Cal. Code Regs. tit. 8 § 13656

Current through Register 2024 Notice Reg. No. 44, November 1, 2024

Section 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, manufacturer(s), and brand guarantor(s) as follows:

(a) The amounts owed by the contractor for:

(1) Unpaid minimum wages;

(2) Unpaid overtime wages;

(3) Other unpaid (including regular or other premium) 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 manufacturer for:

(1) their joint and several liability for the full amount of unpaid minimum, regular. overtime, and other premium wages, reimbursement for expenses, and any other compensation, including interest under Labor Code Section 2673.1(a); and

(2) their proportionate share of liability for damages and penalties, including interest, under Labor Code Section 2673.1(b).

(c) The amounts owed by each brand guarantor for their joint and several liability for the full amount of unpaid minimum, regular, overtime, and other premium wages, reimbursement for expenses, and any other compensation, including interest under Labor Code Section 2673.1(a).

Cal. Code Regs. Tit. 8, § 13656

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

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.

1. New section filed 9-9-2002; operative 10-9-2002 (Register 2002, No. 37).
2. Change without regulatory effect amending section and Note filed 11-9-2023 pursuant to section 100, title 1, California Code of Regulations (Register 2023, No. 45).