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CA SB1255

Bill

Status

Passed

9/30/2012

Primary Sponsor

Roderick Wright

Click for details

Origin

Senate

2011-2012 Session

AI Summary

  • Establishes that employees are automatically deemed to suffer injury if employers fail to provide wage statements or provide inaccurate/incomplete information that prevents employees from easily determining gross wages, net wages, deductions, employer identity, or employee identification details.

  • Sets penalties of $50 for the initial pay period violation and $100 per employee for subsequent violations, with a maximum aggregate penalty of $4,000, plus actual damages and attorney's fees.

  • Requires employers to respond to employee requests to inspect or copy employment records within 21 calendar days, with violations resulting in a $750 penalty for each instance of non-compliance.

  • Clarifies that "knowing and intentional failure" excludes isolated, unintentional payroll errors from clerical or inadvertent mistakes; employers with established compliance policies may use this as a mitigating factor.

  • For temporary services employers, requires wage statements to include the rate of pay for each assignment and total hours worked for each legal entity beginning July 1, 2013.

Legislative Description

Employee compensation: itemized statements.

Last Action

Chaptered by Secretary of State. Chapter 843, Statutes of 2012.

9/30/2012

Committee Referrals

Judiciary4/11/2012
Labor and Industrial Relations3/8/2012
Rules2/23/2012

Full Bill Text

No bill text available