Seyfarth Synopsis: California Legislators beatific Governor Jerry Brown 1,217 bills to accede in his final bill-signing aeon as Governor—more than any California governor has apparent back 2004. The final tally: 1016 signed, 201 vetoed. Beneath is our full, final assembly of new laws that administration allegation accede with and the bills that fell to the Governor’s veto pen. Alike though the Governor’s veto adored California administration from some truly abominable legislation (such as AB 3080’s attempted ban on application adjudication agreements), 2019 may able-bodied accompany a new Legislature aloof as adverse to business, and a new Governor not accepted for the applied attention that sometimes has characterized Governor Brown. We apprehend that the banned bills will re-emerge, and may accept a added favorable gubernatorial consideration.
Human trafficking acquaintance — SB 970 requires auberge and cabin employers (excluding bed and breakfast inns), to accommodate — by January 1, 2020, and already every two years thereafter — at atomic 20 account of alternate animal trafficking acquaintance training to advisers acceptable to collaborate with animal trafficking victims. The Department of Fair Application and Housing (FEHA) can seek an order acute an employer accede with these requirements. Adds area 12950.3 to the Government Code.
Sexual aggravation album bill — SB 1300 adds a area to the Government Code that declares the purpose of aggravation laws is to accommodate all Californians with according befalling to accomplish in the workplace. To that end, the bill especially affirms or rejects authentic judicial decisions in:
SB 1300 also:
SB 1300 apology Government Code sections 12940, 12965 and adds Government Code sections 12923, 12950.2, 12964.5.
Sex aggravation adjustment acceding confidentiality restrictions — For adjustment agreements entered into on or afterwards January 1, 2019, SB 820 will prohibit and accomplish abandoned any accouterment that prevents the acceptance of admonition accompanying to civilian or authoritative complaints of animal assault, ual harassment, and abode aggravation or bigotry based on . SB 820 especially authorizes accoutrement that (1) avert the acceptance of the bulk paid in adjustment and (2) assure the claimant’s character and any actuality that could acknowledge the identity, so continued as the appellant has requested anonymity and the opposing affair is not a government bureau or accessible official. SB 820 suggests that a abuse of its provisions would accord acceleration to a account of activity for civilian damages. Adds area 1001 to the Code of Civilian Procedure.
Banning waivers of rights to affirm — As to any arrangement or adjustment acceding entered into on or after January 1, 2019, SB 3109 makes abandoned and unenforceable any accouterment that waives a party’s adapted to affirm in a legal proceeding (if adapted or requested by cloister order, amendment or authoritative or aldermanic request) apropos bent conduct or animal aggravation on the allotment of the added application party, or the added party’s agents or employees. Adds area 1670.11 to the Civilian Code.
Strengthening prohibitions adjoin aggravation with account to able relationships — SB 224 gives added examples of able relationships area accountability for claims of ual aggravation may appear and authorizes the DFEH to investigate those circumstances. Apology area 51.9 of the Civilian Code and area 12930 and 12948 of the Government Code.
Requiring animal aggravation apprenticeship by aptitude agencies — AB 2338 requires aptitude agencies to provide developed artists, parents or acknowledged guardians of amateur age-old 14-17, and age-eligible minors, aural 90 canicule of retention, educational abstracts on animal aggravation prevention, retaliation, and advertisement resources. For developed archetypal artists only, the talent bureau will be adapted to accommodate abstracts on diet and bistro disorders. Aptitude agencies will additionally accept to retain, for three years, annal d that those educational abstracts were provided. Adds Commodity 4 (commencing with Area 1700.50) to Chapter 4 of Allotment 6 of Division 2 of the Activity Code.
Expanding ambit of adapted animal aggravation training — SB 1343 requires an employer of bristles or more advisers — including melancholia and acting employees — to accommodate assertive animal aggravation training by January 1, 2020. Aural six months of their d their position (and once every two years thereafter), all admiral allegation accept at least two hours of training, and all nonsupervisory advisers must accept at atomic one hour. SB 1343 additionally requires the DFEH to make accessible a one-hour and a two-hour online training course administration may use and to accomplish the training videos, existing advising posters, actuality sheets, and online training courses accessible in assorted languages. Apology sections 12950 and 12950.1 of the Government Code.
Requiring animal aggravation apprenticeship for in-home abutment casework — AB 3082 requires the Department of Social Casework to advance or analyze — and accommodate a archetype and description to the Legislature by September 30, 2019 — (1) educational abstracts acclamation animal aggravation of in-home admiring casework (IHSS) providers and recipients, and (2) a adjustment to aggregate abstracts on the prevalence of animal aggravation in the IHSS program. Adds area 12318 to the Welfare & Institutions Code.
Lactation area — AB 1976 requires administration to accomplish reasonable efforts to accommodate a allowance or area (that is not a bathroom, deleting “toilet stall” and inserting “bathroom”) for lactation. The additionally bill authorizes a acting lactation area if assertive altitude are met and provides a attenuated disproportionate accident exemption. The Governor banned the similar, added onerous, SB 937, discussed below. Apology section 1031 of the Activity Code.
Pay statement: Adapted to accept — Stating it is declaratory of absolute law, SB 1252 provides advisers the right “to receive” a archetype of—not aloof audit or copy — their pay statements. Apology area 226 of the Labor Code.
Rest break in petroleum accessories — AB 2605 exempts from rest-period requirements assertive workers who authority “safety-sensitive positions,” authentic as a position whose duties analytic accommodate responding to emergencies in the ability and backpack admonition devices. The absolution applies alone to workers covered by a collective acceding acceding and accountable to Industrial Allowance Commission Allowance Adjustment No. 1. But administration allegation pay exempted workers one hour of pay at the accustomed bulk if the blow aeon is disconnected to acknowledge to an emergency. Because AB 2605 is an coercion statute, these provisions took aftereffect anon back accustomed by the Governor on September 20, 2018 and will dusk on January 1, 2021. The columnist of this bill approved to carve out an absolution for these positions in light of the contempo Augustus v. ABM Security Services, Inc. case. Adds area 226.75 to the Activity Code.
Port drayage motor carries — SB 1402 requires the Department of Labor Standards Administration to column a account on its website of anchorage drayage motor carriers with any aghast acumen or appraisal or any “order, decision, or award” award actionable conduct as to assorted wage/hour issues, accurately including independent architect misclassification and acquired claims. This bill also extends collective and several accountability to the barter of these drayage motor carriers for their approaching allowance violations of the same nature. Adds area 2810.4 to the Activity Code.
Contractor accountability — Passed as an coercion statute to accomplish allegorical changes to aftermost year’s AB 1701—which created collective liability for architecture contractors and subcontractors — AB 1565 anon repeals the express accouterment that adequate absolute contractors for accountability for annihilation added than contributed accomplishment and binding or added benefit payments or contributions including absorption owed. For contracts entered into on or afterwards January 1, 2019, the absolute contractor allegation specify what abstracts and admonition the subcontractor must accommodate in adjustment to abstain a acknowledged payment. Apology section 218.7 of the Activity Code.
Criminal history — SB 1412 requires administration to accede alone a “particular conviction” (“for specific criminal conduct or a chic of bent offenses assigned by any federal law, federal regulation, or accompaniment law that contains requirements, exclusions, or both, especially based on that specific bent conduct or chic of bent offenses”) relevant to the job back screening applicants application a bent background check. Apology area 432.7 of the Activity Code.
Women on boards — SB 826 requires California-based about captivated corporations to accept on their board of admiral at atomic one changeable — authentic as bodies who self-identify as women, behindhand of their appointed at birth. The borderline for acquiescence is December 31, 2019. A association may allegation to admission its accustomed cardinal of directors to accede with this requirement. The bill imposes minimum seat requirements that allegation be abounding by women, proportional to the absolute cardinal of seats, by December 31, 2021. The Secretary of State allegation broadcast a address by July 1, 2019 of the cardinal of corporations whose arch controlling offices are in California and accept at atomic one changeable director, and an anniversary address alpha March 1, 2020, account the cardinal of corporations that (1) complied with requirements in 2019, (2) confused their address in or out of California, and (3) were accountable to these accoutrement during 2019, but no best about traded.
For anniversary director’s bench not captivated by a changeable during at atomic a allocation of the agenda year — back by law it should accept been — the association will be accountable to a $100,000 accomplished for the aboriginal abuse and a $300,000 accomplished for added violations. Corporations that abort to adapted book board affiliate admonition with the Secretary of Accompaniment will additionally be subject to a $100,000 fine. Adds sections 301.3 and 2115.5 to the Corporations Code.
Mediation acquaintance — SB 954 requires attorneys, except in class actions, to accommodate their mediating audience with a written acceptance absolute the acquaintance restrictions provided in Area 1119 of the Affirmation Code and obtain the client’s accounting acceptance that the appellant has read and understands the acquaintance restrictions. This assignment arises as anon as analytic accessible afore the appellant agrees to participate in adjudication or a adjudication consultation. The bill is of little aftereffect as an attorney’s abortion to accede is not a base to set a an acceding able in or pursuant to a mediation. Apology Affirmation Code area 1122 and adds Evidence Code area 1129.
Banning acknowledged banned on acceptance and arbitration agreements — AB 3080would accept banned businesses from requiring, as a activity of employment, application benefit, or arrangement (1) that a job appellant or agent abandon any right, forum, or action (e.g., arbitration) for a abuse of FEHA or the Activity Code, and (2) that a job applicant, employee, or absolute architect not acknowledge instances of animal harassment suffered, witnessed, or apparent in the assignment abode or in achievement of the contract, opposing actionable practices, or accommodating in aggravation and bigotry related investigations or proceedings. Biting their fingernails into the night on the Governor’s signing deadline, to employers’ relief, Governor Brown banned the bill.
The Governor declared he was accountable to veto this bill because it “plainly violates federal law.” He remained constant with his veto of a agnate bill in 2015, in which he referred to contempo cloister decisions that invalidated accompaniment policies that impeded adjudication and declared his admiration to watch approaching US Supreme Cloister decisions on the affair afore “endorsing a broad ban on binding adjudication agreements.” He declared that the “direction from the Supreme Cloister back my beforehand veto has been bright — states allegation chase the Federal Adjudication Act and the Supreme Court’s estimation of the Act,” citing DIRECTV, Inc. v. Imburgia; and Kindred Nursing Centers Ltd. Partnership v. Clark to adios this bill’s premise “that the Act governs alone the administration and not the initial accumulation of adjudication agreements.”
Expanding almanac assimilation — AB 1867 would accept adapted employers with 50 or added advisers to advance annal of complaints alleging animal aggravation for at atomic bristles years afterwards the last date of application of the complainant or declared harasser, whichever is later. In his veto message, the Governor sagely acclaimed this bill could advance to the assimilation of annal for decades and could crave complaints alleging animal aggravation to be maintained for the aforementioned bulk of time behindhand of the aftereffect of the analytic process. For those reasons, and because absolute law requires cadre records, including annal of complaints, be maintained “for acceptable periods of time,” the Governor begin the time amplification of this bill unwarranted.
Expanding authoritative allegation filing deadlines — AB 1870 would accept continued a complainant’s time to book an authoritative allegation with the DFEH from one year to three years afterwards the declared adventure for all types of FEHA-prohibited conduct, including animal harassment. In vetoing this bill, Governor Brown begin the accepted filing deadline, in abode back 1963, “not only encourages alert resolution while memories and affirmation are fresh, but additionally ensures that blackballed behavior is promptly appear and halted.”
Extending accountability for administration and for businesses application activity contractors — AB 3081 would accept adapted the FEHA and Labor Code to (1) add cachet as a animal aggravation victim to existing prohibitions on bigotry adjoin advisers who are victims of calm violence, animal assault, or stalking, (2) actualize a reable anticipation of actionable backfire if an employer, aural 30 canicule of apprehension of the victim’s status, discharges or threatens to discharge, demotes, suspends, or otherwise discriminates adjoin a victim employee, (3) accomplish a business accordingly accountable for aggravation of workers supplied by the business’s activity architect (existing law analogously extends accountability for the contractor’s abortion to pay accomplishment and obtain accurate workers’ advantage coverage), (4) prohibit businesses from alive to their activity contractors duties or liabilities beneath the Activity Code workers’ advantage insurance provisions. Governor Brown alone the bill on the base that best of its accoutrement are accidental as already absolute in accepted law, or, if new, are confusing.
Immigration abstracts — AB 2732 would accept subjected to penalties administration that abort or abstain passports or added immigration documents, and adapted all administration to accommodate a “Worker’s Bill of Rights” (to be developed by the DIR) to all employees. AB 2732 additionally would accept fabricated assorted changes to the Acreage Account Artisan Aegis Act, accidental aloft this bill’s and AB 2079’s passing. In a assignment to narrowly clothier bills, Governor Brown begin the “provision of this bill that prohibits administration from abnegation clearing documents from workers is actual appropriate,” but still addled bottomward this absolute bill due to its “burdensome and unwarranted” authorization that all employers, alike those accepting annihilation to do with activity trafficking, accommodate the “Worker’s Bill of Rights’ to every agent in California. “This goes too far.”
Lactation apartment — SB 937would accept adapted administration to (1) accommodate a lactation allowance with assigned appearance and admission to a bore and refrigerator (or addition cooling accessory acceptable for autumn milk) in aing adjacency to the employee’s workspace, (2) advance and administer to advisers a lactation accommodation policy, and (3) advance adaptation appeal annal for three years and acquiesce the agent and Activity Commissioner admission to the records. SB 937 would accept additionally accounted the abnegation of time or space for lactation a abortion to accommodate a blow aeon beneath Activity Code area 226.7, and adapted the DLSE to actualize a archetypal lactation action and a archetypal lactation adaptation appeal form. Having active AB 1976 to added “the state’s advancing accomplishment to abutment alive mothers and their families,” Governor Brown banned this bill as not necessary.
Property account artisan aegis act amendments — Governor Brown banned two bills (AB 2732, discussed above, and AB 2079) to alter the Acreage Account Artisan Aegis Act, which went into aftereffect July 1, 2018 (AB 1978), and imposes requirements to combat allowance annexation and animal aggravation for the janitorial industry.
In his veto message, the Governor apprenticed AB 2079’s authors and sponsors to acquiesce the Act — “the aboriginal of its affectionate in the country” — to be absolutely implemented afore proposing cogent changes.
AB 2079 would accept adapted (1) all employers applying for new or renewed allotment to authenticate completion of animal aggravation abandon blockage requirements and provide an accession to the Activity Commissioner, (2) the Department of Industrial Relations (DIR) to assemble an advising board to advance requirements for, and advance a account of, qualified organizations and peer-trainers for administration to use in providing training, and (3) employers, aloft request, to accommodate requesting advisers a archetype of all training materials. AB 2079 would accept also banned the Activity Commissioner from acknowledging a janitorial account employer’s appeal for allotment or for face-lifting if the employer had not absolutely annoyed a final acumen to a current or above agent for a abuse of the FEHA.
Janitorial workers application classification — AB 2496 would accept accustomed a reable anticipation that janitorial workers who accomplish casework for acreage account administration are employees, not independent contractors. Governor Brown banned the bill as premature, pending Legislature analysis of the California Supreme Cloister adaptation in in Dynamex Operations West, Inc. v. Superior Court, which afresh accustomed a new test to actuate whether a artisan is appropriately classified as an employee or absolute contractor.
Veterans and aggressive personnel. Governor Brown banned SB 1427, which would accept added veterans and aggressive cadre as a adequate chic beneath the FEHA, because the bill’s other, non-employment-related accoutrement went “too far.”
Construction industry aggravation and discrimination — SB 1223 would accept adapted the DIR to convene an advising board to acclaim minimum standards for a aggravation and bigotry blockage action and training affairs specific to the architecture industry, and to address to the Legislature specific accomplishing recommendations. Governor Brown banned this bill as bigger placed with the DFEH — amenable for administration the FEHA and its harassment and bigotry blockage and training requirements — not the Activity Commissioner.
This commodity was originally appear on the Seyfarth Shaw California Peculiarities Application Law Blog. It was edited for length.
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