2019 Labor Law Update
With every new year comes new laws rolled down the hill from our friends in Sacramento. This year is no different with some sweeping laws and some smaller changes to existing laws that will affect all small businesses in the golden state. As always, Infinium HR is here to make it easy to be a small business employer, so we have the information you need with our 2019 Labor Law Update.
Most of the new laws, and the most impactful seem to coincide with the recent #MeToo movement and relate to increased sexual harassment training requirements. There are also other changes that are significant that you may want to take note. Here is our initial breakdown of the 2019 Labor Law changes, more info to come.
Sexual Harassment Prevention Training
Current law requires employers with 50 or more employees to provide supervisors with two hours of sexual harassment training within six months of hire or promotion. Beginning January 1, 2020, all employers with five or more employees will be required to provide two hours of sexual harassment training to supervisors and one hour to non-supervisory employees within six months of hire or promotion, and every two years after that. The Department of Fair Employment and Housing will be required to provide an online training course that meets the new legal requirements.
Sexual Harassment Lawsuits
In this sweeping new law, the legislature declared its intent to create a much lower bar for employees to bring harassment lawsuits and limited the ability of employers to obtain summary judgment in such cases.
Sexual Harassment Defamation Protection
Under this bill, employers and victims of sexual harassment will be protected from liability for defamation lawsuits for injury to an alleged harasser’s reputation after a complaint of sexual harassment has been made. An employee who makes credible reports of harassment will be shielded from liability, as will an employer who communicates with interested parties such as victims and witnesses. When contacted for a job reference about a current or former employee, an employer will now be permitted to reveal whether the individual is not eligible for rehire because the employer determined that he/she engaged in sexual harassment.
Salary History
This new law clears up ambiguities in last year’s AB 168, the ban on salary history inquiries and the requirement to provide pay scales to applicants. The Labor Code will now specify that employers may inquire about an applicant’s salary expectations for the position being applied for. External applicants (not current employees) are entitled to a pay scale upon request, but only after completing an initial interview.
Lactation Accommodation
Under current state law an employer must provide a location other than a toilet stall for an employee to express breast milk. The location must also be private and in close proximity to the employee’s work area. This law requires that the employer provide a location other than a “bathroom,” rather than a “toilet stall.” As a result, employers cannot designate a bathroom as a designated space to express breast milk.
So, bottom line, there is good news and bad news for employers. More bad news as compliance with this new Sexual Harassment training law will be the most difficult to manage. We’ll be working on a simple way to ensure our clients have an easy way to comply, but more importantly, an effective plan to prevent and manage harassment and abusive conduct claims.
If you have any questions on these new laws, please contact Infinium HR and we’ll help you in any way we can.