AB 2337 – Requires that Employers Provide Notice to Employees Regarding Their Rights as a Victim of Domestic Violence, Sexual Assault or Stalking

Date: Nov 30, 2016 04:19 PM

Labor Code Section 230.1 prohibits an employer from discharging, or in any manner discriminating or retaliating against an employee who is a victim of domestic violence, sexual assault or stalking, or for taking time off from work to seek medication attention resulting from related injuries, obtain counseling, participate in safety planning or obtain services from a domestic violence shelter, program or rape crisis center.  However, Section 230.1 does not create a right for an employee to take unpaid leave that exceeds, or is in addition to, unpaid leave allotments under the federal Family and Medical Leave Act (FMLA).  Employees can file a complaint with the Labor Commissioner to address any alleged violations under Section 230.1, and to seek reinstatement, reimbursement for lost wages and work-related benefits, in addition to any appropriate equitable relief.

AB 2337 amends Section 230.1 to also affirmatively require that employers provide employees with written notice of their rights under Labor Code Sections 230 and 230.1.  This information must be provided to new employees upon hire and to other employees upon request. 

The bill authorizes the Labor Commissioner to develop a written notice by July 1, 2017, which employers may use to provide notice to their employees in compliance with this new law.  An employer can also use its own notice, so long as it contains substantially similar content to the model notice prepared by the Labor Commissioner.  Therefore, while AB 2337 technically goes into effect on January 1, 2017, employers will not be required to comply with its notice requirements until the Labor Commissioner posts the form on the Department’s website – which will occur at some point between now and July 1, 2017.  LCW will be tracking the Labor Commissioner’s efforts in producing a written notice and will provide additional information through our publications once this written notice becomes available.

(AB 2337 amends Section 230.1 of the Labor Code.)

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