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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|ASSEMBLY: |73-0 |(May 19, 2016) |SENATE: | 38-0 |(August 15, |
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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