Failure to pay wages: penalties.
- Expands wage violation penalties by allowing workers to pursue independent civil lawsuits against employers.
- Imposes a $100 penalty per employee for initial wage payment violations.
- Increases penalties to $200 plus 25% of unpaid wages for subsequent or willful violations.
- Requires workers to choose between statutory penalties, civil action, or Labor Commissioner enforcement.
Senator Wiener's wage enforcement legislation expands the methods through which California employees can recover penalties from employers who fail to pay wages, adding independent civil actions as a new avenue alongside existing statutory penalties and Labor Commissioner citations.
The bill maintains current penalty amounts of $100 per violation for initial failures to pay wages and $200 plus 25 percent of withheld wages for subsequent or willful violations. Under the amended framework, employees must choose between pursuing statutory penalties through Labor Code Section 98, filing an independent civil action, or seeking civil penalties via the Labor Commissioner - they cannot utilize multiple recovery methods for the same violation. The procedures for contesting and enforcing Labor Commissioner citations remain aligned with existing protocols under Labor Code Section 1197.1.
A severability clause ensures that if any portion of the amended statute is invalidated, the remaining provisions continue in effect. The changes apply to penalties for non-payment of wages as specified across nine Labor Code sections covering various payment timing requirements and equal pay provisions.
 Anna CaballeroD Senator | Floor Vote |  Not Contacted | |
 Roger NielloR Senator | Floor Vote | Not Contacted | |
 Tony StricklandR Senator | Floor Vote | Not Contacted | |
 Shannon GroveR Senator | Floor Vote | Not Contacted | |
 Brian JonesR Senator | Floor Vote | Not Contacted |
Email the authors or create an email template to send to all relevant legislators.
Introduced By
Latest Voting History
| Ayes | Noes | NVR | Total | Result |
|---|---|---|---|---|
| 5 | 1 | 1 | 7 | PASS |
- Expands wage violation penalties by allowing workers to pursue independent civil lawsuits against employers.
- Imposes a $100 penalty per employee for initial wage payment violations.
- Increases penalties to $200 plus 25% of unpaid wages for subsequent or willful violations.
- Requires workers to choose between statutory penalties, civil action, or Labor Commissioner enforcement.
Email the authors or create an email template to send to all relevant legislators.
Introduced By
Senator Wiener's wage enforcement legislation expands the methods through which California employees can recover penalties from employers who fail to pay wages, adding independent civil actions as a new avenue alongside existing statutory penalties and Labor Commissioner citations.
The bill maintains current penalty amounts of $100 per violation for initial failures to pay wages and $200 plus 25 percent of withheld wages for subsequent or willful violations. Under the amended framework, employees must choose between pursuing statutory penalties through Labor Code Section 98, filing an independent civil action, or seeking civil penalties via the Labor Commissioner - they cannot utilize multiple recovery methods for the same violation. The procedures for contesting and enforcing Labor Commissioner citations remain aligned with existing protocols under Labor Code Section 1197.1.
A severability clause ensures that if any portion of the amended statute is invalidated, the remaining provisions continue in effect. The changes apply to penalties for non-payment of wages as specified across nine Labor Code sections covering various payment timing requirements and equal pay provisions.
Latest Voting History
| Ayes | Noes | NVR | Total | Result |
|---|---|---|---|---|
| 5 | 1 | 1 | 7 | PASS |
Anna CaballeroD Senator | Floor Vote | Not Contacted | |
Roger NielloR Senator | Floor Vote | Not Contacted | |
Tony StricklandR Senator | Floor Vote | Not Contacted | |
Shannon GroveR Senator | Floor Vote | Not Contacted | |
Brian JonesR Senator | Floor Vote | Not Contacted |