On January 1, 2019, several new laws that were enacted in the wake of the #MeToo Movement will take effect in California. Employers may be impacted most by the new laws that require sexual harassment training of all employees – not just managers – and affect the confidentiality of settlements regarding sexual assault, sexual harassment, sex discrimination or retaliation. Please see our Duane Morris client alert for more details on these new laws, as well as other laws that will pose significant new challenges for employers.
As 2017 comes to an end, sexual harassment allegations against celebrity chefs and restauranteurs continue to surface. In the bar and restaurant industry, where alcohol flows like water and employees toil away in close proximity under intense pressure, supervisor and employee misconduct is not entirely surprising.
The news media is covering the consequences of alleged misconduct by celebrity and local chefs, restauranteurs, and TV personalities. They range from Top Chef: Colorado’s decision to edit out New Orleans chef John Besh from an episode of the show, to two major retailers’ pulling of Mario Batali-branded products from their shelves, to a Bay Area bar owner reportedly fleeing the country to avoid charges, as reported by Eater magazine. But, what still needs to be addressed is how to attack the root of the problem. Continue reading New Year’s Resolution for Restaurateurs and Bar Owners
Beginning on April 1, 2016, new regulatory amendments will apply to California restaurants, bars, and other employers of five or more full or part-time employees, since such employers are subject to the Fair Employment and Housing Act (“FEHA,” Cal. Govt. Code § 12900, et seq.). The FEHA prohibits discrimination and harassment on the basis of various protected characteristics, including gender, race, age, religion, and disability. For employees with disabilities, the FEHA requires employers to engage in the interactive process to determine a reasonable accommodation and to accommodate the employee. It also prohibits retaliation against employees who engage in activities that are legally protected.
If you don’t have a written policy against discrimination, harassment, and retaliation, now is the time to work with a lawyer on one. Notably, one of the many changes is that the amended FEHA regulations require every California employer to develop a harassment, discrimination, and retaliation prevention policy that: Continue reading It’s Time to Update Your Anti-Harassment and Anti-Discrimination Policy: Big Changes to FEHA Regulations Take Effect April 1