BILL NUMBER: SB 921 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 24, 2011
INTRODUCED BY Senator Lieu
FEBRUARY 18, 2011
An act to amend Section 145 of the Business and
Professions Code, relating to professions and vocations
add Section 230.1.5 to the Labor Code, relating to employment
.
LEGISLATIVE COUNSEL'S DIGEST
SB 921, as amended, Lieu. Professions and vocations:
Department of Consumer Affairs Employment: employee
leave .
Existing law provides that an employer who employs 25 or more
employees may not discharge or retaliate against an employee who
takes time off for specified activities or treatment as the result of
domestic violence or sexual assault.
This will would require the Department of Industrial Relations to
create and an employer to display for employees to read specified
information regarding the rights of workers to seek counseling or
treatment for domestic abuse or sexual assault and redress against an
employer who violates these rights.
Existing law establishes the Department of Consumer Affairs in the
State and Consumer Services Agency. Existing law provides that the
department is comprised of various state agencies that regulate
specified professions and vocations. Existing law sets forth the
Legislature's findings that unlicensed activity in the professions
and vocations regulated by the department is a threat to the health,
welfare, and safety of the people of the State of Califonia.
This bill would, instead, set forth the Legislature's findings
that unlicensed activity in the professions and vocations regulated
by the department is a dire and immediate threat to the health,
welfare, and safety of the people of the State of Califonia.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 230.1.5 is added to the
Labor Code , to read:
230.1.5. (a) The department shall create a poster that shall
include the following information:
(1) Definitions of domestic violence and sexual assault.
(2) Information regarding domestic violence and sexual assault
victim support resources.
(3) Information regarding the right of an employee under
subdivision (c) of Section 230 to take time off from work to obtain
or attempt to obtain relief related to domestic violence or sexual
assault, including a temporary restraining order, restraining order,
or other injunctive relief, to help ensure the health, safety, or
welfare of the victim or his or her child.
(4) Information regarding the right of an employee employed by an
employer with 25 or more employees under Section 230.1 to take time
off from work to do any of the following:
(A) To seek medical attention for injuries caused by domestic
violence or sexual assault.
(B) To obtain services from a domestic violence shelter, program,
or rape crisis center as a result of domestic violence or sexual
assault.
(C) To obtain psychological counseling related to an experience of
domestic violence or sexual assault.
(D) To participate in safety planning and take other actions to
increase safety from future domestic violence or sexual assault,
including temporarily or permanently relocating.
(5) Instructions on contacting the department and its Division of
Labor Standards Enforcement regarding violations of subdivision (c)
of Section 230 and Section 230.1.
(6) Information regarding legal remedies and complaint processes
available through the division for violations of subdivision (c) of
Section 230 and Section 230.1.
(7) Information regarding the right of an employee to file a
complaint pursuant to Section 98.7 if that employee has been
discriminated or retaliated against, including through discharge,
threat of discharge, demotion, or suspension, because the employee
has asserted his or her rights under subdivision (c) of Section 230
or Section 230.1.
(b) The department shall make the poster available to employers in
print and online in English, Chinese, Korean, Spanish, Tagalog, and
Vietnamese.
(c) An employer shall display a copy of the poster in each of the
available languages in a prominent and accessible location, which may
include restrooms, at its workplaces and job sites. An employer
shall also provide an employee at the time of hire with the name,
address, and telephone number of the employer in writing.
(d) If an employer violates this section, the division shall issue
an order requiring the employer to comply with this section.
(e) For purposes of this section, the following terms have the
following meanings:
(1) "Domestic violence" means any of the types of abuse set forth
in Section 6211 of the Family Code.
(2) "Sexual assault" means any of the crimes set forth in Section
261, 261.5, 262, 265, 266, 266a, 266b, 266c, 266g, 266j, 267, 269,
273.4, 285, 286, 288, 288a, 288.5, 289, or 311.4 of the Penal Code.
SECTION 1. Section 145 of the Business and
Professions Code is amended to read:
145. The Legislature finds and declares that:
(a) Unlicensed activity in the professions and vocations regulated
by the Department of Consumer Affairs is a dire and immediate threat
to the health, welfare, and safety of the people of the State of
California.
(b) The law enforcement agencies of the state should have
sufficient, effective, and responsible means available to enforce the
licensing laws of the state.
(c) The criminal sanction for unlicensed activity should be swift,
effective, appropriate, and create a strong incentive to obtain a
license.