Cal-Peculiarities: How California Employment Law is Different 2022 Edition

©2022 Seyfarth Shaw LLP  www.seyfarth.com 2022 Cal-Peculiarities | 323 employee with Pamphlet DE 2320 (called “For Your Benefit”), available from the Employment Development Departmen t. 41 Health insurance information. California employers of 20 or more employees must provide, to terminating employees with health insurance, not only the federal COBRA notice but also a standardized written description of the Health Insurance Premium Program (HIPP), which is available from the State Department of Health Service s. 42 1 For an overview, se e www.dir.ca.gov/wpnodb.html ( visited May. 26 2022). 2 Lab. Code § 90.2(a)(1) (poster to contain the name of the immigration agency, the date the employer received the notice, the nature of the inspection to the extent known, and a copy of any Notice of Inspection of I-9 Employment Eligibility Verification form). 3 2 Cal. Code Regs § 11049. 4 2 Cal. Code Regs §§ 11095, 11096. Former “Notice A” and “Notice B” posters have been eliminated and replaced by the following: (1) “Your Rights and Obligations as a Pregnant Employee” notice (DFEH-E09P) replaces “Notice A” and addresses pregnancy disability leave as well as California Family Rights Act (CFRA); and (2) employers with 50 or more employees must replace “Notice B” with “Family Care and Medical Leave (CFRA Leave) and Pregnancy Disability Leave” notice (DFEH-100-21). . 5 Govt. Code § 12950(a)(2). 6 Lab. Code §§ 247(a), (b). The poster must state all of the following: (1) an employee is entitled to accrue, request, and use paid sick days, (2) the amount of sick days provided for by the California Paid Sick Leave Law; (3) the terms of use of paid sick days, (4) that the employer must not retaliate or discriminate against an employee for requesting or using paid sick days, and (4) that an employee has the right under the California Paid Sick Leave Law to file a DLSE complaint against an employer that retaliates or discriminates against the employee. See Lab. Code § 247(b). See § 2.14. 7 8 Cal. Code Regs § 9881. 8 Lab. Code § 3550. 9 Civ. Code § 52.6. 10 Lab. Code § 1102.8. 11 Lab. Code § 6404.5(d)(1). 12 Se e www.dir.ca.gov/IWC/WageOrderIndustries.htm ( visited May. 26, 2022). 13 California General Industry Safety Order (GISO) 3204. 14 https://www.dir.ca.gov/dlse/COVID19resources/COVIDPostings.html (visited Mar. 17, 2022). 15 San Francisco Admin. Code § 12Z.8(b). 16 San Francisco Admin. Code § 14.3(e)(2). 17 San Francisco Admin. Code § 12R.5(b). 18 San Francisco Admin. Code § 12W.5(b). 19 San Francisco Public Health Emergency Ordinance § 6. 20 San Francisco Police Code § 3300F.7(b). 21 San Francisco Admin. Code § 3300H.5. 22 San Francisco Police Code § 4905(c). 23 San Francisco Police Code § 3300J.5(b). 24 City and County of San Francisco Department of Public Health Order of the Health Officer No. C19-07y (Stay Safer At Home) (Mar. 10, 2022). 25 Los Angeles Municipal Code § 188.03.A. 26 Los Angeles Municipal Code § 189.04.B. 27 2 Cal. Code Regs § 11049(d)(3). 28 Gov’t Code § 12950. 29 Rev. & Tax. Code § 19853. This notice requirement applies to any California employer that must provide unemployment insurance to employees under the Unemployment Insurance Code. See Rev. & Tax. Code § 19852(a). A sample notice appears on the EDD website at www.edd.ca.gov ( visited May 26, 2022). 30 Lab. Code § 1207. 31 Lab. Code § 3551. 32 Lab. Code § 3551.