California Legislature—2015–16 Regular Session

Assembly Bill No. 588

Introduced by Assembly Member Grove

February 24, 2015

An act to amend Section 2699.5 of the Labor Code, relating to employment.

LEGISLATIVE COUNSEL’S DIGEST

AB 588, as introduced, Grove. Labor Code Private Attorneys General Act of 2004.

The Labor Code Private Attorneys General Act of 2004 authorizes an aggrieved employee to bring a civil action to recover specified civil penalties, that would otherwise be assessed and collected by the Labor and Workforce Development Agency, on behalf of the employee and other current or former employees for the violation of certain provisions affecting employees. The act provides the employer with the right to cure certain violations before the employee may bring a civil action, as specified. For other violations, the act requires the employee to follow specified procedures before bringing an action.

Existing law requires an employer to provide its employees with specified information regarding their wages either semimonthly or at the time of each wage payment and provides that the employer does not have the right to cure a violation of that requirement before an employee may bring a civil action under the act.

This bill would provide an employer with the right to cure a violation of that wage statement law requirement before an employee may bring a civil action under the act. The bill would also delete obsolete provisions of law.

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 2699.5 of the Labor Code is amended to
read:

2699.5.  

The provisions of subdivision (a) of Section 2699.3
apply to any alleged violation of the following provisions:
subdivision (k) of Section 96, Sections 98.6, 201, 201.3, 201.5,
201.7, 202, 203, 203.1, 203.5, 204, 204a, 204b, 204.1, 204.2, 205,
205.5, 206, 206.5, 208, 209, and 212, subdivision (d) of Section
213, Sections 221, 222, 222.5, 223, and 224, begin delete subdivision (a) of
Section 226, end delete Sections 226.7, 227, 227.3, 230, 230.1, 230.2, 230.3,
230.4, 230.7, 230.8, and 231, subdivision (c) of Section 232,
subdivision (c) of Section 232.5, Sections 233, 234, 351, 353, and
403, subdivision (b) of Section 404, Sections 432.2, 432.5, 432.7,
435, 450, 510, 511, 512, 513, 551, 552, 601, 602, 603, 604, 750,
751.8, 800, 850, 851, 851.5, 852, 921, 922, 923, 970, 973, 976,
1021, 1021.5, 1025, 1026, 1101, 1102, 1102.5, and 1153,
subdivisions (c) and (d) of Section 1174, Sections 1194, 1197,
1197.1, 1197.5, and 1198, subdivision (b) of Section 1198.3,
Sections 1199, 1199.5, 1290, 1292, 1293, 1293.1, 1294, 1294.1,
1294.5, 1296, 1297, 1298, 1301, 1308, 1308.1, 1308.7, 1309,
1309.5, 1391, 1391.1, 1391.2, 1392, 1683, and 1695, subdivision
(a) of Section 1695.5, Sections 1695.55, 1695.6, 1695.7, 1695.8,
1695.9, 1696, 1696.5, 1696.6, 1697.1, 1700.25, 1700.26, 1700.31,
1700.32, 1700.40, and 1700.47, begin delete paragraphs (1), (2), and (3) of
subdivision (a) of, and subdivision (e) of, Section 1701.4,
subdivision (a) of Section 1701.5, end delete Sections begin delete 1701.8, 1701.10,
1701.12, end delete 1735, 1771, 1774, 1776, 1777.5, 1811, 1815, 2651, and
2673, subdivision (a) of Section 2673.1, Sections 2695.2, 2800,
2801, 2802, 2806, and 2810, subdivision (b) of Section 2929, and
Sections 3095, 6310, 6311, and 6399.7.