Today's Law As Amended

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AB-442 Employer liability: small business and microbusiness.(2017-2018)



SECTION 1.

 Section 6334 is added to the Labor Code, to read:

6334.
 (a) The division shall not commence any enforcement action for any nonserious violation against any employer where the employer is a small business or microbusiness without first giving written notice to the employer and providing 30 days for the employer to correct the violation.
(b) The 30-day correction period shall commence upon effective service of the written notice by the division upon the employer or where written notice is served during an inspection by the division.
(c) Notice of a correctable nonserious violation shall be an informal enforcement action and shall not constitute a first violation or an earlier violation supporting a subsequent finding of a repeat violation or an admission of guilt by the employer.
(d) The division shall assess a reasonable fee to cover its costs under this section not to exceed fifty dollars ($50) per nonserious violation.
(e) This section shall not apply to a willful violation by an employer.
(f) For purposes of this section, “small business” has the same meaning as in Section 14837 of the Government Code.
(g) For purposes of this section, “microbusiness” has the same meaning as in Section 14837 of the Government Code.
(h) For purposes of this section, “nonserious violation” means any violation that is not classified as a serious violation under Title 8 of the California Code of Regulations.