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Work It: What California Employers Should Know About New Laws for 2019

*Originally published by CalCPA in the January/February 2019 issue of California CPA — the original article can be found here.

As the #MeToo movement gained momentum to right the wrongs of sexual harassment alleged against Hollywood, business and politicians, so too has the California Legislature responded by declaring, in essence, #TimesUp.

Of the nearly 600 bills introduced in 2018 that mention “employer,” compared to 304 bills in 2017) 455 mentioned “sexual harassment,” (compared to 347 the prior year). While most of those bills did not pass, and of the ones that did, Gov. Brown did not sign several into law, many of the new laws will have significant impact on our state.

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Philadelphia Enacts a Fair Workweek Law

On December 6, 2018, the Philadelphia Council voted 14-3 to pass a Fair Workweek bill, which Mayor Kenney is expected to sign. Once signed, the ordinance would take effect on January 1, 2020, and is expected to impact roughly 130,000 workers. The Fair Workweek ordinance will apply to employers with more than 250 employees and over 30 locations (including Philadelphia) worldwide. It will require employers in the retail, fast-food, and hospitality industries to provide advance written notice of work schedules and predictability pay to their service workers. Other cities that enacted similar Fair Workweek laws include New York, San Francisco, San Jose, Emeryville and Seattle.

New Jersey Department of Labor Releases Required New Jersey Paid Sick Leave Poster and Proposed Paid Sick Leave Regulations

The New Jersey Paid Sick Leave Act (NJPSLA) takes effect on October 29, 2018. For information about the law’s provisions, please see our prior blog. The New Jersey Department of Labor and Workforce Development (NJDOL) also released an FAQ regarding the new law, as well as proposed regulations in connection with the law and the required notice that employers must post in the workplace and provide to all New Jersey employees.

The NJDOL released the notice on October 3, 2018. Employers can find a copy of the notice on the NJDOL’s website. A New Jersey employer is required to post the notice in a conspicuous place that is accessible to all employees in each of the employer’s locations. Employers must also (1) provide all employees with the notice by November 29, 2018; (2) provide all subsequently hired employees with the notice at the time of hiring; and (3) provide every employee with the notice upon his or her first request. Employers do not have to obtain signed acknowledgments from employees indicating that they have received the notice, but employers may wish to do so to avoid disputes over whether they have satisfied this requirement.

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Summary of Key New California Laws for 2019 (and Beyond): What Employers Should Know

In 2018, Governor Brown signed several laws impacting California employers. A summary of some of the key new laws follows. The effective date of each new law is indicated in the heading of the Assembly Bill (AB) and/or Senate Bill (SB).¹ The list below is in numerical order by AB or SB.

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Anti-Harassment Training Update for New York Employers: Are You Compliant?

In April, New York governor Andrew Cuomo signed a sweeping budget bill, which included several major amendments to the New York Human Rights Law (NYHRL). One of the most significant aspects of the bill was the mandate that New York employers adopt robust sexual harassment policies as well as provide mandatory anti-sexual harassment training to all employees, not just managers. Specifically, the law requires employers with four (4) or more employees to adopt sexual harassment policies and training consistent with a model policy and model training prepared jointly by the Commissioner of Labor and the New York State Human Rights Division.

That law became effective on October 9, 2018, and New York state has finally released the model materials, an online “Toolkit for Employers”, including a model sexual harassment policy, a model complaint form, and a model interactive training program. All of the state’s model materials are accessible to employers via a website set up by the government.

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Do Your Employees Use Cell Phones for Work While Driving?

Many employers have policies regarding the use of cell phones while driving, including the requirement to use the car’s hands-free, Bluetooth phone system, and abide by all applicable laws. But what happens when an employee still abides by the employer’s policy, is involved in a car accident, and causes injuries to a third party? Can the employer be held liable under the theory of respondeat superior?

Well, it depends on the facts and circumstances of the case. By way of background, respondeat superior means that an employer is vicariously liable for the torts of its employees when these employees commit the wrongful acts within the scope of their employment. California courts have held that the determination of whether an employee has acted within the scope of employment is a question of fact, but it also can be a question of law in circumstances where the facts cannot be disputed and there can be no conflicting inferences possible.

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