| 1 | 1 | | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 1331Introduced by Senator BradfordFebruary 21, 2020 An act to amend Section 558 of the Labor Code, relating to employment. LEGISLATIVE COUNSEL'S DIGESTSB 1331, as introduced, Bradford. Local government: overtime enforcement. Existing law authorizes the Labor Commissioner, who is the Chief of the Division of Labor Standards Enforcement within Department of Industrial Relations, to issue a citation upon determining that a person had paid or caused to be paid a wage for overtime work in violation of those provisions relating to working hours, any provision regulating hours and days of work in any order of the Industrial Welfare Commission, or any applicable local overtime law. Existing law authorizes the commissioner, in a jurisdiction where a local entity has the legal authority to issue a citation against an employer for a violation of any applicable local overtime law, on request from the local entity, to issue a citation against an employer for a violation of any applicable local overtime law if the local entity has not cited the employer for the same violation. Existing law prohibits a local entity from issuing a citation to the employer if the commissioner has already issued a citation to that employer for the same violation. Existing law provides specified civil penalties for violations of these provisions.This bill would increase the amount of those civil penalties for violations of these provisions.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 558 of the Labor Code is amended to read:558. (a) Any employer or other person acting on behalf of an employer who violates, or causes to be violated, a section of this chapter or any provision regulating hours and days of work in any order of the Industrial Welfare Commission shall be subject to a civil penalty as follows:(1) For any initial violation, fifty dollars ($50) one hundred twenty-five dollars ($125) for each underpaid employee for each pay period for which the employee was underpaid in addition to an amount sufficient to recover underpaid wages.(2) For each subsequent violation, one hundred dollars ($100) two hundred fifty dollars ($250) for each underpaid employee for each pay period for which the employee was underpaid in addition to an amount sufficient to recover underpaid wages.(3) Wages recovered pursuant to this section shall be paid to the affected employee.(b) If upon inspection or investigation the Labor Commissioner determines that a person had paid or caused to be paid a wage for overtime work in violation of any provision of this chapter, any provision regulating hours and days of work in any order of the Industrial Welfare Commission, or any applicable local overtime law, the Labor Commissioner may issue a citation. The procedures for issuing, contesting, and enforcing judgments for citations or civil penalties issued by the Labor Commissioner for a violation of this chapter shall be the same as those set out in Section 1197.1.(c) In a jurisdiction where a local entity has the legal authority to issue a citation against an employer for a violation of any applicable local overtime law, the Labor Commissioner, pursuant to a request from the local entity, may issue a citation against an employer for a violation of any applicable local overtime law if the local entity has not cited the employer for the same violation. If the Labor Commissioner issues a citation, the local entity shall not cite the employer for the same violation.(d) The civil penalties provided for in this section are in addition to any other civil or criminal penalty provided by law.(e) This section does not change the applicability of local overtime wage laws to any entity. |
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| 3 | 3 | | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 1331Introduced by Senator BradfordFebruary 21, 2020 An act to amend Section 558 of the Labor Code, relating to employment. LEGISLATIVE COUNSEL'S DIGESTSB 1331, as introduced, Bradford. Local government: overtime enforcement. Existing law authorizes the Labor Commissioner, who is the Chief of the Division of Labor Standards Enforcement within Department of Industrial Relations, to issue a citation upon determining that a person had paid or caused to be paid a wage for overtime work in violation of those provisions relating to working hours, any provision regulating hours and days of work in any order of the Industrial Welfare Commission, or any applicable local overtime law. Existing law authorizes the commissioner, in a jurisdiction where a local entity has the legal authority to issue a citation against an employer for a violation of any applicable local overtime law, on request from the local entity, to issue a citation against an employer for a violation of any applicable local overtime law if the local entity has not cited the employer for the same violation. Existing law prohibits a local entity from issuing a citation to the employer if the commissioner has already issued a citation to that employer for the same violation. Existing law provides specified civil penalties for violations of these provisions.This bill would increase the amount of those civil penalties for violations of these provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO |
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| 9 | 9 | | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION |
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| 11 | 11 | | Senate Bill |
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| 13 | 13 | | No. 1331 |
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| 15 | 15 | | Introduced by Senator BradfordFebruary 21, 2020 |
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| 17 | 17 | | Introduced by Senator Bradford |
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| 18 | 18 | | February 21, 2020 |
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| 20 | 20 | | An act to amend Section 558 of the Labor Code, relating to employment. |
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| 21 | 21 | | |
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| 22 | 22 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 24 | 24 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 25 | 25 | | |
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| 26 | 26 | | SB 1331, as introduced, Bradford. Local government: overtime enforcement. |
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| 27 | 27 | | |
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| 28 | 28 | | Existing law authorizes the Labor Commissioner, who is the Chief of the Division of Labor Standards Enforcement within Department of Industrial Relations, to issue a citation upon determining that a person had paid or caused to be paid a wage for overtime work in violation of those provisions relating to working hours, any provision regulating hours and days of work in any order of the Industrial Welfare Commission, or any applicable local overtime law. Existing law authorizes the commissioner, in a jurisdiction where a local entity has the legal authority to issue a citation against an employer for a violation of any applicable local overtime law, on request from the local entity, to issue a citation against an employer for a violation of any applicable local overtime law if the local entity has not cited the employer for the same violation. Existing law prohibits a local entity from issuing a citation to the employer if the commissioner has already issued a citation to that employer for the same violation. Existing law provides specified civil penalties for violations of these provisions.This bill would increase the amount of those civil penalties for violations of these provisions. |
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| 30 | 30 | | Existing law authorizes the Labor Commissioner, who is the Chief of the Division of Labor Standards Enforcement within Department of Industrial Relations, to issue a citation upon determining that a person had paid or caused to be paid a wage for overtime work in violation of those provisions relating to working hours, any provision regulating hours and days of work in any order of the Industrial Welfare Commission, or any applicable local overtime law. Existing law authorizes the commissioner, in a jurisdiction where a local entity has the legal authority to issue a citation against an employer for a violation of any applicable local overtime law, on request from the local entity, to issue a citation against an employer for a violation of any applicable local overtime law if the local entity has not cited the employer for the same violation. Existing law prohibits a local entity from issuing a citation to the employer if the commissioner has already issued a citation to that employer for the same violation. Existing law provides specified civil penalties for violations of these provisions. |
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| 32 | 32 | | This bill would increase the amount of those civil penalties for violations of these provisions. |
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| 33 | 33 | | |
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| 34 | 34 | | ## Digest Key |
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| 36 | 36 | | ## Bill Text |
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| 38 | 38 | | The people of the State of California do enact as follows:SECTION 1. Section 558 of the Labor Code is amended to read:558. (a) Any employer or other person acting on behalf of an employer who violates, or causes to be violated, a section of this chapter or any provision regulating hours and days of work in any order of the Industrial Welfare Commission shall be subject to a civil penalty as follows:(1) For any initial violation, fifty dollars ($50) one hundred twenty-five dollars ($125) for each underpaid employee for each pay period for which the employee was underpaid in addition to an amount sufficient to recover underpaid wages.(2) For each subsequent violation, one hundred dollars ($100) two hundred fifty dollars ($250) for each underpaid employee for each pay period for which the employee was underpaid in addition to an amount sufficient to recover underpaid wages.(3) Wages recovered pursuant to this section shall be paid to the affected employee.(b) If upon inspection or investigation the Labor Commissioner determines that a person had paid or caused to be paid a wage for overtime work in violation of any provision of this chapter, any provision regulating hours and days of work in any order of the Industrial Welfare Commission, or any applicable local overtime law, the Labor Commissioner may issue a citation. The procedures for issuing, contesting, and enforcing judgments for citations or civil penalties issued by the Labor Commissioner for a violation of this chapter shall be the same as those set out in Section 1197.1.(c) In a jurisdiction where a local entity has the legal authority to issue a citation against an employer for a violation of any applicable local overtime law, the Labor Commissioner, pursuant to a request from the local entity, may issue a citation against an employer for a violation of any applicable local overtime law if the local entity has not cited the employer for the same violation. If the Labor Commissioner issues a citation, the local entity shall not cite the employer for the same violation.(d) The civil penalties provided for in this section are in addition to any other civil or criminal penalty provided by law.(e) This section does not change the applicability of local overtime wage laws to any entity. |
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| 40 | 40 | | The people of the State of California do enact as follows: |
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| 42 | 42 | | ## The people of the State of California do enact as follows: |
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| 44 | 44 | | SECTION 1. Section 558 of the Labor Code is amended to read:558. (a) Any employer or other person acting on behalf of an employer who violates, or causes to be violated, a section of this chapter or any provision regulating hours and days of work in any order of the Industrial Welfare Commission shall be subject to a civil penalty as follows:(1) For any initial violation, fifty dollars ($50) one hundred twenty-five dollars ($125) for each underpaid employee for each pay period for which the employee was underpaid in addition to an amount sufficient to recover underpaid wages.(2) For each subsequent violation, one hundred dollars ($100) two hundred fifty dollars ($250) for each underpaid employee for each pay period for which the employee was underpaid in addition to an amount sufficient to recover underpaid wages.(3) Wages recovered pursuant to this section shall be paid to the affected employee.(b) If upon inspection or investigation the Labor Commissioner determines that a person had paid or caused to be paid a wage for overtime work in violation of any provision of this chapter, any provision regulating hours and days of work in any order of the Industrial Welfare Commission, or any applicable local overtime law, the Labor Commissioner may issue a citation. The procedures for issuing, contesting, and enforcing judgments for citations or civil penalties issued by the Labor Commissioner for a violation of this chapter shall be the same as those set out in Section 1197.1.(c) In a jurisdiction where a local entity has the legal authority to issue a citation against an employer for a violation of any applicable local overtime law, the Labor Commissioner, pursuant to a request from the local entity, may issue a citation against an employer for a violation of any applicable local overtime law if the local entity has not cited the employer for the same violation. If the Labor Commissioner issues a citation, the local entity shall not cite the employer for the same violation.(d) The civil penalties provided for in this section are in addition to any other civil or criminal penalty provided by law.(e) This section does not change the applicability of local overtime wage laws to any entity. |
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| 46 | 46 | | SECTION 1. Section 558 of the Labor Code is amended to read: |
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| 48 | 48 | | ### SECTION 1. |
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| 50 | 50 | | 558. (a) Any employer or other person acting on behalf of an employer who violates, or causes to be violated, a section of this chapter or any provision regulating hours and days of work in any order of the Industrial Welfare Commission shall be subject to a civil penalty as follows:(1) For any initial violation, fifty dollars ($50) one hundred twenty-five dollars ($125) for each underpaid employee for each pay period for which the employee was underpaid in addition to an amount sufficient to recover underpaid wages.(2) For each subsequent violation, one hundred dollars ($100) two hundred fifty dollars ($250) for each underpaid employee for each pay period for which the employee was underpaid in addition to an amount sufficient to recover underpaid wages.(3) Wages recovered pursuant to this section shall be paid to the affected employee.(b) If upon inspection or investigation the Labor Commissioner determines that a person had paid or caused to be paid a wage for overtime work in violation of any provision of this chapter, any provision regulating hours and days of work in any order of the Industrial Welfare Commission, or any applicable local overtime law, the Labor Commissioner may issue a citation. The procedures for issuing, contesting, and enforcing judgments for citations or civil penalties issued by the Labor Commissioner for a violation of this chapter shall be the same as those set out in Section 1197.1.(c) In a jurisdiction where a local entity has the legal authority to issue a citation against an employer for a violation of any applicable local overtime law, the Labor Commissioner, pursuant to a request from the local entity, may issue a citation against an employer for a violation of any applicable local overtime law if the local entity has not cited the employer for the same violation. If the Labor Commissioner issues a citation, the local entity shall not cite the employer for the same violation.(d) The civil penalties provided for in this section are in addition to any other civil or criminal penalty provided by law.(e) This section does not change the applicability of local overtime wage laws to any entity. |
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| 52 | 52 | | 558. (a) Any employer or other person acting on behalf of an employer who violates, or causes to be violated, a section of this chapter or any provision regulating hours and days of work in any order of the Industrial Welfare Commission shall be subject to a civil penalty as follows:(1) For any initial violation, fifty dollars ($50) one hundred twenty-five dollars ($125) for each underpaid employee for each pay period for which the employee was underpaid in addition to an amount sufficient to recover underpaid wages.(2) For each subsequent violation, one hundred dollars ($100) two hundred fifty dollars ($250) for each underpaid employee for each pay period for which the employee was underpaid in addition to an amount sufficient to recover underpaid wages.(3) Wages recovered pursuant to this section shall be paid to the affected employee.(b) If upon inspection or investigation the Labor Commissioner determines that a person had paid or caused to be paid a wage for overtime work in violation of any provision of this chapter, any provision regulating hours and days of work in any order of the Industrial Welfare Commission, or any applicable local overtime law, the Labor Commissioner may issue a citation. The procedures for issuing, contesting, and enforcing judgments for citations or civil penalties issued by the Labor Commissioner for a violation of this chapter shall be the same as those set out in Section 1197.1.(c) In a jurisdiction where a local entity has the legal authority to issue a citation against an employer for a violation of any applicable local overtime law, the Labor Commissioner, pursuant to a request from the local entity, may issue a citation against an employer for a violation of any applicable local overtime law if the local entity has not cited the employer for the same violation. If the Labor Commissioner issues a citation, the local entity shall not cite the employer for the same violation.(d) The civil penalties provided for in this section are in addition to any other civil or criminal penalty provided by law.(e) This section does not change the applicability of local overtime wage laws to any entity. |
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| 54 | 54 | | 558. (a) Any employer or other person acting on behalf of an employer who violates, or causes to be violated, a section of this chapter or any provision regulating hours and days of work in any order of the Industrial Welfare Commission shall be subject to a civil penalty as follows:(1) For any initial violation, fifty dollars ($50) one hundred twenty-five dollars ($125) for each underpaid employee for each pay period for which the employee was underpaid in addition to an amount sufficient to recover underpaid wages.(2) For each subsequent violation, one hundred dollars ($100) two hundred fifty dollars ($250) for each underpaid employee for each pay period for which the employee was underpaid in addition to an amount sufficient to recover underpaid wages.(3) Wages recovered pursuant to this section shall be paid to the affected employee.(b) If upon inspection or investigation the Labor Commissioner determines that a person had paid or caused to be paid a wage for overtime work in violation of any provision of this chapter, any provision regulating hours and days of work in any order of the Industrial Welfare Commission, or any applicable local overtime law, the Labor Commissioner may issue a citation. The procedures for issuing, contesting, and enforcing judgments for citations or civil penalties issued by the Labor Commissioner for a violation of this chapter shall be the same as those set out in Section 1197.1.(c) In a jurisdiction where a local entity has the legal authority to issue a citation against an employer for a violation of any applicable local overtime law, the Labor Commissioner, pursuant to a request from the local entity, may issue a citation against an employer for a violation of any applicable local overtime law if the local entity has not cited the employer for the same violation. If the Labor Commissioner issues a citation, the local entity shall not cite the employer for the same violation.(d) The civil penalties provided for in this section are in addition to any other civil or criminal penalty provided by law.(e) This section does not change the applicability of local overtime wage laws to any entity. |
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| 58 | 58 | | 558. (a) Any employer or other person acting on behalf of an employer who violates, or causes to be violated, a section of this chapter or any provision regulating hours and days of work in any order of the Industrial Welfare Commission shall be subject to a civil penalty as follows: |
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| 60 | 60 | | (1) For any initial violation, fifty dollars ($50) one hundred twenty-five dollars ($125) for each underpaid employee for each pay period for which the employee was underpaid in addition to an amount sufficient to recover underpaid wages. |
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| 62 | 62 | | (2) For each subsequent violation, one hundred dollars ($100) two hundred fifty dollars ($250) for each underpaid employee for each pay period for which the employee was underpaid in addition to an amount sufficient to recover underpaid wages. |
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| 64 | 64 | | (3) Wages recovered pursuant to this section shall be paid to the affected employee. |
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| 66 | 66 | | (b) If upon inspection or investigation the Labor Commissioner determines that a person had paid or caused to be paid a wage for overtime work in violation of any provision of this chapter, any provision regulating hours and days of work in any order of the Industrial Welfare Commission, or any applicable local overtime law, the Labor Commissioner may issue a citation. The procedures for issuing, contesting, and enforcing judgments for citations or civil penalties issued by the Labor Commissioner for a violation of this chapter shall be the same as those set out in Section 1197.1. |
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| 68 | 68 | | (c) In a jurisdiction where a local entity has the legal authority to issue a citation against an employer for a violation of any applicable local overtime law, the Labor Commissioner, pursuant to a request from the local entity, may issue a citation against an employer for a violation of any applicable local overtime law if the local entity has not cited the employer for the same violation. If the Labor Commissioner issues a citation, the local entity shall not cite the employer for the same violation. |
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| 70 | 70 | | (d) The civil penalties provided for in this section are in addition to any other civil or criminal penalty provided by law. |
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| 72 | 72 | | (e) This section does not change the applicability of local overtime wage laws to any entity. |
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