Bill Text: CA AB673 | 2019-2020 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Failure to pay wages: penalties.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Passed) 2019-10-10 - Chaptered by Secretary of State - Chapter 716, Statutes of 2019. [AB673 Detail]

Download: California-2019-AB673-Amended.html

---

Amended  IN  Assembly  May 16, 2019

Amended  IN  Assembly  April 29, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill

No. 673

---

Introduced by Assembly Member Carrillo
(Coauthors: Assembly Members Bonta and Reyes)

February 15, 2019

---

An act to amend Section 210 of the Labor Code, relating to employment.

LEGISLATIVE COUNSEL'S DIGEST

AB 673, as amended, 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 to bring an action to recover civil specified statutory penalties against the employer as part of a hearing held to recover unpaid wages in either a civil action or as part of the administrative action before the Labor Commissioner. This The bill would provide that in an action brought by the Labor Commissioner to recover unpaid wages, any penalties recovered would be paid to the affected employee. The bill would prohibit an employee from recovering statutory penalties under these provisions and a specified provision of the Labor Code Private Attorneys General Act of 2004 for the same violation.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

---

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, 204.11, 205, and 205.5, shall be subject to a statutory 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 or by the employee as part of a hearing held to recover unpaid wages and penalties pursuant to Section 98 or 1197.1 or in an independent civil action. Any penalty recovered by the Labor Commissioner pursuant to this section shall be paid to the affected employee.

(c) An employee is only entitled to recover the statutory penalty provided for in this section or a civil penalty as set forth in subdivision (f) of Section 2699, but not both penalties, for the same violation.