BILL NUMBER: AB 1133 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 25, 2003
INTRODUCED BY Assembly Member Koretz
FEBRUARY 21, 2003
An act to add Section 241 to the Labor Code, relating to
employment.
LEGISLATIVE COUNSEL'S DIGEST
AB 1133, as amended, Koretz. Employment.
Under existing law, an employee or the Labor Commissioner may
bring an action against an employer for nonpayment of wages and
penalties . An employee who brings this action is entitled to
recover costs and attorney's fees.
This bill would provide that if a judgment for unpaid wages
or penalties remains unsatisfied for 6 months after the
judgment becomes final, the amount of the judgment doubles, and then
doubles again for each additional 6-month period the judgment remains
unsatisfied. An employee or the Labor Commissioner may recover
costs and attorney's fees for enforcing a judgment under this
provision.
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 241 is added to the Labor Code, to read:
241. (a) If any judgment for nonpayment of wages or
penalties entered against an employer for a violation of any
provision of this article remains unsatisfied for a period of six
months after the time to appeal therefrom has expired or any appeal
therefrom has been concluded, the amount of the judgment is doubled.
(b) Thereafter, for each additional six-month period the judgment
remains unsatisfied, the amount of the judgment is again doubled.
(c) The court shall award costs and reasonable attorney's fees to
the judgment creditor or the Labor Commissioner as assignee of the
judgment creditor who enforces a judgment entered pursuant to this
section.