On January 1, 2025, California Assembly Bill No. 2011 (AB 2011) will officially go into effect, introducing important changes to workplace protections for employees of small businesses. Sponsored by Assemblymember Rebecca Bauer-Kahan, this new law expands the small employer family leave mediation program to include reproductive loss leave and permanently establishes the program. AB 2011 not only aims to strengthen the existing mediation process but also provides more comprehensive support for workers whose rights are violated.
If you are an employee in California, here is what you need to know about AB 2011 and how it could affect your rights in the workplace.
Understanding AB 2011: Key Changes to California Employment Law
The small employer family leave mediation program, created under the California Fair Employment and Housing Act (FEHA), is designed to resolve disputes between employees and small employers (businesses with 5 to 19 employees) over violations of family care and medical leave laws. Under the previous law, mediated negotiations were available for disputes involving:
- Family care leave,
- Medical leave, and
- Bereavement leave.
AB 2011 expands the program to include reproductive loss leave, ensuring employees have recourse if their rights under this category are violated. Reproductive loss leave covers situations such as miscarriage, stillbirth, or other pregnancy-related losses, providing critical support for employees during emotionally and physically challenging times.
Permanent Implementation of the Program
Prior to AB 2011, the small employer mediation program was scheduled to end on January 1, 2025. This bill removes the expiration date, making the program a permanent feature of California employment law. This ensures that employees of small businesses will continue to have access to mediation services indefinitely.
Tolling of the Statute of Limitations
Under AB 2011, the statute of limitations for claims related to reproductive losses will be paused (or “tolled”) during the mediation process. This provision ensures that employees will not lose their right to pursue legal action due to the time taken to resolve the dispute through mediation.
Conditions for Mediation Completion
AB 2011 clarifies the conditions under which mediation is considered complete. For example:
- Mediation will end if the mediator determines the employer does not meet the size requirement of 5 to 19 employees.
- Mediation is also considered unsuccessful if the dispute is not resolved within 30 days of the mediation’s initiation unless more time is deemed necessary by the mediator.
These changes aim to streamline the mediation process while protecting employees from unnecessary delays.
How an Employment Lawyer Can Help If Your Rights Are Violated
While AB 2011 strengthens protections for employees, navigating the legal process can still be challenging. This is where an experienced employment lawyer can make all the difference.
1. Understanding Your Rights
California labor laws are complex, and the nuances of AB 2011 may not be immediately clear to employees. A lawyer can help you understand how reproductive loss leave and other protected rights apply to your specific situation. They can also determine whether your employer has violated these laws.
2. Preparing for Mediation
Before filing a lawsuit, employees must go through the mandatory mediation process. An employment lawyer can:
- Help you file the necessary paperwork with the Civil Rights Department (formerly the Department of Fair Employment and Housing).
- Assist in gathering evidence and documentation to support your claim.
- Represent you during mediation, ensuring your interests are protected.
3. Taking Legal Action if Necessary
If mediation is unsuccessful or your employer refuses to cooperate, you may need to file a civil lawsuit. An attorney can:
- Advise you on the strength of your case,
- File the lawsuit on your behalf, and
- Represent you in court to pursue compensation for lost wages, emotional distress, or other damages.
4. Ensuring Compliance with Deadlines
Even with the tolling provisions under AB 2011, keeping track of deadlines is critical. An experienced lawyer will ensure that all claims are filed within the applicable statute of limitations, preserving your right to seek justice.
5. Holding Employers Accountable
AB 2011 reinforces the rights of employees, but enforcement relies on individuals stepping forward. An employment lawyer can help you hold employers accountable for violating the law, promoting fairness and compliance in the workplace.
Why AB 2011 Matters
AB 2011 represents a significant step forward in protecting California workers, particularly those employed by small businesses. By expanding the mediation program to include reproductive loss leave and making the program permanent, the law provides a vital pathway for employees to address grievances without immediately resorting to litigation.
However, the mediation process can be daunting, and not all employers act in good faith. If you believe your rights have been violated, consulting an employment lawyer is the best way to ensure you are treated fairly under the law.
At Le Clerc & Le Clerc, LLP, we are committed to standing up for California workers. If you have questions about AB 2011 or believe your employer has violated your rights, contact us today for a consultation. Together, we can help you navigate the legal process and fight for the justice you deserve.By understanding the protections provided by AB 2011 and working with an experienced attorney, employees can ensure that their rights are upheld in the workplace. Don’t wait—seek legal advice to protect yourself and your future.
