CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1701Introduced by Committee on Labor and Employment (Assembly Members Thurmond (Chair), Gomez, Kalra, McCarty, and Reyes)February 28, 2017 An act to amend Section 212 of the Labor Code, relating to employment. LEGISLATIVE COUNSEL'S DIGESTAB 1701, as introduced, Committee on Labor and Employment. Employment: payment of wages.Existing law prohibits a person or his or her agent or officer from issuing in payment of wages due (1) an acknowledgment of indebtedness unless it is negotiable and payable in cash at an established place of business in the state with a specified name and address and at the time of issuance and for at least 30 days thereafter or (2) a thing redeemable in merchandise or otherwise than in money.This bill would make nonsubstantive changes to those provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe 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 A person, or agent or officer thereof, shall not issue in payment of wages due, or to become due, or as an advance on wages to be earned:(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 shall appear on the instrument, and at the time of its issuance and for a reasonable time thereafter, which must shall 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 A scrip, coupon, cards card, or other thing redeemable, in merchandise or purporting to be payable or redeemable otherwise than in money.(b) Where 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 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 banks 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 a place of business of the drawee chosen by the person entitled to enforce the instrument. CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1701Introduced by Committee on Labor and Employment (Assembly Members Thurmond (Chair), Gomez, Kalra, McCarty, and Reyes)February 28, 2017 An act to amend Section 212 of the Labor Code, relating to employment. LEGISLATIVE COUNSEL'S DIGESTAB 1701, as introduced, Committee on Labor and Employment. Employment: payment of wages.Existing law prohibits a person or his or her agent or officer from issuing in payment of wages due (1) an acknowledgment of indebtedness unless it is negotiable and payable in cash at an established place of business in the state with a specified name and address and at the time of issuance and for at least 30 days thereafter or (2) a thing redeemable in merchandise or otherwise than in money.This bill would make nonsubstantive changes to those provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1701 Introduced by Committee on Labor and Employment (Assembly Members Thurmond (Chair), Gomez, Kalra, McCarty, and Reyes)February 28, 2017 Introduced by Committee on Labor and Employment (Assembly Members Thurmond (Chair), Gomez, Kalra, McCarty, and Reyes) February 28, 2017 An act to amend Section 212 of the Labor Code, relating to employment. LEGISLATIVE COUNSEL'S DIGEST ## LEGISLATIVE COUNSEL'S DIGEST AB 1701, as introduced, Committee on Labor and Employment. Employment: payment of wages. Existing law prohibits a person or his or her agent or officer from issuing in payment of wages due (1) an acknowledgment of indebtedness unless it is negotiable and payable in cash at an established place of business in the state with a specified name and address and at the time of issuance and for at least 30 days thereafter or (2) a thing redeemable in merchandise or otherwise than in money.This bill would make nonsubstantive changes to those provisions. Existing law prohibits a person or his or her agent or officer from issuing in payment of wages due (1) an acknowledgment of indebtedness unless it is negotiable and payable in cash at an established place of business in the state with a specified name and address and at the time of issuance and for at least 30 days thereafter or (2) a thing redeemable in merchandise or otherwise than in money. This bill would make nonsubstantive changes to those provisions. ## Digest Key ## Bill Text 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 A person, or agent or officer thereof, shall not issue in payment of wages due, or to become due, or as an advance on wages to be earned:(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 shall appear on the instrument, and at the time of its issuance and for a reasonable time thereafter, which must shall 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 A scrip, coupon, cards card, or other thing redeemable, in merchandise or purporting to be payable or redeemable otherwise than in money.(b) Where 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 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 banks 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 a place of business of the drawee chosen by the person entitled to enforce the instrument. The people of the State of California do enact as follows: ## 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 A person, or agent or officer thereof, shall not issue in payment of wages due, or to become due, or as an advance on wages to be earned:(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 shall appear on the instrument, and at the time of its issuance and for a reasonable time thereafter, which must shall 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 A scrip, coupon, cards card, or other thing redeemable, in merchandise or purporting to be payable or redeemable otherwise than in money.(b) Where 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 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 banks 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 a place of business of the drawee chosen by the person entitled to enforce the instrument. SECTION 1. Section 212 of the Labor Code is amended to read: ### SECTION 1. 212. (a) No A person, or agent or officer thereof, shall not issue in payment of wages due, or to become due, or as an advance on wages to be earned:(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 shall appear on the instrument, and at the time of its issuance and for a reasonable time thereafter, which must shall 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 A scrip, coupon, cards card, or other thing redeemable, in merchandise or purporting to be payable or redeemable otherwise than in money.(b) Where 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 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 banks 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 a place of business of the drawee chosen by the person entitled to enforce the instrument. 212. (a) No A person, or agent or officer thereof, shall not issue in payment of wages due, or to become due, or as an advance on wages to be earned:(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 shall appear on the instrument, and at the time of its issuance and for a reasonable time thereafter, which must shall 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 A scrip, coupon, cards card, or other thing redeemable, in merchandise or purporting to be payable or redeemable otherwise than in money.(b) Where 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 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 banks 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 a place of business of the drawee chosen by the person entitled to enforce the instrument. 212. (a) No A person, or agent or officer thereof, shall not issue in payment of wages due, or to become due, or as an advance on wages to be earned:(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 shall appear on the instrument, and at the time of its issuance and for a reasonable time thereafter, which must shall 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 A scrip, coupon, cards card, or other thing redeemable, in merchandise or purporting to be payable or redeemable otherwise than in money.(b) Where 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 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 banks 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 a place of business of the drawee chosen by the person entitled to enforce the instrument. 212. (a) No A person, or agent or officer thereof, shall not issue in payment of wages due, or to become due, or as an advance on wages to be earned: (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 shall appear on the instrument, and at the time of its issuance and for a reasonable time thereafter, which must shall 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 A scrip, coupon, cards card, or other thing redeemable, in merchandise or purporting to be payable or redeemable otherwise than in money. (b) Where 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 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 banks 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 a place of business of the drawee chosen by the person entitled to enforce the instrument.