Bill Text: CA AB311 | 2011-2012 | Regular Session | Amended

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Bill Title: Employment: labor standards: consultation unit.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-02-01 - Died pursuant to Art. IV, Sec. 10(c) of the Constitution. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB311 Detail]

Download: California-2011-AB311-Amended.html

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BILL NUMBER: AB 311	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 9, 2011

INTRODUCED BY   Assembly Member Cook

                        FEBRUARY 9, 2011

   An act to add Section 108 to the Labor Code, relating to
employment.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 311, as amended, Cook. Employment: labor standards:
consultation unit.
   Existing law establishes the Division of Labor Standards
Enforcement in the Department of Industrial Relations for the
enforcement of labor laws.
   This bill would establish in the division the Labor Standards
Consultation Unit for the purpose of providing consulting services to
an employer or employee regarding compliance with labor standards.
The bill would  state the intent of the Legislature that the unit
ultimately be self-supporting and, to further that end, would 
authorize the unit to charge a requester a fee for consulting
services provided, not to exceed the actual cost to the unit, and to
 further  fund its operation from grants obtained from
for-profit or not-for-profit nongovernmental  and governmental
 entities. The bill would prohibit the division from citing an
employer for a violation of any labor standard, order, or regulation
discovered as a result of an employer requesting or accepting
services from the unit pursuant to the bill if the employer remedies
the violation within 30 days  and the employer is not the subject
of an ongoing investigation by the division  .
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 108 is added to the Labor Code, to read:
   108.  (a) There is established in the Division of Labor Standards
Enforcement, the Labor Standards Consultation Unit to provide, upon
request, a full range of consulting services to any employer or
employee. Those consulting services shall include providing
information, advice, or recommendations on complying with labor
standards, orders, or regulations adopted pursuant to this code.
   (b) (1) The unit may charge the requester a fee for consulting
services provided pursuant to this section, not to exceed the actual
cost to the unit.
   (2) The unit may fund its operation through grants obtained from
for-profit or not-for-profit nongovernmental entities  and
governmental entities and from fees charged for consulting services,
with the intent that this unit ultimately be self-supporting through
grants, donations, and fees  .
   (c)  (1)    The division may 
 shall  not cite an employer for a violation of any
standard, order, or regulation adopted pursuant to this code, if the
violation is discovered as a result of an employer requesting or
accepting consulting services offered pursuant to this section and,
 if  within 30 days of that discovery, the employer
takes corrective action that remedies the violation.  The
corrective action must make whole the employee or employees affected
by the violation, if required under other provisions of this code.
 
   (2) This subdivision does not apply to an employer who is the
subject of an ongoing formal investigation by the division for a wage
and hour violation.