SB 592

Bill Subjects

Abstract

Existing law creates with the Department of Industrial Relations, and establishes within the department the Division of Labor Standards Enforcement (DLSE) , which is headed by the Labor Commissioner. The DLSE is generally charged with enforcing employment statutes and regulations, either in administrative actions or through litigation. Existing law imposes various administrative sanctions, civil fines and penalties, and criminal penalties for violations of employment statutes or regulations. This bill would prohibit the imposition of punishment or liability for costs upon a person who has relied upon a published opinion letter or an enforcement policy, as defined, of DLSE that is displayed on the internet website of the division, except for restitution of unpaid wages, for violations of statutes or regulations in judicial or administrative proceedings if the person pleads and proves specified facts. The bill would require a person asserting this defense to have acted in good faith, to have relied upon, and conformed to, the applicable opinion letter or enforcement policy, and to have provided true and correct information to the division, among other things. The bill would require a person asserting this defense to post a bond and would prescribe requirements in this regard. The bill would specify certain circumstances under which the defense would not apply. The bill would apply its provisions to actions and proceedings that commence on or after January 1, 2024. Existing law requires the Labor Commissioner to provide qualified bilingual persons in public contact positions or as interpreters to assist people in those positions with providing information and services in the language of a limited- or non-English-speaking person, as specified. Existing law requires the Labor Commissioner to prepare and distribute to the public, through the division's local offices, materials explaining services available in non-English languages, as well as in English. Existing law requires the Labor Commissioner to prepare and use complaint processing forms and form letters in the language of non-English speaking people, as the commissioner deems necessary and appropriate for the filing, investigation, and resolution of wage claims, as specified. This bill would require the Labor Commissioner to translate each of its internet websites in their entirety, and all materials available on those internet websites, into Spanish, Chinese, Tagalog, and Vietnamese by January 1, 2026.