Employment: nonpayment of wages: complaints.

Assembly Member Ortega proposes substantial changes to California's wage complaint resolution process through amendments that establish new timelines, create funding mechanisms, and enhance enforcement capabilities for the Labor Commissioner's Office.

The legislation requires the Labor Commissioner to notify parties of wage complaints within 60 days, after which defendants have 30 days to either pay the claimed amount or file a detailed response. The bill mandates that investigations, assessments, and liability determinations be completed within 90 days of receiving the defendant's answer. For cases proceeding to hearings, the Labor Commissioner must issue decisions within 15 days of the hearing's conclusion.

The amendments create a Wage Recovery Fund, funded by a 30% administrative fee on awarded amounts. Upon legislative appropriation, these funds would support the Labor Commissioner's wage recovery operations. The bill also expands enforcement tools, allowing the Commissioner to impose liens on employers' real property and require asset disclosure from judgment debtors.

Under the revised appeals process, cases filed with superior courts are classified as unlimited civil cases, with courts gaining jurisdiction over related wage claims not initially raised before the Commissioner. Appealing defendants must post a bond equal to the awarded amount, and unsuccessful appellants bear court costs and attorney's fees. The legislation maintains existing provisions for interest accrual on unpaid wages while adding specific requirements for judgment satisfaction and enforcement.