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AB-2338 Talent agencies: training.(2017-2018)

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Date Published: 05/26/2018 04:00 AM
AB2338:v96#DOCUMENT

Amended  IN  Assembly  May 25, 2018
Amended  IN  Assembly  April 23, 2018
Amended  IN  Assembly  April 05, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2338


Introduced by Assembly Member Levine

February 13, 2018


An act to add Article 4 (commencing with Section 1700.50) to Chapter 4 of Part 6 of Division 2 of the Labor Code, relating to talent agencies.


LEGISLATIVE COUNSEL'S DIGEST


AB 2338, as amended, Levine. Talent agencies: training.
Existing law requires talent agencies to be licensed by the Labor Commissioner and to comply with specified employment laws applicable to talent agencies.
This bill would require a talent agency to provide training and educational materials, where applicable, on sexual harassment prevention, retaliation, nutrition, and eating disorders to its employees and artists, would require those training and educational materials to be in a language the employee or artist understands, and would require the licensee, as part of the application for license renewal, to confirm with the commissioner that it has and will continue to provide the relevant training and educational materials.
Existing law regulates the employment of minors in the entertainment industry and requires the written consent of the Labor Commissioner for a minor to take part in certain types of employment.
This bill would require the commissioner, prior to the issuance of a permit to employ a minor in the entertainment industry, to provide the minor and the minor’s parent or legal guardian with training in sexual harassment prevention, retaliation, reporting resources, nutrition, and eating disorders. The bill would authorize the commissioner to charge a fee for this training, not to exceed $25 for each minor trained. The bill would further require a talent agency to request and retain a copy of the minor’s entertainment work permit prior to representing or sending a minor artist on an audition, meeting, or interview for engagement of the minor’s services.
This bill would make it a violation of existing laws for a talent agency to fail to comply with the bill’s training, education, and permit retention requirements and would authorize the commissioner to assess civil penalties of $100 for each violation, as prescribed.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Article 4 (commencing with Section 1700.50) is added to Chapter 4 of Part 6 of Division 2 of the Labor Code, to read:
Article  4. Trainings

1700.50.
 (a) A licensee shall provide an employee who works with artists with, within 90 days of the date of hiring and annually thereafter, training in sexual harassment prevention.
(b) Sexual harassment prevention training shall consist of training administered by a licensee or appropriate designee of the licensee, including third-party vendors, onsite, electronically, via Internet Web site, or other means. Sexual harassment prevention training shall include, at a minimum, the components specified in Section 12950 of the Government Code and Section 1700.33.
(c) Training for each employee shall be in the language understood by that employee. The licensee may comply with this language requirement either by providing the training in that language or by having the training interpreted for the employee in the language that he or she understands.
(d) At the conclusion of the training, the employee and licensee shall be provided with a record of the training on a form provided by the Labor Commissioner that includes the name of the trainer or the means by which the training was accomplished, or both, and the date of the training.
(e) The licensee shall keep a record with the names of all employees who have received training for a period of three years.

1700.51.
 (a) A licensee shall make available via electronic transmission, hard copy brochure, or through other reasonable means educational materials regarding sexual harassment prevention, retaliation, and reporting resources to an adult artist within 90 days of agreeing to representation by the licensee or agency procurement of an engagement, meeting, or interview, whichever comes first.
(b) Sexual harassment educational materials shall consist of information on sexual harassment and retaliation and shall be provided to the licensee from the Labor Commissioner except as specified in Section 1700.54. Educational materials may be provided electronically, via Internet Web site, or other means.
(c) Educational materials for each artist shall be in the language understood by that artist. The licensee may comply with this language requirement either by making the educational materials available in that language or by having the educational materials presented for the artist in the language that he or she understands.
(d) The licensee shall keep a record for three years confirming that it has made available educational materials regarding sexual harassment prevention, retaliation, and reporting resources to all adult artists who have been signed for representation after the effective date of the act adding this article.

1700.52.
 (a) A licensee shall make available educational materials regarding nutrition and eating disorders to an adult model artist within 90 days of the date of agreeing to representation by the licensee or agency procurement of an engagement, meeting, or interview, whichever comes first.
(b) Educational materials regarding nutrition and eating disorders shall consist of information on nutrition and eating disorders and shall be provided to the licensee by the Labor Commissioner.
(c) Educational materials regarding nutrition and eating disorders for each adult model artist shall be in the language understood by that artist. The licensee may comply with this language requirement either by making the educational materials available in the artist’s native language or by having the educational materials presented for the artist in the language that he or she understands.
(d) The licensee shall keep a record for three years confirming that it has made available educational materials regarding nutrition and eating disorders to all adult model artists who have been signed for representation after the effective date of the act adding this article.

1700.53.
 (a) Prior to the issuance of a permit to employ an entertainment work permit to a minor pursuant to Section 1308.5, the Labor Commissioner shall provide the minor and the minor’s parent or legal guardian with training in sexual harassment prevention, retaliation, and reporting resources, nutrition, and eating disorders.
(b) Sexual harassment prevention training shall include, at a minimum, the components specified in Section 12950 of the Government Code.
(c) Training for each minor and his or her parent or legal guardian shall be in the language understood by that person. The Labor Commissioner may comply with this language requirement either by providing the training in that language or by having the training presented for the person in the language that he or she understands.
(d) A licensee shall request and retain a copy of the minor’s entertainment work permit prior to representing or sending a minor artist on an audition, meeting, or interview for engagement of the minor’s services.
(e) The Labor Commissioner may charge a fee for training, not to exceed twenty-five dollars ($25), to a parent or legal guardian for each minor trained pursuant to this section.

1700.54.
 (a) The Labor Commissioner shall develop all of the following:
(1) Training, directly or through a third-party vendor approved by the Labor Commissioner, in compliance with the requirements of Section 1700.50, and provide access to such training, electronically, via Internet Web site, or by other means.
(2) Educational materials in compliance with the requirements of Section 1700.52, and provide access to such educational materials, electronically, via Internet Web site, or by other means.
(3) Training, directly or through a third-party vendor approved by the Labor Commissioner, in compliance with the requirements of Section 1700.53.
(b) Training materials developed pursuant to Section 1700.50 that differ from those developed by the Labor Commissioner pursuant to this section shall be approved by the Labor Commissioner prior to their use by the licensee.
(c) Educational materials developed pursuant to Section 1700.51 or 1700.52 that differ from those developed by the Labor Commissioner shall be approved by the Labor Commissioner prior to their use by a licensee.

1700.55.
 (a) As part of the application for license renewal, in order to establish that the requirements of this article are met, a licensee shall confirm to the Labor Commissioner that it has and will continue to do all of the following:
(1) Provide training to employees in compliance with Section 1700.50.
(2) Make available educational materials to adult artists in compliance with Section 1700.51.
(b) To the extent training materials differ from the materials provided developed by the Labor Commissioner pursuant to Section 1700.54, a licensee shall send to the Labor Commissioner a complete list of all materials utilized to provide the training required by Section 1700.50 in the calendar year prior to the month the renewal application is submitted.
(c) To the extent educational materials differ from the materials provided by the Labor Commissioner, a licensee shall send to the Labor Commissioner a complete list of all materials or resources utilized to make available the education required by Section 1700.51 or 1700.52.

1700.56.
 (a) It is a violation of this article for a licensee to do any of the following:
(1) Fail to train an employee.
(2) Fail to provide training in a language understood by the employee.
(3) Fail to provide an employee with a record of his or her training.
(4) Provide an employee with a false record of completion of his or her training, when he or she has, in fact, received no training.
(5) Fail to keep a record of training for each employee who has received training.
(6) Fail to ensure that educational materials are made available to an adult artist.
(7) Fail to make available educational materials in a language understood by the artist.
(8) Fail to request and retain a minor’s entertainment work permit.
(b) If, upon inspection or investigation, the Labor Commissioner determines that a violation of any of the provisions listed in subdivision (a) has occurred, the Labor Commissioner may assess a civil penalty in the amount of one hundred dollars ($100) for each violation. In enforcing this section, the Labor Commissioner shall take into consideration whether the violation was inadvertent, and in his or her discretion, may decide not to penalize the licensee when that violation was due to a clerical error or inadvertent mistake.