California Employer Domestic Violence Notice Requirement
Last November, Assembly Bill No. 2337 (“AB 2337”) was signed into law amending Section 230.1 of the California Labor Code by requiring employers to provide written notice to all employees, including new employees upon hire, of their rights thereunder. Specifically, Section 230.1 prohibits employers from discriminating or retaliating against an employee who is a victim of domestic violence, sexual assault, or stalking for taking time off from work to seek medical attention for resulting injuries, receive counseling, participate in safety planning, or obtain services from a domestic violence shelter, program, or rape crisis center.
AB 2337 postponed the notice requirement until such time as the Labor Commissioner developed and posted on the Department of Industrial Relations’ (“DIT”) website a model notice. The Labor Commissioner has now issued its model notice. Accordingly, employers must immediately comply with the posting requirement either by adopting the Labor Commissioner’s model notice or developing their own notice, in which case such notice must be “substantially similar” to the model notice. The Labor Commissioner’s model notice is available on the DIR’s website here.
Please contact MSK if your business decides to develop its own notice and would like to ensure that it complies with the new law.