BILL NUMBER: SB 242	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Wyland

                        FEBRUARY 12, 2013

   An act to amend Section 2699 of the Labor Code, relating to
employment.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 242, as introduced, Wyland. Employees: civil penalties.
   Under existing law, the Labor Code Private Attorneys General Act
of 2004, a provision providing for a civil penalty to be assessed and
collected by the Labor and Workforce Development Agency or any of
its departments, divisions, commissions, boards, agencies, or
employees, for a violation of certain provisions affecting employees,
may, as an alternative, be recovered through a civil action brought
by an aggrieved employee on behalf of himself or herself and other
current or former employees pursuant to specified procedures.
   This bill would make nonsubstantive changes to the provision
referenced above.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 2699 of the Labor Code is amended to read:
   2699.  (a) Notwithstanding any other  provision of
 law, any provision of this code  that provides
  providing  for a civil penalty to be assessed and
collected by the Labor and Workforce Development Agency or any of
its departments, divisions, commissions, boards, agencies, or
employees, for a violation of this code, may, as an alternative, be
recovered through a civil action brought by an aggrieved employee on
behalf of himself or herself and other current or former employees
pursuant to the procedures specified in Section 2699.3.
   (b) For purposes of this part, "person" has the same meaning as
defined in Section 18.
   (c) For purposes of this part, "aggrieved employee" means any
person who was employed by the alleged violator and against whom one
or more of the alleged violations was committed.
   (d) For purposes of this part, "cure" means that the employer
abates each violation alleged by any aggrieved employee, the employer
is in compliance with the underlying statutes as specified in the
notice required by this part, and any aggrieved employee is made
whole.
   (e) (1) For purposes of this part, whenever the Labor and
Workforce Development Agency, or any of its departments, divisions,
commissions, boards, agencies, or employees, has discretion to assess
a civil penalty, a court is authorized to exercise the same
discretion, subject to the same limitations and conditions, to assess
a civil penalty.
   (2) In any action by an aggrieved employee seeking recovery of a
civil penalty available under subdivision (a) or (f), a court may
award a lesser amount than the maximum civil penalty amount specified
by this part if, based on the facts and circumstances of the
particular case, to do otherwise would result in an award that is
unjust, arbitrary and oppressive, or confiscatory.
   (f) For all provisions of this code except those for which a civil
penalty is specifically provided, there is established a civil
penalty for a violation of these provisions, as follows:
   (1) If, at the time of the alleged violation, the person does not
employ one or more employees, the civil penalty is five hundred
dollars ($500).
   (2) If, at the time of the alleged violation, the person employs
one or more employees, the civil penalty is one hundred dollars
($100) for each aggrieved employee per pay period for the initial
violation and two hundred dollars ($200) for each aggrieved employee
per pay period for each subsequent violation.
   (3) If the alleged violation is a failure to act by the Labor and
Workplace Development Agency, or any of its departments, divisions,
commissions, boards, agencies, or employees, there shall be no civil
penalty.
   (g) (1) Except as provided in paragraph (2), an aggrieved employee
may recover the civil penalty described in subdivision (f) in a
civil action pursuant to the procedures specified in Section 2699.3
filed on behalf of himself or herself and other current or former
employees against whom one or more of the alleged violations was
committed. Any employee who prevails in any action shall be entitled
to an award of reasonable attorney's fees and costs.  Nothing
in this   This  part shall  not  operate
to limit an employee's right to pursue or recover other remedies
available under state or federal law, either separately or
concurrently with an action taken under this part.
   (2)  No   An  action shall  not
 be brought under this part for any violation of a posting,
notice, agency reporting, or filing requirement of this code, except
where the filing or reporting requirement involves mandatory payroll
or workplace injury reporting.
   (h)  No   An  action  may
  shall not  be brought under this section by an
aggrieved employee if the agency or any of its departments,
divisions, commissions, boards, agencies, or employees, on the same
facts and theories, cites a person within the timeframes set forth in
Section 2699.3 for a violation of the same section or sections of
the Labor Code under which the aggrieved employee is attempting to
recover a civil penalty on behalf of himself or herself or others or
initiates a proceeding pursuant to Section 98.3.
   (i) Except as provided in subdivision (j), civil penalties
recovered by aggrieved employees shall be distributed as follows: 75
percent to the Labor and Workforce Development Agency for enforcement
of labor laws and education of employers and employees about their
rights and responsibilities under this code, to be continuously
appropriated to supplement and not supplant the funding to the agency
for those purposes; and 25 percent to the aggrieved employees.
   (j) Civil penalties recovered under paragraph (1) of subdivision
(f) shall be distributed to the Labor and Workforce Development
Agency for enforcement of labor laws and education of employers and
employees about their rights and responsibilities under this code, to
be continuously appropriated to supplement and not supplant the
funding to the agency for those purposes.
   (k)  Nothing contained in this part is   This
part is not  intended to alter or otherwise affect the
exclusive remedy provided by the workers' compensation provisions of
this code for liability against an employer for the compensation for
any injury to or death of an employee arising out of and in the
course of employment.
   (  l  ) The superior court shall review and approve any
penalties sought as part of a proposed settlement agreement pursuant
to this part.
   (m) This section shall not apply to the recovery of administrative
and civil penalties in connection with the workers' compensation law
as contained in Division 1 (commencing with Section 50) and Division
4 (commencing with Section 3200), including, but not limited to,
Sections 129.5 and 132a.
   (n) The agency or any of its departments, divisions, commissions,
boards, or agencies may promulgate regulations to implement 
the provisions of  this part.