CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 592

Introduced by Senator Newman

February 15, 2023

An act to amend Section 105 of, and to add Section 98.71 to, the Labor Code, relating to private employment.


LEGISLATIVE COUNSEL'S DIGEST


SB 592, as introduced, Newman. Labor standards information and enforcement.
Existing law creates with the Department of Industrial Relations, and establishes within the department the Division of Labor Standards Enforcement (DLSE), which is headed by the Labor Commissioner. The DLSE is generally charged with enforcing employment statutes and regulations, either in administrative actions or through litigation. Existing law imposes various administrative sanctions, civil fines and penalties, and criminal penalties for violations of employment statutes or regulations.
This bill would prohibit the imposition of punishment or liability for costs upon a person who has relied upon a published opinion letter or an enforcement policy, as defined, of DLSE that is displayed on the internet website of the division, except for restitution of unpaid wages, for violations of statutes or regulations in judicial or administrative proceedings if the person pleads and proves specified facts. The bill would require a person asserting this defense to have acted in good faith, to have relied upon, and conformed to, the applicable opinion letter or enforcement policy, and to have provided true and correct information to the division, among other things. The bill would require a person asserting this defense to post a bond and would prescribe requirements in this regard. The bill would specify certain circumstances under which the defense would not apply. The bill would apply its provisions to actions and proceedings that commence on or after January 1, 2024.
Existing law requires the Labor Commissioner to provide qualified bilingual persons in public contact positions or as interpreters to assist people in those positions with providing information and services in the language of a limited- or non-English-speaking person, as specified. Existing law requires the Labor Commissioner to prepare and distribute to the public, through the division’s local offices, materials explaining services available in non-English languages, as well as in English. Existing law requires the Labor Commissioner to prepare and use complaint processing forms and form letters in the language of non-English speaking people, as the commissioner deems necessary and appropriate for the filing, investigation, and resolution of wage claims, as specified.
This bill would require the Labor Commissioner to translate each of its internet websites in their entirety, and all materials available on those internet websites, into Spanish, Chinese, Tagalog, and Vietnamese by January 1, 2026.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 98.71 is added to the Labor Code, to read:

98.71.
 (a) Any person who relies upon a published opinion letter or an enforcement policy of the division that is displayed on the internet website of the division shall not be liable for costs or subject to punishment, except for restitution of unpaid wages, for a violation of a statute or regulation in a judicial or administrative proceeding if the person pleads and proves to the trier of fact that, at the time the alleged act or omission occurred, the person, acting in good faith, did all of the following:
(1) Relied upon, and conformed to, the applicable opinion letter or enforcement policy published by the division.
(2) Provided true and correct information to the division in seeking an opinion letter or enforcement policy, if applicable.
(b) (1) Subdivision (a) shall apply even if, after the alleged act or omission occurred, the opinion letter or enforcement policy upon which the person relied is modified, rescinded, or determined by judicial authority to be invalid or of no legal effect.
(2) Subdivision (a) shall not apply if the alleged act or omission occurred after the opinion letter or enforcement policy upon which the person relied is modified, rescinded, or determined by judicial authority to be invalid or of no legal effect.
(c) This section applies to all actions and proceedings that commence on or after January 1, 2024.
(d) Any person who asserts reliance upon an opinion letter or enforcement policy of the division as described in subdivision (a) shall post an undertaking with the reviewing court or administrative body. The undertaking shall consist of a bond issued by a licensed surety qualified to do business in this state or a cash deposit with the court or administrative body in the amount of the reasonable estimate of alleged unpaid wages resulting from that reliance. The person shall provide written notification to all parties of the posting of the undertaking. The undertaking shall be on the condition that, if any judgment is entered in favor of the employee, the person shall pay the amount owed pursuant to the judgment. If the person prevails or the case is dismissed, withdrawn, or resolved through the execution of a settlement agreement, the court or administrative body shall return the undertaking to the person within 10 business days.
(e) Nothing in this section shall be construed to give any greater legal weight to an opinion letter or enforcement policy than it would otherwise have in the absence of this section.
(f) Nothing in this section shall be construed to require the division to issue an order, ruling, approval, interpretation, or enforcement policy.
(g) Nothing in this section shall be construed to authorize the division to issue an order, ruling, approval, interpretation, or enforcement policy that is contrary to an existing state statute or regulation.
(h) For purposes of this section, “enforcement policy” includes guidance issued by the division, such as frequently asked questions, fact sheets, model policies, templates, or charts.

SEC. 2.

 Section 105 of the Labor Code is amended to read:

105.
 (a) The Labor Commissioner shall provide qualified bilingual persons in public contact positions or as interpreters to assist those in such those positions to provide information and services in the language of a limited- or non-English-speaking person, with the primary effort being exerted towards the largest segments of the non-English-speaking persons in this state.
(b) The Labor Commissioner shall provide that an interpreter be present at all hearings and interviews where appropriate.
(c) The Labor Commissioner shall prepare and distribute to the public, through its the division’s local offices, materials explaining services available in non-English languages, as well as in English. In addition, the commissioner shall prepare and use written materials in non-English languages as well as in English for use by local offices if the local office serves a substantial number of non-English-speaking people, as defined in Section 7296.2 of the Government Code. The commissioner shall prepare and use such complaint processing forms and form letters in the language of non-English speaking people as the commissioner deems necessary and appropriate for the filing, investigation, and resolution of wage claims, giving due consideration to the rights and obligations of all parties. The commissioner may, from time to time, at his or her their discretion, eliminate, modify, amend, or add to the complaint processing forms and form letters which are the subject of bilingual or multilingual treatment or application.
(d) The Labor Commissioner shall translate each of its internet websites in their entirety, and all materials available on those internet websites, into Spanish, Chinese, Tagalog, and Vietnamese by January 1, 2026.