The #MeToo Movement and Civil Lawsuits

2018 saw the rise of a new movement – the #MeToo movement. Women began to disclose experiences of sexual harassment and abuse in the workplace. A chorus of victims stepped forward. The #MeToo movement started in October 2017 on social media. As a result of the movement, criminal cases have been brought against some o...

What Criminal Records Can’t Be Reviewed by a Prospective Employer

The new ban the box law in California provides that employers must wait until a conditional offer of employment is made before they conduct a criminal background check. The law prevents the prescreening of applicants. In this way, the decision to hire the applicant is based on his/her abilities. Once the offer of em...

Why Firing an Employee for Off-Duty Conduct May be Illegal

The San Diego Tribune reported in May 2018, that a local jury awarded a former employee nearly $18 million for wrongful termination. The jury found that the employer, Allstate, wrongfully fired the employee, Mr. Michael Tilkey, when it learned he was arrested for threatening his girlfriend – even though all the charg...

New Law Clarifies Pre-Employment Salary History Questions by Prospective Employer

Employers have the right to ask job applicants many questions but there are certain questions that are improper – out of bounds. A recent bill which was signed into law, Assembly Bill 2282, was enacted to clarify some confusion about what questions are proper and which ones are improper. Prior law Employers can...

New California Law Requires that Women Be on the Boards of Public Corporations

A new law, Senate Bill 826 will change the way corporate boards operate. The law, enacted in 2018, requires that a publicly-held corporation based in California must, by the end of 2019, have at least one woman on the board of directors of the company. Generally, the shareholders of a corporation elect the board of ...

New Laws for 2019 – Sexual Harassment and Confidentiality – Libel and Slander

Still another bill signed by Governor Jerry Brown in 2018 to protect victims of sexual harassment and abuse is AB 2770. The aim of this bill is to protect victims and employer by addressing concerns about when complaints about sexual harassment might escalate into a defamation lawsuit. Prior law Prior to Californ...

New Laws for 2019 – Sexual Harassment and Confidentiality – Waiver of Right of Petition or Free Speech

Another bill signed into law by Governor Jerry Brown in 2018 was AB 3109. The law references California’s Constitution which provides that “people have the right to petition the government for a redress of grievances and to assemble freely to consult for the common good. The California Constitution provides tha...

New Laws for 2019 – Sexual Harassment and Confidentiality – Settlements and Non-Disclosure Agreements

Another law signed by Governor Jerry Brown in 2018 was SB 820. The prior law Prior to the passage of this law, settlement agreements could not have a provision that prevented disclosing factual information, related to a civil action that creates a cause of action - for specific listed sexual offenses. The prior l...

Commonly Used Employment Laws in California

Employers must comply with the following laws according to the California Department of Fair Housing and Employment Fair Employment and Housing Act (FEHA) FEHA Regulations Department's Procedural Regulations California Family Rights Act (CFRA) New Parent Leave Act (NPLA) Unruh Civil Rights Act (Requ...