In 2022, there will be changes to some existing labor laws. Two of the most notable ones aim to strengthen the rights of victims of harassment and discrimination in the workplace. Additionally, the state of California will once again make changes to the definition of who is not an independent contractor.
The Senate Bill 331 project seeks to extend restrictions on nondisclosure and severance agreements for workplace assault, discrimination, and harassment claims that went into effect in 2019. The same restrictions will apply to non-sex-based harassment and discrimination claims starting in 2022. In addition, the project means to ensure that trade secret and separation agreements cannot have clauses limiting the details of any harassment, discrimination, or other unlawful activity that has occurred within the workplace.
Along with the reinforcements mentioned above to anti-harassment policies, California laws are reviewing and updating the definition of an independent contractor. Some of the changes meant to take place in 2022 include:
- Research subjects do not have to be compensated in order to qualify as exempt
- Licensed manicurists and subcontractors have their exemptions extended through 2025
- Certain claim adjusters and third-party administrators in the insurance and finance sectors will be exempt
In addition to these changes in status, California is seeking to implement new laws that strengthen and protect workers’ earnings. The first of these measures comes in the form of an overall payment raise. California’s minimum wage is scheduled to reach $14 per hour in 2022 for employers with 25 or fewer workers. Employers with more than 25 workers will see an increase to $15 per hour. In addition, certain cities and counties will offer their own minimum wages for the new year.
Salary protections extend to new laws, with wage theft no longer considered a misdemeanor. By 2022, employers who purposely withhold wages and tips from their employees will face felony charges. The amount must be more than $950 from one employee or $2,350 from two employees or more within one year. Assembly bill N. 1003, which penalizes wage theft, will also apply to independent contractors who hire employees.