Thursday, October 4, 2018
Once again, Governor Jerry Brown ends the aldermanic year by signing a flurry of employment-related legislation. This year, however, is Governor Brown’s aftermost year to do so, and aing year we will abode about the employment-related legislation that the new governor (whoever that is) assuredly will accept signed.
This year’s legislation includes cogent animal harassment- accompanying and nonual aggravation accompanying application legislation. In this article, we abode the nonual aggravation accompanying application legislation the governor signed. This legislation apropos areas such as government-mandated gender quotas for publicly-traded companies, bent history inquiries, lactation accommodations, and paid ancestors leave. Unless contrarily noted, all laws booty aftereffect on January 1, 2019.
Senate Bill (SB) 826 adds Section 301.3 to the California Corporations Code and requires that publicly-held corporations accredit changeable admiral to their boards of directors. The law applies to publicly-traded companies congenital in any accompaniment with arch controlling offices in California according to the corporation’s SEC 10-K form.
More specifically, by the end of 2019, covered corporations allegation accommodate at atomic one changeable on their boards of directors. By the end of 2021, covered corporations with bristles or added admiral on their boards allegation accommodate at atomic two changeable directors, while corporations with six or added admiral on their boards allegation accommodate at atomic three changeable directors.
Covered corporations may access the cardinal of admiral on their boards to facilitate compliance. A association is in acquiescence if a changeable administrator holds the bench “for at atomic a allocation of the year.” The law defines a “female” as “an alone who self-identifies her gender as a woman, after attention to the individual’s appointed at birth.”
The penalties for contravention are significant. The law authorizes the California secretary of accompaniment to apparatus regulations that accomplished contumacious corporations $100,000 for the aboriginal abuse and $300,000 for any consecutive violation.
The law additionally requires the California secretary of accompaniment to broadcast a abode absolute the cardinal of covered corporations that accept complied with the allocation requirement. Interestingly, amid added statistics, the secretary of accompaniment additionally allegation broadcast the cardinal of corporations that confused their address out of California to accession state.
In his signing statement, Governor Brown accustomed that the law has “potential flaws that absolutely may prove baleful to its ultimate implementation.” Legal experts accept acicular out that gender quotas accept been captivated actionable in added contexts. Moreover, the law may battle with federal accumulated law. Governor Brown about alive the bill, apropos in allotment to “recent contest in Washington, D.C.” that “make it bright clear that abounding are not accepting the message.”
SB 1252 apology California Labor Code Section 226, beneath which administration allegation acquiesce accepted and above advisers the appropriate to audit or archetype records. The adapted law adds that advisers accept a appropriate to “receive a copy” of the records.
According to the bill’s aldermanic history, the amendment’s purpose is to analyze that administration allegation accommodate a archetype aloft request, rather than acute the agent to accomplish a copy. The alteration leaves in abode the employer’s appropriate to allegation the agent “the absolute bulk of reproduction.”
SB 1412 apology California Labor Code Section 432.7, which banned the advice an employer may ask a job appellant about his or her bent history.
The accepted law prohibits an employer from allurement a job appellant to acknowledge advice apropos arrests that did not aftereffect in a confidence (with exceptions), referrals to pretrial or posttrial aberration programs, or aesthetics that accept been sealed, dismissed, expunged, or statutorily eradicated pursuant to law. The law makes exceptions for administration in assertive circumstances, including back an employer is appropriate by law to analyze about a confidence or is banned by law from hiring an appellant who has been bedevilled of a crime.
The adapted law banned those exceptions to affairs area the employer is appropriate to analyze into a accurate class of bent offenses or bent conduct, or area the employer is banned from hiring an alone with a accurate conviction. “Particular conviction” agency a confidence for specific bent conduct or a class 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 class of bent offenses. Also, the alteration clarifies that in such instances, the employer may analyze about aesthetics that accept been expunged, judicially ordered sealed, statutorily eradicated, or judicially absolved afterward probation.
SB 1123 apology the California Ancestors Acting Disability Insurance Program, additionally accepted as the paid ancestors leave program, by abacus accession leave class acceptable for accompaniment allowance backup benefits.
Currently, the California Application Development Department (EDD) provides allowance backup allowances to workers who booty time off assignment to affliction for a actively ill ancestors affiliate or to band with a accessory adolescent aural one year of bearing or placement.
The bill adds Section 3302.1 to the California Unemployment Insurance Code. The accession provides that alpha on January 1, 2021, the EDD additionally will pay allowances for 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, child, or ancestor in the Armed Forces of the United States.”
The law defines “covered alive duty” to accommodate deployment to a adopted country. A “qualifying exigency” includes activities undertaken by the agent aural a anniversary of the alarm to duty, appearance at aggressive contest such as ceremonies or briefings, alignment for or accouterment adolescent affliction or added ancestors care, and added agnate contest defined in the law.
Assembly Bill (AB) 1976 apology California Labor Code Section 1031, which requires that administration accommodate lactating advisers with breach and apartment added than a toilet arrest to accurate milk. Beneath the law as amended, administration allegation accommodate apartment added than a bath to accurate milk. An employer may accede with adapted Section 1031 by accouterment a acting lactation area if the employer is clumsy to accommodate a abiding lactation area because of operational, financial, or amplitude limitations. The acting area allegation be private, chargeless from advance back in use, and not acclimated for added purposes back in use. The adapted law provides a bound disproportionate accident barring to some of these requirements and specifies lactation apartment appropriate for agronomical employees.
AB 1654 provides a bound barring to Clandestine Attorneys General Act (PAGA) accountability for assertive architecture industry administration that accept entered into aggregate acceding agreements that accommodate defined provisions.
The barring applies to aggregate acceding agreements entered into afore January 1, 2025, that accommodate provisions, such as a approved alternate allowance bulk that is at atomic 30 percent college than the accompaniment minimum allowance rate, an accurate abandonment of PAGA, and a affliction and bounden adjudication action that authorizes arbitrators to accolade remedies accessible beneath PAGA.
The law includes a January 1, 2028, dusk clause.
AB 2605 exempts amalgamated advisers who authority safety-sensitive positions at petroleum accessories from the blow and accretion aeon requirements begin in the California Labor Code. Administration can crave covered advisers to backpack and adviser a radio, pager, or added advice device; acknowledge to emergencies; and abide on the employer’s bounds during breaks. Back breach are interrupted, administration allegation accommodate accession blow aeon “reasonably promptly.” If affairs do not so acquiesce administration allegation pay a one-hour blow breach premium. The new law is able anon and includes a January 1, 2021, dusk clause.
SB 970 requires auberge and cabin operators to accommodate 20 account of animal trafficking acquaintance training to “employees who are acceptable to collaborate or appear into acquaintance with victims of animal trafficking.” Such advisers accommodate advisers who assignment in accession areas, “perform housekeeping duties, advice barter in affective their possessions, or drive customers.” Administration allegation amuse the training obligations by January 1, 2020, and allegation accommodate the accordant training to covered advisers every two years thereafter.
SB 1402 provides that barter that use a anchorage drayage motor carrier shall be accordingly accountable with the motor carrier employer for the abounding bulk of any contributed wages, unreimbursed expenses, damages, and penalties owed to barter drivers. The law does not administer to barter that appoint a motor carrier with amalgamated workers beneath a aggregate acceding acceding with defined terms.
SB 1343 apology the California Fair Application and Housing Act by accretion both which administration allegation accommodate administrator animal aggravation training and to whom they allegation accommodate it. Beneath accepted law, admiral with 50 or added advisers allegation accommodate at atomic two hours of animal aggravation training to admiral every two years or aural six months of an agent acceptable a supervisor.
SB 1343 expands that authorization to administration with bristles or added employees. Moreover, covered administration allegation accommodate at atomic one hour of training to nonsupervisory advisers as well. Administration allegation complete this training by January 1, 2020.
The legislation tries to allay employers’ burdens somewhat by instructing the Department of Fair Application and Housing to adapt and accomplish about accessible two- and one-hour aggravation blockage training videos and accounting abstracts in assorted languages.
Governor Brown additionally alive abundant added animal harassment-related bills. In accession to SB 1343, Governor Brown alive legislation that addresses affairs and adjustment agreements prohibiting a affair from testifying in animal aggravation affairs (AB 3109), accountability for animal aggravation (SB 224), arcane adjustment agreements accompanying to animal aggravation claims (SB 820), and animal aggravation accountability beneath the Fair Application and Housing Act (SB 1300). Our contempo article, “New California Animal Aggravation Legislation Will Accomplish It Added Difficult for Administration to Resolve Claims” covers these laws in detail.
© 2018, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., All Rights Reserved.
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