Both the Assembly and Senate this week voted to send labor bills to the other house for consideration:
- AB 171 by Assemblymember Lorena Gonzalez (D-San Diego) adds sexual harassment protections for workers into the Labor Code (protections already exist in the Government Code as part of FEHA) and creates a new rebuttable presumption of retaliation if the employer takes an adverse action against the employee within 90 days of learning that the employee has been sexually harassed.
- AB 196 by Assemblymember Lorena Gonzalez (D-San Diego) would increase the wage replacement rate for paid family leave claims to 100 percent of a worker’s highest quarterly earnings in the past 18 months, subject to existing limits on maximum weekly benefit amounts.
- AB 403 by Assemblymember Ash Kalra (D-San Jose) would extend the period for an employee to file a complaint with the labor commissioner to two years, and would also create a new one-sided attorney’s fees provision in the Labor Code’s retaliation provision.
- AB 406 by Assemblymember Monique Limon (D-Santa Barbara) would require the Employment Development Department to offer the application for family temporary disability insurance benefits to be available in languages other than English that are commonly spoken in California.
- AB 1478 by Assemblymember Monique Limon (D-Santa Barbara) would create a new a private right of action for an employee who is discharged, discriminated or retaliated against by their employer due to, among other reasons, their status of being a victim of domestic violence, sexual assault, or stalking, and entitles a prevailing employee in such an action to recover their attorney’s fees.
- SB 171 by Senator Hannah-Beth Jackson (D-Santa Barbara) would require employers that have 100 or more employees and are required to file an annual Employer Information Report (EEO-1) under federal law to also submit a pay data report to the Department of Fair Employment and Housing (DFEH) that covers the prior calendar year.
More labor bills will be up for a floor vote in the Assembly and Senate next week.