An act to amend Section 210 of the Labor Code, relating to employment.
Summary
SB 310 would amend Labor Code Section 210, which governs penalties for failure to pay wages on time or at all. Under existing law, an employer that fails to pay wages is subject to a $100 penalty for an initial violation and a $200 penalty plus 25% of the unlawfully withheld amount for subsequent or willful violations. The bill keeps those penalty amounts in place but clarifies that the $200 penalty for subsequent or willful violations may also be recovered by an employee through an independent civil action.
The measure is aimed at expanding the enforcement options available to workers when wages are not paid, while preserving the existing ability of the Labor Commissioner to pursue civil penalties and the existing statutory penalty process. It also retains the rule that an employee may not recover both the statutory penalty under this section and a civil penalty under PAGA for the same violation. The bill includes severability language and makes no change to the underlying wage-payment deadlines themselves, only to the remedies available for violations.
Impact
SB 310 would modify California employment law by amending Labor Code Section 210 to expressly authorize employees to seek the $200 penalty for subsequent or willful wage-payment violations in an independent civil action. This broadens private enforcement of wage-payment penalties without changing the penalty amounts, the covered wage statutes, or the Labor Commissioner’s citation authority. The practical effect is to give workers and their attorneys another procedural path to pursue penalties against employers who fail to timely pay wages.
Sentiment
The bill appears to have had generally favorable treatment in committee, advancing on multiple votes with majority support and no recorded committee testimony in the materials provided. It was moved forward from Judiciary and Appropriations and later placed on suspense file, suggesting it was viewed as a substantive labor-enforcement measure with some fiscal or procedural implications but not broad opposition at the committee level. The final status shows it died on file under Joint Rule 56, indicating it did not complete the legislative process despite committee support.
Contention
The main point of contention is likely the expansion of private litigation rights against employers, since the bill allows an additional independent civil action for wage-penalty recovery. Employers and business groups would typically be concerned that this could increase litigation exposure and compliance costs, while labor advocates would support it as a stronger enforcement tool for workers. Another possible issue is the interaction with PAGA and existing statutory remedies, though the bill expressly limits double recovery for the same violation.