BILL ANALYSIS
AB 2468
Page 1
Date of Hearing: April 21, 2010
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 2468 (De Leon) - As Amended: March 24, 2010
Policy Committee: Labor and
Employment Vote: 5-0
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill authorizes an employer to use the "Breast-Feeding
Mother-Friendly Workplace" in its promotional materials if the
employer submits its workplace breast-feeding policy to the
Labor Commissioner and includes specified criteria.
Specifically, the bill:
1)Allows an employer to use such a designation if its policy
includes several elements, including flexible work scheduling
that provides time for expression of breast milk, a convenient
private location for breast-feeding or expressing of breast
milk, a water source for washing hands, and a hygienic
refrigerator in the workplace for the temporary storage of
breast milk.
2)Requires the Labor Commissioner to maintain a list of
employers who are eligible to use the designation and to
publish the list on its website.
FISCAL EFFECT
1)Minor annual costs, probably in the range of from $15,000 to
$60,000 (special fund) to the Division of Labor Standards
Enforcement within the Department of Industrial Relations to
review workplace breast feeding policies and to develop and
maintain a database of eligible employers on its website.
2)Actual costs depend on number of employers seeking the
designation.
COMMENTS
AB 2468
Page 2
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 . The bill is intended to encourage employers to
provide supportive work environments for new mothers who
choose to continue breast-feeding after returning to work.
The author indicates that one of the barriers that prevent new
mothers-especially low-income working mothers-from continuing
to exclusively breastfeed, is the need to return to work
environments that do not provide the necessary support and
accommodations.
3)Related legislation . AB 514 (De Leon) of 2009 would have,
among other things, required an employer to provide a
20-minute paid lactation period during each four-hour work to
accommodate mothers wishing to express milk for their infant
child. The lactation period would have been in addition to
rest periods otherwise required by law. AB 514 was held under
submission by this committee.
Analysis Prepared by : Brad Williams / APPR. / (916) 319-2081