Employment Law Updates
California recently passed a number of new employment laws…
Notification of COVID-19 Exposure (effective October 5, 2021-January 1, 2023): Assembly Bill 654
AB 654 took effect immediately after its signing on October 5, 2021. The bill amends existing law related to an employer’s obligations when it receives notice of potential exposure to COVID-19. Under AB 654, within one business day of an employer receiving such notice of exposure, the employer must: (1) provide written notice to all employees who were on the premises at the same worksite as the individual within the infectious period, (2) provide written notice to the exclusive representative, if any, of qualifying individuals and employees who had close contact with the qualifying individuals, (3) provide all employees who were on the premises at the same worksite as the qualifying individual within the infectious period with information regarding COVID-19-related benefits to which the employee may be entitled under applicable laws, and (4) notify all employees who were on the premises at the same worksite as the qualifying individual within the infectious period of the cleaning and disinfection plan that the employer is implementing.
Additionally, the law requires the employer to provide notice to the local public health agency of a COVID-19 outbreak within 48 hours or one business day, whichever is later. The law exempts various licensed entities from these reporting requirements, including, but not limited to, health facilities, community clinics, community care facilities, and child daycare facilities.
These notice provisions will sunset on January 1, 2023.
CFRA Expansion to Include Parents-in-Law: Assembly Bill 1033
Under the California Family Rights Act (CFRA), eligible employees may take 12 weeks of leave per year to provide care to family members, including parents, with serious medical conditions. Effective January 1, 2022, AB 1033 expands the definition of “parent” under the CFRA to include parents-in-law. CFRA is applicable to employers with five (5) or more employees. To be eligible for CFRA, employees must meet two requirements: (1) the employee must have worked for the covered employer for more than 12 months and (2) The employee must have worked at least 1,250 hours in the 12 months prior to their leave. Employers should update their policies to reflect that the CFRA now protects employees caring for a parent-in-law.
The Silenced No More Act – Prohibition of Confidentiality Provisions in Workplace Settlement Agreements: Senate Bill 331
California currently prohibits confidentiality or non-disclosure provisions in any settlement agreement for a claim filed in a civil action or before an administrative agency related to allegations of sexual assault or sex-based harassment or discrimination in the workplace. Senate Bill 331 expands this prohibition to include all types of workplace harassment or discrimination cases, no longer just limiting the focus to sex-based wrongful acts.
The bill also requires that if the agreement includes any non-disparagement provision or other language that restricts an employee’s ability to disclose information related to the conditions of the workplace, that agreement must include “in substantial form” the following language clearly stating that the employee has the right to disclose information about unlawful acts in the workplace: “Nothing in this agreement prevents you from discussing or disclosing information about unlawful acts in the workplace, such as harassment or discrimination or any other conduct that you have reason to believe is unlawful.”
This section would apply not only to agreements made in exchange for a raise or bonus, or agreements made as a condition of employment or continued employment, but also to agreements related to an employee’s separation, such as a severance agreement. Note that this bill is not retroactive and applies to agreements entered into on or after January 1, 2022.
Emotional Support Animals Certification Rules – Assembly Bill 468
Currently, California law regulates the sale of dogs and makes it a misdemeanor, punishable by imprisonment in county jail and/or by fine, to misrepresent an animal as a guide, signal, or service dog. AB 468, focused on the uptick in fraudulent labeling of emotional support animals, imposes new notice obligations on any person or business who sells a dog for use as an emotional support animal.
Healthcare providers certifying emotional support animals as a medical accommodation must now comply with specific requirements: (1) possess a valid and active license to provide such professional services, (2) have established a client relationship with the individual seeking documentation for at least 30 days before providing the documentation, (3) have completed a clinical evaluation of the individual prior to providing the documentation, and (4) provide verbal or written notice that fraudulently representing the dog is a misdemeanor.
AB 468 expressly does not “restrict or change existing federal and state law related to a person’s rights for reasonable accommodation.” However, employers have the right to request documentation in support of emotional support animal accommodations for compliance with these new requirements, in conjunction with the existing California regulations.
Electronic Delivery of Workplace Notices: Senate Bill 657
SB 657 provides that whenever an employer is required to post information about employee rights under applicable statutes, it “may also distribute that information to employees by email.” The statute does not eliminate an employer’s current obligation to post physical copies of such notices in the workplace.
Personnel Record Retention: Senate Bill 807
Currently, employers are required to maintain employees’ personnel records for two years. SB 807 lengthens this requirement to four years. If employers receive notice that a complaint has been filed with the Department of Fair Employment and Housing, the employer must maintain the personnel records until the later of the matter reaching resolution or the applicable statute of limitations running. Employers should amend their record retention policies and practices to account for these new timelines.
