New Somethings from Newsom

California’s Governor Newsom must have writer’s cramp from signing so many bills into law. All the laws below are scheduled to go into effect on January 1st, 2020, unless someone manages to stop or change them. We have:

• AB51 Mandatory Arbitration Agreements — The agreements have been seeing some changes but now we won’t be able to require employees to sign one to keep their jobs. Without the ability to force arbitration agreements, companies may see more lawsuits.
• AB707 Arbitration Fees — Steep ramifications may be seen if the party initiating an arbitration agreement fails to pay the appropriate fees within 30 days.
• AB5 Independent Contractors — This bill has already been discussed in the last two articles so we won’t waste your time repeating the information.
• AB749 No-Rehire Provisions — Often settlement agreements include a provision that the company will not rehire that employee. However, this bill prohibits that option so the ex-employee will no longer be automatically prevented from being rehired.
• AB9 Claims Extended 2 Years — The deadline for filing a complaint with the DFEH (Department of Fair Employment and Housing) has been extended to 3 years from the previous 1-year deadline. The DFEH handles all types of California’s harassment claims.
• SB142 Lactation Accommodation — We have had a lactation location law on the books for a while but this law now provides more specifics. The location cannot be a bathroom, must be in close proximity to the employee’s work area, and be shielded from view and free from intrusions while the employee is there. The room itself must be safe, clean, and free of hazardous materials; have a surface for the employee’s breast pump and personal items; have a place to sit; and, have access to electricity or extension cords so a breast pump can operate. Finally, there must be access to a sink with running water and, close to the employee’s workplace, a cooling device (like a refrigerator) for storing the milk. There are exceptions in the law for multi-employer worksites where a shared location is used and when the location is temporary or not possible due to financial resources, size or structure of the employer’s business. However, be prepared to prove you need the exception because it will be assumed you are able to provide a lactation location in accordance with the law. In addition to all this, you must create a policy that includes your process for requesting a lactation accommodation, the employer’s obligation, and information about filing a claim for violations with the Labor Commissioner. Whew!
• SB188 Protects Hairstyles — Discrimination against individuals based on hairstyles that are historically associated with specific races is now prohibited. In general, this includes braids, locks, and twists.

California employment law continues to make it challenging to run a business. All we can do is take it one step at a time and work harder to be compliant. Please let us know if we can be of help!