McGeorge Adjunct Professor Chris Micheli

Assembly Bill 673 was authored by Assemblymember Wendy Carrillo. It was signed into law by Governor Gavin Newsom on October 10 and enacted as Chapter 716.

The bill contains one section which provides several amendments to Labor Code Section 210. The purpose of this provision of law is to provide penalties for the failure to pay wages to workers in the state of California.

First, the bill adds a new category of failure to pay wages that are subject to this penalty in Labor Code Section 210. Second, the bill removes the description of a civil penalty. Third, it provides that the penalties may be recovered under Labor Code Section 210, either by the employee as a statutory penalty or by the Labor Commissioner as a civil penalty through its citation process. The procedures for issuing, contesting and enforcing judgments for these citations issued by the Labor Commissioner are set forth in existing law and the same as. Fourth, this new law specifies that an employee can only recover the statutory penalties provided in Section 210 or to enforce a civil penalty under the Private Attorneys General Act, PAGA statute, but not for both, for the same violation of the Labor Code.

You can find a full transcript of today’s podcast here.