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EMPLOYMENT LAW BULLETIN There are numerous new laws which took effect January 1st, most of which increase employers' liability. Following is a very brief summary of a few of them: Protections for transgendered employees: This new law amends the Fair Employment and Housing Act to define "gender" as including not only the person's actual gender, but also the employer's perception of the person's identify, appearance or behavior - regardless of whether that identity, appearance, or behavior differs from what is traditionally associated with the person's sex at birth. For example it would be illegal to harass or discriminate against an employee for cross-dressing. As with any other type of discrimination or harassment, the anti-discrimination part of the law applies to employers with 5 or more employees. The anti-harassment part of the law applies to all employers. Liability for harassment by non-employees: Another new California law makes employers legally liable for harassment of employees by clients or customers of the business if the employer "knew or should have known" about the harassment and failed to take immediate corrective action. This applies to all employers. "Bounty hunter law" regarding Labor Code claims: Under a new law which has been nicknamed the "bounty hunter law," employees may file private lawsuits against their employers, not only on behalf of themselves but also on behalf of other employees. This new law further encourages employees to sue their employers by providing for attorneys' fees to a prevailing employee and by allowing employees to keep 25% of anything they recover on behalf of other employees. (The other 75% is divided between the Labor and Workforce Development Agency and a General Fund.) This new law also provides monetary penalties for any violation of the Labor Code for which there were previously no penalties. For larger employers, the penalties can quickly add up, as they are $100 per each aggrieved employee for the first violation, and $200 per each aggrieved employee for subsequent violations. Whistleblower law: There is also a new whistleblower law which provides further protection to whistle- blowers by giving whistleblower protection to employees who have: (a) Disclosed a possible state or federal law violation to a government agency; (b) Refused to participate in an activity that would result in a violation of state or federal law; or (c) Exercised whistleblower rights at a former job. Violation of this new law carries a $10,000 penalty. This new law also requires employers to display yet another poster regarding employee rights. Leave for crime victims: California law now requires that employees who are the victims of serious crimes, as well as their relatives and domestic partners, can take unpaid leave from work to attend legal proceedings. This law applies to all employers. Smoking by employees: California's no-smoking law has now been expanded to prohibit smoking within 20 feet of a main exit, entrance, or operable window of any public building. Cities and counties are free to adopt more restrictive standards. Eskridge Law, Attorneys at Law, may be contacted by phone (310/792-7021), by fax (310/792-7022) or by e-mail (geskridge@ealaw.net). Please visit our web site at www.ealaw.net or www.employmentattorneys.net.
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