AB 228, as introduced, Logue. Labor Commissioner: employee claims.
Under existing law, the Labor Commissioner or his or her representatives are authorized to take assignments of certain claims for enforcement, including claims for an employee’s loss of wages due to demotion, suspension, or discharge by the employer for lawful conduct occurring during nonworking hours away from the employer’s premises.
This bill would authorize the commissioner, or his or her deputies, to waive any penalties against an employer if the employer resolves the claim within 30 days of receiving a notice, as specified, from the commissioner.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 96.1 is added to the Labor Code, to read:
(a) The Labor Commissioner, or his or her deputy, may
3waive the penalties against an employer as provided by state law
4for a qualified claim, verified by the commissioner or his or her
5deputy, if both of the following conditions are met:
P2 1(1) The commissioner, or his or her deputy, determines that the
2claim is the first of its type against the employer.
3(2) The claim is resolved within 30 days of the issuance to the
4employer by the commissioner, or his or her deputy, of a notice
5stating that the claim has been verified and that applicable penalties
6under state law will be waived if the claim is resolved within that
730-day period. For purposes of this paragraph, the commissioner,
8or
his or her deputy, shall verify with the claimant whether the
9claim has been resolved.
10(b) For purposes of this section, a “qualified claim” is a claim
11made under Section 96.
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