BILL NUMBER: AB 2288 ENROLLED
BILL TEXT
PASSED THE SENATE JUNE 26, 2014
PASSED THE ASSEMBLY MAY 5, 2014
INTRODUCED BY Assembly Member Roger Hernández
FEBRUARY 21, 2014
An act to add Section 1311.5 to the Labor Code, relating to
employment.
LEGISLATIVE COUNSEL'S DIGEST
AB 2288, 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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1311.5 is added to the Labor Code, to read:
1311.5. (a) This section shall be known and may be cited as the
Child Labor Protection Act of 2014.
(a) The statute of limitations for claims arising under this code
shall be tolled until an individual allegedly aggrieved by an
unlawful practice attains the age of majority. This subdivision is
declaratory of existing law.
(b) In addition to other remedies available, an individual who is
discharged, threatened with discharge, demoted, suspended, retaliated
against, subjected to an adverse action, or in any other manner
discriminated against in the terms or conditions of his or her
employment because the individual filed a claim or civil action
alleging a violation of this code that arose while the individual was
a minor, whether the claim or civil action was filed before or after
the individual reached the age of majority, shall be entitled to
treble damages.
(c) A class "A" violation, as defined in subdivision (a) of
Section 1288, that involves a minor 12 years of age or younger shall
be subject to a civil penalty in an amount not less than twenty-five
thousand dollars ($25,000) and not exceeding fifty thousand dollars
($50,000) for each violation.