AB 443

Bill Subjects

Abstract

Existing law requires an employer, semimonthly or at the time of payment of wages, to furnish an employee, an accurate, itemized, written statement containing specified information regarding the amounts earned, hours worked, and the employee's identity, among other things, subject to certain variations. Existing law entitles an employee who suffers an injury resulting from a knowing and intentional failure by an employer to comply with these requirements to recover specified damages and an award of costs and reasonable attorney's fees. Existing law establishes the Division of Labor Standards Enforcement within the Labor and Workforce Development Agency and grants to the division general enforcement authority for the Labor Code, except as specified. Existing law establishes the Labor Code Private Attorneys General Act of 2004, which authorizes aggrieved employees, subject to a prescribed process, to recover civil penalties for violations of provisions of the Labor Code that may be collected by Labor and Workforce Development Agency or any of its departments or divisions. This bill would limit attorney's fees in connection with an action for a violation of the wage information requirements described above. In this regard, if the action is brought pursuant to the Labor Code Private Attorneys General Act of 2004, and the gross judgment amount or gross settlement amount in the action is $50,000 or more, the bill would prohibit the attorney's fees from exceeding 25% of the gross judgment amount or gross settlement amount.