Scott Wiener
- Democratic
- Senator
- District 11
Author
Existing law prohibits an employer, who is required by law to give an employee a rest period during a workday, from requiring the employee to work during the rest period. Existing law requires an employer to pay the employee one additional hour of pay, at the employee's regular rate of compensation, for each rest period not provided. Existing law requires employers to provide a reasonable amount of break time to employees desiring to express milk for the employee's infant child. Existing law also requires an employer to make reasonable efforts to provide the employee with the use of a room, or other location, other than a bathroom, in close proximity to the employee's work area, for the employee to express milk in private. Existing law exempts an employer from the break time requirement if the employer's operations would be seriously disrupted by providing that time to employees desiring to express milk. Existing law subjects employers who violate these provisions to a civil penalty of $100 per violation and authorizes the Labor Commissioner to issue citations for those violations. This bill would instead require an employer to provide a lactation room or location that includes prescribed features and would require an employer, among other things, to provide access to a sink and refrigerator in close proximity to the employee's workspace, as specified. The bill would deem denial of reasonable break time or adequate space to express milk a failure to provide a rest period in accordance with state law. The bill would prohibit an employer from discharging, or in any other manner discriminating or retaliating against, an employee for exercising or attempting to exercise rights under these provisions and would establish remedies that include filing a complaint with the Labor Commissioner. The bill would authorize employers with fewer than 50 employees to seek an exemption from the requirements of these provisions if the employer demonstrates that the requirement posed an undue hardship by causing the employer significant difficulty or expense, as specified. The bill would require an employer who obtains an exemption to make a reasonable effort to provide a place for an employee to express milk in private, as specified. The bill would require an employer to develop and implement a policy regarding lactation accommodation and make it available to employees, as specified.
Chaptered by Secretary of State. Chapter 720, Statutes of 2019.
Approved by the Governor.
Enrolled and presented to the Governor at 4 p.m.
Assembly amendments concurred in. (Ayes 28. Noes 11. Page 2847.) Ordered to engrossing and enrolling.
Read third time. Passed. (Ayes 57. Noes 13. Page 3329.) Ordered to the Senate.
In Senate. Concurrence in Assembly amendments pending.
Ordered to third reading.
Read third time and amended.
Read second time. Ordered to third reading.
Read second time and amended. Ordered to second reading.
From committee: Do pass as amended. (Ayes 13. Noes 4.) (August 30).
August 14 set for first hearing. Placed on APPR. suspense file.
Read second time and amended. Re-referred to Com. on APPR.
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 14. Noes 2.) (July 2).
From committee: Do pass and re-refer to Com. on B. & P. (Ayes 6. Noes 0.) (June 26). Re-referred to Com. on B. & P.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on L. & E.
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 26. Noes 9. Page 1182.) Ordered to the Assembly.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 4. Noes 2. Page 1090.) (May 16).
Set for hearing May 16.
May 13 hearing: Placed on APPR. suspense file.
Set for hearing May 13.
Read second time and amended. Re-referred to Com. on APPR.
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 2. Page 774.) (April 22).
April 22 set for first hearing. Reconsideration of favorable vote granted.
Set for hearing April 22.
Senate Rule 21.5(k)(2) suspended.
Read second time and amended. Re-referred to Com. on HOUSING.
From committee: Do pass as amended and re-refer to Com. on HOUSING. (Ayes 6. Noes 1. Page 749.) (April 11).
April 11 hearing: Reconsideration granted. (Ayes 6. Noes 0. Page 749.)
Joint Rule 62(a) suspended.
April 9 set for first hearing. Failed passage in committee. (Ayes 3. Noes 0. Page 652.)
Set for hearing April 9.
From committee: Do pass and re-refer to Com. on JUD. (Ayes 4. Noes 1. Page 466.) (March 27). Re-referred to Com. on JUD.
Set for hearing March 27.
Referred to Coms. on L., P.E. & R., JUD., and HOUSING.
From printer. May be acted upon on or after February 21.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB142 | HTML |
| 01/18/19 - Introduced | |
| 04/11/19 - Amended Senate | |
| 04/30/19 - Amended Senate | |
| 06/20/19 - Amended Assembly | |
| 07/03/19 - Amended Assembly | |
| 09/03/19 - Amended Assembly | |
| 09/06/19 - Amended Assembly | |
| 09/13/19 - Enrolled | |
| 10/10/19 - Chaptered |
| Document | Format |
|---|---|
| No related documents. |
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