New Wage and Hour Law Passed

Los Angeles, CAA new wage and hour labor law, AB 442, has been passed by the Senate Judiciary recently, which allows liquidated damages for wage and hour violations to be recovered without a court action.

In effect, the Labor Commissioner now has the authority to collect civil penalties, wages, and liquidated damages due by the 45th day after notice to the employer. If the employer does not pay, a writ of mandate will be filed in the superior court. California Labor Law differs from federal law, in that if minimum wage is not paid for just one hour worked there exists a "minimum wage" labor violation. In California, employers must pay employees for all hours worked, regardless of what the hourly pay is.

An employer can also be subject to criminal prosecution by way of theft of wages. The Labor Commissioner has recently reported to Governor Brown that he has filed 10 felony theft cases seeking close to a million dollars in stolen wages. The report also notes that in 2012 there was over a record breaking $85 million in unpaid wages, compensation and other penalties awarded.

Damages recoverable:

4 years unpaid minimum wages and overtime wages.

Waiting-time penalties (up to 30 days' worth of wages) if not timely paid their final wages at termination.

Penalty wages for meal and rest break violations (one hour of pay for each missed meal or rest break).

Civil penalties.

Liquidated damages calculated as unpaid wages plus interest. Liquidated damages are not limited, the courts have ruled in cases. Where liquidated damages were recovered under two Labor Code sections and the Fair Labor Standards Act.