BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 2743|
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THIRD READING
Bill No: AB 2743
Author: Assembly Labor and Employment Committee
Amended: As introduced
Vote: 21
SENATE LABOR & INDUSTRIAL RELATIONS COMMITTEE : 4-1, 6/11/14
AYES: Hueso, Leno, Padilla, Mitchell
NOES: Wyland
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 49-23, 5/1/14 - See last page for vote
SUBJECT : Employment: wages
SOURCE : Author
DIGEST : This bill allows unionized, regular short-term
theatrical employees or concert venue to pursue liquidated
damages due to non-payment of wages after discharge.
ANALYSIS :
Existing law:
1.Provides for a statute of limitations for the collection of
wages of three years and a statute of limitations for the
collection of penalties of one year, unless the statute
imposes a different statute of limitations.
CONTINUED
AB 2743
Page
2
2.Provides that, if an employer discharges an employee, the
wages earned and unpaid at the time of discharge are due and
payable immediately.
3.Exempts certain industries from the requirement of immediately
paying wages upon discharge. These include:
A. Curing, canning or drying of perishable fruit, fish, or
vegetables;
B. Temporary services employers;
C. Production or broadcasting of motion pictures;
D. Oil drilling; and
E. Employees covered by a collective bargaining agreement
who work at a venue that hosts live theatrical or concert
events and are enrolled in and routinely dispatched to
employment through a hiring hall or other system of regular
short-term employment.
1.Requires that, if an employer willfully fails to pay wages due
to an employee who is discharge or who quits, the wages of the
employee shall continue as a penalty from the due date thereof
at the same rate until paid or until an action therefor is
commenced for up to 30 days. Penalties for failure to timely
pay wages can be sought until the expiration of the statute of
limitations for the wages in which the penalties are being
sought.
2.Excludes employees covered by a collective bargaining
agreement who work at a venue that hosts live theatrical or
concert events and are enrolled in and routinely dispatched to
employment through a hiring hall or other system of regular
short-term employment from being able to receive liquidated
damages due to an employer failing to pay wages due to
discharge.
This bill allows unionized, regular short-term theatrical
employees or concert venue to pursue liquidated damages due to
non-payment of wages after discharge.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
AB 2743
Page
3
Local: No
ASSEMBLY FLOOR : 49-23, 5/1/14
AYES: Alejo, Ammiano, Atkins, Bloom, Bocanegra, Bonilla, Bonta,
Bradford, Buchanan, Ian Calderon, Campos, Chau, Chesbro,
Cooley, Dababneh, Daly, Dickinson, Fong, Fox, Frazier, Garcia,
Gatto, Gomez, Gonzalez, Gordon, Roger Hern�ndez, Holden,
Jones-Sawyer, Levine, Lowenthal, Medina, Mullin, Muratsuchi,
Nazarian, Pan, Perea, V. Manuel P�rez, Quirk, Quirk-Silva,
Rendon, Rodriguez, Skinner, Stone, Ting, Weber, Wieckowski,
Williams, Yamada, John A. P�rez
NOES: Achadjian, Allen, Bigelow, Ch�vez, Conway, Dahle,
Donnelly, Beth Gaines, Gorell, Grove, Hagman, Harkey, Jones,
Linder, Logue, Maienschein, Melendez, Nestande, Olsen,
Patterson, Wagner, Waldron, Wilk
NO VOTE RECORDED: Brown, Eggman, Gray, Hall, Mansoor,
Ridley-Thomas, Salas, Vacancy
PQ:e 6/23/14 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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