Wednesday, May 29, 2013

SB 761 Desaulnier FTDI - Amendments/AB837

SB761 is a most troubling bill as it would allow employees of businesses with less than 50 to take 6 weeks of unpaid family temporary leave. Yesterday it was amended per below to exclude businesses with less than 10 employees and who have worked 90 days. Failure of an employer to keep a job open

allows an employee the right to file a civil suit and collect attorney fees.

Please see below amendment. It must pass this week on the Senate floor or it will not be taken up this session.

Below are the specific amends that Senator Desaulnier added to his SB 761…

(f) An employer who regularly employs 10 or more individuals, or an agent of that employer, that discharges or in any other manner discriminates against an employee who has been employed by him or her for 90 working days or more because the employee has applied for, used, or indicated an intent to apply for or use, family temporary disability insurance benefits under this section shall be liable to an employee affected by the unlawful violation for actual damages and appropriate equitable relief, including reinstatement. An employee may bring a civil action seeking these remedies in a court of competent jurisdiction. If the employee prevails in the action, the court may award the employee reasonable attorney’s fees and cost.

AB 837 which is sponsored by Small Business California passed in the Assembly by a vote of 74 to 0. This bill will codify the SBDC program and is a first step in getting California to put forth funds to match the SBA funds.

We are watching small business relevant bills and you can see our positions by going to our website at

All bills must pass their house of origin this week.

Scott Hauge


Small Business California

2311 Taraval Street

San Francisco, CA 94116


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