Existing law establishes the Division of Labor Standards Enforcement, under the direction of the Labor Commissioner, within the Department of Industrial Relations and sets forth its powers and duties regarding the enforcement of labor laws. Existing law authorizes the commissioner to investigate employee complaints and to provide for a hearing in any action to recover wages, penalties, and other demands for compensation, as specified. Existing law requires the Labor Commissioner, within 15 days after the hearing is concluded, to file in the office of the division a copy of the order, decision, or award.
This bill would require the division to post on its internet website specified information about any employer with an unsatisfied order, decision, or award, as prescribed. The bill would require the posting to be removed if, among other conditions, the employer has submitted certification, under penalty of perjury, that all violations identified in the posted information have been remedied or abated. By expanding the crime of perjury, the bill would impose a state-mandated local program.
Existing law provides that the judgment creditor, or the commissioner, as assignee of the judgment creditor, is entitled to court costs and reasonable attorney's fees for enforcing the judgment, as specified.
This bill would instead require that the judgment creditor, or the Labor Commissioner or public prosecutor as assignee of the judgment creditor, be awarded the above-described court costs and reasonable attorney's fees.
Existing law provides for enforcement if a final judgment against an employer arising from the employer's nonpayment of wages for work performed in this state remains unsatisfied after specified periods of time, including prohibiting the employer from conducting business in the state, as specified, if a final judgment against the employer remains unsatisfied for 30 days.
This bill would additionally require the employer to be subject to a civil penalty not to exceed 3 times the outstanding judgment amount if a final judgment against an employer arising from the employer's nonpayment of work performed in this state remains unsatisfied after a period of 180 days, as provided. The bill would require a court to award a prevailing plaintiff all reasonable attorney's fees and costs in any action brought by a judgment creditor, the commissioner, or a public prosecutor to enforce a final judgment against an employer arising from the employer's nonpayment of wages for work performed in this state, as provided.
This bill would also make findings and declarations related to its provisions.
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.

Statutes affected:
SB 261: 98.1 LAB, 98.2 LAB
02/03/25 - Introduced: 98.1 LAB, 98.2 LAB
03/17/25 - Amended Senate: 98.1 LAB, 98.2 LAB
03/27/25 - Amended Senate: 98.1 LAB, 98.2 LAB
04/10/25 - Amended Senate: 98.1 LAB, 98.2 LAB
05/23/25 - Amended Senate: 98.1 LAB, 98.2 LAB