BILL NUMBER: AB 228	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 11, 2013

INTRODUCED BY   Assembly Member Logue

                        FEBRUARY 4, 2013

   An act to add  Section   Sections 62.1 and
 96.1 to the Labor Code, relating to employment.


	LEGISLATIVE COUNSEL'S DIGEST


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

   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. 
   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  both  the  director and
the  commissioner, or  his or her   their
 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 62.1 is added to the  
Labor Code   , to read:  
   62.1.  (a) The Director of the Department of Industrial Relations
or his or her deputy, in the enforcement of provisions of law under
the department's jurisdiction, may waive the penalties against an
employer as provided by state law for a qualified claim, verified by
the director or his or her deputy, if both of the following
conditions are met:
   (1) The director, 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 director, 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.
   (b) For purposes of this section, the director, or his or her
deputy, shall verify with the claimant whether the claim has been
resolved. 
   SECTION 1.   SEC. 2.   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.