California Assembly Bill 3234

Despite strict state and federal laws to protect young workers, unfortunately, to this day, child labor remains a significant issue in the United States of America. Today, child labor violations can be found in various sections, including manufacturing, agriculture, and service industries. In 2023, the U.S. Department of Labor’s Wage and Hour Division reported increased child labor cases. There are laws in place that set restrictions on the hours that children can work, the work they can do, and the conditions under which they can work. However, enforcement is a huge challenge. Recently, another bill was passed in California that aims to address the issue of child labor in California. 

California passed Assembly Bill (AB) 3234 in late August with notable bi-partisan support. The bill passed both the State Assembly and Senate without opposition. Governor Gavin Newsom has yet to sign the bill, but it is expected that the Governor will sign AB 3234 into law. If this bill is passed into law, those employers that have voluntarily subjected themselves to social compliance audits must prominently display a link to their latest audit report on their company website. Under AB 3234, “social compliance audits” are inspections of a business to confirm if it conforms to social and ethical responsibilities and health and safety regulations regarding child labor. AB 3234 is significant to California employees, as it may impact workplace conditions and practices, especially for individuals who work in sectors prone to child labor violations.

If AB 3234 is enacted, employers will be required to make public social compliance audit reports that include the following information;

• The exact date and time of the audit, indicating whether it happened during the morning or evening shift.
• Confirmation of whether the business supports employing children or employs children.
• The business’s written policies and procedures about child employees.
• Information on whether child employees are subjected to dangerous or unsafe conditions that could adversely affect their well-being.
• Information on whether children work at night or during school hours.

It is crucial for employees to understand who the law considers a child. Assembly Bill 3234 defines a child as someone below the age of 18, and child labor arises when a child performs work in violation of state or federal law.

As an employee, the following as some of the things to know and consider in regard to AB 3234 if the bill is enacted;

• Stay Knowledgeable: If your employer conducts social compliance audits, monitor their website to ensure they publish the audit report link as required by AB 3234. Check to see that your employer’s report includes all the required information (as outlined above). 
• Act if You Observe Violations: If your employer’s audit report does not meet the set requirements, you observe practices that violate child labor laws, or the audit report reveals child labor violations, consider reporting the matter to the relevant authorities.
• Know Your Rights: Take time to understand laws regarding child labor (both state and federal). That way, you can recognize and report child labor violations.
• Seek Legal Guidance: If you believe your rights or those of younger employees are being violated, consult a California employment lawyer. An attorney can help you understand your legal options for addressing violations.

Contact a California Employment Lawyer

Contact a California employment lawyer if you have questions or need help with an employment law-related matter.