BILL NUMBER: AB 2258	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Nakanishi

                        FEBRUARY 19, 2004

   An act to amend Section 226 of the Labor Code, relating to
employment.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2258, as introduced, Nakanishi.  Employment:  payment of wages.

   Existing law requires that every employer, semimonthly or at the
time of each payment of wages, furnish each of his or her employees,
either as a detachable part of the check, draft, or voucher paying
the employee's wages, or separately when wages are paid by personal
check or cash, an itemized statement in writing showing, among other
things, the name of the employee and his or her social security
number.  Existing law makes any employer who knowingly and
intentionally violates that law guilty of a misdemeanor.
   This bill would instead require that the itemized statement show,
among other things, the name of the employee and the last four digits
only of the employee's social security number.  Because a knowing
and intentional violation of this new requirement would be a
misdemeanor under existing law, this bill would impose a
state-mandated local program.
   The bill would also make several technical, nonsubstantive changes
to that provision.
  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.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  yes.
State-mandated local program:  yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 226 of the Labor Code is amended to read:
   226.  (a)  (1)  Every employer shall, semimonthly or at
the time of each payment of wages, furnish each of  his or
her   the employer's  employees, either as a
detachable part of the check, draft, or voucher paying the employee's
wages, or separately when wages are paid by personal check or cash,
an accurate itemized statement in writing showing  (1) gross
  all of the following:
   (A) Gross wages earned  , (2) total   .

   (B) Total  hours worked by the employee, except for any
employee whose compensation is solely based on a salary and who is
exempt from payment of overtime under subdivision (a) of Section 515
or any applicable order of the Industrial Welfare Commission 
, (3) the   .
   (C) The  number of piece-rate units earned and any applicable
piece rate if the employee is paid on a piece-rate basis  ,
(4) all   .
   (D) All  deductions, provided that all deductions made on
written orders of the employee may be aggregated and shown as one
item  , (5) net   .
   (E) Net  wages earned  , (6) the  .
   (F) The  inclusive dates of the period for which the employee
is paid , (7) the   .
   (G) The  name of the employee and  his or her
  the last four digits only of the employee's 
social security number  , (8) the  .
   (H) The  name and address of the legal entity that is the
employer  , and (9) all   .
   (I) All  applicable hourly rates in effect during the pay
period and the corresponding number of hours worked at each hourly
rate by the employee.  
   (2)  The deductions made from payments of wages shall be
recorded in ink or other indelible form, properly dated, showing the
month, day, and year  , and a   .  A  copy
of the statement or a record of the deductions shall be kept on file
by the employer for at least three years at the place of employment
or at a central location within the State of California.
   (b) An employer that is required by this code or any regulation
adopted pursuant to this code to keep the information required by
subdivision (a) shall afford current and former employees the right
to inspect or copy the records pertaining to that current or former
employee, upon reasonable request to the employer.  
   (1)  The employer may take reasonable steps to assure the
identity of a current or former employee.  
   (2)  If the employer provides copies of the records, the
actual cost of reproduction may be charged to the current or former
employee.  
   (c)  
   (3)  An employer who receives a written or oral request to
inspect or copy records  pursuant to subdivision (b)
 pertaining to a current or former employee shall comply
with the request as soon as practicable, but no later than 21
calendar days from the date of the request.  
   (A) An employer may designate the person to whom a request under
this subdivision will be made.
   (B)  A violation of this  subdivision  
paragraph  is an infraction. Impossibility of performance, not
caused by or a result of a violation of law, shall be an affirmative
defense for an employer in any action alleging a violation of this
subdivision.   An employer may designate the person to whom a
request under this subdivision will be made.  
   (d)  
   (c)  This section does not apply to any employer of any
person employed by the owner or occupant of a residential dwelling
whose duties are incidental to the ownership, maintenance, or use of
the dwelling, including the care and supervision of children, or
whose duties are personal and not in the course of the trade,
business, profession, or occupation of the owner or occupant.

   (e)  
   (d)  An employee suffering injury as a result of a knowing
and intentional failure by an employer to comply with subdivision (a)
is entitled to recover the greater of all actual damages or fifty
dollars ($50) for the initial pay period in which a violation occurs
and one hundred dollars ($100) per employee for each violation in a
subsequent pay period, not exceeding an aggregate penalty of four
thousand dollars ($4,000), and is entitled to an award of costs and
reasonable attorney's fees.  
   (f)  
   (e)  A failure by an employer to permit a current or former
employee to inspect or copy records within the time set forth in
subdivision (c) entitles the current or former employee or the Labor
Commissioner to recover a seven hundred fifty dollar ($750) penalty
from the employer.  
   (g)  
   (f)  An employee may also bring an action for injunctive
relief to ensure compliance with this section, and is entitled to an
award of costs and reasonable attorney's fees.  
   (h)  
   (g)  This section does not apply to the state, or any city,
county, city and county, district, or any other governmental entity.

  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.