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Tuesday, December 1, 2009

Update from the Labor Standards Enforcement

Angela Bradstreet is the Labor Commissioner from the state of California as well as Ethera Clemons the Assistant Chief and heads up the field enforcement.
Angela explains that she was appointed just over 2 years ago by the Governor. Her passion is about womens rights and has been. They have about 40 inspectors and 20 officers all over the state. They have been told to drop other complaints when a complaint comes in from a mother that she is not able to express her milk. The more they can educate and raise awareness to get the complaint to them; another citation about 3 weeks ago, and Angela is taking us through the website so we know how to make a complaint. Angela thanks Karen Farley and the CBC for letting her know what needs to be changed.

Ethera lets us know this is a serious statute. It is a newer statute for the division, so awareness and education must start. Therefore staff know where the complaint should go. When one comes in, they will be there within a couple of days. Web now says Labor Commissioner so people know where to go. Then go to FAQ, and then click Lactation Accommodation...scroll down and there are links to different areas as well as explanations. Help get the word out. Citations are per offense, $100 each time. Several complaints have come in and employers must adhere. The most recent the employer has agreed to pay, without appeal. If a mother says she wants to express and there is retaliation, there is a complaint process for that. There are forms and handouts about this too. Employers should have these posted. It is great that there are new policies that can be posted, revised October 2009! Thank you Labor Commissioner.....

Questions were asked about employers that say it hurts them? Angela says the burden of proof is with them to prove that.

Angela says that mothers must be given a private area, not just a private room but a private time to express.

Audience asks about time frame? It must be filed within 1 year from it happened. 6 months for retaliation.

Panel member asks about time for pumping: Angela lets us know that every mother is different and each case may be different. It says reasonable within the law.

Audience asks about language needs: web site is only in English but forms are in both. Angela addresses that this is an issue and they are working on the funds to begin this. At least the forms are in different languages.

Audience asks: since so few complaints be stream lined? Angela and Karen Peters acknowledge that this change is great. Angela again thanks CWA and CBC for bringing this up.

Audience member: how is implementation going with state employees? State people are given private places and offices are given up.

Panel Member: employee is given net time, so it is better that the place be close!

Wow thank you so much Angela and Esthera!!!

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