BILL NUMBER: AB 514	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member De Leon

                        FEBRUARY 24, 2009

   An act to amend Section 212 of the Labor Code, relating to
employment.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 514, as introduced, De Leon. Employment: wages.
   Existing law prohibits the use of specified instruments for the
payment of wages.
   This bill would make nonsubstantive changes to that provision.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 212 of the Labor Code is amended to read:
   212.  (a) No person, or agent or officer thereof, shall issue in
payment of wages due, or to become due, or as an advance on wages to
be earned  any of the following  :
   (1)  Any   An  order, check, draft,
note, memorandum, or other acknowledgment of indebtedness, unless it
is negotiable and payable in cash, on demand, without discount, at
some established place of business in the state, the name and address
of which must appear on the instrument, and at the time of its
issuance and for a reasonable time thereafter, which must be at least
30 days, the maker or drawer has sufficient funds in, or credit,
arrangement, or understanding with  ,  the drawee for its
payment.
   (2) Any scrip, coupon, cards, or other thing redeemable, in
merchandise or purporting to be payable or redeemable otherwise than
in money.
   (b)  Where   If  an instrument mentioned
in subdivision (a) is protested or dishonored, the notice or
memorandum of protest or dishonor is admissible as proof of
presentation, nonpayment  ,  and protest and is presumptive
evidence of knowledge of insufficiency of funds or credit with the
drawee.
   (c) Notwithstanding paragraph (1) of subdivision (a), if the
drawee is a bank, the bank's address need not appear on the
instrument and, in that case, the instrument shall be negotiable and
payable in cash, on demand, without discount, at any place of
business of the drawee chosen by the person entitled to enforce the
instrument.