Do California Employment Laws Adequately Protect Women?
Governor Jerry Brown recently signed several workplace reform bills. These laws aim to increase transparency and accountability, especially in the wake of the #MeToo movement. Below, you’ll find a clear overview of the key changes that directly affect California employers.
Senate Bill 826 (SB 826) – Female Board Members
SB 826 puts women at the forefront of corporate leadership. It requires publicly held corporations with principal executive offices in California to place at least one woman on their board of directors by the end of 2019. To comply, a corporation can add an additional director rather than replace an existing one.
By the end of 2021, corporations must meet higher thresholds.
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Boards with five directors need at least two female directors.
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Boards with six or more directors must include at least three women.
The Secretary of State must also publish annual reports that track compliance, board changes, and corporate relocations.
Companies that fail to comply face fines of $100,000 for the first violation and $300,000 for each subsequent offense.
Senate Bill 1343 (SB 1343) – Sexual Harassment Training
Under the California Fair Employment and Housing Act (FEHA), large employers previously had to provide two hours of sexual harassment training to supervisors every two years. SB 1343 significantly expands that requirement.
Now, any employer with five or more employees must provide:
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Two hours of training for supervisory employees
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One hour of training for nonsupervisory employees
Employees must complete the required training within six months of being hired or promoted and then repeat it every two years. The Department of Fair Employment and Housing (DFEH) must also create an online training program that meets legal standards.
Employers must complete the first round of training before January 1, 2020.
Senate Bill 820 (SB 820) – Settlement Agreements
SB 820 bans settlement provisions that restrict the disclosure of factual information related to claims of sexual assault, sexual harassment, workplace harassment, or discrimination based on sex. This law applies to settlement agreements entered into on or after January 1, 2019.
Assembly Bill 3109 (AB 3109) – Contractual Freedom of Speech
AB 3109 invalidates any contract clause that stops a person from testifying about alleged criminal conduct or sexual harassment. If a person receives a subpoena, a court order, or a request from an administrative or legislative agency, they cannot be silenced by contract. This rule applies to all contracts entered into on or after January 1, 2019.
Senate Bill 1300 (SB 1300) – Employer Liability
SB 1300 has several components that you can learn more about in our September blog. Primarily, though, in concern to sexual harassment in the workplace, SB 1300 expands an employer’s liability under FEHA to acts of harassment conducted by nonemployees and contractors. Nonemployees could include unpaid interns or volunteers. In addition, an employer may provide bystander intervention training to their employees as they see fit.
Assembly Bill 1976 (AB 1976) – Mothers Gain Additional Lactation Accommodations
California employers must already provide reasonable breaks and lactation accommodations. AB 1976 strengthens these rules.
Beginning January 1, 2019:
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Lactation spaces must be private and completely separate from bathrooms.
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If an employer demonstrates operational or space limitations, a temporary private space may be allowed if it is free from intrusion and not located in a bathroom.
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Agricultural employers must provide a private, enclosed, shaded space. If this creates undue hardship, a nearby private area that is not a toilet stall may still comply.
Contact Our Modesto Employment Law Attorneys
Understanding these laws is essential for staying compliant and avoiding costly penalties. For guidance, reach out to our Modesto firm at (209) 876-8886 or fill out our online form.. We are ready to help you navigate California’s evolving employment landscape.