Fisher Phillips Guide to Employment Bills Pending on Governor Brown’s Desk

It’s been a long legislative year.  But now all of the flurry of activity is behind us and hundreds of bills now wait on Governor Jerry Brown’s desk for either a signature or a veto.

Last fall saw the dramatic birth of the #MeToo movement, as stories and reports of alleged sexual harassment across all industries exploded on the front pages.  The #MeToo movement inspired significant legislative activity in California (and other states) and definitely dominated the public policy debate about labor and employment issues in 2018.  A plethora of sexual harassment-related bills await action on the Governor’s desk, ranging from bans on mandatory arbitration and non-disclosure agreements, increased time to file claims, and training requirements for nonsupervisory employees.

The other big story for California employers in 2018 was the Dynamex decision, where the California Supreme Court tossed aside decades of precedent and adopted a brand new “ABC test” for determining whether an individual is an employee or an independent contractor.  This decision has resulted in significant angst in the employer community; however, despite a big push by the business community to provide some relief, the Legislature declined to step in and act.  This case and its impact on California employers will likely be a big topic of discussion for the Legislature in 2019.

Keep Track With Our Handy Guide

So now the waiting game begins.  Governor Brown has between now and September 30, 2018, to sign or veto legislation.  The Governor will likely sign some measures here and there, but the vast majority will likely be acted upon during the last few days before the September 30 deadline.  And certainly, the most controversial bills are unlikely to be acted upon until the very end.

We’ve prepared this handy guide that breaks down the most significant measures by subject matter (with links to the actual bill language and other materials).  We also venture some predictions about whether, in our view, Governor Brown will sign or veto these measures.  However, these are only our best guesses based on our legislative history and political experience.  We’ll all have to wait and see what the Governor actually does on each of these bills. 

We also have included a blank spot where you can fill in the actual outcome of these measures, so you can see whether our predictions were accurate or not.

What’s Next?

Again, Governor Brown has until September 30, 2018, to sign or veto legislation.  Unless otherwise noted, any bill he does sign will go into effect on January 1, 2019.

We’ll keep you posted here and via legal alerts about any significant bills that the Governor signs, and will walk you through what any new laws mean for your business and identify any steps you need to take to comply.

In the meantime, if you have any questions about how these pending measures may impact your business, please contact any Fisher Phillips attorney, or one of the attorneys in any of our California offices:

Irvine: 949.851.2424

Los Angeles: 213.330.4500

Sacramento: 916.210.0400

San Diego: 858.597.9600

San Francisco: 415.490.9000