More New Employment Laws Going Into Effect in 2022

Kesluk, Silverstein, Jacob & Morrison, P.C. protects the rights of workers all across Los Angeles and California. Last month, we explained a few of the new employment laws that Governor Gavin Newsom signed into law. This month we will continue outlining even more new laws that will go into effect on January 1, 2022.

More 2022 Employment Laws for California

Authority and Personnel Record Retention. SB 807 lengthens the time period that employers must retain employee personnel records. Employers must now retain personnel records for four years instead of two. If the Department of Fair Employment and Housing (DFEH) receives a complaint, that employer must retain personnel records until the applicable statute of limitations runs out, or until the complaint reaches a conclusion.

Under SB 807 the DFEH also gains new authority on certain issues.

  • It gains the ability to toll the deadline to file a civil action with pending dispute resolution.
  • It also gains the ability to toll the statute of limitations for civil actions based on civil rights violations that the DFEH is investigating. In these circumstances, the department can apply this toll retroactively without reviving lapsed claims. The statute of limitations toll may last until the DFEH files a civil action for the suspected violation or until one year after the DFEH sends written notification that it has closed its investigation of the alleged violation without filing a civil action.
  • SB 807 also gives the DFEH a two-year period in order to complete investigations and send a right-to-sue notice for employment discrimination complaints for class or group complaints.

Minimum Wage for People with Disabilities. If an employer carries the correct license from the Industrial Welfare Commission (IWC), it may employ persons with disabilities for less than the minimum wage. SB 639 changes that. As of January 1, 2022, the new law will prohibit the issuing of new licenses of this type. Existing license holders will have three years to develop a plan with the State Council on Developmental Disabilities to transition current disabled employees into new appropriate roles. By January 1, 2025, it will be illegal to employ a person with disabilities for less than the standard minimum wage.

Choose the Attorney Who is Prepared to Properly Defend Your Rights

This is just a sample of the new employment laws that are coming into effect in the New Year. The attorneys at Kesluk, Silverstein, Jacob & Morrison, P.C. will continue to monitor these changes so they may bring you the best representation when it comes to employment law. For more information about how we can defend your rights as a worker, call us at (310) 273-3180 or fill out our confidential online form. Remember, do not call us from a company phone or send a message to us through your company computer.

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