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 August 25, 2010.

voted YES: 47 voted NO: 27
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
    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
    currently selectedAssemblyAB 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.
    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.)
    currently selectedAssembly 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 interest groups that…

    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.: AB 2187 ARAMBULA Concurrence in Senate Amendments

    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 Assemblymembers in office on day of vote, from interest groups invested in the vote according to MapLight, January 1, 2009 – December 31, 2010.
    Contributions data source: FollowTheMoney.org

    Contributions by Legislator

    NamePartysort iconDistrict$ From Interest Groups
    That Supported
    $ From Interest Groups
    That Opposed
    Vote
    Alberto TorricoDCA-20$13,979$3,100Yes
    Alyson HuberDCA-10$19,365$4,213Not Voting
    Anna CaballeroDCA-28$27,000$2,500Yes
    Anthony PortantinoDCA-44$24,550$10,681Yes
    Bill MonningDCA-27$19,850$4,500Yes
    Bob BlumenfieldDCA-40$14,000$7,500Yes
    Bonnie LowenthalDCA-54$41,300$6,400Yes
    Cathleen GalgianiDCA-17$9,000$23,625Yes
    Charles CalderonDCA-58$7,000$12,250Yes
    Dave JonesDCA-9$147,550$47,490Yes
    Ed HernandezDCA-57$27,920$17,774Yes
    Felipe FuentesDCA-39$16,000$11,000Not Voting
    Fiona MaDCA-12$8,500$15,400Yes
    Hector De La TorreDCA-50$23,700$4,300Yes
    Ira RuskinDCA-21$0$0Yes
    Isadore HallDCA-52$6,609$16,113Yes
    Jared HuffmanDCA-6$25,800$1,000Yes
    Jerry HillDCA-19$16,400$8,576Yes
    Jim BeallDCA-24$18,800$1,000Yes
    Joan BuchananDCA-15$26,000$7,137Not Voting
    Joe CotoDCA-23$0$0Yes
    John PerezDCA-46$59,758$46,732Yes
    Jose SolorioDCA-69$21,469$18,870Yes
    Julia BrownleyDCA-41$15,000$5,000Yes
    Karen BassDCA-47$18,750$42,400Yes
    Kevin De LeonDCA-45$7,500$6,500Yes
    Lori SaldanaDCA-76$0$0Yes
    Manuel PerezDCA-80$34,400$3,858Yes
    Mariko YamadaDCA-8$16,800$3,000Yes
    Marty BlockDCA-78$29,700$0Yes
    Mary HayashiDCA-18$26,900$26,000Yes
    Mary SalasDCA-79$22,043$0Yes
    Mike DavisDCA-48$2,000$1,000Yes
    Mike EngDCA-49$17,600$330Yes
    Mike FeuerDCA-42$6,000$3,500Yes
    Mike GattoDCA-43$12,900$5,700Yes
    Nancy SkinnerDCA-14$29,600$8,000Yes
    Noreen EvansDCA-7$23,350$2,000Yes
    Norma TorresDCA-61$14,378$5,000Not Voting
    Paul FongDCA-22$23,900$3,500Yes
    Pedro NavaDCA-35$3,100$6,867Yes
    Sandre SwansonDCA-16$53,500$3,500Yes
    Steven BradfordDCA-51$6,500$6,500Yes
    Ted LieuDCA-53$23,400$5,946Yes
    Tom AmmianoDCA-13$13,750$100Yes
    Tom TorlaksonDCA-11$49,600$11,650Yes
    Tony MendozaDCA-56$21,800$6,000Yes
    Warren FurutaniDCA-55$39,100$500Yes
    Wesley ChesbroDCA-1$12,833$8,500Yes
    Wilmer Amina CarterDCA-62$5,000$1,000Yes
    Juan ArambulaICA-31$0$0Yes
    Anthony AdamsRCA-59$0$0No
    Audra StricklandRCA-37$0$0No
    Bill BerryhillRCA-26$1,000$32,400No
    Brian NestandeRCA-64$8,300$4,072No
    Cameron SmythRCA-38$3,000$12,000No
    Chris NorbyRCA-72$0$6,400No
    Chuck DeVoreRCA-70$0$0No
    Connie ConwayRCA-34$1,000$5,500No
    Curt HagmanRCA-60$0$12,000No
    Dan LogueRCA-3$0$13,000No
    Danny GilmoreRCA-30$0$0No
    Diane HarkeyRCA-73$1,000$8,350No
    Jean FullerRCA-32$2,000$9,600No
    Jeff MillerRCA-71$0$9,950No
    Jim NielsenRCA-2$1,000$31,800No
    Jim SilvaRCA-67$3,900$9,300No
    Joel AndersonRCA-77$4,000$13,100No
    Kevin JeffriesRCA-66$1,000$1,750No
    Martin GarrickRCA-74$1,500$31,000No
    Mike VillinesRCA-29$0$41,509No
    Nathan FletcherRCA-75$1,500$33,908No
    Paul CookRCA-65$8,800$2,000No
    Roger NielloRCA-5$0$11,500No
    Steve KnightRCA-36$0$18,898No
    Ted GainesRCA-4$1,000$18,650No
    Tom BerryhillRCA-25$0$25,000No
    Van TranRCA-68$0$0No

    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$13,750$100Yes
    Joel AndersonRCA-77$4,000$13,100No
    Juan ArambulaICA-31$0$0Yes
    Karen BassDCA-47$18,750$42,400Yes
    Jim BeallDCA-24$18,800$1,000Yes
    Bill BerryhillRCA-26$1,000$32,400No
    Tom BerryhillRCA-25$0$25,000No
    Marty BlockDCA-78$29,700$0Yes
    Bob BlumenfieldDCA-40$14,000$7,500Yes
    Steven BradfordDCA-51$6,500$6,500Yes
    Julia BrownleyDCA-41$15,000$5,000Yes
    Joan BuchananDCA-15$26,000$7,137Not Voting
    Anna CaballeroDCA-28$27,000$2,500Yes
    Charles CalderonDCA-58$7,000$12,250Yes
    Wilmer Amina CarterDCA-62$5,000$1,000Yes
    Wesley ChesbroDCA-1$12,833$8,500Yes
    Connie ConwayRCA-34$1,000$5,500No
    Paul CookRCA-65$8,800$2,000No
    Joe CotoDCA-23$0$0Yes
    Mike DavisDCA-48$2,000$1,000Yes
    Hector De La TorreDCA-50$23,700$4,300Yes
    Kevin De LeonDCA-45$7,500$6,500Yes
    Chuck DeVoreRCA-70$0$0No
    Mike EngDCA-49$17,600$330Yes
    Noreen EvansDCA-7$23,350$2,000Yes
    Mike FeuerDCA-42$6,000$3,500Yes
    Nathan FletcherRCA-75$1,500$33,908No
    Paul FongDCA-22$23,900$3,500Yes
    Felipe FuentesDCA-39$16,000$11,000Not Voting
    Jean FullerRCA-32$2,000$9,600No
    Warren FurutaniDCA-55$39,100$500Yes
    Ted GainesRCA-4$1,000$18,650No
    Cathleen GalgianiDCA-17$9,000$23,625Yes
    Martin GarrickRCA-74$1,500$31,000No
    Mike GattoDCA-43$12,900$5,700Yes
    Danny GilmoreRCA-30$0$0No
    Curt HagmanRCA-60$0$12,000No
    Isadore HallDCA-52$6,609$16,113Yes
    Diane HarkeyRCA-73$1,000$8,350No
    Mary HayashiDCA-18$26,900$26,000Yes
    Ed HernandezDCA-57$27,920$17,774Yes
    Jerry HillDCA-19$16,400$8,576Yes
    Alyson HuberDCA-10$19,365$4,213Not Voting
    Jared HuffmanDCA-6$25,800$1,000Yes
    Kevin JeffriesRCA-66$1,000$1,750No
    Dave JonesDCA-9$147,550$47,490Yes
    Steve KnightRCA-36$0$18,898No
    Ted LieuDCA-53$23,400$5,946Yes
    Dan LogueRCA-3$0$13,000No
    Bonnie LowenthalDCA-54$41,300$6,400Yes
    Fiona MaDCA-12$8,500$15,400Yes
    Tony MendozaDCA-56$21,800$6,000Yes
    Jeff MillerRCA-71$0$9,950No
    Bill MonningDCA-27$19,850$4,500Yes
    Pedro NavaDCA-35$3,100$6,867Yes
    Brian NestandeRCA-64$8,300$4,072No
    Roger NielloRCA-5$0$11,500No
    Jim NielsenRCA-2$1,000$31,800No
    Chris NorbyRCA-72$0$6,400No
    John PerezDCA-46$59,758$46,732Yes
    Manuel PerezDCA-80$34,400$3,858Yes
    Anthony PortantinoDCA-44$24,550$10,681Yes
    Ira RuskinDCA-21$0$0Yes
    Mary SalasDCA-79$22,043$0Yes
    Lori SaldanaDCA-76$0$0Yes
    Jim SilvaRCA-67$3,900$9,300No
    Nancy SkinnerDCA-14$29,600$8,000Yes
    Cameron SmythRCA-38$3,000$12,000No
    Jose SolorioDCA-69$21,469$18,870Yes
    Audra StricklandRCA-37$0$0No
    Sandre SwansonDCA-16$53,500$3,500Yes
    Tom TorlaksonDCA-11$49,600$11,650Yes
    Norma TorresDCA-61$14,378$5,000Not Voting
    Alberto TorricoDCA-20$13,979$3,100Yes
    Van TranRCA-68$0$0No
    Mike VillinesRCA-29$0$41,509No
    Mariko YamadaDCA-8$16,800$3,000Yes

    Interest Groups that supported this bill

    $ Donated
    Other unions$461,164
    Labor unions$190,115
    Teamsters unions$183,388
    Transportation unions$115,771
    Merchant marine & longshoremen unions$95,450
    Health & welfare policy$52,347
    Nurses$22,620
    Communications & hi-tech unions$11,600
    Food service & related unions$8,000
    Manufacturing unions$2,500
    Construction & public works$0

    Interest Groups that opposed this bill

    $ Donated
    Hospitals$228,732
    Food stores$190,313
    Chambers of commerce$68,775
    Motion picture production & distribution$66,300
    Pro-business organizations$61,709
    Farm Bureau/affiliated organizations & PACs$55,209
    Retail trade$41,188
    Electrical contractors$31,850
    Truck & automotive parts and accessories$24,874
    Building materials$18,750
    Farmers, crop unspecified$500
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