Feb
19
2020
SACRAMENTO – From breastfeeding accommodations to gender pay equity to combatting bias against hairstyles, several new laws took effect last month that impact California workers and their jobs. While AB 5 – the landmark bill regulating whether workers are employees or independent contractors – dominated headlines, there are 10 laws now on the books that will also have a significant impact on the workplace.
Saying “no” to privatized justice
Our labor laws mean nothing if workers are forced to waive those rights by signing a mandatory arbitration agreement. These agreements operate to suppress workplace claims by barring workers from bringing a lawsuit and exposing workplace abuse.
California law should now prohibit employers from coercing workers into signing these arbitration agreements as a condition of employment, but the law already is being challenged in court. If the challenge fails, workers could reject a mandatory arbitration agreement (making arbitration truly optional to resolve an employment dispute). Importantly, the new law also protects workers from retaliation – meaning they cannot be fired or not hired – if they refuse to sign an arbitration agreement.
For workers who do end up in arbitration, the odds are stacked against them. Increasingly, employers are refusing to even pay their share of arbitration fees, as a way to stall cases indefinitely. Now another new law will level the playing field by empowering workers to proceed to court, instead of arbitration, if the employer delays paying their share of fees.
Greater protections for harassment survivors
State lawmakers have continued advancing #MeToo reforms to combat sexual harassment. Now, workers have an extra two years to bring harassment or discrimination claims under California’s Fair Employment and Housing Act. Also, building on the new law that bans secrecy around sexual harassment settlements, employers can no longer use “no-rehire” clauses – which punish victims by barring future employment with the employer and related entities, as a condition of settling.
A more equitable workplace
Workplace equity is the focus of several new measures now taking effect. First, many working mothers will have safe and clean lactation rooms with access to water, electricity, and refrigeration. Second, the CROWN Act will combat workplace bias against hairstyles that disproportionately impacts African American women. This new law will make it unlawful to discriminate against natural hairstyles and textures historically associated with race.
Equity extends beyond the traditional workplace, as exemplified by the US Women’s National soccer team in their quest for their fourth World Cup – which featured a prize pool valued at a paltry one-tenth of the men’s tournament. California will do its part by requiring permitted events on public lands to offer equal prize money, regardless of gender.
Finally, a new law will allow workers to collect a monetary penalty from their employer if they are paid late. This escalating penalty will deter repeat offenders and encourage employers to always pay their workers on time.
A justice system for all
Earlier this year, the Chief Justice of the California Supreme Court spoke out about the chilling effect of recent arrests of undocumented immigrants in our state’s courthouses. California law will now protect undocumented workers from civil arrest while attending a proceeding or other legal business in the courthouse.
California also took another step towards the promise of equal justice under the law. Soon, all judges, public-facing court staff, and attorneys will be required to attend implicit bias training to help identify their own biases in order to more fairly uphold our laws.
The upcoming legislative session is already looking packed, with proposals on major issues, such as workplace privacy, paid family leave, and adjustments to AB 5. We hope you stay tuned.
About Ken Wang, Esq.
Legislative Policy Associate, California Employment Lawyers Association
