Get ready for California’s new employment laws

California employers should be aware of new employment laws that will take effect January 1, 2022, including new laws that will (1) further expand the scope of the California Family Rights Act (CFRA), (2) clarify the procedures for the CFRA pilot mediation program for small employers, (3) impose new requirements for separation agreements with employees, and (4) limit nondisclosure provisions in agreements settling any harassment or discrimination claims.

CFRA further expanded

Last year, Senate Bill (SB) 1383 made sweeping changes to the CFRA to cover an additional six million more Californians. Since January 1, 2021, the CFRA was expanded to cover small employers with as few as five employees (rather than limiting coverage to employers with 50 or more employees). The eligibility requirement of working for an employer with at least 50 employees in a 75-mile radius was eliminated entirely.

SB 1383 further allowed CFRA leave to be used for a “qualifying exigency” related to covered active duty or call to covered active duty of an employee’s spouse, registered domestic partner, child, or parent in the U.S. Armed Services. If an employee is eligible for leave under the CFRA and the federal Family and Medical Leave Act (FMLA), then leave taken for a “qualifying exigency” may be designated as both CFRA and FMLA leave.