Most Read Contributor in United States, August 2016
'Tis the season for new employment laws in California. The
governor has until September 30th to sign or veto many
pending bills on his desk. So, this blog may be the first of
several updates in the coming weeks.
Issues related to domestic violence, sexual assault, and
stalking are all over the news. While existing law provides
protected time off to victims of domestic violence, apparently many
workers and employers are not aware of those rights. According to a
study by the Legal Aid Society Employment Law Center, nearly 40% of
survivors in the state reported being fired or fearing termination
due to intimate partner violence.
To address this issue, on September 14th the governor
signed AB 2377 a bill that requires employers of 25
or more to provide notice to employees of their rights to take
protected time off for domestic violence, sexual assault or
stalking. This new bill requires employers to "inform each
employee of his or her rights" upon hire and at any time
thereafter upon request. The Labor Commissioner will develop a form
for these purposes and publish it by July 1,
Until then employers should have a provision in their handbook
setting forth existing rights to take time off for the following
issues that arise from being a victim of domestic violence, sexual
assault, or stalking, including:
To seek medical attention for
To obtain services from a domestic
violence shelter, program or rape crisis center;
To obtain psychological
To participate in safety planning and
take related actions (such as temporary or permanent
Employers should also make sure that managers understand
employee rights to such time off (and to use available vacation
and/or sick time for such purposes), and are trained to forward
such sensitive issues to Human Resources to address any employee
concerns about retaliation for actually taking the time to address
such serious personal matters.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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In the article, "Three Handbook Policies to Rethink Immediately," featured in the September 2016 edition of WCR, Attorneys Wendy Coats and Rochelle Nelson discuss three policies restaurants should consider removing from their employee handbooks immediately
It is commonly understood that under the FMLA, an eligible employee of a covered employer is entitled to 12 workweeks of leave during a 12-month period for the birth of a child, the placement of a child for adoption or foster care, . . .
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