BILL ANALYSIS
AB 514
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Date of Hearing: May 13, 2009
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Kevin De Leon, Chair
AB 514 (De Leon) - As Amended: April 2, 2009
Policy Committee: Labor and
Employment Vote: 5-2
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill amends existing law relating to lactation
accommodation by employers. Specifically, the bill:
1 Requires an employer to provide a 20-minute paid rest period
during each four-hour work period to accommodate employee
desiring to express breast milk for the employee's infant
child.
2)Specifies that this rest period shall immediately precede or
follow any rest period to which the employee is entitled by
law.
3)Specifies that provision of this rest period for lactation
accommodation does not satisfy or otherwise affect an
employer's separate obligation to provide a meal or rest
period required by statute, an order of the Industrial Welfare
Commission, or a collective bargaining agreement.
FISCAL EFFECT
1)Enforcement costs to the Division of Labor Standards
Enforcement within the Department of Industrial Relations,
potentially in the range of $150,000 per year.
2)Moderate costs to state government as an employer, potentially
ranging from $500,000 to over $1 million per year, depending
on the extent to which added break time requires overtime or
other adjustments to be made by employers. This is most likely
to occur in occupations requiring constant job coverage, such
as hospitals, acute care facilities, and prisons.
AB 514
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COMMENTS
1)Background . In 2001 the Legislature enacted AB 1025 (Frommer),
Chapter 821/2001, which requires an employer to provide a
"reasonable amount" of break time to accommodate an employee
desiring to express breast milk for the employee's infant
child. AB 1025 specifies that the break time shall, if
possible, run concurrently with any break time already
provided to the employee. If the break time does not run
concurrently with other paid rest periods, it can be unpaid.
2)Rationale . According to the author, low-income working mothers
are least likely to breastfeed for the recommended six months
because often their work environment does not offer them the
support they need. Ensuring that all women have a break in
the day to pump milk will help protect all women, but
particularly low-income working women who want to continue
breastfeeding their babies. It will also ensure that their
babies receive the significant health benefits of breast milk.
3)Opposition . The California Chamber of Commerce argues that
this bill unnecessarily specifies the exact amount of break
time an employee must be provided to express breast milk.
They argue that given that current law requires an employer to
provide "reasonable" time, mandating a specified amount of
time is unnecessary and duplicative.
Analysis Prepared by : Brad Williams / APPR. / (916) 319-2081