BILL NUMBER: AB 1506	INTRODUCED
	BILL TEXT


INTRODUCED BY   Committee on Labor and Employment (Assembly Members
Roger Hernández (Chair), Chu, Low, McCarty, and Thurmond)

                        MARCH 4, 2015

   An act to amend Section 203.1 of the Labor Code, relating to
employment.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1506, as introduced, Committee on Labor and Employment. Wages:
theatrical employees.
   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 a civil penalty on an employer who pays an
employee by a check, draft, or voucher that is refused payment
because it is drawn on a nonexistent account or on an account that
has insufficient funds, as specified.
   This bill would apply the civil penalty provision for payment of
employee wages with insufficient funds to an employer who employs
specified employees working in the entertainment industry.
   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 203.1 of the Labor Code is amended to read:
   203.1.  If an employer pays an employee in the regular course of
employment or in accordance with Section 201, 201.3, 201.5, 201.7,
 201.9,  or 202 any wages or fringe benefits, or both, by
check, draft or voucher, which check, draft or voucher is
subsequently refused payment because the employer or maker has no
account with the bank, institution, or person on which the instrument
is drawn, or has insufficient funds in the account upon which the
instrument is drawn at the time of its presentation, so long as the
same is presented within 30 days of receipt by the employee of the
check, draft or voucher, those wages or fringe benefits, or both,
shall continue as a penalty from the due date thereof at the same
rate until paid or until an action therefor is commenced. However,
those wages and fringe benefits shall not continue for more than 30
days and this penalty shall not apply if the employer can establish
to the satisfaction of the Labor Commissioner or an appropriate court
of law that the violation of this section was unintentional. This
penalty also shall not apply in any case in which an employee
recovers the service charge authorized by Section 1719 of the Civil
Code in an action brought by the employee thereunder.