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California Labor Code Section 225.5

Legal Research Home > California Lawyer > Labor Code > California Labor Code Section 225.5

In addition to, and entirely independent and apart from, any
other penalty provided in this article, every person who unlawfully
withholds wages due any employee in violation of Section 212, 216,
221, 222, or 223 shall be subject to a civil penalty as follows:
   (a) For any initial violation, one hundred dollars ($100) for each
failure to pay each employee.
   (b) For each subsequent violation, or any willful or intentional
violation, two hundred dollars ($200) for each failure to pay each
employee, plus 25 percent of the amount unlawfully withheld.
   The penalty shall be recovered by the Labor Commissioner as part
of a hearing held to recover unpaid wages and penalties or in an
independent civil action.  The action shall be brought in the name of
the people of the State of California and the Labor Commissioner and
attorneys thereof may proceed and act for and on behalf of the
people in bringing the action.  Twelve and one-half percent of the
penalty recovered shall be paid into a fund within the Labor and
Workforce Development Agency dedicated to educating employers about
state labor laws, and the remainder shall be paid into the State
Treasury to the credit of the General Fund.

Last modified: January 12, 2009