Amended  IN  Senate  May 21, 2019
Amended  IN  Senate  March 26, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill No. 362

Introduced by Senator Roth

February 20, 2019

An act to amend Section 96.7 of the Labor Code, relating to employment.


LEGISLATIVE COUNSEL'S DIGEST


SB 362, as amended, Roth. Employment: unpaid wages and benefits: internet website.
Existing law establishes the Division of Labor Standards Enforcement, headed by the Labor Commissioner, within the Department of Industrial Relations, for the purpose of enforcing labor laws. Existing law authorizes the commissioner to collect unpaid wages and monetary benefits due to an employee. Under existing law, the commissioner acts as trustee and deposits the collected wages and benefits into the Industrial Relations Unpaid Wage Fund. Existing law requires the commissioner to make a diligent search to locate any worker for whom the commissioner has collected unpaid wages or benefits. Existing law requires the commissioner to remit those wages or benefits to the unpaid worker or the worker’s representative, or to a trust or custodial fund established under a plan to provide prescribed benefits.
This bill would require the commissioner to establish a database of unpaid wages or benefits collected pursuant to these provisions, indexed by employee name and listing prescribed information. The bill would require the department to make the database available to the public in a searchable format on its internet website.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 96.7 of the Labor Code is amended to read:

96.7.
 The Labor Commissioner, after investigation and upon determination that wages or monetary benefits are due and unpaid to any worker in the State of California, may collect those wages or benefits on behalf of the worker without assignment of the wages or benefits to the commissioner.
(a) The Labor Commissioner shall act as trustee of all those collected unpaid wages or benefits, and shall deposit the collected moneys in the Industrial Relations Unpaid Wage Fund.
(b) (1) The Labor Commissioner shall make a diligent search to locate any worker for whom the Labor Commissioner has collected unpaid wages or benefits.
(2) The Labor Commissioner shall establish a database of unpaid wages or benefits collected pursuant to this section, indexed by employee name and listing the name of the employer, the amount of the wages or benefits collected, collected and the date of deposit. The department shall make the database available to the public in a searchable format on its internet website.
(c) All wages or benefits collected under this section shall be remitted to the worker, the worker’s lawful representative, or to any trust or custodial fund established under a plan to provide health and welfare, pension, vacation, retirement, or similar benefits from the Industrial Relations Unpaid Wage Fund.
(d) Any unpaid wages or benefits collected by the Labor Commissioner pursuant to this section shall be retained in the Industrial Relations Unpaid Wage Fund until remitted pursuant to subdivision (c), or until deposited in the General Fund.
(e) The Controller, at the end of each fiscal year, shall transfer to the General Fund the unencumbered balance, less six months of expenditures as determined by the Director of Finance, in the Industrial Relations Unpaid Wage Fund.
(f) All wages or benefits collected under this section that cannot be remitted from the Industrial Relations Unpaid Wage Fund pursuant to subdivision (c) because money has been transmitted to the General Fund shall be paid out of the General Fund from funds appropriated for that purpose.