©2024 Seyfarth Shaw LLP www.seyfarth.com 2024 Cal-Peculiarities | 269 PAGA penalties can also apply to Wage Order violations, by virtue of a Labor Code section that incorporates Wage Order provisions within the Labor Code.657 Charted below are some commonly applicable Labor Code provisions, together with common Wage Order provisions, and the associated civil penalties. “LC 210” refers to civil penalties imposed by section 210 for certain wage payment violations—$100 per employee for the first violation, $200 per employee for each later violation or for willful or intentional violation, plus 25% of the amount unlawfully withheld.658 “LC 225.5” refers to civil penalties imposed by section 225.5 for certain additional wage payment violations— $100 per employee for first violation, $200 per employee for each later violation or for willful or intentional violation, plus 25% of the amount unlawfully withheld.659 “LC 558” refers to civil penalties imposed by section 558 for violations of certain Labor Code provisions and Wage Order provisions regulating hours and days of work: $50 per “underpaid employee” per each pay period of underpayment for the first violation (in addition to an amount sufficient to recover underpaid wages), and $100 per underpaid employee per each pay period for each further violation (in addition to an amount sufficient to recover underpaid wages).660 “LC 1197.1” refers to civil penalties imposed under section 1197.1 for failure to pay minimum wage—$100 per underpaid employee per pay period for the first intentional violation and $250 per underpaid employee per pay period (regardless of intent) for each further occurrence of the “same specific offense.” These penalties are “in addition to an amount sufficient [for an employee] to recover underpaid wages and liquidated damages pursuant to section 1194.2, and any applicable penalties imposed under section 203.”661 “LC 2699” refers to the prospect that PAGA has created a new penalty for violation of the provision in question, in the amount of $100 per employee per pay period for the first violation and $200 per employee per pay period for each further violation.662 We group Labor Code provisions, for ease of reference, into these categories: provisions forbidding certain conditions of employment (§ 7.25.3 below), provisions forbidding certain employer inquiries or surveillance (§ 7.25.4 below), provisions governing hiring employees (§ 7.25.5 below), provisions governing paying wages during employment (§ 7.25.6 below), provisions governing paying wages at termination of employment (§ 7.25.7 below), provisions governing paying benefits to employees (§ 7.25.8 below), provisions governing indemnification of employees (§ 7.25.9 below), provisions governing required employer disclosures (§ 7.25.10 below), provisions governing scheduling and work quotas for employees (§ 7.25.11 below), provisions governing accommodating employees (§ 7.25.12 below),
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