Bill Text: CA AB2074 | 2013-2014 | Regular Session | Chaptered

California Assembly Bill 2074 (Prior Session Legislation)

CA State Legislature page for AB2074

Bill Title: Recovery of wages: liquidated damages.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Passed) 2014-08-19 - Chaptered by Secretary of State - Chapter 211, Statutes of 2014. [AB2074 Detail]

Download: California-2013-AB2074-Chaptered.html

BILL NUMBER: AB 2074	CHAPTERED
	BILL TEXT

	CHAPTER  211
	FILED WITH SECRETARY OF STATE  AUGUST 19, 2014
	APPROVED BY GOVERNOR  AUGUST 19, 2014
	PASSED THE SENATE  AUGUST 4, 2014
	PASSED THE ASSEMBLY  MAY 15, 2014

INTRODUCED BY   Assembly Member Roger Hern�ndez

                        FEBRUARY 20, 2014

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



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2074, Roger Hern�ndez. Recovery of wages: liquidated damages.
   Existing law authorizes an employee to bring a civil lawsuit
against his or her employer for the unpaid balance of wages or
compensation owed to that employee.
   Existing law permits an employee to recover liquidated damages
equal to the unpaid wages plus interest in a court action alleging
payment of less than the state minimum wage.
   This bill would provide that a suit for liquidated damages may be
filed at any time before the expiration of the statute of limitations
for bringing the underlying action alleging payment of less than the
state minimum wage.



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 98, 1193.6, 1194, or
1197.1 to recover wages because of the payment of a wage less than
the minimum wage fixed by an order of the commission or by statute,
an employee shall be entitled to recover liquidated damages in an
amount equal to 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. A suit may be filed for liquidated damages at any time
before the expiration of the statute of limitations on an action for
wages from which the liquidated damages arise.
   (b) Notwithstanding subdivision (a), if the employer demonstrates
to the satisfaction of the court or the Labor Commissioner 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 or
the Labor Commissioner may, as a matter of discretion, refuse to
award liquidated damages or award any amount of liquidated damages
not exceeding the amount specified in subdivision (a).
   (c) This section applies only to civil actions commenced on or
after January 1, 1992.