There are several new wage and hour laws that were passed in 2019. They include the following:
AB 673. Prior law provided for a civil penalty (on top of any other penalties) on every person who failed to pay each employee the wages that were due to the employee. The prior law also included a requirement that prohibited different wage pays based on the sex of the employee – as referenced in the California Labor Code.
The new law gives an employee who wasn’t paid his/her wages the right to file an action against the employer to recover specific penalties set forth in the statute. The new law removes “the authority for the Labor Commissioner to recover civil penalties in an independent civil action.” The law gives employees the right to choose (they must choose) whether to seek statutory penalties or to seek civil penalties.
The statutory penalties in the new law are:
- $100 for each failure by the employer to pay the employee
- $200 (plus 25%) of the amount illegally withheld – for subsequent violations and for intentional or willful violations
The Labor Commissioner can also bring an action against the employer in addition to the statutory or civil penalty actions.
SB 688 gives the Labor Commissioner the authority to file claims against employers who fail to pay their employees the full amount the employee is due.
Under the prior law, the Labor Commissioner could issue a citation against an employer who failed to pay employee wages (up to the minimum wage) for – payment of the wages, a civil penalty, liquidated damages, and other penalties that applied.
The new law gives the Labor Commissioner the right to seek the same damages if the employer fails to pay contracted for wages – even if the wages are above minimum wage.
The law also changes how the Labor Commissioner controls how the damages are distributed.
Effective July 1, 2010, the California minimum wage will increase to $12 an hour or $13 an hour depending on the number of employees. The minimum salary for certain workers will also change.
If you are not getting the wage and hour pay you deserve, call the Law Offices of Stephen Danz & Associates at online contact form.or complete our