Publication Details

The California Legislative Report - May 2018

May 2, 2018 | Related Attorney Michael S. Kalt | Topic: Employment

The deadline for bills to pass key initial committee votes has expired, bringing the 2018 California Legislative Session into slightly 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 additional 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 FEHA and 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);
  • Impose new record keeping requirements for sexual harassment complaints (AB 1867);
  • Extend immunities from defamation claims for sexual harassment allegations (AB 2770);
  • Require employers to provide time off work for victims of sexual harassment and family members (AB 2366).
  • Amend the FEHA to require reasonable accommodation of medicinal marijuana users (AB 2069);
  • Enable employers to assist employees with student loan repayments (AB 2478);
  • Update and potentially materially expand workplace lactation accommodation requirements (AB 1976 and SB 937);
  • Increase California’s paid sick leave requirements from three to five days (AB 2841); and
  • Require larger employers to submit annual “pay data reports” to state agencies (SB 1284).

To view attachment, click here.