Governor Brown Signs Legislation Providing Additional Workplace Protections for Victims of Sexual Assault & Domestic Violence
On September 14, 2016 Governor Brown signed AB 2337 into law.
The bill amends existing law which prohibits employers from discharging or in any manner discriminating or retaliating against an employee who is a victim of domestic violence, sexual assault, or stalking for taking time off from work for specified purposes related to addressing the domestic violence, sexual assault, or stalking.
Further, Labor Code Sec. 230.1 provides that any employee who is discharged, threatened with discharge, demoted, suspended, or in any manner discriminated or retaliated against in the terms and conditions of employment by his or her employer because the employee took time off for these purposes is entitled to reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer, as well as appropriate equitable relief, and may file a complaint with the California Labor Commissioner.
AB 2337 will require employers to inform each employee of his or her rights established under Labor Code Sec. 230.1 in writing to be provided to new employees upon hire and to others upon request. Additionally, the Labor Commissioner, on or before July 1, 2017, is required to develop a form for employers to use to comply with the notice requirement and post it on the commissioner’s web site. Until the form is posted, employers are not required to comply with the notice requirements.
Employers may want to review and revise their personnel policies and procedures to reflect changes to existing law as a proactive measure.
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