BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2337


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          CONCURRENCE IN SENATE AMENDMENTS


          AB  
          2337 (Burke)


          As Amended  August 4, 2016


          Majority vote


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          Original Committee Reference:  L. & E.




          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.


          The Senate amendments: 


          1)Require the Labor Commissioner to develop a form that  
            employers could use to comply with the notice requirement.








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          2)Require the Commissioner to post the compliant form on his or  
            her Internet Web site on or before July 1, 2017.


          3)Provide that an employer is not required to comply with the  
            disclosure requirement until the Commissioner posts the form.


          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  
            known status as a victim of domestic violence, sexual assault,  
            or stalking.


          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  








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            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 Senate Appropriations Committee,  
          pursuant to Senate Rule 28.8, negligible state costs.


          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. 




          Analysis Prepared by:   Taylor Jackson / L. & E. / (916)  
                          319-2091          FN: 0003854