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Chapter 6. Division of Labor Standards Enforcement
Subchapter 8. Garment Manufacturers

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§13656. Amounts Included in Assessment of Wages Owed and Order, Decision or Award.



The Labor Commissioner's assessment of wages owed issued pursuant to Labor Code Section 2673.1, and any subsequently issued order, decision or award, shall set out the amounts owed by the contractor and wage guarantor(s) as follows:

(a) The amounts owed by the contractor for:

(1) Unpaid minimum wages;

(2) Unpaid overtime wages;

(3) Other unpaid wages;

(4) Other compensation owed, including unreimbursed business expenses, pursuant to the Labor Code or applicable Industrial Welfare Commission order;

(5) Liquidated damages in an amount equal to the unpaid minimum wages;

(6) Liquidated damages in an amount equal to the unpaid overtime wages,

(7) Interest on all unpaid wages and on the liquidated damages from the date such wages became due, pursuant to Labor Code Section 98.1(c);

(8) Penalties pursuant to Labor Code Section 203; and,

(9) Any other penalties or damages arising under the Labor Code or applicable Industrial Welfare Commission order.

(b) The amounts owed by each wage guarantor for the guarantor's proportionate share of liability for:

(1) Unpaid minimum wages;

(2) Unpaid overtime wages;

(3) Interest on all unpaid minimum wages and overtime wages from the date such wages became due, pursuant to Labor Code Section 98.1(c); and,

(4) If it is found that the guarantor acted in bad faith within the meaning of Labor Code Section 2673.1(e), liquidated damages in an amount equal to the unpaid minimum wages and overtime wages, plus interest thereon.

NOTE

Authority cited: Section 2672, Labor Code. Reference: Sections 98, 98.1(c), 203, 226.7, 1194.2, 1195.5, 2673.1(e) and 2802, Labor Code.

HISTORY

1. New section filed 9-9-2002; operative 10-9-2002 (Register 2002, No. 37).

 

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