Posted on September 24th, 2018
The metoo movement has affected more in the business world than you might have expected. Learn about the new work laws coming from the metoo movement here.
#MeToo isn’t just a social media rallying cry for women, it’s become a social phenomenon. What started as a way for people to come forward and share stories online to combat sexual harassment has turned into a worldwide call for more equal treatment.
The metoo movement has called tremendous attention to workplace behavior and beyond. As awareness spreads, those impacted by the wake of #metoo has expanded to include the business world in a way that could significantly impact your company.
Multiple pieces of legislation are moving forward on many issues related to the workplace specifically in the area of harassment. Don’t find yourself caught off guard by these changing California work laws.
Sexual Harassment is one of the most common claims we see right now. In fact I’ve been giving presentations to companies on how to avoid these type of issues.
Read on to see out how #metoo might impact your California business.
New Record-Keeping Law: AB 1867
AB 1867 has already made it to the Governor of California’s desk. This new law says employers of more than 50 employees must file for keeping harassment records for 5 years.
Under the law, employee records of alleged sexual harassment would be retained for 5 years on site. In order for a complaint to qualify, it would need to be filed through the company’s internal complaint process first.
California already requires employers to provide anti-harassment policies, including procedures through which an employee can file a complaint.
The new law would extend the record-keeping responsibilities of an employer. A record would be kept for five years from the date of the complaint, or five years from an employee leaving the company (whichever is the later date).
What is unclear is how this law would work in conjunction with California’s privacy laws. Who would have access to the files, what extent of the investigation would need to be documented, and could future employers request records of any allegations?
AB 3080: Mandatory Arbitration Ban
This law would ban employers in California from being able to enforce arbitration agreements. These agreements require an employee to negotiate over any workplace mistreatment. Mandatory arbitration prevents businesses from court appearances, making a negotiated settlements instead.
Under AB 3080, employers would no longer be able to force employees into an arbitration agreement as a condition of employment. The law also entitles workers to share information regarding sexual harassment at work among fellow employees.
If signed, this law would limit the abilities of businesses to ward off public proceedings. This newly proposed law might face conflict with federal rules on the same subject. The Supreme Court currently upholds the rights of employers to enforce arbitration agreements.
SB 1300: The Omnibus Bill
The largest of the metoo bills, this legislation would include several facets.
Specifically, it would prohibit the sole use of Brooks vs San Mateo as the guideline on which types of conduct constitute harassment. The language in Kelley vs Conco that indicates different standards regarding harassment in the workplace, depending on the type of environment, would be disapproved.
The law would also affirm the observation in Nazir vs United Air that concluded hostile work environment issues are not always “determinable on paper.”
An employer’s liability under FEHA in regards to harassment from non-employees would expand to all harassment, not just sexual. Businesses would also be allowed, but not required, to offer bystander intervention employee training.
Employers would be prohibited from requiring their workers to sign, in some cases, a FEHA rights/claims release, or any document forbidding disclosure of unlawful workplace acts.
SB 1300 would also stop any prevailing defendant from collecting attorney’s fees. The exception is litigation found “frivolous, unreasonable, or groundless when brought.”
Extending Employer Liability: AB 3081
This law would amend the Labor Code and FEHA to expand the definition of discrimination. Along with those who were victims of domestic violence, stalking, or sexual assault, victims of sexual harassment would have certain protections. Within 30 days of reporting, firing or demotion might constitute discrimination.
This law also creates liability for employers in regards to harassment of workers, similar to the current laws that maintain liability in the case of worker’s compensation and wage payment failure.
AB 1870: Extension of Time For Claims
Under current California law, complainants have one year to file a harassment claim within the workplace. This revision would extend the filing deadline to three years from the alleged incident. All types of FEHA-prohibited actions, including sexual harassment, would see their deadlines extended to three years instead of one.
Training Requirements: SB 1243
Any business with five employees or more, including temporary or seasonal hires, would be required to comply with certain training on sexual harassment. Supervisors would have to undergo at least two hours of training within six months of hire and every two years thereafter. All those in non-supervisory positions would receive one hour.
This law would also require that DFEH make available one and two-hour training videos online for employers to use. Any existing and future training materials of all kinds should be accessible in multiple languages.
The Metoo Movement Changes YOUR Workplace
As cultural attitudes shift about equality in the workplace, legislation will accompany these changes. It is important to be aware of what effects the metoo movement will have on your business practices so you can prepare for any potential conflict.
If you are facing labor laws that you feel are stacking against you, we can help. Big legal changes on the horizon don’t always have to spell trouble for your business, as long as you stay vigilant.
At Defend My Biz, we know how to navigate the complex regulations that impact business owners. Don’t get caught off guard by new laws–protect yourself by visiting us today.
If you have a question, our 15-minute consultation is free!
