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Two Important Stragglers Among California’s New Labor Laws

Last week, we blogged about the avalanche of new labor laws that California employers will face in 2020.  Here are two late additions to the list  — just in time for Halloween!:

AB 61 (Ting, D-San Francisco) grants employers and coworkers the right to petition a court to issue a gun violence restraining order, which prevents an individual who presents a threat to him/herself or others from “having in [his or her] custody or control, owning, purchasing, possessing, or receiving a firearm or ammunition.” To be a qualifying coworker under this bill, the coworker must have had “substantial and regular” interactions with the subject of the petition for at least one year, and the employer must give permission to the coworker to obtain the restraining order.

AB 749 (Stone, D-Scotts Valley) prohibits the use of what has become nearly ubiquitous no re-hire provisions in settlement agreements of employment disputes unless the employer has a legitimate nondiscriminatory or nonretaliatory reason for terminating or refusing to rehire the person or that person has committed sexual harassment or assault (based upon a good-faith determination by the employer). The prohibition only applies to “aggrieved persons,” which is defined as a person who has filed a claim against the person’s employer in court, before an administrative agency, in an alternative dispute resolution forum, or through the employer’s internal complaint process. Thus, employers may still include no re-hire provisions in severance or settlement agreements that are negotiated in response to demand letters or unfiled claims (as defined).

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About this Author

Anthony J Oncidi, Employment Attorney, Proskauer Rose Law Firm

Anthony J. Oncidi heads the Labor & Employment Law Group in the Los Angeles office. Tony represents employers and management in all aspects of labor relations and employment law, including litigation and preventive counseling, wage and hour matters, including class actions, wrongful termination, employee discipline, Title VII and the California Fair Employment and Housing Act, executive employment contract disputes, sexual harassment training and investigations, workplace violence, drug testing and privacy issues, Sarbanes-Oxley claims and employee raiding and trade secret protection....

Cole Lewis Employment Attorney

Cole Lewis is an associate in the Labor & Employment Department.

Cole graduated from UCLA School of Law, where he worked as a law clerk for Public Counsel of Los Angeles and advocated for benefit recipients in the Department of Public Social Services. He has also previously worked as a summer associate in Proskauer’s Labor & Employment Department.

Prior to law school, Cole received his Bachelor’s degree in Journalism at Indiana University, where he graduated cum laude.