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California Adopts Unprecedented "Yes Means Yes" Law, Changing the Way Colleges Must Investigate Sexual Assault Allegations

On September 28, 2014, California Governor Jerry Brown announced that he had signed SB967, the so-called Yes Means Yes bill into law.

San Diego Minimum Wage Ordinance Put On Ice

San Diego’s hotly contested minimum wage ordinance has been put on ice until at least 2016. The City Council approved the ordinance in July and then later overrode the mayor’s veto. A petition drive by San Diego business leaders has now succeeded in forcing the issue to the ballot.

CALIFORNIA REQUIRES ABUSIVE CONDUCT TRAINING

California has become one of the first states to require employers to provide preventive training on "abusive conduct" in the workplace. “Abusive conduct” is a broader and vaguer standard than unlawful harassment. The new law, AB 2053, modifies the requirements of AB 1825, the now-familiar California law that mandates bi-annual, anti-harassment training for supervisors.

California Law Expands Scope of Liability of Employers that Use Labor Contractors

Executive Summary: California employers that hire temporary workers now share liability with staffing agencies for certain violations of the state's labor laws. On September 28, 2014, California Governor Jerry Brown signed into law Assembly Bill 1897, a controversial bill that significantly expands the scope of liability of employers that contract with staffing agencies. The full text of the bill is available on the California Legislature's website: http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140AB1897.

Bullying in the Workplace: California’s New Training Requirement

Everyone remembers a bully in junior high school. She might have been the mean girl who told others not to be your friend, or the brute who inflicted his cruelty with wedgies and half nelsons. Sadly, some people never graduate from junior high—mentally, at least—and some of those miscreants are now employed in your workplace. What is an employer to do? California has an answer.

Professor’s Refusal to Undergo Fitness-for-Duty Exam Warranted Termination, California Court Rules

A university properly terminated a professor for failing to undergo a fitness-for-duty examination after he had engaged in instances of threatening behavior, the California Court of Appeal has ruled, affirming a judgment in favor of the University of San Francisco on a professor’s alleged disability discrimination claims under the Fair Employment and Housing Act (“FEHA”). Kao v. University of San Francisco, No. A135750 (Cal. Ct. App. Sept. 2, 2014). Significantly, the Court ruled the University was not required to engage in an “interactive process” before requesting the examination because the professor never sought any accommodation for any disability.

Governor Brown Signs End of Session Employment Laws Part II

Here are some of the other employment laws that Governor Jerry Brown has signed, which will result in new obligations and liabilities in 2015.

California Expands Training and Staffing Requirements for Assisted Living Facilities and Enacts Workplace Safety Bill to Address Violence in Hospitals

California recently enacted two laws that expand the training and staffing requirements for assisted living facilities in the state and another measure that requires hospitals to implement a workplace violence prevention plan.

California Takes the Lead Again in Data Breach Laws

California has taken the lead once again in the area of data breach notification laws. In 2002, California was the first state to pass a law requiring companies to notify affected individuals of the breach of their personal information. On September 30, 2014, California’s governor signed into law the first statute requiring businesses to provide free identity theft prevention services to subjects of a breach.

New California Law Requires Sexual Harassment Prevention Training for Farm Labor Contractors

An amendment to the California Farm Labor Contractor Act requires that farm labor contractors participate in at least one hour of sexual harassment prevention training each year. In addition, the amendment requires that an applicant for licensure as a farm labor contractor execute a written statement attesting that the contractor’s members of management have been trained in the prevention of sexual harassment.