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).