Wage orders: review: private rights of action.

Existing law regulates the wages, hours, and working conditions of any man, woman, and minor employed in any occupation, trade, or industry, whether compensation is measured by time, piece, or otherwise, except for individuals employed as outside salespersons and individuals participating in specified national service programs. Under existing law, the Industrial Welfare Commission within the Department of Industrial Relations is authorized to adopt rules, regulations, and orders to ensure that employers comply with those provisions of law. This bill would require the commission to review and, if necessary, revise every wage order in effect as of January 1, 2013, to ensure that each order is consistent with current work conditions in the industry covered by that wage order. The commission would be required to indicate on its Internet Web site that an order has been reviewed and whether revision of the order is needed. Existing law, the Labor Code Private Attorneys General Act of 2004, authorizes an aggrieved employee to recover through a civil action a civil penalty that would be assessed and collected by the Labor and Workforce Development Agency, as specified. The bill would prohibit actions under the Labor Code Private Attorneys General Act of 2004 from being brought for a violation of a wage order until the wage order has been reviewed and, if revision is deemed necessary by the commission, revised.