2022 Changes to California Employment Laws, Part 2

December 17, 2021

The start of a new year always brings about changes to California law. The following is the continuation of highlights of 2022 changes to California’s employment laws that you should be aware of:

AB 286: Food Delivery – Purchase Prices and Tips

Makes it unlawful for a food delivery platform to charge a customer any purchase price for food or beverage that is higher than the price posted on the food delivery platform’s internet website by the food facility at the time of the order.

Makes it also unlawful for the food delivery platform to retain any portion of amounts designated as a tip or gratuity.

AB 701: Warehouse Distribution Centers

Requires warehouse distribution center employers to provide to each employee upon hire (or within 30 days of the effective date of the statute) a written description of each quota to which the employee is subject including: the quantified number of tasks to be performed, or materials to be produced or handled, within the defined time period, and any potential adverse employment action that could result from failure to meet the quota.

The bill prohibits an employer from taking adverse action against an employee for failure to meet a quota that has not been disclosed or for failure to meet a quota that does not allow a worker to comply with meal or rest periods or occupational health and safety laws.

SB 362: Chain Community Pharmacies - Quotas

Prohibits chain pharmacies from imposing quotas (such as being required to fill a certain number of prescriptions) on pharmacists and pharmacy technicians.

SB 62: Employment – Garment Manufacturing

The Landmark Garment Worker Protection Act requires hourly wages for garment workers and prohibits paying on a piecework basis.  It also penalizes both manufacturers and brands for wage theft and other illegal practices.

A garment manufacturer, contractor, or brand guarantor who contracts with another person for the performance of garment manufacturing operations shares joint and several liability with any manufacturer and contractor for the full amount of unpaid wages, and any other compensation, including interest, due to any and all employees who performed manufacturing operations for any violation, including attorney’s fees and civil penalties, as specified. The bill also makes garment manufacturers and contractors liable for the full amount of damages and penalties for any violation.

The bill imposes compensatory damages of $200 per employee against a garment manufacturer or contractor, payable to the employee, for each pay period in which each employee is paid by the piece rate.

SB 639: Minimum Wages – Persons with Disabilities

Ends the practice of paying workers with disabilities less than minimum wage in California and helps transition these workers to competitive integrated employment.

SB 646: Labor Code Private Attorneys General Act of 2004 – Janitorial Employees

Excepts janitorial employees who have been represented by a labor union and employed by a janitorial contractor prior to January 1, 2021 from PAGA.  The bill sunsets on July 1, 2028.

Should you have any questions regarding these new laws and how they impact you, do not hesitate to contact the attorneys at Freeburg & Granieri, APC today!

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