Store Research
Assembly Bill 1522 (Berman – 1976)
Chapter 1190, Statutes of 1976
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As enacted, Assembly Bill 1522 amended and added several sections of the Labor Code relating to the Division of Labor Enforcement. (See Exhibit #1g) Assembly Bill 1522 was introduced by Assembly member Howard Berman on April 4, 1975 and appears to have been sponsored by California Rural Legal Assistance. (See Exhibits #7 and #13, documents PE-6 through PE-7, PE-11 through PE-14, PE-16, and PE-17) Certain documents, however, indicate that the Agriculture and Services Agency also claimed the bill as theirs. (See Exhibit #13, documents PE-1, PE-2, and PE-10)
The measure was heard by the Assembly Committee on Labor Relations and the Assembly Committee on Ways and Means. (See Exhibits #3 and #5) On the Senate side, the measure was heard before the Senate Committee on Industrial Relations and the Senate Committee on Finance. (See Exhibits #7 and #9) The bill was amended three times in the Assembly and twice in the Senate. (See Exhibits #1b through #1f and #2) After passage in both Houses, Assembly Bill 1522 was approved by Governor Edmund G. Brown, Jr. on September 21, 1976 and recorded by the Secretary of State the following day as Chapter 1190 of the Statutes of 1976. (See Exhibits #1g and #2)
The Third Reading analysis of Assembly Bill 1522 provides the following detailed digest of the bill as last amended on May 3, 1976:
DIGEST Strengthens the procedures under which the Labor Commissioner of the Department of Industrial Relations collects unpaid wages on behalf of workers.
The bill specifically:
1. Requires the Commissioner to hold a hearing and make final determination on the claim which would then be subject to appeal if filed within 10 days after the decision.
2. Requires the Commissioner to notify the complainant 30 days after the filing of a complaint as to the time of the hearing, whether civil action will be initiated, or that no hearing will be held.
3. Increases penalties for:
a. Refusing Labor Commission access to any place of labor, or information pertaining to his/her lawful duties from $200 to $500.
b. Willfully impeding or preventing the Labor Commissioner in the performance of his/her duties from not less than $10 or more than $50 to not less than $100 nor more than $500.
4. Makes it a misdemeanor to ignore willfully a subpoena issued by the Labor Commissioner calling for an appearance at a distance of service of 100 miles or less instead of the existing law which sets such distance at 50 miles or less.
5. Repeals specified provisions relating to small claims courts.
6. Permits instead of requiring the division to recover the sum of $10 form every person who fails to pay the wages of each employee as a part of a hearing held to uncover unpaid wages and penalties or in an independent civil action.
7. Requires the Labor Commissioner to promulgate necessary rules and regulations to enforce this bill.
8. Requires the Labor Commissioner to provide qualified bilingual persons in public contact positions or as interpreters to assist those in such positions to provide information and services in the language of the non-English-speaking person.
(See Exhibit #11, page 1)