Ferber Law


NEW PROTECTIONS FOR VICTIMS OF SEXUAL HARASSMENT

California has passed a myriad of new laws that become effective January 1, 2019 that expand employer liability for sexual harassment. Of particular importance is SB 1343 which requires employers with 5 or more employees, including temporary and/or seasonal employees, to provide at least two hours of sexual harassment training to all supervisory employees, and at least one hour to all non-supervisory employees, every two years. Additionally, SB 820 adds Section 1001 to the California Code of Civil Procedure which now prohibits any settlement agreement entered into on or after January 1, 2019 from containing language preventing disclosure of factual information related to claims of sexual assault, sexual harassment, or discrimination based on sex. This includes severance or separation agreements. However, the name of the claimant can be kept confidential at the claimant’s request. The parties may also agree to keep the amount paid in the settlement confidential.
The statute of limitations for bringing a civil action alleging sexual assault has also been dramatically increased. AB 1619, expands the statute of limitations to the later of: (a) 10 years from the date of the last act; or, (b) 3 years from the date the person discovered or reasonably should have known of a sexual assault.
Lastly, AB 3109 makes unenforceable any provision in a settlement agreement that prevents a party from testifying in an administrative, legislative, or judicial proceeding regarding sexual harassment and or alleged criminal conduct.
Ferber Law has the expertise and knowledge to guide you as we approach 2019. Please contact Julie Ann Giammona of Ferber Law in the Brentwood satellite office at 925.529.5390 or jgiammona@ferberlaw.com. Julie Ann is a resident of Brentwood and has almost 30 years of experience representing employers in labor and employment matters. Julie Ann is a passionate and loyal advocate for business owners. She defends employers against wrongful termination, harassment, discrimination and wage and hour issues in state and federal courts, at administrative hearings, and at arbitrations and mediations. Her analytic and strategic mind allows Julie Ann to immediately spot issues and build a comprehensive plan to affect resolution. In addition to defending litigation cases on behalf of employers, Julie Ann also provides advice and counsel to employers regarding leaves of absence, compliance with wage and hour issues, discipline and termination process, drug testing, and workplace violence issues. Because of her compassion and personal investment in her client’s experience, Julie Ann quickly establishes trust with clients. Julie Ann believes treating others with dignity, respect, honesty, and integrity is the key to a lasting relationship.

DISCLAIMER: Because of the generality of this update, the information provided above should not be acted upon without specific legal advice.
Julie Ann Giammona, Of Counsel can be reached at 925-355-9800 or jgiammona@ferberlaw.com.