BILL ANALYSIS �
SB 288
Page 1
Date of Hearing: July 3, 2013
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
SB 288 (Lieu) - As Amended: April 1, 2013
Policy Committee: Labor and
Employment Vote: 7-0
Urgency: No State Mandated Local Program:
Yes Reimbursable: Yes
SUMMARY
This bill prohibits an employer from firing, discriminating, or
retaliating against an employee who is a victim of specified
crimes for talking time off work to appear in court to be heard
in any proceeding, as specified. Specifically, this bill:
1)Specifies the prohibition applies to all of the following:
a) Vehicular manslaughter while intoxicated.
b) Felony child abuse likely to produce great bodily harm
or death.
c) Assault resulting in the death of a child under the age
of eight.
d) Felony domestic violence.
e) Felony elder or dependent adult abuse.
f) Felony stalking.
g) Solicitation of murder.
h) A serious felony (as defined in Penal Code Section
1192.7).
i) Hit and run causing death or injury.
j) Felony driving under the influence.
2)Defines victim as any person who suffers direct or threatened
physical, psychological, or financial harm as a result of the
commission or attempted commission of a crime or delinquent
act. The term also includes the person's spouse, parent,
child, sibling, or guardian.
FISCAL EFFECT
Minor, absorbable costs to the Division of Labor Standards
SB 288
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Enforcement (DLSE) within the Department of Industrial Relations
to enforce the provisions of this measure.
COMMENTS
1)Existing law prohibits an employer from firing,
discriminating, or retaliating against an employee who is (a)
a crime victim for taking off work to appear in court, or (b)
a domestic violence or sexual assault victim for talking time
off work to obtain relief, including, but not limited to, a
temporary restraining order, restraining order, or other
injunctive relief, to help ensure the health, safety, or
welfare of the victim or his or her child.
Statute requires the employee to give the employer reasonable
notice of his or her intention to take time off, when
feasible. If no advance notice is given, the employer is
prohibited from taking action against the employee if the
employee, within a reasonable time, provided the employee
provides certification to the employer, as specified.
Current law also authorizes an employee who is fired,
threatened with firing, demoted, or suspended under these
provisions to file a complaint with the DLSE, as specified.
2)Rationale . According to the author, crime victims have a
constitutional right under Marcy's Law to attend all court
proceedings, yet they are not currently protected from
employment discrimination if they choose to exercise their
constitutional rights. SB 288 corrects this problem by
amending the Labor Code to provide employment protections for
victims.
Analysis Prepared by : Kimberly Rodriguez / APPR. / (916)
319-2081