Section 1 [Submission of records; penalty] increases the penalty for failure to submit employment records to the Department of Labor and Industry (DLI) from $1,000 to $10,000.
Section 2 [Subpoenas] authorizes DLI to issue subpoenas to compel persons to give testimony and produce documents and other materials.
Section 3 [Keeping records; penalty] expands and clarifies record keeping requirements for employers, including retention of any personnel policies provided to employees and required notices. Increases the penalty for failure to maintain appropriate employment records from $1,000 to $10,000.
Section 4 [Misdemeanors] creates a criminal penalty of a gross misdemeanor for an employer that fails to pay any wages due to an employee or employees, if the total wages withheld in relation to all affected employees is $10,000 or more.
Section 5 [Prohibited practices] provides a definition of wage theft.
Section 6 [Enforcement] clarifies that the use of wage theft enforcement provisions does not preclude the use of other enforcement provisions provided by law.
Section 7 [Citations] allows the Commissioner of Labor and Industry to issue citations to an employer for failure to pay wages of up to $1,000. Specifies that the citation may require the employer to correct the violation, to cease and desist from committing the violation, and may assess a monetary penalty of up to $1,000. Specifies that if the citation includes a penalty assessment, the penalty is due on the date the citation becomes final. Requires the commissioner to vacate the citation if: (1) before the citation was issued, the employer paid the employee the back pay, gratuities, and compensatory damages specified in the citation; and (2) within five days after the citation is issued, the employer provides the commissioner acceptable evidence that the employer made the payment to the employee.
Section 8 [Administrative review] allows an employer to request an expedited hearing for review within 15 days after the commissioner issues a wage theft citation to an employer. Provides that if an employer does not request a hearing within 15 days, the citation becomes a final order of the commissioner and is not subject to review by any court or agency.
Section 9 [Effect on other laws] clarifies that the section does not limit the application of other state or federal laws.
Section 11 [Wages; how often paid] requires employers to pay employees on a regularly scheduled payday that occurs at least every 16 days, rather than every 31 days as provided in current law.
Section 12 [Appropriation] appropriates $500,000 each year in fiscal years 2018 and 2019 from the general fund to the Commissioner of Labor and Industry to address wage theft.