SB 1809, as enrolled: first look.

SB 1809 provides for the follwing

  • A redistribution of civil-penalty civil actions to 75% to the agency for eduction, and 25% to the employee.
  • Procedural and administrative requirements for proceeding with the suit. For most violations, written notice to the Labor and Workforce Development Agency is required. If they investigate and give a citation, no lawsuit can commence. Other violations (there is a long list in new LC 2699.5) can be "cured" after written notice, but only three times per year.
  • Gives judges discretion to lower award amount.
    "a court may award a lesser amount than the maximum civil penalty amount
    specified by this part if, based on the facts and circumstances of the
    particular case, to do otherwise would result in an award that is unjust,
    arbitrary and oppresive, or confiscatory." [new LC 2699(e)(2)]
  • Repeals requirement for filing any signed application with the DLSE (LC 431).
  • It amends LC 98.6 to include an anti-discrimination clause for employees who enforce these laws.

There are two retro-activity clauses, one for the posters and one requiring the court to supervise any settlements.