AB 2288, as introduced, Roger Hernández. Child Labor Protection Act of 2014.
Existing law establishes a citation system for the imposition of civil sanctions against violators of the laws and regulations of the state relating to the employment of minors, and classifies citations according to the nature of the violation.
This bill would authorize treble damages to an individual who was discriminated against in the terms or conditions of his or her employment because he or she filed a claim or civil action alleging a violation of employment laws that arose while the individual was a minor. The bill would further subject a specified class of violations of employment laws relating to the employment of minors to a civil penalty, as provided. The bill would also require the tolling of the statute of limitations for claims arising from violations of employment laws until the person allegedly aggrieved attains majority, and would declare the latter provision declaratory of existing law.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 1311.5 is added to the Labor Code, to
2read:
(a) This section shall be known and may be cited as
4the Child Labor Protection Act of 2014.
5(a) The statute of limitations for claims arising under this code
6shall be tolled until an individual allegedly aggrieved by an
7unlawful practice attains the age of majority. This subdivision is
8declaratory of existing law.
9(b) In addition to other remedies available, an individual who
10is discharged, threatened with discharge, demoted, suspended,
11retaliated against, subjected to an adverse action, or in any other
12manner discriminated against in the terms or conditions of his or
13her employment because the individual filed a claim or civil action
14alleging a violation of this code that arose
while the individual
15was a minor, whether the claim or civil action was filed before or
16after the individual reached the age of majority, shall be entitled
17to treble damages.
18(c) A class “A” violation, as defined in subdivision (a) of Section
191288, that involves a minor 12 years of age or younger shall be
20subject to a civil penalty in an amount not less than twenty-five
21thousand dollars ($25,000) and not exceeding fifty thousand dollars
22($50,000) for each violation.
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