BILL ANALYSIS
Senate Appropriations Committee Fiscal Summary
Senator Christine Kehoe, Chair
2468 (De Leon)
Hearing Date: 7/15/2010 Amended: 3/24/2010
Consultant: Bob Franzoia Policy Vote: L&IR 4-1
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BILL SUMMARY: AB 2468 would authorize an employer to use the
designation "Breast-Feeding Mother-Friendly Workplace" in its
promotional materials if the employer submits its workplace
breast feeding policy to the Labor Commissioner and the Labor
Commissioner determines that the employer's policy provides for
specified criteria. The Labor Commissioner shall maintain a
list of employers who are eligible to use the designation and
shall publish that list on the Department of Industrial
Relation's (department) Internet Web site.
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Fiscal Impact (in thousands)
Major Provisions 2010-11 2011-12 2012-13 Fund
Review of workplace policies $5 to $60 annually; depending
on the Special*
and Web site publication number of policies to be
reviewed and
the work involved determining
if policies
meet criteria set forth in
bill
* Labor Enforcement and Compliance Fund
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STAFF COMMENTS:
Under current law, employers shall provide a reasonable amount
of unpaid break time to accommodate an employee to express
breast milk. The break time shall, if possible, run
concurrently with any break time already provided to the
employee. Employers must make a reasonable effort to provide
the employee with the use of a room or location, other than a
toilet stall, in close proximity to the employee's work area and
which may be the room or location where the employee normally
works (Labor Code Section 1031). Employers are not required to
provide break time if to do so would seriously disrupt the
operations of the employer.
The department will incur some costs to modify its Web site in
order make available a list of employers who are eligible.
Depending on the number of employer submitting information in
order to secure the designation "Breast-Feeding Mother-Friendly
Workplace" the department will incur costs to review and confirm
the information. This analysis estimates that cost may require
up to one half personnel year annually and assumes enforcement
would occur within the current workload of the department's
Division of Labor Standards Enforcement.