BILL ANALYSIS                                                                                                                                                                                                    Ó





          SENATE COMMITTEE ON LABOR AND INDUSTRIAL RELATIONS
                             Senator Tony Mendoza, Chair
                                2015 - 2016  Regular 

          Bill No:               AB 2337      Hearing Date:    June 8,  
          2016
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          |Author:    |Burke                                                |
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          |Version:   |April 20, 2016                                       |
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          |Urgency:   |No                     |Fiscal:    |Yes              |
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          |Consultant:|Brandon Seto                                         |
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          Subject:  Employment protections:  victims of domestic violence,  
                             sexual assault, or stalking


          KEY ISSUES
          
          Should the Legislature require employers to provide their  
          employees with written notice of their right to take time off  
          from work for certain purposes if they are a victim of domestic  
          violence, sexual assault, or stalking?

          Should the Legislature facilitate this notice requirement by  
          instructing the Labor Commissioner to create and make available  
          on the commissioner's website, a form that employers may use to  
          notify employees of their rights in these situations? 


          ANALYSIS
          
           Existing law  

                 Prohibits employers with 25 or more employees from  
               discharging, discriminating or retaliating against an  
               employee who is a victim of domestic violence, sexual  
               assault, or stalking, and has taken time off from work,  
               after providing reasonable advance notice where feasible,  








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               for any of the following purposes:

                  1)        To seek medical attention for injuries caused  
                    by domestic violence, sexual assault, or stalking. 

                  2)        To obtain services from a domestic violence  
                    shelter, program, or rape crisis center as a result of  
                    domestic violence, sexual assault, or stalking. 

                  3)        To obtain psychological counseling related to  
                    an experience of domestic violence, sexual assault, or  
                    stalking.

                  4)        To participate in safety planning and/or to  
                    take other actions to increase their safety from  
                    future domestic violence, sexual assault, or stalking.  
                     
                 (Labor Code §230.1) 

                 Requires that employers maintain the confidentiality of  
               employees taking time off for the reasons above (Labor Code  
               §230.1). 

                 Entitles employees who are discharged, threatened with  
               discharge, demoted, suspended, or in any other manner  
               discriminated or retaliated against for taking time off for  
               the purposes above, to reinstatement, reimbursement for  
               lost wages, work benefits, and appropriate equitable relief  
               (Labor Code §230.1).   

                 States that employers who willfully refuse to rehire,  
               promote, or otherwise restore an employee or former  
               employee, in the circumstances specified, are guilty of a  
               misdemeanor (Labor Code §230.1).   

                 Permits employees who face discrimination or have their  
               rights violated as stated in abovementioned provisions to  
               file a complaint, as specified, with the Division of Labor  
               Standards Enforcement, within one year of the occurrence of  
               the violation (Labor Code §230.1).   

                 Allows employees to use, for the purposes specified  
               above, vacation, personal leave, or compensatory time,  
               unless otherwise provided by a collective bargaining  
               agreement.  However, the entitlements mentioned above  







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               cannot be infringed upon by any collective bargaining  
               agreement term or condition (Labor Code §230.1).
           

          This Bill
          
                  Requires employers to make available or provide written  
               notice to all employees of their rights pertaining to  
               victims of domestic violence, sexual assault, or stalking,  
               as specified in §230.1 of the Labor Code.

                 Instructs the Labor Commissioner to create a form for  
               employers to use in order to notify employees of these  
               rights, and to make that form available on the  
               commissioner's website.


          COMMENTS
          
          1.  Need for this bill?

            The author states that in 2013, SB 400 (Jackson) was signed  
            into law in California, effectively guaranteeing protections  
            for victims of intimate partner violence (IPV) who disclosed  
            their status to their employers. These protections included  
            anti-retaliation and non-discrimination provisions that  
            protect employees who are victims of domestic violence, sexual  
            assault, or stalking and who take time off to help address  
            these circumstances.  Despite SB 400's provisions, many  
            employees are still unaware that these protections even exist.  
            The author believes that AB 2337 is needed to ensure that  
            employers inform employees about the availability of these  
            rights. Addressing the information gap about SB 400's  
            protections could protect employees and their jobs, while  
            increasing their ability to receive care and support. 





          2.  Proponent Arguments  :
            
            Proponents state that domestic violence, sexual assault, and  
            stalking victims often face severe economic barriers when  
            attempting to leave their perpetrators. This abuse can often  







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            impede the ability of victims to maintain employment.  
            According to a study conducted by the Legal Aid  
            Society-Employment Law Center's Project SURVIVE, nearly 40% of  
            survivors reported that they were fired or feared termination  
            due to their status as victims of domestic violence. SB 400  
            (Jackson, 2013) protects survivors of domestic violence,  
            stalking, or sexual assault from discrimination and ensures  
            reasonable accommodation to maintain their employment.

            Proponents state that AB 2337 (Burke) makes certain that  
            employees are aware of these provisions, by requiring all  
            employers to distribute information in writing to their  
            employees regarding rights and protections guaranteed to them  
            if they experience domestic violence, sexual assault or  
            stalking. Without requiring such notifications, survivors are  
            unlikely to know that these vital protections are available to  
            them. Informing employees of their rights can help survivors  
            maintain their employment and economic stability during a time  
            of crisis. 
            

          3.  Opponent Arguments  :

            None received.


          4.    Double Referral:  

            This bill has been double-referred and, if approved by this  
            committee, it will be sent to the Senate Judiciary Committee  
            for a hearing.


          5.  Prior Legislation  :

            SB 400 (Jackson) Chapter 759, Statutes of 2013 - expanded the  
            protections given to victims of domestic violence, sexual  
            assault, and stalking who take time off to obtain relief,  
            support, or care. This bill also prohibited an employer from  
            discharging, retaliating or discriminating against an employee  
            because of their status as a victim of domestic violence,  
            sexual assault, or stalking, and required employers to provide  
            reasonable accommodations for such employees.

            AB 1740 (V. Manuel Pérez) of 2012 - was substantially similar  







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            to SB 400 and was held on the Assembly Appropriations  
            Committee suspense file.


          SUPPORT
          
          California Partnership to End Domestic Violence
          Consumer Attorneys of California
          Legal Aid Society - Employment Law Center
          
          OPPOSITION
          
          None on file.

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