Employers Act Even Before Additional Protections For Victims Of Domestic Violence Are Law

California Gov. Jerry Brown recently signed AB 2337, strengthening the job protections for victims of domestic violence, and ensuring those who work for employers with 25 or more employees are notified of protected time-off rights for domestic violence, sexual assault, or stalking, without threat of termination or retaliation. The Bill's author, Assemblymember Autumn Burke (representing the 62nd California Assembly District, including the cities of Inglewood and El Segundo, as well as coastal Los Angeles and L.A. County), proclaimed that "victims of domestic violence shouldn't have to choose between their job and their safety."

Labor Code Section 230 already prohibited employers of 25 or more from discriminating or retaliating against employees who are victims of domestic violence, sexual assault, or stalking, for taking time off from work for specified purposes. AB 2337 establishes the additional requirement that employers provide written notice of these already-existing rights to new employees "upon hire," and to current employees "upon request."

The statute as now amended protects time off for: (1) seeking a temporary restraining order or other injunctive relief to help ensure the health, safety, or welfare of the employee and/or his or her child; (2) seeking medical attention; (3) obtaining services from a domestic violence shelter or rape crisis center; (4) obtaining psychological counseling; and/or (5) participating in safety planning or relocation.

The Bill also requires the Labor Commissioner to develop a standard form for employer use by July 1, 2017. Until the Labor Commissioner posts the form to the Commission's website, employers are not required to comply with these notice requirements. Alternatively, employers may develop and use their own notice as long as it is "substantially similar in content and clarity" to the Labor Commissioner's form.

Despite Assemblymember...