Provides an alternative enforcement mechanism under the Labor Code for employee misclassification.

Existing law prohibits any person or employer from engaging in willful misclassification, as defined, of an individual as an independent contractor instead of an employee and in specified acts relating to the misclassified individual�s compensation. Existing law, if the Labor and Workforce Development Agency or a court makes one of several
prescribed determinations regarding the violation of those prohibitions, subjects the violator to specified civil penalties.

This bill, as an alternative to those civil penalties, would authorize the Labor Commissioner to issue a determination that a person or employer has violated a prohibition for recovery pursuant to specified recovery provisions as a civil penalty, through the issuance of a citation. Prescribes the procedures for issuing, contesting, and enforcing judgments for citations issued under the bill. Entitles an employee, for the same violation, to either recovery under the bill or by enforcement of a civil penalty pursuant to the Labor Code
Private Attorneys General Act of 2004. Authorizes the
Labor Commissioner to enforce these provisions by informal hearing or in a civil suit.

Effective 1/1/2024.

02/09/2023 Read first time in Assembly.
03/16/2023 Referred to Assembly Committees on Labor and Employment. and Judiciary.
03/16/2023 From Committee with amendments. Amended and re-referred to Assembly Committee on Labor and Employment. Read second time and amended.
03/20/2023 Re-referred to Assembly Committee on Labor and Employment.
04/13/2023 From Assembly Committee on Labor and Employment with amendments. Read second time in House. Amended and re-referred to Assembly Committee on Judiciary.
04/17/2023 Re-referred to Assembly Committee on Judiciary.
04/18/2023 Passed Assembly Committee on Judiciary. Re-referred to Assembly Committee on Appropriations.
05/18/2023 Passed Assembly Committee on Appropriations as amended. Read second time and amended in Assembly. Ordered returned to second reading.
05/22/2023 Read second time in Assembly. Ordered to third reading.
05/25/2023 Read third time. Passed Assembly. Ordered to the Senate.
05/26/2023 Read first time in Senate. Referred to Senate Committee on Rules for Assignment.
06/07/2023 Referred to Senate Committees on Labor, Public Employment and Retirement, and Judiciary.
06/28/2023 Passed from Senate Committees on Labor, Public Employment and Retirement, Referred to Senate Committee on Judiciary.
07/12/2023 Passed Senate Committee on Judiciary. Re-referred to Senate Committee on Appropriations.
08/14/2023 Referred to Senate Committee on Appropriations suspense file.
09/01/2023 Passed from Senate Committee on Appropriations.
09/05/2023 Read second time in Senate. Ordered to third reading.
09/08/2023 Read third time in Senate and amended. Ordered to second reading.
09/11/2023 Read second time in Senate. Ordered to third reading.
09/12/2023 Read third time in Senate. Passed. Ordered to Assembly.
09/13/2023 Assembly concurred in Senate amendments. To engrossing and enrolling.
09/2020/23 Enrolled and presented to the Governor.
10/10/2023 Signed by Governor.