NEW LAWS, 2019

NEW LAWS - 2019

"Me Too" Legislation, Etc.

Confidential Provisions in Settlement Agreements (SB 820)

Voids any provision in a settlement agreement entered into on or after January 1, 2019, that prevents disclosure of information related to civil or administrative complaint of sexual assault, sexual harassment, and workplace harassment or discrimination based on sex.

Relationships with Leverage (SB 224)

Expands protection from sexual harassment by an alleged harasser who holds him or herself out as being able to help the plaintiff establish a business service, or professional relationship (expressly includes investors, elected officials, lobbyists, directors, and producers).

Expanded Training Requirements (SB 1343)

Employers with 5 or more employees, including temporary or seasonal employees, must provide at least 2 hours of sexual harassment training to all supervisory employees, and at least one hour of sexual harassment training to all nonsupervisory employees, by January 2, 2020, and once every 2 years thereafter.

Female Corporate Board Membership (SB 826)

Applies to California-based, publicly-held corporations.

By December 31, 2019, must have at least one female on the board.  Must expand the size of the board if necessary.

By December 31, 2021, must have two female directors if the corporation has five directors, and three female directors if the corporation has six or more directors.

Fines of up to $300,000 for failure to comply.

Lactation Break (AB 1976)

  • Existing law requires employers to provide:
    • A reasonable amount of break time to accommodate an employee who wants to express breast milk for the employee's infant child; and
    • The use of a private space other than a toilet stall to use for the purpose of expressing milk.
  • The new law requires employers to make reasonable efforts to provide a private space that is not a "bathroom."

  Construction Contractor Liability (AB 1565)

  • Existing law makes direct contractors liable for unpaid wages and fringe or other benefit payments or contributions owed by, incurred by, a subcontractor acting for the direct contractor.
  • This amendment expands the scope of liability, which now has no limitation.

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