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CARNEY SHEGERIAN | Employment Law
What Employees Need to Know About California’s New Labor Regulations in 2019
Throughout 2018, California has continued to advance its sexual harassment and discrimination protections for those in the work- place. e new regulations, which aim to overhaul everything from the number of women in the boardroom to sexual harassment training, should be an example for the remainder of the United States to follow.
Many of the regulations, which went into e ect on Jan. 1 2019, not only impact sexual harassment, but also disability, family leave, and lan- guage-related discrimination in the workplac. Its crucial that employees understand what constitutes harass- ment, as well as their rights.
e most headway in workplace regulations was made in sexual ha- rassment and discrimination protec- tions in California in 2018. A number of these regulations are designed to both prevent sexual harassment from occurring and expand the rights of victims of sexual harassment.
NEW BILLS
For example, Senate Bill 1343 re- quires that all California employers provide mandatory sexual harass- ment prevention training. Taking full e ect Jan. 1, 2020, all California em- ployers with ve or more employees must provide one hour of sexual ha- rassment training to non-supervisory employees and two hours of training to those in supervisory roles. Mea- sures such as training are critical so that employees fully understand what exactly sexual harassment is, as well as how to step in and stop any harass- ment they witness in the workplace.
e measures also aim to provide more agency to victims of sexual ha- rassment. Included in this are Assem- bly Bill 3109 and Senate Bill 820.
Assembly Bill 3109, e ective Jan. 1, 2019, speci es that any provision in a contract or settlement agreement that attempts to waive a party’s right to testify in an administrative, legislative or judicial proceeding concerning al- leged criminal conduct or sexual ha- rassment is considered void. is al- lows for victims of sexual harassment to now speak out about the criminal conduct or sexual harassment. Ha- rassers will no longer be able to keep their victims quiet.
Another measure will go into e ect that ensures victims retain their rights to share the crimes that have been committed against them. Senate Bill 820, e ective Jan. 1, 2019, states that settlement agreement cannot prevent an individual from disclosing factual information related to claims of sex- ual assault, harassment or discrimina- tion. is also includes any facts re- lated to retaliation for reporting such harassment or discrimination. Such agreements will be considered void and unlawful once the bill goes into e ect.
In addition to the numerous pro- tections being put in place to protect employees from sexual harassment, a variety of other forms of harassment and discrimination have been ad- dressed in California’s regulations.
NEW MOMS
e Provision of Lactation Ac- commodations, Assembly Bill 1976, requires that employers make e orts to provide employees with a place to
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express breast milk in private. e designated area needs to be near the employee’s work area and cannot be a bathroom. e measure keeps new mothers in mind, providing them with the necessary facilities to help them transition back into the work- force a er giving birth.
Also taking family planning into account is the Paid Family Leave Amendment, or Senate Bill 1123, which will go into e ect Jan. 1, 2021. Drastically increasing those that paid family leave applies to, the bill will ex- pand its bene ts to individuals who miss work due to a spouse’s, domestic partner’s, parent’s or child’s being on active duty in the armed forces.
Other notable anti-harassment and anti-discrimination measures include the Limitation on “English Only” Rules. e regulations, which are currently in e ect, prohibit the use of English-only policies, except in certain circumstances. ey also prohibit any inquiries into an appli- cant or employee’s immigration status unless there is “clear and convincing evidence” that doing so is required by federal law.
e state of California is proving itself to be a trailblazer in discrimi- nation protections that target sexual harassment, language restrictions, family planning and more. e new measures going into e ect in 2019 will protect California’s employees from a wide range
of harassment and discrimination that o en plague those in workforce.
Since launching Shegerian & Associates, Carney Shegerian has developed a reputation as The People’s Attorney — ghting passionately for the rights of his employee clients. As an experienced trial attorney, he has tried numerous jury trials to verdict. Winner of the 2013 Trial Lawyer of the Year Award as a result of trying a number of signi cant cases, Shegerian was also nominated, and a nalist, for the award in 2006, 2010-2012. His record of success for his clients is unparalleled. Shegerian has won over 77 jury trials, including 34 seven- gure verdicts as a plaintiff’s attorney.
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