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Wednesday, April 4, 2018

Criminal History, Sexual Harassment, and Cannabis Legislation

sexual harassment
It is only April, and people are already gearing up to vote in November. While elected leaders are worth careful consideration, legislation can have lasting effects for years to come. With that in mind, we felt it of significant value to share with you some bills that could be of great importance to the people living in the state of California.

Before the legislative spring break on March 22, 2018, lawmakers across the state scurried to introduce some 2,000 pieces of legislation before the February 16, 2018, bill introduction deadline. It goes without saying that many of measures proposed will never make it to Governor Jerry Brown’s desk, but some definitely will; knowing how those measures will affect people’s lives is critical.

The bills on the table for consideration deal with subjects ranging from sexual harassment to how employers deal with marijuana use among their workers. Many of the bills focus on employment law. Naturally, in the wake of Harvey Weinstein et al., sexual harassment law is a hot-button topic in the United States; especially here in Southern California. Marijuana legalization and medical cannabis implementation continue to be of great concern, as well. Let's take a moment to familiarize ourselves with some of the bills.

 

Criminal Conviction History 

 

AB 2680 would require a standard consent form to be created by the California Department of Justice (DOJ) that must be used by employers when they request an applicant for a job to consent to a DOJ criminal conviction history background check. This ties into the ban the box legislation that was passed and signed into law last year.

SB 1298 known as The Increasing Access to Employment Act would limit to the last five years the criminal history that could be provided to a prospective employer by the DOJ. This would include felonies and misdemeanors, and those required for registration as a sex offender. Disclosure of any convictions that have been dismissed, exonerations, or arrests that have been sealed would also be prohibited by this bill.

 

Sexual Harassment No Longer Tolerated


AB 3080 would prohibit requiring employees to agree to mandatory arbitration of any future claims related to sexual harassment, sexual harassment, or sexual assault as a condition of employment and non-disclosure provisions in any settlement agreement.

AB 1867 would require employers (50 or more employees) to retain records of all internal employee sexual harassment complaints for ten years.

SB 1343 would require employers (five or more employees) to provide two + hours of sexual harassment training to all employees by 2020 and every two years.

SB 1038 would impose personal liability under on an employee who found retaliating (i.e., discrimination or termination) against a person who has filed a sexual harassment complaint.

 

Cannabis Discrimination in California


AB 2069 would bar employers from refusing to hire, reprimanding, or terminating an employee due to cannabis-positive drug tests provided however that the employee has a medical marijuana ID card. Nota bene: employers can take actions against employees found to be under the influence on the job. Given the illegal status of cannabis on the Federal level, AB 2069 wouldn’t apply to employers would put monetary or licensing benefits at risk for hiring employees because of the drug.

 

Orange County Criminal Defense Attorney


There are far too many measures to be covered in a single article. We will continue to follow these bills as they make their way closer to the Governor's desk. If you, or a loved one, is facing criminal charges, please contact The Law Office of Ronald G. Brower. With over 30 years of experience, attorney Brower can give you the best chance of finding a favorable outcome.

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