©2024 Seyfarth Shaw LLP www.seyfarth.com 2024 Cal-Peculiarities | 27 11 For more information, see www.labor.ca.gov (last visited Mar. 21, 2024). 12 Lab. Code § 1173. 13 See California Labor Federation v. IWC, 63 Cal. App. 4th 983 (1998). 14 Mendiola v. CPS Sec. Sols., Inc., 60 Cal. 4th 833, 838 n.6 (2015). See www.dir.ca.gov/iwc/wageorderindustries.htm (last visited Mar. 21, 2024). 15 Budget Act of 2023, Assembly Bill 102, Section 215, passed July 10, 2023, https://legiscan.com/CA/text/AB102/id/2833538 (last visited Mar. 21, 2024). 16 Lab. Code § 21. 17 Some industries historically have heavily relied on immigrant labor. California has enacted measures in recent years to protect immigrant workers (see §§ 3.5.8, 5.17, 6.6). 18 The campaign targets workers in low-wage industries (e.g., agriculture, garment, construction, and hospitality) and uses numerous languages to better reach immigrant workers. The websites, in English and Spanish, are www.wagetheftisacrime.com and www.robodesueldoesuncrimen.com (last visited Apr. 20, 2023). 19 SB 306, codified in Labor Code §§ 98.74, 1102.61, 1102.62 and amending Labor Code § 98.7(b)(2). 20 See Lab. Code §§ 98(a) and 98.3. 21 Lab. Code § 98. 22 Lab. Code § 98(a). 23 Lab. Code § 200.5(a). In 2013, the Court of Appeal held that, as long as a claimant is consistently pursuing remedies in any forum— administrative or judicial—the statute of limitations on a wage claim will be subject to equitable tolling, but this decision was depublished by the California Supreme Court. Bain v. Tax Reducers, Inc., 219 Cal. App. 4th 110 (2013), rev. denied and ordered not to be officially published, No. S213850 (Cal. Dec 11, 2013). 24 AB 1003, Penal Code § 487m. 25 AB 594, amending Labor Code §§ 218 and 226.8. 26 Lab. Code § 98.2. 27 Sonic-Calabasas A, Inc. v. Moreno, 51 Cal. 4th 659, 678, 695 (2011), vacated, 132 S. Ct. 496 (2011). 28 563 U.S. 333 (2011). 29 Sonic-Calabasas A, Inc. v. Moreno, 57 Cal. 4th 1109, 1146 (2013). 30 Lab. Code § 98.2(a). 31 Williams v. FreedomCard, Inc., 123 Cal. App. 4th 609, 615 (2004) (employer found liable for failure to pay wages waived right to appeal Labor Commissioner’s award of unpaid wages by failing to post surety bond or file declaration of indigency). 32 Lab. Code § 98.2(b). In years past, employers would sometimes timely appeal from DLSE orders within the 10-day statutory deadline, but not post the bond or cash deposit until later, because of financial or practical difficulties. But now the 10-day deadline applies to the undertaking requirement as well as the notice of appeal. Palagin v. Paniagua Constr., Inc., 222 Cal. App. 4th 124, 140 (2013). 33 Lab. Code § 98.2(b). Burkes v. Robertson, 26 Cal. App. 5th 334, 347 (2018); Palagin v. Paniagua Constr., Inc., 222 Cal. App. 4th 124, 126 (2013). 34 Lab. Code § 98.2(b). 35 Li v. Department of Indus. Relations, 53 Cal. App. 5th 877 (2020). 36 Cardinal Care Mgmt., LLC v. Afable, 47 Cal. App. 5th 1011 (2020). 37 Lab. Code § 98.1(c). 38 Lab. Code § 98.4. 39 Lab. Code § 98.2(c). 40 Smith v. Rae-Venter Law Grp., 29 Cal. 4th 345, 370 (2002) (before amendment of Labor Code section 98.2(c), either party seeking de novo appeal of Labor Commissioner order, whether employer or employee, was liable for the other side’s attorney fees and costs unless the trial court judgment was more favorable to the appealing party than was the award being appealed). 41 Lab. Code § 98.2(c) (amended effective 2004). See Progressive Concrete, Inc. v. Parker, 136 Cal. App. 4th 540, 554 (2006) (attorney fees not available to employer even though employer, after adverse ODA, succeeded in reducing the award on appeal). 42 Murphy v. Kenneth Cole Prods., Inc., 40 Cal. 4th 1094, 1114-20 (2007) (employee who claimed only overtime and waiting-time penalties before the DLSE could add, during the trial de novo on the employer’s appeal, additional claims for missing meal and rest breaks and inadequate wage statements). 43 Lab. Code § 98.7. This provision has not been held to be an employee’s exclusive remedy for discrimination of this sort. (See generally § 5.7.2.) 44 AB 1947, 2020 bill amending Lab. Code § 98.7(a)(1) (“Any person who believes that they have been discharged or otherwise discriminated against in violation of any law under the jurisdiction of the Labor Commissioner may file a complaint with the division within one year after the occurrence of the violation. The one-year period may be extended for good cause.”). 45 Lab. Code § 1195.5.
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