In the spirit of the season, we are using our annual "12 days of the holidays" blog series to address new California laws and their impact on California employers. On this fifth day of the holidays, my labor and employment attorney gave to me: five golden rings and SB 331.

During the #MeToo movement, numerous protections were put in place to limit sexual harassment. One of those protections was SB 820, which went into effect on January 1, 2019. Around the time of the #MeToo movement, our news feeds were filled with stories regarding celebrities, company executives, and public officials who had been accused of sexual harassment but had entered into settlement agreements that prevented disclosure of the allegations. As we explained in an earlier post on SB 820, it prohibited any provision in a settlement agreement that prevented the disclosure of factual information relating to certain enumerated sexual offenses, including, but not limited to, sexual assault and sexual harassment.

As of January 1, 2022, the prohibition of disclosure of factual information will now extend to matters outside of sexual harassment and other sexual offenses. With the enactment of SB 331, settlement agreements can no longer prohibit the disclosure of factual information involving acts of workplace harassment or discrimination not based on sex. All types of workplace harassment and discrimination are now included.

In addition, an employer cannot require an employee to sign a nondisparagement...

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