SB 919

Bill Subjects

Abstract

Existing law authorizes the Labor Commissioner to investigate employee complaints and enforce statutes and orders of the Industrial Welfare Commission that, among other things, specify the requirements for the payment of wages by employers. Under existing law, the Labor Commissioner is authorized to provide for a hearing for an action to recover wages, penalties, and other demands for compensation, as specified. Existing law requires a party who receives actual notice of a wage dispute claim before the Labor Commissioner to notify the commissioner in writing of any change in the party's business or personal address, as specified, for purposes of being served with a notice of hearing on the matter. Existing law prohibits a default from being taken against a defendant that fails to appear or answer within the time allowed, and requires the Labor Commissioner to hear the evidence offered and issue an order, decision, or award in accordance with the evidence. This bill would provide that a party that has failed, without just and substantial cause, to timely provide the above-described change of address information is subject to repayment of treble the amount of all costs incurred by the opposing party in attempting to perfect service. The bill would allow for a default to be taken against a defendant that has willfully evaded service of process to avoid responsibility for unpaid wages or penalties, under specified circumstances. The bill also would make various technical, nonsubstantive changes to the above provisions.