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. 












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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.  










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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:











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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