SB 261: Division of Labor Standards Enforcement: orders, decisions, and awards.

Existing law establishes the Division of Labor Standards Enforcement, under the direction of the Labor Commissioner, within the Department of Industrial Relations and sets forth its powers and duties regarding the enforcement of labor laws. Existing law authorizes the commissioner to investigate employee complaints and to provide for a hearing in any action to recover wages, penalties, and other demands for compensation, as specified. Existing law requires the commissioner to provide to the parties, among other things, notice advising the parties of their right to appeal, as specified.

This bill would require the commissioner to post a copy of the order, decision, or award on the divisions internet website, as specified, no later than 15 days after the time to appeal from the order, decision, or award has expired and no appeal therefrom is pending. The bill would require the division to redact the name, address, and personal contact information of any employee or other complainant from the order, decision, or award before posting the order, decision, or award on the divisions internet website, as provided. The bill would require the division to post on its internet website specified information about any employer with an unsatisfied order, decision, or award issued under the above-described provisions, as prescribed. The bill would require the posting pursuant to these provisions to be removed if, among other conditions, the employer has submitted certification, under penalty of perjury, that all violations identified in the posted information have been remedied or abated. By expanding the crime of perjury, the bill would impose a state-mandated local program.

Existing law provides that the judgment creditor, or the commissioner, as assignee of the judgment creditor, is entitled to court costs and reasonable attorneys fees for enforcing the judgment, as specified.

This bill would instead require that the judgment creditor, or the Labor Commissioner or public prosecutor as assignee of the judgment creditor, be awarded the above-described court costs and reasonable attorneys fees.

Existing law provides for enforcement if a final judgment against an employer arising from the employers nonpayment of wages for work performed in this state remains unsatisfied after specified periods of time, including prohibiting the employer from conducting business in the state, as specified, if a final judgment against the employer remains unsatisfied for 30 days.

This bill would additionally require the employer to be subject to a civil penalty not to exceed 3 times the outstanding judgment amount if a final judgment against an employer arising from the employers nonpayment of work performed in this state remains unsatisfied after a period of 180 days, as provided. The bill would require a court to award a prevailing plaintiff all reasonable attorneys fees and costs in any action brought by a judgment creditor, the commissioner, or a public prosecutor, as defined, to enforce a final judgment against an employer arising from the employers nonpayment of wages for work performed in this state, as provided.

This bill would also make findings and declarations related to its provisions.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect.