Allows separate lawsuits over unpaid wage penalties

Existing law makes every person who fails to pay the wages of each employee subject to a specified penalty. Existing law makes the initial violation subject to a $100 penalty and each subsequent violation, or any willful or intentional violation, subject to a $200 penalty plus 25% of the amount unlawfully withheld. Existing law requires the penalty to either be recovered by an employee as a statutory penalty or by the Labor Commissioner as a civil penalty, as prescribed.

This bill also would permit the $200 penalty for each subsequent violation, or any willful or intentional violation, to be recovered through an independent civil action, as specified.