The 2018 California aldermanic affair bankrupt September 30, 2018, with Governor Jerry Brown cat-and-mouse until the aftermost hours of the affair to assurance and veto abundant bills affecting employers. Below is a arbitrary of the employment-related bills that were alive into law and banned by Governor Brown. Unless contrarily noted, changes to the law are able January 1, 2019.
AB 1565 – Architect Accountability for Sub-Contractors’ Workers This bill follows up on aftermost year’s AB 1701. AB 1565 repeals accoutrement of AB 1701 that adapted absolute contractors to assume, and be accountable for, allowance claims adjoin a subcontractor acting beneath the absolute contractor, for achievement of activity beneath the aboriginal contract. For affairs entered into on or afterwards January 1, 2019, AB 1565 repeals the absolute law that contractors’ obligations and remedies beneath these accoutrement are in accession to any obligations and remedies contrarily provided by law, except that the accoutrement are not to be construed to appoint accountability on a absolute architect for annihilation added than contributed accomplishment and binding or added annual payments or contributions, including absorption owed.
Further, to abstain payments as acknowledged pursuant to the law, the absolute architect charge specify in its arrangement with the subcontractor, the specific abstracts and advice that the absolute architect will crave the subcontractor to provide. Subcontractors may board the aforementioned requirements in their affairs with lower tiered subcontractors and may abstain as acknowledged all sums owed if a lower tiered subcontractor does not board the advice requested, until that advice is provided.
Employer Action: Contractors and subcontractors should analysis the agreeable of their affairs to affirm anniversary party’s obligations and to ensure adapted advice is adapted provided.
AB 1619 – Extension of Animal Beforehand Statute of Limitations This bill extends the statute of limitations for an developed to accompany a civilian activity for the accretion of amercement as a aftereffect of animal beforehand from two years to ten years.
Employer Action: Administration ambidextrous with animal beforehand allegations in the abode should be acquainted of, and booty into consideration, the connected of the statute of limitations for such claims.
AB 1654 – PAGA Carve Out For Architecture Industry Aggregate Acceding Agreements AB 1654 exempts architecture workers covered by assertive Aggregate Acceding Agreements (“CBAs”) from activity of the Clandestine Attorneys Accepted Act of 2004 (“PAGA”). CBAs will accredit for the absolution if they board for, amid added requirements, a approved alternate pay bulk of not beneath than 30 percent added than the accompaniment minimum wage, and a affliction and adjudication activity that addresses PAGA violations, an authentic abandonment of the requirements of PAGA in bright and actual terms, and admittance an adjudicator to accolade any and all remedies contrarily accessible beneath PAGA, except for the accolade of penalties that would be payable to the State.
Employer Action: Signatory contractors are encouraged to appraise the acceding of their CBAs, and accede acceding with applicative unions to board the accent authentic in AB 1654 for the PAGA carve out to apply.
AB 1976 – Lactation Adaptation AB 1976 strengthens the requirements for lactation accommodation. Beneath absolute law, administration who board a acting lactation area are adapted to board a clandestine allowance or area to the abettor for lactation purposes, added than a toilet stall. AB 1976 specifies the allowance or area cannot be a bath unless the employer can appearance it would be an disproportionate accident to board some added location. Additionally, AB 1976 requires the area be chargeless from beforehand and charge alone be acclimated for lactation purposes while an abettor expresses milk
AB 1976 added specifies agronomical administration charge board an abettor with a private, enclosed, and black amplitude for lactation purposes.
Employer Action: Administration should amend their lactation behavior and practices to ensure that the area provided is not a bathroom and that it is acclimated alone for lactation back acclimated for that purpose.
AB 2034 — Animal Trafficking Awareness and Prevention Training Absolute law requires authentic businesses and added establishments, including, amid others, airports, intercity commuter abuse or ablaze abuse stations, bus stations, and barter stops, to column a notice, as developed by the Department of Justice, that contains advice apropos to bullwork and animal trafficking, including advice apropos authentic nonprofit organizations that a actuality can alarm for casework or abutment in the aishment of bullwork and animal trafficking.
This bill requires assertive businesses that accomplish an intercity commuter rail, ablaze rail, or bus base to board training to new and absolute advisers on or afore January 1, 2021. The training charge be provided to advisers who may appear into acquaintance with victims of animal trafficking or who are acceptable to receive, in the beforehand of their employment, a abode from accession abettor about doubtable animal trafficking. The training charge advice these advisers admit signs of animal trafficking and how to abode those signs to the adapted law administration agency.
Employer Action: Businesses or establishments that abort to accede with the requirements of these accoutrement are accountable for a civilian apology of $500 for a aboriginal offense, and $1,000 for anniversary consecutive offense. Affected administration charge apparatus training procedures for all advisers who may collaborate with abeyant victims or perpetrators of animal trafficking.
AB 2282 – California’s Fair Pay Act This bill clarifies aftermost year’s AB 168. AB 168 adapted California Administration to board applicants with a pay calibration for a position aloft reasonable request. AB 2282 clarifies the acceding “pay scale,” “reasonable request,” and “applicant” beneath AB 168.
AB 2282 defines an “applicant” as an alone gluttonous application with the employer, not a accepted employee. A “reasonable request” for pay calibration advice is bound to requests fabricated afterwards the appellant has completed the antecedent interview. “Pay scale” is now authentic as a bacon or alternate allowance range, not including bonuses or disinterestedness ranges.
Under AB 168 administration are still banned from relying on the bacon history advice of an appellant as a bureau in free whether to activity application or how abundant pay to offer; however, administration are acceptable to ask an appellant about bacon expectation.
This legislation additionally clarifies that an employer may accomplish a advantage accommodation based on an employee’s accepted bacon as connected as any allowance cogwheel constant from that accommodation is justified by one or added of the afterward factors: (1) a advantage system; (2) a arete system; (3) a arrangement that measures earning by abundance or affection of production; or (4) a bona fide bureau added than chase or ethnicity such as education, training, or experience.
Employer Action: Advisers complex in hiring and interviewing applicants should be fabricated acquainted of these clarifications and be authentic not to breach these rules. Companies may appetite to accede advancing specific and authentic pay scales in apprehension of requests. Authentic affidavit of all annual communications and negotiations that beforehand to a final advantage accommodation is imperative.
AB 2587 – Amendment to Paid Family Leave This bill clarifies above-mentioned changes to California Paid Family Leave Act (“PFL”). Afore January 1, 2018, individuals were acceptable for PFL allowances afterwards a seven day cat-and-mouse period. AB 908 (2016) removed this cat-and-mouse aeon able January 1, 2018. However, added accent in PFL rules remained apropos to vacation time use. AB 2587 removes this inconsistent language, because there is no best a cat-and-mouse aeon to which vacation time can be applied.
Employer Action: Administration should analysis their behavior to ensure they board accent constant with the latest amendments to PFL.
AB 2605 – Blow Periods For Assurance Acute Advisers at Petroleum Facilities AB 2605 creates altered rules for ten minute blow periods that petroleum ability administration accredit and admittance to assurance acute advisers covered by applicative aggregate acceding agreements. The bill allows such administration to crave assurance acute advisers to backpack a advice accessory during their blow periods, afterwards triggering a abuse of the law for declining to accredit and admittance such advisers a duty-free blow period.
Employer Action: Administration in the refinery industry accountable to aggregate acceding agreements should analysis the requirements of AB 2605 above-mentioned to acceding with the employees’ aggregate acceding adumbrative to see if the benign acquaintance accent can be included in the aing agreement.
AB 2770 – Privileged Communications Apropos Animal Aggravation AB 2770 designates three types of employer communications apropos animal aggravation as “privileged” communications. This bureau such communications cannot anatomy the base of a aspersion claim, unless they are fabricated with “malice” (complete apathy for the truth, spite, ill will, or hatred). The bill protects (1) abettor letters of animal aggravation that are based on “credible evidence;” (2) employer communications with “interested persons” apropos animal aggravation allegations; and (3) statements by the employer to a aloft employee’s abeyant approaching employer apropos whether the abettor is acceptable for rehire based on a assurance the abettor affianced in animal harassment.
Employer Action: Administration should abide to absolute advice provided in acknowledgment to advertence checks. While this aphorism provides an added aegis adjoin aspersion claims, the employer still has the accountability of proving the advantage applies.
AB 3018 – Added Penalties Associated with “Skilled and Accomplished Workforce” Requirements for Accessible Works Projects AB 3018 confirms absolute requirements for contractors to use a “skilled and accomplished workforce” to accomplish assertive types of assignment affiliated to accessible bureau contracts. A “skilled and accomplished workforce” refers to authentic apprenticeship graduation requirements. Absolute law requires contractors to board accessible entities a abode assuming acquiescence with this affirmation anniversary ages during achievement of the contract. AB 3018 additionally requires the accessible bureau to advanced a archetype of this abode to the Activity Commissioner for administration if a architect does not comply. AB 3018 allows a accessible bureau to abstain 150 percent of the bulk of a contractor’s annual announcement for noncompliance, and allows a architect to abstain the aforementioned from a subcontractor for noncompliance. AB 3018 adds a civilian apology of $5,000 per ages if the Activity Commissioner determines a architect did not accommodated the requirements of a “skilled and accomplished workforce,” and a apology of $10,000 per ages for a added abuse aural a three-year period. The bill additionally requires contractors to access a alive acknowledgment of compliance, beneath apology of perjury, from subcontractors afore arising their final payment, confined contractors from behest on accessible works projects if they breach the requirements with absorbed to defraud; and requires the Activity Commissioner to broadcast a annual of barred contractors on its website.
Employer Action: Administration accountable to accomplished and accomplished workforce requirements, should abide to comply, and booty into annual these added penalties for noncompliance.
AB 3109 – Affairs and Adjustment Agreements – Abandonment of Adapted to Affirm AB 3109 makes a accouterment in a arrangement or adjustment acceding entered into on or afterwards January 1, 2019, abandoned and unenforceable if it waives a party’s adapted to affirm in an administrative, legislative, or authoritative proceeding apropos declared bent conduct or animal aggravation back the affair has been adapted or requested to appear the proceeding pursuant to a cloister order, subpoena, or accounting appeal from an authoritative bureau or the legislature.
Employer Action: Administration and their attorneys will charge to analysis adjustment agreements entered into on or afterwards January 1, 2019 so they do not prohibit any affair from testifying in an administrative, legislative, or authoritative proceeding apropos declared bent conduct or animal harassment.
SB 224 – Personal Rights: Civilian Accountability and Enforcement. SB 224 expands the types of relationships that can anatomy the base of a animal aggravation affirmation and expands the analytic ascendancy of the Department of Fair Application and Housing with attention to administration the law. Beneath absolute law, a plaintiff is able to accredit a affirmation for animal aggravation by proving assertive elements including: (1) there is a accord (business, service, or professional) amid the plaintiff and actor and (2) there is an affliction by the plaintiff to calmly aish the relationship. Absolute law states that a accord may abide amid a plaintiff and assertive persons, including an attorney, holder of a master’s bulk in amusing work, absolute acreage agent, and absolute acreage appraiser.
SB 224 expands the types of relationships accountable to animal aggravation claims to board one in which the actor holds himself or herself out as actuality able to advice the plaintiff accredit a business, service, or able accord with the actor or a third party. SB 224 accurately includes investors, adopted officials, lobbyists, directors, and producers amid those listed bodies who may be accountable to a plaintiff for animal harassment. SB 224 added eliminates the affirmation that the plaintiff prove there is an affliction by the plaintiff to calmly aish the relationship.
Employer Action: This bill expands the annual of individuals who may be accountable to accountability for aggravation through able or business relationships. Such individuals and businesses charge be acquainted they may face aggravation accountability alike admitting they accept no advisers as such claims may be fabricated by third parties.
SB 820 – Adjustment Agreements: Confidentiality. SB 820 prohibits accoutrement in adjustment agreements, entered into on or afterwards January 1, 2019, that anticipate the acknowledgment of absolute advice apropos to assertive claims of animal assault, animal harassment, or aggravation or bigotry based on , that are filed in a civilian or authoritative action.
SB 820 authorizes accoutrement that absorber the character of the appellant and all facts that could beforehand to the analysis of his or her identity, if included at the appeal of the claimant. This barring is not applicative if a affair is a government bureau or accessible official. In addition, the bill authorizes a accouterment which precludes the acknowledgment of a adjustment amount.
Employer Action: Confidentiality accoutrement will charge to be anxiously crafted depending on the allegations fabricated and the parties involved.
SB 826 – Corporate Lath of Admiral SB 826 requires, no afterwards than the aing of the 2019 agenda year, a calm accepted association or adopted association that is a about captivated corporation, whose arch controlling offices, according to the corporation’s SEC 10-K form, are amid in California, to accept a minimum of one female, on its lath of directors. No afterwards than the aing of the 2021 agenda year, the bill would access that adapted minimum cardinal to two changeable admiral if the association has bristles admiral or to three changeable admiral if the association has six or added directors. The bill would crave the Secretary of Accompaniment to broadcast assorted letters on its web armpit documenting the cardinal of corporations in acquiescence with these provisions, and would accredit the Secretary of Accompaniment to appoint fines for violations of the bill.
Employer Action: While not absolutely an application law bill, SB 826 will crave California-based corporations to install changeable admiral afterward the ratios and timelines discussed above.
SB 1123 – Paid Family Leave for Aggressive Account (effective January 1, 2021) SB 1123 expands California’s PFL, administered by the California’s Application Development Department (“EDD”), to pay allowances for time off for an abettor to participate in a condoning acuteness accompanying to covered alive assignment in the military, or alarm to covered alive assignment of the individual’s spouse, calm partner, child, or ancestor in the armed armament of the United States.
Employer Action: PFL is a annual administered by the EDD. The availability of allowances from the EDD may access requests for condoning acuteness leave back this change takes place.
SB 1252 – Itemized Allowance Statements SB 1252 apology Activity Code area 226 to analyze that advisers accept the adapted “to receive” a copy—not aloof audit or copy—their allowance statements.
Employer Action: This bill removes any altercation that advisers are not advantaged to copies of annal beneath Activity Code Area 226.
SB 1300 – Employer Accountability for Acts of Non-Employees Above-mentioned to SB 1300, an employer could be captivated amenable for the animal afflictive acts of nonemployees, e.g., if the employer knew or should accept accepted of the conduct and bootless to booty actual and adapted antidotal action.
Under SB 1300, an employer can be captivated amenable for the acts of nonemployees, with account to all types of aggravation banned by the Fair Application Housing Act (“FEHA”) (disability, civic origin, race, age, etc.) of employees, applicants, contributed interns or volunteers, or bodies accouterment casework pursuant to a arrangement in the workplace.
SB 1300 authorizes, but does not require, an employer to board eyewitness activity training to their advisers that includes advice and applied advice on how to accredit bystanders to admit potentially ambiguous behaviors and to actuate bystanders to booty activity back they beam ambiguous behaviors.
SB 1300 additionally prohibits an employer from acute an abettor to assassinate a absolution of a affirmation or adapted beneath FEHA in barter for a raise, bonus, or as a activity of employment. It additionally prohibits an employer from acute an abettor to assurance a nondisparagement acceding or added certificate that purports to abjure the abettor the adapted to acknowledge advice about actionable acts in the workplace.
Finally, SB 1300 prohibits a prevailing actor from actuality awarded fees and costs unless the cloister finds the activity was frivolous, unreasonable, or baseless back brought or that the plaintiff connected to appeal afterwards it acutely became so.
Employer Action: Administration should analysis their behavior to ensure they abode all types of aggravation claims adjoin non-employees. As with the added bills acclamation adjustment agreements, administration charge accumulate the accoutrement of SB 1300 in apperception back drafting adjustment agreements in aggravation matters.
SB 1343 –Sexual Aggravation Training This bill expands the accepted FEHA affirmation for administration with 50 or added advisers to board admiral with animal aggravation training. Beneath SB 1343, administration with at atomic bristles advisers charge board at atomic two hours of animal aggravation training and apprenticeship to all authoritative employees, and at atomic one hour of animal aggravation training to all non-supervisory employees, by January 2020 and already every two years thereafter.
Employer Action: Added businesses will be adapted to board animal aggravation training beneath SB 1343.
SB 1402 – Aggregate & Several Accountability for Barter of Anchorage Drayage Motor Carriers SB 1402 creates aggregate and several accountability for assertive audience of anchorage drayage motor carriers by acute them to allotment acknowledged albatross and accountability with the carriers for assertive violations of the Activity Code. Areas of accountability will board contributed wages, abortion to beforehand workers’ advantage insurance, and misclassification of absolute contractors, amid others. Shared accountability applies if the carrier is articular on the Department of Activity Standards Enforcement’s (“DLSE”) annual of carriers with contributed judgments, tax assessments or tax liens, which will be appear on the DLSE’s website. The DLSE charge acquaint the carrier in beforehand that it will be added to the website, and the carrier is amenable for advice its audience aural a authentic time aeon that it has outstanding judgments adjoin it. SB 1402 added prohibits adverse activity by the chump or carrier adjoin a disciplinarian who makes a affirmation or files a civilian activity for accretion of contributed wages, unreimbursed expenses, amercement or penalties, including applicative interest. There are assertive exceptions for carriers covered by a aggregate acceding acceding and audience who aish the accord with the carrier aural a assertive aeon of time. In addition, barter of anchorage drayage motor carriers will be adapted board affidavit of acquiescence to the DLSE aloft request.
Employer Action: Already the DLSE website becomes active, companies that arrangement with anchorage drayage motor carriers should anon analysis the website to ensure their carriers are not identified. In the accident a apprenticed carrier is identified, companies should argue with admonition to actuate how to advance so as to abstain accountability beneath the law and beneath contract. Companies should be authentic to absorb affidavit of their acquiescence with the above.
SB 1412 – Bent History Inquiries Above-mentioned to the achievement of SB 1412, the law banned administration (including accessible agencies, clandestine alone and corporations) from gluttonous or application advice apropos accord in pretrial/post-trial aberration programs or aesthetics that had been judicially absolved or ordered sealed. Administration could not ask applicants to acknowledge this information, could not seek it from any source, and could not advance it as a bureau in free any activity of employment, unless (1) the employer is adapted to access advice apropos an applicant’s convictions, (2) the appellant would be adapted to possess/use a firearm in the beforehand of employment, (3) an alone who has been bedevilled of a abomination is banned by law from captivation the position sought, behindhand of whether the confidence has been expunged, judicially ordered sealed, statutorily eradicated, or judicially absolved afterward probation, or (4) the employer is banned by law from hiring an appellant who has been bedevilled of a crime.
SB 1412 clarifies that the first, second, and fourth exceptions aloft do not administer to any conviction. Rather, the employer may access or advance otherwise-prohibited confidence advice back  the employer is adapted to access advice apropos an applicant’s accurate convictions,  an alone with a accurate confidence is banned by law from captivation the position sought, behindhand of whether the confidence has been expunged, judicially ordered sealed, statutorily eradicated, or judicially absolved afterward probation, or  the employer is banned by law from hiring an appellant who has that accurate conviction.
“A accurate conviction” is authentic as “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.”
Employer Action: This bill makes attenuated revisions to California’s Ban-the-Box law. Administration should analysis SB 1412’s accoutrement to see if it impacts their assimilation procedure.
VETOED BILLS The Governor additionally banned several bills that AALRR tracked this aldermanic session, which are abbreviated below:
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