Employment: nonpayment of wages: complaints.

Assembly Member Ortega's wage enforcement legislation revises California's process for investigating and resolving employee wage complaints, establishing strict timelines and enhanced powers for the Labor Commissioner while creating a new fund to support wage recovery efforts.

The bill mandates specific deadlines throughout the complaint process, requiring the Labor Commissioner to notify parties of complaints within 60 days and defendants to respond within 30 days by either paying the claimed amount or filing a detailed answer. For cases proceeding to investigation, the Commissioner must complete the review within 90 days of receiving the defendant's response, including making wage determinations and identifying liable parties.

A new administrative fee of up to 30 percent of awarded amounts will fund the newly established Wage Recovery Fund, which provides compensation to workers harmed by wage violations. Defendants may request fee waivers if they have no penalties assessed and no prior wage violations or settlements within the past decade. The legislation also expands the Commissioner's enforcement tools, allowing subpoenas for employment records and creation of property liens to secure judgments.

For appeals, the bill classifies wage claim appeals as unlimited civil cases and requires defendants to post bonds equal to the awarded amount. Courts gain jurisdiction over all wage disputes related to the original claim but cannot consolidate unrelated actions without agreement from all parties. The Labor Commissioner retains authority to investigate claims and issue orders beyond the specified procedural deadlines, with all notices permitted through various service methods including electronic delivery.