Today's Law As Amended

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SB-937 Lactation accommodation.(2017-2018)



SECTION 1.

 Section 1030 of the Labor Code is amended to read:

1030.
 Every employer, including the state and any political subdivision, shall provide a reasonable amount of break time to accommodate an employee desiring to express breast milk for the employee’s infant child each time the such  employee has need to express milk. The break time shall, if possible, run concurrently with any break time already provided to the employee. Break time for an employee that does not run concurrently with the rest time authorized for the employee by the applicable wage order of the Industrial Welfare Commission shall be unpaid.

SEC. 2.

 Section 1031 of the Labor Code is amended to read:

1031.
 (a) An The  employer shall provide an the  employee with the use of a room or other location for the employee to express milk in private. The room or location may include the place where the employee normally works if it otherwise meets the requirements of this section.
(b) A lactation room or location shall not be a bathroom and shall be in close proximity to the employee’s work area, shielded from view, and free from intrusion while the employee is expressing milk. lactating. 
(c) A lactation room or location shall comply with all of the following requirements:
(1) Be safe, clean, and free of hazardous materials, as defined in Section 6382. toxic or hazardous materials. 
(2) Contain a surface to place a breast pump and personal items.
(3) Contain a place to sit.
(4) Have access to electricity or alternative devices, including, but not limited to, extension cords or charging stations,  devices  needed to operate an electric or battery-powered breast pump.
(d) The employer shall provide access to a sink with running water and a refrigerator suitable for storing milk in close proximity to the employee’s workspace. If a refrigerator cannot be provided, an employer may provide another cooling device suitable for storing milk, such as an employer-provided cooler.
(e) Where a multipurpose room is used for lactation, lactation  among other uses, the use of the room for lactation shall take precedence over the other uses, but only for the time it is in use for lactation purposes.
(f) (1) An employer in a multitenant building or a  multiemployer worksite may comply with this section by providing a space shared among multiple employers within the building or worksite if the employer cannot provide a lactation location within the employer’s own workspace.
(2) Employers or general contractors coordinating  that coordinate  a multiemployer worksite shall either provide lactation accommodations or provide a safe and secure location for a  subcontractor employer employers  to provide lactation accommodations accommodation  on the worksite, within two business days, upon written request of any subcontractor employer with an employee that who  requests an accommodation.
(g) An agricultural employer, as defined in Section 1140.4, shall be deemed to be in compliance with this section if the agricultural employer provides an employee wanting to express milk with a private, enclosed, and shaded space, including, but not limited to, an air-conditioned cab of a truck or tractor.
(h) (g)  An employer may comply with the requirements of  this section by designating a lactation location that is temporary, due to operational, financial, or space limitations. These temporary spaces shall not be a bathroom and shall be in close proximity to the employee’s work area, shielded from view,  should be identified by signage,  free from intrusion while the an  employee is expressing milk, and otherwise compliant with this section. should remain lactation spaces for the time they are used for lactation purposes. 
(i) (h)  An employer that employs  with  fewer than 50 employees may be exempt from a establish an exemption from any  requirement of this section if it  the employer  can demonstrate show  that a the  requirement would impose an undue hardship by causing the employer significant difficulty or expense  when considered in relation to the size, financial resources,  nature, or structure of the employer’s business. If that employer can demonstrate that the requirement to provide an employee with the use of a room or other location, other than a bathroom, would impose such undue hardship, the employer shall make reasonable efforts to provide the employee with the use of a room or other location, other than a toilet stall, in close proximity to the employee’s work area, for the employee to express milk in private. 

SEC. 3.

 Section 1033 of the Labor Code is amended to read:

1033.
 (a) The denial of reasonable break time or adequate space to express milk in accordance with this chapter shall be deemed a failure to comply  provide a rest period in accordance with state law  for purposes of Section 226.7. An aggrieved employee may file a complaint under this subdivision with the Labor Commissioner pursuant to Section 98.
(b) An employer shall not discharge, or in any other manner discriminate or retaliate against, an employee for exercising or attempting to exercise any right protected under this chapter. This subdivision is not intended to limit or expand an employee’s rights pursuant to Section 98.6. An aggrieved employee may file a complaint under this subdivision with the Labor Commissioner pursuant to Section 98.7.
(c) An employee may report a violation of this chapter to the Labor Commissioner’s field enforcement unit. If, upon inspection or investigation, the Labor Commissioner determines that a violation of this chapter has occurred, the Labor Commissioner may issue a citation and may impose a civil penalty in the amount of one hundred dollars ($100) for each day that an employee is denied reasonable break time or adequate space to express milk in violation of this chapter. The procedures for issuing, contesting, and enforcing judgments for citations or civil penalties issued by the Labor Commissioner for violations of this chapter shall be the same as those set forth in Section 1197.1.
(d) Notwithstanding any other provision of this code, violations of this chapter shall not be misdemeanors under this code.

SEC. 4.

 Section 1034 is added to the Labor Code, to read:

1034.
 (a) An employer shall develop and implement a policy regarding lactation accommodation that includes the following:
(1) A statement about an employee’s right to request lactation accommodation.
(2) The process by which the employee makes the request described in paragraph (1).
(3) An employer’s obligation to respond to the request described in paragraph (1) as outlined in subdivision (d).
(4) A statement about an employee’s right to file a complaint with the Labor Commissioner for any violation of a right under this chapter.
(b) The employer shall include the policy described in subdivision (a) in an employee handbook or set of policies that the employer makes available to employees.
(c) The employer shall distribute the policy described in subdivision (a) to new employees upon hiring and when an employee makes an inquiry about or requests parental leave.
(d) If an employer cannot provide break time or a location that complies with the policy described in subdivision (a), the employer shall provide a written response to the employee.
(e) An employer shall maintain a record of requests for three years from the date of request and shall allow the Labor Commissioner to access these records pursuant to Section 1174. An employer shall make these records available to an employee in the same manner as described in subdivisions (b) and (c) of Section 226. If an employer does not maintain adequate records pursuant to this section, or does not allow the Labor Commissioner reasonable access to such records, it shall be presumed that the employer has violated this chapter, absent clear and convincing evidence otherwise.

SEC. 5.

 Section 1035 is added to the Labor Code, to read:

1035.
 (a) The Division of Labor Standards Enforcement shall create a model lactation accommodation request form and shall make it available for download by employees and employers from its Internet Web site.
(b) The Division of Labor Standards Enforcement may establish a model lactation accommodation policy and lactation accommodation best practices that provide guidance to employers, and a list of optional but recommended amenities that may include the following:
(1) A permanent lactation location that is suitable for the preparation and storage of food.
(2) A door that can be locked from the inside.
(3) At least one electrical outlet.
(4) A washable, comfortable chair.
(5) Adequate lighting.
(6) The ability to partition the room.
(7) A refrigerator that the employer permits employees to use for storage of breast milk.
(8) A sink with hot and cold running water.
(9) A hospital-grade breast pump.
(10) A full-length mirror.
(11) A microwave.
(12) A locker to place personal belongings.
(13) A permanent sign outside designating the room for lactation accommodation.
(c) Noncompliance with the best practices outlined in this section shall not be deemed a violation of this chapter.