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Seyfarth Synopsis: California Legislators beatific Governor Jerry Brown 1,217 bills to accede in his final bill-signing aeon as Governor—more than any California governor has apparent back 2004. The final tally: 1016 signed, 201 vetoed. Beneath is our full, final assembly of new laws that administration accusation comply with, bills that fell to the Governor’s veto pen, and bills that never fabricated it to the Governor’s desk. Alike admitting the Governor’s veto adored California administration from some truly abominable legislation (such as AB 3080’s attempted ban on application adjudication agreements), 2019 may able-bodied accompany a new Legislature aloof as adverse to business, and a new Governor not accepted for the applied attention that sometimes has characterized Governor Brown. We apprehend that the banned bills will re-emerge, and may accept a added favorable gubernatorial consideration.

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Human Trafficking Awareness. SB 970 requires auberge and cabin administration (excluding bed and breakfast inns), to provide—by January 1, 2020, and already every two years thereafter—at atomic 20 account of alternating human trafficking acquaintance training to advisers acceptable to collaborate with animal trafficking victims. The Administration of Fair Application and Housing can seek an adjustment acute an employer accede with these requirements. Adds area 12950.3 to the Government Code.

Sexual Aggravation Omnibus Bill. SB 1300 adds a area to the Government Code that declares the purpose of aggravation laws is to accommodate all Californians with according befalling to accomplish in the workplace. To that end, the bill especially affirms or rejects authentic authoritative decisions in:

SB 1300 also:

SB 1300 would have—contingent aloft SB 1038 also passing—subjected advisers declared to accept affianced in aggravation to claimed accountability for retaliation, discrimination, and added adverse application accomplishments taken adjoin any actuality who has adjoin practices banned by FEHA or alternating in a FEHA action. As SB 1038, discussed below, bootless to accomplish it out of the Legislature, this proposed alteration in SB 1300 does not become operative.

SB 1300 apology Government Code sections 12940, 12965 and adds Government Code sections 12923, 12950.2, 12964.5.

Sex Aggravation Adjustment Acceding Confidentiality Restrictions. For adjustment agreements entered into on or afterwards January 1, 2019, SB 820 will prohibit and make abandoned any accouterment that prevents the acceptance of information accompanying to civilian or authoritative complaints of animal assault, animal harassment, and abode aggravation or bigotry based on . SB 820 especially authorizes accoutrement that (1) preclude the acceptance of the bulk paid in adjustment and (2) assure the claimant’s character and any actuality that could acknowledge the identity, so continued as the appellant has requested anonymity and the opposing affair is not a government bureau or accessible official. SB 820 suggests that a abuse of its provisions would accord acceleration to a account of activity for civilian damages. Adds area 1001 to the Code of Civilian Procedure.

Banning Waivers of Rights to Testify. As to any arrangement or adjustment acceding entered into on or afterwards January 1, 2019, SB 3109 makes abandoned and unenforceable any accouterment that waives a party’s adapted to affirm in a acknowledged proceeding (if adapted or requested by court order, alteration or authoritative or aldermanic request) regarding bent conduct or animal aggravation on the allotment of the other application party, or the added party’s agents or employees. Adds area 1670.11 to the Civilian Code.

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Strengthening Prohibitions Adjoin Aggravation With Respect to Able Relationships. SB 224 gives additional examples of able relationships area accountability for claims of animal aggravation may appear and authorizes the DFEH to investigate those circumstances. Apology area 51.9 of the Civilian Code and area 12930 and 12948 of the Government Code.

Requiring Animal Aggravation Education by Talent Agencies. AB 2338 requires talent agencies to accommodate developed artists, parents or acknowledged guardians of amateur age-old 14-17, and age-eligible minors, aural 90 canicule of retention, educational abstracts on animal aggravation prevention, retaliation, and advertisement resources. For developed archetypal artists only, the aptitude bureau will be adapted to accommodate abstracts on diet and bistro disorders. Aptitude agencies will additionally accept to retain, for three years, annal d that those educational abstracts were provided. Adds Commodity 4 (commencing with Area 1700.50) to Chapter 4 of Allotment 6 of Division 2 of the Labor Code.

Expanding Scope of Adapted Animal Harassment Training. SB 1343 requires an employer of bristles or added employees—including melancholia and temporary employees—to accommodate assertive animal aggravation training by January 1, 2020. Aural six months of their d their position (and already every two years thereafter), all admiral accusation receive at atomic two hours of training, and all nonsupervisory employees accusation accept at atomic one hour. SB 1343 additionally requires the DFEH to accomplish accessible a one-hour and a two-hour online training course administration may use and to accomplish the training videos, existing advising posters, actuality sheets, and online training courses accessible in assorted languages. Apology sections 12950 and 12950.1 of the Government Code.

Requiring Animal Aggravation Education for In-Home Abutment Services. AB 3082 requires the Administration of Social Casework to advance or identify—and accommodate a archetype and description to the Legislature by September 30, 2019—(1) educational abstracts acclamation animal aggravation of in-home admiring casework (IHSS) providers and recipients, and (2) a adjustment to aggregate abstracts on the prevalence of animal aggravation in the IHSS program. Adds area 12318 to the Welfare & Institutions Code.

Lactation Location. AB 1976 requires administration to accomplish reasonable efforts to accommodate a allowance or area (that is not a bathroom, deleting “toilet stall” and inserting “bathroom”) for lactation. The additionally bill authorizes a acting lactation area if assertive altitude are met and provides a attenuated disproportionate accident exemption. The Governor banned the similar, added onerous, SB 937, discussed below. Apology section 1031 of the Activity Code.

Pay Statement: Adapted to Receive. Stating it is declaratory of absolute law, SB 1252 provides employees the adapted “to receive” a archetype of—not aloof inspect or copy—their pay statements. Apology area 226 of the Activity Code.

Rest Breaks in Petroleum Facilities. AB 2605 exempts from rest-period requirements assertive workers who hold “safety-sensitive positions,” authentic as a position whose duties analytic accommodate responding to emergencies in the facility and backpack admonition devices. The absolution applies alone to workers covered by a aggregate acceding acceding and accountable to Industrial Allowance Commission Allowance Adjustment No. 1. But administration accusation pay exempted workers one hour of pay at the accustomed bulk if the rest aeon is disconnected to acknowledge to an emergency. Because AB 2605 is an coercion statute, these accoutrement took aftereffect immediately back accustomed by the Governor on September 20, 2018 and will sunset on January 1, 2021. The columnist of this bill accustomed to carve out an absolution for these positions in ablaze of the contempo Augustus v. ABM Security Services, Inc. case. Adds area 226.75 to the Activity Code.

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Port Drayage Motor Carries. SB 1402 requires the DLSE to column a account on its website of anchorage drayage motor carriers with any aghast acumen or appraisal or any “order, decision, or award” accolade actionable conduct as to assorted wage/hour issues, accurately including absolute architect misclassification and acquired claims. This bill additionally extends aggregate and several accountability to the barter of these drayage motor carriers for their approaching allowance violations of the aforementioned nature. Adds section 2810.4 to the Activity Code.

Contractor Liability. Passed as an urgency statute to accomplish allegorical changes to aftermost year’s AB 1701—which created aggregate liability for architecture contractors and subcontractors—AB 1565 anon repeals the accurate accouterment that adequate absolute contractors for accountability for annihilation added than contributed accomplishment and binding or other account payments or contributions including absorption owed. For affairs entered into on or afterwards January 1, 2019, the direct architect accusation specify what abstracts and admonition the subcontractor accusation accommodate in adjustment to abstain a acknowledged payment. Apology area 218.7 of the Activity Code.

Criminal History. SB 1412 requires administration to accede alone a “particular conviction” (“for specific bent conduct or a chic of bent offenses assigned by any federal law, federal regulation, or accompaniment law that contains requirements, exclusions, or both, especially based on that specific bent conduct or chic of criminal offenses”) accordant to the job back screening applicants using a bent accomplishments check. Apology area 432.7 of the Labor Code.

Women on Boards. SB 826 requires California-based about captivated corporations to accept on their board of admiral at atomic one female—defined as bodies who self-identify as women, behindhand of their appointed at birth. The borderline for acquiescence is December 31, 2019. A association may accusation to admission its accustomed cardinal of directors to accede with this requirement. The bill imposes minimum seat requirements that accusation be abounding by women, proportional to the absolute cardinal of seats, by December 31, 2021. The Secretary of State accusation broadcast a address by July 1, 2019 of the cardinal of corporations whose arch controlling offices are in California and accept at atomic one changeable director, and an anniversary address alpha March 1, 2020, account the cardinal of corporations that (1) complied with requirements in 2019, (2) confused their address in or out of California, and (3) were accountable to these accoutrement during 2019, but no best about traded.

For anniversary director’s bench not captivated by a changeable during at atomic a allocation of the agenda year—when by law it should accept been—the association will be accountable to a $100,000 accomplished for the aboriginal abuse and a $300,000 accomplished for added violations. Corporations that abort to adapted book board affiliate admonition with the Secretary of Accompaniment will additionally be subject to a $100,000 fine. Adds sections 301.3 and 2115.5 to the Corporations Code.

Mediation Confidentiality. SB 954 requires attorneys, except in chic actions, to accommodate their mediating audience with a accounting acceptance absolute the acquaintance restrictions provided in Area 1119 of the Affirmation Code and obtain the client’s accounting acceptance that the appellant has read and understands the acquaintance restrictions. This assignment arises as anon as analytic accessible afore the appellant agrees to participate in adjudication or a adjudication consultation. The bill is of little aftereffect as an attorney’s abortion to accede is not a base to set a an acceding able in or pursuant to a mediation. Apology Affirmation Code area 1122 and adds Evidence Code area 1129.

Class Activity Settlements. Among abounding other changes not anon accordant to this blog, AB 3250 revises amendments to Code of Civilian Activity area 384, which took aftereffect immediately aloft the Governor’s signing SB 847 on June 27, 2018 (SB 847 additionally added accordant Code of Civilian Activity sections 382.4 and 384.5). By advantage of SB 847, Area 384 requires a court, afore the admission of a acumen (including accord judgment, decree, settlement acceding accustomed by the court) in a chic action, to determine the absolute bulk that will be payable to all chic members, and set a date back the parties are to address to the cloister the absolute amount that was absolutely paid to the class. Afterwards the address is received, the cloister accusation alter the acumen to absolute the actor to pay the sum of the contributed residue, additional absorption on that sum at the acknowledged bulk of absorption from the date of admission of the initial acumen (AB 3250 deletes this italicized accent and replaces it with “that has accrued thereon”), to nonprofit organizations or foundations to abutment projects that will account the chic or analogously anchored persons, or that advance the law constant with the basal account of action, or to adolescent advancement programs, or to nonprofit organizations providing civilian acknowledged casework to the indigent. An advocate for a affair to a chic activity accusation acquaint the cloister if the advocate has a connection to a proposed nonparty almsman of chic activity adjustment funds that could analytic actualize the actualization of impropriety. The cloister accusation address a archetype of the acumen to the Authoritative Council, anecdotic nonparty recipients of chic activity adjustment funds. Apology Business and Professions Code area 6402.2, Civilian Code sections 51.7, 52.1, and 54.8, Code of Civilian Activity sections 384, 1013b, 1276, 1277, and 1277.5, Bloom & Assurance Code area 103430, and Allowance Code area 10861.03. Repeals Code of Civilian Activity area 630.30.

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Banning Contractual Banned on Acceptance and Arbitration Agreements. AB 3080 would accept prohibited businesses from requiring, as a activity of employment, employment benefit, or arrangement (1) that a job appellant or agent abandon any right, forum, or activity (e.g., arbitration) for a abuse of FEHA or the Activity Code, and (2) that a job applicant, employee, or absolute architect not acknowledge instances of animal harassment suffered, witnessed, or apparent in the assignment abode or in achievement of the contract, opposing actionable practices, or accommodating in aggravation and bigotry related investigations or proceedings. Biting their fingernails into the night on the Governor’s signing deadline, to employers’ relief, Governor Brown banned the bill. The Governor declared he was accountable to veto this bill because it “plainly violates federal law.” He remained constant with his veto of a agnate bill in 2015, in which he referred to contempo cloister decisions that invalidated accompaniment policies that impeded adjudication and declared his admiration to watch approaching US Supreme Cloister decisions on the affair afore “endorsing a broad ban on binding adjudication agreements.” He declared that the “direction from the Supreme Cloister back my beforehand veto has been clear—states accusation chase the Federal Adjudication Act and the Supreme Court’s estimation of the Act,” citing DIRECTV, Inc. v. Imburgia; and Kindred Nursing Centers Ltd. Partnership v. Clark to adios this bill’s premise “that the Act governs alone the administration and not the initial accumulation of adjudication agreements.”

Expanding Record Retention. AB 1867 would accept required administration with 50 or added advisers to advance annal of complaints alleging animal aggravation for at atomic bristles years after the aftermost date of application of the complainant or declared harasser, whichever is later. In his veto message, the Governor sagely acclaimed this bill could advance to the assimilation of annal for decades and could crave complaints alleging animal aggravation to be maintained for the aforementioned bulk of time behindhand of the aftereffect of the analytic process. For those reasons, and because absolute law requires cadre records, including annal of complaints, be maintained “for acceptable periods of time,” the Governor begin the time amplification of this bill unwarranted.

Expanding Authoritative Accusation Filing Deadlines. AB 1870 would accept continued a complainant’s time to book an authoritative accusation with the DFEH from one year to three years afterwards the declared adventure for all types of FEHA-prohibited conduct, including animal harassment. In vetoing this bill, Governor Brown begin the accepted filing deadline, in abode back 1963, “not alone encourages prompt resolution while memories and affirmation are fresh, but additionally ensures that blackballed behavior is promptly appear and halted.”

Extending Accountability for Administration and for Businesses Using Activity Contractors. AB 3081 would accept amended the FEHA and Activity Code to (1) add cachet as a animal harassment victim to absolute prohibitions on bigotry adjoin employees who are victims of calm violence, animal assault, or stalking, (2) actualize a reable anticipation of actionable backfire if an employer—within 30 canicule of apprehension of the victim’s status—discharges or threatens to discharge, demotes, suspends, or contrarily discriminates adjoin a victim employee, (3) accomplish a business accordingly accountable for aggravation of workers supplied by the business’s activity architect (existing law similarly extends accountability for the contractor’s abortion to pay accomplishment and admission accurate workers’ advantage coverage), (4) prohibit businesses from alive to their activity contractors duties or liabilities beneath the Activity Code workers’ compensation allowance provisions. Governor Brown alone the bill on the base that best of its accoutrement are accidental as already absolute in accepted law, or, if new, are confusing.

Immigration Documents. AB 2732 would accept subjected to penalties administration that abort or abstain passports or other clearing documents, and adapted all administration to accommodate a “Worker’s Bill of Rights” (to be developed by the DIR) to all employees. AB 2732 additionally would accept fabricated assorted changes to the Acreage Account Artisan Protection Act, accidental aloft this bill’s and AB 2079’s passing. In a assignment to narrowly clothier bills, Governor Brown begin the “provision of this bill that prohibits administration from abnegation clearing documents from workers is actual appropriate,” but still addled bottomward this absolute bill due to its “burdensome and unwarranted” authorization that all employers, alike those accepting annihilation to do with activity trafficking, accommodate the “Worker’s Bill of Rights’ to every agent in California. “This goes too far.”

Lactation Accommodations. SB 937 would accept required administration to (1) accommodate a lactation allowance with assigned features and admission to a bore and refrigerator (or addition cooling device acceptable for autumn milk) in aing adjacency to the employee’s workspace, (2) advance and administer to advisers a lactation adaptation policy, and (3) advance adaptation request annal for three years and acquiesce the agent and Labor Commissioner admission to the records. SB 937 would accept additionally deemed the abnegation of time or amplitude for lactation a abortion to accommodate a blow aeon beneath Activity Code area 226.7, and adapted the DLSE to actualize a archetypal lactation activity and a archetypal lactation adaptation appeal form. Accepting active AB 1976 to further “the state’s advancing accomplishment to abutment alive mothers and their families,” Governor Brown banned this bill as not necessary.

Property Account Artisan Protection Act Amendments. Governor Brown banned two bills (AB 2732, discussed above, and AB 2079) to alter the Acreage Account Artisan Protection Act, which went into aftereffect July 1, 2018 (AB 1978), and imposes requirements to combat allowance annexation and animal aggravation for the janitorial industry. In his veto message, the Governor apprenticed AB 2079’s authors and sponsors to acquiesce the Act—”the aboriginal of its affectionate in the country”—to be absolutely implemented afore proposing cogent changes. AB 2079 would accept required (1) all administration applying for new or renewed allotment to authenticate achievement of animal aggravation abandon prevention requirements and accommodate an accession to the Activity Commissioner, (2) the Administration of Industrial Relations (DIR) to assemble an advising board to advance requirements for, and advance a list of, able organizations and peer-trainers for administration to use in accouterment training, and (3) employers, aloft request, to provide requesting advisers a archetype of all training materials. AB 2079 would accept additionally banned the Activity Commissioner from acknowledging a janitorial account employer’s appeal for allotment or for face-lifting if the employer had not absolutely annoyed a final acumen to a accepted or aloft agent for a abuse of the FEHA.

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Janitorial Workers Application Classification. AB 2496 would have accustomed a reable anticipation that janitorial workers who accomplish casework for acreage account administration are employees, not absolute contractors. Governor Brown banned the bill as premature, pending Legislature analysis of the California Supreme Cloister adaptation in in Dynamex Operations West, Inc. v. Superior Court, which afresh accustomed a new analysis to actuate whether a artisan is appropriately classified as an agent or absolute contractor.

Veterans and Aggressive Personnel. Governor Brown banned SB 1427, which would accept added veterans and aggressive cadre as a adequate chic beneath the FEHA, because the bill’s other, non-employment-related accoutrement went “too far.”

Construction Industry Aggravation and Discrimination. SB 1223 would accept adapted the DIR to assemble an advising board to acclaim minimum standards for a aggravation and bigotry blockage activity and training affairs specific to the architecture industry, and to address to the Legislature specific accomplishing recommendations. Governor Brown banned this bill as bigger placed with the DFEH—responsible for administration the FEHA and its harassment and bigotry blockage and training requirements—not the Activity Commissioner.

Personal Accountability for Retaliation. SB 1038 proposed the same alteration to FEHA as SB 1300 to appoint alone accountability aloft an agent for retaliating adjoin a actuality who has filed a complaint adjoin the employee, testified adjoin the employee, assisted in any proceeding, or adjoin any banned practice. As discussed, above, back SB 1038 failed, so did the aforementioned proposed alteration in SB 1300.

Hotel Panic Button. AB 1761 would accept required auberge administration to accommodate advisers with a “panic on” to alarm for admonition in case of an emergency, column a apprehension of these accoutrement in anniversary guestroom, provided paid time off or a reasonable adaptation to an agent who is the victim of an assault, adapted an employer—upon the employee’s request—to acquaintance police, banned administration from taking activity adjoin any agent who contest the protections, and imposed penalties for violations of the proposed provisions.

Employers Pay Data. SB 1284 would accept required clandestine administration with 100 or added advisers and adapted to file an EEO-1 address to abide a pay abstracts address to the DFEH containing authentic information. This bill would accept additionally accustomed fines to be imposed on administration who abort to report, accustomed the DFEH to seek an adjustment acute the employer to comply, and crave the DFEH to advance the annal for 10 years, admitting no individually identifiable admonition could be fabricated public.

Victims of Animal Harassment. AB 2366 would accept extended absolute law that protects advisers who booty time off assignment due to actuality victims of calm violence, animal advance and stalking, to accommodate victims of animal harassment. This bill would accept also continued job-protected leave to ancestors associates of such victims.

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DLSE Time to Book Extension. AB 2946 would accept extended the time to book a complaint with the DLSE from six months to three years from the date of the abuse and adapted California’s bigmouth accouterment to accredit a cloister to accolade reasonable attorney’s fees to a prevailing plaintiff.

Familial Status. AB 1938 would accept limited employer inquiries about familial cachet during the hiring or promotional activity and fabricated it actionable to accomplish any non-job accompanying analysis about an individual’s absolute or perceived albatross to affliction for ancestors members.

Pay Statements. AB 2223 would accept provided administration the advantage to accommodate itemized pay statements on a account base and continued the time an employer has to acknowledge to a appeal to audit or archetype pay statements from 21 to 28 calendar days. AB 2613 would accept imposed penalties on administration who breach Activity Code accoutrement requiring acquittal of accomplishment alert per ages on appointed paydays, and once per ages for absolved employees.

Flexible Assignment Schedules. AB 2482 would accept allowed clandestine non-exempt employees, not accountable to aggregate bargaining agreements, to appeal a adjustable assignment agenda to assignment ten hours per day aural a 40-hour workweek after overtime compensation.

Marijuana. AB 2069 would accept provided that the medical use of cannabis by a able accommodating with an identification agenda is accountable to a reasonable adaptation by an employer.

Another Bootless PAGA Effort. AB 2016 would accept required an employee’s adapted accounting PAGA apprehension to the employer accommodate a added all-embracing account of facts, acknowledged contentions, and authorities acknowledging anniversary allegation, and accommodate an appraisal of the cardinal of accepted and aloft advisers adjoin whom the alleged violations were committed and on whose account abatement is sought. AB 2016 would accept assigned authentic apprehension procedures if the agent or agent adumbrative seeks abatement on account of ten or added employees. The bill afar bloom and assurance violations from PAGA’s right-to-cure provisions, added the time the employer had to cure violations from 33 to 65 agenda days, and provided an agent may be awarded civilian penalties based alone on a abuse absolutely suffered by the employee.

Sick Leave. AB 2841 would accept increased an employer’s alternating ailing leave accretion adjustment from 24 hours by the 120th agenda day of application to 40 hours of accrued sick leave or paid time off by the 200th agenda day of employment—but not defective to beat 80 hours. An employer would accept been able to absolute the bulk ailing leave agitated over to the afterward year to 40 hours. This accouterment would accept applied to IHSS providers on January 1, 2026.

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Criminal History. AB 2680 would accept required the CA Administration of Justice to accept a accepted anatomy that administration would accept to use back gluttonous the accord of an appellant for application to conduct a confidence history background analysis on that appellant by the department. SB 1298 would accept placed banned on the bent history advertisement that DOJ would accommodate to employers and adapted DOJ to accommodate the accountable with a archetype of the admonition and at atomic bristles canicule to claiming its accurateness before absolution it to the employer. AB 2647 would accept prohibited affirmation of a accepted or aloft employee’s bent history from actuality admitted, beneath authentic circumstances, in a civil activity based on the accepted or aloft employee’s conduct adjoin an employer, an employer’s agents, or an employer’s employees.

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