Bill Text: CA AB594 | 2023-2024 | Regular Session | Amended
Bill Title: Labor Code: alternative enforcement.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2023-10-10 - Chaptered by Secretary of State - Chapter 659, Statutes of 2023. [AB594 Detail]
Download: California-2023-AB594-Amended.html
Amended
IN
Assembly
May 18, 2023 |
Amended
IN
Assembly
April 13, 2023 |
Amended
IN
Assembly
March 16, 2023 |
Introduced by Assembly Member Maienschein (Coauthor: Assembly Member Kalra) |
February 09, 2023 |
LEGISLATIVE COUNSEL'S DIGEST
This bill, in addition to those civil penalties for misclassification, would authorize the Labor Commissioner to issue a
determination that a person or employer has violated a prohibition for recovery pursuant to specified recovery provisions as a civil penalty, through the issuance of a citation. The bill would prescribe the procedures for issuing, contesting, and enforcing judgments for citations issued under the bill. The bill would entitle an employee, for the same violation, to either recovery under the bill or by enforcement of a civil penalty pursuant to PAGA. The bill would authorize the Labor Commissioner to enforce these provisions by informal hearing or in a civil suit.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:SEC. 2.
Chapter 8 (commencing with Section 180) is added to Division 1 of the Labor Code, to read:CHAPTER 8. Alternative Enforcement
180.
As used in this chapter, “public prosecutor” means a district attorney, a city attorney, a county counsel, or any other city or county prosecutor.181.
(a) A public prosecutor may prosecute an action, either civil or criminal, for a violation of this division, Division 2 (commencing with Section 200), or Division 3 (commencing with Section 2700) of this code or to enforce those provisions of this code independently and without specific direction of the Division of Labor Standards182.
In any action initiated by a publicSEC. 3.
Section 218 of the Labor Code is amended to read:218.
Nothing in this article shall limit the right of any wage claimant to sue directly or through an assignee for any wages or penalty due them under this article.(a)In addition to the process set forth in Section 226.8, the Labor Commissioner may issue a determination that a person or employer has violated subdivision (a) of Section 226.8 for recovery pursuant to Section 98.3 as a civil penalty through the issuance of a citation. The procedures for issuing, contesting, and enforcing judgments for citations issued by the Labor Commissioner under this section shall be the same as those set forth in subdivisions (b) to
(j), inclusive, of Section 1197.1.
(b)An employee is entitled to only one of the following for the same violation:
(1)The statutory penalty provided for in this section.
(2)To enforce a civil penalty pursuant to Part 13 (commencing with Section 2698).
(c)The Labor Commissioner may enforce this section pursuant to Section 98 or in a civil suit.