September 2019 – CalSHRM Legislative Report
The 2019 California Legislative Session drew to a close with the expiration of the September 13th deadline to pass bills and forward them to Governor Gavin Newsom. Overall, this session was quite active as there have already been several bills already signed into law, including laws to:
- Delay the new harassment training deadlines for smaller employers and non-supervisory employees from January 1, 2020 to January 1, 2021 and to clarify that employees who received sexual harassment training in 2018 need not be re-trained in 2019 (SB 778);
- Amend the Fair Employment and Housing Act to preclude racial discrimination related to hairstyles (SB 188);
- Update the requirements and procedures for reporting serious workplace injuries (AB 1804 and AB 1805).
- Require employers provide additional notices related to deadlines for flexible spending accounts (AB 1554); and
- Prohibit employers from requiring employees to bring their mail in election ballots to work (AB 17).
The legislature also passed and forwarded to the governor a number of employment-related bills, including bills to:
- Prohibit mandatory pre-employment arbitration agreements for FEHA and/or Labor Code violations (AB 51);
- Amend the Labor Code to preclude discrimination or retaliation against sexual harassment victims and their family members (AB 171);
- Extend the statute of limitations for FEHA claims from one to three years (AB 9) and for Labor Code claims from six months to two years (AB 403); Codify the California Supreme Court’s Dynamex ruling regarding independent contractors while identifying various exemptions (AB 5);
- Require employers to provide up to an additional thirty days of unpaid leave for organ donations (AB 1223);
- Further expand workplace lactation accommodation requirements (SB 142);
- Amend the California Consumer Privacy Act to temporarily exclude information gathered by employers in the employment context (AB 25); and
- Prohibit so-called “no rehire” provisions in employment-related settlement agreements (AB 749). Governor Newsom has until October 13, 2019 to sign or veto these bills.