AB 469 - An Act to Amend Sections 98, 226, 240, 243, 1174, and 1197.1 Of, and to Add Sections 200.5, 1194.3, 1197.2, 1206, and 2810.5 To, the Labor Code, Relating to Employment.

An Act to Amend Sections 98, 226, 240, 243, 1174, and 1197.1 Of, and to Add Sections 200.5, 1194.3, 1197.2, 1206, and 2810.5 To, the Labor Code, Relating to Employment.

AB 469 — 2011-2012 Legislature

Summary

(1)Existing law authorizes the Labor Commissioner to investigate and enforce statutes and orders of the Industrial Welfare Commission that, among other things, specify the requirements for the payment of wages by employers. Existing law provides for criminal and civil penalties for violations of statutes and orders of the commission regarding payment of wages.

This bill would provide that in addition to being subject to a civil penalty, any employer who pays or causes to be paid to any employee a wage less than the minimum fixed by an order of the commission shall be subject to paying restitution of wages to the employee.

This bill would make it a misdemeanor if an employer willfully violates specified wage statutes or orders, or willfully fails to pay a final court judgment or final order of the Labor Commissioner for wages due.

(2)Existing law provides that an action by the Division of Labor Standards Enforcement within the Department of Industrial Relations for collection of a statutory penalty or fee must be commenced within one year after the penalty or fee became final.

This bill would extend the period within which the division… More

(1)Existing law authorizes the Labor Commissioner to investigate and enforce statutes and orders of the Industrial Welfare Commission that, among other things, specify the requirements for the payment of wages by employers. Existing law provides for criminal and civil penalties for violations of statutes and orders of the commission regarding payment of wages.

This bill would provide that in addition to being subject to a civil penalty, any employer who pays or causes to be paid to any employee a wage less than the minimum fixed by an order of the commission shall be subject to paying restitution of wages to the employee.

This bill would make it a misdemeanor if an employer willfully violates specified wage statutes or orders, or willfully fails to pay a final court judgment or final order of the Labor Commissioner for wages due.

(2)Existing law provides that an action by the Division of Labor Standards Enforcement within the Department of Industrial Relations for collection of a statutory penalty or fee must be commenced within one year after the penalty or fee became final.

This bill would extend the period within which the division may commence a collection action, as defined, from one year to 3 years.

(3)Existing law permits the Labor Commissioner to require an employer who has been convicted of a subsequent wage violation or who has failed to satisfy a judgment to post a bond in order to continue business operations.

This bill would extend the time required for a subsequently convicted employer to maintain a bond from 6 months to 2 years and would require that a subsequently convicted employer provide an accounting of assets, as specified, to the Labor Commissioner.

(4)Existing law requires an employer to post specified wage and hour information in a location where it can be viewed by employees.

This bill would require an employer to provide each employee, at the time of hiring, with a notice that specifies the rate and the basis, whether hourly, salary, commission, or otherwise, of the employee’s wages and to notify each employee in writing of any changes to the information set forth in the notice within 7 calendar days of the changes unless such changes are reflected on a timely wage statement or another writing, as specified. No notice would be required for an employee who is employed by the state or any subdivision thereof, exempt from the payment of overtime, or covered by a collective bargaining agreement containing specified information.

(5)In addition to the crime and employer obligations imposed by this bill, the Labor Code provides for other work-related standards and duties that, upon violation, are subject to specified penalties.

This bill would state that the Labor Code establishes minimum penalties for failure to comply with wage-related statutes and regulations.

Because this bill would create a new crime or expand the definition of a crime, it would impose a state-mandated local program.

(6)This bill would incorporate additional changes to Section 98 of the Labor Code proposed by AB 240, that would become operative only if AB 240 and this bill are both enacted, both bills become effective on or before January 1, 2012, and this bill is enacted last.

This bill would also incorporate additional changes to Section 226 of the Labor Code proposed by AB 243, that would become operative only if AB 243 and this bill are both enacted, both bills become effective on or before January 1, 2012, and this bill is enacted last.

(7)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 Amend Sections 98, 226, 240, 243, 1174, and 1197.1 Of, and to Add Sections 200.5, 1194.3, 1197.2, 1206, and 2810.5 To, the Labor Code, Relating to Employment.

Author(s)

Sandre Swanson

Co-Authors

• Jared Huffman

Subjects

• Employees: wages

Major Actions

Introduced	2/15/2011
Referred to Committee
Passed Assembly Committee on Labor and Employment	4/13/2011
Passed Assembly Committee on Judiciary	4/26/2011
Passed Assembly Committee on Appropriations	5/27/2011
Passed Assembly	6/01/2011
Passed Senate Committee on Labor and Industrial Relations	6/22/2011
Passed Senate Committee on Judiciary	7/05/2011
Passed Senate	8/31/2011
Passed Assembly	9/06/2011
Presented to the governor (enrolled)	9/19/2011
Became law (chaptered).	10/09/2011

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 Judiciary.	4/13/2011	This motion PASSED the Assembly Committee on Labor and Employment 5 voted YES 1 voted NO 1 voted present/not voting
select this vote	Assembly Committee on Judiciary	Do pass as amended and be re-referred to the Committee on Appropriations.	4/26/2011	This motion PASSED the Assembly Committee on Judiciary 6 voted YES 3 voted NO 1 voted present/not voting
select this vote	Assembly Committee on Appropriations	Do pass as amended.	5/27/2011	This motion PASSED the Assembly Committee on Appropriations 12 voted YES 5 voted NO 0 voted present/not voting
select this vote	Assembly	AB 469 SWANSON Assembly Third Reading	6/01/2011	This bill PASSED the Assembly 50 voted YES 25 voted NO 5 voted present/not voting
select this vote	Senate Committee on Labor and Industrial Relations	Do pass as amended, and re-refer to the Committee on Judiciary.	6/22/2011	This motion PASSED the Senate Committee on Labor and Industrial Relations 5 voted YES 1 voted NO 1 voted present/not voting
select this vote	Senate Committee on Judiciary	Do pass, but re-refer to the Committee on Appropriations.	7/05/2011	This motion PASSED the Senate Committee on Judiciary 3 voted YES 2 voted NO 0 voted present/not voting
select this vote	Senate	Assembly 3rd Reading AB469 Swanson By Lieu	8/31/2011	This bill PASSED the Senate 21 voted YES 14 voted NO 5 voted present/not voting
currently selected	Assembly	AB 469 SWANSON Concurrence in Senate Amendments	9/06/2011	This bill PASSED the Assembly 51 voted YES 27 voted NO 2 voted present/not voting

	Action	Date	Description
	Introduced	2/15/2011
		2/15/2011	Read first time. To print.
		2/16/2011	From printer. May be heard in committee March 18.
		3/31/2011	Referred to Coms. on L. & E. and JUD. From committee chair, with author's amendments: Amend, and re-refer to Com. on L. & E. Read second time and amended.
		4/04/2011	Re-referred to Com. on L. & E.
		4/07/2011	From committee chair, with author's amendments: Amend, and re-refer to Com. on L. & E. Read second time and amended.
		4/11/2011	Re-referred to Com. on L. & E.
select this vote	Vote	4/13/2011	Do pass and be re-referred to the Committee on Judiciary.
		4/14/2011	From committee: Do pass and re-refer to Com. on JUD. (Ayes 5. Noes 1.) (April 13). Re-referred to Com. on JUD. From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.
		4/25/2011	Re-referred to Com. on JUD.
select this vote	Vote	4/26/2011	Do pass as amended and be re-referred to the Committee on Appropriations.
		5/02/2011	From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 3.) (April 26).
		5/03/2011	Read second time and amended.
		5/04/2011	Re-referred to Com. on APPR.
		5/18/2011	In committee: Set, first hearing. Referred to APPR. suspense file.
		5/27/2011	From committee: Do pass as amended. (Ayes 12. Noes 5.) (May 27). Read second time and amended. Ordered to second reading.
select this vote	Vote	5/27/2011	Do pass as amended.
		5/31/2011	Read second time. Ordered to third reading.
		6/01/2011	Read third time. Passed. Ordered to the Senate. (Ayes 50. Noes 25. Page 1725.)
		6/01/2011	In Senate. Read first time. To Com. on RLS. for assignment.
select this vote	Assembly Vote on Passage	6/01/2011	AB 469 SWANSON Assembly Third Reading
		6/08/2011	Referred to Coms. on L. & I.R. and JUD.
		6/14/2011	From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on L. & I.R.
select this vote	Vote	6/22/2011	Do pass as amended, and re-refer to the Committee on Judiciary.
		6/23/2011	From committee: Do pass as amended and re-refer to Com. on JUD. (Ayes 5. Noes 1.) (June 22).
		6/27/2011	Read second time and amended. Re-referred to Com. on JUD.
select this vote	Vote	7/05/2011	Do pass, but re-refer to the Committee on Appropriations.
		7/06/2011	From committee: Do pass and re-refer to Com. on APPR. (Ayes 3. Noes 2.) (July 5). Re-referred to Com. on APPR.
		7/12/2011	From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.
		8/15/2011	From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.
		8/16/2011	Read second time. Ordered to third reading.
		8/29/2011	Read third time and amended. Ordered to second reading.
		8/30/2011	Read second time. Ordered to third reading.
		8/31/2011	Read third time. Passed. Ordered to the Assembly. (Ayes 21. Noes 14. Page 2203.).
select this vote	Senate Vote on Passage	8/31/2011	Assembly 3rd Reading AB469 Swanson By Lieu
		9/01/2011	In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 3 pursuant to Assembly Rule 77.
		9/06/2011	Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 51. Noes 27. Page 2907.).
currently selected	Assembly Vote on Passage	9/06/2011	AB 469 SWANSON Concurrence in Senate Amendments
		9/19/2011	Enrolled and presented to the Governor at 1:30 p.m.
		10/09/2011	Approved by the Governor.
		10/09/2011	Chaptered by Secretary of State - Chapter 655, Statutes of 2011.