Section 225.5 Of Article 1. General Occupations From California Labor Code >> Division 2. >> Part 1. >> Chapter 1. >> Article 1.
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.