California 2017-2018 Regular Session Status: Passed Assembly 1 D cosponsors

AB 2613 — Failure to pay wages: penalties.

Last action — Ordered to inactive file at the request of Assembly Member Reyes.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2017-2018 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law provides for a civil penalty, in addition to, and entirely independent and apart from other penalties, on every person who fails to pay the wages of each employee, as specified, and requires the Labor Commissioner to recover that penalty. Existing law requires that a specified percentage of the penalty recovered under that provision be paid into a fund within the Labor and Workforce Development Agency dedicated to educating employers about state labor laws and that the remainder be paid into the State Treasury to the credit of the General Fund. This bill would repeal those provisions and instead make an employer or other person acting on behalf of an employer, as described, who fails to pay specified wages of each employee subject to a penalty of $200, payable to each affected employee, per pay period where the wages due are not paid on time, as specified. The bill would provide that the additional penalty does not apply to the failure to pay the final wages of an employee who is discharged or quits. Existing law makes an employer or other person acting individually or as an officer, agent, or employee of another person who fails to pay or causes a failure to pay an employee a wage less than the minimum wage subject to citation by the Labor Commissioner, a civil penalty, restitution of wages, liquidated damages, and certain other applicable penalties. This bill would specify that those remedies also apply when an employer or other person acting individually or as an officer, agent, or employee of another person fails to pay or causes a failure to pay an employee the regular wages owed to that employee when due. The bill would make other related conforming changes.

Bill Text

Action History

  1. Ordered to inactive file at the request of Assembly Member Reyes.

  2. Read third time and amended. Ordered to third reading. (Page 5363.)

  3. Read second time. Ordered to third reading.

  4. From committee: Do pass. (Ayes 12. Noes 4.) (May 25).

  5. In committee: Set, first hearing. Referred to APPR. suspense file.

  6. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (April 18). Re-referred to Com. on APPR.

  7. Re-referred to Com. on L. & E.

  8. From committee chair, with author's amendments: Amend, and re-refer to Com. on L. & E. Read second time and amended.

  9. In committee: Set, first hearing. Hearing canceled at the request of author.

  10. Referred to Com. on L. & E.

  11. From printer. May be heard in committee March 18.

  12. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 2 voted No

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Do pass.

Passed 12 Yea · 4 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 9301
Democratic 3000
Republican 0100
Total 12401
% of votes cast 71%24%0%6%
How each member voted (17)
Member Party Vote
Bigelow — Nay
Bloom — Yea
Brough — Not Voting
Eggman — Yea
Gonzalez Fletcher — Yea
Friedman — Yea
Fong — Nay
Chau — Yea
Nazarian — Yea
Obernolte — Nay
Quirk — Yea
Eduardo Garcia — Yea
Wendy Carrillo — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Gallagher, James Republican Nay

Official roll call →

Subjects

labor
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Frequently asked questions

What does AB 2613 do?
Existing law provides for a civil penalty, in addition to, and entirely independent and apart from other penalties, on every person who fails to pay the wages of each employee, as specified, and requires the Labor Commissioner to recover that penalty. Existing law requires that a specified percentage of the penalty recovered under that provision be paid into a fund within the Labor and Workforce Development Agency dedicated to educating employers about state labor laws and that the remainder be paid into the State Treasury to the credit of the General Fund. This bill would repeal those provisions and instead make an employer or other person acting on behalf of an employer, as described, who fails to pay specified wages of each employee subject to a penalty of $200, payable to each affected employee, per pay period where the wages due are not paid on time, as specified. The bill would provide that the additional penalty does not apply to the failure to pay the final wages of an employee who is discharged or quits. Existing law makes an employer or other person acting individually or as an officer, agent, or employee of another person who fails to pay or causes a failure to pay an employee a wage less than the minimum wage subject to citation by the Labor Commissioner, a civil penalty, restitution of wages, liquidated damages, and certain other applicable penalties. This bill would specify that those remedies also apply when an employer or other person acting individually or as an officer, agent, or employee of another person fails to pay or causes a failure to pay an employee the regular wages owed to that employee when due. The bill would make other related conforming changes.
Who sponsors AB 2613?
AB 2613 is sponsored by Reyes, Eloise Gómez (Democratic).
What is the current status of AB 2613?
This bill died with 2017-2018 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 2613?
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