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CA SB1468
Bill
AI Summary
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Amends Section 2699 of the Labor Code to allow civil penalties for Labor Code violations to be recovered through private lawsuits by aggrieved employees as an alternative to enforcement by the Labor and Workforce Development Agency.
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Establishes civil penalties for Labor Code violations where no penalty is specifically provided: $500 for employers with no employees, and $100 per aggrieved employee per pay period for initial violations (increasing to $200 per pay period for subsequent violations) for employers with employees.
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Distributes recovered civil penalties with 75 percent going to the Labor and Workforce Development Agency for enforcement and education, and 25 percent going to aggrieved employees, except that penalties from non-employer violations go entirely to the agency.
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Requires superior court review and approval of any penalties sought in proposed settlement agreements and prevents duplicate enforcement actions where the agency has already cited the same violation within specified timeframes.
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Excludes from private enforcement lawsuits violations involving posting, notice, agency reporting, or filing requirements, except for mandatory payroll or workplace injury reporting requirements.
Legislative Description
Employment: private enforcement.
Last Action
From committee without further action.
11/30/2016