Existing law authorizes the Labor Commissioner to conduct administrative hearings and issue orders, decisions, and awards for recovery of wages, penalties, and other demands for compensation properly before the Division of Labor Standards Enforcement or the commissioner. Existing law requires these awards for unpaid wages to accrue interest at a specified adjusted annual rate determined under the tax laws.
This bill would instead require this rate to be the same as the legal rate of interest payable upon a contract obligation in default where the contract does not otherwise specify the rate of interest.
Existing law provides that any order, decision, or award made by the Labor Commissioner in these administrative proceedings may be appealed by filing an action in the municipal or superior court.
This bill would require employers filing such an appeal to post a prescribed undertaking and would provide for disposition thereof.
Under existing law, an employer in the building and construction industry is liable for a penalty of up to 30 days’ wages and fringe benefits to any employee paid by a check, draft, or voucher that is drawn on a nonexistent account or that is dishonored for insufficient funds if the instrument is presented for payment within 30 days of receipt. This penalty does not apply if the employer can establish that the violation was unintentional.
This bill would make this penalty applicable to all employers, as specified, and would make related conforming and technical, nonsubstantive changes.
Under existing law, the prevailing party, with certain exceptions, is entitled to an award of attorney’s fees in an action brought for nonpayment of wages, fringe benefits, or health and welfare or pension fund contributions.
This bill would add an express exception for employee actions to recover underpayment of the minimum wage or specified overtime wages, in which a prevailing employee but not the employer is expressly authorized to recover attorney’s fees. The bill would also require the court, in an action to recover unpaid wages, to award interest, as specified.
Under existing law, employers are required to provide employees semimonthly, with payment of wages, an itemized statement listing gross wages, total hours worked by employees paid by the hour, specified deductions, net wages, and certain other information. Violation of these requirements is a misdemeanor. Under existing law, an employee suffering injury as a result of the employer’s knowing or intentional failure to comply with this requirement is entitled to recover the greater of actual damages or $100, plus costs and reasonable attorney’s fees.
This bill would provide that total hours need not be disclosed for salaried employees exempt from payment of overtime compensation. The bill would impose a state-mandated local program by requiring disclosure of the number of piece-rate units and the applicable piece rate for employees paid on that basis and by requiring disclosure of all applicable hourly rates and the number of hours worked by the employee at each rate. The bill would revise the liability of employers for knowing or intentional noncompliance with this disclosure requirement to entitle an aggrieved employee to recover the greater of actual damages or penal damages of $50 for the initial pay period in which a violation occurs and $100 per employee for each subsequent pay period in which the violation occurs up to $4,000, plus costs and reasonable attorney’s fees.
Existing law authorizes the Industrial Welfare Commission to adopt orders respecting wages, hours, and working conditions.
This bill would require any employer that requires any employee to work during a meal or rest period mandated by an order of the commission to pay the employee one hour’s pay for each workday that the meal or rest period is not provided.
Existing law prohibits employers from receiving or deducting gratuities intended for employees from wages otherwise payable. Violation is a misdemeanor. Under existing law, this prohibition is not applicable to an employee that has a guaranteed wage or salary that is at least the higher of the federal or state minimum wage.
This bill would delete the above exemption, thereby imposing a state-mandated local program. As so revised, the bill would make these provisions applicable to amounts paid by patrons directly to a dancer subject to specified orders of the commission. The bill would also impose a state-mandated local program by requiring employers to remit to their employees gratuities paid by credit card, without deduction for credit card fees, not later than the next regular payday following the date the credit card payment is authorized by the patron.
Existing law requires employers to keep specified payroll records.
This bill would require these payroll records to identify the number of piece-rate units earned by employees and any applicable piece rate paid to employees.
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.