Insight & Commentary on California Workplace Law Issues & Developments
California has joined a number of states in passing legislation purporting to prohibit mandatory arbitration agreements for sexual harassment and other claims. Such laws have gained popularity in the wake of the #MeToo movement, but are subject to challenge under Federal Arbitration Act (FAA) preemption principles.
Under Assembly Bill 51, signed by Governor Gavin Newsom…
On August 30, 2019, Governor Gavin Newsom signed Senate Bill (SB) 778, which amends Section 12950.1 of the California Government Code. SB 778 extends California employers’ obligation from January 1, 2020 to January 1, 2021, to comply with sexual harassment trainings as outlined under California Government Code section 12950.1.
Please recall, per Govt. Code section…
California employment law is changing once again. By January 1, 2020, an employer having five or more employees will be required to provide at least one hour of sexual harassment training to all of its employees, once every two years. The training will be required to start within six months of the employee’s assumption of…
The year 2018 has seen significant shifts in the landscape of gender equality and sexual harassment. Complaints of sexual harassment in California nearly doubled in the first three months of 2018. From January through March 2018, the California Department of Fair Employment and Housing received 939 complaints of sexual harassment. This reflects an increase of…
Governor Jerry Brown has signed into law Assembly Bill 2338 which requires talent agencies licensed by the California Labor Commissioner to provide materials related to sexual harassment prevention, retaliation, among others, to its artists. Additionally, the bill requires that prior to receiving a permit to employ a minor in the entertainment industry, the minor’s parent…
In a last-minute action on the September 30 legislative deadline, California’s Governor vetoed a bill that, among other things, would have imposed restrictions on the use of arbitration agreements for certain employment claims.
Under vetoed Assembly Bill 3080, beginning on January 1, 2019, employers in California would have been barred from requiring employees and independent…
Beginning January 1, 2019, new California law creates several new protections for employees bringing harassment claims.
Highlights of Senate Bill 1300 (SB 1300) follows:
SB 1300 mandates that an employer may be responsible for the acts of nonemployees with respect to any type of harassment (not just sexual harassment) against employees…
California employers with at least five employees must provide sexual harassment prevention training and education to all supervisory employees and non-supervisory employees in California by January 1, 2020.
Since 2005, employers with at least 50 employees have been required to train and educate all personnel in supervisory positions in California in the prevention of sexual…
Congress recently passed the 2017 Tax Cuts & Jobs Act which includes Internal Revenue Code §162(q). Specifically, § 162(q) provides:
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In responding to claim of harassment, discrimination or retaliation based on protected categories, California employers must timely respond to and thoroughly investigate workplace complaints to avoid exposure. On July 9, 2018, a California Court of Appeal court found an employer liable where an employee was mocking a person for having a stutter on more than…
