Bill Text: CA AB1703 | 2017-2018 | Regular Session | Introduced

California Assembly Bill 1703 (Prior Session Legislation)

Introduced

Bill Title: Employee wages.

Sponsorship: Committee Bill

Status: (Failed) 2018-02-01 - Died at Desk. [AB1703 Detail]

Download: California-2017-AB1703-Introduced.html

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill

No. 1703

Introduced by Committee on Labor and Employment (Assembly Members Thurmond (Chair), Gomez, Kalra, McCarty, and Reyes)

February 28, 2017

An act to amend Section 204 of the Labor Code, relating to employment.

LEGISLATIVE COUNSEL'S DIGEST

AB 1703, as introduced, Committee on Labor and Employment. Employee wages.

Existing law requires that employers pay wages to their employees, twice per calendar month, on days designated in advance as regular paydays. However, employees defined as executive, administrative, or professional may be paid once per month.

This bill would make nonsubstantive changes to this provision.

Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Section 204 of the Labor Code is amended to read:

204.

(a) ~~All wages,~~ Wages, other than those mentioned in Section 201, 201.3, 202, 204.1, or 204.2, earned by ~~any~~ a person in any employment are due and payable twice during each calendar month, on days designated in advance by the employer as the regular paydays. Labor performed between the 1st and 15th days, inclusive, of any calendar month shall be paid for between the 16th and the 26th day of the month during which the labor was performed, and labor performed between the 16th and the last day, inclusive, of any calendar month, shall be paid for between the 1st and 10th day of the following month. However, salaries of executive, administrative, and professional employees of employers covered by the Fair Labor Standards Act, as set forth pursuant to Section 13(a)(1) of the Fair Labor Standards Act, as amended through March 1, 1969, in Part 541 of Title 29 of the Code of Federal Regulations, as that part now reads or may be amended to read at any time hereafter, may be paid once a month on or before the 26th day of the month during which the labor was performed if the entire month’s salaries, including the unearned portion between the date of payment and the last day of the month, are paid at that time.

(b) (1) Notwithstanding any other provision of this section, all wages earned for labor in excess of the normal work period shall be paid no later than the payday for the next regular payroll period.

(2) An employer is in compliance with the requirements of subdivision (a) of Section 226 relating to total hours worked by the employee, if hours worked in excess of the normal work period during the current pay period are itemized as corrections on the paystub for the next regular pay period. Any corrections set out in a subsequently issued paystub shall state the inclusive dates of the pay period for which the employer is correcting its initial report of hours worked.

(c) However, when employees are covered by a collective bargaining agreement that provides different pay arrangements, those arrangements shall apply to the covered employees.

(d) The requirements of this section shall be deemed satisfied by the payment of wages for weekly, biweekly, or semimonthly payroll if the wages are paid not more than seven calendar days following the close of the payroll period.