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SB-1234 Employee wages: payment.(2017-2018)

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Date Published: 04/12/2018 09:00 PM
SB1234:v98#DOCUMENT

Amended  IN  Senate  April 12, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill
No. 1234


Introduced by Senator Vidak

February 15, 2018


An act to amend amend, repeal, and add Section 220 of the Labor Code, relating to employment.


LEGISLATIVE COUNSEL'S DIGEST


SB 1234, as amended, Vidak. Employee wages: payment.
Existing law, with certain exceptions, requires that employers pay wages to their employees twice per calendar month on days designated in advance as regular paydays. A violation of that requirement is a crime. Existing law exempts the payment of wages of employees directly employed by the State of California from that requirement.
This bill would repeal that exemption, exemption as of January 1, 2020, thereby subjecting the payment of wages of employees directly employed by the State of California to the twice-per-month requirement. By changing the definition of a crime, this bill would impose a state-mandated local program.
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 no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.Section 220 of the Labor Code is amended to read:
220.

(a)Sections 201.3, 201.5, 201.7, 203.1, 203.5, 204a, 204b, 204c, 204.1, 205, and 205.5 do not apply to the payment of wages of employees directly employed by the State of California. Except as provided in subdivision (b), all other employment is subject to these provisions.

(b)Sections 200 to 211, inclusive, and Sections 215 to 219, inclusive, do not apply to the payment of wages of employees directly employed by any county, incorporated city, or town or other municipal corporation. All other employments are subject to these provisions.

SECTION 1.

 Section 220 of the Labor Code is amended to read:

220.
 (a) Sections 201.3, 201.5, 201.7, 203.1, 203.5, 204, 204a, 204b, 204c, 204.1, 205, and 205.5 do not apply to the payment of wages of employees directly employed by the State of California. Except as provided in subdivision (b), all other employment is subject to these provisions.
(b) Sections 200 to 211, inclusive, and Sections 215 to 219, inclusive, do not apply to the payment of wages of employees directly employed by any county, incorporated city, or town or other municipal corporation. All other employments are subject to these provisions.
(c) This section shall remain in effect only until January 1, 2020, and as of that date is repealed.

SEC. 2.

 Section 220 is added to the Labor Code, to read:

220.
 (a) Sections 201.3, 201.5, 201.7, 203.1, 203.5, 204a, 204b, 204c, 204.1, 205, and 205.5 do not apply to the payment of wages of employees directly employed by the State of California. Except as provided in subdivision (b), all other employment is subject to these provisions.
(b) Sections 200 to 211, inclusive, and Sections 215 to 219, inclusive, do not apply to the payment of wages of employees directly employed by any county, incorporated city, or town or other municipal corporation. All other employments are subject to these provisions.
(c) This section shall become operative on January 1, 2020.

SEC. 2.SEC. 3.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.