Bill Text: CA AB1881 | 2009-2010 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Recovery of wages: liquidated damages.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2010-09-23 - Vetoed by Governor. [AB1881 Detail]

Download: California-2009-AB1881-Introduced.html

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BILL NUMBER: AB 1881	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Monning

                        FEBRUARY 16, 2010

   An act to amend Section 1194.2 of the Labor Code, relating to
employment.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1881, as introduced, Monning. Recovery of wages: liquidated
damages.
   Under existing law, in a court action to recover wages unpaid in
violation of the minimum wage set by the Industrial Welfare
Commission within the Department of Industrial Relations, the court
may award liquidated damages to an employee equal to the amount of
wages unlawfully unpaid, plus interest.
   This bill would increase the amount of liquidated damages that may
be awarded to an employee to twice the amount of the wages
unlawfully unpaid, plus interest.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1194.2 of the Labor Code is amended to read:
   1194.2.  (a) In any action under Section 1193.6 or Section 1194 to
recover wages because of the payment of a wage less than the minimum
wage fixed by an order of the commission, an employee shall be
entitled to recover liquidated damages in an amount equal to 
twice  the wages unlawfully unpaid and interest thereon. Nothing
in this subdivision shall be construed to authorize the recovery of
liquidated damages for failure to pay overtime compensation.
   (b) Notwithstanding subdivision (a), if the employer demonstrates
to the satisfaction of the court that the act or omission giving rise
to the action was in good faith and that the employer had reasonable
grounds for believing that the act or omission was not a violation
of any provision of the Labor Code relating to minimum wage, or an
order of the commission, the court may, in its discretion, refuse to
award liquidated damages or award any amount of liquidated damages
not exceeding the amount specified in subdivision (a).
   (c) This section only  shall apply   applies
 to civil actions commenced on or after January 1, 1992.