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HOT ISSUES for the Week of March 4, 2019
Wednesday, March 6
Labor and Employment
OPPOSE AB 9 (Reyes; D-San Bernardino) Extension of Statute of Limitations — Unnecessarily extends the statute of limitations from one year to three years for all discrimination, harassment and retaliation claims filed with the Department of Fair Employment and Housing. Assembly Labor and Employment Committee.
OPPOSE AB 170 (Gonzalez; D-San Diego) Labor Contractor Joint Liability — Expands joint liability for labor contractors to all employment-related harassment claims. There is no basis for holding a business that contracts for services statutorily liable for the harassment of another’s employees when there is no way in which that contractor can engage or force a labor contract company to comply with provisions of the Fair Employment and Housing Act or the Labor Code. Assembly Labor and Employment Committee.
OPPOSE AB 171 (Gonzalez; D-San Diego) Sexual Harassment Retaliation Requirements — Places additional and duplicative, sexual harassment protections in the Labor Code, which are already protected under the Fair Employment and Housing Act (FEHA) exposing employers to additional liability including Private Attorneys General Act (PAGA) claims. Assembly Labor and Employment Committee.
Legal Reform and Protection
OPPOSE AB 51 (Gonzalez; D-San Diego) Ban on Settlement Agreements and Arbitration Agreements — Significantly expands employment litigation and increases costs for employers and employees by banning settlement agreements for labor and employment claims as well as arbitration agreements made as a condition of employment, which is likely preempted under the Federal Arbitration Act and will only delay the resolution of claims. Banning such agreements benefits the trial attorneys, not the employer or employee. Assembly Labor and Employment Committee.