BILL NUMBER: AB 1025 CHAPTERED
BILL TEXT
CHAPTER 821
FILED WITH SECRETARY OF STATE OCTOBER 13, 2001
APPROVED BY GOVERNOR OCTOBER 12, 2001
PASSED THE ASSEMBLY SEPTEMBER 4, 2001
PASSED THE SENATE AUGUST 27, 2001
AMENDED IN SENATE AUGUST 22, 2001
AMENDED IN SENATE JULY 9, 2001
AMENDED IN ASSEMBLY APRIL 24, 2001
INTRODUCED BY Assembly Member Frommer
FEBRUARY 23, 2001
An act to add Chapter 3.8 (commencing with Section 1030) to Part 3
of Division 2 of the Labor Code, relating to employment.
LEGISLATIVE COUNSEL'S DIGEST
AB 1025, Frommer. Lactation accommodation.
Existing law imposes various requirements upon employers
concerning safety, working conditions, and other matters regarding
the workplace, but no requirement upon private employers to
accommodate employees desiring to express breast milk.
This bill would require employers to provide a reasonable amount
of break time to employees desiring to express milk. The break time
would be required to run concurrently, if possible, with any break
time already provided. The bill would provide further that in the
event it is not possible for the break time for expressing milk to
run concurrently with the break time that is already provided to the
employee, the break time for expressing milk shall be unpaid.
Employers would also be required to provide the use of a room, or
other location, other than a toilet stall, in close proximity to the
employees' work area. The bill would permit the room or other
location provided by employers to employees for the purpose of
expressing milk to include the place where the employee normally
works as long as that location meets the bill's other requirements.
This bill would exempt an employer from its requirements if the
employer's operations would be seriously disrupted by providing break
time to employees desiring to express milk. The bill would subject
employers who violate these provisions to specified civil penalties
and would authorize the Labor Commissioner to issue citations for
such violations. The bill further provides procedures for issuing,
contesting, and enforcing judgments for citations or civil penalties
issued by the Labor Commissioner for violations of the bill's
provisions and would impose a state-mandated local program by
requiring, through incorporation of an existing provision, clerks of
superior courts to issue judgments upon receipt of a prescribed
filing by the Labor Commissioner.
Existing law provides that certain violations of the Labor Code
are misdemeanors.
This bill would provide that, notwithstanding any provision of the
Labor Code, violation of the bill's provisions shall not be a
misdemeanor.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
This bill would provide that no reimbursement shall be made from
the State Mandates Claims Fund for costs mandated by the state
pursuant to this act, but would recognize that local agencies and
school districts may pursue any available remedies to seek
reimbursement for these costs.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 3.8 (commencing with Section 1030) is added to
Part 3 of Division 2 of the Labor Code, to read:
CHAPTER 3.8. LACTATION ACCOMMODATION
1030. Every employer, including the state and any political
subdivision, shall provide a reasonable amount of break time to
accommodate an employee desiring to express breast milk for the
employee's infant child. The break time shall, if possible, run
concurrently with any break time already provided to the employee.
Break time for an employee that does not run concurrently with the
rest time authorized for the employee by the applicable wage order of
the Industrial Welfare Commission shall be unpaid.
1031. The employer shall make reasonable efforts to provide the
employee with the use of a room or other location, other than a
toilet stall, in close proximity to the employee's work area, for the
employee to express milk in private. The room or location may
include the place where the employee normally works if it otherwise
meets the requirements of this section.
1032. An employer is not required to provide break time under
this chapter if to do so would seriously disrupt the operations of
the employer.
1033. (a) An employer who violates any provision of this chapter
shall be subject to a civil penalty in the amount of one hundred
dollars ($100) for each violation.
(b) If, upon inspection or investigation, the Labor Commissioner
determines that a violation of this chapter has occurred, the Labor
Commissioner may issue a citation. The procedures for issuing,
contesting, and enforcing judgments for citations or civil penalties
issued by the Labor Commissioner for violations of this chapter shall
be the same as those set forth in Section 1197.1.
(c) Notwithstanding any other provision of this code, violations
of this chapter shall not be misdemeanors under this code.
SEC. 2. No reimbursement shall be made from the State Mandates
Claims Fund pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code for costs mandated by
the state pursuant to this act. It is recognized, however, that a
local agency or school district may pursue any remedies to obtain
reimbursement available to it under Part 7 (commencing with Section
17500) and any other provisions of law.