The California Supreme Court’s landmark Dynamex Decision Codified by AB 5  

Prohibition of Arbitration Agreements: AB 51 

FEHA Statute of Limitations Extended: AB 9

Expands the time for filing a complaint with the California Department of Fair Employment and Housing (DFEH) alleging a violation of the Fair Employment and Housing Act (FEHA) from one year to three years.

Before filing a civil action, employees who allege claims of discrimination, harassment, or retaliation under FEHA are required to exhaust their administrative remedies by filing a verified complaint with the DFEH. (Gov. Code, § 12965, subd. (b).) As a result of AB 9, the limitations period for exhaustion of administrative remedies under FEHA will be six times longer than the period under Title VII of the Civil Rights Act of 1964. (See 42 U.S.C. § 2000e-5(e)(1) [charge alleging violation of Title VII must be filed with EEOC within 180 days after alleged discriminatory act].)

AB 9 also makes clear that the operative date of the verified complaint is the date of the filing of the intake form with the DFEH and that it should not be interpreted as reviving lapsed claims.

New Employer Lactation Accommodation Requirements: SB 142 

Provides that employers must provide a reasonable amount of break time to accommodate an employee desiring to express breast milk for the employee’s infant child each time the employee needs to express milk. If possible, the lactation break should run concurrently with any rest time the employer is required to provide under the IWC wage orders. Private lactation spaces at work must have a place to sit; must be safe, clean, and free of hazardous materials; must contain a surface to place a breast pump and personal items; must have access to electricity or alternative devices; and must be in proximity to the employee’s work area, shielded from view, and free from intrusion while the employee is expressing milk. Employers must also provide access to a sink with running water and a refrigerator in close proximity to the employee’s workspace.

Hairstyles Now Covered by FEHA's Race Discrimination Prohibition: SB 188 

Extends the Fair Employment and Housing Act’s prohibition of discrimination based on race by adding the following provisions to Government Code section 12926: (w) “Race” is inclusive of traits historically associated with race, including, but not limited to, hair texture and protective hairstyles, and (x) “Protective hairstyles” includes, but is not limited to, such hairstyles as braids, locks, and twists.