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

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

Introduced	2/18/2010
Referred to Committee
Passed Assembly Committee on Labor and Employment	4/07/2010
Passed Assembly Committee on Appropriations	4/21/2010
Passed Assembly	5/06/2010
Passed Senate Committee on Labor and Industrial Relations	6/23/2010
Passed Senate	8/24/2010
Passed Assembly	8/25/2010
Presented to the governor (enrolled)	9/03/2010
Vetoed by Governor	9/23/2010
Vetoed by Governor	9/23/2010

Bill History

• All Votes
• All Actions

	Chamber/Committee	Motion	Date	Result
select this vote	Assembly Committee on Labor and Employment	Do pass and be re-referred to the Committee on Appropriations.	4/07/2010	This motion PASSED the Assembly Committee on Labor and Employment 4 voted YES 2 voted NO 1 voted present/not voting
select this vote	Assembly Committee on Appropriations	Do pass.	4/21/2010	This motion PASSED the Assembly Committee on Appropriations 12 voted YES 5 voted NO 0 voted present/not voting
select this vote	Assembly	AB 2187 ARAMBULA Assembly Third Reading	5/06/2010	This bill PASSED the Assembly 42 voted YES 28 voted NO 9 voted present/not voting
select this vote	Senate Committee on Labor and Industrial Relations	Do pass, but re-refer to the Committee on Appropriations.	6/23/2010	This motion PASSED the Senate Committee on Labor and Industrial Relations 4 voted YES 1 voted NO 1 voted present/not voting
currently selected	Senate	Assembly 3rd Reading AB2187 Arambula By DeSaulnier	8/24/2010	This bill PASSED the Senate 21 voted YES 14 voted NO 4 voted present/not voting
select this vote	Assembly	AB 2187 ARAMBULA Concurrence in Senate Amendments	8/25/2010	This bill PASSED the Assembly 47 voted YES 27 voted NO 4 voted present/not voting

	Action	Date	Description
	Introduced	2/18/2010
		2/18/2010	Read first time. To print.
		2/19/2010	From printer. May be heard in committee March 21.
		3/04/2010	Referred to Com. on L. & E.
		3/24/2010	From committee chair, with author's amendments: Amend, and re-refer to Com. on L. & E. Read second time and amended.
		3/25/2010	Re-referred to Com. on L. & E.
select this vote	Vote	4/07/2010	Do pass and be re-referred to the Committee on Appropriations.
		4/08/2010	From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 4. Noes 2.) (April 7).
select this vote	Vote	4/21/2010	Do pass.
		4/21/2010	From committee: Do pass. (Ayes 12. Noes 5.) (April 21).
		4/22/2010	Read second time. To third reading.
		5/06/2010	Read third time, passed, and to Senate. (Ayes 42. Noes 28. Page 5048.)
		5/06/2010	In Senate. Read first time. To Com. on RLS. for assignment.
select this vote	Assembly Vote on Passage	5/06/2010	AB 2187 ARAMBULA Assembly Third Reading
		5/20/2010	Referred to Com. on L. & I.R.
select this vote	Vote	6/23/2010	Do pass, but re-refer to the Committee on Appropriations.
		6/24/2010	From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 4. Noes 1.) (June 23).
		8/02/2010	From committee: Be placed on second reading file pursuant to Senate Rule 28.8.
		8/03/2010	Read second time. To third reading.
		8/11/2010	Read third time, amended. To second reading.
		8/12/2010	Read second time. To third reading.
		8/24/2010	Read third time, passed, and to Assembly. (Ayes 21. Noes 14. Page 4849.)
		8/24/2010	In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 26 pursuant to Assembly Rule 77.
currently selected	Senate Vote on Passage	8/24/2010	Assembly 3rd Reading AB2187 Arambula By DeSaulnier
		8/25/2010	Assembly Rule 77 suspended. (Ayes 49. Noes 27. Page 6645.) Senate amendments concurred in. To enrollment. (Ayes 47. Noes 27. Page 6686.)
select this vote	Assembly Vote on Passage	8/25/2010	AB 2187 ARAMBULA Concurrence in Senate Amendments
		9/03/2010	Enrolled and to the Governor at 3 p.m.
	Vetoed	9/23/2010	Vetoed by Governor.