BILL NUMBER: AB 2187	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 24, 2010
	PASSED THE ASSEMBLY  AUGUST 25, 2010
	AMENDED IN SENATE  AUGUST 11, 2010
	AMENDED IN ASSEMBLY  MARCH 24, 2010

INTRODUCED BY   Assembly Member Arambula

                        FEBRUARY 18, 2010

   An act to add Section 1199.6 to the Labor Code, relating to
employment.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2187, Arambula. Employment: payment of wages.
   Existing law makes it a misdemeanor for a person or employer who,
having the ability to pay, willfully refuses to pay wages due to a
current employee, an employee who has resigned, or an employee who
has been discharged. Under existing law, an aggrieved employee has
the right to restitution for unpaid wages. Existing law also imposes
civil penalties against a person or employer who wrongfully fails to
pay wages.
   This bill would create a separate prohibition against a person or
an employer who, having the ability to pay, willfully fails to pay
all wages due to an employee who has been discharged or who has quit
within 90 days of the date of the wages becoming due, unless
exempted, and would impose additional criminal penalties for that
conduct. The bill would also require a person or employer who
violates these provisions to pay restitution in an amount equal to
the amount of unpaid wages to the aggrieved employee upon conviction.

   Because this bill would create a new crime, it would impose 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.  The Legislature finds and declares the following:
   (a) Many criminal fines and other penalties and California's
statutory provisions that relate to the payment of wages have not
been strengthened in decades and lag behind other jurisdictions,
which have both increased criminal penalties and enacted civil
remedies to encourage employers to pay wages promptly when due.
   (b) The development of a statutory scheme addressing the theft of
wages and imposing significant penalties for committing such theft
sends an appropriate message to prosecutors to aggressively pursue
violators and ensures that restitution of unpaid wages to aggrieved
employees is a central focus of prosecutions for theft of wages.
  SEC. 2.  Section 1199.6 is added to the Labor Code, to read:
   1199.6.  (a) In addition to any other penalty imposed, an employer
or other person acting either individually or as an officer, agent,
or employee of another person is guilty of a misdemeanor and is
punishable by a fine of not less than one thousand dollars ($1,000)
and not more than ten thousand dollars ($10,000), or by imprisonment
in a county jail for not more than six months, or by both, who,
having the ability to pay, willfully fails to pay all wages due to an
employee who has been discharged or who has quit within 90 days of
the date that those wages became due. This section does not apply if
the employee's entitlement to unpaid wages is disputed by the
employer in a civil action or proceeding by the Labor Commissioner
unless a final judgment is entered with respect to that dispute in
favor of the employee.
   (b) An employer or other person guilty of a misdemeanor under
subdivision (a) shall pay, in addition to any criminal fines,
restitution to the aggrieved employee in an amount equal to the total
amount of unpaid wages.
   (c) As used in this section, "willfully" has the same meaning as
provided in Section 7 of the Penal Code.
  SEC. 3.  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.