Tuesday, October 16, 2018
In 2018, Governor Brown alive several laws impacting California employers. A arbitrary of some of the key new laws follows. The able date of anniversary new law is adumbrated in the branch of the Assembly Bill (AB) and/or Senate Bill (SB).1 The annual beneath is in afterwards adjustment by AB or SB.
Under accepted California law, administration are adapted to accomplish reasonable efforts to accommodate an agent who wishes to accurate milk with the use of a allowance or added location, added than a toilet stall, in aing adjacency to the employee’s assignment breadth for the agent to accurate milk in clandestine for the employee’s child. Administration are additionally adapted to accommodate such advisers a reasonable bulk of breach time. The breach time shall, if possible, run accordingly with any breach time already provided to the employee. Breach time for an agent that does not run accordingly with paid blow break charge not be paid. See Labor Code Area 1030.
AB 1976 replaced the appellation “toilet stall” with “bathroom.” In addition, administration that accomplish a acting lactation breadth accessible to advisers shall be accounted to be in acquiescence if all of the afterward altitude are met: (1) they are clumsy to accommodate a abiding lactation breadth because of operational, banking or amplitude limitations; (2) the acting breadth is clandestine and chargeless from advance while an agent expresses milk; (3) the acting breadth is acclimated alone for lactation purposes while an agent expresses milk; (4) the acting breadth contrarily meets the requirements of accompaniment law apropos lactation accommodation.
This Bill apology Area 1031 of the Labor Code.
Existing rules require, amid added things, that the Division of Anatomic Assurance and Bloom (“Division”) accomplish all anatomic assurance and bloom standards and that it affair a commendation for employer violations of recordkeeping requirements. Currently, the Division is banned from arising a commendation added than six months afterwards the “occurrence” of the violation.
AB 2334 provides, amid added things, that an “occurrence” continues until (a) it is corrected, (b) the Division discovers the violation, or (c) the assignment to accede with the affirmation that was abandoned no best exists.
This Bill apology Sections 138.7, 3702.2 and 6317 of the Labor Code, and adds Sections 6410.1 and 6410.2 to the Labor Code.
Paid Family Leave provides allowances to advisers who charge to booty time off assignment to affliction for a actively ill child, parent, parent-in-law, grandparent, grandchild, sibling, spouse, or registered calm partner. Beneath Paid Family Leave, allowances are additionally accessible to new parents who charge time to band with a new adolescent entering their lives either by birth, adoption, or advance affliction placement. Prior to January 1, 2018, an agent was acceptable for allowances if, amid added things, the agent was clumsy to accomplish his or her approved or accepted assignment for a seven-day cat-and-mouse aeon during anniversary affliction annual period; but the agent was not advantaged to payments for allowances during this cat-and-mouse period. As of January 1, 2018, this seven-day cat-and-mouse aeon was eliminated.
Further, currently, an employer is acceptable to crave an agent to booty up to two weeks of becoming but bare vacation before, and as a activity of, the employee’s antecedent cancellation of allowances beneath Paid Family Leave, and that allocation of the vacation that does not beat one anniversary can be activated to the cat-and-mouse period.
AB 2587 deletes the appliance of vacation to the seven-day cat-and-mouse period, constant with the abatement of the seven-day cat-and-mouse aeon for these allowances that ahead went into aftereffect on January 1, 2018. There is contrarily no change and an employer is still acceptable to crave an agent to booty up to two weeks of vacation.
This Bill apology Area 3303.1 of the Unemployment Allowance Code.
Currently, in about all industries, administration are banned from acute an agent to assignment added than bristles hours per day afterwards accouterment a duty-free meal aeon of not beneath than thirty minutes. The meal aeon charge arise afore the end of the fifth hour of work.
AB 2610 authorizes a bartering disciplinarian alive by a motor carrier to arise the meal aeon afterwards six hours of assignment beneath the afterward conditions: (a) the disciplinarian is alteration nutrients and byproducts from a accountant bartering augment architect to a chump amid in a alien rural location; and (b) the approved bulk of pay of the disciplinarian is no beneath than one and one-half times the accompaniment minimum allowance and the disciplinarian receives overtime advantage in accordance with specific accoutrement of absolute law. “Remote rural location” is not defined.
This Bill apology Area 512 of the Labor Code.
Existing law authorizes an employer to acquaint a -to-be employer whether or not the employer would rehire the employee. Such a advice is accounted advantaged and adequate from a accusation for aspersion beneath Civilian Code Area 47 if done afterwards malice.
AB 2770 apology Area 47 to add amid those advantaged communications the following: (a) complaints of animal aggravation by an agent — afterwards acerbity — to an employer based on aboveboard evidence; (b) communications amid the employer and absorbed bodies — afterwards acerbity — apropos a complaint of animal harassment; (c) communications by the employer — afterwards acerbity — whether the employer’s accommodation to not rehire the agent is based on the employer’s assurance that the aloft agent affianced in animal harassment.
This Bill apology Area 47 of the Civilian Code.
In a alternation of new laws stemming from the #MeToo movement,2 AB 3109 makes a accouterment in a arrangement or adjustment acceding which waives a party’s adapted to affirm in an administrative, aldermanic or authoritative proceeding apropos declared bent conduct or animal harassment, abandoned and unenforceable.
This Bill adds Area 1670.11 to the Civilian Code.
The California Fair Application and Housing Act (FEHA) protects adjoin bigotry or aggravation on annual of assorted claimed and adequate characteristics. Currently, the Department of Fair Application and Housing (DFEH) is the accompaniment bureau answerable with administration California’s civilian rights laws. Moreover, FEHA makes it an actionable convenance for a actuality to abjure or to aid, abet or cabal in the abnegation of assertive civilian rights.
SB 224 makes, amid added things, the DFEH amenable for the administration of animal aggravation claims and makes it an actionable convenance to abjure or aid, abet or cabal in the abnegation of rights of bodies accompanying to animal aggravation actions.
This Bill apology Area 51.9 of the Civilian Code and Sections 12930 and 12948 of the Government Code.
SB 820 makes a accouterment in a adjustment agreement, entered into on or afterwards January 1, 2019, preventing the acknowledgment of the absolute advice apropos to the afterward civilian and/or authoritative claims, abandoned as a bulk of law and adjoin accessible policy: (a) animal assault; (b) animal harassment; (c) abode aggravation or bigotry based on ; (d) abortion to anticipate an act of abode aggravation or bigotry based on ; (e) backfire adjoin a actuality for advertisement aggravation or bigotry based on ; (f) aggravation or bigotry based on ; or (g) backfire adjoin a actuality for advertisement aggravation or bigotry based on .
This Bill especially allows: (1) at the appeal of the claimant, that the adjustment acceding accommodate a accouterment that bouncer the character of the appellant and all facts that could advance to the analysis of his or her identity, including pleadings filed in cloister as continued as the opposing affair is not a government bureau or accessible official; and (2) that the adjustment acceding accommodate a accouterment that bouncer the acknowledgment of the bulk paid in adjustment of a claim.
This Bill adds Area 1001 to the Code of Civilian Procedure.
As awful publicized in the account beyond the nation and aboriginal of its kind, SB 826 requires, amid added things, that by December 31, 2019, a about captivated association (whether calm or foreign) whose controlling offices are amid in California (according to the corporation’s SEC 10-K form) to accept a minimum of one changeable administrator on its lath of directors. Subsequently, no after than December 31, 2021, this bill increases that adapted minimum cardinal to two changeable admiral if the association has bristles admiral or to three changeable admiral if the association has six or added directors.
This bill additionally requires that by July 1, 2019, the California Secretary of Accompaniment broadcast a address on its website documenting the cardinal of corporations that accept at atomic one changeable director. Further, this bill requires that by March 1, 2020, and annually thereafter, the Secretary of Accompaniment broadcast a address on its website apropos at atomic the following: (a) the cardinal of corporations accountable to this area that were in acquiescence with the requirements of this area during at atomic one point during the above-mentioned agenda year; (b) the cardinal of about captivated corporations that confused their United States address to California from accession accompaniment or out of California into accession accompaniment during the above-mentioned agenda year; (c) the cardinal of about captivated corporations that were accountable to this area during the above-mentioned year, but are no best about traded.
This bill additionally provides that the Secretary of Accompaniment may accept regulations to apparatus this area and may appoint ample fines for violations as follows: (a) $100,000 for abortion to adapted book lath affiliate advice with the Secretary of State; (b) $100,000 for a aboriginal violation; and (c) $300,000 for a additional or consecutive violation.
This Bill adds Sections 301.3 and 2115.5 to the Corporations Code.
Under FEHA, administration with 50 or added advisers charge accommodate at atomic two hours of training and apprenticeship apropos animal aggravation to all admiral and managers every two years or aural six months of the agent actuality answer to a authoritative position.
SB 970 apology FEHA to crave administration in the auberge and cabin industry (excluding bed and breakfast inns) to accommodate at atomic 20 annual of training and apprenticeship apropos animal trafficking acquaintance to advisers who are acceptable to collaborate or appear into acquaintance with victims of animal trafficking. The agenda for acquiescence begins on January 1, 2020, and continues every two years thereafter.
This bill adds Area 12950.3 to the Government Code.
Operative on January 1, 2021, SB 1123 expands the ambit of Paid Family Leave, additionally accepted as California’s affliction allowance program, to accommodate time off to participate in a condoning acuteness accompanying to the covered alive duty, or alarm to covered alive assignment of the individual’s spouse, calm partner, adolescent or ancestor in the armed armament of the United States.
This bill makes assorted modifications including abacus sections, aition and amendments to the Unemployment Allowance Code. The sections afflicted are Sections 3301, 3302.1, 3302.2, 3303, 3303.1 and 3307 of the Unemployment Allowance Code.
This bill requires that administration accommodate advisers the adapted to “receive a copy” of application annal and not aloof the adapted to “inspect or archetype records” as currently adapted beneath Labor Code Area 226.
This bill apology Area 226 of the Labor Code.
By way of background, beneath FEHA, administration may, amid added things, be amenable for the acts of nonemployees, with account to animal aggravation of employees, and others including applicants, contributed interns and volunteers, if employers, or their agents or supervisors, knew or should accept accepted of the blameworthy conduct and bootless to booty actual and adapted antidotal action.
Under SB 1300, administration can now be amenable for the acts of nonemployees with account to any other aggravation activity banned by FEHA, i.e., aggravation based on added adequate characteristics including, but not bound to, race, religious creed, color, civic agent and ancestry.
This bill additionally prohibits employers, in barter for a accession or bonus, or as a activity of employment, from: (1) acute the beheading of a absolution of a affirmation or adapted beneath FEHA, or (2) acute an agent to assurance a non-disparagement acceding or added certificate that purports to abjure the agent the adapted to acknowledge advice about actionable acts in the workplace, including, but not bound to, animal harassment. Beneath SB 1300, an acceding or certificate in abuse of either of prohibitions (1) and (2) aloft is adverse to accessible activity and unenforceable.
In addition, this bill authorizes (but does not require) administration to accommodate eyewitness activity training to their employees, i.e., training that would accommodate advice and applied advice on how to accredit bystanders to admit potentially ambiguous behaviors and to actuate bystanders to booty activity back they beam these behaviors.
Finally, SB 1300 affirms, disapproves or rejects several cloister decisions as follows:
This bill apology Sections 12940 and 12965 of the Government Code and adds Sections 12923, 12950.2 and 12964.5 to the Government Code.
As mentioned aloft beneath SB 970, beneath FEHA, administration with 50 or added advisers charge accommodate at atomic two hours of training and apprenticeship apropos animal aggravation to all admiral and managers every two years or aural six months of the agent actuality answer to a authoritative position.
SB 1343 expands animal aggravation training requirements to administration who apply bristles or added employees, including acting or melancholia employees. By January 1, 2020, and already every two years thereafter, such administration are adapted to accommodate at atomic two hours of animal aggravation training to all admiral and managers, and at atomic one hour of animal aggravation training to all non-supervisory employees.
This bill additionally requires the DFEH to: (a) advance or access one-hour and two-hour online training courses on the blockage of animal aggravation in the abode and to column the courses on the DFEH’s website; and (b) accomplish absolute advisory posters and actuality sheets, as able-bodied as the online training courses apropos animal aggravation prevention, accessible to administration and to associates of the accessible on the DFEH’S website.
This bill apology Sections 12950 and 12950.1 of the Government Code.
Under accepted law, administration are prohibited, amid added things, from allurement an appellant for application to acknowledge from gluttonous from any source, or from utilizing as a agency in free any activity of employment, advice apropos accommodating in a pretrial or post-trial aberration affairs or apropos a confidence that has been judicially absolved or ordered sealed.
This bill specifies that administration are not banned from allurement an appellant about, or gluttonous from any antecedent advice regarding, a accurate confidence of the appellant if: (1) administration are adapted to access advice apropos the accurate confidence of the applicant, behindhand of whether the confidence has been expunged, judicially ordered sealed, statutorily eradicated, or judicially absolved afterward probation; (2) the appellant would be adapted to acquire or use a firearm in the advance of his or her employment; (3) an alone with that accurate confidence is banned by law from captivation the position sought, behindhand of whether the confidence has been expunged, judicially ordered sealed, statutorily eradicated, or judicially absolved afterward probation; or (4) administration are banned by law from hiring an appellant who has that accurate conviction, behindhand of whether the confidence has been expunged, judicially ordered sealed, statutorily eradicated, or judicially absolved afterward probation.
This bill apology Area 432.7 of the Labor Code.
The above new laws will crave administration to alter their behavior and procedures. Accordingly, administration should argue with acknowledged admonition to ensure their behavior are adjustable and their agent handbooks are up to date.
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