Almost a year ago California businesses that employ 25 or more people were informed that they are required to provide written notice to new employees of his or her rights to take time off for the following reasons:

1. “To seek medical attention for injuries caused by domestic violence, sexual assault, or stalking.
2. To obtain services from a domestic violence shelter, program, or rape crisis center as a result of domestic violence, sexual assault, or stalking.
3. To obtain psychological counseling related to an experience of domestic violence, sexual assault, or stalking.
4. To participate in safety planning and take other actions to increase safety from future domestic violence, sexual assault, or stalking, including temporary or permanent relocation.”

The requirement falls under amending Section 230.1, Assembly Bill (AB) 2337, authored by Assemblywoman Autumn R. Burke in 2016. Subsequently, Governor Jerry Brown signed AB 2337 into law. A sign that California is committed to protecting the rights of the countless victims of domestic assault.

This past August, Assemblywoman Burke was appointed to serve as a member of the California Domestic Violence Advisory Council (DVAC) by the California State Assembly Speaker Anthony Rendon, the Los Angeles Sentinel reports. The DVAC works together with the Governor’s Office of Emergency Services (CalOES) to “ensure the safety and security of all domestic violence victim.”

AB 2337 and Troubling Statistics On Domestic Violence

In addition to informing new employees of their rights, employers must provide the information listed above to any current employee who asks. The aforementioned legislation also protects victims of domestic violence, sexual assault or stalking from being terminated due to work absences.

Unless you have or know someone who has been directly affected by domestic violence, you may not give the subject much thought. One’s life moves forward, despite what is happening in the shadows around you. You are probably unaware of just how prevalent domestic violence is, nor would you be aware the true impact it has on society. Upon accepting the new appointment which she expressed gratitude for, Burke said:

“The grim statistics are shocking – a study by the Center for Disease Control found that women lose nearly eight million days of paid work because of violence inflicted by their intimate partners which is equivalent of 32,114 full-time jobs each year. Additionally, intimate partner violence accounts for 15% of all violent crime, one-out-of-seven women have been stalked by an intimate partner in their lifetime, younger women ages 18-24 are commonly abused by an intimate partner, and women are six times more likely to be killed when there is a gun in the house. That is why I look forward to serving on the DVAC and continuing to promote state policies and support programs that seek to end acts of violence between spouses and domestic partners.”

As an aside: October is Domestic Violence Awareness Month. Which, California has officially observed since 1987, according to the article. “Love Shouldn’t Hurt” is a public awareness campaign sponsored by the DVAC.

Orange County Domestic Violence Attorney

Are you a victim of domestic violence, sexual assault or stalking? Or, do you know someone who has be affected by such troubling crimes? If so, Attorney Katie Walsh can advocate for you or a loved one regarding such matters. At the Law Offices of Katie Walsh, we can help both inside the courtroom and out, navigating the both the court process and in finding appropriate counseling services. We work closely with a number of experienced counselors, social workers and therapists. Please contact us today, we can help.

Teenagers are notorious for making rash decisions, some of which can greatly impact the course of their life. Young people, just like adults, often find themselves caught up in the legal system for such decisions, but with an important exception. Minors are usually tried within the juvenile criminal system. The records of which that many believe will be sealed upon a minor reaching adulthood. The idea being that people should not have to answer for the bad decisions of their youth, for the rest of their life. Unfortunately, that is not the case and young people are required to petition to have their juvenile records sealed.

When people apply for a job, there is typically a section that asks applicants about their criminal history, that is their adult criminal history. While employers usually do not ask about one’s juvenile record, sometimes employers will inquire which could impact an individual’s chance at getting hired.

Effective January 1, 2017, employers in California face new restrictions when it comes to inquiring into and the use of juvenile criminal information, The National Law Review reports. California Labor Code § 432.7 has been amended under Assembly bill (A.B.) No. 1843, which hereby prohibits employers from inquiring, seeking, or using a California applicant/employee’s juvenile criminal history in the employment context. AB 1843 prohibits:

1. Asking an applicant to disclose, either in writing or verbally, information concerning or related to an arrest, detention, processing, diversion, supervision, adjudication, or court disposition that occurred while the individual was subject to the process and jurisdiction of juvenile courts/ law.
2. Seeking from any source whatsoever, or using, as a factor in determining any condition of employment (e.g., hiring, promotion, termination, decisions related to a training program, etc.), any record concerning or related to an arrest, detention, processing, diversion, supervision, adjudication, or court disposition that occurred while the individual was subject to the process and jurisdiction of juvenile courts/law.

“The only exceptions apply to certain health care facilities, as defined in Section 1250 of the Health and Safety Code,” according to attorney, Sarah R. Nichols. “Those employers may ask applicants to disclose an arrest under any section specified in Section 290 of the Penal Code (for those positions with regular access to patients) or an arrest under any section specified in Section 11590 of the Health and Safety Code (for those positions with access to drugs and medication) in certain circumstances.”

If you live in California and are interested in sealing your juvenile criminal record, please contact the Law Offices of Katie Walsh. While some juvenile crimes, such as murder, arson, robbery, assault with a deadly weapon, certain gun charges, carjacking are generally unable to be sealed, we can help you determine if you qualify and petition the court to have your record sealed. It is a decision that can help you later in life.