A slate of new protections for workers are now on Gavin Newsom’s desk as the 2023-2024 California legislative session officially ends. The dedicated advocacy of California Employment Lawyers Association has resulted in several promising measures one signature away from bringing new protections to California’s workers.
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Expanding Protections for Household Domestic Services
SB-1350 expands the California Occupational Safety and Health Act’s definition of “employment” to include household domestic services. The amended definition permits California to enforce and administer all occupational health and safety laws to protect employees performing household services. Previously, domestic workers were explicitly exempted from traditional worker protections.
These protections are critical for the domestic service industry. In the California, domestic workers are largely migrants and women of color.  The state contains an estimated 350,000 workers for 2 million households. These workers provide care to the most vulnerable populations of immunocompromised and senior individuals. They suffer the consequences of poor labor protection. A majority of surveyed household domestic workers (84%) have reported preventable musculoskeletal injuries and chronic pain, and over half of the surveyed workers (55%) reported working through their injuries due to fears about job security.

Intersectionality in Anti-Discrimination Protections
SB-1137 expands civil right protections in public schooling, public accommodations, housing, and employment. While the law currently affords protections against discrimination based on a protected trait, this bill expands those protections for any combination of two or more protected traits.
Senator Smallwood-Cuevas, the bill sponsor, recognized that individuals with intersectional identities could face discrimination that does not neatly fall into any single  category of discrimination. The bill is a common-sense reform that addresses this “intersectional discrimination” against Californians with overlapping identities. Advocates argue that the recognition of intersectional discrimination has judicial precedent. The EEOC and the Ninth Circuit have already recognized that protected characteristics can overlap creating an entirely unique form of discrimination.

Enhancing Employment Protections for Survivors of Violence
AB-2499 provides greater employment protections for survivors of violence.  Existing law requires an employer to provide reasonable accommodations for a survivor of violence or crime. Pre-existing protections forbid employers from discharging or discriminating against employees because of their status as a survivor of crime, abuse, or for taking time off to serve on a jury or as a witness in a judicial proceeding.
Amending existing law, this bill revises the definition of an unlawful employment practice under the California Fair Employment and Housing Act to include discrimination or retaliation against an employee for taking protected time off. California’s Civil Rights Department would have enforcement authority over violations of jury, court, and victim time off provisions. This bill addresses the growing impact of crime on employees. One in six victims of violent crime report job loss or demotion and 53% of domestic violence survivors report job loss due to their circumstances.

For more on the latest developments in employment law, visit our blog here. If you believe your employer may have violated workplace laws, click here to get in touch with our office

Last Saturday was the deadline for California Governor Gavin Newsom to either sign or veto the roughly 1,000 bills that made it to his desk. Below is a recap of some of the most notable employment bills that the Governor signed or vetoed.

Higher Minimum Wages
Governor Newsom signed a pair of bills, AB 1228 and SB 525, that set higher minimum wages for workers in the fast food and healthcare industries. Under AB 1228, fast-wood workers’ minimum wage will be bumped to $20 an hour in April. Hundreds of thousands of healthcare workers in the state will see their minimum wage eventually increased to $25 an hour under SB 525.

Employers Lose a Delay Tactic
SB 365 allows employment lawsuit proceedings to move forward, rather than pause, when defendants appeal orders denying a request to compel arbitration. Governor Newsom signed the bill, effectively undercutting a tactic that sometimes-allowed employers to delay cases for years at a time.

More Paid Sick Days
Starting next year, California’s workers will be entitled to at least five days of paid sick leave, up from the current minimum of three days, as a result of Governor Newsom signing  SB 616.

Family Caregiver bill Nixed
In a defeat for employees, the Governor vetoed AB 524, a bill that would have added “family caregiver status” to the list of protected characteristics that employers cannot consider when making employment decisions such as hiring and firing.

No Unemployment Benefits while on Strike
SB 799 would have allowed  workers to collect unemployment insurance benefits while on strike. Governor Newsom vetoed the bill, citing the multi-billion-dollar debt that California’s unemployment insurance program incurred to keep benefits flowing during the pandemic.
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To see what other important employment bills were signed and vetoed by the Governor, click here. 

Jeffrey Thornton, a Black job applicant in San Diego, has filed the first discrimination lawsuit in California invoking the CROWN Act, a relatively new California law that went into effect in January 2020.  CROWN (Create a Respectful and Open Workplace for Natural Hair) prohibits companies and public schools from using grooming policies targeting Black people’s natural hairstyles, including cornrows, dreadlocks, and twists.

In late November 2021, Thornton sued an event production company called Encore Global, which has an office in San Diego, alleging that Encore violated the CROWN Act when they asked him to cut his dreadlocks as a condition of employment.  Thornton says Encore told him he would need to cut his dreadlocks to comply with the company’s standards. The lawsuit alleges that Encore required Thornton to cut his hair so that it was off his ears, eyes and shoulders, and that he would not be in compliance by simply tying back his hair.

Since California passed the first CROWN Act in 2019, twelve more states have passed similar legislation. While federal courts generally take the stance that afros are a racial trait protected by anti-discrimination laws, they don’t take the same position toward other natural Black hairstyles. That is why the CROWN Act offers unique and groundbreaking protection for California employees. California state senator Holly Mitchell, who wears locs, originally introduced the CROWN Act after being inspired by a case involving a Black woman in Alabama who lost her job at a call center after refusing to cut her dreadlocks.

Encore has stated since the filing of the lawsuit, “We regret any miscommunication with Mr. Thornton regarding our standard grooming policies — which he appears to fully meet and we have made him an offer of employment.”  Thornton seeks an injunction prohibiting Encore from implementing a grooming or personal appearance policy that violates the CROWN Act or is otherwise discriminatory against people of color.

If you believe you have faced racial discrimination at work, contact Teukolsky Law today for a free consultation. 

On October 8, Governor Gavin Newsom signed SB 331 into law. The bill, sponsored by State Senator Connie Leyva, makes it illegal for companies to prohibit employees from speaking about discrimination and harassment.

Previously, laws such as the Stand Together Against Non-Disclosures Act banned non-disclosure agreements (NDAs) in sexual harassment, but did not prohibit NDAs for other types of discrimination, such as race, religion, sexual orientation, and gender identity. Now, California workers will have legal protections for speaking out about all manner of unlawful conduct in the workplace.

This legislation has been strongly supported by Ifeoma Ozoma, a Pinterest whistleblower who spoke out about racial discrimination at the company. NDAs are commonly used, particularly in the tech industry, to keep employees quiet about workplace harassment and discrimination for fear of facing legal action and fines. People began discussing them more frequently after it was reported during the #MeToo movement that Harvey Weinstein and other abusers used NDAs to silence their victims.

SB 331 was sponsored by the California Employment Lawyers Association (CELA), the organization Earthseed, and Equal Rights Advocates. It will take effect on January 1, 2022.
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If you believe you have been a victim of discrimination or harassment in the workplace, contact Teukolsky Law today for a free consultation. 

Deadline and the Hollywood Reporter reported on August 23 that Paramount+’s miniseries about the making of The Godfather, The Offer, has canceled filming at the Chateau Marmont after learning about the Chateau’s labor dispute with Unite Here Local 11.

The production, which stars prominent actors including Miles Teller and Colin Hanks, was scheduled to film at the Chateau between August 25 and 27. The production is the second this year to pull out of planned business with the hotel. Former workers at the hotel launched the boycott in February along with the union, calling on the hotel to rehire workers in accordance with LA’s recall ordinance. Teukolsky Law has filed two lawsuits against Chateau Marmont this year on behalf of former employees alleging sexual harassment and racial discrimination.

Union co-president Kurt Petersen wrote in a statement, “We applaud Paramount Plus’s decision to honor the boycott of the Chateau Marmont. We thank all the Hollywood unions — SAG AFTRA, IATSE, Teamsters, WGA and DGA — for supporting these courageous workers who have spoken out for dignity and respect.” 

LA Country District Attorney George Gascon has issued a statement in support of workers following a suit filed by Teukolsky Law against the legendary Chateau Marmont hotel.

District Attorney Gascón stated: “I am aware of the civil lawsuit and allegations made regarding the Chateau Marmont Hotel. Workers can often feel powerless when dealing with hostile workplaces, dangerous work conditions, and wage theft. I am committed to protecting workers in Los Angeles County.”

Gascon’s statement references the lawsuit filed on January 27 by former employee and plaintiff Thomasina Gross. The lawsuit alleges that Ms. Gross, who is African-American, was repeatedly passed over for promotions and work assignments in favor of white candidates and colleagues. The suit also alleges that Ms. Gross faced unwanted touching from guests as she served them, and that management did not help when she attempted to report this conduct.

Gascon, who has been in office since December, campaigned on a progressive platform of reforming the DA’s office. His statement follows actress and activist Jane Fonda’s pledge to boycott the Chateau Marmont until it has addressed the workers’ concerns.
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The Hollywood Reporter wrote an article about Gascon’s statement, which can be found here.

If you believe you have experienced racial discrimination or sexual harassment at work, contact Teukolsky Law today for a free consultation.

At a press conference on January 28, 2021, Lauren Teukolsky announced the filing of a new lawsuit against Chateau Marmont on behalf of former employee Thomasina "Thommi" Gross. Chateau Marmont is a legendary Hollywood hotel known as a playground for its wealthy clientele. Ms. Gross, who is African-American, worked as an events server there from 2017 to 2020, until she was laid off due to the COVID-19 pandemic.

The complaint, which was filed on January 27 in Los Angeles Superior Court, alleges that Ms. Gross was repeatedly passed over for promotions in favor of white employees. Ms. Gross, who had over a decade of experience in high-end hotel hospitality, received far less compensation and fewer hours than her white counterparts. This was consistent, says the complaint, with the Chateau’s discriminatory preference for placing white or light-skinned people of color in guest-facing roles.

The suit also alleges that due to the Chateau’s “anything goes” party environment, guests felt free to touch and grope Ms. Gross as she served food during events. When Ms. Gross reported guest misconduct to management, the complaint alleges, they took no steps to protect her, and even retaliated by not giving her any more restaurant shifts.

Ms. Teukolsky said: “Ms. Gross has demonstrated tremendous courage by stepping forward to challenge the discriminatory practices of one of the most iconic Hollywood institutions. We hope that her bravery will lead the Chateau to take steps to protect its employees from guest harassment and to ensure that its hiring practices going forward comply with California’s powerful anti-discrimination laws.”

In an article published on January 28 in the Hollywood Reporter, Ms. Gross commented: “I don’t like having to leave my dignity at the door. It’s exhausting. We’re forced into a fight-or-flight mode. We’re conditioned to believe we have to expect this. I’m speaking out on behalf of myself and others who believe they’ll face retaliation. Changing the culture is my focus. No one should have to deal with this on a day-to-day basis.”

If you believe you have experienced racial discrimination or sexual harassment at work, contact Teukolsky Law today for a free consultation.