Signed by Governor Gavin Newsom

Vote Smart's Synopsis:

Vote to pass with amendment a bill that requires additional lactation accommodations for employees.

Highlights:

• Requires the California Building Standards Commission to develop and propose for adoption mandatory building standards for employee lactation spaces upon the commencement of the next triennial edition of the California Buildings Standards Code adopted after January 1, 2019 (Sec. 1).

• Requires the Lactation in the Workplace Ordinance to be used as the starting point for these building standards, and to be amended when necessary (Sec. 1).

• Requires employers to give reasonable break time for accomodating an employee wanting to express breast milk for their child every time they have a need to express milk (Sec. 2).

• Requires employers to provide lactation rooms or locations in close proximity to the employee work area, shielded from view, and free from intrusion while the area is in use (Sec. 3).

• Requires lactation rooms and locations to (Sec. 3):

• Be safe, clean, and free from hazardous materials;

• Contain a surface on which a breast pump and personal items can be placed;

• Have sitting accommodations; and

• Have access to electricity or alternative devices that can be used to operate electric or battery-powered breast pumps.

• Requires employers to provide access to a sink with running water and a refrigerator, or some other suitable cooling device, in close proximity to the employee’s workspace (Sec. 3).

• Specifies that lactation spaces can be shared amongst multiple employers if the employer is located in a multitenant building or multiemployer worksite and is unable to provide a lactation location within the employer’s own workspace (Sec. 3).

• Exempts employers with fewer than 50 employees from following these requirements if the employer can prove that a requirement would impose an undue hardship considering the size, financial resources, or structure of the employer’s business (Sec. 3).

• Establishes that a violation of this act can result in a citation and civil penalty of $100 each day an employee does not have reasonable break time or adequate space to express milk (Sec. 4).

• Requires employers to develop and implement policies concerning lactation accommodations (Sec. 5).

• Requires employers to maintain a record of requests for three years from the date of request, and to allow the Labor Commissioner access to these records as well as any employee that requests access (Sec. 5).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that requires additional lactation accommodations for employees.

Highlights:

• Requires the California Building Standards Commission to develop and propose for adoption mandatory building standards for employee lactation spaces upon the commencement of the next triennial edition of the California Buildings Standards Code adopted after January 1, 2019 (Sec. 1).

• Requires the Lactation in the Workplace Ordinance to be used as the starting point for these building standards, and to be amended when necessary (Sec. 1).

• Requires employers to give reasonable break time for accomodating an employee wanting to express breast milk for their child every time they have a need to express milk (Sec. 2).

• Requires employers to provide lactation rooms or locations in close proximity to the employee work area, shielded from view, and free from intrusion while the area is in use (Sec. 3).

• Requires lactation rooms and locations to (Sec. 3):

• Be safe, clean, and free from hazardous materials;

• Contain a surface on which a breast pump and personal items can be placed;

• Have sitting accommodations; and

• Have access to electricity or alternative devices that can be used to operate electric or battery-powered breast pumps.

• Requires employers to provide access to a sink with running water and a refrigerator, or some other suitable cooling device, in close proximity to the employee’s workspace (Sec. 3).

• Specifies that lactation spaces can be shared amongst multiple employers if the employer is located in a multitenant building or multiemployer worksite and is unable to provide a lactation location within the employer’s own workspace (Sec. 3).

• Exempts employers with fewer than 50 employees from following these requirements if the employer can prove that a requirement would impose an undue hardship considering the size, financial resources, or structure of the employer’s business (Sec. 3).

• Establishes that a violation of this act can result in a citation and civil penalty of $100 each day an employee does not have reasonable break time or adequate space to express milk (Sec. 4).

• Requires employers to develop and implement policies concerning lactation accommodations (Sec. 5).

• Requires employers to maintain a record of requests for three years from the date of request, and to allow the Labor Commissioner access to these records as well as any employee that requests access (Sec. 5).

Full Bill Text