Amends law to establish administrative penalty of $5,000 for Employee Misclassification.

Existing law authorizes the Labor Commissioner to impose certain administrative penalties against an employer who misclassifies a person as an independent contractor or otherwise fails to properly classify an employee
35 including: (1) for a first offense committed by an employer who unintentionally misclassifies or otherwise fails to properly classify a person as an employee, a warning; (2) for a first offense committed by an employer who willfully fails to properly classify a person as an employee, a fine of $2,500 for the first incident of willfully misclassifying one or more persons; and (3) for a second or subsequent offense, a fine of $5,000 for each employee who was willfully misclassified. This bill provides instead that any such administrative penalty imposed by Labor Commissioner is a fine of $5,000.

Effective 7/1/23.

02/14/2023 Read first time. Referred to Senate Committee on Commerce and Labor.
04/17/2023 Passed as amended from Senate Committee on Commerce and Labor. Read second time in Senate and amended. Referred to Senate Committee on Finance.
04/18/2023 Engrossed. To Senate Committee on Finance.
05/27/2023 Passed as amended from Committee. Placed on General File. Read third time. Amended. Read third time. Passed, as amended.
05/29/2023 To re-engrossment. Re-engrossed. Second reprint . To Assembly. In Assembly. Read first time. Referred to Assembly Committee on Commerce and Labor.
05/31/2023 Read second time in Assembly.
Assembly.
06/01/2023 Placed on General File for next legislative day.
06/02/2023 Taken from General File. Placed on General File for next legislative day.
06/03/2023 Read third time. Passed Assembly. To Senate.
06/04/2023 In Senate. To enrollment in Assembly.
06/08/2023 Enrolled and delivered to Governor.
06/10/2023 Approved by the Governor.