Bill Text

Bill Information


Add To My Favorites | print page

AB-841 Wages: employee complaints.(2009-2010)

SHARE THIS:share this bill in Facebookshare this bill in Twitter
AB841:v97#DOCUMENT

Amended  IN  Assembly  January 04, 2010
Amended  IN  Assembly  April 13, 2009

CALIFORNIA LEGISLATURE— 2009–2010 REGULAR SESSION

Assembly Bill
No. 841


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   Local Program: YESNO  

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.