The 12 Days of California Labor & Employment Series – Day 11 "More #MeToo and More Lack of Confidentiality"

It's the end of the year and while everyone is busy, employers in California should be aware of new laws and regulations that go into effect on January 1, 2019. In the spirit of the season, we are using the next "12 days of the holidays" to blog about one California law a day and that law's impact on California employers. On the eleventh day of Christmas, my Labor and Employment attorney gave to me—eleven ladies dancing and AB 3109.

As discussed in prior blogs, settlement agreements involving sexual harassment, sexual discrimination claims  and other similar claims cannot contain provisions mandating confidentiality in litigated claims. AB 3109 adds additional depth to the #MeToo laws. SB 3109 invalidates any provision in an agreement that prevents a party to the agreement from testifying  regarding criminal conduct or sexual harassment in any administrative or legislative proceeding when the party has been required or requested to testify at the proceeding. This agreement could include an employment agreement, an arbitration agreement or a settlement agreement.  

As we are winding down the 12 Days of California Labor & Employment Series, the take away for employers is to take every sexual harassment and/or sexual discrimination or assault claim seriously and know what you can and cannot do with reference to settlement both during litigation as well as post-litigation. If employers are using standard forms involving confidentiality, they should be reviewed and amended, if needed, to ensure compliance with the latest laws.