BILL NUMBER: AB 2075	CHAPTERED
	BILL TEXT

	CHAPTER  224
	FILED WITH SECRETARY OF STATE  AUGUST 1, 2008
	APPROVED BY GOVERNOR  AUGUST 1, 2008
	PASSED THE SENATE  JULY 14, 2008
	PASSED THE ASSEMBLY  MAY 15, 2008
	AMENDED IN ASSEMBLY  APRIL 15, 2008

INTRODUCED BY   Assembly Member Fuentes

                        FEBRUARY 19, 2008

   An act to amend Section 206.5 of the Labor Code, relating to
employment.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2075, Fuentes. Wages: execution of release of claim or right.
   Existing law prohibits an employer from requiring the execution of
a release of a claim or right on account of wages due, or to become
due, or made as an advance on wages to be earned unless payment of
those wages has been made. Under existing law, it is a misdemeanor
for an employer to violate the prohibition and a release required or
executed in violation of the prohibition is null and void.
   This bill would define execution of a release to include requiring
an employee, as a condition of being paid, to execute a statement of
the hours he or she worked during a pay period which the employer
knows to be false and would make additional technical, nonsubstantive
changes. By adding to what is included within the prohibition of an
execution of a release, the bill would expand the crime resulting
from a violation of that prohibition, thereby imposing 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.



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

  SECTION 1.  Section 206.5 of the Labor Code is amended to read:
   206.5.  (a) An employer shall not require the execution of a
release of a claim or right on account of wages due, or to become
due, or made as an advance on wages to be earned, unless payment of
those wages has been made. A release required or executed in
violation of the provisions of this section shall be null and void as
between the employer and the employee. Violation of this section by
the employer is a misdemeanor.
   (b) For purposes of this section, "execution of a release"
includes requiring an employee, as a condition of being paid, to
execute a statement of the hours he or she worked during a pay period
which the employer knows to be false.
  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.