Legislative Update

Assembly Member Gonzalez Fletcher sponsored AB 3080, that was co-sponsored by the AFL-CIO and the Screen Actors Guild, which prohibits employers from requiring, as a condition of employment, employees to waive any “right, forum, or procedure” for any act prohibited by the Fair Employment and Housing Act (“FEHA”) or other California Labor Code provisions. The bill is intended to prohibit employers from requiring employees, as a condition of employment, to submit to forced mandatory arbitration for employment-related claims. AB 3080 passed the Assembly on May 30, 2018, by a 47-to-25 vote. The Assembly also passed AB 1870, which will extend the statute of limitations for bringing actions under the FEHA from one year, to three years. This bill passed by a vote of 57-to-4. Three bills, AB 2016, AB 2907, and SB 1443, which were aimed at limiting rights of employees under the Private Attorney General Act (“PAGA”), were also defeated. The Legislature enacted the PAGA to assist in the enforcement of employees’ rights under the California Labor Code. The PAGA is an integral tool used by employees to protect against employers’ failure to comply with the duties imposed on employers under the Labor Code.