BILL NUMBER: SB 56 CHAPTERED 09/07/99 CHAPTER 340 FILED WITH SECRETARY OF STATE SEPTEMBER 7, 1999 APPROVED BY GOVERNOR SEPTEMBER 7, 1999 PASSED THE ASSEMBLY AUGUST 23, 1999 PASSED THE SENATE MAY 27, 1999 AMENDED IN SENATE MAY 19, 1999 AMENDED IN SENATE APRIL 5, 1999 AMENDED IN SENATE FEBRUARY 8, 1999 AMENDED IN SENATE JANUARY 11, 1999 INTRODUCED BY Senator Solis (Coauthor: Senator Chesbro) DECEMBER 7, 1998 An act to amend Section 230 of the Labor Code, relating to employment. LEGISLATIVE COUNSEL'S DIGEST SB 56, Solis. Employment: time off to appear in court. Existing law authorizes a person who believes that he or she has been discharged or discriminated against in violation of any provision of the Labor Code under the jurisdiction of the Labor Commissioner to file a claim with the Division of Labor Standards Enforcement within 30 days of the violation. Existing law prohibits the discharge or other discrimination against an employee for taking time off from work to serve as a juror or witness, providing the employee gives reasonable notice to the employer of the anticipated absence. Additionally, existing law provides that an employee who has been discharged or discriminated against in violation of these provisions is entitled to reinstatement and reimbursement of lost wages and benefits. The failure of an employer to rehire or restore an eligible employee constitutes a misdemeanor. This bill would revise and expand the prohibition to prohibit retaliation as well as discrimination and specify that the prohibition would be applicable to an employee, including, but not limited to, an employee who is a victim of crime. The bill also would prohibit employers from discharging, discriminating, or retaliating against employees who are victims of domestic violence and who take time off to appear in court to obtain or attempt to obtain any relief to help ensure the health, safety, or welfare of a domestic violence victim or his or her child, if the employee gives the employer reasonable notice, as specified. The bill would authorize an employee who is a victim of domestic violence to file a claim with the division within one year of the violation for a violation of the bill. By revising and expanding the scope of a crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 230 of the Labor Code is amended to read: 230. (a) No employer shall discharge or in any manner discriminate against an employee for taking time off to serve as required by law on an inquest jury or trial jury, if the employee, prior to taking the time off, gives reasonable notice to the employer that he or she is required to serve. (b) No employer shall discharge or in any manner discriminate or retaliate against an employee, including, but not limited to, an employee who is a victim of a crime, for taking time off to appear in court to comply with a subpoena or other court order as a witness in any judicial proceeding. (c) No employer shall discharge or in any manner discriminate or retaliate against an employee who is a victim of domestic violence as defined in Section 6211 of the Family Code for taking time off from work to obtain or attempt to obtain any relief, including, but not limited to, a temporary restraining order, restraining order, or other injunctive relief, to help ensure the health, safety, or welfare of a domestic violence victim or his or her child. (d) As a condition of taking time off for a purpose set forth in subdivision (c), the employee shall give the employer reasonable notice that he or she is required to appear in court unless an unscheduled or emergency court appearance is required for the health, safety, or welfare of the domestic violence victim or his or her child. When an unscheduled or emergency court appearance is required, the employer shall not take any action against the employee if the employee, within a reasonable time after the appearance, provides evidence from the court or prosecuting attorney that he or she has appeared in court. (e) Any employee who is discharged, threatened with discharge, demoted, suspended, or in any other manner discriminated or retaliated against in the terms and conditions of employment by his or her employer because the employee has taken time off for a purpose set forth in subdivision (a), (b), or (c) shall be entitled to reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer. Any employer who willfully refuses to rehire, promote, or otherwise restore an employee or former employee who has been determined to be eligible for rehiring or promotion by a grievance procedure or hearing authorized by law is guilty of a misdemeanor. (f) (1) Any employee who is discharged, threatened with discharge, demoted, suspended, or in any other manner discriminated or retaliated against in the terms and conditions of employment by his or her employer because the employee has exercised his or her rights as set forth in subdivision (a), (b), or (c) may file a complaint with the Division of Labor Standards Enforcement of the Department of Industrial Relations pursuant to Section 98.7. (2) Notwithstanding any time limitation in Section 98.7, an employee filing a complaint with the division based upon a violation of subdivision (c) shall have one year from the date of occurrence of the violation to file his or her complaint. (g) An employee may use vacation, personal leave, or compensatory time off that is otherwise available to the employee under the applicable terms of employment, unless otherwise provided by a collective bargaining agreement, for time taken off for a purpose specified in subdivision (a), (b), or (c). The entitlement of any employee under this section shall not be diminished by any collective bargaining agreement term or condition. SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.