BILL ANALYSIS Ó AB 2337 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 2337 (Burke) As Amended August 4, 2016 Majority vote -------------------------------------------------------------------- |ASSEMBLY: |73-0 |(May 19, 2016) |SENATE: | 38-0 |(August 15, | | | | | | |2016) | | | | | | | | | | | | | | | -------------------------------------------------------------------- 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. AB 2337 Page 2 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 AB 2337 Page 3 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