SB 261

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 provides that the judgment creditor, or the commissioner, as assignee of the judgment creditor, is entitled to court costs and reasonable attorney’s 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 attorney’s fees. Existing law provides for enforcement if a final judgment against an employer arising from the employer’s 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 judgment debtor to be subject to a civil penalty not to exceed 3 times the outstanding judgment amount if a final judgment arising from the 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 attorney’s fees and costs in any action brought by a judgment creditor, the commissioner, or a public prosecutor to enforce a final judgment arising from the nonpayment of wages, penalties, or other amounts owed arising from work performed in this state, as provided. This bill would also make findings and declarations related to its provisions.