BILL NUMBER: AB 649	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Floyd

                        FEBRUARY 23, 1999

   An act to amend Section 220 of the Labor Code, relating to wages
of public employees.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 649, as introduced, Floyd.  State employee pay.
   Existing law prescribes requirements respecting employer payment
of wages, including overtime compensation, that are applicable to all
employers, other than the state, counties, cities, and other
municipal corporations.  These provisions of existing law also
prescribe penalties for violation, make certain violations
misdemeanors, and provide for enforcement by the Division of Labor
Law Enforcement of the Department of Industrial Relations and by
district attorneys and city prosecutors, as specified.
   This bill would expressly provide that wages earned by employees
of state agencies for labor performed in excess of the normal work
period shall be paid within the time specified by existing law that
requires payment to be made no later than the payday for the next
regular payroll period except as otherwise provided in an applicable
collective bargaining agreement.
   This bill would require the Division of Labor Standards
Enforcement to investigate complaints alleging state agency
violations of the bill, would require a state agency determined to be
in violation by the Labor Commissioner, after a hearing, to pay the
claimant's wage claim within 10 days, and would make the state liable
for a penalty of treble the damages accruing to the claimant as a
direct and foreseeable consequence of any failure to pay when ordered
by the Labor Commissioner.
   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 220 of the Labor Code is amended to read:
   220.   Nothing in sections 200 to 211 and  
(a) Except as provided by subdivision (b), nothing in Sections 200 to
211, inclusive, and Sections  215 to 219, inclusive, 
shall apply   applies  to the payment of wages of
employees directly employed by the  State  
state  or  by  any county,  incorporated
 city  or town   ,  or other
 municipal corporation   local governmental
entity  .  All other employments are  ,  for 
the  purposes of these sections  ,  private
employments and subject to the provisions thereof.  
   (b) Notwithstanding any other provision of law, wages earned by
employees of any agency of state government for labor performed in
excess of the normal work period shall be paid within the time
specified therefor by Section 204.  The Division of Labor Standards
Enforcement shall investigate any complaint alleging a state agency's
failure to make timely payment of overtime wages in accordance with
this subdivision, and Section 206 shall be applicable to disputes
concerning overtime wages of state employees.