Governor Newsom recently signed two priority bills that we were tracking -- AB 3175 (Levine) and AB 3369 (Asm. Arts Cmte). The final bill language for both bills is hyperlinked below and we include a summary of both bills. The bills contained an urgency clause meaning they take effect upon the Governor's signature (now) rather than the 1st of next year.
- Summary: Provides that an age-eligible minor in the entertainment industry, accompanied by a parent or legal guardian, shall complete a sexual harassment prevention and retaliation training using the online training developed by the Department of Fair Employment and Housing, prior to obtaining a work permit. The bill would require that the parent or legal guardian certify to the Labor Commissioner that the training has been completed.
- Status: Signed by the Governor - 9/25/2020, effective immediately
- Summary: Requires an employee who receives compliant sexual harassment prevention training or who received a valid entertainment work permit within the last 2 years from the Labor Commissioner be placed on a 2 year tracking schedule which affirms the employee’s completion. The bill also require that before an employee is placed on the 2 year tracking schedule that their employer provide them with a copy of the employer’s anti-harassment policy.
- Section 12950.1 of the Government Code amended to read:
- (m) An employee who has received training in compliance with this section within the prior two years either from a current, a prior, or an alternate or a joint employer, or who received a valid work permit from the Labor Commissioner that required the employee to receive training in compliance with this section within the prior two years, shall be given, and required to read and to acknowledge receipt of, the employer’s anti-harassment policy within six months of assuming the employee’s new position. That employee shall then be put on a two year tracking schedule based on the employee’s last training. The current employer shall have the burden of establishing that the prior training was legally compliant with this section.
This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to ensure that minors in the entertainment industry receive appropriate training regarding sexual harassment and to avoid enforcing inconsistent policies between the Labor Code and the Government Code, it is necessary for this act to take effect immediately.
- Status: Signed by the Governor - 9/29/2020, effective immediately