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 ----------------------------------------------------------------- |Author: |Burke | |-----------+-----------------------------------------------------| |Version: |April 20, 2016 | ----------------------------------------------------------------- ----------------------------------------------------------------- |Urgency: |No |Fiscal: |Yes | ----------------------------------------------------------------- ----------------------------------------------------------------- |Consultant:|Brandon Seto | | | | ----------------------------------------------------------------- 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, AB 2337 (Burke) Page 2 of ? 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 AB 2337 (Burke) Page 3 of ? 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 AB 2337 (Burke) Page 4 of ? 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 AB 2337 (Burke) Page 5 of ? 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. -- END --