Governor Newsom Finishes Out Legislative Season Signing Several Pro-Employee Bills

On Wednesday, September 30, Governor Newsom finished out the legislative season by signing a flurry of legislation, including several that benefit employees. The bills are as follows:

1. AB 1947 is a huge win for employees. It authorizes employees who successfully bring whistleblower retaliation claims against their employers under California Labor Code section 1102.5 to recover attorneys' fees from the employer.  Previously, whistleblowing employees had to bear their own attorneys' fees, even if they won their case. Employee-rights groups have been fighting long and hard for this fee provision, which Governor Newsom vetoed in 2019.  AB 1947 also extends the time for employees to file retaliation complaints under Labor Code 98.7 with the California Division of Labor Standards Enforcement (DLSE) from six to 12 months.
2. SB 1383 expands the coverage of the California Family Rights Act (CFRA), which allows employees to take unpaid time off work to care for themselves or a family member. Employers cannot fire employees for taking family leave.  Starting in January 2021, SB 1383 will significantly broaden coverage by extending job-protected leave to businesses with 5 or more employees, and by extending the list of relatives one can care for to include siblings, grandparents and grandchildren.
3. SB 973 requires private employers with 100 or more employees to submit an annual report to the California Department of Fair Employment and Housing (FEHA) detailing their pay data. The data would include information about the number of employees by sex, race, and ethnicity at all levels of the organization using the same categories that are employed in collecting demographic information for the federal government. The Legislature’s intent in ratifying the bill is to increase enforcement of equal pay and discrimination laws by requiring employers to be transparent with their pay data.  
   
   If you have any questions about whistleblower retaliation, family leave or equal pay issues, contact Teukolsky Law today for a free consultation.