onecle - legal research

Court Opinions

State Laws

US Code

US Constitution

California Labor Code Section 1197.2

Legal Research Home > California Laws > Labor Code > California Labor Code Section 1197.2

1197.2.  (a) In addition to any other penalty imposed by law, an
employer who willfully fails to pay and has the ability to pay a
final court judgment or final order issued by the Labor Commissioner
for all wages due to an employee who has been discharged or who has
quit within 90 days of the date that the judgment was entered or the
order became final is guilty of a misdemeanor. For purposes of this
section, "final court judgment or final order" means a court judgment
or order as to which the time to appeal has expired and there is no
appeal pending. If the total amount of wages due is one thousand
dollars ($1,000) or less, upon conviction therefor, the employer
shall be fined not less than one thousand dollars ($1,000) nor more
than ten thousand dollars ($10,000) or imprisoned in a county jail
for not more than six months, for each offense. If the total amount
of wages due is more than one thousand dollars ($1,000) upon
conviction therefor, the employer shall be fined not less than ten
thousand dollars ($10,000) nor more than twenty thousand dollars
($20,000), or imprisoned in a county jail for not less than six
months, nor more than one year, or both the fine and imprisonment,
for each offense. If there are multiple failures to pay wages
involving more than one employee, the total amount of wages due to
all employees shall be aggregated together for purposes of
determining the level of fine and the term of imprisonment.
   (b) As used in this section, "willfully" has the same meaning as
provided in Section 7 of the Penal Code.
   (c) Nothing in this section precludes prosecution under any other
provision of law.

Section: Previous  1194.2  1194.3  1194.5  1195  1195.5  1197  1197.1  1197.2  1197.5  1198  1198.3  1198.4  1198.5  1199  1199.5  Next

Speak with a Lawyer in California

Last modified: March 17, 2014