United States: California Countdown 2018: Which Labor And Employment Bills Will The Governor Sign?

September 1, 2018 marked the last day for the California legislature to pass bills and forward them to Governor Jerry Brown (D) for his consideration. Governor Brown has until September 30 to sign, veto, or otherwise decline to act upon these bills. The bills that become law will take effect on January 1, 2019, unless otherwise specified in the text of the measure. As always, the long list of bills crossing the governor's desk includes numerous labor and employment items that could impact the operations of private employers in the Golden State.

Sexual Harassment: The California Legislature Reacts to the #MeToo Movement.

No surprise, this year many of the bills coming out of the legislature in the Golden State attempt to address sexual harassment in the workplace, a direct result of the #MeToo movement.

AB 3081: The Smorgasbord Bill

We start our review of key bills addressing sexual harassment with AB 3081, which merits its own category because it broadly attempts to address workplace harassment on three different fronts. First, it would make client employers and labor contractors jointly liable for all civil liability for sexual harassment, including harassment on the basis of pregnancy, childbirth or related conditions. Client employers and labor contractors also would be forbidden from retaliating against employees who file claims.

Second, AB 3081 would amend the California Labor Code to specifically prohibit employers from discriminating or retaliating against an employee because of his or her status as a victim of sexual harassment. The bill would augment existing protections for employees who are victims of domestic violence, sexual assault, or stalking.

Third, the measure would create a rebuttable presumption of unlawful retaliation if an employer "discharges, threatens to discharge, demotes, suspends, or in any manner discriminates against" an employee within 30 days after the employer has acquired actual knowledge of the employee's status as a sexual harassment victim.

In the past, Governor Brown has expressed reluctance to expand concepts of joint liability, but perhaps the #MeToo momentum may prove persuasive.

Restrictions on Non-Disclosure Agreements (NDAs), Releases, and Mandatory Arbitration Provisions

Several bills attempt to limit the use of employer-employee agreements as they relate to prohibited harassment in the workplace.

Most notably, AB 3080 takes aim at two legal tactics that, according to the bill's sponsors,1 can hide and perpetuate sexual harassment: non-disparagement clauses and mandatory arbitration agreements.

In an effort to blunt the impact of a non-disparagement clause, AB 3080 would forbid organizations from prohibiting applicants, employees, or independent contractors "from disclosing to any person an instance of sexual harassment that the employee or independent contractor suffers, witnesses, or discovers in the workplace or in the performance of the contract." It also would ban restrictions on an individual's ability to oppose unlawful practices, exercise his or her rights, or participate "in any investigation or proceeding with respect to unlawful harassment or discrimination."

Remaining provisions of AB 3080 purportedly strive to ensure that individuals enter into contracts affecting their rights voluntarily, without coercion, and that they do not suffer retaliation should they refuse to consent to waivers of their rights. The proposal states that organizations may not:

require any applicant . . . or any employee to waive any right, forum, or procedure for a violation of any provision of the California Fair Employment and Housing Act . . . or [the Labor Code], including the right to file and pursue a civil action or a complaint with, or otherwise notify, any state agency, other public prosecutor, law enforcement agency, or any court or other governmental entity of any alleged violation.

The measure would clarify that agreements (e.g., arbitration agreements) that require employees to opt out or otherwise take affirmative steps to preserve their rights are covered by this statute. In other words, an arbitration agreement with an opt-out provision would still be unenforceable. (It should be noted that AB 3080 is similar to a bill that made it to the governor's desk in 2015, which also would have limited workplace arbitration agreements. The governor vetoed that bill. Should AB 3080 be signed by Governor Brown, it is anticipated that it will be subject to legal challenge on the basis that it is preempted by federal law – the Federal Arbitration Act.)

As another means of potentially curbing workplace harassment, the California legislature has approved several bills that could facilitate the public disclosure of sexual harassment claims. These bills seek to negate certain types of contractual terms that might operate to discourage victims or witnesses from speaking out.

AB 3109 would nullify any term in a contract or settlement agreement that waives a party's right to testify in an administrative, legislative, or judicial proceeding concerning alleged criminal conduct or sexual harassment. AB 3109 would apply where "the party has been required or requested to attend the proceeding pursuant to a court order, subpoena, or written request from an administrative agency or the legislature."

SB 820, another California measure, focuses on non-disclosure clauses in settlement agreements. The measure would prohibit provisions in a settlement agreement that prevent the disclosure of factual information relating to claims of sexual assault, sexual harassment, harassment or discrimination based on sex, or retaliation for filing a claim of sexual harassment. Moreover, it would prevent courts from restricting the disclosure of such facts, by stipulation or otherwise, in relevant civil proceedings. SB 820 would not ban provisions precluding the disclosure of a settlement payment amount. In addition, under the bill, "a provision that shields the identity of the claimant and all facts that could lead to the discovery of his or her identity, including pleadings filed in court, may be included within a settlement agreement at the request of the claimant."

Like AB 3080, discussed above, SB 1300 would curtail an employer's ability to utilize non-disparagement clauses and certain waivers for claims asserted under the California Fair Employment and Housing Act (FEHA). The bill makes it unlawful "for an employer, in exchange for a raise or bonus, or as a condition of employment or continued employment" to "require an employee to sign a release of a claim or right," including any release covering claims against an employer, the right to file and pursue civil action, or the ability to notify any court, law enforcement, or governmental agency. SB 1300 also prohibits non-disparagement or other agreements that would "deny the employee the right to disclose information about unlawful acts in the workplace, including, but not limited to, sexual harassment." These restrictions would not apply to "a negotiated settlement agreement to resolve an underlying claim . . . that has been filed by an employee in court, before an administrative agency, alternative dispute resolution forum, or through an employer's internal complaint process," so long as such agreement is voluntary and involves valuable consideration.

On another note, SB 1300 encourages (but does not require) employers to provide bystander intervention training. It also declares the legislature's intent about the standard of review to be used for evaluating sexual harassment claims.

Administrative Enforcement Procedures

FEHA prohibits certain types of discrimination and harassment against employees and tenants. Under existing law, individuals have one year to file an administrative charge with the Department of Fair Employment and Housing, the state agency tasked with enforcement of FEHA. AB 1870 would amend that deadline, however, to grant employees three years to file a FEHA complaint, from the date of the unlawful conduct or refusal to cooperate. The bill would also add a 90-day extension to the filing deadline, which would apply if the aggrieved individual "first obtained knowledge of the facts of the alleged unlawful practice during the 90 days following the expiration of the applicable filing deadline." The proposal would not alter the one-year limitations period for non-employment-related complaints and would not resurrect lapsed claims.

Record-keeping Requirements

AB 1867 would require employers with 50 or more employees to "maintain records of employee complaints alleging sexual harassment." Employee complaint is defined to include complaints filed through the internal reporting process promulgated by the employer. Records of internal complaints would need to be kept for five years from the separation date of the complainant or the alleged harasser named in the complaint, whichever date is later. Proponents argue that the retention of these records would identify harassers and limit their ability to repeat misconduct.

Antiharassment Training and Other Antidiscrimination Obligations

As of now, California law generally requires employers with 50 or more employees to provide supervisory personnel with training regarding sexual harassment and similar prohibited conduct. This year the legislature sent a variety of training-related bills to Governor Brown that would impose additional duties.

Under SB 1343, for example, employers with five or more employees would be obligated to provide antiharassment training. In addition to applying the supervisory training requirement to smaller employers, SB 1343 would also mandate sexual harassment training to all non-supervisory employees. The first round of training would need to be completed by January 1, 2020, and all training must be repeated every two years. Beginning in 2020, training would also be mandated for seasonal and temporary employees, as well as for seasonal and migrant agricultural workers. If enacted, the bill would require the Department of Fair Employment and Housing to develop one- and two-hour online training courses, to be posted with other resources on the agency's website.

A few training-related bills are directed at particular industries. AB 2338 would require talent agencies to satisfy certain new notice obligations in order to be licensed in the state. Talent agencies would be required to provide "educational materials regarding sexual harassment prevention, retaliation, and reporting resources to an adult artist within 90 days of agreeing to representation by the licensee or agency procurement of an engagement, meeting, or interview, whichever comes first." Educational materials concerning nutrition and eating disorders would also become mandatory. And before a minor could obtain an entertainment work permit, both the minor and his or her parent or guardian would be required to complete similar antiharassment training. Under the measure, talent agencies must retain records for three years demonstrating compliance with these requirements.

Meanwhile, AB 3082 would stake out first steps for antiharassment training for entities covered by the In-Home Supportive Services (IHSS) program, which provides residential services to qualified aged, blind, and disabled citizens. The bill would require the State Department of Social Services, in consultation with stakeholders, to develop, by September 30, 2019, both educational material and a "proposed method for uniform data collection to identify the prevalence of sexual harassment in the [IHSS] program."

Finally, two related bills could affect the janitorial services industry. As discussed below, AB 2732 substantively addresses immigration-related practices. But together, AB 2732 and AB 2079 would clarify record-keeping and registration requirements for janitorial service providers. Among other things, if adopted, these measures would require the Director of the Department of Industrial Relations to "convene an advisory committee to develop requirements for qualified organizations and peer trainers." Employers would be required to use content and qualified organizations approved by the committee when providing mandatory sexual harassment prevention training to employees.

Immigration-Related Practices

While AB 2732 touches on janitorial training requirements, the bill's arguably more prominent provisions relate to immigration-related practices. First, the bill prohibits employers from damaging, withholding, or possessing an individual's "actual or purported passport or other immigration document, or any other actual or purported government identification document" where involved in human trafficking, slavery, involuntary servitude, or any other coercive labor practice. In addition to criminal consequences of such conduct, employers violating this law would be subject to a civil penalty of up to $10,000. AB 2732 would also require employers to conspicuously post a notice at work describing employees' rights to hold their own immigration documents and how to contact the National Human Trafficking Hotline.

Second, under AB 2732, employers would be obligated to provide all employees (as of July 1, 2019) a "Worker's Bill of Rights," to be developed by the Department of Industrial Relations (DIR). The notice would summarize workers' rights to minimum wage, freedom of movement, and possession of their immigration and identification documents. New hires would receive the notice prior to verifying their employment authorization; employers would provide existing staff with the notice once it is available. The notice would be signed by employees, with a copy given to them, and acknowledgements retained by employers for three years.

Lactation Accommodation

Under the California Labor Code, all employers must grant "a reasonable amount of break time to accommodate an employee desiring to express breast milk" for a child.2 Currently, employers must provide employees with a location, other than a toilet stall, that is near their work area, to express milk in private. Governor Brown is weighing two bills that would enhance existing protections for employees who require lactation breaks.3

The first such bill, AB 1976, clarifies that the lactation space must be some location other than a bathroom. This measure thus would remove the possibility that an employer could provide space within a bathroom as long as the space is not a toilet stall. It also details the circumstances under which an employer may provide a temporary lactation location and how agricultural employers may comply. AB 1976 would exempt employers if they can show undue hardship and otherwise make reasonable efforts to provide a lactation space other than a toilet stall.

The provisions of SB 937 would go much farther than its state-assembly counterpart, adding significant requirements for lactation space. SB 937 would specify that the lactation room or location must be shielded from view, free from intrusion, and clean and safe. Moreover, this space must offer a surface (like a table) to place a breast pump and personal items, a place to sit, and access to electricity. SB 937 would obligate employers to provide access to a sink and refrigerator for storing milk near the employee's work area. Failure to comply with the lactation break or location requirements would constitute a failure to provide a rest period and could result in civil penalties. Employers would be prohibited from discriminating or retaliating against employees availing themselves of their rights under this law. Employers with fewer than 50 employees could request an exemption from the location requirements if they could show undue hardship in light of the size, nature, or structure of their business.

SB 937 would also require employers to implement a lactation accommodation policy, including an employee accommodation request procedure, to be issued to all employees. Under the bill, records of accommodation requests must be kept for three years. The Department of Labor Standards Enforcement would be tasked with creating a model lactation accommodation request form, and may also establish a model policy and related guidance, for employer use.

Labor Organizing: Home Care Aide Registry

Among all of the bills on his desk, one proposal—AB 2455—will look particularly familiar to Governor Brown. This measure is nearly identical to AB 1513, which he vetoed last year.

AB 2455 would amend the California Home Care Services Consumer Protection Act, which governs the licensing and registration of home care organizations. Currently, the State Department of Social Services maintains a registry of home care aides and applicants on its website. Although consumers can use this registry to confirm that a particular aide is licensed, an aide's personal contact information is not available to the public.

AB 2455 would require the disclosure of certain information, however, to labor organizations. For any renewals or registrations of home care aides on or after July 1, 2019, the Department would provide an electronic copy of a home care aide's name, telephone number, and cell phone numbers to unions, upon request. The bill would require advance written notice of this potential disclosure to home care aides and applicants beginning in July 2019. Under the bill, aides could opt out by requesting that contact information not be shared. Unions that received contact information would be forbidden from disclosing it to other parties or using it for reasons other than the organization and representation of employees.

Governor Brown vetoed the bill's predecessor due to concerns about the release of contact information for aides who joined the registry without knowing that this information could be subject to disclosure. Although his rejection of AB 1513 in 2017 did not discuss any specific perceived flaws in detail, it is unclear whether or why he might change his mind and approve this year's iteration.

Joint Employer Liability in Construction

Last year, California enacted a law (AB 1701) making direct contractors liable, under certain types of construction contracts, for unpaid wages, benefits, or contributions that a subcontractor owes for labor connected to the contract. AB 1701 further required subcontractors to provide required payroll records upon a direct contractor's request.

When approving AB 1701, Governor Brown explained that the sponsors of that law committed to introduce legislation in 2018 to clarify some confusion over its scope. Those sponsors have delivered on their promise, in the form of AB 1565. This bill would strike language providing that the direct contractor's liability for unpaid wages or benefits is in addition to any other existing rights and remedies. AB 1565 also explains that, in order for a direct contractor (or a higher-tiered subcontractor) to withhold disputed sums for a subcontractor's failure to provide information, the contractor must have specified in the relevant contract the documents and information that must be provided on request. If signed into law, this legislation is intended to take effect immediately.

Workplace Safety

AB 2334 would amend the Labor Code with respect to certain workers' compensation and health and safety provisions. As to the former, the bill would authorize the DIR to publish information about "the costs of administration, workers' compensation benefit expenditures, and solvency and performance of public self-insured employers' workers' compensation programs." No data could be released concerning private self-insured employers or individual identifiable claimants.

AB 2334 would also clarify that, under the California Health and Safety Code, record-keeping violations continue until corrected or discovered. The measure further acknowledges that the U.S. Occupational Health and Safety Administration (OSHA) issued a proposed rule to relax illness and injury reporting obligations adopted under the Obama administration. AB 2334 would provide that if OSHA "eliminate[s] or substantially diminishe[s] the requirement that employers electronically submit OSHA injury and illness data," the DIR would convene an advisory committee to assess what changes might be needed at the state level to protect the goals of current OSHA requirements.

Women Directors in Publicly Held Corporations

One noteworthy bill pending before Governor Brown—SB 826—would require publicly held corporations, with principal executive offices located in California, to include women directors on their boards. This measure would require corporations to have at least one female director by the close of the 2019 calendar year. By the end of 2021, corporations with five or more directors on the board must include at least two female members. And boards with six or more board seats must include at least three women. Penalties may be imposed for failure to timely file board member information, if mandated by regulation; penalty amounts would start at $100,000 for a first violation and rise to $300,000 for subsequent violations.

The bill would also require the California Secretary of State to issue annual public reports indicating the number of compliant corporations, the number of corporations that moved their domestic headquarters in or out of California per year, and the number of publicly held corporations that were covered by the law in the prior year but are no longer publicly traded.

Conclusion

As Governor Brown considers these measures, California employers should read up on bills that have already been approved4 and should stay tuned for his forthcoming decisions. Littler's Workplace Policy Institute (WPI) will continue to monitor developments out of Sacramento and will provide more in-depth analysis on bills that are enacted.

Footnotes

1 More information on the background of AB 3080 is available in the August 20, 2018 Senate Floor Analyses.

2 Cal. Lab. Code § 1030.

3 Other states have taken similar steps recently. See Stephanie Mills-Gallan, Illinois Expands Protections for Nursing Mothers in the Workplace, Littler ASAP (Aug. 23, 2018); Bill Foster, South Carolina Passes New Pregnancy Accommodations Act, Littler ASAP (May 29, 2018).

4 For a summary of a new law (AB 2770) protecting employer statements regarding sexual harassment allegations, see Bruce Sarchet, California Enacts a Privileged Communication Law Regarding Sexual Harassment Claims, Littler ASAP (July 12, 2018). And for details about recent amendments (AB 2282) to the California salary history ban, see Alexandra Hemenway, California Provides Guidance Regarding Its Salary History Ban, Littler ASAP (Aug. 7, 2018).

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
Similar Articles
Relevancy Powered by MondaqAI
 
In association with
Related Topics
 
Similar Articles
Relevancy Powered by MondaqAI
Related Articles
 
Related Video
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
 
Email Address
Company Name
Password
Confirm Password
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions