California Labor Code § 558.1, effective January 1, 2016, states that an employer or “other person acting on behalf of an employer” who violates California’s wage and hour laws “may be held liable as the employer. Before (d) The civil penalties provided for in this section are in addition to any other civil or criminal penalty provided by law. For purposes of this chapter, the following terms shall have the following meanings: (a) "Workday" and "day" mean any consecutive 24-hour period commencing at … … Examining Labor Code Section 558.1. Seyfarth Synopsis: The California Supreme Court has held that an individual may not seek unpaid wages under Labor Code section 558. Last week, California enacted new legislation updating the prohibition on employers inquiring into the salary history of their applicants and the requirement that employers respond to applicants’ requests for the pay scale for positions. Labor Code Section 558. The Court of Appeal also held that such underpaid wages may also be … Subscribe to Labor Code Section 558. Labor Code Section 558 and PAGA. On February 27, 2012, in Thurman v. Bayshore Transit Management, Inc., the California Court of Appeal affirmed a trial court's award of underpaid "wages" – i.e., premium payments for violations of California's meal and rest period laws and regulations – as a penalty under California Labor Code section 558. § 558.1 (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 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. 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. v. Superior Court (Lawson) (Sept. 12, 2019), the California Supreme Court held that plaintiffs cannot recover the unpaid wages described in Labor Code section 558 in a Private Attorneys General Act of 2004 (PAGA) claim. Posted in California Developments. Labor Code Section 558.1 Legislative Updates Employers Should Know About to Avoid Wringing in the New Year. v. Superior Court (Lawson) (Sept. 12, 2019), the California Supreme Court held that plaintiffs cannot recover the unpaid wages described in Labor Code section 558 in a Private Attorneys General Act of 2004 (PAGA) claim. Labor Code Section 558.1. Labor Code section 558 – California Employment Law Report In ZB, N.A. In Martinez v. Combs, the California Supreme Court adopted a broad definition of … The Court compared Section 558 to Labor Code Section 1197.1, which allows the Labor Commissioner to issue a citation that includes a fixed component and underpaid wages component. Labor Code Section 558. Director: means Director of Industrial Relations.See California Education Code 32390; Person: means any person, association, organization, partnership, business trust, limited liability company, or corporation.See California Education Code 32289; Violation: includes a failure to comply with any requirement of the code. v. Superior Court of San Diego County. In Lawson v.ZB, N.A. 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. In the very last paragraph of SB 588, a new Labor Code §558.1 was added which, for the first time, creates individual liability for owners, directors, officers, or managing agents of an employer for violations of certain sections of the California Labor Code. If the Labor Commissioner issues a citation, the local entity shall not cite the employer for the same violation. California Labor Code 558.1 provides as follows: Read the code on FindLaw Section 558.1 expressly defines “employer or other person acting on behalf of an employer” to include a “natural person who is an owner, ... See Labor Code Section 2802. (2018) 18 Cal.App.5th 705, California’s Fourth District Court of Appeal recently ruled that the two elements comprising damages under Labor Code § 558 – (a) underpaid wages and (b) denominated assessments – are indivisible. This ruling drastically limits the amount of penalties that plaintiffs can attempt to recover in PAGA actions. 2005 California Labor Code Sections 500-558 CHAPTER 1. In ZB, N.A. under Labor Code section 558. Therefore, employees who have been wronged by an organization (or those acting on behalf of them) should seek legal counsel in matters of this nature. California has a very large exception to corporate limited liability when it comes to unpaid wages, late paid wages, and other common wage-and-hour violations through California Labor Code Section 558.1. California Labor Code LAB CA LABOR Section 558.1. 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