BILL NUMBER: AB 1133 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 15, 2003
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
, up to a maximum of 4 times . 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 part 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.
In no case shall the initial award be doubled more than four
times.
(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.