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
Senate Vote: On Passage

PASSED on August 24, 2010.

voted YES: 21 voted NO: 14
4 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
    select this voteAssemblyAB 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
    currently selectedSenateAssembly 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.
    select this voteAssembly 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.
    currently selectedSenate 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 Senators from Hospitals, which…

    opposed this bill

    Hospitals$282,350
    $282,350

    11 Organizations Supported and 12 Opposed; See Which Ones

    Organizations that took a position on
    An Act to Add Section 1199.6 to the Labor Code, Relating to Employment.: Assembly 3rd Reading AB2187 Arambula By DeSaulnier

    11 organizations supported this bill

    Amalgamated Transit Union
    Assembly Committee on Labor and Employment (2010, April 7). Bill Analysis. Retrieved August 26, 2010, from California Senate.
    California Framing Contractors Association
    Assembly Committee on Labor and Employment (2010, April 7). Bill Analysis. Retrieved August 26, 2010, from California Senate.
    California Labor Federation
    Assembly Committee on Labor and Employment (2010, April 7). Bill Analysis. Retrieved August 26, 2010, from California Senate.
    California Rural Legal Assistance Foundation
    Assembly Committee on Labor and Employment (2010, April 7). Bill Analysis. Retrieved August 26, 2010, from California Senate.
    International Association of Machinists and Aerospace Workers
    Assembly Committee on Labor and Employment (2010, April 7). Bill Analysis. Retrieved August 26, 2010, from California Senate.
    International Brotherhood of Teamsters
    Assembly Committee on Labor and Employment (2010, April 7). Bill Analysis. Retrieved August 26, 2010, from California Senate.
    International Longshore and Warehouse Union
    Assembly Committee on Labor and Employment (2010, April 7). Bill Analysis. Retrieved August 26, 2010, from California Senate.
    Jockeys' Guild
    Assembly Committee on Labor and Employment (2010, April 7). Bill Analysis. Retrieved August 26, 2010, from California Senate.
    National Nurses United
    Assembly Committee on Labor and Employment (2010, April 7). Bill Analysis. Retrieved August 26, 2010, from California Senate.
    Professional & Technical Engineers, Local 21
    Assembly Committee on Labor and Employment (2010, April 7). Bill Analysis. Retrieved August 26, 2010, from California Senate.
    United Food and Commercial Workers International Union
    Assembly Committee on Labor and Employment (2010, April 7). Bill Analysis. Retrieved August 26, 2010, from California Senate.

    12 organizations opposed this bill

    Automotive Aftermarket Industry Association
    (2010, August 11). Bill Analysis 08/11/2010. Retrieved August 26, 2010, from .
    California Chamber of Commerce
    Assembly Committee on Labor and Employment (2010, April 7). Bill Analysis. Retrieved August 26, 2010, from California Senate.
    California Construction and Industrial Materials Association
    Assembly Committee on Labor and Employment (2010, April 7). Bill Analysis. Retrieved August 26, 2010, from California Senate.
    California Employment Law Council
    Assembly Committee on Labor and Employment (2010, April 7). Bill Analysis. Retrieved August 26, 2010, from California Senate.
    California Farm Bureau Federation
    Assembly Committee on Labor and Employment (2010, April 7). Bill Analysis. Retrieved August 26, 2010, from California Senate.
    California Grocers Association
    Assembly Committee on Labor and Employment (2010, April 7). Bill Analysis. Retrieved August 26, 2010, from California Senate.
    California Hospital Association
    Assembly Committee on Labor and Employment (2010, April 7). Bill Analysis. Retrieved August 26, 2010, from California Senate.
    California Retailers Association
    Assembly Committee on Labor and Employment (2010, April 7). Bill Analysis. Retrieved August 26, 2010, from California Senate.
    Independent Waste Oil Collectors and Transporters
    (2010, August 11). Bill Analysis 08/11/2010. Retrieved August 26, 2010, from .
    Motion Picture Association of America
    (2010, August 11). Bill Analysis 08/11/2010. Retrieved August 26, 2010, from .
    Western Electrical Contractors Association
    Assembly Committee on Labor and Employment (2010, April 7). Bill Analysis. Retrieved August 26, 2010, from California Senate.
    Western Growers
    Assembly Committee on Labor and Employment (2010, April 7). Bill Analysis. Retrieved August 26, 2010, from California Senate.

    Need proof?

    View citations of support and opposition

    Includes reported contributions to campaigns of Senators in office on day of vote, from Hospitals interest groups, January 1, 2007 – December 31, 2010.
    Contributions data source: FollowTheMoney.org

    Contributions by Legislator

    Namesort iconPartyDistrict$ From Interest Groups
    That Supported
    $ From Interest Groups
    That Opposed
    Vote
    Sam AanestadRCA-4$0$4,500No
    Elaine AlquistDCA-13$0$1,000Yes
    Roy AshburnRCA-18$0$0No
    Sam BlakesleeRCA-15$0$0No
    Ron CalderonDCA-30$0$11,250Yes
    Gilbert CedilloDCA-22$0$3,950Yes
    Dave CogdillRCA-14$0$8,200No
    Ellen CorbettDCA-10$0$1,000Yes
    Lou CorreaDCA-34$0$13,900No
    Mark DeSaulnierDCA-7$0$0Yes
    Jeff DenhamRCA-12$0$9,950No
    Denise DuchenyDCA-40$0$0Not Voting
    Bob DuttonRCA-31$0$23,550No
    Bill EmmersonRCA-37$0$18,650No
    Dean FlorezDCA-16$0$4,400Yes
    Loni HancockDCA-9$0$3,000Yes
    Tom HarmanRCA-35$0$25,600Not Voting
    Dennis HollingsworthRCA-36$0$0No
    Bob HuffRCA-29$0$17,800No
    Christine KehoeDCA-39$0$0Yes
    Mark LenoDCA-3$0$3,000Yes
    Carol LiuDCA-21$0$0Yes
    Alan LowenthalDCA-27$0$1,000Yes
    Gloria Negrete McLeodDCA-32$0$7,500Yes
    Jenny OropezaDCA-28$0$2,000Not Voting
    Alex PadillaDCA-20$0$9,500Yes
    Fran PavleyDCA-23$0$0Yes
    Curren PriceDCA-26$0$1,000Yes
    Gloria RomeroDCA-24$0$0Yes
    George RunnerRCA-17$0$36,500No
    Joe SimitianDCA-11$0$2,500Yes
    Darrell SteinbergDCA-6$0$13,500Yes
    Tony StricklandRCA-19$0$25,100No
    Mimi WaltersRCA-33$0$11,750No
    Pat WigginsDCA-2$0$0Not Voting
    Lois WolkDCA-5$0$4,200Yes
    Rod WrightDCA-25$0$11,100Yes
    Mark WylandRCA-38$0$2,950No
    Leland YeeDCA-8$0$4,000Yes

    Add Data Filters:

    Legislator Filters
    Legislator Filters
    Show All
    NamePartyDistrict$ From Interest Groups
    That Supported
    $ From Interest Groups
    That Opposed
    Vote
    Sam AanestadRCA-4$0$11,250No
    Elaine AlquistDCA-13$11,176$4,300Yes
    Roy AshburnRCA-18$0$0No
    Sam BlakesleeRCA-15$1,000$7,500No
    Ron CalderonDCA-30$23,350$38,098Yes
    Gilbert CedilloDCA-22$18,400$9,450Yes
    Dave CogdillRCA-14$1,500$39,015No
    Ellen CorbettDCA-10$44,350$4,500Yes
    Lou CorreaDCA-34$28,200$49,308No
    Mark DeSaulnierDCA-7$75,830$4,000Yes
    Jeff DenhamRCA-12$1,500$32,050No
    Denise DuchenyDCA-40$0$0Not Voting
    Bob DuttonRCA-31$4,300$37,840No
    Bill EmmersonRCA-37$3,250$31,050No
    Dean FlorezDCA-16$0$4,400Yes
    Loni HancockDCA-9$48,800$8,100Yes
    Tom HarmanRCA-35$4,500$44,583Not Voting
    Dennis HollingsworthRCA-36$0$2,000No
    Bob HuffRCA-29$3,800$35,405No
    Christine KehoeDCA-39$27,800$6,000Yes
    Mark LenoDCA-3$54,850$4,000Yes
    Carol LiuDCA-21$15,200$2,500Yes
    Alan LowenthalDCA-27$29,500$2,500Yes
    Gloria Negrete McLeodDCA-32$31,500$26,525Yes
    Jenny OropezaDCA-28$16,500$4,250Not Voting
    Alex PadillaDCA-20$31,000$41,810Yes
    Fran PavleyDCA-23$7,500$29,200Yes
    Curren PriceDCA-26$10,700$10,500Yes
    Gloria RomeroDCA-24$10,900$1,250Yes
    George RunnerRCA-17$1,000$56,150No
    Joe SimitianDCA-11$16,500$11,050Yes
    Darrell SteinbergDCA-6$48,500$33,650Yes
    Tony StricklandRCA-19$7,100$90,300No
    Mimi WaltersRCA-33$5,000$51,750No
    Pat WigginsDCA-2$12,000$1,000Not Voting
    Lois WolkDCA-5$58,728$10,450Yes
    Rod WrightDCA-25$16,700$32,377Yes
    Mark WylandRCA-38$2,500$10,950No
    Leland YeeDCA-8$36,595$26,350Yes

    Interest Groups that supported this bill

    $ Donated
    Other unions$249,850
    Transportation unions$116,500
    Teamsters unions$112,730
    Labor unions$112,100
    Merchant marine & longshoremen unions$47,650
    Health & welfare policy$44,699
    Nurses$20,500
    Communications & hi-tech unions$6,000
    Manufacturing unions$0
    Construction & public works$0
    Food service & related unions$0

    Interest Groups that opposed this bill

    $ Donated
    Hospitals$282,350
    Food stores$163,600
    Motion picture production & distribution$101,800
    Chambers of commerce$101,555
    Pro-business organizations$51,077
    Farm Bureau/affiliated organizations & PACs$30,613
    Retail trade$30,327
    Truck & automotive parts and accessories$23,750
    Electrical contractors$18,340
    Building materials$12,000
    Farmers, crop unspecified$0
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