Wages: enforcement.

(1) Existing law provides for the formation and governance of various business entities, including, but not limited to, limited liability companies, limited liability partnerships, and corporations. Existing law requires a corporation and foreign corporation, limited liability company, or foreign limited liability company registered to transact intrastate business to file specified documents disclosing information regarding the entity with the Secretary of State, including, but not limited to, a statement of information. Existing law requires the statement of information to contain certain information, including specified statements regarding the general type of business that constitutes the principal business activity of the corporation or limited liability company. Existing law provides that an individual who signs a statement of information for any limited liability company or foreign limited liability company affirms under penalty of perjury the information stated in the statement is accurate. This bill, beginning January 1, 2022, or upon certification by the Secretary of State that California Business Connect is implemented, whichever is earlier, would require the statement of information to also contain a statement indicating whether any officer or any director, or, in the case of a limited liability company, any member or any manager, has an outstanding final judgment issued by the Division of Labor Standards Enforcement or a court of law, for which no appeal therefrom is pending, for the violation of any wage order or provision of the Labor Code. The bill would require, if the Secretary of State certifies California Business Connect is implemented prior to January 1, 2022, the Secretary of State to post notice of the certification on the homepage of its internet website and send notice of the certification to the Legislative Counsel. Because the bill would expand the crime of perjury, it would impose a state-mandated local program. (2) Existing law provides that a successor employer of property services workers is liable for any wages, damages, and penalties its predecessor employer owes to any of the predecessor employer's former workforce if the successor employer meets specified criteria, including that the employer uses substantially the same workforce to offer substantially the same services as the predecessor employer. This bill would provide that a successor to any judgment debtor shall be liable for any wages, damages, and penalties owed to any of the judgment debtor's former workforce pursuant to a final judgment, as described. The bill would set forth certain criteria that establish successorship. (3) Under existing law, the Labor Commissioner enforces statutory wage requirements, including minimum wage amounts. Existing law specifies that nothing in these statutory provisions precludes a local jurisdiction from enforcing local labor standards that are more stringent than the state standards. This bill would, instead, provide that nothing in the statutory provisions precludes a local jurisdiction from enforcing local labor standards and would expressly authorize local jurisdictions to enforce local standards relating to the payment of wages that are more stringent, than state standards. (4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.