Provides that if a judgement for unpaid wages remains unsatisfied for 6 months after the judgement becomes final, the amount of the judgement doubles, and then doubles again for each additional 6-month period the judgement remains unsatisfied.
CMTA staff information CMTA lobbyist: Willie Washington
Latest CMTA position paper: Sept. 25 To: Gov. Davis, VETO AB 1133 The California Manufacturers and Technology Association (CMTA) are opposed to AB 1133 (Koretz) and request you veto the bill. AB 1133 would increase the amount of any wage claim judgment for nonpayment of wages by up to four times the amount of any wage claim.
CMTA is opposed to the bill because it is gross overkill and would set a new and very onerous precedent. It is unconscionable to mandate such an arbitrary penalty scheme that requires a penalty equal to the amount of the original judgment be applied every six months for up to two years that the wage judgment remains unpaid in order to enforce payment. The Labor Commissioner is responsible for the enforcement of Labor Code judgments and this judgment is no more important than other similar judgments that are awarded a reasonable penalty and interest on unpaid wages and benefits. Employers are concerned because AB 1133 sets a dangerous precedent of penalizing employers for the failure of the commissioner to timely enforce judgments.
AB 1133 would also increase litigation cost for employers by allowing private attorneys to bring wage and hour lawsuits in order to recover attorney fees and costs. Once the Labor Commissioner has entered a judgement, it should be the sole responsibility of the commissioner to enforce the timely payment of the judgement, especially in view of their current authority to recover costs and reasonable attorney fees.
CMTA is opposed to AB 1133 for the above reasons and we urge you to veto the bill.
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