Existing law requires an employer to indemnify the employer’s employee for all necessary expenditures or losses incurred by the employee in direct consequence of the discharge of the employee’s duties, or of the employee’s obedience to the employer’s directions, even though unlawful, unless the employee, at the time of obeying the directions, believed them to be unlawful.

This bill would provide that the expense or cost of any employer-provided or employer-required educational program or training, as defined, for an employee providing direct patient care or an applicant for direct patient care employment constitutes a necessary expenditure or loss incurred by the employee in direct consequence of the discharge of the employee’s duties. The bill would make these provisions only applicable to applicants for employment and employees providing direct patient care for an employer, whether public or private. The bill would prohibit an employer, or any person acting on behalf of the employer, from retaliating against an applicant for employment or employee for refusing to enter into a contract or agreement that violates these provisions. The bill would require a court to award, in any action brought pursuant to these provisions, a prevailing plaintiff reasonable attorney’s fees and costs. The bill would provide that its provisions are declaratory of and clarifies existing law with respect to employees.