BILL ANALYSIS Ó
AB 2288
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Date of Hearing: April 23, 2014
ASSEMBLY COMMITTEE ON LABOR AND EMPLOYMENT
Roger Hernández, Chair
AB 2288 (Roger Hernández) - As Introduced: February 21, 2014
SUBJECT : Child Labor Protection Act of 2014.
SUMMARY : Enacts the Child Labor Protection Act of 2014 to
enact various provisions of law related to violations of
existing law related to the employment of minors. Specifically,
this bill :
1)Provides that the statute of limitations for claims arising
under the Labor Code shall be tolled until an individual
allegedly aggrieved by an unlawful practice attains the age of
majority, and provides that this provision is declaratory of
existing law.
2)Provides that, 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 the Labor 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.
3)Provides that specified serious violations of existing law
that involve 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.
FISCAL EFFECT : None
COMMENTS : This bill proposes to enact various provisions of
law related to violations of existing law related to the
employment of minors.
Tolling of the Statute of Limitations
Existing California Code of Civil Procedure Section 352 and 338
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already provide that the statute of limitations for claims
created by statute is tolled until an individual reaches the age
of majority.
This bill would add similar language to the Labor Code to
specify that claims arising from child labor violations are
tolled until the individual reaches the age of majority.
According to the author, this acknowledges the fact that minors
may not be fully aware of their rights under the law, and are
uniquely vulnerable to intimidation and coercion not to come
forward with claims for violation of the law.
Provisions Related to Discrimination and Retaliation for Child
Labor Claims
According to the author, due to their age, child workers are
uniquely vulnerable to intimidation and retaliation, which often
prevents them from asserting their rights under the law.
This bill would strengthen protections for these most vulnerable
workers by providing that 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 the Labor Code that arose while the
individual was a minor shall be entitled to treble damages.
The author contends that this would provide a powerful
disincentive to employers to retaliate against these most
vulnerable workers.
Proposed Increases to Civil Penalties for the Most Serious Child
Labor Violations Involving Minors Aged 12 Years or Younger
Existing law provides for two types of civil penalties for child
labor violations. Class "A" violations are the most serious
violations that present an imminent danger to minor employees or
risk of death or serious harm, and contain a civil penalty of
$5,000-$10,000. Class "B" violations are less serious and
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provide a civil penalty of $500-$1,000.
This bill would increase the civil penalty for class "A" (the
most serious violations) where the minor is 12 years of age or
younger to $25,000-$50,000. According to the author, this would
provide added protections for our youngest child laborers
against the most serious types of violations.
ARGUMENTS IN SUPPORT :
According to the author, some of the earliest labor laws in our
nation were designed to protect child laborers from exploitation
and abusive working conditions. However, child labor law
violations continue to be rampant across many industries. In
November 2011, Human Rights Watch published a report on child
labor in the United States which exposed the fact that children
as young as seven are working on farms, often 10 or more hours
per day at the peak of harvest. In addition, the National Human
Trafficking Resource Center reported that from 2007 to 2013, 20
percent of calls to their hotline from California reported labor
trafficking, and nearly 30 percent of the victims were minors.
Supporters of this bill, including the California Teamsters
Public Affairs Council, state that over 100 years ago,
policymakers in this country began to question the benefits of
child labor and started to recognize some of its evils. Laws
were passed and organizations devoted to root out this problem
were formed. Unfortunately, exploitation of children in the
workplace is still a popular way for unscrupulous employers to
reduce costs. Besides a loss of childhood, these children
experience wage theft, increased instances of work-related
injuries, and other abuses.
Supporters argue that some may think this is a problem that only
exists in other places; however, this is simply not true. It
happens right here, in every region and city in California.
This bill would provide some meaningful penalties and the
procedural ability for victims to get justice. Moreover, it may
provide just enough disincentive to keep some employers from
engaging in this practice.
REGISTERED SUPPORT / OPPOSITION :
Support
AB 2288
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American Federation of State, County and Municipal Employees
California Conference of Machinists
California Conference of the Amalgamated Transit Union
California Labor Federation, AFL-CIO
California School Employees Association
California Teachers Association
California Teamsters Public Affairs Council
Communications Workers of America, District 9
Engineers & Scientists, Local 20
International Longshore and Warehouse Union, Coast Division
Professional & Technical Engineers, Local 21
UNITE HERE
Utility Workers Union of America, Local 132
Opposition
None on file.
Analysis Prepared by : Ben Ebbink / L. & E. / (916) 319-2091