AB 2187 - An Act to Add Section 1199.6 to the Labor Code, Relating to Employment.

Employment: payment of wages. 2009-2010 Legislature. View bill details
Author(s):
Summary:
Existing law makes it a misdemeanor for a person or employer who, having the ability to pay, willfully refuses to pay wages due to a current employee, an employee who has resigned, or an employee who has been discharged. Under existing law, an aggrieved employee has the right to restitution for unpaid wages. Existing law also imposes civil penalties against a person or employer who wrongfully… More
Existing law makes it a misdemeanor for a person or employer who, having the ability to pay, willfully refuses to pay wages due to a current employee, an employee who has resigned, or an employee who has been discharged. Under existing law, an aggrieved employee has the right to restitution for unpaid wages. Existing law also imposes civil penalties against a person or employer who wrongfully fails to pay wages.

This bill would create a separate prohibition against a person or an employer who, having the ability to pay, willfully fails to pay all wages due to an employee who has been discharged or who has quit within 90 days of the date of the wages becoming due, unless exempted, and would impose additional criminal penalties for that conduct. The bill would also require a person or employer who violates these provisions to pay restitution in an amount equal to the amount of unpaid wages to the aggrieved employee upon conviction.

Because this bill would create a new crime, it 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. Hide
 
Status:
This bill was passed by both houses and vetoed by the Governor. It did not become law
Assembly Vote: On Passage

PASSED on May 6, 2010.

voted YES: 42 voted NO: 28
9 voted present/not voting

An Act to Add Section 1199.6 to the Labor Code, Relating to Employment.

AB 2187 — 2009-2010 Legislature

Summary
Existing law makes it a misdemeanor for a person or employer who, having the ability to pay, willfully refuses to pay wages due to a current employee, an employee who has resigned, or an employee who has been discharged. Under existing law, an aggrieved employee has the right to restitution for unpaid wages. Existing law also imposes civil penalties against a person or employer who wrongfully fails to pay wages.

This bill would create a separate prohibition against a person or an employer who, having the ability to pay, willfully fails to pay all wages due to an employee who has been discharged or who has quit within 90 days of the date of the wages becoming due, unless exempted, and would impose additional criminal penalties for that conduct. The bill would also require a person or employer who violates these provisions to pay restitution in an amount equal to the amount of unpaid wages to the aggrieved employee upon conviction.

Because this bill would create a new crime, it 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… More
Existing law makes it a misdemeanor for a person or employer who, having the ability to pay, willfully refuses to pay wages due to a current employee, an employee who has resigned, or an employee who has been discharged. Under existing law, an aggrieved employee has the right to restitution for unpaid wages. Existing law also imposes civil penalties against a person or employer who wrongfully fails to pay wages.

This bill would create a separate prohibition against a person or an employer who, having the ability to pay, willfully fails to pay all wages due to an employee who has been discharged or who has quit within 90 days of the date of the wages becoming due, unless exempted, and would impose additional criminal penalties for that conduct. The bill would also require a person or employer who violates these provisions to pay restitution in an amount equal to the amount of unpaid wages to the aggrieved employee upon conviction.

Because this bill would create a new crime, it 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. Hide
Learn More
At LegInfo.ca.gov
Title
An Act to Add Section 1199.6 to the Labor Code, Relating to Employment.
Author(s)
Juan Arambula
Co-Authors
    Subjects
    • Employment: payment of wages
    Major Actions
    Introduced2/18/2010
    Referred to Committee
    Passed Assembly Committee on Labor and Employment4/07/2010
    Passed Assembly Committee on Appropriations4/21/2010
    Passed Assembly5/06/2010
    Passed Senate Committee on Labor and Industrial Relations6/23/2010
    Passed Senate8/24/2010
    Passed Assembly8/25/2010
    Presented to the governor (enrolled)9/03/2010
    Vetoed by Governor9/23/2010
    Vetoed by Governor9/23/2010
    Bill History
    Chamber/CommitteeMotionDateResult
    select this voteAssembly Committee on Labor and EmploymentDo pass and be re-referred to the Committee on Appropriations.4/07/2010This motion PASSED the Assembly Committee on Labor and Employment
    4 voted YES 2 voted NO 1 voted present/not voting
    select this voteAssembly Committee on AppropriationsDo pass.4/21/2010This motion PASSED the Assembly Committee on Appropriations
    12 voted YES 5 voted NO 0 voted present/not voting
    currently selectedAssemblyAB 2187 ARAMBULA Assembly Third Reading5/06/2010This bill PASSED the Assembly
    42 voted YES 28 voted NO 9 voted present/not voting
    select this voteSenate Committee on Labor and Industrial RelationsDo pass, but re-refer to the Committee on Appropriations.6/23/2010This motion PASSED the Senate Committee on Labor and Industrial Relations
    4 voted YES 1 voted NO 1 voted present/not voting
    select this voteSenateAssembly 3rd Reading AB2187 Arambula By DeSaulnier8/24/2010This bill PASSED the Senate
    21 voted YES 14 voted NO 4 voted present/not voting
    select this voteAssemblyAB 2187 ARAMBULA Concurrence in Senate Amendments8/25/2010This bill PASSED the Assembly
    47 voted YES 27 voted NO 4 voted present/not voting
    ActionDateDescription
    Introduced2/18/2010
    2/18/2010Read first time. To print.
    2/19/2010From printer. May be heard in committee March 21.
    3/04/2010Referred to Com. on L. & E.
    3/24/2010From committee chair, with author's amendments: Amend, and re-refer to Com. on L. & E. Read second time and amended.
    3/25/2010Re-referred to Com. on L. & E.
    select this voteVote4/07/2010Do pass and be re-referred to the Committee on Appropriations.
    4/08/2010From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 4. Noes 2.) (April 7).
    select this voteVote4/21/2010Do pass.
    4/21/2010From committee: Do pass. (Ayes 12. Noes 5.) (April 21).
    4/22/2010Read second time. To third reading.
    5/06/2010Read third time, passed, and to Senate. (Ayes 42. Noes 28. Page 5048.)
    5/06/2010In Senate. Read first time. To Com. on RLS. for assignment.
    currently selectedAssembly Vote on Passage5/06/2010AB 2187 ARAMBULA Assembly Third Reading
    5/20/2010Referred to Com. on L. & I.R.
    select this voteVote6/23/2010Do pass, but re-refer to the Committee on Appropriations.
    6/24/2010From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 4. Noes 1.) (June 23).
    8/02/2010From committee: Be placed on second reading file pursuant to Senate Rule 28.8.
    8/03/2010Read second time. To third reading.
    8/11/2010Read third time, amended. To second reading.
    8/12/2010Read second time. To third reading.
    8/24/2010Read third time, passed, and to Assembly. (Ayes 21. Noes 14. Page 4849.)
    8/24/2010In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 26 pursuant to Assembly Rule 77.
    select this voteSenate Vote on Passage8/24/2010Assembly 3rd Reading AB2187 Arambula By DeSaulnier
    8/25/2010Assembly Rule 77 suspended. (Ayes 49. Noes 27. Page 6645.) Senate amendments concurred in. To enrollment. (Ayes 47. Noes 27. Page 6686.)
    select this voteAssembly Vote on Passage8/25/2010AB 2187 ARAMBULA Concurrence in Senate Amendments
    9/03/2010Enrolled and to the Governor at 3 p.m.
    Vetoed9/23/2010Vetoed by Governor.

    Total contributions given to Assemblymembers from Health & welfare policy, which…

    supported this bill

    Health & welfare policy$51,347
    $51,347

    0 Organizations Supported and 0 Opposed

    Organizations that took a position on
    An Act to Add Section 1199.6 to the Labor Code, Relating to Employment.: AB 2187 ARAMBULA Assembly Third Reading

    0 organizations supported this bill

    0 organizations opposed this bill

    Need proof?

    View citations of support and opposition

    Includes reported contributions to campaigns of Assemblymembers in office on day of vote, from Health & welfare policy interest groups, January 1, 2009 – December 31, 2010.
    Contributions data source: FollowTheMoney.org

    Contributions by Legislator

    Namesort iconPartyDistrict$ From Interest Groups
    That Supported
    $ From Interest Groups
    That Opposed
    Vote
    Anthony AdamsRCA-59$0$0No
    Tom AmmianoDCA-13$0$0Yes
    Joel AndersonRCA-77$1,500$0No
    Juan ArambulaICA-31$0$0Yes
    Karen BassDCA-47$250$0Not Voting
    Jim BeallDCA-24$0$0Yes
    Bill BerryhillRCA-26$1,000$0No
    Tom BerryhillRCA-25$0$0No
    Sam BlakesleeRCA-33$0$0No
    Marty BlockDCA-78$0$0Not Voting
    Bob BlumenfieldDCA-40$0$0Yes
    Steven BradfordDCA-51$1,000$0Yes
    Julia BrownleyDCA-41$0$0Yes
    Joan BuchananDCA-15$2,100$0Not Voting
    Anna CaballeroDCA-28$1,000$0Yes
    Charles CalderonDCA-58$0$0Yes
    Wilmer Amina CarterDCA-62$0$0Yes
    Wesley ChesbroDCA-1$2,483$0Yes
    Connie ConwayRCA-34$1,000$0No
    Paul CookRCA-65$0$0No
    Joe CotoDCA-23$0$0Yes
    Mike DavisDCA-48$0$0Yes
    Hector De La TorreDCA-50$0$0Not Voting
    Kevin De LeonDCA-45$1,000$0Yes
    Chuck DeVoreRCA-70$0$0No
    Bill EmmersonRCA-63$0$0No
    Mike EngDCA-49$0$0Yes
    Noreen EvansDCA-7$0$0Yes
    Mike FeuerDCA-42$0$0Yes
    Nathan FletcherRCA-75$0$0No
    Paul FongDCA-22$2,500$0Yes
    Felipe FuentesDCA-39$3,000$0Yes
    Jean FullerRCA-32$2,000$0No
    Warren FurutaniDCA-55$1,000$0Yes
    Ted GainesRCA-4$1,000$0No
    Cathleen GalgianiDCA-17$2,000$0Not Voting
    Martin GarrickRCA-74$1,500$0No
    Danny GilmoreRCA-30$0$0Not Voting
    Curt HagmanRCA-60$0$0No
    Isadore HallDCA-52$1,459$0Yes
    Diane HarkeyRCA-73$1,000$0No
    Mary HayashiDCA-18$2,000$0Yes
    Ed HernandezDCA-57$2,500$0Yes
    Jerry HillDCA-19$1,000$0Yes
    Alyson HuberDCA-10$1,000$0Not Voting
    Jared HuffmanDCA-6$0$0Yes
    Kevin JeffriesRCA-66$0$0No
    Dave JonesDCA-9$600$0Yes
    Steve KnightRCA-36$0$0No
    Ted LieuDCA-53$0$0Yes
    Dan LogueRCA-3$0$0No
    Bonnie LowenthalDCA-54$0$0Yes
    Fiona MaDCA-12$0$0Yes
    Tony MendozaDCA-56$0$0Not Voting
    Jeff MillerRCA-71$0$0No
    Bill MonningDCA-27$3,000$0Yes
    Pedro NavaDCA-35$0$0Yes
    Brian NestandeRCA-64$0$0No
    Roger NielloRCA-5$0$0No
    Jim NielsenRCA-2$1,000$0No
    Chris NorbyRCA-72$0$0No
    John PerezDCA-46$3,608$0Yes
    Manuel PerezDCA-80$2,000$0Not Voting
    Anthony PortantinoDCA-44$500$0Yes
    Ira RuskinDCA-21$0$0Yes
    Mary SalasDCA-79$0$0Yes
    Lori SaldanaDCA-76$0$0Yes
    Jim SilvaRCA-67$0$0No
    Nancy SkinnerDCA-14$0$0Yes
    Cameron SmythRCA-38$1,500$0No
    Jose SolorioDCA-69$2,469$0Yes
    Audra StricklandRCA-37$0$0No
    Sandre SwansonDCA-16$0$0Yes
    Tom TorlaksonDCA-11$0$0Yes
    Norma TorresDCA-61$3,378$0Yes
    Alberto TorricoDCA-20$0$0Yes
    Van TranRCA-68$0$0No
    Mike VillinesRCA-29$0$0No
    Mariko YamadaDCA-8$0$0Yes

    Add Data Filters:

    Legislator Filters
    Legislator Filters
    Show All
    NamePartyDistrict$ From Interest Groups
    That Supported
    $ From Interest Groups
    That Opposed
    Vote
    Anthony AdamsRCA-59$0$0No
    Tom AmmianoDCA-13$0$0Yes
    Joel AndersonRCA-77$1,500$0No
    Juan ArambulaICA-31$0$0Yes
    Karen BassDCA-47$250$0Not Voting
    Jim BeallDCA-24$0$0Yes
    Bill BerryhillRCA-26$1,000$0No
    Tom BerryhillRCA-25$0$0No
    Sam BlakesleeRCA-33$0$0No
    Marty BlockDCA-78$0$0Not Voting
    Bob BlumenfieldDCA-40$0$0Yes
    Steven BradfordDCA-51$1,000$0Yes
    Julia BrownleyDCA-41$0$0Yes
    Joan BuchananDCA-15$2,100$0Not Voting
    Anna CaballeroDCA-28$1,000$0Yes
    Charles CalderonDCA-58$0$0Yes
    Wilmer Amina CarterDCA-62$0$0Yes
    Wesley ChesbroDCA-1$2,483$0Yes
    Connie ConwayRCA-34$1,000$0No
    Paul CookRCA-65$0$0No
    Joe CotoDCA-23$0$0Yes
    Mike DavisDCA-48$0$0Yes
    Hector De La TorreDCA-50$0$0Not Voting
    Kevin De LeonDCA-45$1,000$0Yes
    Chuck DeVoreRCA-70$0$0No
    Bill EmmersonRCA-63$0$0No
    Mike EngDCA-49$0$0Yes
    Noreen EvansDCA-7$0$0Yes
    Mike FeuerDCA-42$0$0Yes
    Nathan FletcherRCA-75$0$0No
    Paul FongDCA-22$2,500$0Yes
    Felipe FuentesDCA-39$3,000$0Yes
    Jean FullerRCA-32$2,000$0No
    Warren FurutaniDCA-55$1,000$0Yes
    Ted GainesRCA-4$1,000$0No
    Cathleen GalgianiDCA-17$2,000$0Not Voting
    Martin GarrickRCA-74$1,500$0No
    Danny GilmoreRCA-30$0$0Not Voting
    Curt HagmanRCA-60$0$0No
    Isadore HallDCA-52$1,459$0Yes
    Diane HarkeyRCA-73$1,000$0No
    Mary HayashiDCA-18$2,000$0Yes
    Ed HernandezDCA-57$2,500$0Yes
    Jerry HillDCA-19$1,000$0Yes
    Alyson HuberDCA-10$1,000$0Not Voting
    Jared HuffmanDCA-6$0$0Yes
    Kevin JeffriesRCA-66$0$0No
    Dave JonesDCA-9$600$0Yes
    Steve KnightRCA-36$0$0No
    Ted LieuDCA-53$0$0Yes
    Dan LogueRCA-3$0$0No
    Bonnie LowenthalDCA-54$0$0Yes
    Fiona MaDCA-12$0$0Yes
    Tony MendozaDCA-56$0$0Not Voting
    Jeff MillerRCA-71$0$0No
    Bill MonningDCA-27$3,000$0Yes
    Pedro NavaDCA-35$0$0Yes
    Brian NestandeRCA-64$0$0No
    Roger NielloRCA-5$0$0No
    Jim NielsenRCA-2$1,000$0No
    Chris NorbyRCA-72$0$0No
    John PerezDCA-46$3,608$0Yes
    Manuel PerezDCA-80$2,000$0Not Voting
    Anthony PortantinoDCA-44$500$0Yes
    Ira RuskinDCA-21$0$0Yes
    Mary SalasDCA-79$0$0Yes
    Lori SaldanaDCA-76$0$0Yes
    Jim SilvaRCA-67$0$0No
    Nancy SkinnerDCA-14$0$0Yes
    Cameron SmythRCA-38$1,500$0No
    Jose SolorioDCA-69$2,469$0Yes
    Audra StricklandRCA-37$0$0No
    Sandre SwansonDCA-16$0$0Yes
    Tom TorlaksonDCA-11$0$0Yes
    Norma TorresDCA-61$3,378$0Yes
    Alberto TorricoDCA-20$0$0Yes
    Van TranRCA-68$0$0No
    Mike VillinesRCA-29$0$0No
    Mariko YamadaDCA-8$0$0Yes

    Interest Groups that supported this bill

    $ Donated
    Health & welfare policy$51,347

    Interest Groups that opposed this bill

    $ Donated
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