Labor Code Section 230 currently provides that an employer is prohibited from terminating, discriminating or retaliating against an employee who is a victim of domestic violence, sexual assault, or stalking. This prohibition includes any action based on the employee’s status as a victim or any need for time off to obtain various types of relief to ensure the victim’s safety or the safety of a child.
In addition, current law provides that any employee, who is discharged, threatened with discharge, demoted, suspended, or in any manner discriminated or retaliated against by his or her employer because the employee has taken time off for those purposes, is entitled not only to reinstatement but also reimbursement for lost wages and work benefits caused by the acts of the employer. Other equitable relief may also be available.
An employee can file a complaint with the Division of Labor Standards Enforcement (Labor Commissioner) to enforce these rights.
The Governor signed AB 2337 which expands the current law by requiring employers (with 25 or more employees) to specifically provide written notice of the above rights to new employees upon hire and to other employees upon request.
The Labor Commissioner has been tasked with developing the form providing notice by July 1, 2017. Employers are not required to provide such notice until the Labor Commissioner posts the form.
(AB 2337 Amends Labor Code Section 230.1.) Effective July 1, 2017.