1. CGA Educational Foundation Webinar Series
Honoring Joe Falvey, SUPERVALU/UNFI & Jim Van Gorkom, NuCal Foods. Visit for more information

2. Webinar Instructions
Can’t hear the program? Click the phone request button on the Participants tab to request a dial-in phone number.

3. Workplace Harassment Prevention Training
100% online training
Customized to the Grocery Industry
Meets California law
CGA Members receive considerable savings
Visit CGAEF.org to learn more

4. CGAEF Disclaimer
By hosting this Webinar, California Grocers Association (CGA) and the CGA Educational Foundation (CGAEF) are providing an opportunity for their members and attendees to learn general information that may be of interest to your company. The Webinar is designed to provide practical and useful information on the subject matter covered. However, CGA is not engaged in rendering legal, accounting or other professional advice or services.
CGA/CGAEF does not review or approve the content of the webinar presented by guest speakers and others, and makes no representations or warranties about the accuracy or legality of any legal or other recommendations provided during the webinar. If legal advice or other expert assistance is required, the services of a competent professional should be sought.

5. NEW LAWS AB 1976 Lactation Accomodation
AB Salary History – clean up
SB Secret Settlement Nondisclosure Agreements
SB Nondisparagement Agreements
SB Sexual Harassment Training

6. Update on previous legislation
Minimum wage increase
Janitorial Service registration requirements

7. Lactation Accommodation Obligations EFFECTIVE: January 1, 2019
AB 1976 (Limon)
Lactation Accommodation Obligations
EFFECTIVE: January 1, 2019

8. AB 1976
Requires employers to make reasonable efforts to provide a room ‘other than a bathroom’ to accommodate employees expressing breastmilk.
Authorizes employers to make ‘temporary’ private, lactation-only spaces available if the employer is unable to provide a permanent location because of operational, financial, or space limitations.
Narrow undue hardship exception.

9. Salary History Information
AB 2282 (Eggman)
Salary History Information
(clarification)
EFFECTIVE: January 1, 2019

10. AB 2282
AB 168 (2017) prohibits employers from asking job applicants for ‘salary history information’ and required employers to give ‘applicants’ the ‘pay scale’ for a position upon ‘reasonable request’.
AB 2822 clarifies that:
‘Applicant’ means an individual who is seeking employment;
‘Pay Scale’ means a salary or hourly wage range; and
‘Reasonable request’ means a request made after an applicant has completed an initial interview.
AB 2822 also clarifies that an employer may ask about an applicant’s
‘salary expectation’ for the position.

11. AB 2282
Prior salary shall not justify any disparity in compensation. Employers are not prohibited from making a compensation decision based on a current employee’s existing salary, so long as any wage differential resulting from that compensation decision is justified by seniority, merit, education, training, etc.

12. Restrictions on ‘Secret Settlement’ Nondisclosure Agreements
SB 820 (Leyva)
Restrictions on ‘Secret Settlement’ Nondisclosure Agreements
EFFECTIVE: January 1, 2019

13. SB 820
Prohibits any settlement agreement provision that prevents disclosure of factual information relating to certain claims of sexual assault, harassment, discrimination, and retaliation that had been in a civil or administrative action.
Any such provision entered into on or after January 1, 2019 will be void as a matter of law and against public policy.
Allows provisions that shield the claimant’s identity and facts that could lead to the discovery of that identity.
SB 820 does not:
affect settlement agreements entered pre-litigation;
prohibit provisions that preclude disclosure of the amount paid in settlement

14. Unlawful Employment Practices: Discrimination and Harassment
SB 1300 (Jackson)
Unlawful Employment Practices: Discrimination and Harassment
EFFECTIVE: January 1, 2019

15. SB 1300
Prohibits an employer, as a condition of employment, including for a raise, bonus or continued employment, from requiring an employee to execute
A release of FEHA claims or rights;
An agreement preventing the employee from disclosing information about unlawful workplace acts; and
A statement that he or she ‘does not possess any claim or injury against the employer’.
Expands employer responsibility for harassment activity by nonemployees

16. Codifies a statement of Legislative intent that may reduce summary judgements against hostile environment cases, declaring that:
Hostile work environment cases are rarely appropriate for disposition on summary judgment
A sexual harassment plaintiff need not prove that his or her tangible productivity has declined as a result of the harassment
A single incident of harassing conduct is sufficient to create a triable issue regarding a hostile work environment if the conduct unreasonably interfered with the plaintiff’s work performance or created an intimidating, hostile, or offensive work environment.
The existence of a hostile work environment depends upon the totality of the circumstances and a ‘stray remark’ by a non-decisionmaker may be relevant, circumstantial evidence of discrimination.

17. Expanded Harassment Training Requirements
SB 1343 (Mitchell)
Expanded Harassment Training Requirements
EFFECTIVE: January 1, 2019

18. SB 1343
Current Law: employers of 50 or more employees are required to provide two hours of sexual harassment prevention training to all supervisors every two years or within six months of assuming a supervisory position.
SB 1343 extends these training requirements to:
Employers with 5 or more employees, including seasonal and temporary;
One hour of training for all nonsupervisory employees by 1/1/2020, and every two years thereafter or within six months of being hired.
Department of Fair Employment and Housing (DFEH) is required to post compliant one-hour and two-hour online sexual harassment training courses on its website.

19. Minimum Wage SB 3 (2016)
Minimum wage increases for business with 26 or more employees: * On January 1, 2019 to $12 per hour * On January 1, 2020 to $13 per hour * On January 1, 2021 to $14 per hour * On January 1, 2022 to $15 per hour
Minimum wage increases for business with 25 or fewer employees: * On January 1, 2019 to $11 per hour * On January 1, 2020 to $12 per hour * On January 1, 2021 to $13 per hour * On January 1, 2022 to $14 per hour * On January 1, 2023 to $15 per hour

20. Janitorial Registration AB 1978 (2016)
October 1, 2018 Registration Deadline with Commissioner of Division of Labor Standards Enforcement
Janitorial Contractor Registry – Dept. of Industrial Relations website
Hiring Unregistered Janitorial Contractors
First fine - $2,000 - $10,000
Subsequent fines - $10,000 - $25,000

22. Louie Brown Kahn, Soares & Conway, LLP 916-448-3826 lbrown@kscsacramento.com www.ksclawyers.com

23. Kahn, Soares & Conway, LLP provides the information for the California Grocers Association Educational Foundation New Laws Seminar for informational purposes only. This general information is not a substitute for legal advice, and users should consult with legal counsel for specific advice. In addition, using this information does not create an attorney-client relationship with Kahn, Soares & Conway, LLP.