(1) Existing law establishes in the Department of Industrial Relations the Division of Labor Standards Enforcement under the direction of the Labor Commissioner and authorizes the Labor Commissioner to investigate employee complaints and recover civil penalties for violations of labor law, as prescribed.
This bill would require, within 60 days after an order, decision, award, or judgment against an employer requiring payment to an employee or to the state becomes final, as specified, the judgment debtor employer to provide documentation to the Labor Commissioner that the judgment is fully satisfied, a certain bond has been posted, or the judgment debtor entered into an agreement for the judgment to be paid in installments, as prescribed, and is in compliance with that agreement.
(2) Existing law requires the Department of Motor Vehicles to suspend, cancel, or revoke the registration of a vehicle when the department determines that, among other circumstances, the registration was obtained by providing false evidence of financial responsibility. Existing law requires, upon receipt of a duly certified abstract of the record of a court showing that a person has been convicted of specified crimes or offenses, the department to immediately revoke the privilege of the person to drive a motor vehicle. Existing law requires a person's privilege to operate a motor vehicle be suspended upon notification by a bank or financial institution that a check has been dishonored when that check was presented to the Department of Motor Vehicles for payment of a fine, fee, or penalty, as specified.
This bill would require the Labor Commissioner to provide a written notice to a noncompliant judgment debtor employer that any driver's licenses and commercial vehicle registrations issued by the Department of Motor Vehicles and held by the judgment debtor shall be suspended 90 days from the date of the notice unless the judgment debtor employer complies and pays a certain civil penalty for noncompliance, as prescribed. The bill would require the Labor Commissioner to provide a notice to the Department of Motor Vehicles regarding a persistently noncompliant judgment debtor employer that includes a summary of the final judgment and the names and identifying information of the persons or entities liable for payment of the judgment, as prescribed.
This bill would require the Department of Motor Vehicles to suspend, cancel, or revoke the registration of a commercial vehicle when the Department of Motor Vehicles has received notification from the Labor Commissioner, pursuant to the provisions above, that the vehicle owner is subject to a judgment for nonpayment of wages entered upon an order, decision, or award that has become final and that the vehicle owner is not in compliance with the final order. Upon receipt of the Labor Commissioner's notice, the bill would require the Department of Motor Vehicles to send a notice to an individual or entity subject to the judgment for nonpayment of wages that any commercial vehicles registered under their name will be suspended unless the entity or individual contacts the Labor Commissioner and complies with the above-provisions related to the judgment for nonpayment of wages. The bill would require the Department of Motor Vehicles to suspend the commercial vehicle registration 30 days from the date the Department of Motor Vehicle's notice was mailed.
This bill would also require the Department of Motor Vehicles to suspend the driver's license of an individual person subject to a judgment for nonpayment of wages, as specified, upon notification from the Labor Commissioner pursuant to the above provisions.
Statutes affected: SB 355: 4000.38 VEH
02/12/25 - Introduced: 4000.38 VEH