Director: means Director of Industrial Relations.See California Education Code 32390; Person: means any person, association, organization, partnership, business trust, limited liability company, or corporation.See California Education Code 32289; Violation: includes a failure to comply with any requirement of the code. (a). The dispute in ZB centered on the language of Labor Code Section 558. California Labor Code § 558.1, effective January 1, 2016, states that an employer or “other person acting on behalf of an employer” who violates California’s wage and hour laws “may be held liable as the employer. 2011 California Code Labor Code DIVISION 2. (2018) 18 Cal.App.5th 705, California’s Fourth District Court of Appeal recently ruled that the two elements comprising damages under Labor Code § 558 – (a) underpaid wages and (b) denominated assessments – are indivisible. Terms Used In California Labor Code 558. California Labor Code Section 558 outlines penalties employers face for underpayment of employees. Jurisdiction: (1) The legal authority of a court to hear and decide a case. In August 2016, ZB moved the trial court to compel Lawson to individually arbitrate “her claim for victim-specific relief under Labor Code § 558” and stay the civil action. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. By limiting what is recoverable under PAGA, the decision immediately decreases the overall exposure on PAGA claims. Labor Code Section 558 and PAGA. Section 558 of the California Labor Code is a civil penalty statute permitting the Labor Commissioner to issue citations for: (1) civil penalties, which are to be dispersed to the state, and (2) “underpaid wages,” which are … General Section 558 Terms Used In California Labor Code 558.1. On September 12, 2019, the California Supreme Court in ZB, N.A. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.5] CHAPTER 1. (2) The geographic area over which the court has authority to decide cases. In Lawson v.ZB, N.A. Home > Employment Contracts and Agreements > The California Supreme Court Clarifies Wages are NOT Part of the “Civil Penalty” under Labor Code Section 558 in a PAGA Action. wages and premium wages per California Labor Code section 558.”2 (See §§ 558, 2699, subd. For more detailed codes research information, including annotations and citations, please visit Westlaw . v. Superior Court (Lawson) held that unpaid wages under Labor Code Section 558 are not recoverable under the Private Attorneys General Act (PAGA). Indeed, the Act added Labor Code Section 558.1, which imposes personal liability for certain wage and hour violations. Read this complete California Code, Labor Code - LAB § 558.1 on Westlaw FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system . 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