Cal-Peculiarities: How California Employment Law is Different 2022 Edition

396 | 2022 Cal-Peculiarities ©2022 Seyfarth Shaw LLP  www.seyfarth.com 38 Corp. Code § 301(b)(1)-(3). If the number of directors is four or fewer, the corporation must have at least one female director. If the number of directors is five, the corporation must have at least two female directors. If the corporation has six or more directors, the corporation must have at least three female directors. 39 SB 979, 2020 bill amending Corp. Code § 301.3 and adding Corp. Code § 301.4. 40 https://bpd.cdn.sos.ca.gov/div-on-boards/dob-report-2022.pdf ( visited May 26, 2022). 41 SB 826, 2018 bill adding Corp. Code §§ 301.3, 2115.5. 42 Crest v. Padilla , No. 19 STCV 27561 (May 13, 2022) (Judge Maureen Duffy-Lewis) (Corp. Code § 301.3, requiring publicly listed California corporations to have women on their boards, violates the Equal Protection Clause of the California Constitution). This ruling follows a ruling from another Los Angeles County Superior Court judge, relying on the same general ground to grant an injunction against the corporate board diversity law with respect to its quotas for “underrepresented communities.” Crest v. Padilla , Los Angeles Sup. Ct. Case No. 20 STCV 37513 (April 1, 2022) (Judge Terry A. Green). The two cases have the same name in that they both were brought by the same plaintiff against the same defendant (the then-Attorney General of California), with a 2019 filing challenging the gender quota and a 2020 filing challenging the “underrepresented communities” quota). 43 The Act originally was set to become effective on January 1, 2023. However, on August 31, 2021, Governor Newsom signed SB 26, which made the Act effective the following day, September 1, 2021. 44 SB 206, 2019 bill adding Educ. Code § 67456; AB 1518, 2019 bill amending Bus. & Prof. Code §§ 18895.2, 18897.6, 18897.73 and adding Bus. & Prof. Code § 18897.74; SB 26, 2021 bill amending Educ. Code § 67456.