Wage Law

The following are some Assembly Bills, potentially of interest to wage and hour attorneys, that were passed in 2008, but were vetoed by Governor Arnold Schwarzenegger:
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AB 124 - Price - Meal and rest periods.
This bill would have extended protections afforded to employees covered by an order of the Industrial Welfare Commission to pool lifeguards and stage assistants who employed in the public sector. The bill specified that pool lifeguards and stage assistants employed by a city, county, or special district, shall not be required to work during any meal and rest period required for non-exempt employees under existing law.   The bill specified that if the public sector employer failed to provide a meal or rest period, the employer shall pay the employee one additional hour of pay at the employee’s regular rate of compensation.  In addition, the bill specified that should these requirements be in conflict with the provisions of a memorandum of understanding (MOU) reached between an employer and a recognized employee organization, the provisions of the MOU shall control.
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AB 435 – Brownley - Wage discrimination: gender.
This bill would have required that all employers maintain their records of wages, wage rates, job classifications, and other terms and conditions of employment for five years, and would have extended the statute of limitations for a civil action to collect back wages to 4 years, or, in the case of willful misconduct, to 5 years. 
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AB 448 – Arambula - Compensation recovery actions: liquidated damages.
This bill would have allowed employees to recover liquidated damages in complaints brought before the Labor Commissioner alleging payments of less than the state minimum wage.  Specifically, this bill would have ensured that an employee received liquidated damages in an amount equal to the wages unlawfully unpaid and interest thereon when seeking to recover unpaid minimum wages by filing a complaint with the Labor Commissioner; which is what is currently available to those employees choosing to file a civil action to recover unpaid minimum wages. This bill would have made sure that workers received the same relief for minimum wage violations regardless of whether they pursued their claims administratively or through the courts.
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AB 504 – Swanson - Lockouts.
Would have required restitution for employees whose employer commits specified crimes during a lockout.  Specifically, the bill would have required a private employer convicted of a crime involving fraud, misrepresentation, or misconduct during (and in furtherance of) a lockout to make restitution to the locked-out employees of any wages and benefits, including interest thereon, they would have received had there been no lockout.  The bill would not have applied to the state, its subdivisions, or any city, county, city and county, or special district.
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AB 537 – Swanson - Family and medical leave.
This bill would have increased the circumstances under which an employee is entitled to protected leave pursuant to the California Family Rights Act (CFRA).  Specifically, this bill would have (1) eliminated the age and dependency elements from the definition of “child,” thereby permitting an employee to take protected leave to care for his or her independent adult child suffering from a serious health condition, (2) expanded the definition of “parent” to include an employee’s parent-in-law and, (3) permitted an employee to also take leave to care of a seriously ill grandparent, sibling, grandchild, or domestic partner, as defined.
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AB 628 – Price - Meal and rest periods: pool lifeguards.
This bill would have extended protections afforded to employees covered by an order of the Industrial Welfare Commission to pool lifeguards who are employed in the public sector. The bill specified that pool lifeguards employed by a city, county, or special district shall not be required to work during any meal and rest period required for non-exempt employees under existing law.   The bill specified that if the employer failed to provide a meal or rest period, the employer would have to pay the employee one additional hour of pay at the employee’s regular rate of compensation for each workday that the meal or rest period was not provided.  In addition, the bill specified that if these requirements were in conflict with the provisions of a memorandum of understanding (MOU) reached between an employer and a recognized employee organization, the provisions of the MOU shall control. This bill was very similar to AB 124 (Price) from the previous year which addressed meal and rest period requirements for both pool lifeguards and stage assistants, however, this bill targets only pool lifeguards.
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AB 1112 – Torrico - School district and community college district bonds.
Re-referred to Com. on  RLS. pursuant to Senate Rule 29.10.  Re-referred to  committee on Education.
This bill was amended, became a school bond-related bill, and was vetoed by the Governor, but as heard by the Senate Labor Committee it would have required the director of the Department of Industrial Relations to regularly post on the department’s website all available prevailing wage rates on residential projects that are public works, as defined in Labor Code §1720.  This requirement would have applied to those rates that are established by DIR on or after January 1, 2007.
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AB 1666 – Price - Meal and rest periods: stage assistants.
This bill would have extended protections afforded to employees covered by an order of the Industrial Welfare Commission to stage assistants who are employed in the public sector. The bill specified that stage assistants employed by a city, county, or special district shall not be required to work during any meal and rest period required for non-exempt employees under existing law.   The bill specified that if the employer failed to provide a meal or rest period, the employer would have to pay the employee one additional hour of pay at the employee’s regular rate of compensation for each workday that the meal or rest period was not provided.  In addition, the bill specified that if these requirements were in conflict with the provisions of a memorandum of understanding (MOU) reached between an employer and a recognized employee organization, the provisions of the MOU shall control. This bill was very similar to AB 124 (Price) from the previous year which addressed meal and rest period requirements for both pool lifeguards and stage assistants; however, this bill targets only stage assistants.
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AB 1707 – Committee on Labor and Employment. - Private employment: employment records.
This bill would have revised requirements of existing law concerning an employee’s right to inspect personnel records.  Specifically, this bill would have required employers to maintain employment records for a specified time and to provide inspection and copies within a specified time to current and former employees or their representatives.  In addition, this bill would have authorized employees to recover a $750 penalty from an employer for failure to provide access to personnel records and to bring an action to obtain compliance, and it would have provided that a violation of these provisions would have constituted an infraction.
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AB 1709 – Hancock - Local government: community facilities districts.
Re-referred to Com. on  RLS. pursuant to Senate Rule 29.10. Re-referred to Com. on  Local Government.
This bill was amended, became a community facilities districts-related bill, and was vetoed by the Governor, but as heard in the Senate Labor Committee it would have required the Labor and Workforce Development Agency (LWDA) to submit a report to the Legislature by March 1st of each year concerning the effectiveness of the Economic and Employment Enforcement Coalition.
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AB 1710 – Swanson - Temporary services employees: wages.
This bill would have required that temporary services employers, with certain exceptions, pay their employees weekly, regardless of when the assignment ends, as well as hold both the client and the temporary services employer or leasing employer either jointly or severally liable for damages, unless the client secures payment of worker’s compensation for all employees, including the employees of a temporary services employer or leasing employer.
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AB 2002 – De Leon - Public works: payments.
This bill would have:
• Increased the penalty on contractors and subcontractors from $50 to $100 per day per worker, plus interest from the date of violation as provided and determined by the Labor Commissioner, for failure to pay prevailing wage rates;
• Increased the penalty on contractors and subcontractors from $25 to $50 per day per worker, plus interest from the date of violation, for failure to provide payroll records, as specified;
• Provided that a contractor is not subject to a penalty assessment due to the failure of a subcontractor to comply with the requirement to supply awarding bodies and/or the public with the required payroll records unless the contractor had knowledge, or should have had knowledge, of the failure of a subcontractor to comply with the requirement.
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AB 2369 – Fuentes - Apprenticeship programs: prevailing wage enforcement.
Would have provided that an awarding body (i.e., a local or state agency letting contracts/funds for public works) that implements a labor compliance program shall, with the approval of the Chief of the Division of Apprenticeship Standards, assist the Director of Department of Industrial Relations in the enforcement of specified provisions of law [L.C. Sections 1777.5 & 1777.6] related to the employment of apprentices on public works projects.
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AB 2386 - Nunez - Employment: Agricultural labor.
This bill, as originally heard in the Senate Labor Committee, would have required the annual report filed by the Agricultural Labor Relations Board to include information concerning the status of the Agricultural Employee Relief Fund.  The bill, however, was significantly amended to provide for a new collective bargaining representational election process.  The final language would have mandated a representational election upon the collection of signed cards by 50% of employees of a farm labor employer and would have established a procedure for a regular ballot booth election and a “mediated election.”  A mediated election was defined as a representative election that is mediated by a neutral mediator and that permits a bargaining unit to either select a labor organization as its representative for collective bargaining purposes without holding a ballot booth election or to choose to hold a ballot booth election.
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AB 3062 – Committee on Labor and Employment. - Employment: termination: garnishment of wages.
This bill would have prohibited the termination of an employee because garnishment of an employee’s wages has been threatened or ordered in one or more instances.