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January 2019 Archives

Employers' right to silence sexual harassment victims restricted under new California law

Under Assembly Bill 3109 (AB-3109), any contract or settlement agreement will be deemed void and unenforceable if it contains a provision waiving a party's right to testify regarding criminal conduct or sexual harassment by the other party or the other party's employees or agents in an administrative, legislative or judicial proceeding.

Nursing mothers must be provided location other than bathroom to express milk per new California employment law

California employers were already required to provide employees with a reasonable break time and a reasonable room or other location, "other than a toilet stall," for the purposes of expressing milk. That, however, is no longer enough thanks to the passage of Assembly Bill 1976 (AB-1976). Employers are now required to make reasonable efforts to provide employees with use of a room or other location, other than a bathroom, for purposes of expressing milk.

116th Congress bans LGBTQ job discrimination in the House

The legislative gains advanced by the LGBTQ community in California have spread all the way to the nation's capital. With the Democrats taking control of the 116th Congress on Jan. 3, they voted to update the rules for employment at the House of Representatives by banning job discrimination against LGBTQ people. A representative who is an open member of the LGBTQ demographic pushed for the change.

California employers new sexual harassment training laws

California employers may need to revisit their sexual-harassment-prevention training to ensure compliance with the newly enacted Senate Bill 1343 (SB 1343). Prior to SB 1343, only businesses employing 50 or more workers were required to provide sexual-harassment-prevention training to supervisory employees.

No more secret "me too" settlements in California

Sexual harassment and/or discrimination settlement agreements have often included confidentiality provisions or non-disclosure agreements (NDAs) prohibiting victims from disclosing terms of settlement and the underlying facts of their claim. Beginning January 1, 2019, however, any settlement agreement containing an NDA clause will be considered void.

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The Rutten Law Firm, APC

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