AB 789

Bill Subjects

Abstract

Existing law requires an employer, either semimonthly or at the time of each payment of wages, to furnish their employees with an accurate itemized wage statement showing specified information. Existing law authorizes an employee to recover for a knowing and intentional violation of that provision actual damages, or a specified alternative dollar amount, whichever is greater, and to be awarded costs and attorney's fees. Existing law authorizes an employee to also bring an action for injunctive relief to ensure compliance with that provision, and is entitled to an award of costs and reasonable attorney's fees. Existing law authorizes civil penalties of $250 per employee for violation of the above-specified provision for an initial citation and $1,000 per employee for each violation in a subsequent citation. The Labor Code Private Attorneys General Act of 2004 provides, as an alternative to civil penalties being assessed and collected by the Labor and Workforce Development Agency, that civil penalties may be recovered through a civil action brought by an aggrieved employee on behalf of themself and other employees. The act requires the employee to follow prescribed procedures before bringing an action and authorizes an employer to cure specified itemized wage statement violations within 33 days of receiving notice of the violation. This bill would require, for an action under any of the above provisions to recover for any violation of the itemized wage statement requirement, that an employee or representative give prescribed notice of the alleged violation to the employer. The bill would authorize an employer to cure the alleged violation within 65 calendar days of the postmark date of the notice. The bill would allow an action to commence only if the alleged violation is not cured within that period. The bill would exempt certain violations from these notice and cure provisions. With respect to the Labor Code Private Attorneys Generals Act, this bill would authorize an employer to cure any violation brought under the act regarding itemized wage statements by using the cure procedure described above and would extend the curing period to 65 days. This bill would also make various conforming changes in this regard.