Businesses in California have new laws to contend with.
These laws range from sexual harassment to family
Sexual Harassment Training:
with at least five employees will have to provide at least
two hours of sexual-harassment prevention training to
supervisors and at least one hour of training to all
supervisory employees and at least one hour of sexual
harassment training to all nonsupervisory employees by
January 1, 2020, and once every two years thereafter. [CA
Sexual Harassment FAQ:
Sexual Harassment: Employer
agreements made on or after January 1 that limit an
employee’s right to testify in cases involving criminal
conduct or sexual harassment in the workplace will be
unenforceable. SB 3109
Effective January 1,
workplace restrooms can no longer be offered as a place for
nursing employees to express milk. The amendment also
clarifies which conditions need to be met for a space to
qualify as a lactation room.
Criminal Records: Existing
state law forbids California employers from asking job
applicants about expunged or sealed criminal records. This
amendment clarifies that employers may ask for these records
when the job is one where a conviction would automatically
disqualify a candidate under federal and state law.
Paid Family Military Leave:
Must provide time off for a servicemember to
participate in a qualifying exigency related to a covered
Discrimination against Service Members:
from discharging or halting benefits of an employee for
being a member of the military reserve or because of ordered
military duty or training.
Sexual Harassment: Allows
a former employer to state it would not rehire a former
employee based on the employer's determination that the
former employee engaged in sexual harassment.
Discrimination and Harassment: Curtails an employer's
ability to utilize non-disparagement clauses and certain
waivers for claims asserted under the state Fair Employment
and Housing Act.
Salary History: Amends
the statewide salary history ban, adding guidance about the
questions an employer may ask during an interview and when
employers must disclose pay scales for positions.
Wage Receipt Record: Allows
current and former employees to request a copy of their wage
record that they can keep. [SB.1252].
Commercial Driver: For
certain commercial drivers, requires a meal period after six
hours of work, instead of five hours, if the driver is paid
at 1.5 times the minimum wage and receives overtime
Board of Director Membership:
publicly held corporations must have a set number of women
on their board of directors, based on the number of
individuals on the board.
Worker Protection [Oakland]:
municipal code to raise minimum wage for covered hotel
employees, require employers to provide panic buttons, and
limit mandatory overtime, among other items. Minimum wage
increase takes effect in 2019, with potential regulations
and enforcement mechanisms likely by 2020.
[Oakland Measure Z].
Consumer Privacy: Allows
a consumer to request a business disclose the personal
information it collects, the categories of sources that
collect the information, the business purposes for
collecting or selling the information, and the categories of
third parties with which the information is shared.
SB.1121 Amends the new California Consumer Privacy
Act (AB 375, above) to allow consumers to recover damages
from a business if the business does not use reasonable
security procedures to protect confidential information, and
a breach occurs.
Human Trafficking: Requires
hotels and motels subject to the Fair Employment and Housing
Act (FEHA) to provide at least 20 minutes of training
regarding human trafficking awareness to each employee
likely to interact or come into contact with victims of