Wage theft enforcement mechanisms expanded in California

Assembly Bill No. 594 (AB 594) seeks to address wage theft issues in California by introducing an additional method of enforcing the Labor Code. AB 594 permits public prosecutors, including the Attorney General, a district attorney, a city attorney, a county counsel, or any other city or county prosecutor, to independently prosecute certain wage and hour violations that occur within their geographic jurisdiction. Previously, only the Labor Commissioner’s office had this power.

A public prosecutor is now authorized to prosecute an action, either civil or criminal, for a violation of the Labor Code or to enforce the provisions of the Labor Code independently and without specific direction of the Division of Labor Standards Enforcement, the Division of Workers’ Compensation, or the Division of Occupational Safety and Health. The law also prevents individual agreements (i.e., not collective bargaining agreements) between employers and their employees from limiting the Labor Commissioner or public prosecutor’s ability to enforce the Labor Code, and permits public prosecutors to enforce misclassification violations, in which employees are wrongfully classified as independent contractors.

A public prosecutor may seek injunctive relief to prevent continued violations of the Labor Code, as well. In successful actions, the moneys recovered by public prosecutors will be paid first to payments due to affected workers, then to the General Fund of the state. Under AB 594, courts must award prevailing plaintiffs reasonable attorney’s fees and costs in certain circumstances, including expert witness fees, which will increase workers’ access to justice and secure greater compliance with wage and hour laws.

The provisions of AB 594 will remain in effect until January 1, 2029.

If you have any questions please contact your labor law counsel.