Bill Text: CA SB883 | 2011-2012 | Regular Session | Introduced

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Bill Title: Employers: good faith defense.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-31 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB883 Detail]

Download: California-2011-SB883-Introduced.html

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BILL NUMBER: SB 883	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Correa

                        FEBRUARY 18, 2011

   An act to add Section 98.73 to the Labor Code, relating to
employment.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 883, as introduced, Correa. Employers: good faith defense.
   The Department of Labor Standards Enforcement is generally charged
with enforcing employment statutes and regulations, either in
administrative actions or through litigation. An employer may face
administrative sanctions, civil fines and penalties, and criminal
penalties for violations of employment statutes or regulations.
   This bill would permit an employer to raise as an affirmative
defense that, at the time of an alleged violation, the employer was
acting in good faith and in compliance with or reliance upon an
applicable employment statute or regulation.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 98.73 is added to the Labor Code, to read:
   98.73.  (a) An employer shall not be liable or subject to
punishment for any violation of this code or wage order of the
Industrial Welfare Commission if the employer pleads and proves to
the trier of fact that, at the time the alleged act or omission
occurred, the employer was acting in good faith and in conformity
with, and in reliance on, an applicable administrative regulation,
order, ruling, approval, or interpretation of the Labor Commissioner
or, where California law follows federal law, the Administrator of
the Wage and Hour Division of the United States Department of Labor,
or an administrative practice or enforcement policy of such agency
with respect to the class of employers to which the employer
belonged. This defense shall apply even if, after the alleged act or
omission occurred, the administrative regulation, order, ruling,
approval, interpretation, practice, or enforcement policy upon which
the employer relied is modified, rescinded, or is determined by
judicial authority to be invalid or of no legal effect.
   (b) This section applies to all actions and proceedings that have
not resulted in a final judgment regardless of whether the action or
proceeding was commenced, or based upon an alleged act or omission
that occurred, before, on, or after January 1, 2012.