Department of Industrial Relations. § 558.1 (a) Any employer or other person acting on behalf of an employer, who violates, or causes to be violated, any provision regulating minimum wages or hours and days of work in any order of the Industrial Welfare Commission, or violates, or causes to be violated, Sections 203, 226, 226.7, 1193.6, 1194, or 2802, may be held liable as the employer for such violation. Although three separate appellate districts concluded that PAGA allowed aggrieved employees to use Section 558 to collect both civil penalties and underpaid wages, two appellate districts have concluded that underpaid wages are a component of Section 558’s civil penalty,4 whereas a third has ruled that underpaid wages are a remedy separate from civil penalties.5. For more detailed codes research information, including annotations and citations, please visit Westlaw. (3) Wages recovered pursuant to this section shall be paid to the affected employee. Whistleblower Protection - Health or Safety Complaint - Essential Factual Elements (Lab. Both of these sections have one-year statutes of limitations. Subscribe to Labor Code Section 558. The court granted review of the following issue: Whether Iskanian prevents a court from compelling arbitration of a PAGA claim even if that claim seeks to recover individual-specific underpaid wages. These are known as “waiting-time” penalties, and they can often exceed the amount the you were owed in the first place. For years, employees relied on Section 558 to recover unpaid wages as part of the civil penalty provided by Section 558, per California Court of Appeal decisions like Thurman v. Bayshore Transit Mgmt., Inc., 203 Cal. By Anthony Zaller on September 13, 2019. California Supreme Court Limits Potential Recovery Under PAGA. But because the court found that a PAGA plaintiff may not seek individual relief under Section 558, there is no damages portion of a PAGA claim that may be compelled to arbitration. The Fourth Appellate District concluded that because this indivisible civil penalty could only be recovered through PAGA, it fell within Iskanian’s prohibition on predispute waiver of such claims. One bill affected this section. Section 558 of the California Labor Code is a civil penalty statute permitting the Labor Commissioner to issue citations for: (1) civil penalties, which are to be dispersed to the state, and (2) “underpaid wages,” which are to be dispersed directly to the underpaid employees. By Rafael N. Tumanyan & Emily Burkhardt Vicente on September 13, 2019. App. Compiled September, 2020. Sec. v. Superior Court bringing some welcomed good news for California … The recent decision of Ross v.County of Riverside (2019) 2019 WL 2537342 further strengthens that law. 4 Lawson v. ZB, N.A., 18 Cal. Labor Code section 558. CA Labor Code Section 2814. The following covers some of the key highlights, some of which became effective on January 1, … Although the Fifth Appellate District had recently accepted this same argument,7 the Fourth Appellate District in Lawson rejected ZB’s argument. Posted in Advice & Counseling, Class Actions, Discrimination, Employment Litigation, Wage and Hour. Read Section 558, Cal. Labor Code § 558.1 : California Labor Code — Employment Regulation And Supervision — General — Liability for violations . Justia - California Civil Jury Instructions (CACI) (2020) 2704. The court concluded they are not. Labor Code Section 558 and PAGA. 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