2022 EMPLOYMENT LEGISLATIVE UPDATE

By: Jamie M. Bossuat, Kroloff, Belcher, Smart, Perry & Christopherson

As we have seen for the last several years, the legislative session this year resulted in a multitude of employment laws that employers should be aware of and implement in their workplaces. Below are a few that are likely to be most notable for medical practices:

Bereavement Leave The California Family Rights Act (CFRA) was expanded t o cover bereavement leave. Beginning January 1st, employers covered by the CFRA (those with 5 or more employees) must provide 5 days of unpaid leave following the death of an employee’s family member. As with the rest of the CFRA, “family member” is a spouse, child, parent, sibling, grandparent, grandchild, domestic partner, or parent-in-law. Employees must have been employed at least 30 days prior to the commencement of the leave. The days need not be taken consecutively, but must be taken within three months of the date of death. Employers can request documentation of the family member’s death.

Leave to Care for Designated Persons Both the CFRA and the California Paid Sick Leave law are amended to allow an employee to take an unpaid leave of absence to care for a “designated person” other than a family member as defined under the law. Employers may limit employees to one designated person per 12-month period. \

Pay Scale Posting Existing law requires employers to provide pay scale information to applicants after an applicant has completed an initial interview. A “pay scale” is the “salary or hourly wage range that the employer reasonably expects to pay for the position.” This requirement has been expanded. All employers must provide pay scale information to current employees for the employee’s current position. Additionally, employers with 15 or more employees must post the pay scale within any job posting and provide it to third parties engaged to announce or publish a job posting.

Non-Work Related Marijuana Usage The Fair Employment and Housing Act has been amended to prevent discrimination against employees or applicants based on their use of cannabis off the job and away from the workplace. Employers may still maintain drug and alcohol-free workplaces and prohibit employees from possessing, using, or being impaired by cannabis at work. This law does not apply to employees in the building and construction trades or positions that require applicant or employee testing as a matter of law.

Minimum Wage & Mileage Reimbursement Increases The statewide minimum wage will increase to $15.50 per hour for all employers, regardless of the number of employees, on January 1, 2023. The minimum salary threshold to maintain exempt status will increase to $64,480 annually. Additionally, the IRS mileage reimbursement rate increased to 62.5 cents per mile on July 1, 2022.