Bill Text: CA AB841 | 2009-2010 | Regular Session | Amended
Bill Title: Wages: employee complaints.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-02-02 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB841 Detail]
Download: California-2009-AB841-Amended.html
BILL NUMBER: AB 841 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JANUARY 4, 2010
AMENDED IN ASSEMBLY APRIL 13, 2009
INTRODUCED BY Assembly Member Fuentes
FEBRUARY 26, 2009
An act to add Section 50199.25 to the Health and Safety
Code, relating to taxation. An act to amend Section 98
of the Labor Code, relating to employment.
LEGISLATIVE COUNSEL'S DIGEST
AB 841, as amended, Fuentes. Low-income housing tax
credits: City of Los Angeles Wages: employee
complaints .
Existing law authorizes the Labor Commissioner to investigate
employee complaints and to provide a hearing in any action to recover
wages, penalties, and other demands for compensation.
This bill would provide that, if the Labor Commissioner finds that
a payroll record submitted in support of or opposition to a
complaint was intentionally falsified, the person who submitted the
payroll record shall be subject to a civil penalty.
Existing law requires the California Tax Credit Allocation
Committee to allocate specified insurance, income, and corporation
tax credits for purposes of low-income housing projects.
This bill would require the committee to allocate a portion of the
credits to the City of Los Angeles, as provided.
This bill would state the findings and declarations of the
Legislature concerning the need for special legislation.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 98 of the Labor Code
is amended to read:
98. (a) The Labor Commissioner shall have the authority
is authorized to investigate employee
complaints. The Labor Commissioner may provide for a hearing in any
action to recover wages, penalties, and other demands for
compensation properly before the division or the Labor Commissioner,
including orders of the Industrial Welfare Commission, and shall
determine all matters arising under his or her jurisdiction.
It shall be within the jurisdiction of the The
Labor Commissioner to may accept and
determine claims from holders of payroll checks or payroll drafts
returned unpaid because of insufficient funds, if, after a diligent
search, the holder is unable to return the dishonored check or draft
to the payee and recover the sums paid out. Within 30 days of the
filing of the complaint, the Labor Commissioner shall notify the
parties as to whether a hearing will be held, whether action will be
taken in accordance with Section 98.3, or whether no further action
will be taken on the complaint. If the determination is made by the
Labor Commissioner to hold a hearing, the hearing shall be held
within 90 days of the date of that determination. However, the Labor
Commissioner may postpone or grant additional time before setting a
hearing if the Labor Commissioner finds that it would lead to an
equitable and just resolution of the dispute.
It is the intent of the Legislature that hearings held pursuant to
this section be conducted in an informal setting preserving the
right of the parties.
(b) When a hearing is set, a copy of the complaint, which shall
include the amount of compensation requested, together with a notice
of time and place of the hearing, shall be served on all parties,
personally or by certified mail, or in the manner specified in
Section 415.20 of the Code of Civil Procedure.
(c) Within 10 days after service of the notice and the complaint,
a defendant may file an answer with the Labor Commissioner in any
form as prescribed by the Labor
Commissioner may prescribe , setting forth the
particulars in which the complaint is inaccurate or incomplete and
the facts upon which the defendant intends to rely.
(d) No pleading other than the complaint and answer of the
defendant or defendants shall be required. Both shall be in writing
and shall conform to the form and the rules of practice and procedure
adopted by the Labor Commissioner.
(e) Evidence on matters not pleaded in the answer shall be allowed
only on terms and conditions imposed by the Labor
Commissioner shall impose . In all these cases,
the claimant shall be entitled to a continuance for purposes of
review of the new evidence.
(f) If the defendant fails to appear or answer within the time
allowed under this chapter, no default shall be taken against him or
her, but the Labor Commissioner shall hear the evidence offered and
shall issue an order, decision, or award in accordance with the
evidence. A defendant failing to appear or answer, or subsequently
contending to be aggrieved in any manner by want of notice of the
pendency of the proceedings, may apply to the Labor Commissioner for
relief in accordance with Section 473 of the Code of Civil Procedure.
The Labor Commissioner may afford this relief. No right to relief,
including the claim that the findings or award of the Labor
Commissioner or judgment entered thereon are
is void upon their its face,
shall accrue to the defendant in any court unless prior application
is made to the Labor Commissioner in accordance with this chapter.
(g) All hearings conducted pursuant to this chapter are governed
by the division and by the rules of practice and procedure adopted by
the Labor Commissioner.
(h) (1) Whenever a claim is filed under this chapter against a
person operating or doing business under a fictitious business name,
as defined in Section 17900 of the Business and Professions Code,
which relates to the person's business, the division shall inquire at
the time of the hearing whether the name of the person is the legal
name under which the business or person has been licensed,
registered, incorporated, or otherwise authorized to do business.
(2) The division may amend an order, decision, or award to conform
to the legal name of the business or the person who is the defendant
to a wage claim, if it can be shown that proper service was made on
the defendant or his or her agent, unless a judgment had been entered
on the order, decision, or award pursuant to subdivision (d) of
Section 98.2. The Labor Commissioner may apply to the clerk of the
superior court to amend a judgment that has been issued pursuant to a
final order, decision, or award to conform to the legal name of the
defendant, if it can be shown that proper service was made on the
defendant or his or her agent.
(i) If the Labor Commissioner determines that a payroll record
submitted in support of or opposition to a claim or complaint brought
pursuant to this section has been intentionally falsified, the
person submitting the payroll record shall be subject to a civil
penalty of one thousand dollars ($1,000) for each intentionally
falsified payroll record submitted.
SECTION 1. Section 50199.25 is added to the
Health and Safety Code, to read:
50199.25. Notwithstanding any other provision in this chapter to
the contrary, the California Tax Credit Allocation Committee shall,
to the extent possible, allocate a portion of the California
low-income housing tax credit to the City of Los Angeles in
accordance with the following:
(a) The Los Angeles Housing Department shall annually establish a
local qualified allocation plan for purposes of allocating the
California low-income housing tax credit within the City of Los
Angeles.
(b) The local qualified allocation plan shall provide for the
allocation of the housing tax credits in accordance with the same
criteria and requirements used in allocating the credits by Section
42 of the Internal Revenue Code and by the California Tax Credit
Allocation Committee.
(c) The local qualified allocation plan shall provide for annual
housing priorities and needs, and one or more annual competitive
application cycles for the tax credits.
(d) The Los Angeles Housing Department shall review the
applications for completeness, feasibility, and the extent to which
the projects meet the threshold and competitive selection criteria
contained in the state's qualified allocation plan and local
qualified allocation plan, issue determinations, and maintain a
waitlist, if necessary. The review shall include, but not be limited
to, the following:
(1) Evaluation of compliance with threshold criteria.
(2) Project and sponsor underwriting.
(3) Scoring applications for an award of housing tax credits based
upon California Tax Credit Allocation Committee program guidelines.
(e) The awarding of housing tax credits to the projects shall be
subject to approval by the Mayor and the Council of the City of Los
Angeles, and, upon that approval, a list of those projects shall be
forwarded to the California Tax Credit Allocation Committee for the
actual awarding of the housing tax credits in accordance with the
requirements of this chapter.
(f) The California Tax Credit Allocation Committee shall adopt all
rules and regulations necessary to implement this section in a
manner that ensures compliance with all requirements used in
allocating the federal tax credit pursuant to this chapter.
SEC. 2. If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.
SEC. 3. The Legislature finds and declares
that, because of the unique circumstances applicable only to the City
of Los Angeles, a statute of general applicability cannot be enacted
within the meaning of subdivision (b) of Section 16 of Article IV of
the California Constitution. Therefore, this special statute is
necessary.
