BILL NUMBER: AB 469	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Swanson

                        FEBRUARY 15, 2011

   An act to amend Section 1197.1 of the Labor Code, relating to
employment.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 469, as introduced, Swanson. Wages: civil penalties.
   Existing law requires that employees be paid no less than the
minimum wage set by the Industrial Welfare Commission, and declares
that the payment of a less wage than the minimum so fixed is
unlawful. Existing law provides that any employer or other person
acting either individually or as an officer, agent, or employee of
another person, who pays or causes to be paid to any employee a wage
less than the minimum fixed by an order of the commission is subject
to a specified civil penalty.
   This bill would make nonsubstantive changes to those provisions.
   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 1197.1 of the Labor Code is amended to read:
   1197.1.  (a) Any employer or other person acting either
individually or as an officer, agent, or employee of another person,
who pays or causes to be paid to any employee a wage less than the
minimum fixed by an order of the commission shall be subject to a
civil penalty as follows:
   (1) For any initial violation that is intentionally committed, one
hundred dollars ($100) for each underpaid employee for each pay
period for which the employee is underpaid.
   (2) For each subsequent violation for the same specific offense,
two hundred fifty dollars ($250) for each underpaid employee for each
pay period for which the employee is underpaid regardless of whether
the initial violation is intentionally committed.
   (b) If, upon inspection or investigation, the Labor Commissioner
determines that a person has paid or caused to be paid a wage less
than the minimum, the Labor Commissioner may issue a citation to the
person in violation. The citation may be served personally or by
registered mail in accordance with subdivision (c) of Section 11505
of the Government Code.  Each   The Labor
Commissioner shall issue each  citation  shall be
 in writing and shall describe the nature of the violation,
including reference to the statutory provision alleged to have been
violated. The Labor Commissioner promptly shall take all appropriate
action, in accordance with this section, to enforce the citation and
to recover the civil penalty assessed in connection with the
citation.
   (c)  (1)    If a person desires to contest a
citation or the proposed assessment of a civil penalty therefor, the
person shall, within 15 business days after service of the citation,
notify the office of the Labor Commissioner that appears on the
citation of his or her request for an informal hearing. The Labor
Commissioner or his or her deputy or agent shall, within 30 days,
hold a hearing at the conclusion of which the citation or proposed
assessment of a civil penalty shall be affirmed, modified, or
dismissed. 
   The 
    (2)     The  decision of the Labor
Commissioner shall consist of a notice of findings, findings, and an
order, all of which shall be served on all parties to the hearing
within 15 days after the hearing by regular first-class mail at the
last known address of the party on file with the Labor Commissioner.
Service shall be completed pursuant to Section 1013 of the Code of
Civil Procedure. Any amount found due by the Labor Commissioner as a
result of a hearing  shall become   is  due
and payable 45 days after notice of the findings and written
findings and order have been mailed to the party assessed. A writ of
mandate may be taken from this finding to the appropriate superior
court. The party shall pay any judgment and costs ultimately rendered
by the court against the party for the assessment. The writ shall be
taken within 45 days of service of the notice of findings, findings,
and order thereon.
   (d) A person to whom a citation has been issued shall, in lieu of
contesting a citation pursuant to this section, transmit to the
office of the Labor Commissioner designated on the citation the
amount specified for the violation within 15 business days after
issuance of the citation.
   (e) When no petition objecting to a citation or the proposed
assessment of a civil penalty is filed, a certified copy of the
citation or proposed civil penalty may be filed by the Labor
Commissioner in the office of the clerk of the superior court in any
county in which the person assessed has or had a place of business.
The clerk, immediately upon the filing, shall enter judgment for the
state against the person assessed in the amount shown on the citation
or proposed assessment of a civil penalty.
   (f) When findings and the order thereon are made affirming or
modifying a citation or proposed assessment of a civil penalty after
hearing, a certified copy of these findings and the order entered
thereon may be entered by the Labor Commissioner in the office of the
clerk of the superior court in any county in which the person
assessed has property or in which the person assessed has or had a
place of business. The clerk, immediately upon the filing, shall
enter judgment for the state against the person assessed in the
amount shown on the certified order.
   (g) A judgment entered pursuant to this section shall bear the
same rate of interest and shall have the same effect as other
judgments and be given the same preference allowed by the law on
other judgments rendered for claims for taxes. The clerk shall make
no charge for the service provided by this section to be performed by
him or her.
   (h) The civil penalties provided for in this section are in
addition to any other penalty provided by law.
   (i) This section shall not apply to any order of the commission
relating to household occupations.