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CA AB594

Bill

Status

Passed

10/10/2023

Primary Sponsor

Brian Maienschein

Click for details

Origin

State Assembly

2023-2024 Session

AI Summary

  • Authorizes public prosecutors (district attorneys, city attorneys, county counsel, and the Attorney General) to independently prosecute civil or criminal violations of specified Labor Code provisions until January 1, 2029.

  • Requires recovered moneys to be applied first to payments owed to affected workers, with civil penalties paid to the state General Fund unless otherwise specified.

  • Prohibits individual agreements between workers and employers from limiting representative actions or mandating private arbitration in enforcement actions by public prosecutors or the Labor Commissioner.

  • Expands enforcement of willful misclassification of independent contractors to include the Labor Commissioner and public prosecutors, who may investigate violations, issue citations, and recover penalties as damages payable to employees.

  • Establishes civil penalties of $5,000-$15,000 per violation for willful misclassification, or $10,000-$25,000 per violation if a pattern or practice exists, and requires violators to post notices on their websites or workplaces for one year.

Legislative Description

Labor Code: alternative enforcement.

Last Action

Chaptered by Secretary of State - Chapter 659, Statutes of 2023.

10/10/2023

Committee Referrals

Appropriations7/12/2023
Judiciary6/28/2023
Labor, Public Employment and Retirement6/7/2023
Rules5/26/2023
Appropriations4/18/2023
Judiciary4/13/2023
Labor and Employment3/16/2023

Full Bill Text

No bill text available