Failure to pay wages: penalties.

(1) Existing law makes an employer or other person acting individually or as an officer, agent, or employee of another person who fails to pay or causes a failure to pay an employee a wage less than the minimum wage subject to citation by the Labor Commissioner, a civil penalty, restitution of wages, liquidated damages, and certain other applicable penalties. This bill would also provide that if the Labor Commissioner determines that an employer has paid a wage less than the wage set by contract in excess of minimum wage, the Labor Commissioner may issue a citation to the employer to recover restitution of the amounts owed. (2) Existing law requires an employer seeking to file a writ of mandate with the court to contest an assessment of a civil penalty by the Labor Commissioner to post an undertaking in a specified amount. Existing law provides that some or all of the undertaking may be forfeited to the affected employee if the employer does not pay the court's judgment regarding wages or damages owed within 10 days of the entry of the judgment. This bill would instead have the undertaking forfeited to the Labor Commissioner for appropriate distribution.