Roderick Wright
- Democratic
Author
Existing law requires every employer, semimonthly or at the time of each payment of wages, to furnish each employee an accurate itemized statement in writing showing specified information, including, among other things, the name of the employee and the last 4 digits of his or her social security number or an employee identification number, the gross wages earned, all deductions, net wages earned, the inclusive dates of the period for which the employee is paid, and the name and address of the legal entity that is the employer and, if the employer is a farm labor contractor, as defined, the name and address of the legal entity that secured the services of the employer. Existing law provides that an employee suffering injury as a result of a knowing and intentional failure by an employer to comply with this requirement is entitled to recover the greater of all actual damages or a specified sum, not exceeding an aggregate penalty of $4,000, and is entitled to an award of costs and reasonable attorney's fees. This bill would provide that an employee is deemed to suffer injury for purposes of the above-referenced penalty if the employer fails to provide a wage statement. The bill would also provide that an employee is deemed to suffer injury for that penalty if the employer fails to provide accurate and complete information, as specified, and the employee cannot promptly and easily determine from the wage statement alone the amount of the gross or net wages paid to the employee during the pay period or other specified information, the deductions the employer made from the gross wages to determine the net wages paid to the employee during the pay period, the name and address of the employer or legal entity that secured the services of the employer, and the name of the employee and only the last 4 digits of his or her social security number or an employee identification number other than a social security number, as specified. This bill would incorporate changes to Section 226 of the Labor Code proposed by AB 1744 and AB 2674, to be operative only if this bill and either or both of these bills are chaptered and became effective on or before January 1, 2013, and this bill is chaptered last.
Chaptered by Secretary of State. Chapter 843, Statutes of 2012.
Approved by the Governor.
Enrolled and presented to the Governor at 4 p.m.
Assembly amendments concurred in. (Ayes 24. Noes 11. Page 4978.) Ordered to engrossing and enrolling.
In Senate. Concurrence in Assembly amendments pending.
Read third time. Passed. (Ayes 50. Noes 29. Page 6332.) Ordered to the Senate.
Ordered to third reading.
Read third time and amended. (Page 6168.)
Ordered to third reading.
Read third time and amended. (Page 5952.)
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 5. Noes 2.) (June 20).
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 25. Noes 12. Page 3639.) Ordered to the Assembly.
Read second time and amended. Ordered to third reading.
From committee: Do pass as amended. (Ayes 4. Noes 1. Page 3459.) (May 8).
From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
Set for hearing May 8.
From committee: Do pass and re-refer to Com. on JUD. (Ayes 4. Noes 0. Page 3122.) (April 11). Re-referred to Com. on JUD.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on L. & I.R.
Set for hearing April 11.
From printer. May be acted upon on or after March 25.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB1255 | HTML |
| 02/23/12 - Introduced | |
| 03/29/12 - Amended Senate | |
| 04/30/12 - Amended Senate | |
| 05/15/12 - Amended Senate | |
| 08/16/12 - Amended Assembly | |
| 08/23/12 - Amended Assembly | |
| 08/31/12 - Enrolled | |
| 09/30/12 - Chaptered |
| Document | Format |
|---|---|
| No related documents. |
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