Amy L. Lessa, Esq. FISHER & PHILLIPS LLP 4225 Executive Square, Suite 950 La Jolla, California 92037 phone: (858) 597-9600 fax:      (858) 597-9601 www.laborlawyers.com

EMPLOYMENT RELATED BILLS

AB 2095 – Clarifications Regarding Supervisor Sexual Harassment Training: AB 1825, the bill that enacted the requirement that all supervisors receive two hours of training on the topic of sexual harassment was silent regarding the supervisor’s location. Arguably, under AB 1825, any employer with 50 or more employees in California is required to train out of state supervisors if they supervised California employees in any way. This bill would clarify that only supervisors located in California would be subject to the training requirements.

AB 1912 – Firearms in the Workplace: Existing law prohibits employers from using certain inquiries or specific actions or refusals by employees or applicants as a basis for discharging or refusing to hire employees or applicants. Existing law provides that a knowing and intentional violation of these provisions constitutes a misdemeanor. This bill would prohibit an employer from discharging or refusing to hire an employee or applicant on the basis that the employee or applicant legally stores a firearm in his or her vehicle at the worksite. Other states currently provide protections for employees who keep licensed firearms in their vehicles at work. The bill was withdrawn by the author at the second hearing in committee and is currently dead.

SB 1489 – Attorney General Recovery of Fees and Costs Against Employers: This bill would repeal and re-enact existing Code of Civil Procedure section 1021.8, which provides for the award of expert fees, reasonable attorney's fees, and costs in civil actions in which the Attorney General (AG) prevails. The bill arises because of a Tehama County Superior Court decision holding that the statute is invalid because it was enacted in legislation that violated the single-subject rule. A measure last year would have accomplished this goal, but it was vetoed by the Governor who asserted concerns about that bill's impact on suits against businesses by outside counsel retained by the AG. In response to the Governor's veto message, this bill would provide that the statute does not authorize recovery of fees and costs for private counsel unless certain existing Government Code requirements are met. Opponents argue that the bill would dramatically drive up the costs to businesses and taxpayers in the state without providing any corresponding benefit.

SB 1414 - Health Care Tax: This bill creates the California Fair Share Health Care Act that would impose a tax on employers in the state with more than 10,000 employees to spend the equivalent of 8 percent of their total payroll on health care or pay the equivalent amount to the state. The bill’s author says it is aimed at large employers, such as Wal-Mart but opponents argue it will trigger job losses due to the increased cost of doing business in California.

SB 1745 – New Employment-Based Lawsuits: This bill seeks to establish a new ability to file employment-related lawsuits. SB 1745 establishes a statutory statement of public policy prohibiting any person from discharging or harassing any individual, or otherwise discriminating or retaliating against any individual in compensation, or in other terms, conditions or privileges of employment, because the individual is a victim of domestic violence, sexual assault or stalking. Supporters of the bill state that up to one-half of domestic violence victims report that they have lost a job due to the violence and 50% of sexual assault victims report losing jobs in the aftermath of the crime. Prior versions of the bill proposed to add “a person’s status as a victim of domestic violence, sexual assault, or stalking” to the classes protected under the Fair Employment and Housing Act (FEHA). The revised bill has reduced the scope of the billconsiderably. As amended, the bill no longer addresses housing issues, and with respect to employment would no longer create a cause of action under the FEHA with its attendant administrative procedures, notice requirements and attorney's fees provisions. Instead, the bill now offers a straightforward statement of public policy to the effect that discharge and other adverse actions against victims of these crimes is contrary to public policy.

This column is intended to provide general information and does not constitute legal advice. Fisher & Phillips LLP is a national law firm representing employers exclusively in labor and employment matters. Visit our website at www.laborlawyers.com.