California’s new child labor regulations. As of January 1, 2015, California has new protections for victims of child labor law violations. Assembly Bill 2288, also known as the Child Labor Protection Act of 2014, has become Section 1311.5 of the California Labor Code.
The legislation reads as follows:
- “The statute of limitations for claims arising under this code shall be tolled until an individual allegedly aggrieved by an unlawful practice attains the age of majority. This subdivision is declaratory of existing law.”
(“Tolling” a statute of limitations simply means suspending it. So, for example, let’s say an employer in California violates a child labor law, thus giving a 16-year-old employee a cause of action, and the statute of limitations for the particular offense is 3 years. The employee would be able to file a claim until he or she turns 21. This is because, with regard to the statute of limitations, the clock would not start ticking until the employee turns 18.)
- “In addition to the other remedies available, an individual who is discharged, threatened with discharge, demoted, suspended, retaliated against, subjected to an adverse action, or in any other manner discriminated against in the terms or conditions of his or her employment because the individual filed a claim or civil action alleging a violation of this code that arose while the individual was a minor, whether the claim or civil action was filed before or after the individual reached the age of majority, shall be entitled to treble damages.”
(Treble damages are, effectively, triple damages. Laws such as this one allow for victims of certain violations to receive three times their “actual” damages. So if an employee files a claim alleging that his or her employer violated a child labor law, at a time when the employee was a minor – and the employer subjects the employee to retaliation for filing the claim – then the employee will be entitled to three times the damages that he or she would otherwise receive.)
- “A class ‘A’ violation, as defined in subdivision (a) of Section 1288, that involves a minor 12 years of age or younger shall be subject to a civil penalty in an amount not less than $25,000 and not exceeding $50,000 for each violation.”
(A class “A” violation is when an employer violates California’s child labor laws in such a way as to present an imminent danger to minor employees, or a substantial probability that death or serious physical harm would result therefrom. Under Section 1288, a class “A” violation carries with it a civil penalty of $5,000 to $10,000 for each and every violation. Under the new legislation, that amount is increased to $25,000 to $50,000 if the employee involved is 12 or under.)
Seeking Legal Counsel Regarding Child Labor Regulations Issues
If you are believe that you were subjected to violations of child labor laws as an employee – or if you are an employer, and you have been accused of violating a child labor law – you may benefit from the advice of a qualified attorney. You can schedule a consultation with the employment and labor law attorneys at Beck Law P.C. in Santa Rosa by calling or emailing their office today.