BILL NUMBER: SB 1267 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Aanestad
FEBRUARY 19, 2010
An act to amend Sections 226.3, 1288, and 1391 of, and to add
Section 3723 to, the Labor Code, relating to labor violations.
LEGISLATIVE COUNSEL'S DIGEST
SB 1267, as introduced, Aanestad. Labor violations: penalties:
exceptions.
Existing law provides penalties for violating certain requirements
relating to employment, specifically including the requirement for
an employer to provide wage deduction statements, the requirement for
an employer to carry workers' compensation insurance, and
requirements relating to the employment of minors.
This bill would provide that the penalties must be waived if the
employer employees fewer than 15 employees, has never violated the
specified requirement before, and shows proof of compliance with the
requirement, as specified.
Existing law makes it a misdemeanor for a person to employ a minor
for more than a specified period of time during a workday or a
workweek.
This bill would make it an infraction for a person to employ a
minor for more than a specified period of time during a workday or a
workweek if the employer employs 5 or fewer employees and has never
violation that provision before.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 226.3 of the Labor Code is amended to read:
226.3. (a) Any employer who violates
subdivision (a) of Section 226 shall be subject to a civil penalty in
the amount of two hundred fifty dollars ($250) per employee per
violation in an initial citation and one thousand dollars ($1,000)
per employee for each violation in a subsequent citation, for which
the employer fails to provide the employee a wage deduction statement
or fails to keep the records required in subdivision (a) of Section
226. The civil penalties provided for in this section are in addition
to any other penalty provided by law. In
(b) In enforcing this section,
the Labor Commissioner shall take into consideration whether the
violation was inadvertent, and in his or her discretion, may decide
not to penalize an employer for a first violation when that violation
was due to a clerical error or inadvertent mistake.
(c) Notwithstanding subdivision (b), the Labor Commissioner shall
not assess a civil penalty if all of the following circumstances
exist:
(1) The employer employs 15 or fewer employees.
(2) The employer has not previously violated subdivision (a) of
Section 226.
(3) The employer provides the Labor Commissioner proof of
compliance with subdivision (a) of Section 226 within 48 hours of the
issuance of a citation issued pursuant to Section 226.4.
SEC. 2. Section 1288 of the Labor Code is amended to read:
1288. Citations issued pursuant to this article shall be
classified according to the nature of the violation, and shall
indicate the classification on the face thereof, as follows:
(a) Class "A" violations are violations of Section 1290, 1292,
1293, 1293.1, 1294, 1294.1, 1294.5, 1308, 1308.1, or 1392, and any
other violations that the director determines present an imminent
danger to minor employees or a substantial probability that death or
serious physical harm would result therefrom. The violation of
Section 1391 for the third or subsequent time shall also constitute a
class "A" violation. A physical condition or one or more practices,
means, methods, or operations in use in a place of employment may
constitute a violation. A class "A" violation is subject to a civil
penalty in an amount not less than five thousand dollars ($5,000) and
not exceeding ten thousand dollars ($10,000) for each and every
violation. Willful or repeated violations shall receive higher civil
penalties than those imposed for comparable nonwillful or first
violations, not to exceed ten thousand dollars ($10,000).
(b) (1) Class "B" violations are violations
of Section 1299 or 1308.5, or a violation of Section 1391 for the
first and second time, and those other violations that the director
determines have a direct or immediate relationship to the health,
safety, or security of minor employees, other than class "A"
violations. A class "B" violation is subject to a civil penalty in an
amount not less than five hundred dollars ($500) and not to exceed
one thousand dollars ($1,000) for each and every violation. Willful
or repeated violations shall receive higher civil penalties than
those imposed for comparable nonwillful or first
previous violations. A second violation of Section 1391
shall be subject to a civil penalty of one thousand dollars ($1,000).
(2) Any penalty ordered pursuant to this subdivision shall be
waived if all of the following circumstances exist:
(A) The employer employs 15 or fewer employees.
(B) The employer has never previously violated any of the sections
listed in paragraph (1).
(C) The employer provides the director proof of compliance with
the provisions of the relevant section listed in paragraph (1) within
48 hours of the issuance of the citation.
(c) Nothing in this section shall preclude
precludes the imposition of criminal penalties provided for in
this chapter.
SEC. 3. Section 1391 of the Labor Code is amended to read:
1391. (a) Except as provided in Sections 1297, 1298, and 1308.7:
(1) No employer shall employ a minor 15 years of age or younger
for more than eight hours in one day of 24 hours, or more than 40
hours in one week, or before 7 a.m. or after 7 p.m., except that from
June 1 through Labor Day, a minor 15 years of age or younger may be
employed for the hours authorized by this section until 9 p.m.
in the evening .
(2) Notwithstanding paragraph (1), while school is in session, no
employer shall employ a minor 14 or 15 years of age for more than
three hours in any schoolday, nor more than 18 hours in any week, nor
during school hours, except that a minor enrolled in and employed
pursuant to a school-supervised and school-administered work
experience and career exploration program may be employed for no more
than 23 hours, any portion of which may be during school hours.
(3) No employer shall employ a minor 16 or 17 years of age for
more than eight hours in one day of 24 hours or more than 48 hours in
one week, or before 5 a.m., or after 10 p.m. on any day preceding a
schoolday. However, a minor 16 or 17 years of age may be employed for
the hours authorized by this section during any evening preceding a
nonschoolday until 12:30 a.m. of the nonschoolday.
(4) Notwithstanding paragraph (3), while school is in session, no
employer shall employ a minor 16 or 17 years of age for more than
four hours in any schoolday, except as follows:
(A) The minor is employed in personal attendant occupations, as
defined in the Industrial Welfare Commission Minimum Wage Order No.
15 (8 Cal. Code Regs. Sec. 11150), school-approved
work experience, or cooperative vocational education programs.
(B) The minor has been issued a permit to work pursuant to
subdivision (c) of Section 49112 and is employed in accordance with
the provisions of that permit.
(b) For purposes of this section, "schoolday" means any day in
which a minor is required to attend school for 240 minutes or more.
(c) Any Except as provided in
subdivision (d), any person or the agent or officer thereof, or
any parent or guardian, who directly or indirectly violates or
causes or suffers the violation of this section is guilty of a
misdemeanor punishable by a fine of not less than one thousand
dollars ($1,000) nor more than five thousand dollars ($5,000), or
imprisonment in the a county jail for
not more than 60 days, or both. Any person who willfully violates
this section shall, upon conviction, be subject to a fine of not more
than ten thousand dollars ($10,000) or to imprisonment in
the a county jail for not more than six months,
or both that fine and imprisonment . The first
violation of this section by a person who employs five or
fewer employees is an infraction, punishable by a fine of not more
than one hundred dollars ($100). No person shall be imprisoned
under this section, except for an offense committed after the
conviction of that person for a prior offense under this article.
(d) Nothing in this section shall apply to any minor employed to
deliver newspapers to consumers.
SEC. 4. Section 3723 is added to the Labor Code, to read:
3723. A penalty assessment order issued pursuant to Section 3722
shall be waived if all of the following circumstances exist:
(a) The employer employs 15 or fewer employees.
(b) The employer has never previously failed to secure the payment
of compensation as required by Section 3700.
(c) The employer provides the director proof of the purchase of
workers' compensation insurance coverage within 48 hours of the
issuance of the order.