Overview for ‘19: California’s New Employment Laws

For 2019, California employers should be aware of these new and updated laws.

New Laws

• SB 1300 The Sexual Harassment Omnibus Bill
  As of January 1, 2019, employers cannot require employees to: release a FEHA claim “in exchange for a raise or bonus, or as a condition of employment or continued employment;” sign documentation prohibiting disclosure of information about unlawful acts in the workplace.

• SB 1343  Expanded Sexual Harassment Training
  By January 1, 2020, employers with 5 or more employees must: provide 2 hours of sexual harassment training to all supervisors within six months of assuming position and once every two years thereafter; provide 1 hour to all nonsupervisory employees.

• SB 826 Boards of Directors Gender Composition
  Public companies with principal executive offices in California must have: at least one woman on the board by the end of 2019; at least two women by the end of 2021 if board has five directors or fewer; and at least three women by the end of 2021 if board has six directors or more. Companies will face fines of $100,000 for a first violation.

• SB 820 Sexual Assault or Harassment, Disclosure of Perpetrators
  By January 1, 2019, employers must remove any provisions in a settlement agreement brought in a civil or administrative forum that prevent the disclosure of factual information regarding claims of sexual assault, sexual harassment, and harassment, discrimination, or retaliation based on sex.

• AB 1619 Sexual Assault Statute of Limitations
  Increases the statute of limitations for filing a civil action for damages for sexual assault to 10 years after the alleged assault or 3 years after the plaintiff discovered injury as a result of the assault, whichever comes first.

• AB 1976 Lactation Accommodation
  By January 1, 2019, employers must make reasonable efforts to provide a room or location that is not a “bathroom” for lactation; or provide temporary lactation location if certain conditions are met based on a narrow undue hardship exemption.

• AB 3109 Right to Testify
  Voids any settlement provision preventing a person from testifying about criminal conduct or sexual harassment in a judicial, administrative, or legislative proceeding.

• AB 2770 Defamation and Investigations
  Protects employers against claims of defamation by an alleged harasser when conducting internal investigations of harassment complaints.

Clarifications

• AB 2282 Clean-up Language on Salary History Law Ambiguities
  Clarifies salary history law that went into effect in January 2018 that: salary prohibition only applies to new employees; employers can inquire into an applicant’s “salary expectations”; defines “pay scale” as a salary or hourly wage range; and “reasonable request” for salary information occurs only after an applicant has completed an initial interview.

• SB 1252 Copy of Payroll Records
  Clarifies existing law to state that if an employee requests a copy of their records, the employer must provide the copies (as opposed to requiring employees to copy the records themselves).