On October 15, 2017, California’s Governor Jerry Brown signed SB 396 into law, requiring new training and posters for California employers. Currently, California law requires employers with 50 
or more employees to provide at least 2 hours of sexual harassment training to supervisors every two years. This new bill requires those employers to also include training on harassment based on gender identity, gender expression, and sexual orientation. Further, employers will be required to display a poster regarding transgender rights. The poster can be obtained from the Department of Fair Employment and Housing or by clicking here. The bill is set to go into effect on January 1, 2018. Our Labor and Employment attorneys are available to ensure that your training materials and posters comply with these new requirements.
SAVE THE DATE – Mandatory AB 1825 Sexual Harassment Prevention Training
Weintraub Tobin will be holding their final session of AB 1825 training for the year on December 14, 2017. If you are an employer with 50 or more employees, and have supervisors who have not been trained, or are in need of a refresher course, then don’t miss out.
This training will comply with all the requirements of the regulations including Senate Bill 396 signed by Governor Brown on October 15, 2017, which requires training on policies that prohibit harassment based on gender identity, gender expression, and sexual orientation.
Training Date/Time: December 14, 2017; 10:00 a.m. to 12:00 pm.
Cost: $95/per person
More details will follow. Reserve your spot now by emailing Ramona Carrillo, rcarrillo@weintraub.com.
California Governor Signs Bill Restricting “ICE” Access to Worksites
On October 5, 2017, California Governor Jerry Brown signed Assembly Bill 450 into law. This bill requires a warrant for employers to allow immigration enforcement agents to enter a worksite.
Background
Current law prohibits employers or individuals from engaging in an unfair immigration-related practice. Existing law provides a substantial number of unfair immigration practices. Continue Reading California Governor Signs Bill Restricting “ICE” Access to Worksites
General Contractors Now Liable in Private Construction for Wage and Fringe Benefit Liabilities of Subcontractors
On October 14, 2017, California Governor Jerry Brown signed AB 1701. This law imposes liability on general contractors for wage and fringe benefit liabilities of its subcontractors. This law applies to all contracts entered into on or after January 1, 2018, that require a direct contractor for construction, alteration, or repair of a building.
Background
Existing law allows workers to bring actions for nonpayment of wages and fringe benefits. The new law specifically expands the liabilities of direct contractors for nonpayment of wages and fringe benefits of its subcontractors.
Summary of New Law
A direct contractor that enters into a contract to construct, alter, or repair a structure on or after January 1, 2018 will assume liability for any debt owed to a wage claimant incurred by a subcontractor. The direct contractor is only liable for wages or benefits included in the performance of labor under the subject contract. The direct contractor’s liability does not extend to penalties or liquidated damages. The law allows direct contractors to pursue claims against subcontractors who generate liability or request contribution from such subcontractors.
The law provides a right of action by a third party who is owed wages or fringe benefits. Such individuals may bring a civil action against a direct contractor to enforce the above liability. The law also awards a prevailing plaintiff their reasonable attorney fees and costs. Direct contractors may request, and subcontractors must provide, payroll records such that they apprise direct contractor of the payment of wages and benefits to its employees.
California Employers Should
- Consider contacting counsel to determine whether indemnity, contribution, or contract provisions should be included in future construction contracts to address this additional liability.
- Train supervisors, managers, and human resource personnel about the additional liability and create a procedure to obtain information about a subcontractor’s payment to its employees.
Our Labor & Employment attorneys have extensive experience counseling and defending employers in all areas of employment law and are happy to assist employers in training, handbook revisions, and further compliance with this new law. Please feel free to contact any of our Labor & Employment attorneys.
California Governor Signs “New Parent Leave Act”
On October 12, 2017, California Governor Jerry Brown signed Senate Bill 63 (“the New Parent Leave Act”). Under the new law, employers may not refuse to allow certain employees to take up to 12 weeks of parental leave to bond with a new child. When the leave is taken, the employer must guarantee the same or comparable position upon the employee’s return.
Background
Existing law prohibits an employer from refusing to allow a female employee disabled by pregnancy, childbirth, or a related medication condition from taking leave for a reasonable time (up to 4 months) before returning to work. Current law also prohibits employers from refusing to maintain heath care coverage for an employee who takes that leave.
Summary of New Law
The “New Parent Leave Act” prohibits an employer from refusing to grant employees up to 12 weeks of parental leave to bond with a new child. Employees are eligible if they have worked for their employer more than 12 months and have at least 1,250 hours of service in that 12 month period. Further, the law only applies to employers that have at least 20 employees within 75 miles. The employer is required to maintain health coverage under a group health plan during the employee’s leave. The law specifically applies to employees who are not already covered by the federal Family and Medical Leave Act (FMLA). Lastly, employers are required to guarantee employment for that employee in the same or comparable position at the end of their leave.
California Employers Should
- Determine whether they are covered by the new law and which employees are eligible for this leave
- Train all managers, supervisors, and human resources to ensure they are aware of the new provisions for parental leave
Our Labor & Employment attorneys have extensive experience counseling and defending employers in all areas of employment law and are happy to assist employers in training, handbook revisions, and further compliance with this new law. Please feel free to contact any of our Labor & Employment attorneys.