CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 673Introduced by Assembly Member Carrillo(Coauthor: Assembly Member Reyes)February 15, 2019 An act to amend Section 210 of the Labor Code, relating to employment. LEGISLATIVE COUNSEL'S DIGESTAB 673, as introduced, 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 requires the Labor Commissioner to recover that penalty. 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, as defined, to bring an action to recover civil penalties against the employer in an amount equal to the penalties provided by the Labor Commissioner described above. The bill would provide that the affected employee could bring this action as either a civil action or as part of the administrative action before the Labor Commissioner.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe 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, 205, 205.5, and 1197.5, shall be subject to a civil penalty as follows:(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 be recovered by the Labor Commissioner as part of a hearing held to recover unpaid wages and penalties pursuant to this chapter or in an independent civil action. The action shall be brought in the name of the people of the State of California and the Labor Commissioner and the attorneys thereof may proceed and act for and on behalf of the people in bringing these actions. Twelve and one-half percent of the penalty recovered as described in this paragraph shall be paid into a fund within the Labor and Workforce Development Agency dedicated to educating employers about state labor laws, and the remainder shall be paid into the State Treasury to the credit of the General Fund.(c) An affected employee may bring an action to recover civil penalties against the employer in an amount equal to the penalties provided under subdivision (a). The affected employee may bring this action as either a civil action or as part of an administrative action brought under Section 98. For purposes of this subdivision, affected employee means the employee who was the subject of the violation.
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 673Introduced by Assembly Member Carrillo(Coauthor: Assembly Member Reyes)February 15, 2019 An act to amend Section 210 of the Labor Code, relating to employment. LEGISLATIVE COUNSEL'S DIGESTAB 673, as introduced, 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 requires the Labor Commissioner to recover that penalty. 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, as defined, to bring an action to recover civil penalties against the employer in an amount equal to the penalties provided by the Labor Commissioner described above. The bill would provide that the affected employee could bring this action as either a civil action or as part of the administrative action before the Labor Commissioner.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
Assembly Bill No. 673
Introduced by Assembly Member Carrillo(Coauthor: Assembly Member Reyes)February 15, 2019
Introduced by Assembly Member Carrillo(Coauthor: Assembly Member Reyes)
February 15, 2019
An act to amend Section 210 of the Labor Code, relating to employment.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 673, as introduced, 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 requires the Labor Commissioner to recover that penalty. 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, as defined, to bring an action to recover civil penalties against the employer in an amount equal to the penalties provided by the Labor Commissioner described above. The bill would provide that the affected employee could bring this action as either a civil action or as part of the administrative action before the Labor Commissioner.
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 requires the Labor Commissioner to recover that penalty. 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, as defined, to bring an action to recover civil penalties against the employer in an amount equal to the penalties provided by the Labor Commissioner described above. The bill would provide that the affected employee could bring this action as either a civil action or as part of the administrative action before the Labor Commissioner.
## Digest Key
## Bill 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, 205, 205.5, and 1197.5, shall be subject to a civil penalty as follows:(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 be recovered by the Labor Commissioner as part of a hearing held to recover unpaid wages and penalties pursuant to this chapter or in an independent civil action. The action shall be brought in the name of the people of the State of California and the Labor Commissioner and the attorneys thereof may proceed and act for and on behalf of the people in bringing these actions. Twelve and one-half percent of the penalty recovered as described in this paragraph shall be paid into a fund within the Labor and Workforce Development Agency dedicated to educating employers about state labor laws, and the remainder shall be paid into the State Treasury to the credit of the General Fund.(c) An affected employee may bring an action to recover civil penalties against the employer in an amount equal to the penalties provided under subdivision (a). The affected employee may bring this action as either a civil action or as part of an administrative action brought under Section 98. For purposes of this subdivision, affected employee means the employee who was the subject of the violation.
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 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, 205, 205.5, and 1197.5, shall be subject to a civil penalty as follows:(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 be recovered by the Labor Commissioner as part of a hearing held to recover unpaid wages and penalties pursuant to this chapter or in an independent civil action. The action shall be brought in the name of the people of the State of California and the Labor Commissioner and the attorneys thereof may proceed and act for and on behalf of the people in bringing these actions. Twelve and one-half percent of the penalty recovered as described in this paragraph shall be paid into a fund within the Labor and Workforce Development Agency dedicated to educating employers about state labor laws, and the remainder shall be paid into the State Treasury to the credit of the General Fund.(c) An affected employee may bring an action to recover civil penalties against the employer in an amount equal to the penalties provided under subdivision (a). The affected employee may bring this action as either a civil action or as part of an administrative action brought under Section 98. For purposes of this subdivision, affected employee means the employee who was the subject of the violation.
SECTION 1. Section 210 of the Labor Code is amended to read:
### SECTION 1.
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, 205, 205.5, and 1197.5, shall be subject to a civil penalty as follows:(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 be recovered by the Labor Commissioner as part of a hearing held to recover unpaid wages and penalties pursuant to this chapter or in an independent civil action. The action shall be brought in the name of the people of the State of California and the Labor Commissioner and the attorneys thereof may proceed and act for and on behalf of the people in bringing these actions. Twelve and one-half percent of the penalty recovered as described in this paragraph shall be paid into a fund within the Labor and Workforce Development Agency dedicated to educating employers about state labor laws, and the remainder shall be paid into the State Treasury to the credit of the General Fund.(c) An affected employee may bring an action to recover civil penalties against the employer in an amount equal to the penalties provided under subdivision (a). The affected employee may bring this action as either a civil action or as part of an administrative action brought under Section 98. For purposes of this subdivision, affected employee means the employee who was the subject of the violation.
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, 205, 205.5, and 1197.5, shall be subject to a civil penalty as follows:(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 be recovered by the Labor Commissioner as part of a hearing held to recover unpaid wages and penalties pursuant to this chapter or in an independent civil action. The action shall be brought in the name of the people of the State of California and the Labor Commissioner and the attorneys thereof may proceed and act for and on behalf of the people in bringing these actions. Twelve and one-half percent of the penalty recovered as described in this paragraph shall be paid into a fund within the Labor and Workforce Development Agency dedicated to educating employers about state labor laws, and the remainder shall be paid into the State Treasury to the credit of the General Fund.(c) An affected employee may bring an action to recover civil penalties against the employer in an amount equal to the penalties provided under subdivision (a). The affected employee may bring this action as either a civil action or as part of an administrative action brought under Section 98. For purposes of this subdivision, affected employee means the employee who was the subject of the violation.
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, 205, 205.5, and 1197.5, shall be subject to a civil penalty as follows:(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 be recovered by the Labor Commissioner as part of a hearing held to recover unpaid wages and penalties pursuant to this chapter or in an independent civil action. The action shall be brought in the name of the people of the State of California and the Labor Commissioner and the attorneys thereof may proceed and act for and on behalf of the people in bringing these actions. Twelve and one-half percent of the penalty recovered as described in this paragraph shall be paid into a fund within the Labor and Workforce Development Agency dedicated to educating employers about state labor laws, and the remainder shall be paid into the State Treasury to the credit of the General Fund.(c) An affected employee may bring an action to recover civil penalties against the employer in an amount equal to the penalties provided under subdivision (a). The affected employee may bring this action as either a civil action or as part of an administrative action brought under Section 98. For purposes of this subdivision, affected employee means the employee who was the subject of the violation.
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, 205, 205.5, and 1197.5, shall be subject to a civil penalty as follows:
(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 be recovered by the Labor Commissioner as part of a hearing held to recover unpaid wages and penalties pursuant to this chapter or in an independent civil action. The action shall be brought in the name of the people of the State of California and the Labor Commissioner and the attorneys thereof may proceed and act for and on behalf of the people in bringing these actions. Twelve and one-half percent of the penalty recovered as described in this paragraph shall be paid into a fund within the Labor and Workforce Development Agency dedicated to educating employers about state labor laws, and the remainder shall be paid into the State Treasury to the credit of the General Fund.
(c) An affected employee may bring an action to recover civil penalties against the employer in an amount equal to the penalties provided under subdivision (a). The affected employee may bring this action as either a civil action or as part of an administrative action brought under Section 98. For purposes of this subdivision, affected employee means the employee who was the subject of the violation.