©2023 Seyfarth Shaw LLP www.seyfarth.com 2023 Cal-Peculiarities | 287 LC § Description Penalty 1025 Accommodation of Employee Attending Drug or Alcohol Rehab. Employers with 25+ employees must accommodate those who voluntarily enter drug or alcohol rehabilitation, if accommodation does not impose “undue hardship” on employer, though employers can deny employment to those whose current use of alcohol or drugs renders them unable to perform job duties, or to perform them in manner that would not endanger health or safety of individual or others. LC 2699 1027 Accrued Sick Time for Rehabilitation. Employers must allow employees to use their accrued sick leave while attending an alcohol or drug rehabilitation program. LC 2699 10301034 Lactation Accommodation. Employers must provide break time and a lactation room that is not a bathroom, is in close proximity to the employee’s work area, is shielded from view, is free from intrusion while the employee is lactating, is safe, clean, and free of hazardous materials, contains a surface to place a breast pump and personal items, contains a place to sit, has with access to electricity or alternative devices (e.g., extension cords, charging stations) that may be needed to operate an electric or battery-powered breast pump, and has access to a sink with running water and a refrigerator suitable for storing milk. If a multipurpose room is used for lactation and other uses, lactation must take precedence over the other uses. There is an undue hardship exemption for employers with fewer than 50 employees. LC 1033:$100 penalty per violation, plus premium pay for rest break violation 10411044 Literacy Accommodation. Employers with 25+ employees must reasonably accommodate employees with personal literacy problems who seek assistance, absent unreasonable hardship. Employer must provide information about literacy programs, but need not give paid leave for literacy training. Employers must take reasonable steps to ensure employee privacy regarding literacy problems. Employer must not discharge employee for revealing illiteracy if job performance is satisfactory. LC 2699 1510 Organ and bone marrow donors. Employers must grant paid leaves of up to 30 business days in a one-year period for organ donors, for the purpose of donating an organ to another person, and paid leaves of up to five business days in a one-year period for bone marrow donors, for the purpose of donating bone marrow to another person. Employers must also grant an additional unpaid leave of absence, not exceeding 30 business days in a one-year period, to organ donors, for the purpose of donating the employee’s organ to another person. LC 2699 7.25.13 Respecting protected activities LC § Description Penalty 98.6 Lawful Off-Duty Conduct. Employers must not discharge or in any manner discriminate, retaliate, or take any adverse action against any employee or applicant for engaging in conduct protected by section 96(k) (lawful offpremises conduct occurring during nonworking hours). 98.6(b)(3): $10,000, awardable to employee
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