Section 558 Of Chapter 1. General From California Labor Code >> Division 2. >> Part 2. >> Chapter 1.
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. (a) Any employer or other person acting on behalf of an
employer who violates, or causes to be violated, a section of this
chapter or any provision regulating hours and days of work in any
order of the Industrial Welfare Commission shall be subject to a
civil penalty as follows:
(1) For any initial violation, fifty dollars ($50) for each
underpaid employee for each pay period for which the employee was
underpaid in addition to an amount sufficient to recover underpaid
wages.
(2) For each subsequent violation, one hundred dollars ($100) for
each underpaid employee for each pay period for which the employee
was underpaid in addition to an amount sufficient to recover
underpaid wages.
(3) Wages recovered pursuant to this section shall be paid to the
affected employee.
(b) If upon inspection or investigation the Labor Commissioner
determines that a person had paid or caused to be paid a wage for
overtime work in violation of any provision of this chapter, any
provision regulating hours and days of work in any order of the
Industrial Welfare Commission, or any applicable local overtime law,
the Labor Commissioner may issue a citation. The procedures for
issuing, contesting, and enforcing judgments for citations or civil
penalties issued by the Labor Commissioner for a violation of this
chapter shall be the same as those set out in Section 1197.1.
(c) In a jurisdiction where a local entity has the legal authority
to issue a citation against an employer for a violation of any
applicable local overtime law, the Labor Commissioner, pursuant to a
request from the local entity, may issue a citation against an
employer for a violation of any applicable local overtime law if the
local entity has not cited the employer for the same violation. If
the Labor Commissioner issues a citation, the local entity shall not
cite the employer for the same violation.
(d) The civil penalties provided for in this section are in
addition to any other civil or criminal penalty provided by law.
(e) This section does not change the applicability of local
overtime wage laws to any entity.