SAN FRANCISCO – Senator Scott Wiener (D-San Francisco) announced the introduction of Senate Bill 310 (SB 310), a piece of legislation designed to empower workers in California to swiftly recover full penalties when employers fail to pay wages on time or at all. The current legal framework poses significant challenges for employees seeking to reclaim lost wages, often leaving them with limited and inefficient options.
Under existing California law, workers can pursue two primary avenues for recovering stolen wages:
- Filing a Wage Claim with the Labor Commissioner’s Office (LCO): This process can take years, with workers often waiting extensively for a hearing date. From 2017 to 2021, the average wait time for a decision was 505 days—far beyond the 135 days mandated by law. Such delays can lead many workers to abandon their claims out of frustration.
- Filing a Private Attorneys General Act (PAGA) Lawsuit: While this route allows workers to seek penalties, it significantly limits their recovery. Workers can only reclaim 35% of the assessed penalties, with the remaining 65% going to the state, leaving them without full restitution for their losses.
Senator Wiener believes that these hurdles create an environment where wage theft can flourish, causing severe financial strain for countless employees who depend on timely wages to meet their basic needs, such as food, rent, and other essentials.
Wage theft is a prevalent issue in California, the Senator believes, with the State Labor Commission receiving tens of thousands of complaints each year. Delayed or unpaid wages not only disrupt household budgets but also effectively transform workers into unwilling lenders to their employers, as they provide interest-free loans when payments are not made on time.
SB 310 aims to address these issues by allowing workers to recover penalties through an independent civil action. This change is designed to provide a more straightforward and timely method for workers to reclaim the full penalties they are entitled to, without the lengthy delays associated with the Labor Commissioner’s process.
“Everyone deserves to be paid the full wages they are owed, in a timely manner, for the work they do,” stated Senator Wiener. “Wage theft is a widespread concern for millions of Californians, but the legal remedies available are deeply flawed. SB 310 creates a straightforward new path for workers to recover the full penalties when they are paid late.”
- Timely Recovery: By allowing workers to file civil actions, SB 310 aims to reduce the time it takes to recover penalties, providing quick relief for those affected by wage theft.
- Full Penalties: Workers would be entitled to recover 100% of the available penalties for late or unpaid wages, eliminating the limitations imposed by the current PAGA framework.
- No Change to Penalty Amounts: The bill does not alter the amounts employers are required to pay for late wage payments, ensuring that workers’ rights are strengthened without changing the underlying penalties.
The legislation has garnered support from organizations committed to workers’ rights, including the California Rural Legal Assistance Foundation and Legal Aid at Work. These organizations emphasize the need for effective legal remedies to combat wage theft and protect vulnerable workers.
With the introduction of SB 310, Senator Wiener believes he is taking a significant step toward addressing the pervasive issue of wage theft in California. By creating a more accessible and effective pathway for workers to recover their rightful wages, this legislation aims to empower employees and ensure that everyone is paid fairly for their labor. As California continues to grapple with the challenges posed by wage theft, SB 310 represents a hopeful advancement in the fight for workers’ rights.
