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.
This bill was recently introduced. Email the authors to let them know what you think about it.
Introduced By
Latest Voting History
| Ayes | Noes | NVR | Total | Result |
|---|---|---|---|---|
| 4 | 1 | 0 | 5 | PASS |
 Anna CaballeroD Senator | Committee Member |  Not Contacted | |
 Roger NielloR Senator | Committee Member | Not Contacted | |
 Benjamin AllenD Senator | Committee Member | Not Contacted | |
 Eloise ReyesD Senator | Committee Member | Not Contacted | |
 Scott WienerD Senator | Bill Author | Not Contacted |
- 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.
This bill was recently introduced. Email the authors to let them know what you think about it.
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 |
|---|---|---|---|---|
| 4 | 1 | 0 | 5 | PASS |
Anna CaballeroD Senator | Committee Member | Not Contacted | |
Roger NielloR Senator | Committee Member | Not Contacted | |
Benjamin AllenD Senator | Committee Member | Not Contacted | |
Eloise ReyesD Senator | Committee Member | Not Contacted | |
Scott WienerD Senator | Bill Author | Not Contacted |