BILL ANALYSIS Ó
AB 2337
Page 1
ASSEMBLY THIRD READING
AB
2337 (Burke)
As Amended April 20, 2016
Majority vote
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Labor |7-0 |Roger Hernández, | |
| | |Patterson, Chu, | |
| | |Linder, McCarty, | |
| | |O'Donnell, Thurmond | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Judiciary |10-0 |Mark Stone, Wagner, | |
| | |Alejo, Chau, Chiu, | |
| | |Gallagher, | |
| | | | |
| | | | |
| | |Cristina Garcia, | |
| | |Holden, Maienschein, | |
| | |Ting | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Appropriations |20-0 |Gonzalez, Bigelow, | |
| | |Bloom, Bonilla, | |
| | |Bonta, Calderon, | |
| | |Chang, Daly, Eggman, | |
AB 2337
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| | |Gallagher, Eduardo | |
| | |Garcia, McCarty, | |
| | |Holden, Jones, | |
| | |Obernolte, Quirk, | |
| | |Santiago, Wagner, | |
| | |Weber, Wood | |
| | | | |
| | | | |
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SUMMARY: Expands employer notice requirements regarding
domestic violence employee protections. Specifically, this bill
provides that an employer shall inform each employee of his or
her rights established under current law protecting employees
affected by domestic violence, by providing that information in
writing to new employees upon hire and to other employees upon
request. This bill requires the Labor Commissioner to develop a
form that an employer may use to satisfy this notice
requirement, as specified.
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
specified reasons related to addressing the domestic violence,
sexual assault, or stalking.
2)Prohibits an employer from discharging, discriminating or
retaliating against an employee because of the employee's know
status as a victim of domestic violence, sexual assault, or
stalking.
AB 2337
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3)Requires that to the extent allowed by law, employers shall
maintain the confidentiality of any employee requesting leave
as specified.
4)Provides that an employee does not have a right to take unpaid
leave that exceeds the unpaid leave time allowed under, or is
in addition to the unpaid leave time permitted by, the federal
Family and Medical Leave Act of 1993.
5)Provides that any employee who is discharged, threatened with
discharge, demoted, suspended, or in any manner discriminated
or retaliated against in the terms and conditions of
employment by his or her employer because the employee has
taken time off for those purposes is entitled to reinstatement
and reimbursement for lost wages and work benefits caused by
the acts of the employer, as well as appropriate equitable
relief, and is allowed to file a complaint with the Division
of Labor Standards Enforcement (DLSE).
FISCAL EFFECT: According to the Assembly Appropriations
Committee, this bill will result in minor and absorbable costs
to the Labor Commissioner to develop the form as specified and
post on their website.
COMMENTS: The author argues that despite the provisions and
protections of current law, many employees are still uninformed
about their worker rights when it comes to domestic violence.
This bill is needed to ensure that employers are doing their
part in spreading information about what rights exist for
employees. Addressing the information gap about current
protections could go a long way towards keeping victims
employed, significantly increasing their chances of being able
to leave dangerous relationships.
AB 2337
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Analysis Prepared by:
Ben Ebbink / L. & E. / (916) 319-2091 FN:
0002840