Expanded Sexual Harassment Protections in California

October 11, 2018

On Sept. 30, 2018, California Governor Jerry Brown signed into law a series of bills relating to sexual harassment in the workplace.

A number of the new laws deal with issues of confidentiality and non-disclosure surrounding claims of sexual harassment. One of these, Senate Bill 820 prohibits non-disclosure agreements and secret settlement agreements relating to certain claims of sexual misconduct. Assembly Bill 3109 makes unenforceable any provision in a contract or settlement agreement that waives a party’s right to testify in an administrative, legislative or judicial proceeding concerning alleged criminal conduct or sexual harassment. Both laws go into effect Jan. 1, 2019.

Other laws increase the standards for sexual harassment training and education in the workplace. Senate Bill 1343 makes a number of changes to workplace sexual harassment training requirements, including the mandate that all employees receive one hour of interactive sexual harassment training and education within six months of hire, and every two years thereafter. The first round of training must be completed by Jan. 1, 2020. Seasonal and temporary workers also must be trained within their first 30 days or 100 hours of work beginning Jan. 1, 2020.  These changes are in addition to the existing California requirement that supervisors receive two hours of sexual harassment training every two years. Assembly Bill 2338 applies to the entertainment industry in particular. The law requires talent agencies to provide educational materials on sexual harassment to its artists as part of the California Labor Commissioner’s licensing requirement. It also requires that age-eligible minors and their legal guardians receive and complete training in sexual harassment prior to the issuance of a permit to employ a minor in the entertainment industry.

For a complete list of the new changes and to find more information, click here.

If you have any questions, please email Compliance@castandcrew.com.

The proceeding information is provided for informational purposes only, should not be construed as or relied upon as legal advice and is subject to change without notice. If you have questions concerning particular situations, specific payroll administration or labor relations issues, please contact your counsel.

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