Under an amended law in California, employers with 25 or more employees must inform each employee, in writing, of certain rights regarding domestic violence, sexual assault, and stalking.

The State Labor Commissioner is developing a form that employers can use to comply with the requirements.

However, employers are not obligated to notify employees until this form is available.

Background

Under California law, an employer with 25 or more employees must not discharge (or in any manner discriminate or retaliate against) an employee who is a victim of domestic violence, sexual assault, or stalking for taking time off from work for any of the following purposes:

• To seek medical attention for injuries caused by domestic violence, sexual assault, or stalking.
• To obtain services from a domestic violence shelter, program, or rape crisis center as a result of domestic violence, sexual assault, or stalking.
• To obtain psychological counseling related to an experience of domestic violence, sexual assault, or stalking.
• To participate in safety planning and take other actions to increase safety from future domestic violence, sexual assault, or stalking, including temporary or permanent relocation.

Note: The requirements noted above are in addition to the requirements and prohibitions imposed on employees under other provisions of state law (sec. 230).

Amended Law - What Does it Mean for Employers?

Essentially, employers with 25 or more employees must inform each employee of his or her rights established under the law above plus other provisions of state law in writing. The information must be provided to new employees upon hire and to other employees upon request.

Notices: Employers will have the option to use a form created by the state Labor Commissioner to meet the notification requirements above. This form will set forth the rights and duties of employers and employees under the law in clear and concise language. The Labor Commissioner will post the form on its website to make it available to employers who are required to comply with the law.

Notice availability: The Labor Commissioner is expected to develop the form and post it in accordance with the provisions above on or before July 1, 2017.

Compliance: Employers are not required to comply with the notice requirements above until the Labor Commissioner posts the form on its website in accordance with the provisions above.

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