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CA SB883

CA SB883
Employers: good faith defense.


summary

Introduced
In Committee
Crossed Over
Passed
Dead

Introduced Session

2011-2012 Regular Session

Bill Summary

An act to add Section 98.73 to the Labor Code, relating to employment.

AI Summary

This bill, by adding Section 98.73 to the Labor Code, establishes a "good faith defense" for employers in California. This defense means an employer cannot be held responsible or punished for breaking labor laws or regulations set by the Industrial Welfare Commission if they can prove they were acting in good faith and following specific administrative guidance from either the Labor Commissioner or, in cases where California law aligns with federal law, the Administrator of the Wage and Hour Division of the United States Department of Labor. This guidance could be in the form of regulations, orders, rulings, approvals, interpretations, or even established enforcement policies. Importantly, this defense remains valid even if the guidance the employer relied on is later changed, canceled, or found to be legally invalid. This provision applies to all legal cases that have not yet reached a final decision, regardless of when the alleged violation occurred or when the case was filed, as long as it's after January 1, 2012.

Committee Categories

Labor and Employment

Sponsors (1)

Last Action

Returned to Secretary of Senate pursuant to Joint Rule 56. (on 01/31/2012)

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