EmployeesSocial Compliance Audits

Section § 1250

Explanation

This section defines terms for understanding laws related to child labor and workplace audits. A "child" is someone under 18. "Child labor" refers to any work by a child that breaks state or federal laws. "Clear and conspicuous" describes text that stands out due to larger or different styles or colors. A "social compliance audit" is a voluntary check by non-governmental entities to make sure an employer's practices meet labor laws, particularly regarding wages, hours, health, safety, and child labor.

For purposes of this chapter, the following definitions apply:
(a)CA Labor Code § 1250(a) “Child” means a natural person under 18 years of age.
(b)CA Labor Code § 1250(b) “Child labor” means any work performed by a child in violation of state or federal law.
(c)CA Labor Code § 1250(c) “Clear and conspicuous” means in larger type than the surrounding text, or in contrasting type, font, or color to the surrounding text of the same size, or set off from the surrounding text of the same size by symbols or other marks that call attention to the language.
(d)CA Labor Code § 1250(d) “Social compliance audit” means a voluntary, nongovernmental inspection or assessment of an employer’s operations or practices to evaluate whether the operations or practices are in compliance with state and federal labor laws, including, but not limited to, wage and hour and health and safety regulations, including those regarding child labor.
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Section § 1251

Explanation

If an employer voluntarily undergoes a social compliance audit to check for child labor, they must provide a visible link on their website to a report about the audit's findings. This report needs to include details like the date and time of the audit, whether child labor was found, and any relevant policies the employer has on child employment. It should also mention if children were exposed to unsafe conditions or if they worked during school or night hours. Finally, the report must state that the auditing company is not a government agency and can't certify legal compliance.

(a)CA Labor Code § 1251(a) An employer who has voluntarily subjected itself to a social compliance audit, whether the audit is conducted in part, or in whole, to determine if child labor is involved in the employer’s operations or practices, shall post a clear and conspicuous link on its internet website to a report detailing the findings of the employer’s compliance with child labor laws.
(b)CA Labor Code § 1251(b) A report described in subdivision (a) shall contain all of the following:
(1)CA Labor Code § 1251(b)(1) The year, month, day, and time the audit was conducted, and whether the audit was conducted during a day shift or night shift.
(2)CA Labor Code § 1251(b)(2) Whether the employer did or did not engage in, or support the use of, child labor.
(3)CA Labor Code § 1251(b)(3) A copy of any written policies and procedures the employer has and had regarding child employees.
(4)CA Labor Code § 1251(b)(4) Whether the employer exposed children to any workplace situations that were hazardous or unsafe to their physical and mental health and development.
(5)CA Labor Code § 1251(b)(5) Whether children worked within or outside regular school hours, or during night hours, for the employer.
(6)CA Labor Code § 1251(b)(6) 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.
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