BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                    THIRD READING


          Bill No:  AB 2288
          Author:   Hernández (D)
          Amended:  As introduced
          Vote:     21

           
           SENATE JUDICIARY COMMITTEE  :  6-0, 6/10/14
          AYES:  Jackson, Anderson, Lara, Leno, Monning, Vidak
          NO VOTE RECORDED:  Corbett

           ASSEMBLY FLOOR  :  76-0, 5/5/14 - See last page for vote


           SUBJECT  :    Child Labor Protection Act of 2014

           SOURCE  :     Author


           DIGEST  :    This bill tolls the statute of limitations for  
          unlawful labor practices until a child worker attains the age of  
          majority.  This bill also authorizes an award of treble damages  
          to an individual, who is discharged, threatened with discharge,  
          demoted, suspended, retaliated against, subjected to adverse  
          action, or in any other manner discriminated against in the  
          terms of conditions of his or her employment because he or she  
          filed a claim or civil action alleging a violation of the Labor  
          Code that arose while he or she was a minor, and increases civil  
          penalties. 

           ANALYSIS  :    Existing law:
           
           1.Defines "minor" to mean any person under the age of 18 years  
            who is required to attend school and any person under the age  
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            of six years.  A person under the age of 18 years who is not  
            required to attend school solely because that person is a  
            nonresident of California shall still be considered a minor. 

          2.Restricts the occupations in which minors may be employed and  
            the number of hours and times they may work.  Distinctions are  
            made according to age, with special rules and exceptions in  
            some groups.

          3.Generally protects individuals regarding wages, working hours,  
            and working conditions.

          4.Protects individuals from unlawful discrimination for  
            reporting employment violations and provides a statute of  
            limitations for bringing a claim of discrimination within six  
            months of the occurrence of the violation.

          5.Authorizes the Director of Industrial Relations to issue a  
            citation to a person in violation of any statutory provision  
            or rule or regulation relating to the employment of minors.

          6.Requires a citation issued to a person in violation of labor  
            laws against minors to be classified into one of two specified  
            classes.

          7.Generally provides a statute of limitations of three years for  
            a person to bring a claim based on statutory law, which  
            includes labor violations claims.

          8.Tolls the statute of limitations for specified civil actions  
            involving claims made by a minor until the minor reaches the  
            age of majority.

          This bill: 

          1.Enacts the Child Labor Protection Act of 2014 and provides  
            that the statute of limitations for claims involving labor law  
            violations be tolled until the individual allegedly aggrieved  
            by an unlawful practice attains the age of majority; this bill  
            declares that it 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  

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            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.

          3.Increases the amount of a Class "A" civil penalty to an amount  
            not less than $25,000 and not exceeding $50,000 for each  
            violation against a child worker 12 years of age or younger.

           Background
           
          The federal Fair Labor Standards Act established wage, working  
          hour, and working condition protections for child workers.   
          California enacted similar provisions and has expanded these  
          protections over the years.

          A recent study of child labor violations in the United States  
          called on states to increase child labor law protections.   
          (Human Rights Watch, Fields of Peril, Child Labor in US  
          Agriculture (2010).)  To better protect child workers, this bill  
          would enact the Child Labor Protection Act of 2014 and extend  
          (toll) the statute of limitations for a child worker's labor  
          violation claims until the child reaches the age of 18,  
          authorize an award of treble damages for discrimination or  
          retaliation against a child worker who files a labor claim or  
          civil action, and increase civil penalties for violations that  
          put a child worker in imminent danger or present a substantial  
          probability that death or serious physical harm would result to  
          the child.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No   Local:  
           No

           SUPPORT  :   (Verified  6/11/14)

          American Federation of State, County and Municipal Employees,  
          AFL-CIO
          California Conference of Machinists
          California Conference of the Amalgamated Transit Union
          California Labor Federation, AFL-CIO
          California School Employees Association, AFL-CIO

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          California Teachers Association
          California Teamsters Public Affairs Council
          Communications Workers of America, AFL-CIO, District 9
          Engineers & Scientists of California, IFPTE Local 20
          International Longshore and Warehouse Union, Coast Division
          Professional & Technical Engineers, IFPTE Local 21
          UNITE HERE
          Utility Workers Union of America, Local 132

           


          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.

               Assembly Bill 2288 would strengthen current law to protect  
               children from child labor law abuses.
          
           ASSEMBLY FLOOR  :  76-0, 5/5/14
          AYES:  Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,  
            Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian  
            Calderon, Campos, Chau, Chávez, Chesbro, Conway, Cooley,  
            Dababneh, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox,  
            Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon,  
            Gorell, Gray, Grove, Hagman, Hall, Harkey, Roger Hernández,  
            Holden, Jones, Jones-Sawyer, Levine, Linder, Lowenthal,  
            Maienschein, Medina, Mullin, Muratsuchi, Nazarian, Nestande,  
            Olsen, Pan, Patterson, Perea, V. Manuel Pérez, Quirk,  
            Quirk-Silva, Rendon, Ridley-Thomas, Rodriguez, Salas, Skinner,  
            Stone, Ting, Wagner, Waldron, Weber, Wieckowski, Wilk,  
            Williams, Yamada, John A. Pérez

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          NO VOTE RECORDED:  Logue, Mansoor, Melendez, Vacancy


          AL:nl  6/12/14   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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