Millicent Lundburg in HRD America: Five California HR Law Changes in 2022

Culhane Meadows’ Austin partner Millicent Lundburg was recently quoted in an article by HRD America about the new employment laws that will go into effect in California on Jan. 1, 2022.

Here are a few excerpts from the article:

Five new HR laws will go into effect in California on Jan. 1, 2022 – and HRD has spoken with three employment lawyers practicing in the state to break down the language in the legislation and educate employers on what they need to know to comply.

The Silenced No More Act amends existing California law which restricts the use of confidentiality and non-disparagement provisions in employment agreements, including settlement and severance agreements.

“The law was originally passed because everybody was worried that employees were having to be quiet about sexual harassment during the #MeToo movement,” says Millicent Lundburg, a labor and employment attorney at national law firm Culhane Meadows. “Now the law has been extended to include discrimination or harassment against any protected class, so employees can’t be prevented from telling the factual circumstance of the discrimination.”

The law also prohibits employers from requiring an employee to sign a release or non-disparagement agreement preventing them from disclosing information about unlawful acts in the workplace. Non-disparagement provisions are still permitted, but only if they contain a disclaimer with the following or substantially similar language: “Nothing in this agreement prevents you from discussing or disclosing information about unlawful acts in the workplace such as harassment or discrimination or any other conduct that you have reason to believe is unlawful.”

Read their entire article HERE to learn more.

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