Alternative Enforcement

Cal. LAB § 181

California Statutes

(

a) In addition to any other remedies available, a public prosecutor may prosecute an action, either civil or criminal, for a violation of Division 2 (commencing with

Section 200), but excluding

Part 3.5 (commencing with

Section 1140) and

Part 13 (commencing with

Section 2698), or Division 3 (commencing with

Section 2700), but excluding

Chapter 4 (commencing with

Section 3070), or to enforce those provisions of this code independently, or to enforce any other provisions of this code as specifically authorized. All remedies available for violations of this code, including, but not limited to, wages, liquidated damages, and other civil penalties, may be recovered in an action by a public prosecutor under this chapter. Remedies recovered shall go first to workers to cover any unpaid wages, damages, or penalties owed to those workers, and any remaining civil penalties shall go to the General Fund of the state in an action under this chapter. An action of a public prosecutor under this

chapter shall be limited to redressing violations occurring within the public prosecutor’s geographic jurisdiction, unless the public prosecutor has statewide authority or has enforcement authority pursuant to

Section of the Business and Professions Code. Nothing in this

section shall divest the division of its authority to enforce this code and all labor laws of the state for the purposes of

Section 95. Nothing in this

chapter shall be read to limit or restrict a public prosecutor’s existing authority pursuant to

Section of the Business and Professions Code. (

b) In addition to any other remedies available, a public prosecutor may seek injunctive relief to prevent continued violations of Division 2 (commencing with

Section 200), but excluding

Part 3.5 (commencing with

Section 1140) and

Part 13 (commencing with

Section 2698), or Division 3 (commencing with

Section 2700), but excluding

Chapter 4 (commencing with

Section 3070). (

c) The court shall award a prevailing plaintiff in that action its reasonable attorney’s fees and costs, including expert witness fees and costs. (d)

(1) A public prosecutor shall provide a 14-day notice to the Division of Labor Standards Enforcement prior to prosecuting an action under this section. A public prosecutor’s failure to provide this notice shall not constitute a defense to the action.

(2) The Division of Labor Standards Enforcement shall have the right to intervene in any court proceedings brought pursuant to this

section by a public prosecutor unless the public prosecutor has statewide authority or has enforcement authority pursuant to

Section of the Business and Professions Code, in which case intervention in a proceeding brought pursuant to this

section shall be permissive. (

e) This

section shall remain in effect only until January 1, 2029, and as of that date is repealed. This subdivision shall not apply to any action initiated in court by a public prosecutor prior to January 1, 2029.

Document details

CollectionCalifornia Statutes
CitationCal. LAB § 181
Date2025-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierLAB181.20249691

Alternative Enforcement

Cal. LAB § 181

California Statutes

Alternative Enforcement

Cal. LAB § 181

California Statutes

(

a) In addition to any other remedies available, a public prosecutor may prosecute an action, either civil or criminal, for a violation of Division 2 (commencing with

Section 200), but excluding

Part 3.5 (commencing with

Section 1140) and

Part 13 (commencing with

Section 2698), or Division 3 (commencing with

Section 2700), but excluding

Chapter 4 (commencing with

Section 3070), or to enforce those provisions of this code independently, or to enforce any other provisions of this code as specifically authorized. All remedies available for violations of this code, including, but not limited to, wages, liquidated damages, and other civil penalties, may be recovered in an action by a public prosecutor under this chapter. Remedies recovered shall go first to workers to cover any unpaid wages, damages, or penalties owed to those workers, and any remaining civil penalties shall go to the General Fund of the state in an action under this chapter. An action of a public prosecutor under this

chapter shall be limited to redressing violations occurring within the public prosecutor’s geographic jurisdiction, unless the public prosecutor has statewide authority or has enforcement authority pursuant to

Section of the Business and Professions Code. Nothing in this

section shall divest the division of its authority to enforce this code and all labor laws of the state for the purposes of

Section 95. Nothing in this

chapter shall be read to limit or restrict a public prosecutor’s existing authority pursuant to

Section of the Business and Professions Code. (

b) In addition to any other remedies available, a public prosecutor may seek injunctive relief to prevent continued violations of Division 2 (commencing with

Section 200), but excluding

Part 3.5 (commencing with

Section 1140) and

Part 13 (commencing with

Section 2698), or Division 3 (commencing with

Section 2700), but excluding

Chapter 4 (commencing with

Section 3070). (

c) The court shall award a prevailing plaintiff in that action its reasonable attorney’s fees and costs, including expert witness fees and costs. (d)

(1) A public prosecutor shall provide a 14-day notice to the Division of Labor Standards Enforcement prior to prosecuting an action under this section. A public prosecutor’s failure to provide this notice shall not constitute a defense to the action.

(2) The Division of Labor Standards Enforcement shall have the right to intervene in any court proceedings brought pursuant to this

section by a public prosecutor unless the public prosecutor has statewide authority or has enforcement authority pursuant to

Section of the Business and Professions Code, in which case intervention in a proceeding brought pursuant to this

section shall be permissive. (

e) This

section shall remain in effect only until January 1, 2029, and as of that date is repealed. This subdivision shall not apply to any action initiated in court by a public prosecutor prior to January 1, 2029.

Document details

CollectionCalifornia Statutes
CitationCal. LAB § 181
Date2025-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierLAB181.20249691