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New State Employment Laws for 2022

2021 has been an incredible year for workers’ rights. Employees around the country and the world have realized that they have the power to fight for their needs. This has led to a massive upswell in everything from individuals negotiating higher salaries to successful unionizations to new employment laws protecting your rights.

If you live in one of the states that have passed new employment laws, it’s just about time for these bills to go into effect. A broad range of laws will kick in on the first of the year, potentially affecting everything from your minimum wage to your benefits. Keep reading to learn what rules will be expanding your rights in California, Illinois, Ohio, and Pennsylvania.

California

California has made more changes to its employment laws than any other state. The state’s government appears to be attempting to improve conditions for workers that experienced significant hardship over the course of the pandemic. Just a few of the laws going into effect on January 1st, 2022, include:

Criminalization of Wage Theft

Assembly Bill 1003 will officially make wage theft by employers a felony. While wage theft has been a crime for a long time, this bill officially adds criminal penalties to withholding wages. Any employer who intentionally withholds more than $950 from one employee or $2350 from two or more employees will be punished according to the same penalties as grand theft.

Expanded Family Leave

The California Family Rights Act (CFRA) is being expanded under Assembly Bill 1033. This bill will allow workers to take CFRA leave to care for their spouse’s parents and their own, their spouse, their children, or themselves. This makes it easier for workers to care for their entire family without leaving anyone behind.

Quota Protections

Many manufacturers require their employees to meet quotas to retain employment. Assembly Bill 701 will force manufacturers to provide written quota descriptions to employees and ban quotas that can’t be completed without violating rest break requirements. Furthermore, the bill specifies that the time workers spend on safety procedures counts as “productive” time even if they aren’t actively working towards their quotas.

Illinois

Illinois isn’t far behind California in terms of expanding workers’ rights. The state has taken multiple steps to provide better conditions for workers in Chicago and elsewhere. While Illinois still isn’t quite as progressive as California, it will be enforcing new workers’ rights laws in 2022 that include:

Increased Minimum Wage

In 2022, a 2019 law requiring regular minimum wage increases will raise the Illinois minimum wage to $12 an hour. This law will continue to increase wages until 2025, at which point the state’s standard minimum wage will be $15 per hour.

Increased Disability Protections

Illinois and federal law prohibit organizations from discriminating against workers due to disabilities. As of 2022, Illinois House Bill 1838 will officially declare that disability discrimination includes disabilities suffered by workers and those of people with whom they associate. This law will prevent employers from hiring or firing someone because of a family member’s disability that may require them to take time off.

Increased Benefits Coverage

Illinois House Bill 117 will require all businesses with five or more employees to follow the Secure Choice Savings Program Act. This Act requires companies to enroll in retirement savings plans for their employees, increasing the benefits they offer. Currently, the bill only applies to companies with 25 or more workers. The increased coverage should provide retirement benefits for a significantly larger portion of the Illinois population.

Ohio

Ohio is known for being a relatively conservative state, so there’s no surprise that it hasn’t made as many changes as others. However, Ohio is still pushing through one critical improvement. As of January 1st, the state will be raising its minimum wage.

The state has two minimum wages: one for non-tipped employees and one for tipped workers like waitstaff. The current minimum wage for non-tipped employees is $8.55, and it will increase to $9.30 on the 1st. Meanwhile, the tipped minimum wage is $4.30, which will rise to $4.65.

This increase is pegged to the average cost of living in Ohio. Workers making the standard minimum wage full-time will make an additional $1500 per year, bringing them up to $18,600 annually, above the Ohio poverty line for a two-person household. This will help the state address the nearly 14% of its population that currently lives in poverty. 

Pennsylvania

Not every state has made new laws, but that hasn’t stopped municipalities from improving conditions for workers. Cities have a lot of power regarding the enforcement of laws within their jurisdiction. Philadelphia, Pennsylvania, is making the most of this and providing its workforce with more privacy protections in the new year.

The city will officially enforce Bill No. 200625 on January 1st of 2022. Any employer located in the city’s jurisdiction will no longer be permitted to test its employees for marijuana consumption as a condition of employment. The only exceptions are federal contractors, public safety workers, formal caregiving roles, and any job that requires a commercial driver’s license.

Currently, recreational marijuana is still illegal in the state of Pennsylvania. However, medical marijuana is legal, and cities including Pittsburgh and Philadelphia have decriminalized possession of small amounts of recreational marijuana. The new bill furthers decriminalization, protecting people working in Philadelphia from invasive tests for legally consuming substances.

Know Your New Rights

No matter where you live, it’s essential to understand the rights your state and city legally protect. As 2022 begins, your state will likely offer you new protections for the new year. Understanding the laws that protect you can help you spot when it’s time to hold your employer accountable for breaking those laws.

If you ever need help claiming your rights as an employee, the right lawyer can make all the difference. An employment law attorney will help you understand the relevant laws, build your case, and stand up for your rights in court. You can schedule your consultation today to learn more about getting legal help to stand up to your employer.

This is attorney advertising. These posts are written on behalf of Law Offices of Todd M. Friedman, P.C. and are intended solely as informational content. These blogs in no way provide specific or actionable legal advice, nor does your use of or engagement with this site establish any attorney-client relationship. Please read the disclaimer