Today's Law As Amended

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SB-142 Employees: lactation accommodation.(2019-2020)



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.  child each time the 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 employer shall make reasonable efforts to  provide an employee with the use of a room or other location, other than a bathroom, in close proximity to the employee’s work area,  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)  An employer who makes a temporary lactation location available to an employee shall be deemed to be in compliance with this section if all of the following conditions are met: 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. 
(1) (c)   The employer is unable to provide a permanent lactation location because of operational, financial, or space limitations. A lactation room or location shall comply with all of the following requirements: 
(2) (1)   The temporary lactation location is private and free from intrusion while an employee expresses milk. Be safe, clean, and free of hazardous materials, as defined in Section 6382. 
(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, 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.
(3) (e)   The temporary lactation location is used only for lactation purposes while an employee expresses milk. Where a multipurpose room is used for 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. 
(4) (f)  (1)   The temporary lactation location otherwise meets the requirements of state law concerning lactation accommodation. An employer in a multitenant building or 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 a multiemployer worksite shall either provide lactation accommodations or provide a safe and secure location for a subcontractor employer to provide lactation accommodations on the worksite, within two business days, upon written request of any subcontractor employer with an employee that requests an accommodation.
(c) (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) An employer may comply with 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, free from intrusion while the employee is expressing milk, and otherwise compliant with this section.
(d) (i)  If an employer can demonstrate to the department that  An employer that employs fewer than 50 employees may be exempt from a requirement of this section if it can demonstrate that a 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 the an  employee with the use of a room or other location, other than a bathroom bathroom,  would impose an undue hardship when considered in relation to the size, nature, or structure of the employer’s business, an  such undue hardship, the  employer shall make reasonable efforts to provide an 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) An employer who violates any provision of  The denial of reasonable break time or adequate space to express milk in accordance with  this chapter shall be subject to a civil penalty in the amount of one hundred dollars ($100) for each violation. deemed a failure to comply 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.
(b) (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.  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.
(c) (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.