BILL NUMBER: AB 1133	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 25, 2003
	AMENDED IN SENATE  JULY 17, 2003
	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, a penalty equal to the amount of the judgment is applied, and
 the judgment then doubles   this penalty is
applied  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   yes  . 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
part remains unsatisfied for a period of six months after the time to
appeal therefrom has expired or any appeal therefrom has been
concluded, a penalty equal to the amount of the judgment shall be
applied.
   (b) Thereafter, for each additional six-month period the judgment
remains unsatisfied,  the amount of the judgment is again
doubled as a penalty   an additional penalty equal to
the amount of the first penalty shall be applied  .  In no case
shall the  initial award be doubled   penalty be
applied  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.  
   (c) The amount of any penalty awarded under this section that
remains after costs of collection have been paid shall be distributed
to the employees owed wages pursuant to the underlying judgment, in
proportion to the wages owed. 
   (d) The penalty provided in this section is in addition to any
applicable interest provided for under existing law.