Be a manager, go to jail: California Corporate Criminal Liability Act of 1989

Abstract

In 1989 California enacted a law that will imprison managers in work environments for as long as three years for failing to report a seriously concealed danger that might physically threaten employees or consumers. Currently, the Los Angeles District Attorney's office is looking at eight possible cases in which to apply the Corporate Criminal Liability Act. The responsibilities imposed by the Act require managerial employees, under threat of criminal or civil prosecution, to report their company's unsafe work practices. The Act appears to vest governmental agencies with supervisory authority of equal stature to the employers. Since codification of the Act into the penal code, 387, prosecutors are still learning how to apply the code with greater efficiency and effectiveness.<>