Effective January 1, 2014, SB 288 adds §230.5 to the Labor Code to prohibit an employer from discharging, retaliating or discriminating against any employee for attending court proceedings against their perpetrator if the employee (or the employee’s spouse, parent, child, sibling, or guardian) has suffered direct or threatened physical, psychological, or financial harm as a result of a commission or attempted commission of a crime including: murder, rape, felony child abuse, stalking, domestic violence, kidnapping, carjacking and vehicular manslaughter while under the influence. If an employer violates Labor Code §230.5, the employee may file a complaint with the Department of Labor Standards Enforcement. If the employer is found to have violated the newly enacted provision, the employee would be entitled to reinstatement and reimbursement for lost wages and benefits.

Also effective as of January 1, 2014, SB 400 provides expanded protections for employees who are victims of stalking.

California Labor Code §§230 and 230.1 presently prohibit an employer from terminating, discriminating, or otherwise retaliating against an employee who is a victim of domestic violence, or sexual assault for taking time off from work to attend a court proceeding or to seek medical attention.

SB 400 amends Labor Code §§230 and 230.1 to provide the same protections for any employee who is a victim of stalking. Effective, January 1, 2014, a California employer is prohibited from terminating, or otherwise discriminating or retaliating against, an employee because s/he is a victim of domestic violence, sexual assault, or stalking, if the employee has notified the employer of his or her status as a victim, or the employer has actual knowledge of the employee’s status as a victim.

The new regulations further require California employers to provide reasonable accommodations to employees who notify their employers that they are victims, to ensure their safety at work. Such accommodations may include the implementation of safety measures such as a transfer, modified schedule, changed work telephone, new locks, etc. so long as they do not constitute an undue hardship for the employer. If a California employer violates this provision, the newly added legislation provides that the employee shall be entitled to reinstatement, back pay and injunctive relief.