(last ac­cessed Jun. In Thurman, the Fourth District previously held that “the language of section 558, subdivision (a) is more reasonably construed as providing a civil penalty that consists of both the $50 or $100 penalty amount and any underpaid wages” and that the underpaid wages were a part of the $50 and $100 penalties provided for by the statute. § 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: It concluded section 558’s civil penalty encompassed the amount for unpaid wages, and Lawson’s claim for unpaid wages could not be compelled to arbitration under Iskanian. The Labor Commissioner may also provide for a hearing to recover civil penalties due pursuant to Section 558 against any employer or other person acting on behalf of an employer, including, but not limited to, an individual liable pursuant to Section 558.1. California Employment Law Letter January 15, 2018 7 injury and (2) statutory penalties of $50 to $100. Compl. II - Executive In ZB, N.A. (Amended by Stats. 1937, Ch. https://leginfo.­legislature.­ca.­gov/faces/codes_displaySection.­xhtml?lawCode=LAB§ionNum=558.­ (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. 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. Indeed, the Act added Labor Code Section 558.1, which imposes personal liability for certain wage and hour violations. (d) The civil penalties provided for in this section are in addition to any other civil or criminal penalty provided by law. 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. 90. ) The Court found that civil penalties under Labor Code section 558 (underpaid wages) was limited to the Labor Commissioner only and not a private right of action. V - Mode of Amendment Virginia The parties in Lawson all agreed that the $50 and $100 citations permitted by section 558 are civil penalties, which could be recovered in a PAGA action. PAGA allows employees to recover civil penalties on behalf of themselves and other employees that previously were recoverable only by the Labor Commissioner, including the civil penaltie… PART 1. (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. US Tax Court Art. 2015, Ch. Alaska 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. Indiana 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. Section 558 can be invoked only by the Labor Commissioner or by an individual suing under PAGA, and PAGA claims are limited to the recovery of civil penalties. increasing citizen access. Art VII - Ratification. Art. Section 558(a) provides that an employer “or other person acting on behalf of an employer” who violates or causes a violation of the state’s applicable overtime laws shall be subject to a civil penalty. II. 1937, Ch. Washington, US Supreme Court If the amount equal to the underpaid wages provided by Labor Code section 558 is considered a penalty rather than restitution of the underpaid wages, employees may seek to recover double what they are owed. Labor Code Section 558 and PAGA. New Jersey If the Labor Commissioner issues a citation, the local entity shall not cite the employer for the same violation. 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. 1. Board of Patent Appeals, Preamble New York California Supreme Court limits the types of penalties recoverable under PAGA actions. Although California Labor Code § 558.1 allows for an employee’s personal liability to be recognized in matters of this nature, they rarely pay for wage and hour violations. Labor Code - LAB. (AB 970) Effective January 1, 2016. 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: IV - States' Relations This is because Labor Code § 2802 requires employers to indemnify employees from expenses. By Anthony Zaller on September 13, 2019. Art. ZB, N.A. If the Labor Commissioner issues a citation, the local entity shall not cite the employer for the same violation. 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