CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2338Introduced by Assembly Member LevineFebruary 13, 2018 An act to add Article 4 (commencing with Section 1700.50) to Chapter 4 of Part 6 of Division 2 of the Labor Code, relating to talent agencies. LEGISLATIVE COUNSEL'S DIGESTAB 2338, as introduced, Levine. Talent agencies: training. Existing law requires talent agencies to be licensed by the Labor Commissioner and to comply with specified employment laws applicable to talent agencies.This bill would require a talent agency to provide training and educational materials, where applicable, on sexual harassment prevention, retaliation, nutrition, and eating disorders to its employees and artists, require those training and educational materials to be in a language the employee or artist understands, and would require the licensee, as part of the application for license renewal, to provide the commissioner with a complete list of all materials or resources utilized to provide training. Existing law regulates the employment of minors in the entertainment industry and requires the written consent of the Labor Commissioner for a minor to take part in certain types of employment. This bill would require the commissioner, prior to the issuance of a permit to employ a minor in the entertainment industry, to provide the minor and the minors parent or legal guardian with training in sexual harassment prevention, retaliation, reporting resources, nutrition, and eating disorders. The bill would further require a talent agency to request and retain a copy of the minors entertainment work permit prior to representing or sending a minor artist on an audition, meeting, or interview for engagement of the minors services. This bill would make it a violation of existing laws for a talent agency to fail to comply with the bills training, education, and permit retention requirements and would authorize the commissioner to issue citations and assess civil penalties of $100 for each violation, as prescribed. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Article 4 (commencing with Section 1700.50) is added to Chapter 4 of Part 6 of Division 2 of the Labor Code, to read: Article 4. Trainings1700.50. (a) A licensee shall provide an employee who works with artists with, within 90 days of the date of hiring and annually thereafter, training in sexual harassment prevention, nutrition, and eating disorders. (b) Sexual harassment prevention training shall consist of training administered by a licensee or appropriate designee of the licensee. Sexual harassment prevention training shall include, at a minimum, the components specified in Section 12950 of the Government Code and Section 1700.33.(c) Training for each employee shall be in the language understood by that employee. The licensee may comply with this language requirement either by providing the training in that language or by having the training interpreted for the employee in the language that he or she understands.(d) At the conclusion of the training, the trainer shall provide the employee with a record of the training on a form provided by the Labor Commissioner that includes the name of the trainer and the date of the training. (e) The licensee shall keep a record with the names of all employees who have received training for a period of three years. 1700.51. (a) A licensee shall provide an artist with, within 90 days of the date of agreeing to representation by the licensee or agency procurement of an engagement, meeting, or interview, whichever comes first, training and educational materials regarding sexual harassment prevention, retaliation, and reporting resources, nutrition, and eating disorders. (b) Sexual harassment prevention training shall consist of training administered by a licensee or appropriate designee of the licensee. Sexual harassment prevention training shall include, at a minimum, the components specified in Section 12950 of the Government Code. Educational materials may be provided electronically, via Internet Web site, or other means.(c) Training for each artist shall be in the language understood by that artist. The licensee may comply with this language requirement either by providing the training in that language or by having the training interpreted for the artist in the language that he or she understands. (d) At the conclusion of the training, the trainer shall provide the artist with a record of the training on a form provided by the Labor Commissioner that includes the name of the trainer and the date of the training. (e) The licensee shall keep a record with the names of all the artists who have received training for a period of three years. 1700.52. (a) Prior to the issuance of a permit to employ a minor pursuant to Section 1308.5, the Labor Commissioner shall provide the minor and the minors parent or legal guardian with training in sexual harassment prevention, retaliation, and reporting resources, nutrition, and eating disorders.(b) Sexual harassment prevention training shall include, at a minimum, the components specified in Section 12950 of the Government Code. (c) Training for each minor and his or her parent or legal guardian shall be in the language understood by that person. The licensee may comply with this language requirement either by providing the training in that language or by having the training interpreted for the person in the language that he or she understands.(d) A licensee shall request and retain a copy of the minors entertainment work permit prior to representing or sending a minor artist on an audition, meeting, or interview for engagement of the minors services.1700.53. (a) (1) The Labor Commissioner shall develop training and educational materials that comply with the requirements of this article. (2) With regard to the training required by Section 1700.52, the Labor Commissioner shall provide the training directly or approve third-party vendors to provide the training.(b) Training and educational materials that differ from those developed pursuant to subdivision (a) shall be approved by the Labor Commissioner prior to their use by a licensee.1700.54. As part of the application for license renewal, in order to establish that the requirements of this article are met, a licensee shall provide the Labor Commissioner with a complete list of all materials or resources utilized to provide the training and education required by Sections 1700.50 and 1700.51 in the calendar year prior to the month the renewal application is submitted.1700.55. (a) It is a violation of this article for a licensee to do any of the following: (1) Fail to train an employee or artist. (2) Fail to provide training in a language understood by the employee or artist. (3) Fail to provide an employee or artist with a record of his or her training. (4) Provide an employee or artist with a false record of completion of his or her training, when he or she has, in fact, received no training. (5) Fail to keep a record of training for each employee and artist who has received training.(6) Fail to request and retain a minors entertainment work permit.(b) If, upon inspection or investigation, the Labor Commissioner determines that a violation of any of the provisions listed in subdivision (a) has occurred, the Labor Commissioner may issue a citation and assess a civil penalty in the amount of one hundred dollars ($100) for each violation. 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 the licensee for a first violation when that violation was due to a clerical error or inadvertent mistake.
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2338Introduced by Assembly Member LevineFebruary 13, 2018 An act to add Article 4 (commencing with Section 1700.50) to Chapter 4 of Part 6 of Division 2 of the Labor Code, relating to talent agencies. LEGISLATIVE COUNSEL'S DIGESTAB 2338, as introduced, Levine. Talent agencies: training. Existing law requires talent agencies to be licensed by the Labor Commissioner and to comply with specified employment laws applicable to talent agencies.This bill would require a talent agency to provide training and educational materials, where applicable, on sexual harassment prevention, retaliation, nutrition, and eating disorders to its employees and artists, require those training and educational materials to be in a language the employee or artist understands, and would require the licensee, as part of the application for license renewal, to provide the commissioner with a complete list of all materials or resources utilized to provide training. Existing law regulates the employment of minors in the entertainment industry and requires the written consent of the Labor Commissioner for a minor to take part in certain types of employment. This bill would require the commissioner, prior to the issuance of a permit to employ a minor in the entertainment industry, to provide the minor and the minors parent or legal guardian with training in sexual harassment prevention, retaliation, reporting resources, nutrition, and eating disorders. The bill would further require a talent agency to request and retain a copy of the minors entertainment work permit prior to representing or sending a minor artist on an audition, meeting, or interview for engagement of the minors services. This bill would make it a violation of existing laws for a talent agency to fail to comply with the bills training, education, and permit retention requirements and would authorize the commissioner to issue citations and assess civil penalties of $100 for each violation, as prescribed. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Assembly Bill No. 2338
Introduced by Assembly Member LevineFebruary 13, 2018
Introduced by Assembly Member Levine
February 13, 2018
An act to add Article 4 (commencing with Section 1700.50) to Chapter 4 of Part 6 of Division 2 of the Labor Code, relating to talent agencies.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2338, as introduced, Levine. Talent agencies: training.
Existing law requires talent agencies to be licensed by the Labor Commissioner and to comply with specified employment laws applicable to talent agencies.This bill would require a talent agency to provide training and educational materials, where applicable, on sexual harassment prevention, retaliation, nutrition, and eating disorders to its employees and artists, require those training and educational materials to be in a language the employee or artist understands, and would require the licensee, as part of the application for license renewal, to provide the commissioner with a complete list of all materials or resources utilized to provide training. Existing law regulates the employment of minors in the entertainment industry and requires the written consent of the Labor Commissioner for a minor to take part in certain types of employment. This bill would require the commissioner, prior to the issuance of a permit to employ a minor in the entertainment industry, to provide the minor and the minors parent or legal guardian with training in sexual harassment prevention, retaliation, reporting resources, nutrition, and eating disorders. The bill would further require a talent agency to request and retain a copy of the minors entertainment work permit prior to representing or sending a minor artist on an audition, meeting, or interview for engagement of the minors services. This bill would make it a violation of existing laws for a talent agency to fail to comply with the bills training, education, and permit retention requirements and would authorize the commissioner to issue citations and assess civil penalties of $100 for each violation, as prescribed.
Existing law requires talent agencies to be licensed by the Labor Commissioner and to comply with specified employment laws applicable to talent agencies.
This bill would require a talent agency to provide training and educational materials, where applicable, on sexual harassment prevention, retaliation, nutrition, and eating disorders to its employees and artists, require those training and educational materials to be in a language the employee or artist understands, and would require the licensee, as part of the application for license renewal, to provide the commissioner with a complete list of all materials or resources utilized to provide training.
Existing law regulates the employment of minors in the entertainment industry and requires the written consent of the Labor Commissioner for a minor to take part in certain types of employment.
This bill would require the commissioner, prior to the issuance of a permit to employ a minor in the entertainment industry, to provide the minor and the minors parent or legal guardian with training in sexual harassment prevention, retaliation, reporting resources, nutrition, and eating disorders. The bill would further require a talent agency to request and retain a copy of the minors entertainment work permit prior to representing or sending a minor artist on an audition, meeting, or interview for engagement of the minors services.
This bill would make it a violation of existing laws for a talent agency to fail to comply with the bills training, education, and permit retention requirements and would authorize the commissioner to issue citations and assess civil penalties of $100 for each violation, as prescribed.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Article 4 (commencing with Section 1700.50) is added to Chapter 4 of Part 6 of Division 2 of the Labor Code, to read: Article 4. Trainings1700.50. (a) A licensee shall provide an employee who works with artists with, within 90 days of the date of hiring and annually thereafter, training in sexual harassment prevention, nutrition, and eating disorders. (b) Sexual harassment prevention training shall consist of training administered by a licensee or appropriate designee of the licensee. Sexual harassment prevention training shall include, at a minimum, the components specified in Section 12950 of the Government Code and Section 1700.33.(c) Training for each employee shall be in the language understood by that employee. The licensee may comply with this language requirement either by providing the training in that language or by having the training interpreted for the employee in the language that he or she understands.(d) At the conclusion of the training, the trainer shall provide the employee with a record of the training on a form provided by the Labor Commissioner that includes the name of the trainer and the date of the training. (e) The licensee shall keep a record with the names of all employees who have received training for a period of three years. 1700.51. (a) A licensee shall provide an artist with, within 90 days of the date of agreeing to representation by the licensee or agency procurement of an engagement, meeting, or interview, whichever comes first, training and educational materials regarding sexual harassment prevention, retaliation, and reporting resources, nutrition, and eating disorders. (b) Sexual harassment prevention training shall consist of training administered by a licensee or appropriate designee of the licensee. Sexual harassment prevention training shall include, at a minimum, the components specified in Section 12950 of the Government Code. Educational materials may be provided electronically, via Internet Web site, or other means.(c) Training for each artist shall be in the language understood by that artist. The licensee may comply with this language requirement either by providing the training in that language or by having the training interpreted for the artist in the language that he or she understands. (d) At the conclusion of the training, the trainer shall provide the artist with a record of the training on a form provided by the Labor Commissioner that includes the name of the trainer and the date of the training. (e) The licensee shall keep a record with the names of all the artists who have received training for a period of three years. 1700.52. (a) Prior to the issuance of a permit to employ a minor pursuant to Section 1308.5, the Labor Commissioner shall provide the minor and the minors parent or legal guardian with training in sexual harassment prevention, retaliation, and reporting resources, nutrition, and eating disorders.(b) Sexual harassment prevention training shall include, at a minimum, the components specified in Section 12950 of the Government Code. (c) Training for each minor and his or her parent or legal guardian shall be in the language understood by that person. The licensee may comply with this language requirement either by providing the training in that language or by having the training interpreted for the person in the language that he or she understands.(d) A licensee shall request and retain a copy of the minors entertainment work permit prior to representing or sending a minor artist on an audition, meeting, or interview for engagement of the minors services.1700.53. (a) (1) The Labor Commissioner shall develop training and educational materials that comply with the requirements of this article. (2) With regard to the training required by Section 1700.52, the Labor Commissioner shall provide the training directly or approve third-party vendors to provide the training.(b) Training and educational materials that differ from those developed pursuant to subdivision (a) shall be approved by the Labor Commissioner prior to their use by a licensee.1700.54. As part of the application for license renewal, in order to establish that the requirements of this article are met, a licensee shall provide the Labor Commissioner with a complete list of all materials or resources utilized to provide the training and education required by Sections 1700.50 and 1700.51 in the calendar year prior to the month the renewal application is submitted.1700.55. (a) It is a violation of this article for a licensee to do any of the following: (1) Fail to train an employee or artist. (2) Fail to provide training in a language understood by the employee or artist. (3) Fail to provide an employee or artist with a record of his or her training. (4) Provide an employee or artist with a false record of completion of his or her training, when he or she has, in fact, received no training. (5) Fail to keep a record of training for each employee and artist who has received training.(6) Fail to request and retain a minors entertainment work permit.(b) If, upon inspection or investigation, the Labor Commissioner determines that a violation of any of the provisions listed in subdivision (a) has occurred, the Labor Commissioner may issue a citation and assess a civil penalty in the amount of one hundred dollars ($100) for each violation. 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 the licensee for a first violation when that violation was due to a clerical error or inadvertent mistake.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Article 4 (commencing with Section 1700.50) is added to Chapter 4 of Part 6 of Division 2 of the Labor Code, to read: Article 4. Trainings1700.50. (a) A licensee shall provide an employee who works with artists with, within 90 days of the date of hiring and annually thereafter, training in sexual harassment prevention, nutrition, and eating disorders. (b) Sexual harassment prevention training shall consist of training administered by a licensee or appropriate designee of the licensee. Sexual harassment prevention training shall include, at a minimum, the components specified in Section 12950 of the Government Code and Section 1700.33.(c) Training for each employee shall be in the language understood by that employee. The licensee may comply with this language requirement either by providing the training in that language or by having the training interpreted for the employee in the language that he or she understands.(d) At the conclusion of the training, the trainer shall provide the employee with a record of the training on a form provided by the Labor Commissioner that includes the name of the trainer and the date of the training. (e) The licensee shall keep a record with the names of all employees who have received training for a period of three years. 1700.51. (a) A licensee shall provide an artist with, within 90 days of the date of agreeing to representation by the licensee or agency procurement of an engagement, meeting, or interview, whichever comes first, training and educational materials regarding sexual harassment prevention, retaliation, and reporting resources, nutrition, and eating disorders. (b) Sexual harassment prevention training shall consist of training administered by a licensee or appropriate designee of the licensee. Sexual harassment prevention training shall include, at a minimum, the components specified in Section 12950 of the Government Code. Educational materials may be provided electronically, via Internet Web site, or other means.(c) Training for each artist shall be in the language understood by that artist. The licensee may comply with this language requirement either by providing the training in that language or by having the training interpreted for the artist in the language that he or she understands. (d) At the conclusion of the training, the trainer shall provide the artist with a record of the training on a form provided by the Labor Commissioner that includes the name of the trainer and the date of the training. (e) The licensee shall keep a record with the names of all the artists who have received training for a period of three years. 1700.52. (a) Prior to the issuance of a permit to employ a minor pursuant to Section 1308.5, the Labor Commissioner shall provide the minor and the minors parent or legal guardian with training in sexual harassment prevention, retaliation, and reporting resources, nutrition, and eating disorders.(b) Sexual harassment prevention training shall include, at a minimum, the components specified in Section 12950 of the Government Code. (c) Training for each minor and his or her parent or legal guardian shall be in the language understood by that person. The licensee may comply with this language requirement either by providing the training in that language or by having the training interpreted for the person in the language that he or she understands.(d) A licensee shall request and retain a copy of the minors entertainment work permit prior to representing or sending a minor artist on an audition, meeting, or interview for engagement of the minors services.1700.53. (a) (1) The Labor Commissioner shall develop training and educational materials that comply with the requirements of this article. (2) With regard to the training required by Section 1700.52, the Labor Commissioner shall provide the training directly or approve third-party vendors to provide the training.(b) Training and educational materials that differ from those developed pursuant to subdivision (a) shall be approved by the Labor Commissioner prior to their use by a licensee.1700.54. As part of the application for license renewal, in order to establish that the requirements of this article are met, a licensee shall provide the Labor Commissioner with a complete list of all materials or resources utilized to provide the training and education required by Sections 1700.50 and 1700.51 in the calendar year prior to the month the renewal application is submitted.1700.55. (a) It is a violation of this article for a licensee to do any of the following: (1) Fail to train an employee or artist. (2) Fail to provide training in a language understood by the employee or artist. (3) Fail to provide an employee or artist with a record of his or her training. (4) Provide an employee or artist with a false record of completion of his or her training, when he or she has, in fact, received no training. (5) Fail to keep a record of training for each employee and artist who has received training.(6) Fail to request and retain a minors entertainment work permit.(b) If, upon inspection or investigation, the Labor Commissioner determines that a violation of any of the provisions listed in subdivision (a) has occurred, the Labor Commissioner may issue a citation and assess a civil penalty in the amount of one hundred dollars ($100) for each violation. 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 the licensee for a first violation when that violation was due to a clerical error or inadvertent mistake.
SECTION 1. Article 4 (commencing with Section 1700.50) is added to Chapter 4 of Part 6 of Division 2 of the Labor Code, to read:
### SECTION 1.
Article 4. Trainings1700.50. (a) A licensee shall provide an employee who works with artists with, within 90 days of the date of hiring and annually thereafter, training in sexual harassment prevention, nutrition, and eating disorders. (b) Sexual harassment prevention training shall consist of training administered by a licensee or appropriate designee of the licensee. Sexual harassment prevention training shall include, at a minimum, the components specified in Section 12950 of the Government Code and Section 1700.33.(c) Training for each employee shall be in the language understood by that employee. The licensee may comply with this language requirement either by providing the training in that language or by having the training interpreted for the employee in the language that he or she understands.(d) At the conclusion of the training, the trainer shall provide the employee with a record of the training on a form provided by the Labor Commissioner that includes the name of the trainer and the date of the training. (e) The licensee shall keep a record with the names of all employees who have received training for a period of three years. 1700.51. (a) A licensee shall provide an artist with, within 90 days of the date of agreeing to representation by the licensee or agency procurement of an engagement, meeting, or interview, whichever comes first, training and educational materials regarding sexual harassment prevention, retaliation, and reporting resources, nutrition, and eating disorders. (b) Sexual harassment prevention training shall consist of training administered by a licensee or appropriate designee of the licensee. Sexual harassment prevention training shall include, at a minimum, the components specified in Section 12950 of the Government Code. Educational materials may be provided electronically, via Internet Web site, or other means.(c) Training for each artist shall be in the language understood by that artist. The licensee may comply with this language requirement either by providing the training in that language or by having the training interpreted for the artist in the language that he or she understands. (d) At the conclusion of the training, the trainer shall provide the artist with a record of the training on a form provided by the Labor Commissioner that includes the name of the trainer and the date of the training. (e) The licensee shall keep a record with the names of all the artists who have received training for a period of three years. 1700.52. (a) Prior to the issuance of a permit to employ a minor pursuant to Section 1308.5, the Labor Commissioner shall provide the minor and the minors parent or legal guardian with training in sexual harassment prevention, retaliation, and reporting resources, nutrition, and eating disorders.(b) Sexual harassment prevention training shall include, at a minimum, the components specified in Section 12950 of the Government Code. (c) Training for each minor and his or her parent or legal guardian shall be in the language understood by that person. The licensee may comply with this language requirement either by providing the training in that language or by having the training interpreted for the person in the language that he or she understands.(d) A licensee shall request and retain a copy of the minors entertainment work permit prior to representing or sending a minor artist on an audition, meeting, or interview for engagement of the minors services.1700.53. (a) (1) The Labor Commissioner shall develop training and educational materials that comply with the requirements of this article. (2) With regard to the training required by Section 1700.52, the Labor Commissioner shall provide the training directly or approve third-party vendors to provide the training.(b) Training and educational materials that differ from those developed pursuant to subdivision (a) shall be approved by the Labor Commissioner prior to their use by a licensee.1700.54. As part of the application for license renewal, in order to establish that the requirements of this article are met, a licensee shall provide the Labor Commissioner with a complete list of all materials or resources utilized to provide the training and education required by Sections 1700.50 and 1700.51 in the calendar year prior to the month the renewal application is submitted.1700.55. (a) It is a violation of this article for a licensee to do any of the following: (1) Fail to train an employee or artist. (2) Fail to provide training in a language understood by the employee or artist. (3) Fail to provide an employee or artist with a record of his or her training. (4) Provide an employee or artist with a false record of completion of his or her training, when he or she has, in fact, received no training. (5) Fail to keep a record of training for each employee and artist who has received training.(6) Fail to request and retain a minors entertainment work permit.(b) If, upon inspection or investigation, the Labor Commissioner determines that a violation of any of the provisions listed in subdivision (a) has occurred, the Labor Commissioner may issue a citation and assess a civil penalty in the amount of one hundred dollars ($100) for each violation. 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 the licensee for a first violation when that violation was due to a clerical error or inadvertent mistake.
Article 4. Trainings1700.50. (a) A licensee shall provide an employee who works with artists with, within 90 days of the date of hiring and annually thereafter, training in sexual harassment prevention, nutrition, and eating disorders. (b) Sexual harassment prevention training shall consist of training administered by a licensee or appropriate designee of the licensee. Sexual harassment prevention training shall include, at a minimum, the components specified in Section 12950 of the Government Code and Section 1700.33.(c) Training for each employee shall be in the language understood by that employee. The licensee may comply with this language requirement either by providing the training in that language or by having the training interpreted for the employee in the language that he or she understands.(d) At the conclusion of the training, the trainer shall provide the employee with a record of the training on a form provided by the Labor Commissioner that includes the name of the trainer and the date of the training. (e) The licensee shall keep a record with the names of all employees who have received training for a period of three years. 1700.51. (a) A licensee shall provide an artist with, within 90 days of the date of agreeing to representation by the licensee or agency procurement of an engagement, meeting, or interview, whichever comes first, training and educational materials regarding sexual harassment prevention, retaliation, and reporting resources, nutrition, and eating disorders. (b) Sexual harassment prevention training shall consist of training administered by a licensee or appropriate designee of the licensee. Sexual harassment prevention training shall include, at a minimum, the components specified in Section 12950 of the Government Code. Educational materials may be provided electronically, via Internet Web site, or other means.(c) Training for each artist shall be in the language understood by that artist. The licensee may comply with this language requirement either by providing the training in that language or by having the training interpreted for the artist in the language that he or she understands. (d) At the conclusion of the training, the trainer shall provide the artist with a record of the training on a form provided by the Labor Commissioner that includes the name of the trainer and the date of the training. (e) The licensee shall keep a record with the names of all the artists who have received training for a period of three years. 1700.52. (a) Prior to the issuance of a permit to employ a minor pursuant to Section 1308.5, the Labor Commissioner shall provide the minor and the minors parent or legal guardian with training in sexual harassment prevention, retaliation, and reporting resources, nutrition, and eating disorders.(b) Sexual harassment prevention training shall include, at a minimum, the components specified in Section 12950 of the Government Code. (c) Training for each minor and his or her parent or legal guardian shall be in the language understood by that person. The licensee may comply with this language requirement either by providing the training in that language or by having the training interpreted for the person in the language that he or she understands.(d) A licensee shall request and retain a copy of the minors entertainment work permit prior to representing or sending a minor artist on an audition, meeting, or interview for engagement of the minors services.1700.53. (a) (1) The Labor Commissioner shall develop training and educational materials that comply with the requirements of this article. (2) With regard to the training required by Section 1700.52, the Labor Commissioner shall provide the training directly or approve third-party vendors to provide the training.(b) Training and educational materials that differ from those developed pursuant to subdivision (a) shall be approved by the Labor Commissioner prior to their use by a licensee.1700.54. As part of the application for license renewal, in order to establish that the requirements of this article are met, a licensee shall provide the Labor Commissioner with a complete list of all materials or resources utilized to provide the training and education required by Sections 1700.50 and 1700.51 in the calendar year prior to the month the renewal application is submitted.1700.55. (a) It is a violation of this article for a licensee to do any of the following: (1) Fail to train an employee or artist. (2) Fail to provide training in a language understood by the employee or artist. (3) Fail to provide an employee or artist with a record of his or her training. (4) Provide an employee or artist with a false record of completion of his or her training, when he or she has, in fact, received no training. (5) Fail to keep a record of training for each employee and artist who has received training.(6) Fail to request and retain a minors entertainment work permit.(b) If, upon inspection or investigation, the Labor Commissioner determines that a violation of any of the provisions listed in subdivision (a) has occurred, the Labor Commissioner may issue a citation and assess a civil penalty in the amount of one hundred dollars ($100) for each violation. 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 the licensee for a first violation when that violation was due to a clerical error or inadvertent mistake.
Article 4. Trainings
Article 4. Trainings
1700.50. (a) A licensee shall provide an employee who works with artists with, within 90 days of the date of hiring and annually thereafter, training in sexual harassment prevention, nutrition, and eating disorders. (b) Sexual harassment prevention training shall consist of training administered by a licensee or appropriate designee of the licensee. Sexual harassment prevention training shall include, at a minimum, the components specified in Section 12950 of the Government Code and Section 1700.33.(c) Training for each employee shall be in the language understood by that employee. The licensee may comply with this language requirement either by providing the training in that language or by having the training interpreted for the employee in the language that he or she understands.(d) At the conclusion of the training, the trainer shall provide the employee with a record of the training on a form provided by the Labor Commissioner that includes the name of the trainer and the date of the training. (e) The licensee shall keep a record with the names of all employees who have received training for a period of three years.
1700.50. (a) A licensee shall provide an employee who works with artists with, within 90 days of the date of hiring and annually thereafter, training in sexual harassment prevention, nutrition, and eating disorders.
(b) Sexual harassment prevention training shall consist of training administered by a licensee or appropriate designee of the licensee. Sexual harassment prevention training shall include, at a minimum, the components specified in Section 12950 of the Government Code and Section 1700.33.
(c) Training for each employee shall be in the language understood by that employee. The licensee may comply with this language requirement either by providing the training in that language or by having the training interpreted for the employee in the language that he or she understands.
(d) At the conclusion of the training, the trainer shall provide the employee with a record of the training on a form provided by the Labor Commissioner that includes the name of the trainer and the date of the training.
(e) The licensee shall keep a record with the names of all employees who have received training for a period of three years.
1700.51. (a) A licensee shall provide an artist with, within 90 days of the date of agreeing to representation by the licensee or agency procurement of an engagement, meeting, or interview, whichever comes first, training and educational materials regarding sexual harassment prevention, retaliation, and reporting resources, nutrition, and eating disorders. (b) Sexual harassment prevention training shall consist of training administered by a licensee or appropriate designee of the licensee. Sexual harassment prevention training shall include, at a minimum, the components specified in Section 12950 of the Government Code. Educational materials may be provided electronically, via Internet Web site, or other means.(c) Training for each artist shall be in the language understood by that artist. The licensee may comply with this language requirement either by providing the training in that language or by having the training interpreted for the artist in the language that he or she understands. (d) At the conclusion of the training, the trainer shall provide the artist with a record of the training on a form provided by the Labor Commissioner that includes the name of the trainer and the date of the training. (e) The licensee shall keep a record with the names of all the artists who have received training for a period of three years.
1700.51. (a) A licensee shall provide an artist with, within 90 days of the date of agreeing to representation by the licensee or agency procurement of an engagement, meeting, or interview, whichever comes first, training and educational materials regarding sexual harassment prevention, retaliation, and reporting resources, nutrition, and eating disorders.
(b) Sexual harassment prevention training shall consist of training administered by a licensee or appropriate designee of the licensee. Sexual harassment prevention training shall include, at a minimum, the components specified in Section 12950 of the Government Code. Educational materials may be provided electronically, via Internet Web site, or other means.
(c) Training for each artist shall be in the language understood by that artist. The licensee may comply with this language requirement either by providing the training in that language or by having the training interpreted for the artist in the language that he or she understands.
(d) At the conclusion of the training, the trainer shall provide the artist with a record of the training on a form provided by the Labor Commissioner that includes the name of the trainer and the date of the training.
(e) The licensee shall keep a record with the names of all the artists who have received training for a period of three years.
1700.52. (a) Prior to the issuance of a permit to employ a minor pursuant to Section 1308.5, the Labor Commissioner shall provide the minor and the minors parent or legal guardian with training in sexual harassment prevention, retaliation, and reporting resources, nutrition, and eating disorders.(b) Sexual harassment prevention training shall include, at a minimum, the components specified in Section 12950 of the Government Code. (c) Training for each minor and his or her parent or legal guardian shall be in the language understood by that person. The licensee may comply with this language requirement either by providing the training in that language or by having the training interpreted for the person in the language that he or she understands.(d) A licensee shall request and retain a copy of the minors entertainment work permit prior to representing or sending a minor artist on an audition, meeting, or interview for engagement of the minors services.
1700.52. (a) Prior to the issuance of a permit to employ a minor pursuant to Section 1308.5, the Labor Commissioner shall provide the minor and the minors parent or legal guardian with training in sexual harassment prevention, retaliation, and reporting resources, nutrition, and eating disorders.
(b) Sexual harassment prevention training shall include, at a minimum, the components specified in Section 12950 of the Government Code.
(c) Training for each minor and his or her parent or legal guardian shall be in the language understood by that person. The licensee may comply with this language requirement either by providing the training in that language or by having the training interpreted for the person in the language that he or she understands.
(d) A licensee shall request and retain a copy of the minors entertainment work permit prior to representing or sending a minor artist on an audition, meeting, or interview for engagement of the minors services.
1700.53. (a) (1) The Labor Commissioner shall develop training and educational materials that comply with the requirements of this article. (2) With regard to the training required by Section 1700.52, the Labor Commissioner shall provide the training directly or approve third-party vendors to provide the training.(b) Training and educational materials that differ from those developed pursuant to subdivision (a) shall be approved by the Labor Commissioner prior to their use by a licensee.
1700.53. (a) (1) The Labor Commissioner shall develop training and educational materials that comply with the requirements of this article.
(2) With regard to the training required by Section 1700.52, the Labor Commissioner shall provide the training directly or approve third-party vendors to provide the training.
(b) Training and educational materials that differ from those developed pursuant to subdivision (a) shall be approved by the Labor Commissioner prior to their use by a licensee.
1700.54. As part of the application for license renewal, in order to establish that the requirements of this article are met, a licensee shall provide the Labor Commissioner with a complete list of all materials or resources utilized to provide the training and education required by Sections 1700.50 and 1700.51 in the calendar year prior to the month the renewal application is submitted.
1700.54. As part of the application for license renewal, in order to establish that the requirements of this article are met, a licensee shall provide the Labor Commissioner with a complete list of all materials or resources utilized to provide the training and education required by Sections 1700.50 and 1700.51 in the calendar year prior to the month the renewal application is submitted.
1700.55. (a) It is a violation of this article for a licensee to do any of the following: (1) Fail to train an employee or artist. (2) Fail to provide training in a language understood by the employee or artist. (3) Fail to provide an employee or artist with a record of his or her training. (4) Provide an employee or artist with a false record of completion of his or her training, when he or she has, in fact, received no training. (5) Fail to keep a record of training for each employee and artist who has received training.(6) Fail to request and retain a minors entertainment work permit.(b) If, upon inspection or investigation, the Labor Commissioner determines that a violation of any of the provisions listed in subdivision (a) has occurred, the Labor Commissioner may issue a citation and assess a civil penalty in the amount of one hundred dollars ($100) for each violation. 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 the licensee for a first violation when that violation was due to a clerical error or inadvertent mistake.
1700.55. (a) It is a violation of this article for a licensee to do any of the following:
(1) Fail to train an employee or artist.
(2) Fail to provide training in a language understood by the employee or artist.
(3) Fail to provide an employee or artist with a record of his or her training.
(4) Provide an employee or artist with a false record of completion of his or her training, when he or she has, in fact, received no training.
(5) Fail to keep a record of training for each employee and artist who has received training.
(6) Fail to request and retain a minors entertainment work permit.
(b) If, upon inspection or investigation, the Labor Commissioner determines that a violation of any of the provisions listed in subdivision (a) has occurred, the Labor Commissioner may issue a citation and assess a civil penalty in the amount of one hundred dollars ($100) for each violation. 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 the licensee for a first violation when that violation was due to a clerical error or inadvertent mistake.