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California Updates Four HR Related Regulations

Emily Hartman /

Every month we cover the upcoming federal and state legislative and regulatory changes HR professionals need to know. Check out what you need to know to stay on top of HR.

1. Board of Director’s Mandated Gender Diversity Law Challenged

Who: Publicly-traded corporations

When: Effective Immediately

Former California Governor Brown signed legislation that by the end of December 2019, publicly held corporations must have at least 1 female board member.

By the end of 2021, if a board has 5 directors, at least 2 members will need to be women, and a board with 6 directors will need at least 3 women.

The California Secretary of State may impose fines for any violations of the bill. A first violation will be fined $100,000, and a second or additional violation(s) will be fined the amount of $300,000. It should be noted that a female director who has held a seat for at least a portion of the calendar year isn’t considered a violation. If a female doesn’t hold a seat during at least a portion of the calendar year, it is considered a violation.

How:

  • If this new law applies to your company, review your current board members to determine if you are compliant with the new law.
  • Assess board member term lengths and strategize how best to recruit female board members.

Additional Resource

SB 826

2. California Sexual Harassment Frequently Asked Questions (FAQ) Released

Who: California employers with 5+ employees

When: Available Immediately

What:

The California Department of Fair Employment and Housing (DFEH) has updated the Sexual Harassment Prevention Training FAQ to clarify questions about the requirement.

The updated FAQ addresses:

  • The required training deadline extension from January 1, 2020 to January 1, 2021.
  • Moving the deadline to complete optional training courses to early 2020.
  • Employer’s responsibility to train seasonal and temporary employees starting January 1, 2021.
  • How the DFEH defines “effective interactive training.”
  • Although they don’t need training, an employer’s employees outside of California, independent contractors, volunteers, or unpaid interns must be included when deciding if an employer has 5+ employees.

How:

Review the updated FAQ and ensure that your current anti-sexual harassment training program continues to meet the requirements.

Additional Resource

Sexual Harassment Training FAQ

3. California Posters Updated and Released

Who: California employers

When: Effective Immediately

What:

The following posters have been updated by the California Department of Fair Employment and Housing (DFEH) and Employment Development Department:

  • DFEH 100 21: Family Care and Medical Leave and Pregnancy Disability Leave
  • DFEH 185P: California Sexual Harassment Poster
  • DFEH E07P: Workplace Discrimination and Harassment
  • DFEH E049P: Transgender Rights in the Workplace Poster
  • DFEH E09P: Your Rights and Obligations as a Pregnant Employee
  • DE 2511: Paid Family Leave Insurance Program

How:

Review the current posters you have on file with the above list and ensure you have the updated posters on hand and displayed appropriately.

Additional Resources

California Department of Fair Employment and Housing

State of California Employment Development Department

4. California Truckers Labor Law On Hold

Who: Trucking industry employers and independent contractors

When: Effective Immediately

What:

In January, a California federal judge blocked a labor law that would make it easier to classify truckers as employees instead of independent contractors.

On February 3, 2020, a hearing was held to hear about various measures to edit and even repeal the law. The hearing was inconclusive, and we will continue to monitor any activity.

How:

If you work with independent truckers, continue to monitor for any changes.

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