Bill Text: CA AB3234 | 2023-2024 | Regular Session | Amended


Bill Title: Employers: social compliance audit.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2024-05-09 - In Senate. Read first time. To Com. on RLS. for assignment. [AB3234 Detail]

Download: California-2023-AB3234-Amended.html

Amended  IN  Assembly  April 01, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 3234


Introduced by Assembly Member Ortega

February 16, 2024


An act to add Chapter 1.5 (commencing with Section 1250) to Part 4 of Division 2 of the Labor Code, relating to private employment.


LEGISLATIVE COUNSEL'S DIGEST


AB 3234, as amended, Ortega. Employers: child labor: social compliance audit.
Existing law establishes the Division of Labor Standards Enforcement within the Department of Industrial Relations and authorizes the division to enforce the provisions of the Labor Code and all labor laws of the state which are not specifically vested in any other officer, board, or commission. Existing law regulates the wages, hours, and working conditions of any man, woman, and minor employed in any occupation, trade, or industry, whether compensation is measured by time, piece, or otherwise, except as specified.
This bill would require an employer to post a clear and conspicuous link to a report detailing the findings of its most recent child labor social compliance audit on the internet website for their business, if the employer has voluntarily subjected that business to a child labor social compliance audit. The bill would define the term “child labor social “social compliance audit” to mean an inspection of any production house, factory, farm, or packaging facility of a business to verify whether it complies with social and ethical responsibilities, health and safety regulations, and labor laws laws, including those regarding child labor. The bill would require that report to include, among other things, whether the business does or does not engage in, or support the use of, child labor and a copy of any written policies and procedures the business has regarding child employees.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Chapter 1.5 (commencing with Section 1250) is added to Part 4 of Division 2 of the Labor Code, to read:
CHAPTER  1.5. Social Compliance Audits for Child Labor

1250.
 For purposes of this chapter, the following definitions apply:
(a) “Child” means a natural person under 18 years of age.
(b) “Child labor” means any work performed by a child in violation of state or federal law.

(c)“Child labor social compliance audit” means an inspection of any production house, factory, farm, or packaging facility of a business to verify whether it complies with social and ethical responsibilities, health and safety regulations, and labor laws regarding child labor.

(d)

(c) “Clear and conspicuous” means in larger type than the surrounding text, or in contrasting type, font, or color to the surrounding text of the same size, or set off from the surrounding text of the same size by symbols or other marks that call attention to the language.
(d) “Social compliance audit” means an inspection of any production house, factory, farm, or packaging facility of a business to verify whether it complies with social and ethical responsibilities, health and safety regulations, and labor laws, including those regarding child labor.

1251.
 An employer shall post a clear and conspicuous link to a report detailing the findings of its most recent child labor social compliance audit on the internet website for their business, if the employer has voluntarily subjected that business to a child labor social compliance audit.

1252.
 A report detailing the findings of a child labor social compliance audit shall contain at least all of the following:
(a) The year, month, day, and time the audit was conducted, and whether the audit was conducted during a day shift or night shift.
(b) Whether the business does or does not engage in, or support the use of, child labor.
(c) A copy of any written policies and procedures the business has regarding child employees.
(d) Whether the business exposes children to any workplace situations that are hazardous or unsafe to their physical and mental health and development.
(e) Whether children work within or outside regular school hours, or during night hours, for the business.

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