BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 2337|
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THIRD READING
Bill No: AB 2337
Author: Burke (D), et al.
Amended: 8/4/16 in Senate
Vote: 21
SENATE LABOR & IND. REL. COMMITTEE: 3-0, 6/8/16
AYES: Mendoza, Leno, Mitchell
NO VOTE RECORDED: Stone, Jackson
SENATE JUDICIARY COMMITTEE: 7-0, 6/21/16
AYES: Jackson, Moorlach, Anderson, Hertzberg, Leno, Monning,
Wieckowski
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 73-0, 5/19/16 - See last page for vote
SUBJECT: Employment protections: victims of domestic
violence, sexual assault, or stalking
SOURCE: Author
DIGEST: This bill requires 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. In order to facilitate
compliance by employers, this bill requires the Labor
Commissioner (Commissioner) to develop a form that employers
could use to comply with the notice requirement. It also
requires the Commissioner to post the form on his or her Web
site on or before July 1, 2017, and provide that an employer is
not required to comply with the disclosure requirement until the
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Commissioner posts the form.
Senate Floor Amendments of 8/4/16 add Senator Jackson as a
coauthor and make a grammatical change regarding the specified
notice form to be developed by the Labor Commissioner.
ANALYSIS:
Existing law:
1)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, 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/or to take other
actions to increase their safety from future domestic
violence, sexual assault, or stalking. (Labor Code §230.1)
1)Requires that employers maintain the confidentiality of
employees taking time off for the reasons above (Labor Code
§230.1).
2)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).
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3)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).
4)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).
5)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 cannot be infringed
upon by any collective bargaining agreement term or condition
(Labor Code §230.1).
This bill:
1)Requires employers with 25 or more employees to provide
information in writing to new employees upon hire, and to
other employees upon request regarding their rights under
Sections 230(c), (e), (f) and 230.1 of the Labor Code, which
include their right to take time off from work for specified
purposes if they are a victim of domestic violence, sexual
assault, or stalking.
2)Requires the Commissioner to develop a form that employers
could use to provide written notice of the employees' rights
and requires the Commissioner to post the form on his or her
Web site on or before July 1, 2017.
3)Provides that an employer is not required to comply with the
disclosure requirements until the Commissioner posts the form.
Comments
Need for this bill? The author states that in 2013, SB 400
(Jackson, Chapter 759, Statutes of 2013) 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
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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.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: No
SUPPORT: (Verified8/2/16)
California Partnership to End Domestic Violence
Consumer Attorneys of California
Legal Aid Society - Employment Law Center
OPPOSITION: (Verified8/2/16)
None received
ARGUMENTS IN SUPPORT: 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 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
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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.
ASSEMBLY FLOOR: 73-0, 5/19/16
AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker,
Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke,
Calderon, Campos, Chau, Chávez, Chiu, Chu, Cooley, Cooper,
Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines,
Gallagher, Cristina Garcia, Gatto, Gipson, Gomez, Gonzalez,
Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden,
Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder,
Lopez, Low, Maienschein, Mayes, Medina, Melendez, Mullin,
Nazarian, O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas,
Rodriguez, Salas, Santiago, Mark Stone, Thurmond, Ting,
Wagner, Waldron, Weber, Wilk, Wood, Rendon
NO VOTE RECORDED: Chang, Eduardo Garcia, Mathis, McCarty,
Obernolte, Steinorth, Williams
Prepared by:Brandon Seto / L. & I.R. / (916) 651-1556
8/10/16 15:55:01
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