Learn About California’s New Employment Legislation

Overview of California’s new employment legislation signed into law by Governor Gavin Newsom.

At the beginning of this year, several new pieces of legislation went into effect in the state of California.  Signed by Gov. Newsom in mid to late 2019, the new legislation will impact how employers conduct business.  Here is a look at some of California’s new employment legislation.

Mandatory Arbitration Agreements (AB 51)

• The new law prohibits employers from entering mandatory arbitration agreements for almost all employment law claims in the state of California.

Arbitration Fees (SB 707)

• Under this new law, a drafting party that fails to pay arbitration costs in employment disputes is subject to consequences. For instance, the employer may not be able to compel the claim to arbitration and may have to go to court instead.  Monetary and evidentiary sanctions are possible punishments as well.

Independent Contractor Rules (AB 5)

• The new law requires the administration of the ABC test for virtually all employment purposes.

“No-Rehire” Provisions (AB 749)

• The new law bans “no-rehire” provisions in employment settlement agreements. Starting this year, settlement agreements cannot contain any provision that prevents an employee from securing future employment with that company.

Workplace Bias Claim Filing Timeline (AB 9)

• Inspired by the #MeToo movement, the new law allows employees up to three years to file an administrative charge with the Department of Fair Employment and Housing (DEFH). This law increases the filing deadline by two years.

Lactation Accommodations (SB 142)

• This law includes a list of lactation-room requirements that employers must fulfill for breastfeeding employees.

Hairstyle Discrimination (SB 188)

• This law expands race-based employment discrimination laws to include discrimination based on “traits historically associated with race, such as hair texture and protective hairstyles,” including “braids, locks and twists.”

Anti-Harassment Training (SB 778)

• This law requires employers with five or more employees to provide sexual harassment prevention training to their staff. In response to push-back, Newsom extended the deadline for this mandatory training till January 1, 2021.

This is a brief look at California’s new employment legislation.  Looking for a consulting firm with experience working with salary, legal, and other human resources issues?  Then don’t hesitate to contact the professionals at McKnight Associates, Inc.  We are ready to offer you hands-on human resources consulting for colleges, universities, medical centers, and organizations of all sizes.