Pennsylvania Alaska General Section 558. CALIFORNIA LABOR CODE. While it’s true that (under certain circumstances) company employees who are sued may be indemnified by their employers, all companies have the responsibility to follow the law. III - Judicial Code § 558.1 . Subscribe Now. (d) The civil penalties provided for in this section are in addition to any other civil or criminal penalty provided by law. Virginia § 558 (a) Any employer or other person acting on behalf of an employer who violates, or causes to be violated, a section of this chapter or any provision regulating hours and days of work in any order of the Industrial Welfare Commission shall be subject to a civil penalty as follows: If the Labor Commissioner issues a citation, the local entity shall not cite the employer … Washington, US Supreme Court entre­pre­neurship, we’re lowering the cost of legal services and Georgia Lab. Division 2 - EMPLOYMENT REGULATION AND SUPERVISION. CLS Transportation Los Angeles (2014) 59 Cal.4th 348, the right to collective action to enforce Labor Code section 558 survives even if the workers have signed an arbitration agreement banning such actions. The procedures for issuing, contesting, and enforcing judgments for citations or civil penalties issued by the Labor Commissioner for a violation of this chapter shall be the same as those set out in Section 1197.1. Ohio Labor Code Section 558.1 California Labor Code § 558.1, effective January 1, 2016, states that an employer or “ other person acting on behalf of an employer ” who violates California’s wage and hour laws “may be held liable as the employer. VI - Prior Debts Lab. (a) Any employer or other person acting on behalf of an employer who violates, or causes to be violated, a section of this chapter or any provision regulating hours and days of work in any order … (c) In a jurisdiction where a local entity has the legal authority to issue a citation against an employer for a violation of any applicable local overtime law, the Labor Commissioner, pursuant to a request from the local entity, may issue a citation against an employer for a violation of any applicable local overtime law if the local entity has not cited the employer for the same violation. Indiana (c) In a jurisdiction where a local entity has the legal authority to issue a citation against an employer for a violation of any applicable local overtime law, the Labor Commissioner, pursuant to a request from the local entity, may issue a citation against an employer for a violation of any applicable local overtime law if the local entity has not cited the employer for the same violation. California 2011 California Code Labor Code DIVISION 2. Nevada New York EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.5] CHAPTER 1. Section 558.1 - Liability for violations. Art. Cal. Through social Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. II - Executive 2015, Ch. (b) If upon inspection or investigation the Labor Commissioner determines that a person had paid or caused to be paid a wage for overtime work in violation of any provision of this chapter, any provision regulating hours and days of work in any order of the Industrial Welfare Commission, or any applicable local overtime law, the Labor Commissioner may issue a citation. For purposes of this chapter, the following terms shall have the following meanings: (a) "Workday" and "day" mean any consecutive 24-hour period commencing at the same time each calendar day. CA Labor Code § 558.1 (2017) (a) Any employer or other person acting on behalf of an employer, who violates, or causes to be violated, any provision regulating minimum wages or hours and days of work in any order of the Industrial Welfare Commission, or violates, or causes to be violated, Sections 203, 226, 226.7, 1193.6, 1194, or 2802, may be held liable as the employer for such violation. Labor Code 2676.5 requires every person registered as a garment manufacturer to display his or her name, address, and garment manufacturing registration number on the front entrance of his or her business. (AB 970) Effective January 1, 2016. Art VII - Ratification. New Jersey CA Labor Code § 558 (through 2012 Leg Sess) What's This? Search the Law Search. Pedrazzani, the California Court of Appeal held that PAGA penalties can be assessed not only against the employer-entity but also against the individual owners, officers, and agents of the business who cause the wage-and-hour violations to occur. Art. We will always provide free access to the current law. Download PDF. Massachusetts Back in 2015, the California Legislature enacted Labor Law Section 558.1, making an “other person” acting for an employer (defined as any natural person who is owner, director, officer, or managing agent of the employer) who causes the employer to violate the state’s wage and hour laws liable as the employer for the violation. CALIFORNIA CODES ••• CALIFORNIA LABOR CODE. Labor Code § 558 : California Labor Code — Employment Regulation And Supervision — General — Civil penalties. 558.1. California Code, Labor Code - LAB § 558.1. I - Legislative Search by Keyword or Citation; Search by Keyword or Citation. Arizona Art. JX. This short but very powerful law was enacted to combat wage theft by corporate employers who try to terminate their business to evade their obligation to pay wages. § 558, Statutes, codes, and regulations. (a) Any employer or other person acting on behalf of an employer, who violates, or causes to be violated, any provision regulating minimum wages or hours and days of work in any order of the Industrial Welfare Commission, or violates, or causes to be violated, Sections 203, 226, 226.7, 1193.6, 1194, or 2802, may be held liable as the employer for such violation. Division 2 - EMPLOYMENT … GENERAL LABOR CODE SECTION 500-558 500. Art. California Labor Code 558.1 – (a) Any employer or other person acting on behalf of an …. Deal: 30% off if you purchase by Thursday 9/10. v. Superior Court that the “underpaid wages” authorized by Labor Code §558 are not recoverable in a PAGA action. 6, 2016). California Supreme Court Finds the ABC Standard, Not S.G. Borello & Sons, Is the Proper Standard to Analyze Employee vs. Because a claim under Labor Code § 558 is indivisible and it is a civil penalty encompassed by the California Private Attorneys … US Tax Court Thus, the Labor Commissioner may now hold individuals liable for certain wage and hour violations, including California… 783, Sec. According to California’s Labor Code § 558.1, an employing organization’s managers, owners, directors, officers, and agents can be held personally liable for wage and hour violations. 1. (b) "Workweek" and "week" mean any seven consecutive days, starting with the same calendar … Michigan Cancel « Prev. Recent Changes in Interpretation of California Labor Code section 558 Terms Used In California Labor Code 558 Jurisdiction: (1) The legal authority of a court to hear and decide a case. Section 558 of the California Labor Code is a civil penalty statute permitting the Labor Commissioner to issue citations for: (1) civil penalties, which are to be dispersed to the state, and (2) “underpaid wages,” which are to be dispersed directly to the underpaid employees. Sec. Art. for non-profit, educational, and government users. The California Supreme Court Clarifies Wages are NOT Part of the “Civil Penalty” under Labor Code Section 558 in a PAGA Action By Beth V. West on September 15th, 2019 Posted in Employment Contracts and Agreements, Labor Law, New Legislation and Regulations, Wage & Hour Location:https://california.public.law/codes/ca_lab_code_section_558. Section 558.1 - Liability for violations (a) Any employer or other person acting on behalf of an employer, who violates, or causes to be … California’s Private Attorneys General Act (PAGA) As readers of this blog know well, PAGA permits an “aggrieved employee” to bring an… Read More. All State & Fed. Section 2676.55, added in 2013, adds a civil penalty to it. Texas Part 2 - WORKING HOURS. However, Plaintiff’s claims for violations of Labor Code Sections 226.3 and 558 were subject to the notice and cure provisions set forth in Labor Code section 2699.3(c) which does not require a return notice from the LWDA, but does require an employee to wait 33 days to allow the employer to cure the alleged violation before an employee can commence a civil suit. In addition, Illinois North Carolina we provide special support (last ac­cessed Jun. California Labor Code Section 558 CA Labor Code § 558 (2017) (a) Any employer or other person acting on behalf of an employer who violates, or causes to be violated, a section of this chapter or any provision regulating hours and days of work in any order of the Industrial Welfare Commission shall be subject to a civil penalty as follows: Oregon In a rare “win” for California employers, the California Supreme Court recently ruled in ZB, N.A. Florida (2018) 18 Cal.App.5th 705, California’s Fourth District Court of Appeal recently ruled that the two elements comprising damages under Labor Code § 558 – (a) underpaid wages and (b) denominated assessments – are indivisible. (e) This section does not change the applicability of local overtime wage laws to any entity. (Amended by Stats. The personal liability language of Section 558.1 is not complex: any employer or “other person acting on behalf of an employer” “may be held liable as the employer for” violations of the directives in the Wage Orders and in various provisions of the Labor Code. If the Labor Commissioner issues a citation, the local entity shall not cite the employer for the same violation. Original Source: Section 558 of the California Labor Code is a civil penalty statute permitting the Labor Commissioner to issue citations for: (1) civil penalties, which are to be dispersed to the state, and (2) "underpaid wages," which are to be dispersed directly to the underpaid employees. Help Sign In Sign Up Sign Up. 15 Sep 2016. (3) Wages recovered pursuant to this section shall be paid to the affected employee. (2) The geographic area over which the court has authority to decide cases. Independent Contractor Status; All Labor Code §558 Claims, Including Claims for Underpaid Wages, Are Civil Penalties Under PAGA and May Not Be Compelled to Arbitration; Pinela v. Neiman Marcus Group, Inc V - Mode of Amendment https://leginfo.­legislature.­ca.­gov/faces/codes_displaySection.­xhtml?lawCode=LAB§ionNum=558.­ Labor Code Section 558 and PAGA. (a) Any employer or other person acting on behalf of an employer who violates, or causes to be violated, a section of this chapter or any provision regulating hours and days of work in any order of the Industrial Welfare Commission shall be subject to a civil penalty as follows: (1) For any initial violation, fifty dollars ($50) for each underpaid employee for each pay period for which the employee was underpaid in addition to an amount sufficient to recover underpaid wages. Current through 2020 Legislative Session. Accordingly, potentially any managing agent who “causes” a wage and hour Labor Code provision to be violated could be held personally liable. (2) For each subsequent violation, one hundred dollars ($100) for each underpaid employee for each pay period for which the employee was underpaid in addition to an amount sufficient to recover underpaid wages. Chapter 1 - GENERAL. Art. Cal. Code § 558.1, see flags on bad law, and search Casetext’s comprehensive legal database . Search California Codes. increasing citizen access. Read Section 558.1, Cal. IV - States' Relations Join thousands of people who receive monthly site updates. Labor Code Section 558 provides the Labor Commissioner authority to collect a civil penalty for certain Labor Code violations relating to overtime and hours and days of work, equal to $50 to $100 dollars for each underpaid employee for each pay period for which the employee was underpaid, in addition to “an amount sufficient to recover underpaid wages.” In Lawson v.ZB, N.A. Board of Patent Appeals, Preamble ), Alabama 2005 California Labor Code Sections 500-558 CHAPTER 1. California has a very large exception to corporate limited liability when it comes to unpaid wages, late paid wages, and other common wage-and-hour violations through California Labor Code Section 558.1. 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