Bill Text: CA AB2079 | 2013-2014 | Regular Session | Amended
Bill Title: Labor Code Private Attorneys General Act of 2004.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-05-21 - From committee without further action pursuant to Joint Rule 62(a). [AB2079 Detail]
Download: California-2013-AB2079-Amended.html
BILL NUMBER: AB 2079 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 28, 2014
INTRODUCED BY Assembly Member Grove
FEBRUARY 20, 2014
An act to amend Section 2699 2699.5
of the Labor Code, relating to employment.
LEGISLATIVE COUNSEL'S DIGEST
AB 2079, as amended, Grove. Employment.
Labor Code Private Attorneys General Act of 2004.
Under existing law, the Labor Code Private Attorneys General Act
of 2004, any provision providing for a civil penalty to be assessed
and collected by the Labor and Workforce Development Agency or any of
its departments, divisions, commissions, boards, agencies, or
employees, for a violation of certain provisions affecting employees,
may, as an alternative, be recovered through a civil action brought
by an aggrieved employee on behalf of himself or herself and other
current or former employees pursuant to specified procedures. The act
provides that for certain provisions of law the employer has the
right to cure a violation before a civil action may be brought, as
specified. For provisions of law that this right to cure does not
apply, the aggrieved employee must follow other specified procedures
before an action may be brought.
Existing law requires an employer to provide its employees with
specified information regarding their wages either semimonthly or at
the time of each wage payment. This law is one of a set of provisions
a violation of which the employer does not have the right to cure
before a violation may be brought under the Labor Code Private
Attorneys General Act of 2004.
This bill would allow an employer to cure a violation of the wage
statement law described above before an action may be brought under
the Labor Code Private Attorneys General Act of 2004. The bill would
also delete obsolete provisions of law.
The Labor Code Private Attorneys General Act of 2004 provides that
a civil penalty for a violation of the Labor Code may be recovered
through a civil action brought by an aggrieved employee, as
specified.
This bill would make nonsubstantive changes to that provision.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 2699.5 of the Labor
Code is amended to read:
2699.5. The provisions of subdivision (a) of Section 2699.3 apply
to any alleged violation of the following provisions: subdivision
(k) of Section 96, Sections 98.6, 201, 201.3, 201.5, 201.7, 202, 203,
203.1, 203.5, 204, 204a, 204b, 204.1, 204.2, 205, 205.5, 206, 206.5,
208, 209, and 212, subdivision (d) of Section 213, Sections 221,
222, 222.5, 223, and 224, subdivision (a) of Section 226,
Sections 226.7, 227, 227.3, 230, 230.1, 230.2, 230.3,
230.4, 230.7, 230.8, and 231, subdivision (c) of Section 232,
subdivision (c) of Section 232.5, Sections 233, 234, 351, 353, and
403, subdivision (b) of Section 404, Sections 432.2, 432.5, 432.7,
435, 450, 510, 511, 512, 513, 551, 552, 601, 602, 603, 604, 750,
751.8, 800, 850, 851, 851.5, 852, 921, 922, 923, 970, 973, 976, 1021,
1021.5, 1025, 1026, 1101, 1102, 1102.5, and 1153, subdivisions (c)
and (d) of Section 1174, Sections 1194, 1197, 1197.1, 1197.5, and
1198, subdivision (b) of Section 1198.3, Sections 1199, 1199.5, 1290,
1292, 1293, 1293.1, 1294, 1294.1, 1294.5, 1296, 1297, 1298, 1301,
1308, 1308.1, 1308.7, 1309, 1309.5, 1391, 1391.1, 1391.2, 1392, 1683,
and 1695, subdivision (a) of Section 1695.5, Sections 1695.55,
1695.6, 1695.7, 1695.8, 1695.9, 1696, 1696.5, 1696.6, 1697.1,
1700.25, 1700.26, 1700.31, 1700.32, 1700.40, and 1700.47,
paragraphs (1), (2), and (3) of subdivision (a) of, and subdivision
(e) of, Section 1701.4, subdivision (a) of Section 1701.5,
Sections 1701.8, 1701.10, 1701.12, 1735, 1771,
1774, 1776, 1777.5, 1811, 1815, 2651, and 2673, subdivision (a) of
Section 2673.1, Sections 2695.2, 2800, 2801, 2802, 2806, and 2810,
subdivision (b) of Section 2929, and Sections 3095, 6310, 6311, and
6399.7.
SECTION 1. Section 2699 of the Labor Code is
amended to read:
2699. (a) Notwithstanding any other law, any provision of this
code that provides for a civil penalty to be assessed and collected
by the Labor and Workforce Development Agency or any of its
departments, divisions, commissions, boards, agencies, or employees,
for a violation of this code, may, as an alternative, be recovered
through a civil action brought by an aggrieved employee on behalf of
himself or herself and other current or former employees pursuant to
the procedures specified in Section 2699.3.
(b) For purposes of this part, "person" has the same meaning as
defined in Section 18.
(c) For purposes of this part, "aggrieved employee" means any
person who was employed by the alleged violator and against whom one
or more of the alleged violations was committed.
(d) For purposes of this part, "cure" means that the employer
abates each violation alleged by any aggrieved employee, the employer
is in compliance with the underlying statutes as specified in the
notice required by this part, and any aggrieved employee is made
whole.
(e) (1) For purposes of this part, whenever the Labor and
Workforce Development Agency, or any of its departments, divisions,
commissions, boards, agencies, or employees, has discretion to assess
a civil penalty, a court is authorized to exercise the same
discretion, subject to the same limitations and conditions, to assess
a civil penalty.
(2) In any action by an aggrieved employee seeking recovery of a
civil penalty available under subdivision (a) or (f), a court may
award a lesser amount than the maximum civil penalty amount specified
by this part if, based on the facts and circumstances of the
particular case, to do otherwise would result in an award that is
unjust, arbitrary and oppressive, or confiscatory.
(f) For all provisions of this code except those for which a civil
penalty is specifically provided, there is established a civil
penalty for a violation of these provisions, as follows:
(1) If, at the time of the alleged violation, the person does not
employ one or more employees, the civil penalty is five hundred
dollars ($500).
(2) If, at the time of the alleged violation, the person employs
one or more employees, the civil penalty is one hundred dollars
($100) for each aggrieved employee per pay period for the initial
violation and two hundred dollars ($200) for each aggrieved employee
per pay period for each subsequent violation.
(3) If the alleged violation is a failure to act by the Labor and
Workplace Development Agency, or any of its departments, divisions,
commissions, boards, agencies, or employees, there shall be no civil
penalty.
(g) (1) Except as provided in paragraph (2), an aggrieved employee
may recover the civil penalty described in subdivision (f) in a
civil action pursuant to the procedures specified in Section 2699.3
filed on behalf of himself or herself and other current or former
employees against whom one or more of the alleged violations was
committed. Any employee who prevails in any action shall be entitled
to an award of reasonable attorney's fees and costs. Nothing in this
part shall operate to limit an employee's right to pursue or recover
other remedies available under state or federal law, either
separately or concurrently with an action taken under this part.
(2) No action shall be brought under this part for any violation
of a posting, notice, agency reporting, or filing requirement of this
code, except where the filing or reporting requirement involves
mandatory payroll or workplace injury reporting.
(h) No action may be brought under this section by an aggrieved
employee if the agency or any of its departments, divisions,
commissions, boards, agencies, or employees, on the same facts and
theories, cites a person within the timeframes set forth in Section
2699.3 for a violation of the same section or sections of this code
under which the aggrieved employee is attempting to recover a civil
penalty on behalf of himself or herself or others or initiates a
proceeding pursuant to Section 98.3.
(i) Except as provided in subdivision (j), civil penalties
recovered by aggrieved employees shall be distributed as follows: 75
percent to the Labor and Workforce Development Agency for enforcement
of labor laws and education of employers and employees about their
rights and responsibilities under this code, to be continuously
appropriated to supplement and not supplant the funding to the agency
for those purposes; and 25 percent to the aggrieved employees.
(j) Civil penalties recovered under paragraph (1) of subdivision
(f) shall be distributed to the Labor and Workforce Development
Agency for enforcement of labor laws and education of employers and
employees about their rights and responsibilities under this code, to
be continuously appropriated to supplement and not supplant the
funding to the agency for those purposes.
(k) Nothing contained in this part is intended to alter or
otherwise affect the exclusive remedy provided by the workers'
compensation provisions of this code for liability against an
employer for the compensation for any injury to or death of an
employee arising out of and in the course of employment.
( l ) The superior court shall review and
approve any penalties sought as part of a proposed settlement
agreement pursuant to this part.
(m) This section shall not apply to the recovery of administrative
and civil penalties in connection with the workers' compensation law
as contained in Division 1 (commencing with Section 50) and Division
4 (commencing with Section 3200), including, but not limited to,
Sections 129.5 and 132a.
(n) The agency or any of its departments, divisions, commissions,
boards, or agencies may promulgate regulations to implement the
provisions of this part.
