There are a number of new laws related to sexual harassment prevention training and stronger protections for victims of sexual misconduct in the workplace. We reviewed these in previous posts. In addition to these laws and changes, a number of other labor and workplace-related laws have gone into effect this year.
Here are the highlights of new laws and changes that have become effective since January 1, 2019.
Industrial Welfare Commission's Wage Order 14-2001
Agricultural work is exempt from federal overtime rules under the Fair Labor Standards Act (FLSA). But in California the Industrial Welfare Commission's Wage Order 14-2001 provides new requirements under Labor Code section 860 and entitles agricultural employees to daily overtime pay.
A more gradual phase-in process will be applied to employers with fewer than 26 employees beginning on January 1, 2022.
Soliciting Employees of Former Employer Prohibitions Not Enforceable
In 2018 a California appeals court voided an employer's contract that restrained former employees from soliciting current employees for a one-year period. The court's decision suggest that any longstanding anti-raiding provisions may be void under "California's strong public policy of protecting the right of its citizens to pursue any lawful employment and enterprise of their choice."
While the case did not change existing anti-raiding provisions, the court's decision has now made legal enforcement of such contracts questionable.
Testifying Prohibition (AB 3109)
This law addresses employer contracts and voids provisions that would prevent a party from testifying about alleged criminal conduct or sexual harassment when the party has been compelled or requested to do so by lawful process.
Beginning January 1, 2019, any contract or settlement agreement that attempts to bar a person from testifying in an administrative, legislative, or judicial proceeding about alleged criminal conduct or sexual harassment is void and unenforceable in California.
Required Confidentiality Prohibition (SB 1300)
This bill amends the Fair Employment and Housing Act (FEHA) by prohibiting employers from requiring workers to agree to nondisclosure clauses as a term or condition of employment or in exchange for a raise or bonus. The change makes it unlawful for businesses to require employees to release FEHA claims or to stay silent concerning “unlawful acts in the workplace,”
There are exceptions to this prohibition such an agreement as the result of a lawsuit resolution, or specific types of complaints under specific circumstances, in which case the employer can still get a release and require confidentiality.
Sexual Misconduct Nondisclosure Prohibition (SB 820)
This bill provides an addition to Code of Civil Procedure § 1001. As of January 1, 2019, it voids contractual provisions or agreements that would prevent a party from disclosing “factual information” related to a claim of sexual assault, sexual harassment, or gender discrimination filed in a civil or administrative action.
Exceptions to the law does provide for nondisclosure of
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