Publication Details

The California Legislative Report - June 2018

Jun 5, 2018 | Related Attorney Michael S. Kalt | Topic: Employment

The deadline for bills to pass the initial chamber votes has expired, bringing the 2018 California Legislative Session to the halfway point and the overall session into clearer focus.  Not unexpectedly given the enduring impact of the #MeToo Movement and the current composition of the California Legislature, a number of significant employment-related bills have moved forward.  These include 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 employees who 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);
  • Extend immunities from defamation claims for sexual harassment allegations (AB 2770);
  • Update and potentially materially expand workplace lactation accommodation requirements (AB 1976 and SB 937);
  • Clarify various provisions of the new law prohibiting inquiries about prior salary history (AB 2282); and
  • Require larger employers to submit annual “pay data reports” to state agencies (SB 1284).

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