AB 2187 Arambula
This bill would, in addition to existing penalty provisions, have made 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 have also required payment of restitution in an amount equal to the total unpaid wages to the aggrieved employee.
Vetoed on 9/23/10. In his veto message, the Governor stated:
“AB 2187 would create a new criminal prohibition against a person or an employer who, having the ability to pay, willfully fails to pay all wages to an employee who has been discharged or who has quit within 90 days of the date of the wages becoming due.
The bill contains an exemption for instances in which the employee’s entitlement to unpaid wages is disputed by the employer in a civil action or proceeding by the Labor Commissioner unless there is a final judgment in favor of the employee. Waiting time penalties and defined timeframes for the payment of final wages currently exist in California law, as do mechanisms for enforcement of these obligations. Therefore, this bill is unnecessary.
For this reason, I am returning this bill without my signature.”