BILL NUMBER: AB 3062	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 5, 2008
	PASSED THE ASSEMBLY  MAY 8, 2008

INTRODUCED BY   Committee on Labor and Employment (Swanson (Chair),
DeSaulnier, Fuentes, Laird, Leno, and Ruskin)

                        MARCH 3, 2008

   An act to amend Section 2929 of the Labor Code, relating to
employment.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 3062, Committee on Labor and Employment. Employment:
termination: garnishment of wages.
   Under existing law, an employer may not terminate an employee
because garnishment of an employee's wages has been threatened or an
employee's wages have been subjected to garnishment for the payment
of one judgment.
   This bill would prohibit an employer from terminating an employee
because garnishment of the employee's wages has been threatened or
the employee's wages have been subjected to garnishment.


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

  SECTION 1.  Section 2929 of the Labor Code is amended to read:
   2929.  (a) As used in this section:
   (1) "Garnishment" means a judicial procedure through which the
wages of an employee are required to be withheld for the payment of a
debt.
   (2) "Wages" has the same meaning as that term has under Section
200.
   (b) No employer may discharge an employee by reason of the fact
that the garnishment of his or her wages has been threatened. No
employer may discharge an employee by reason of the fact that his or
her wages have been subjected to garnishment. A provision of a
contract of employment that provides an employee with less protection
than is provided by this subdivision is against public policy and
void.
   (c) Unless the employee has greater rights under the contract of
employment, the wages of an employee who is discharged in violation
of this section shall continue until reinstatement notwithstanding
his or her discharge, but his or her wages shall not continue for
more than 30 days and shall not exceed the amount of wages earned
during the 30 calendar days immediately preceding the date of the
levy of execution upon the employee's wages which resulted in his or
her discharge. The employee shall give notice to his or her employer
of his or her intention to make a wage claim under this subdivision
within 30 days after being discharged; and, if he or she desires to
have the Labor Commissioner take an assignment of his or her wage
claim, the employee shall file a wage claim with the Labor
Commissioner within 60 days after being discharged. The Labor
Commissioner may take assignment of wage claims under this
subdivision as provided for in Section 96. A discharged employee
shall not recover wages under this subdivision if a criminal
prosecution based on the same discharge has been commenced for
violation of Section 304 of the Consumer Credit Protection Act of
1968 (15 U.S.C. Sec. 1674).
   (d) Nothing in this section affects any other right the employee
may have against his or her employer.
   (e) This section is intended to aid in the enforcement of the
prohibition against discharge for garnishment of earnings provided in
the Consumer Credit Protection Act of 1968 (15 U.S.C. Secs.
1671-1677) and shall be interpreted and applied in a manner which is
consistent with the corresponding provisions of that act.