| 1 | | - | Assembly Bill No. 3234 CHAPTER 438An act to add Chapter 1.5 (commencing with Section 1250) to Part 4 of Division 2 of the Labor Code, relating to private employment. [ Approved by Governor September 22, 2024. Filed with Secretary of State September 22, 2024. ] LEGISLATIVE COUNSEL'S DIGESTAB 3234, Ortega. Employers: 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 who has voluntarily subjected itself to a social compliance audit, whether the audit is conducted in part, or in whole, to determine if child labor is involved in the employers operations or practices, to post a clear and conspicuous link on its internet website to a report detailing the findings of its compliance with child labor laws. The bill would define the term social compliance audit to mean a voluntary, nongovernmental inspection or assessment of an employers operations or practices to evaluate whether the operations or practices are in compliance with state and federal labor laws, including wage and hour and health and safety regulations, including those regarding child labor. The bill would require that report to include, among other things, whether the employer did or did not engage in, or support the use of, child labor and a copy of any written policies and procedures the employer has and had 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 Audits1250. 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) 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 a voluntary, nongovernmental inspection or assessment of an employers operations or practices to evaluate whether the operations or practices are in compliance with state and federal labor laws, including, but not limited to, wage and hour and health and safety regulations, including those regarding child labor.1251. (a) An employer who has voluntarily subjected itself to a social compliance audit, whether the audit is conducted in part, or in whole, to determine if child labor is involved in the employers operations or practices, shall post a clear and conspicuous link on its internet website to a report detailing the findings of the employers compliance with child labor laws.(b) A report described in subdivision (a) shall contain all of the following:(1) The year, month, day, and time the audit was conducted, and whether the audit was conducted during a day shift or night shift.(2) Whether the employer did or did not engage in, or support the use of, child labor.(3) A copy of any written policies and procedures the employer has and had regarding child employees.(4) Whether the employer exposed children to any workplace situations that were hazardous or unsafe to their physical and mental health and development.(5) Whether children worked within or outside regular school hours, or during night hours, for the employer.(6) A statement that the auditing company is not a government agency and is not authorized to verify compliance with state and federal labor laws or other health and safety regulations. |
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| 1 | + | Enrolled August 28, 2024 Passed IN Senate August 20, 2024 Passed IN Assembly August 26, 2024 Amended IN Senate August 14, 2024 Amended IN Senate August 06, 2024 Amended IN Senate May 28, 2024 Amended IN Assembly April 01, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 3234Introduced by Assembly Member OrtegaFebruary 16, 2024An 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, Ortega. Employers: 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 who has voluntarily subjected itself to a social compliance audit, whether the audit is conducted in part, or in whole, to determine if child labor is involved in the employers operations or practices, to post a clear and conspicuous link on its internet website to a report detailing the findings of its compliance with child labor laws. The bill would define the term social compliance audit to mean a voluntary, nongovernmental inspection or assessment of an employers operations or practices to evaluate whether the operations or practices are in compliance with state and federal labor laws, including wage and hour and health and safety regulations, including those regarding child labor. The bill would require that report to include, among other things, whether the employer did or did not engage in, or support the use of, child labor and a copy of any written policies and procedures the employer has and had 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 Audits1250. 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) 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 a voluntary, nongovernmental inspection or assessment of an employers operations or practices to evaluate whether the operations or practices are in compliance with state and federal labor laws, including, but not limited to, wage and hour and health and safety regulations, including those regarding child labor.1251. (a) An employer who has voluntarily subjected itself to a social compliance audit, whether the audit is conducted in part, or in whole, to determine if child labor is involved in the employers operations or practices, shall post a clear and conspicuous link on its internet website to a report detailing the findings of the employers compliance with child labor laws.(b) A report described in subdivision (a) shall contain all of the following:(1) The year, month, day, and time the audit was conducted, and whether the audit was conducted during a day shift or night shift.(2) Whether the employer did or did not engage in, or support the use of, child labor.(3) A copy of any written policies and procedures the employer has and had regarding child employees.(4) Whether the employer exposed children to any workplace situations that were hazardous or unsafe to their physical and mental health and development.(5) Whether children worked within or outside regular school hours, or during night hours, for the employer.(6) A statement that the auditing company is not a government agency and is not authorized to verify compliance with state and federal labor laws or other health and safety regulations. |
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| 3 | | - | Assembly Bill No. 3234 CHAPTER 438An act to add Chapter 1.5 (commencing with Section 1250) to Part 4 of Division 2 of the Labor Code, relating to private employment. [ Approved by Governor September 22, 2024. Filed with Secretary of State September 22, 2024. ] LEGISLATIVE COUNSEL'S DIGESTAB 3234, Ortega. Employers: 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 who has voluntarily subjected itself to a social compliance audit, whether the audit is conducted in part, or in whole, to determine if child labor is involved in the employers operations or practices, to post a clear and conspicuous link on its internet website to a report detailing the findings of its compliance with child labor laws. The bill would define the term social compliance audit to mean a voluntary, nongovernmental inspection or assessment of an employers operations or practices to evaluate whether the operations or practices are in compliance with state and federal labor laws, including wage and hour and health and safety regulations, including those regarding child labor. The bill would require that report to include, among other things, whether the employer did or did not engage in, or support the use of, child labor and a copy of any written policies and procedures the employer has and had regarding child employees.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO |
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| 3 | + | Enrolled August 28, 2024 Passed IN Senate August 20, 2024 Passed IN Assembly August 26, 2024 Amended IN Senate August 14, 2024 Amended IN Senate August 06, 2024 Amended IN Senate May 28, 2024 Amended IN Assembly April 01, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 3234Introduced by Assembly Member OrtegaFebruary 16, 2024An 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, Ortega. Employers: 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 who has voluntarily subjected itself to a social compliance audit, whether the audit is conducted in part, or in whole, to determine if child labor is involved in the employers operations or practices, to post a clear and conspicuous link on its internet website to a report detailing the findings of its compliance with child labor laws. The bill would define the term social compliance audit to mean a voluntary, nongovernmental inspection or assessment of an employers operations or practices to evaluate whether the operations or practices are in compliance with state and federal labor laws, including wage and hour and health and safety regulations, including those regarding child labor. The bill would require that report to include, among other things, whether the employer did or did not engage in, or support the use of, child labor and a copy of any written policies and procedures the employer has and had regarding child employees.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO |
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| 14 | 27 | | |
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| 15 | 28 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 16 | 29 | | |
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| 17 | 30 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 18 | 31 | | |
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| 19 | 32 | | AB 3234, Ortega. Employers: social compliance audit. |
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| 20 | 33 | | |
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| 21 | 34 | | 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 who has voluntarily subjected itself to a social compliance audit, whether the audit is conducted in part, or in whole, to determine if child labor is involved in the employers operations or practices, to post a clear and conspicuous link on its internet website to a report detailing the findings of its compliance with child labor laws. The bill would define the term social compliance audit to mean a voluntary, nongovernmental inspection or assessment of an employers operations or practices to evaluate whether the operations or practices are in compliance with state and federal labor laws, including wage and hour and health and safety regulations, including those regarding child labor. The bill would require that report to include, among other things, whether the employer did or did not engage in, or support the use of, child labor and a copy of any written policies and procedures the employer has and had regarding child employees. |
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| 22 | 35 | | |
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| 23 | 36 | | 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. |
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| 24 | 37 | | |
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| 25 | 38 | | This bill would require an employer who has voluntarily subjected itself to a social compliance audit, whether the audit is conducted in part, or in whole, to determine if child labor is involved in the employers operations or practices, to post a clear and conspicuous link on its internet website to a report detailing the findings of its compliance with child labor laws. The bill would define the term social compliance audit to mean a voluntary, nongovernmental inspection or assessment of an employers operations or practices to evaluate whether the operations or practices are in compliance with state and federal labor laws, including wage and hour and health and safety regulations, including those regarding child labor. The bill would require that report to include, among other things, whether the employer did or did not engage in, or support the use of, child labor and a copy of any written policies and procedures the employer has and had regarding child employees. |
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| 26 | 39 | | |
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| 27 | 40 | | ## Digest Key |
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| 28 | 41 | | |
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| 29 | 42 | | ## Bill Text |
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| 30 | 43 | | |
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| 31 | 44 | | 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 Audits1250. 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) 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 a voluntary, nongovernmental inspection or assessment of an employers operations or practices to evaluate whether the operations or practices are in compliance with state and federal labor laws, including, but not limited to, wage and hour and health and safety regulations, including those regarding child labor.1251. (a) An employer who has voluntarily subjected itself to a social compliance audit, whether the audit is conducted in part, or in whole, to determine if child labor is involved in the employers operations or practices, shall post a clear and conspicuous link on its internet website to a report detailing the findings of the employers compliance with child labor laws.(b) A report described in subdivision (a) shall contain all of the following:(1) The year, month, day, and time the audit was conducted, and whether the audit was conducted during a day shift or night shift.(2) Whether the employer did or did not engage in, or support the use of, child labor.(3) A copy of any written policies and procedures the employer has and had regarding child employees.(4) Whether the employer exposed children to any workplace situations that were hazardous or unsafe to their physical and mental health and development.(5) Whether children worked within or outside regular school hours, or during night hours, for the employer.(6) A statement that the auditing company is not a government agency and is not authorized to verify compliance with state and federal labor laws or other health and safety regulations. |
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| 32 | 45 | | |
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| 33 | 46 | | The people of the State of California do enact as follows: |
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| 34 | 47 | | |
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| 35 | 48 | | ## The people of the State of California do enact as follows: |
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| 36 | 49 | | |
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| 37 | 50 | | 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 Audits1250. 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) 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 a voluntary, nongovernmental inspection or assessment of an employers operations or practices to evaluate whether the operations or practices are in compliance with state and federal labor laws, including, but not limited to, wage and hour and health and safety regulations, including those regarding child labor.1251. (a) An employer who has voluntarily subjected itself to a social compliance audit, whether the audit is conducted in part, or in whole, to determine if child labor is involved in the employers operations or practices, shall post a clear and conspicuous link on its internet website to a report detailing the findings of the employers compliance with child labor laws.(b) A report described in subdivision (a) shall contain all of the following:(1) The year, month, day, and time the audit was conducted, and whether the audit was conducted during a day shift or night shift.(2) Whether the employer did or did not engage in, or support the use of, child labor.(3) A copy of any written policies and procedures the employer has and had regarding child employees.(4) Whether the employer exposed children to any workplace situations that were hazardous or unsafe to their physical and mental health and development.(5) Whether children worked within or outside regular school hours, or during night hours, for the employer.(6) A statement that the auditing company is not a government agency and is not authorized to verify compliance with state and federal labor laws or other health and safety regulations. |
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| 38 | 51 | | |
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| 39 | 52 | | SECTION 1. Chapter 1.5 (commencing with Section 1250) is added to Part 4 of Division 2 of the Labor Code, to read: |
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| 40 | 53 | | |
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| 41 | 54 | | ### SECTION 1. |
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| 42 | 55 | | |
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| 43 | 56 | | CHAPTER 1.5. Social Compliance Audits1250. 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) 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 a voluntary, nongovernmental inspection or assessment of an employers operations or practices to evaluate whether the operations or practices are in compliance with state and federal labor laws, including, but not limited to, wage and hour and health and safety regulations, including those regarding child labor.1251. (a) An employer who has voluntarily subjected itself to a social compliance audit, whether the audit is conducted in part, or in whole, to determine if child labor is involved in the employers operations or practices, shall post a clear and conspicuous link on its internet website to a report detailing the findings of the employers compliance with child labor laws.(b) A report described in subdivision (a) shall contain all of the following:(1) The year, month, day, and time the audit was conducted, and whether the audit was conducted during a day shift or night shift.(2) Whether the employer did or did not engage in, or support the use of, child labor.(3) A copy of any written policies and procedures the employer has and had regarding child employees.(4) Whether the employer exposed children to any workplace situations that were hazardous or unsafe to their physical and mental health and development.(5) Whether children worked within or outside regular school hours, or during night hours, for the employer.(6) A statement that the auditing company is not a government agency and is not authorized to verify compliance with state and federal labor laws or other health and safety regulations. |
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| 44 | 57 | | |
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| 45 | 58 | | CHAPTER 1.5. Social Compliance Audits1250. 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) 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 a voluntary, nongovernmental inspection or assessment of an employers operations or practices to evaluate whether the operations or practices are in compliance with state and federal labor laws, including, but not limited to, wage and hour and health and safety regulations, including those regarding child labor.1251. (a) An employer who has voluntarily subjected itself to a social compliance audit, whether the audit is conducted in part, or in whole, to determine if child labor is involved in the employers operations or practices, shall post a clear and conspicuous link on its internet website to a report detailing the findings of the employers compliance with child labor laws.(b) A report described in subdivision (a) shall contain all of the following:(1) The year, month, day, and time the audit was conducted, and whether the audit was conducted during a day shift or night shift.(2) Whether the employer did or did not engage in, or support the use of, child labor.(3) A copy of any written policies and procedures the employer has and had regarding child employees.(4) Whether the employer exposed children to any workplace situations that were hazardous or unsafe to their physical and mental health and development.(5) Whether children worked within or outside regular school hours, or during night hours, for the employer.(6) A statement that the auditing company is not a government agency and is not authorized to verify compliance with state and federal labor laws or other health and safety regulations. |
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| 46 | 59 | | |
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| 47 | 60 | | CHAPTER 1.5. Social Compliance Audits |
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| 48 | 61 | | |
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| 49 | 62 | | CHAPTER 1.5. Social Compliance Audits |
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| 50 | 63 | | |
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| 51 | 64 | | 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) 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 a voluntary, nongovernmental inspection or assessment of an employers operations or practices to evaluate whether the operations or practices are in compliance with state and federal labor laws, including, but not limited to, wage and hour and health and safety regulations, including those regarding child labor. |
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| 52 | 65 | | |
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| 53 | 66 | | |
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| 54 | 67 | | |
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| 55 | 68 | | 1250. For purposes of this chapter, the following definitions apply: |
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| 56 | 69 | | |
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| 57 | 70 | | (a) Child means a natural person under 18 years of age. |
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| 58 | 71 | | |
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| 59 | 72 | | (b) Child labor means any work performed by a child in violation of state or federal law. |
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| 60 | 73 | | |
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| 61 | 74 | | (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. |
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| 62 | 75 | | |
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| 63 | 76 | | (d) Social compliance audit means a voluntary, nongovernmental inspection or assessment of an employers operations or practices to evaluate whether the operations or practices are in compliance with state and federal labor laws, including, but not limited to, wage and hour and health and safety regulations, including those regarding child labor. |
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| 64 | 77 | | |
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| 65 | 78 | | 1251. (a) An employer who has voluntarily subjected itself to a social compliance audit, whether the audit is conducted in part, or in whole, to determine if child labor is involved in the employers operations or practices, shall post a clear and conspicuous link on its internet website to a report detailing the findings of the employers compliance with child labor laws.(b) A report described in subdivision (a) shall contain all of the following:(1) The year, month, day, and time the audit was conducted, and whether the audit was conducted during a day shift or night shift.(2) Whether the employer did or did not engage in, or support the use of, child labor.(3) A copy of any written policies and procedures the employer has and had regarding child employees.(4) Whether the employer exposed children to any workplace situations that were hazardous or unsafe to their physical and mental health and development.(5) Whether children worked within or outside regular school hours, or during night hours, for the employer.(6) A statement that the auditing company is not a government agency and is not authorized to verify compliance with state and federal labor laws or other health and safety regulations. |
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| 66 | 79 | | |
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| 67 | 80 | | |
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| 68 | 81 | | |
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| 69 | 82 | | 1251. (a) An employer who has voluntarily subjected itself to a social compliance audit, whether the audit is conducted in part, or in whole, to determine if child labor is involved in the employers operations or practices, shall post a clear and conspicuous link on its internet website to a report detailing the findings of the employers compliance with child labor laws. |
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| 70 | 83 | | |
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| 71 | 84 | | (b) A report described in subdivision (a) shall contain all of the following: |
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| 72 | 85 | | |
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| 73 | 86 | | (1) The year, month, day, and time the audit was conducted, and whether the audit was conducted during a day shift or night shift. |
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| 74 | 87 | | |
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| 75 | 88 | | (2) Whether the employer did or did not engage in, or support the use of, child labor. |
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| 76 | 89 | | |
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| 77 | 90 | | (3) A copy of any written policies and procedures the employer has and had regarding child employees. |
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| 78 | 91 | | |
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| 79 | 92 | | (4) Whether the employer exposed children to any workplace situations that were hazardous or unsafe to their physical and mental health and development. |
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| 80 | 93 | | |
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| 81 | 94 | | (5) Whether children worked within or outside regular school hours, or during night hours, for the employer. |
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| 82 | 95 | | |
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| 83 | 96 | | (6) A statement that the auditing company is not a government agency and is not authorized to verify compliance with state and federal labor laws or other health and safety regulations. |
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