This bill would, in addition to existing penalty provisions, make it a misdemeanor and punishable by a $1,000 to $10,000 fine and/or up to six months in jail for a person or an employer who has the ability to pay but willfully fails to pay within 90 days all wages due to an employee who has been discharged or who has quit. The bill would also require payment of restitution in an amount equal to the total unpaid wages to the aggrieved employee. The bill’s provisions do not apply if the employer disputes the employee’s entitlement to unpaid wages in a civil action or proceeding by the Labor Commissioner unless a final judgment is entered with respect to that dispute in favor of the employee.
Amends Labor Code Section 1199.6.
Enrolled and to the Governor on 09/03/10.