©2025 Seyfarth Shaw LLP www.seyfarth.com 2025 Cal-Peculiarities | 25 DOSH amended its regulations several years ago to (1) increase the “look back” period from three years to five years to determine if there is a “repeat” violation of a safety order, (2) allow a repeat citation for any prior employer violations in the state (as opposed to repeat citations to a fixed establishment or within the region for businesses that have no fixed establishments), and (3) allow a repeat citation for a substantially similar violation, hazard, or condition (as opposed to the “same violation” under former law).72 DOSH’s broader authority to issue repeat citations could have significant ramifications for employers, in that repeat violations require no higher proof of intent by the employer, and penalties for repeat citations can reach $158,727 per violation.73 The Occupational Safety and Health Appeals Board, a three-member quasi-judicial body appointed by the Governor and confirmed by the California Senate, handles appeals from private and public sector employers regarding citations issued by DOSH for alleged violations of workplace safety and health laws and regulations.74 1 For more information, see www.ca.gov (last visited July 12, 2024). 2 Historically, disability discrimination complaints have been the most common, followed by retaliation, race, and gender discrimination, and sexual harassment. For more information, see www.calcivilrights.ca.gov (last visited July 11, 2024). 3 Dep’t of Fair Employment & Housing v. Am. Pac. Corp., No. 34-2013-00151153-CU-CR-GDS, Sacramento Cnty. Superior Ct. (Mar. 13, 2014). 4 Cheng v. WinCo Foods LLC, No. 14-CV-0483-JST, 2014 WL 2735796 (N.D. Cal. June 11, 2014). 5 2 Cal. Code Regs. §§ 11029-11030. 6 2 Cal. Code Regs. § 11028. 7 2 Cal. Code Regs. § 11028(g). 8 2 Cal. Code Regs. § 11024. 9 2 Cal. Code Regs. § 11023(b), (c). 10 2 Cal. Code Regs. § 11023(a). 11 California Employers Association - California Pumps the Brakes on Artificial Intelligence, https://employers.org/2025/03/13/californiapumps-the-brakes-on-artificial-intelligence/. 12 For more information, see www.labor.ca.gov (last visited Mar. 21, 2024). 13 Cal. Stats. 1927, ch. 440. 14 Lab. Code § 1173. 15 See California Labor Federation v. IWC, 63 Cal. App. 4th 983 (1998). 16 Mendiola v. CPS Sec. Sols., Inc., 60 Cal. 4th 833, 838 n.6 (2015). See www.dir.ca.gov/iwc/wageorderindustries.htm (last visited Mar. 21, 2024). 17 Budget Act of 2023, Assembly Bill 102, Section 215, passed July 10, 2023, https://legiscan.com/CA/text/AB102/id/2833538 (last visited Mar. 21, 2024). 18 SB 988, the Freelance Worker Protection Act (FWPA). 19 Lab. Code § 21. 20 Some industries historically have heavily relied on immigrant labor. California has enacted measures in recent years to protect immigrant workers (see §§ 3.5.8, 5.17, 6.6). 21 The campaign targets workers in low-wage industries (e.g., agriculture, garment, construction, and hospitality) and uses numerous languages to better reach immigrant workers. The websites, in English and Spanish, are www.wagetheftisacrime.com and www.robodesueldoesuncrimen.com (last visited Apr. 20, 2023). 22 SB 306, codified in Labor Code §§ 98.74, 1102.61, 1102.62 and amending Labor Code § 98.7(b)(2). 23 See Lab. Code §§ 98(a) and 98.3. 24 Lab. Code § 98. 25 Lab. Code § 98(a). 26 Lab. Code § 200.5(a). In 2013, the Court of Appeal held that, as long as a claimant is consistently pursuing remedies in any forum— administrative or judicial—the statute of limitations on a wage claim will be subject to equitable tolling, but this decision was depublished by the California Supreme Court. Bain v. Tax Reducers, Inc., 219 Cal. App. 4th 110 (2013), rev. denied and ordered not to be officially published, No. S213850 (Cal. Dec 11, 2013). 27 AB 1003, Penal Code § 487m.
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