BILL NUMBER: AB 2743 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 4, 2014
PASSED THE ASSEMBLY MAY 1, 2014
INTRODUCED BY Committee on Labor and Employment (Assembly Members
Roger Hernández (Chair), Alejo, Chau, and Holden)
FEBRUARY 27, 2014
An act to amend Section 203 of the Labor Code, relating to
employment.
LEGISLATIVE COUNSEL'S DIGEST
AB 2743, Committee on Labor and Employment. Employment: wages.
Existing law authorizes specified employees working in the
entertainment industry and their employers to enter into a collective
bargaining agreement to establish a time limit for payment of wages
after an employee is discharged or laid off.
Existing law imposes civil penalties on an employer who willfully
fails to pay wages, in accordance with specified provisions, for an
employee who is discharged or who quits. Existing law authorizes
civil action for those penalties.
This bill would apply the civil penalty and suit provision to the
violation of a time limit for payment of wages established pursuant
to that collective bargaining agreement provision.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 203 of the Labor Code is amended to read:
203. (a) If an employer willfully fails to pay, without abatement
or reduction, in accordance with Sections 201, 201.3, 201.5, 201.9,
202, and 205.5, any wages of an employee who is discharged or who
quits, the wages of the employee shall continue as a penalty from the
due date thereof at the same rate until paid or until an action
therefor is commenced; but the wages shall not continue for more than
30 days. An employee who secretes or absents himself or herself to
avoid payment to him or her, or who refuses to receive the payment
when fully tendered to him or her, including any penalty then accrued
under this section, is not entitled to any benefit under this
section for the time during which he or she so avoids payment.
(b) Suit may be filed for these penalties at any time before the
expiration of the statute of limitations on an action for the wages
from which the penalties arise.