BILL ANALYSIS Ó 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 Page 2 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