Amended in Assembly March 11, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 228

Introduced by Assembly Member Logue

February 4, 2013

An act to addbegin delete Sectionend deletebegin insert Sections 62.1 andend insert 96.1 to the Labor Code, relating to employment.

LEGISLATIVE COUNSEL’S DIGEST

AB 228, as amended, Logue. Labor Commissioner: employee claims.

begin insert

Existing law provides for the Director of the Department of Industrial Relations within the Labor and Workforce Development Agency to oversee and assist the divisions under its jurisdiction with the enforcement of provisions of law related to private employment, including claims for wage and hour violations and occupational safety violations.

end insert

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 authorizebegin insert bothend insert thebegin insert director and theend insert commissioner, orbegin delete his or herend deletebegin insert theirend insert 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:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 62.1 is added to the end insertbegin insertLabor Codeend insertbegin insert, to read:end insert

begin insert
2

begin insert62.1.end insert  

(a) The Director of the Department of Industrial
3Relations or his or her deputy, in the enforcement of provisions of
4law under the department’s jurisdiction, may waive the penalties
5against an employer as provided by state law for a qualified claim,
6verified by the director or his or her deputy, if both of the following
7conditions are met:

8(1) The director, or his or her deputy, determines that the claim
9is the first of its type against the employer.

10(2) The claim is resolved within 30 days of the issuance to the
11employer by the director, or his or her deputy, of a notice stating
12that the claim has been verified and that applicable penalties under
13state law will be waived if the claim is resolved within that 30-day
14period.

15(b) For purposes of this section, the director, or his or her
16deputy, shall verify with the claimant whether the claim has been
17resolved.

end insert
18

begin deleteSECTION 1.end delete
19begin insertSEC. 2.end insert  

Section 96.1 is added to the Labor Code, to read:

20

96.1.  

(a) The Labor Commissioner, or his or her deputy, may
21waive the penalties against an employer as provided by state law
22for a qualified claim, verified by the commissioner or his or her
23deputy, if both of the following conditions are met:

24(1) The commissioner, or his or her deputy, determines that the
25claim is the first of its type against the employer.

26(2) The claim is resolved within 30 days of the issuance to the
27employer by the commissioner, or his or her deputy, of a notice
28stating that the claim has been verified and that applicable penalties
29under state law will be waived if the claim is resolved within that
3030-day period. For purposes of this paragraph, the commissioner,
31or his or her deputy, shall verify with the claimant whether the
32claim has been resolved.

33(b) For purposes of this section, a “qualified claim” is a claim
34made under Section 96.


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