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California Must Notify Employees of Domestic Violence, Sexual Assault and Stalking Victims’ Rights

Existing law 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 for taking time off from work for specified activities in the aftermath of those acts. See Labor Code section 230.

California Assembly Bill AB 2337 (the Act), passed in 2016, amended Labor Code section 230.1 to require that private employers with 25 or more employees provide employees information about their rights to appear in court, their rights to accommodation to protect their safety while at work, and their right to freedom from discrimination or retaliation based on their status as victims of domestic violence, sexual assault, or stalking. The Act requires that an employer provide new employees written notice of these rights upon hire and other employees upon request.

The Act charges the Labor Commissioner with creating a written notice for this purpose and posting it on the Commissioner’s website or before July 1, 2017, which is also the date when employers must begin complying with the Act. An Employer may use the form posted by the Labor Commissioner or develop its own form which must be substantially similar in content or clarity.

Once the notice is available, unless there is a compelling reason not to do so, it would be advisable to use the Labor Commissioner’s form and give it to all employees regardless of whether they request it.

For further information, please contact Tim Bowles, Cindy Bamforth or Helena Kobrin for more information.

Helena Kobrin

January 6, 2017