California 2009 2009-2010 Regular Session

California Assembly Bill AB514 Introduced / Bill

Filed 02/24/2009

 BILL NUMBER: AB 514INTRODUCED BILL TEXT INTRODUCED BY Assembly Member De Leon FEBRUARY 24, 2009 An act to amend Section 212 of the Labor Code, relating to employment. LEGISLATIVE COUNSEL'S DIGEST AB 514, as introduced, De Leon. Employment: wages. Existing law prohibits the use of specified instruments for the payment of wages. This bill would make nonsubstantive changes to that provision. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 212 of the Labor Code is amended to read: 212. (a) No person, or agent or officer thereof, shall issue in payment of wages due, or to become due, or as an advance on wages to be earned  any of the following  : (1)  Any   An  order, check, draft, note, memorandum, or other acknowledgment of indebtedness, unless it is negotiable and payable in cash, on demand, without discount, at some established place of business in the state, the name and address of which must appear on the instrument, and at the time of its issuance and for a reasonable time thereafter, which must be at least 30 days, the maker or drawer has sufficient funds in, or credit, arrangement, or understanding with  ,  the drawee for its payment. (2) Any scrip, coupon, cards, or other thing redeemable, in merchandise or purporting to be payable or redeemable otherwise than in money. (b)  Where   If  an instrument mentioned in subdivision (a) is protested or dishonored, the notice or memorandum of protest or dishonor is admissible as proof of presentation, nonpayment  ,  and protest and is presumptive evidence of knowledge of insufficiency of funds or credit with the drawee. (c) Notwithstanding paragraph (1) of subdivision (a), if the drawee is a bank, the bank's address need not appear on the instrument and, in that case, the instrument shall be negotiable and payable in cash, on demand, without discount, at any place of business of the drawee chosen by the person entitled to enforce the instrument.