On Sept. 22, California Gov. Gavin Newsom signed Assembly Bill 3234 into law, imposing more transparency requirements for employers that audit their child labor practices. The bill will take effect on Jan. 1, 2025.
Under AB 3234, any employer that has voluntarily subjected its business to a “social compliance audit” to determine if child labor is involved, in whole or in part, in the employer’s operations or practices must post a link on its website to a report detailing the findings of the audit. AB 3234 defines a social compliance audit as a voluntary, nongovernmental inspection or assessment of an employer’s operations and practices to evaluate whether it complies with state and federal labor laws, including health and safety regulations regarding child labor.
AB 3234 provides that the following information must be included within the compliance report:
- The year, month, day, and time that the audit was conducted, and whether the audit was conducted during a day shift or night shift.
- Whether the employer engages in or supports the use of child labor.
- A copy of the employer’s written policies and procedures regarding child employees.
- Whether the employer exposes children to any workplace situations that are hazardous or unsafe to their physical and mental health and development.
- Whether children work for the employer within or outside of regular school hours, or during night hours.
- 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.
Given this upcoming change in the law, legal and compliance teams should assess whether their companies are subject to the AB 3234 disclosure requirements.
Susan E. Groff is an attorney with Jackson Lewis in Los Angeles. Jessica C. Shafer is an attorney with Jackson Lewis in San Francisco. © 2024 Jackson Lewis. All rights reserved. Reposted with permission.
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