BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 2288
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          Date of Hearing:  April 29, 2014

                           ASSEMBLY COMMITTEE ON JUDICIARY
                                Bob Wieckowski, Chair
             AB 2288 (Roger Hernández) - As Introduced: February 21, 2014
           
          SUBJECT  :  Child Labor Protection Act of 2014

           KEY ISSUE  :  SHOULD THE CHILD LABOR PROTECTION ACT OF 2014 BE  
          ENACTED TO STRENGTHEN CURRENT LAW TO PROTECT CHILDREN FROM CHILD  
          LABOR LAW ABUSES?

                                      SYNOPSIS

          According to the author, some of the nation's earliest labor  
          laws 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 that 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.   
          This measure seeks to enact The Child Labor Protection Act Of  
          2014 which would strengthen current law to protect children from  
          child labor law abuses by tolling pertinent statutes of  
          limitations periods, strengthening protections from retaliation,  
          and strengthening civil penalties for violations of statutes  
          protecting children from such labor abuses.  Given that this  
          measure just arrived in this Committee and is primarily in the  
          jurisdiction of that Committee, and that the expert staff of  
          that Committee prepared an excellent and thorough report of the  
          measure, this analysis relies almost exclusively on the  
          excellent recent analysis of that Committee.  The bill recently  
          passed the Labor and Employment Committee on April 23, 2014, by  
          a bipartisan vote of 7-0.  It has no known opposition.  

           SUMMARY  :  Enacts the Child Labor Protection Act of 2014 to  
          strengthen current law to protect children from child labor law  
          abuses by tolling pertinent statutes of limitations periods,  
          strengthening protections from retaliation, and strengthening  
          civil penalties for violations of statutes protecting children  
          from such labor abuses.  Specifically,  this bill  :  








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          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.

           EXISTING LAW  :  

          1)Generally provides for a three year statute of limitations for  
            an action upon a liability created by statute, other than a  
            penalty or forfeiture.  (Code of Civil Procedure section 338.)

          2)Provides that if a person entitled to bring specified actions  
            is, at the time the cause of action accrued either under the  
            age of majority or insane, the time of the disability is not  
            part of the time limited for the commencement of the action.   
            (Code of Civil Procedure section 352.)

           FISCAL EFFECT  :  As currently in print this bill is keyed  
          non-fiscal.

           COMMENTS  :  According to the author, some of the nation's  
          earliest labor laws 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  








                                                                  AB 2288
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          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.  This measure seeks to enact The Child  
          Labor Protection Act Of 2014 which would strengthen current law  
          to protect children from child labor law abuses by tolling  
          pertinent statutes of limitations periods, strengthening  
          protections from retaliation, and strengthening civil penalties  
          for violations of statutes protecting children from such labor  
          abuses.  The measure recently passed the Labor and Employment  
          Committee on April 23, 2014, by a bipartisan vote of 7-0. 

           Tolling of the Statute of Limitations  .  As noted above, existing  
          law already provides that the statute of limitations for claims  
          created by a 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 similarly 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  








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          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  
          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  :  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 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 
           
          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








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          UNITE HERE
          Utility Workers Union of America, Local 132

           Opposition 
           
          None on file
           
          Analysis Prepared by  :  Drew Liebert / JUD. / (916) 319-2334