SB 790, as introduced, Price. Labor standards: enforcement.
Existing law requires the Labor Commissioner to establish and maintain a field enforcement unit, which shall be administratively and physically separate from offices of the division that accept and determine individual employee complaints. Existing law requires the Labor Commissioner to adopt an enforcement plan for the field enforcement unit. Existing law requires the Labor Commissioner to annually report to the Legislature concerning the effectiveness of the field enforcement unit.
This bill would make technical, nonsubstantive changes to this provision.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 90.5 of the Labor Code is amended to
2read:
(a) It is the policy of this state to vigorously enforce
4minimum labor standards in order to ensure employees are not
5required or permitted to work under substandard unlawful
6conditions or for employers that have not secured the payment of
7compensation, and to protect employers who comply with the law
P2 1from those who attempt to gain a competitive advantage at the
2expense of their workers by failing to comply with minimum labor
3standards.
4(b) In order to ensure that minimum labor standards are
5adequately enforced, the Labor Commissioner shall establish and
6maintain a field enforcement unit, which shall be administratively
7and physically separate from offices of the division that accept
8and determine individual employee
complaints. The unit shall have
9offices in Los Angeles, San Francisco, San Jose, San Diego,
10Sacramento, and any other locations that the Labor Commissioner
11deems appropriate. The unit shall have primary responsibility for
12administering and enforcing those statutes and regulations most
13effectively enforced through field investigations, including Sections
14226, 1021, 1021.5, 1193.5, 1193.6, 1194.5, 1197, 1198, 1771,
151776, 1777.5, 2651, 2673, 2675, and 3700, in accordance with the
16plan adopted by the Labor Commissioner pursuant to subdivision
17(c). Nothing in this section shall be construed to limit the authority
18of this unit in enforcingbegin delete anyend deletebegin insert aend insert statute or regulation in the course
19of its investigations.
20(c) The Labor Commissioner shall adopt an enforcement plan
21
for the field enforcement unit. The plan shall identify priorities for
22investigations to be undertaken by the unit that ensure the available
23resources will be concentrated in industries, occupations, and areas
24in which employees are relatively low paid and unskilled, and
25those in which there has been a history of violations of the statutes
26cited in subdivision (b), and those with high rates of noncompliance
27with Section 3700.
28(d) The Labor Commissioner shall annually report to the
29Legislature, not later than March 1, concerning the effectiveness
30of the field enforcement unit. The report shall include, but not be
31limited to,begin delete all ofend delete the following:
32(1) The enforcement plan adopted by the Labor Commissioner
33pursuant to subdivision (c), and the rationale for the priorities
34identified in the plan.
35(2) The number of establishments investigated by the unit, and
36the number of types of violations found.
37(3) The amount of wages found to be unlawfully withheld from
38workers, and the amount of unpaid wages recovered for workers.
P3 1(4) The amount of penalties and unpaid wages transferred to
2the General Fund as a result of the efforts of the unit.
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