Seyfarth Synopsis: Summertime is here. That time of year when wildflowers cover the landscape, birds are singing, and summer love is in the air—and that air may just drift into the workplace. And while a budding relationship seems innocent enough, the thorny reality of potential harassment, quid pro quo, hostile work environment, and other claims stemming from the demise
Continue Reading Wildflowers Are Not Intentionally Planted—Workplace Relationship Policies Can Be

Seyfarth Synopsis: California has long prohibited sexual harassment in various types of relationships, including employment relationships, and in other professional and business relationships which have elements of power imbalance. Although the right to sue for sexual harassment in business and professional relationships has been part of the fabric of California law for decades, in recent years, the legislature has taken
Continue Reading Prohibiting Sexual Harassment in Non-Employment Professional Relationships

Seyfarth Synopsis: September 30 was Governor Newsom’s last day to sign or veto bills the Legislature passed by its August 31 deadline. Some new laws—including COVID-19 supplemental paid sick leave and workers’ compensation presumption—became effective immediately upon signing. Others—such as an expansion of CFRA and other leave rights, an EEO-1-like annual pay data report, and (believe it
Continue Reading Pen Down, Governor Newsom: California’s Newest Employment Laws

Seyfarth Synopsis: The California Legislature has passed a series of employment-related bills for Governor Newsom to consider. He has until September 30 to approve or veto these bills, most of which relate to leaves of absence and COVID relief.

Monday, August 31st (or, really, the wee hours of September 1) marked the Legislature’s last day to pass bills to Governor
Continue Reading California Employment Legislative Update: Time for Governor Newsom to Get to Work

Seyfarth Synopsis: Governor Newsom has approved some of the bills most feared by employers, including bills to ban employment arbitration, extend FEHA administrative deadlines, codify the Dynamex ABC test, and create San Francisco-style lactation-accommodation requirements. Governor Newsom also vetoed a few bills that we might expect to be re-introduced in the same or similar form during 2020.

Governor Newsom acted
Continue Reading Legislative Update: Governor Newsom Pens Halloween Terrors for California Employers

Seyfarth Synopsis: The California Legislature has passed a series of bills for Governor Newsom to consider. He now has until October 13 to approve or veto bills such as a Dynamex codification bill and a San Francisco-inspired lactation accommodation bill.

Friday, September 13th marked the Legislature’s last day to pass bills to Governor Newsom’s desk for approval in the first
Continue Reading California Employment Legislative Update: Governor Newsom Gets to Work

Seyfarth Synopsis: California employers racing to ensure all their employees receive mandatory harassment training by the end of the year can now take their foot off the gas. In response to an outcry from employer groups regarding the challenge of compliance at breakneck speed, the Legislature and Governor Newsom have extended the new training deadline for a year.

Faithful readers
Continue Reading Governor Newsom Pumps Brakes On New Sexual Harassment Training Requirements

Seyfarth Synopsis: A new set of proposed regulations requires all janitorial employees and their supervisors to receive two hours of in-person, interactive sexual harassment training every two years.

The Property Service Workers Protection Act of 2016 requires employers with at least one janitorial worker (including front line cleaners) to provide biennial sexual violence and harassment prevention training to janitorial employees
Continue Reading Time to Clean Up Janitorial Training

Seyfarth Synopsis: It is important for companies to investigate internal sexual harassment complaints and take prompt, appropriate corrective action. This post provides a six-step roadmap of best practices for handling sexual harassment complaints.

1.   Plan Ahead


Continue Reading You’ve Got An Internal Sexual Harassment Complaint: Now What?

Seyfarth Synopsis: For certain employment-related contracts, California legislation effective January 1, 2019, will limit efforts to prevent disclosure of information relating to claims of unlawful acts and sexual harassment in the workplace. Read on for the devilish details.

California employers will soon have to heed a new crop of laws, born of the #MeToo movement, which will limit the terms
Continue Reading California Responds to #MeToo: Three New Laws Limit Contractual Confidentiality