Publication Details

The California Legislative Report - July 2018

Jul 12, 2018 | Related Attorney Michael S. Kalt | Topic: Employment

Although the California Legislature is on recess, there are several new legislative developments, including:

  • A new law providing defamation protections for sexual harassment complaints, investigations and during reference checks (AB2770); and
  • Various municipal-level minimum wage increases effective July 1, 2018.

A number of significant employment-related bills have also moved forward, including bills that would:

  • Expand the scope of currently mandated harassment training to smaller employers, and for non-supervisory employees (SB 1300, SB 1343, and AB 3081);
  • Impose new limits on settlement agreements regarding sexual harassment claims, including prohibiting confidentiality provisions (SB 820 and SB 1300);
  • Amend the Fair Employment and Housing Act (FEHA) to impose individual liability upon harassers who also engage in post-complaint retaliation (SB 1038);
  • Prohibit mandatory pre-employment arbitration provisions regarding the FEHA and/or Labor Code violations (SB 1300 and AB 3080);
  • Extend the statute of limitations for pursuing sexual harassment claims from one year to three years (AB 1870);
  • Require employers to retain records of sexual harassment complaints for ten years (AB 1867);
  • Update and potentially materially expand workplace lactation accommodation requirements (AB 1976 and SB 937); and
  • Require larger employers to submit annual “pay data reports” to state agencies (SB 1284).

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