Bill Text

Bill Information


Bill PDF |Add To My Favorites | print page

AB-228 Labor Commissioner: employee claims.(2013-2014)

SHARE THIS: share this bill in Facebook share this bill in Twitter
AB228:v97#DOCUMENT

Amended  IN  Assembly  April 15, 2013
Amended  IN  Assembly  March 11, 2013

CALIFORNIA LEGISLATURE— 2013–2014 REGULAR SESSION

Assembly Bill
No. 228

Introduced by Assembly Member Logue

February 04, 2013

An act to add Sections 62.1 and 96.1 to the Labor Code, relating to employment.


LEGISLATIVE COUNSEL'S DIGEST


AB 228, as amended, Logue. Labor Commissioner: employee claims.
Existing law provides for the Director of the Department of Industrial Relations within the Labor and Workforce Development Agency to oversee and assist the divisions under its jurisdiction with the enforcement of provisions of law related to private employment, including claims for wage and hour violations and occupational safety violations.
Under existing law, the Labor Commissioner or his or her representatives are authorized to take assignments of certain claims for enforcement, including claims for an employee’s loss of wages due to demotion, suspension, or discharge by the employer for lawful conduct occurring during nonworking hours away from the employer’s premises.
This bill would authorize both the director and the commissioner, or their deputies, to waive any penalties against an employer if the employer resolves the claim within 30 days of receiving a notice, as specified, from the commissioner. The bill would not apply to violations of minimum wage requirements.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 62.1 is added to the Labor Code, to read:

62.1.
 (a) The Director of the Department of Industrial Relations or his or her deputy, in the enforcement of provisions of law under the department’s jurisdiction, may waive the penalties against an employer as provided by state law for a qualified claim, verified by the director or his or her deputy, if both of the following conditions are met:
(1) The director, or his or her deputy, determines that the claim is the first of its type against the employer.
(2) The claim is resolved within 30 days of the issuance to the employer by the director, or his or her deputy, of a notice stating that the claim has been verified and that applicable penalties under state law will be waived if the claim is resolved within that 30-day period.
(b) For purposes of this section, the director, or his or her deputy, shall verify with the claimant whether the claim has been resolved.
(c) This section shall not apply to a violation of minimum wage requirements.

SEC. 2.

 Section 96.1 is added to the Labor Code, to read:

96.1.
 (a) The Labor Commissioner, or his or her deputy, may waive the penalties against an employer as provided by state law for a qualified claim, verified by the commissioner or his or her deputy, if both of the following conditions are met:
(1) The commissioner, or his or her deputy, determines that the claim is the first of its type against the employer.
(2) The claim is resolved within 30 days of the issuance to the employer by the commissioner, or his or her deputy, of a notice stating that the claim has been verified and that applicable penalties under state law will be waived if the claim is resolved within that 30-day period. For purposes of this paragraph, the commissioner, or his or her deputy, shall verify with the claimant whether the claim has been resolved.
(b) For purposes of this section, a “qualified claim” is a claim made under Section 96.
(c) This section shall not apply to a violation of minimum wage requirements.