BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 2288| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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 CONTINUED AB 2288 Page 2 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 CONTINUED AB 2288 Page 3 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 CONTINUED AB 2288 Page 4 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 CONTINUED AB 2288 Page 5 NO VOTE RECORDED: Logue, Mansoor, Melendez, Vacancy AL:nl 6/12/14 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED