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California assembly advised a cardinal of workplace-related bills this affair acclamation sexual-harassment prevention, lactation accommodations, pay disinterestedness and more. Gov. Jerry Brown had until the end of September to assurance or veto bills. Here’s what administration charge to apperceive about new laws that will booty aftereffect in 2019 and banned bills that may resurface.



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Anti-Harassment Requirements

Employers may charge to aggrandize their sexual-harassment-prevention training to accede with new standards. Brown active SB 1343, which requires businesses with bristles or added advisers to accommodate sexual-harassment-prevention training to all workers by Jan. 1, 2020, and every two years thereafter. Currently, alone businesses with 50 or added advisers charge accommodate sexual-harassment-prevention training to authoritative employees.



“While such training has consistently been a acceptable practice, anon the training will become mandatory,” said Christopher Olmsted, an advocate with Ogletree Deakins in San Diego.

“This agency that abounding administration that ahead had no aggravation training claim will accept one, and alike those above administration that had one will now accept to accommodate training to a abundant above accumulation of employees,” explained Michael Kalt, an advocate with Wilson Turner Kosmo in San Diego and the government diplomacy administrator for the California Accompaniment Council for the Society for Human Resource Management (SHRM). “While this law is acutely well-intentioned to ensure that about every California agent is acquainted of aggravation protections, there is no accepting about the actuality that administration and HR professionals will charge to check their absolute aggravation programs or potentially advance a new one,” he said.



Creating and carrying such training can be a big assignment for employers, said Benjamin Ebbink, an advocate with Fisher Phillips in Sacramento. Administration will charge to adjudge if they appetite to accommodate large-scale, small-group or added training formats, he added, acquainted that administration charge to alpha putting calm a plan now.

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The new law directs the California Department of Fair Application and Housing to adapt training abstracts that accede with the new requirements, which administration may appetite to borrow from, Olmsted said.

Brown additionally active SB 820, which will prohibit ample acquaintance accoutrement in sexual-harassment adjustment agreements. At a minimum, this agency administration and their attorneys will charge to analysis their accepted adjustment agreements to abolish any overbroad restrictions, Kalt said. The law will administer to agreements that are entered into on or afterwards Jan. 1, 2019.

Attorneys acclaimed that administration may not be as motivated to achieve claims after a nondisclosure agreement. “In my experience, acquaintance accoutrement are adjourned by both parties to the settlement, and the defendant’s adeptness to accumulate the bulk arcane factors into the adjustment bulk that the plaintiff or appellant ultimately receives,” said Nisha Verma, an advocate with Dorsey & Whitney in Costa Mesa, Calif. “This law removes that aspect of the agreement entirely.”

Employers should agenda that SB 820 covers added than aloof sexual-harassment-related nondisclosure agreements. The new law applies to any abode bigotry claims based on sex.

[SHRM members-only online altercation platform: SHRM Connect]

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Brown accustomed added sexual-harassment blockage measures, so administration may charge to alter their anti-harassment behavior and practices in ablaze of new requirements. Ebbink noted, however, that he was afraid at the cardinal of bills Brown banned that were accompanying to the #MeToo movement adjoin animal harassment. One bill would accept continued the statute of limitations for claims brought beneath the accompaniment Fair Application and Housing Act, and addition would accept appropriate above administration to absorb sexual-harassment complaints for bristles years. Kalt said he expects both of these bills to resurface in 2019.

Lactation Accommodations

Brown additionally accustomed AB 1976. Among added things, this bill will accomplish California’s lactation-accommodation law constant with federal law on the claim that a lactation amplitude can’t be a bathroom. Brown banned a added all-embracing lactation-accommodation bill that had a cardinal of actual specific requirements above artlessly accouterment time off and a area to accurate milk. For example, the bill would accept appropriate administration to accommodate an agent with admission to a bore and refrigerator abreast her workspace.

“I accept active AB 1976, which furthers the state’s advancing efforts to abutment alive mothers and their families. Therefore, this bill is not necessary,” he said in a letter abnegation the added all-embracing bill.

Women on Boards

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Brown active SB 826, which will crave about traded California companies to accredit a assertive cardinal of women to their boards of directors. Covered corporations charge accept at atomic one changeable on their lath by the end of 2019. Boards with bristles admiral will charge two—and boards with six admiral will charge three—female associates by the end of 2021.

Olmsted said he expects to see added gender-equality and pay-equity bills in the future. “One affair that afraid me this year is that SB 1284, which would accept appropriate ample administration to address pay-equity abstracts … did not canyon in the Legislature,” he said. “In contempo years, the Legislature has anesthetized several bills apropos to pay equity, and I accepted this advertisement claim to be allotment of the advancing trend.”

Vetoed Adjudication Bill

Attorneys said they were not afraid that Brown banned AB 3080, which would accept banned application adjudication agreements. The bill was alien in acknowledgment to the #MeToo movement but would accept activated to a advanced arrangement of application claims above those involving animal harassment, including all forms of bigotry and all allowance and hour issues, Ebbink said.

“In my veto bulletin of a agnate bill in 2015, I referred to contempo cloister decisions that invalidated accompaniment behavior which disproportionately impeded arbitration,” Brown said in a letter to the California Accompaniment Assembly. “The administration from the Supreme Cloister back my beforehand veto has been clear—states charge chase the Federal Adjudication Act and the Supreme Court’s estimation of the act.”

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SHRM had apprenticed Brown to veto the bill. SHRM supports behavior that advance an accessible, alert and fair resolution to abode aggravation claims and that additionally assure acquaintance and due process. SHRM believes adjudication can be beneath expensive, beneath academic and faster than litigation.

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