The Lester & Cantrell Legal Blog

SB 1976 requires private permanent location for lactation purposes

A new workplace law affecting employers is SB 1976, which now requires businesses to provide a location other than a bathroom for new mothers who would like to express breast milk for their children. Photo by Humphrey Muleba on Unsplash

A new workplace law affecting employers is SB 1976, which now requires businesses to provide a location other than a bathroom for new mothers who would like to express breast milk for their children. This changes the previous law which states that employers should provide a space other than a toilet stall for lactation. Now, the location must be somewhere outside a bathroom, and preferably a permanent location.

If a permanent location is not possible for a business due to operational, financial, or space limitations, the SB 1976 law states that the temporary location is private, free from intrusion, and not used for any other purposes while being used for lactation.

Employers must prove undue hardship if they are unable to provide a location other than a toilet stall for their employees. An exception for SB 1976 is made for agricultural employers – who may allow employees to use an air-conditioned cab of a tractor or truck. The law goes into effect Jan. 1, 2019.

Photo by Humphrey Muleba on Unsplash

Disclaimer

The blog posts and e-newsletters from Lester & Cantrell, LLP are for informational purposes only and not for the purpose of providing legal advice. Please contact our attorneys to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the e-mail links contained within the site do not create an attorney-client relationship between Lester & Cantrell, LLP and the user. Any opinions expressed on our blogs/e-newsletters are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

Employee Voting Leave Requirements

Tomorrow is Election Day, which means that all businesses must allow their employees to take up to two paid hours to vote - either at the beginning or the end of their shift. Photo by Element5 Digital on Unsplash.

Photo by Element5 Digital on Unsplash.

Tomorrow is Election Day, which means that all businesses must allow their employees to take up to two paid hours to vote – either at the beginning or the end of their shift.

Employers have the option to allow for a different time off during the shift if it’s mutually agreeable to the employee. Employees should give at least two days notice if they would like to vote during a different time of their work shift.

Remember that employers should always display posters describing the above voting leave privileges at least 10 days before every state election. You can find the poster here.

The California polls open tomorrow, Nov. 6, at 7 a.m. and close at 8 p.m.

Disclaimer
The blog posts and e-newsletters from Lester & Cantrell, LLP are for informational purposes only and not for the purpose of providing legal advice. Please contact our attorneys to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the e-mail links contained within the site do not create an attorney-client relationship between Lester & Cantrell, LLP and the user. Any opinions expressed on our blogs/e-newsletters are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

AB 3109 voids contract provisions that prevent individuals from testifying

Yet another #MeToo bill to be signed by Governor Brown is AB 3109, which centers around disclosure of sexual harassment.

Photo by rawpixel on Unsplash

Yet another #MeToo bill to be signed by Governor Brown is AB 3109, which centers around disclosure of sexual harassment. Effective January 1, 2019, the new law voids any provision in a settlement agreement or contract that waives a party’s right to testify about sexual harassment or criminal conduct in an administrative, legislative, or judicial proceeding.

The new law applies to any contracts or settlement agreements signed on or after January 1, 2019.

Read more

Disclaimer

The blog posts and e-newsletters from Lester & Cantrell, LLP are for informational purposes only and not for the purpose of providing legal advice. Please contact our attorneys to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the e-mail links contained within the site do not create an attorney-client relationship between Lester & Cantrell, LLP and the user. Any opinions expressed on our blogs/e-newsletters are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

SB 1343 Expands California Sexual Harassment Training Requirements

SB 1343 requires businesses with at least five employees to provide sexual harassment training to supervisors and non-supervisory employees. Photo by rawpixel on Unsplash.

SB 1343 requires businesses with at least five employees to provide sexual harassment training to supervisors and non-supervisory employees. Photo by rawpixel on Unsplash.

Since 2005, California businesses with 50 or more employees have been required to provide biannual sexual harassment training to all supervisors.

Senate Bill 1343, signed by Governor Jerry Brown, drops that number to businesses with at least five employees, and adds non-supervisory employees to the training mandate.

The law outlines that supervisors must receive at least two hours of sexual harassment prevention training and all non-supervisory employees should receive at least one hour of the training by January 1, 2020. It also specifies that the training must be provided every two years.

Additionally, the new law requires California Department of Fair Employment and Housing (DFEH) to develop the one-hour and two-hour anti-sexual harassment training courses and make it available on its website. Businesses are allowed the option to develop their own courses, as long as it complies with the new law.

For more details on SB 1343, go to https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180SB1343

Disclaimer
The blog posts and e-newsletters from Lester & Cantrell, LLP are for informational purposes only and not for the purpose of providing legal advice. Please contact our attorneys to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the e-mail links contained within the site do not create an attorney-client relationship between Lester & Cantrell, LLP and the user. Any opinions expressed on our blogs/e-newsletters are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

Lester & Cantrell welcomes Attorney Stephen Reider

Lester & Cantrell, LLP is pleased to announce that attorney Stephen Reider has joined the firm.

Stephen graduated from University of California Riverside with a degree in Philosophy. He attended law school at Gonzaga University School of Law in Spokane, Washington, and was admitted to the California State Bar in 2012.  Stephen currently supports areas of practice in professional liability and commercial litigation.

Stephen’s legal career has touched on a variety of different areas of the law, giving him a unique perspective on his client’s matters.  His broad experience includes representing defendants in consumer debt litigation, debtors in Chapter 7 and 11 bankruptcy filings, trustees in Chapter 7 bankruptcy and adversary proceedings, and even petitioners in immigration matters.  Because of his experience and nature, Stephen is a versatile, diligent, and knowledgeable attorney with a passion for working hard to aid his clients in obtaining the best possible result for their situation.

 

SB820 forbids sexual harassment nondisclosure agreements

Authored by Sen. Connie Leyva, D-Chino (San Bernardino County), SB820 is yet another bill spawned by the #MeToo movement.

Authored by Sen. Connie Leyva, D-Chino, SB820 is yet another bill spawned by the #MeToo movement.

A new law signed by Jerry Brown prohibits California employers from requiring workers to sign nondisclosure agreements as part of sexual harassment, sexual assault and discrimination cases.

Authored by Sen. Connie Leyva, D-Chino, SB820 is yet another bill spawned by the #MeToo movement. It is also known as the STAND (Stand Together Against Non-Disclosures) Act. 

The Legislature had previously required employees to sign nondisclosure agreements as part of settlements. Leyva’s bill aims to ensure victims are not forced into silence while serial sex offenders continue to work. The bill allows victims to keep their names private, however the identity of the attacker cannot be confidential. It applies to public, private and legislative employers, and goes into effect on Jan. 1, 2019.

“For decades, secret settlements have been used by wealthy and well-connected perpetrators to offend repeatedly with no public accountability,” said Leyva in a statement for the Sacramento Bee. “This critical legislation will empower victims and offer them the opportunity to finally say #TimesUp to those that have hurt them.”

Read more about the bill at https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180SB820

Photo by Mihai Surdu on Unsplash

Disclaimer

The blog posts and e-newsletters from Lester & Cantrell, LLP are for informational purposes only and not for the purpose of providing legal advice. Please contact our attorneys to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the e-mail links contained within the site do not create an attorney-client relationship between Lester & Cantrell, LLP and the user. Any opinions expressed on our blogs/e-newsletters are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.