BILL ANALYSIS Ó
AB 2337
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Date of Hearing: April 19, 2016
ASSEMBLY COMMITTEE ON JUDICIARY
Mark Stone, Chair
AB 2337
(Burke) - As Amended March 18, 2016
As Proposed to be Amended
SUBJECT: Employment protections: victims of domestic violence,
sexual assault, or stalking
KEY ISSUE: should employers be required to provide written
notice to each employee of his or her right to take time off
from work, for specified purposes, if he or she is a victim of
domestic violence, sexual assault, or stalking?
SYNOPSIS
Existing law requires an employer of 25 or more employees to
permit any employee who is a victim of domestic violence, sexual
assault, or stalking to take time off from work in order to
obtain appropriate medical or counseling services or to take
steps to ensure his or her safety, including temporary or
permanent relocation. According to the author, however, not
enough employees are aware of their right to take time off from
work for these purposes. This bill, accordingly, requires
employers to inform each employee, in writing, of his or her
rights under existing law. This bill is supported by the
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California Partnership to End Domestic Violence and the Consumer
Attorneys of California. There is no opposition to this bill.
However, in response to a concern raised by the Chamber of the
Commerce about the need for uniform notices, the author has
agreed to take an amendment today in this Committee that would
require the Labor Commissioner to develop a form that employers
could use to provide notice and to post the form on the
Commissioner's Internet website. These amendments are reflected
in the summary and analysis below. The bill recently passed out
of the Assembly Labor Committee unanimously.
SUMMARY: Requires an employer to inform each employee of his or
her existing right to take time off from work, for certain
purposes, if he or she is a victim of domestic violence, sexual
assault, or stalking. Specifically this bill:
1)Requires an employer to inform each employee of his or her
rights, if he or she is or should become a victim of domestic
violence, sexual assault, or stalking, by providing
information on these rights in writing to new employees upon
hire and to other employees upon request.
2)Requires the Labor Commissioner to develop a form that an
employer may use to comply with the notice required by this
bill. The form shall set forth the rights and duties of
employers and employees in clear and concise language and post
this form on the Labor Commissioner's Internet website so that
it is reasonably accessible to employers who must comply with
this section. If the employer elects not to use the form
developed by the Labor Commissioner, the notice provided by an
employer to its employees shall be substantially similar to
the Labor Commissioner's form in content and clarity.
AB 2337
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EXISTING LAW:
1)Prohibits an employer with 25 or more employees from
discharging or in any manner discriminating or retaliating
against an employee who is a victim of domestic violence,
sexual assault, or stalking, for taking time off from work for
any of the following purposes:
a) To seek medical attention for injuries caused by
domestic violence, sexual assault, or stalking.
b) To obtain services from a domestic violence shelter,
program, or rape crisis center as a result of domestic
violence, sexual assault, or stalking.
c) To obtain psychological counseling related to an
experience of domestic violence, sexual assault, or
stalking.
d) To participate in safety planning and take other actions
to increase safety from future domestic violence, sexual
assault, or stalking. (Labor Code Section 230.1 (a).)
1)Requires an employee, as a condition of taking time off for
the purposes set forth above, to give the employer reasonable
advance notice of the employee's intention to take time off,
unless the advance notice is not feasible. (Labor Code Section
230.1 (b).)
2)Requires an employer to maintain the confidentiality of any
employee taking time off for the reasons set forth above,
except as provided. (Labor Code Section 230.1 (b)(2).)
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3)Entitles an employee who faces any adverse action for taking
time off for the purposes set forth above to reinstatement and
reimbursement for lost wages and work benefits caused by the
acts of the employer, as well as appropriate equitable relief.
Provides that an employer who willfully refuses to rehire,
promote, or otherwise restore an employee or former employee,
as specified, is guilty of a misdemeanor. Also authorizes an
employee who faces discrimination in violation of the above
provisions to file a complaint with the Division of Labor
Standards Enforcement, as specified. (Labor Code Section
230.1 (c)-(d).)
4)Allows an employee to use vacation, personal leave, or
compensatory time that is otherwise available to the employee
under the applicable terms of the employment agreement, unless
otherwise provided by a collective bargaining agreement.
However, the entitlement of any employee under the above
provisions shall not be diminished by any term or condition of
a collective bargaining agreement. (Labor Code Section 230.1
(e).)
FISCAL EFFECT: As currently in print this bill is keyed fiscal.
COMMENTS: Existing law requires an employer of 25 or more
employees to permit any employee who is a victim of domestic
violence, sexual assault, or stalking to take time off in order
to obtain appropriate medical or counseling services or to take
steps to ensure their safety, including temporary or permanent
relocation. This bill would require an employer to provide
information about these rights to each new employee upon hire
and any other employee upon request.
AB 2337
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California employees have had these rights, to some degree or
another, for nearly two decades. SB 56 (Chapter 340, Statutes
of 1999) prohibited discrimination and retaliation against
employees who are victims of domestic violence and who must take
time off to appear in court to obtain judicial relief. AB 2357
(Chapter 487, Statutes of 2000) expanded these protections to
allow an employee to take time off for medical treatment or
psychological counseling. AB 2195 (Ch. 275, Stats. 2002)
extended these protections to employees who are victims of
sexual assault. Most recently, SB 400 (Chapter 759, Statutes of
2013) extended these protections to victims of stalking and also
required employers to make reasonable accommodations for
employees who are survivors of domestic violence, sexual
assault, and stalking.
The protections afforded by existing law are vital in allowing
victims to maintain employment. For example, a study conducted
by the Legal Aid Society-Employment Law Center's Project SURVIVE
found that 40% of survivors reported that they were either
fired, or feared being fired, because of complications arising
from their status as victims of domestic violence. Yet,
according to the author, for as long as employees have been
afforded these protections, too often they remain unaware that
they possess these rights. This common-sense measure requires
employers to inform each employee of these rights by providing
the relevant information in writing to new employees upon hire
and to other employees upon request. As proposed to be amended,
the bill would additionally require the Labor Commissioner to
develop, and post on its Internet website, a form that employers
could use to provide this notice and comply with the provisions
of this bill.
This amendment was apparently suggested to the author by the
California Chamber of Commerce, who feared that leaving this
disclosure to each individual employer would result in a lack of
uniformity. Indeed, a standard form summarizing the employee's
rights would benefit the employee, who otherwise might be
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provided with a copy of the relevant code section; the language
in the code might make sense to lawyers and people who draft
legislation for a living, but it might be less readable and
understandable to an employer or employee. As proposed to be
amended, therefore, the bill would specify that any form
developed by the Labor Commissioner must be written in "clear
and concise" language. If an employer elects not to use the
Commissioner's form, the notice provided by the employer would
need to conform in substantial part to the Commissioner's form,
especially in terms of its clarity. Making use of the Labor
Commissioner's form optional would allow an employer who already
informs employees about their rights in an employee handbook
could continue doing so, so long as the notice in the employee
handbook provides the same information and in an equally clear
and concise manner.
Proposed Author Amendment: As noted, the author wishes to take
an amendment in this Committee that will require the California
Labor Commissioner to develop, and post on its Internet website,
a form that employers may use to comply with the notice
requirement proposed by this bill. Specifically, the author
wishes to take the following amendment:
- On page 4 line 1 after (h) insert: (1)
- On page 4 after line 4 insert:
(2) The Labor Commissioner shall develop a form that an employer
may use to comply with the notice requirement in paragraph (1).
The form shall set forth the rights and duties of employers and
employees under this section in clear and concise language and
post this form on the Labor Commissioner's Internet website so
that it is reasonably accessible to employers who must comply
with this section. If the employer elects not to use the form
developed by the Labor Commissioner, the notice provided by an
employer to its employees shall be substantially similar to the
Labor Commissioner's form in content and clarity.
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ARGUMENTS IN SUPPORT: According to the author, "AB 2337 ensures
that employees are actively informed about workplace protections
guaranteed to them if they disclose that they are victims of
intimate partner violence (IPV). Not enough employees are aware
that they have protections, such as a right to reasonable
accommodation and freedom from retaliation." The author points
out that when "other guaranteed benefits were expanded under
Paid Family Leave in California employers were required to
spread this information to their employees. The workplace
protections for victims of IPV are just as important and can
only assist victims in maintaining employment if they are aware
that these protections exist. AB 2337 works to close this
information gap so if employees are victimized by IPV they will
trigger their rights instead of quitting their jobs and
increasing the likelihood of homelessness and further abuse."
The Consumer Attorneys of California (CAOC) supports this bill
for the same reasons cited by the author. CAOC adds that while
"SB 400 [discussed in the analysis] made progress in alleviating
the burden placed on survivors and expanding their protections .
. . many victims are unaware that they have these rights . . .
which effectively hinders maintaining employment." The
California Partnership to End Domestic Violence adds that "AB
2337 moves us forward by helping to ensure that employees are
aware of these rights and protections, by requiring employers to
distribute information in writing to their employees regarding
rights and protections guaranteed to them . . . Without
requiring that employees are notified of their rights, survivors
are unlikely to know these vital protections are available to
them."
REGISTERED SUPPORT / OPPOSITION:
AB 2337
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Support
California Partnership to End Domestic Violence
Consumer Attorneys of California
Opposition
None on file
Analysis Prepared by:Thomas Clark / JUD. / (916) 319-2334