2021 has been another busy year for the Legislature’s enactment of new laws affecting California employers. Below you will find our annual 2021 Employment Law Update.
REAL PROPERTY OWNERS MAY BECOME SUBJECT TO LIENS FOR WAGE AND HOUR VIOLATIONS
SB 572, which becomes effective January 1, 2022, provides additional enforcement mechanisms to collect wage and hour awards against California employers. Specifically, this new law allows the California Labor Commissioner to obtain a lien on real property for any wage and hour award levied against an employer. Current state law provides for the imposition of various civil penalties on employers for failure to pay minimum wages, to provide for meal and rest periods, and for failure to pay overtime, among other requirements imposed under the California Labor Code. In claims brought by employees against their employers for such wage and hour violations, existing law permits the Labor Commissioner, as an alternative to a judgment lien against that employer, to create a lien on real property to recover amounts due under final orders in favor of the employee. Under SB 572, which will add section 90.8 to the California Labor Code, the Labor Commissioner will now also be able to create and implement the same lien on real property to recover amounts due to the Labor Commissioner under any final citation, findings, or decision, for matters brought against employers by the Labor Commissioner. Unless the lien is satisfied or released, a lien...
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