Bill Text: CA SB671 | 2019-2020 | Regular Session | Amended
Bill Title: Employment: payment of wages: print shoot employees.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2019-09-05 - Chaptered by Secretary of State. Chapter 253, Statutes of 2019. [SB671 Detail]
Download: California-2019-SB671-Amended.html
Amended
IN
Senate
March 27, 2019 |
Senate Bill | No. 671 |
Introduced by Senator Hertzberg |
February 22, 2019 |
LEGISLATIVE COUNSEL'S DIGEST
Existing law creates the Division of Labor Standards Enforcement within the Department of Industrial Relations. The Division of Labor Standards Enforcement is headed by the Labor Commissioner, to whom various powers are granted, including the authority to enter into reciprocal agreements with the labor departments of other states for the purpose of collecting specified claims or judgments.
This bill would make nonsubstantive changes to the reciprocal agreement provision.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 201.6 is added to the Labor Code, to read:201.6.
(a) As used in this section:SEC. 2.
Section 203 of the Labor Code is amended to read:203.
(a) If an employer willfully fails to pay, without abatement or reduction, in accordance with Sections 201, 201.3, 201.5, 201.6, 201.9, 202, and 205.5, any wages of an employee who is discharged or who quits, the wages of the employee shall continue as a penalty from the due date thereof at the same rate until paid or until an action therefor is commenced; but the wages shall not continue for more than 30 days. An employee who secretes or absentsSEC. 3.
Section 203.1 of the Labor Code is amended to read:203.1.
If an employer pays an employee in the regular course of employment or in accordance with Section 201, 201.3, 201.5, 201.6, 201.7, or 202 any wages or fringe benefits, or both, by check, draft or voucher, which check, draft or voucher is subsequently refused payment because the employer or maker has no account with the bank, institution, or person on which the instrument is drawn, or has insufficient funds in the account upon which the instrument is drawn at the time of its presentation, so long as the same is presented within 30 days of receipt by the employee of the check, draft or voucher, those wages or fringe benefits, or both, shall continue as a penalty from the due date thereof at the same rate until paid or until an action therefor is commenced. However, those wages and fringe benefits shall not continue for more than 30 days and this penalty shall not apply if the employer can establish to the satisfaction of the Labor Commissioner or an appropriate court of law that the violation of this section was unintentional. This penalty also shall not apply in any case in which an employee recovers the service charge authorized by Section 1719 of the Civil Code in an action brought by the employee thereunder.SEC. 4.
Section 220 of the Labor Code is amended to read:220.
(a) Sections 201.3, 201.5, 201.6, 201.7, 203.1, 203.5, 204, 204a, 204b, 204c, 204.1, 205, and 205.5 do not apply to the payment of wages of employees directly employed by the State of California. Except as provided in subdivision (b), all other employment is subject to these provisions.SEC. 5.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.The Labor Commissioner may enter into reciprocal agreements with the labor department or corresponding agency of any other state, or with the person, board, officer, or commission authorized to act for, and on behalf of, that department
or agency, for the collection in that other state of claims or judgments for wages and other demands based upon claims previously assigned to the Division of Labor Standards Enforcement.