California Governor Jerry Brown signed two bills earlier this week intended to clarify California’s wage laws. The first of these bills, A.B. 2074, clarifies the statute of limitations to file suit for liquidated damages in relation to a violation of California’s minimum wage payment law. Specifically, existing law allows an employee to bring a civil lawsuit against an employer for the unpaid balance of wages/compensation owed to that individual, as well as to recover liquidated damages equal to unpaid wages plus interest in an action alleging payment less than California’s minimum wage. The recent bill goes one step further to clarify that the suit for liquidated damages may be filed at any time before the statute of limitation runs for the underlying claim of payment of less than the state minimum wage. The current statute of limitations for such a claim under California law is generally three years. The Bill Analysis associated with A.B. 2074 suggests that the bill was needed to clarify the period to file suit for liquidated damages because at least one California Court of Appeal had found a one year statute of limitations for such claim. The second of these bills, A.B. 2743, addresses employees working in the entertainment industry who, pursuant to Section 201.9 of the California Labor Code, work under a collective bargaining agreement mandating a time limit for the payment of wages after discharge or lay-off. The bill acknowledges that existing law imposes civil penalties against an employer who willfully fails to pay wages to a discharged or resigning employee in accordance with specific provisions of the Labor Code. Additionally, the law allows for employees to bring a civil action for such penalties. The section of the law allowing for such suit and civil penalties, however, failed to incorporate violations of Section 201.9. Accordingly, A.B. 2743 adds reference to Section 201.9 and extends the civil penalty and suit provisions to situations wherein an employer violates the time limit for payment of wages established pursuant to a collective bargaining agreement.
RELATED ARTICLES
California Supreme Court Adds New Employer Obligations for Meal and Rest Breaks
May 26, 2022 | Currents - Employment Law
In a Blow to the Transportation Industry, Ninth Circuit Overturns AB 5 Injunction
April 30, 2021 | Currents - Employment Law
Unexpected Side Effect: Breach of Contract Claims Related to COVID-19 Commissions
November 20, 2020 | Currents - Employment Law
California Adopts New Exemptions from AB 5 Independent Contractor Classification
September 9, 2020 | Currents - Employment Law
Motorin’: CAFA Removal Upheld, California Wage and Hour Class Action Dismissed
August 26, 2020 | Currents - Employment Law, Workplace Culture and Conduct, Employment Lessons
California Supreme Court Adds New Employer Obligations for Meal and Rest Breaks
May 26, 2022 | Currents - Employment Law
In a Blow to the Transportation Industry, Ninth Circuit Overturns AB 5 Injunction
April 30, 2021 | Currents - Employment Law
Unexpected Side Effect: Breach of Contract Claims Related to COVID-19 Commissions
November 20, 2020 | Currents - Employment Law
California Adopts New Exemptions from AB 5 Independent Contractor Classification
September 9, 2020 | Currents - Employment Law
Motorin’: CAFA Removal Upheld, California Wage and Hour Class Action Dismissed
August 26, 2020 | Currents - Employment Law, Workplace Culture and Conduct, Employment Lessons
Outbreak of COVID-19 Public Nuisance Cases Continues
August 7, 2020 | Currents - Employment Law, Employee Health Issues
Public Nuisance Claims Emerge In COVID-19 Workplace Litigation Filings
June 19, 2020 | Currents - Employment Law, Employee Health Issues
COVID-19 Related Workplace Litigation Picks Up Steam
June 12, 2020 | Currents - Employment Law, Employee Health Issues
Brain Freeze: California Federal Court Rejects Ice Cream Shop’s CAFA Removal
May 29, 2020 | Currents - Employment Law
California Creates Workers’ Compensation Presumption of Coverage for COVID-19 Illnesses
May 8, 2020 | Currents - Employment Law, Employee Health Issues
California Appellate Court Finds Open-Ended Pay-When-Paid Clause Unenforceable
May 1, 2020 | Construction Law, Contracts
Salaried-Basis Employees in the World of Temporary COVID-19 Furloughs
April 3, 2020 | Currents - Employment Law, Fair Labor Standards Act, Department of Labor
Bonus! DOL Opinion Letters Clarify Regular Rate Calculation for Workplace Perks
March 30, 2020 | Currents - Employment Law
California Cracks Down on Independent Contractor Status in Gig Economy
September 19, 2019 | Currents - Employment Law, Employment Lessons
California Supreme Court Rejects Workplace Arbitration Agreement
September 13, 2019 | Currents - Employment Law, Employment Lessons
California Court Rejects Motion To Arbitrate PAGA Claim Under State Labor Code
August 16, 2019 | Currents - Employment Law, Employment Lessons
Federal De Minimis Rule Does Not Apply To California State Wage and Hour Claims
July 11, 2019 | Currents - Employment Law, Employment Lessons
New Expense Reimbursement Requirements in Illinois Leave Employers Guessing
January 22, 2019 | Currents - Employment Law
Common Sense Prevails in California Wage Victory, Falters in PAGA Action
August 15, 2018 | Employment Lessons, Currents - Employment Law
E is for Equal Pay: Pay Data Reporting And The Shifting Meaning Of “Equal Work”
July 5, 2018 | Letter of the Law, Currents - Employment Law
Round Up: Court Rules Rounding Payroll System Permissible Even When (a slight) Majority of Employees Lose Time
June 29, 2018 | Employment Lessons, Currents - Employment Law
California Supreme Court Ruling to Give More Workers Employee Status
May 2, 2018 | Employment Lessons, Currents - Employment Law
ICE Raids on 7-Eleven Franchise Stores Result in 21 Arrests
January 12, 2018 | Employment Lessons, High Stakes Employment Issues, Currents - Employment Law
On Second Thought … State Supreme Court Questions Key Noncompete Drafting Strategy
December 18, 2017 | Non-competes and Trade Secrets, Currents - Employment Law
R-E-S-P-E-C-T in the Workplace? The EEOC Becomes Trainer-in-Chief
October 6, 2017 | EEOC, Workplace Culture and Conduct, Currents - Employment Law
California Bill Placing Restrictions on Employer Immigration Worksite Raids Awaits Governor’s Signature
September 29, 2017 | Employment Lessons, Currents - Employment Law
California Dreaming: Court Upholds Restrictions in Employment Agreement, Bars Use of Confidential Information
September 12, 2017 | Non-competes and Trade Secrets, Currents - Employment Law
Trump-Era Immigration Worksite Raid Threats May Bring New Requirements for California Employers
June 2, 2017 | Employment Lessons, Currents - Employment Law
California Supreme Court Throws Down the Gauntlet on Arbitration Waivers
April 24, 2017 | Employment Lessons, Currents - Employment Law
Ok...Are You Sitting Down?
April 5, 2016 | Fair Labor Standards Act, Currents - Employment Law
Not so Fast: 'No-Rehire' Clauses Could be a Restraint on Trade
April 28, 2015 | Employment Discrimination, Currents - Employment Law
Are You Relying on Electronic Signatures for Employment Documents?
January 30, 2015 | Employment Discrimination, Currents - Employment Law
Hope For Employers: Some Courts Are Requiring The EEOC To Thoroughly Investigate Allegations Before Siding With Employees
January 15, 2015 | EEOC, Currents - Employment Law
On Break, But Still on Call: “On Call” Rest Breaks are Permissible Under California Law
January 9, 2015 | Fair Labor Standards Act, Currents - Employment Law
The Interns Strike Back: An Update - Court Approves $5.85 Million Conde Nast Settlement, While Appeals Remain Pending in Other Cases
January 7, 2015 | Fair Labor Standards Act, Currents - Employment Law
California Class Action an Occasion for All Employers to Review Vacation Practices
January 5, 2015 | Letter of the Law, Currents - Employment Law
New Jersey Employers: Remember Your Notice Requirements
November 14, 2014 | Employment Discrimination, Fair Labor Standards Act, Currents - Employment Law
Ninth Circuit FAAAA Meal and Rest Period Preemption Decision Appealed
August 8, 2014 | Fair Labor Standards Act, Currents - Employment Law
Illinois Governor Signs Payroll Card Law
August 7, 2014 | Fair Labor Standards Act, Currents - Employment Law
9th Circuit Rules that the FAAAA Does Not Preempt California Meal and Rest Period Laws
July 14, 2014 | Fair Labor Standards Act, Currents - Employment Law
A “Bit” of a Challenge to Employers: Bitcoin and Other Alternative Payroll Methods
July 11, 2014 | Letter of the Law, Currents - Employment Law
New California Employment Laws Take Effect on July 1, 2014—Increased Minimum Wage, Expanded Paid Family Leave and Further Limits on Background Checks
July 1, 2014 | Employee Health Issues, Fair Labor Standards Act, Currents - Employment Law
Illinois legislature recognizes payroll cards as method of wage payment
June 4, 2014 | Fair Labor Standards Act, Currents - Employment Law
Are You Paying Your Employees Frequently Enough?
May 8, 2014 | Fair Labor Standards Act, Currents - Employment Law
Against the Anchorman: California Court of Appeal Deems Hiring Young, Female Weather Anchors a Protected Exercise of Free Speech
January 9, 2014 | Employment Discrimination, Currents - Employment Law
California Court of Appeals Overturns Superior Court Denial of Class Certification
December 6, 2013 | Traditional Labor, Currents - Employment Law
2nd Circuit to Decide Unpaid Interns’ Class Status
November 27, 2013 | Fair Labor Standards Act, Currents - Employment Law
Governor Would Like Massachusetts to Join California As a Non-Noncompete State
September 16, 2013 | Non-competes and Trade Secrets, Currents - Employment Law
Unpaid Interns Strike Back – Lawsuits on the Rise Alleging Unpaid Wages
July 24, 2013 | Fair Labor Standards Act, Currents - Employment Law
No Longer A Belieber
January 15, 2013 | Fair Labor Standards Act, Currents - Employment Law
California Appeals Court Approves Rounding of Employee Time
November 1, 2012 | Fair Labor Standards Act, Currents - Employment Law
California Passes Law to Regulate Access to Employees’ Social Media Accounts
October 4, 2012 | Social Media and Technology, Currents - Employment Law
California Governor Signs Law Prohibiting Explicit Mutual Wage Agreements
October 3, 2012 | Fair Labor Standards Act, Currents - Employment Law
California Creates First State-Run Retirement Plan for Private Sector Employees
October 2, 2012 | Traditional Labor, Currents - Employment Law
California Supreme Court to Review Class Action Arbitration Waivers in Employment Agreements
September 25, 2012 | Traditional Labor, Currents - Employment Law
Class Arbitration Prohibited if Not Authorized in Agreement
September 7, 2012 | Fair Labor Standards Act, Currents - Employment Law
Another California Court of Appeal Struggles to Come To Grips with Arbitration
August 16, 2012 | Traditional Labor, Currents - Employment Law
What Managers Can Learn from Lilly Ledbetter
June 25, 2012 | Fair Labor Standards Act, Currents - Employment Law
RELATED PRACTICE AREAS
Subscribe
Do you want to receive more valuable insights directly in your inbox? Visit our subscription center and let us know what you're interested in learning more about.
View Subscription Center