Bill Text: CA AB673 | 2019-2020 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Failure to pay wages: penalties.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Passed) 2019-10-10 - Chaptered by Secretary of State - Chapter 716, Statutes of 2019. [AB673 Detail]
Download: California-2019-AB673-Amended.html
statutory penalty as follows:
Bill Title: Failure to pay wages: penalties.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Passed) 2019-10-10 - Chaptered by Secretary of State - Chapter 716, Statutes of 2019. [AB673 Detail]
Download: California-2019-AB673-Amended.html
Amended
IN
Assembly
May 24, 2019 |
Amended
IN
Assembly
May 16, 2019 |
Amended
IN
Assembly
April 29, 2019 |
CALIFORNIA LEGISLATURE—
2019–2020 REGULAR SESSION
Assembly Bill | No. 673 |
Introduced by Assembly Member Carrillo (Coauthors: Assembly Members Bonta and Reyes) |
February 15, 2019 |
An act to amend Section 210 of the Labor Code, relating to employment.
LEGISLATIVE COUNSEL'S DIGEST
AB 673, as amended, Carrillo.
Failure to pay wages: penalties.
Existing law provides for a civil penalty, in addition to, and entirely independent and apart from other penalties, on every person who fails to pay the wages of each employee, as specified, and specified, including a provision prohibiting wage differential on the basis of sex, as specified. Existing law requires the Labor Commissioner to recover that penalty. penalty as part of a hearing held to recover unpaid wages and penalties or in an independent civil action. Existing law requires that a specified
percentage of the penalty recovered under that provision be paid into a fund within the Labor and Workforce Development Agency dedicated to educating employers about state labor laws and that the remainder be paid into the State Treasury to the credit of the General Fund.
This bill would also authorize the affected employee to bring an action to recover specified statutory penalties against the employer as part of a hearing held to recover unpaid wages in either a civil action or as part of the administrative action before the Labor
Commissioner. wages. The bill would remove the authority for the Labor Commissioner to recover civil penalties in an independent civil action. The bill would also modify the list of statutes that a statutory penalty may be recovered for violation of by deleting the provision prohibiting wage differentials on the basis of sex and by adding a provision relating to wages paid to an employee who is licensed under the Barbering and Cosmetology Act. The bill would provide that in an action brought by the Labor Commissioner to recover unpaid wages, any civil penalties recovered would be paid to the affected employee. The bill would prohibit
authorize an employee from recovering to either recover statutory penalties under these provisions and
or to enforce civil penalties under
a specified provision of the Labor Code Private Attorneys General Act of 2004 2004, but not both, for the same violation.
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.
Section 210 of the Labor Code is amended to read:210.
(a) In addition to, and entirely independent and apart from, any other penalty provided in this article, every person who fails to pay the wages of each employee as provided in Sections 201.3, 204, 204b, 204.1, 204.2, 204.11, 205, and 205.5, shall be subject to a(1) For any initial violation, one hundred dollars ($100) for each failure to pay each employee.
(2) For each subsequent violation, or any willful or intentional violation, two hundred dollars ($200) for each failure to pay each employee,
plus 25 percent of the amount unlawfully withheld.
(b) The penalty shall either be recovered by the Labor Commissioner as a civil penalty or by the employee as a statutory penalty as part of a hearing held to recover unpaid wages and penalties pursuant to Section 98 or 1197.1 or in an independent civil action. 1197.1. Any
civil penalty recovered by the Labor Commissioner pursuant to this section shall be paid to the affected employee.
(c) An employee is only entitled to either recover the statutory penalty provided for in this section or
to enforce a civil penalty as set forth in subdivision (f) (a) of Section 2699, but not both penalties, both, for the same violation.