California 2023 2023-2024 Regular Session

California Assembly Bill AB3234 Amended / Bill

Filed 04/01/2024

                    Amended IN  Assembly  April 01, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 3234Introduced by Assembly Member OrtegaFebruary 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 DIGESTAB 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 termchild 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.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. 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 Labor1250. 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.

 Amended IN  Assembly  April 01, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 3234Introduced by Assembly Member OrtegaFebruary 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 DIGESTAB 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 termchild 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.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO 

 Amended IN  Assembly  April 01, 2024

Amended IN  Assembly  April 01, 2024

 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION

 Assembly Bill 

No. 3234

Introduced by Assembly Member OrtegaFebruary 16, 2024

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

## 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 termchild 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.

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 termchild 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.

## Digest Key

## Bill Text

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 Labor1250. 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.

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

## 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 Labor1250. 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.

SECTION 1. Chapter 1.5 (commencing with Section 1250) is added to Part 4 of Division 2 of the Labor Code, to read:

### SECTION 1.

 CHAPTER 1.5. Social Compliance Audits for Child Labor1250. 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.

 CHAPTER 1.5. Social Compliance Audits for Child Labor1250. 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.

 CHAPTER 1.5. Social Compliance Audits for Child Labor

 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.



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.



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.



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.