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 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.begin insert The bill would not apply to violations of minimum wage requirements.end insert
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 62.1 is added to the Labor Code, to read:
(a) The Director of the Department of Industrial Relations
3or his or her deputy, in the enforcement of provisions of law under
4the department’s jurisdiction, may waive the penalties against an
5employer as provided by state law for a qualified claim, verified
6by 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 deputy,
16shall verify with the claimant whether the claim has been resolved.
17(c) This section shall not apply to a violation of minimum wage
18requirements.
Section 96.1 is added to the Labor Code, to read:
(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.
P3 1(c) This section shall not apply to a violation of minimum wage
2requirements.
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