California Labor Code 2107 – (a) The commissioner shall do all of the following:(1) The …
(a) The commissioner shall do all of the following:
(1) The commissioner shall enforce this part by engaging in coordinated and strategic enforcement efforts with the divisions within the Department of Industrial Relations, including the Division of Occupational Safety and Health and the Division of Workers’ Compensation. The commissioner shall have access to data from the department including employer-reported injury data and enforcement actions in warehouses, and the identity of uninsured employers, and employers who are committing workers’ compensation fraud, wage theft, or other information relevant to the commissioner’s authority.
Terms Used In California Labor Code 2107
- Commissioner: means the Labor Commissioner. See California Labor Code 2100
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Department: means Department of Industrial Relations. See California Labor Code 19
- Division: means the Division of Occupational Safety and Health. See California Labor Code 2100
- Employee: means a nonexempt employee who works at a warehouse distribution center. See California Labor Code 2100
- Employer: means a person who directly or indirectly, or through an agent or any other person, including through the services of a third-party employer, temporary service, or staffing agency or similar entity, employs or exercises control over the wages, hours, or working conditions of 100 or more employees at a single warehouse distribution center or 1,000 or more employees at one or more warehouse distribution centers in the state. See California Labor Code 2100
- Fraud: Intentional deception resulting in injury to another.
- Violation: includes a failure to comply with any requirement of the code. See California Labor Code 22
(2) The commissioner shall strategically collaborate with stakeholders to educate workers and employers about their rights and obligations under this part, respectively, in order to increase compliance.
(3) (A) The commissioner shall report to the Legislature by January 1, 2023, the number of claims filed with the commissioner under this part, data on warehouse production quotas in warehouses in which the Division of Workers’ Compensation has indicated that annual employee injury rates are above the industry average, and the number of investigations undertaken and enforcement actions initiated, per employer.
(B) The requirement for submitting a report imposed under subparagraph (A) is inoperative on January 1, 2027, pursuant to § 10231.5 of the Government Code.
(C) A report to be submitted pursuant to subparagraph (A) shall be submitted in compliance with § 9795 of the Government Code.
(b) If a particular worksite or employer is found to have an annual employee injury rate of at least 1.5 times higher than the warehousing industry’s average annual injury rate, the Division of Occupational Safety and Health or the Division of Workers’ Compensation shall notify the commissioner, and the commissioner shall determine whether an investigation of violations pursuant to this part, if relevant to the commissioner’s authority, is appropriate. The commissioner may coordinate enforcement with other divisions within the Department of Industrial Relations, as needed.
(c) The commissioner shall have the authority to adopt regulations relating to the procedures for an employee to make a complaint alleging a violation of this part.
(d) The commissioner shall enforce this part using the procedures set forth in Sections 98, 98.3, 98.7, 98.74, and 1197.1.
(e) In any successful action brought by the commissioner to enforce this part, the court may grant injunctive relief in order to obtain compliance with the part, and shall award costs and reasonable attorney’s fee.
(Added by Stats. 2021, Ch. 197, Sec. 3. (AB 701) Effective January 1, 2022.)