California Penal Code

§ 487m

PEN § 487m Effective Jan 1, 2022Title 13 · Part 1 · Ch. 5

Statute text

(a)Notwithstanding Sections 215 and 216 of the Labor Code, the intentional theft of wages in an amount greater than nine hundred fifty dollars ($950) from any one employee, or two thousand three hundred fifty dollars ($2,350) in the aggregate from two or more employees, by an employer in any consecutive 12-month period may be punished as grand theft.

(b)For purposes of this section, “theft of wages” is the intentional deprivation of wages, as defined in Section 200 of the Labor Code, gratuities, as defined in Section 350 of the Labor Code, benefits, or other compensation, by unlawful means, with the knowledge that the wages, gratuities, benefits, or other compensation is due to the employee under the law.

(c)For purposes of this section, “employee” includes an independent contractor and “employer” includes the hiring entity of an independent contractor.

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Legislative history

Added by Stats. 2021, Ch. 325, Sec. 1. (AB 1003) Effective January 1, 2022.