Since our Dec. 6, 2019 blog post entitled “New California Employment Laws: What Employers Should Know” did not cover the full landscape of new California employment laws, we summarize here some of the other significant legislative highlights that will affect California employers in 2020. They include new provisions on sexual harassment training, labor arbitration, employee waiver of rights, and racial discrimination.
SEXUAL HARASSMENT PREVENTION TRAINING DEADLINE EXTENDED
In 2018, sexual harassment prevention training requirements were extended to small businesses (5 to 50 employees) and to non-supervisory employees. This deadline has been extended until January 1, 2021.
RESTRICTIONS ON APPLICANT/EMPLOYEE WAIVER OF RIGHTS UNDER FEHA/LABOR CODE.
A new statute, AB 51, would prevent employers from requiring their employees or job applicants to waive any rights related to the Fair Employment and Housing Act (FEHA) or the Labor Code as a condition for employment or as a condition for any employment-related benefit. The law also prohibits retaliation for an employee or an applicant’s refusal to waive such rights. At the time of this writing, a judicial injunction is holding up the enforcement of this law.
PENALTIES FOR FAILURE TO COMPLY WITH FEE REQUIREMENTS IN ARBITRATION AGREEMENTS
SB 707 requires employers to pay any arbitration fees, required by an arbitration clause or a stand-alone arbitration agreement, within 30 days after they become due or they will lose the right to compel the employee to arbitrate the dispute.
ONE-YEAR EXEMPTION FROM CERTAIN PROVISIONS OF THE CONSUMER PRIVACY ACT
The California Consumer Privacy Act of 2018 protects the privacy of applicants and employees by restricting access to data collected on them by businesses such as prospective employers. Although the original compliance deadline was January 1, 2020, this deadline has been extended to January 1, 2021 with respect to certain types of data.
EMPLOYEES CAN SEEK STATUTORY DAMAGES FOR EMPLOYER’S LATE PAYMENT OF WAGES
Until now, only the Labor Commissioner could levy penalties against employers who failed to pay their employees’ wages on time. Now, an employee can claim directly against his employer for these amounts: $100 for a first offense, and $200 for subsequent offenses or for an intentional failure plus 25 percent of the amount withheld. These amounts, of course, are calculated in addition to the payment of the back wages themselves.
CROWN ACT: PROHIBITION AGAINST RACIAL DISCRIMINATION EXPANDED TO HAIRSTYLES AND OTHER TRAITS “HISTORICALLY ASSOCIATED WITH RACE”
Employers sometimes enforce dress code requirements on their employees – prohibiting, for example, certain hair textures and hairstyles such as braids, locks, or twists. Since some of these hairstyle are historically associated with certain races, the CROWN Act prohibits these dress code requirements as unlawful racial discrimination.
Don’t Wait until an Emergency to Contact Us
Business operates within an intricate web of statutes, regulations, and judicial principles. Obviously, it is better to avoid a problem in the first place than to expend your resources constantly putting out fires. We can help. Contact CKB Vienna today by calling or visiting one of our offices in Rancho Cucamonga, Riverside, and Los Angeles, or contact us online to schedule a consultation with us.