Southern California Contractors Association
Serving the union heavy construction industry for 34 years
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B U L L E T I N
This bill lets your employees share in state fines for violations of the Labor Code!
THE LABOR CODE PRIVATE ATTORNEYS GENERAL ACT OF 2004
Senate Bill 796 becomes effective January 1, 2004:
“Notwithstanding any other provision of law, any provision of this code (labor code) that provides for a civil penalty to be assessed and collected by the Labor & Workforce Development Agency or any of its departments, divisions, commissions, boards, agencies, or employees, for a violation of this code, may, as an alternative, be recovered through a civil action brought by an aggrieved employee on behalf of himself or herself and other current or former employees.”
“For all provisions of this code except those for which a civil penalty is specifically provided, there is established a civil penalty for a violation of these provisions, as follows:
“If, at the time of the alleged violation, the person employs one or more employees, the civil penalty is one hundred dollars ($100) for each aggrieved employee per pay period for the initial violation and two hundred dollars ($200) for each aggrieved employee per pay period for each subsequent violation.”
“An aggrieved employee may recover the civil penalty described in subdivision (e) in a civil action filed on behalf of himself or herself and other current or former employees against whom one or more of the alleged violations was committed. Any employee who prevails in any action shall be entitled to an award of reasonable attorney’s fees and court costs. Nothing in this section shall operate to limit an employee’s right to pursue other remedies available under state or federal law, either separately or concurrently with an action taken under this section.”
No action may be maintained under this section if the agency has cited someone for a violation of the same section or sections of the Labor Code under which the aggrieved employee is attempting to recover a civil penalty.
Civil Penalties recovered by an aggrieved employee are distributed as follows: 50% to the general fund, 25% to the Labor and Workforce Development Agency for education of employers and employees about their rights and responsibilities under this code, available for expenditure upon appropriation by the legislature, and 25% to the aggrieved employee.
SCCA has a copy (3 pages) of SB796 in the office if you require additional information.
For more information please contact SCCA staff at:
Main Office
6055 E. Washington Blvd. #200
Los Angeles, CA 90040
323-726-3511 FAX 323-726-2366
Email:
information@sccaweb.com
San Diego Office
7964 Arjons Dr. Suite H
San Diego, CA 92126
858-527-1004
Email:
sandiego@sccaweb.com
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