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Workers’ Compensation

On August 26, 2016, California Governor Jerry Brown signed legislation (A.B. 2883) amending the state’s workers’ compensation law. The bill revises the exceptions from the definition of an employee to apply to an officer or a member of a board of directors if he or she owns at least a certain percent of the issued and outstanding stock of a corporation, or an individual who is a general partner of a partnership or a managing member of a limited liability company.

The bill goes into effect on January 1, 2017.

Read CA A.B. 2883

Farm Labor Contractors – Sexual Harassment Training

On June 27, 2016, California Governor Jerry Brown signed legislation (S.B. 836) concerning farm labor contractors. The bill requires that a person seeking to be licensed as a farm labor contractor attest, as part of the initial licensing or license renewal process, that the person’s supervisorial employees, including any supervisor, crewleader, mayordomo, foreperson, or other employee whose duties include the supervision, direction, or control of agricultural employees, have been trained at least once for at least two hours each calendar year in the prevention of sexual harassment in the workplace. The bill also requires that all new non-supervisorial employees, including agricultural employees, receive training during hire, and that all non-supervisorial employees, including agricultural employees, receive training at least once every two years in identifying, preventing, and reporting sexual harassment in the workplace.

The sexual harassment training must include, at a minimum, components of the following as consistent with Cal. Gov’t Code §12950:

  • The illegality of sexual harassment.
  • The definition of sexual harassment under applicable state and federal law.
  • A description of sexual harassment, utilizing examples.
  • The internal complaint process of the employer available to the employee.
  • The legal remedies and complaint process available through the Department of Fair Employment and Housing.
  • Directions for how to contact the Department of Fair Employment and Housing.
  • The protection against retaliation provided under current law.

The bill went into effect upon signing.

Read CA S.B. 836