California 2019-2020 Regular Session Status: In Committee 1 R cosponsors

AB 443 — Wage records: private attorney general actions: attorney's fees.

Last action — From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

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

This bill died with 2019-2020 Regular Session. It reached “In Committee” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 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.

Bill Text

Action History

  1. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

  2. Died pursuant to Art. IV, Sec. 10(c) of the Constitution.

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

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

  5. Referred to Coms. on L. & E. and JUD.

  6. From printer. May be heard in committee March 14.

  7. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

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"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

Subjects

labor
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Frequently asked questions

What does AB 443 do?
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.
Who sponsors AB 443?
AB 443 is sponsored by Flora, Heath (Republican).
What is the current status of AB 443?
This bill died with 2019-2020 Regular Session. It reached “In Committee” 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 443?
Track AB 443 free on One Click Politics — get push/email alerts when it moves.

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