BILL NUMBER: AB 228	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Logue

                        FEBRUARY 4, 2013

   An act to add Section 96.1 to the Labor Code, relating to
employment.



	LEGISLATIVE COUNSEL'S DIGEST


   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 1.  Section 96.1 is added to the Labor Code, to read:
   96.1.  (a) The Labor Commissioner, or his or her deputy, may waive
the penalties against an employer as provided by state law for a
qualified claim, verified by the commissioner or his or her deputy,
if both of the following conditions are met:
   (1) The commissioner, or his or her deputy, determines that the
claim is the first of its type against the employer.
   (2) The claim is resolved within 30 days of the issuance to the
employer by the commissioner, or his or her deputy, of a notice
stating that the claim has been verified and that applicable
penalties under state law will be waived if the claim is resolved
within that 30-day period. For purposes of this paragraph, the
commissioner, or his or her deputy, shall verify with the claimant
whether the claim has been resolved.
   (b) For purposes of this section, a "qualified claim" is a claim
made under Section 96.