California Governor Arnold Schwarzenegger has vetoed AB 2187, which would have created a prohibition against a person or an employer who, having the ability to pay, willfully fails to pay all wages due to an employee who has been discharged or who has quit within 90 days of the date of the wages becoming due, unless exempted, and would impose additional criminal penalties for that conduct.
Existing law makes it a misdemeanor for a person or employer who, having the ability to pay, willfully refuses to pay wages due to a current employee, an employee who has resigned, or an employee who has been discharged. Under existing law, an aggrieved employee has the right to restitution for unpaid wages. Existing law also imposes civil penalties against a person or employer who wrongfully fails to pay wages. AB 2187 would create a separate prohibition against a person or an employer who, having the ability to pay, willfully fails to pay all wages due to an employee who has been discharged or who has quit within 90 days of the date of the wages becoming due, unless exempted, and would impose additional criminal penalties for that conduct. The bill would also require a person or employer who violates these provisions to pay restitution in an amount equal to the amount of unpaid wages to the aggrieved employee upon conviction.
It would have added a new section 1199.6 to the Labor Code, to read:
1199.6. (a) In addition to any other penalty imposed, an employer
or other person acting either individually or as an officer, agent,
or employee of another person is guilty of a misdemeanor and is
punishable by a fine of not less than one thousand dollars ($1,000)
and not more than ten thousand dollars ($10,000), or by imprisonment
in a county jail for not more than six months, or by both, who,
having the ability to pay, willfully fails to pay all wages due to an
employee who has been discharged or who has quit within 90 days of
the date that those wages became due. This section does not apply if
the employee's entitlement to unpaid wages is disputed by the
employer in a civil action or proceeding by the Labor Commissioner
unless a final judgment is entered with respect to that dispute in
favor of the employee.
(b) An employer or other person guilty of a misdemeanor under
subdivision (a) shall pay, in addition to any criminal fines,
restitution to the aggrieved employee in an amount equal to the total
amount of unpaid wages.
(c) As used in this section, "willfully" has the same meaning as
provided in Section 7 of the Penal Code.
The Governor's veto message reads:
I am returning Assembly Bill (AB) 2187 without my signature.
AB 2187 would create a new criminal prohibition against a person or an employer who, having the ability to pay, willfully fails to pay all wages to an employee who has been discharged or who has quit within 90 days of the date of the wages becoming due. The bill contains an exemption for instances in which the employee’s entitlement to unpaid wages is disputed by the employer in a civil action or proceeding by the Labor Commissioner unless there is a final judgment in favor of the employee.
Waiting time penalties and defined timeframes for the payment of final wages currently exist in California law, as do mechanisms for enforcement of these obligations. Therefore, this bill is unnecessary.
For this reason, I am returning this bill without my signature
Thus, while employers who don't exploit their employees are unaffected by the bill or the veot, the worst of California's worst employers can sleep a little easier at night, not that it matters that much. Nobody prosecutes these cases in the first place.
The journey of life there are many, Are also well, Who are busy day for harvest, Can harvest has also bitter sweet. Both are rich people are poor, Jack is difficult to buy fitness, So I hope you always happy.
Posted by: Jordan Spizike | October 20, 2010 at 08:41 PM
Hey, I’ve found a valuable legal resource that covers BUSINESS, DUI, BANKRUPTCY, CONSTRUCTION ACCIDENT, and CRIMINAL DEFENSE, PERSONAL INJURY & a lot more aspects; have a look @ http://www.suttonlawgroup.com.
Posted by: Aiesha Akaisha | October 28, 2010 at 05:35 AM
I know this is really boring and you are skipping to the next comment, but I just wanted to throw you a big thanks - you cleared up some things for me!
Posted by: christian louboutin | November 14, 2010 at 07:18 PM
Planting vegetation beneath ground level windows can make it quite a bit more hard for criminals to break into like that.
Posted by: home security hardware | February 03, 2011 at 03:21 AM
UO UO UO UO....BECAUSE OF YOU,I AM AFRAID....I LOSE THE WAY....
Posted by: Louis Vuitton Bags | February 14, 2011 at 12:10 AM
The surest way of spoiling a pleasure is to start examining your satisfaction.
Posted by: Air Jordan | February 21, 2011 at 04:47 PM
At 9 or 10 on the scale, the anger has led to major problems/crime. Maybe they are in prison for some crime committed during an outburst of anger. They may need major deliverance from an obvious demonic problem.
Posted by: cheap supra shoes | April 18, 2011 at 01:02 AM
International security and intelligence forces have been training their covert operatives for many years in the science of body language.
Posted by: motion sensors | May 10, 2011 at 05:02 AM
These information helps me consider some useful things, keep up the good work.
Posted by: jordan 11 | June 11, 2011 at 12:11 AM
Labor code was something before. Today it is very hard to work. Hope things will change soon.
Posted by: sizegenetics | July 20, 2011 at 06:41 AM
It appears that we have our leading lady for the Spider-Man reboot and her name is Emma Stone. Stone has been offered the role of Mary Jane and since she has a reputation with Sony chances are she is taking it. I honestly like Stone and she has that sort or sarcasm and cockiness I would expect from Mary Jane.
Posted by: nike shox shoes outlet | August 22, 2011 at 02:53 AM
Labor code was something before. Today it is very hard to work. Hope things will change soon.
Posted by: lacoste 2010 | August 26, 2011 at 08:39 PM
I did a little research on the topic and found that most people agree with your blog. Thanks.
Posted by: christian louboutin replicas | August 30, 2011 at 07:12 PM
I know its quit technical issues that need to be solve and apparently with your information I found it very helpful with people having the same issues. Thank you.
Posted by: ugg boots on sale | August 31, 2011 at 01:28 AM
I came to your article from another article and am really interested in this learning about this, I feel strongly about information and love learning more on this. If possible, as you gain expertise, It is extremely helpful for me. would you mind updating your blog with more information?
Posted by: golf clubs | August 31, 2011 at 01:35 AM
All people deserve good life and loan or student loan will make it much better. Just because people's freedom depends on money.
Posted by: GarciaSonia28 | September 03, 2011 at 09:39 AM
Does this effect the non compensation that slaves didn't get?
Posted by: Sizegenetics Review | October 05, 2011 at 11:20 PM