As used in this chapter, “public prosecutor” means the Attorney General, a district attorney, a city attorney, a county counsel, or any other city or county prosecutor.
Chapter 8Alternative Enforcement
Section § 180
In this section, 'public prosecutor' refers to officials like the Attorney General, district attorney, city attorney, county counsel, or any designated city or county prosecutor involved in legal proceedings.
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Section § 181
This law allows public prosecutors to take legal action, both civil and criminal, against certain violations of California labor laws, but with some exceptions. Prosecutors can also seek court orders to stop continued violations. When they win a case, they can recover unpaid wages for workers first, with any leftovers going to the state's General Fund. Prosecutors are limited to taking action in their local area unless they have broader authority. They must notify the Division of Labor Standards Enforcement before starting a case, and the Division can choose to get involved in the proceedings. This law is active until January 1, 2029, and does not apply to actions started in court before that date.
(a)CA Labor Code § 181(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 17204 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 17204 of the Business and Professions Code.
(b)CA Labor Code § 181(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)CA Labor Code § 181(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)Copy CA Labor Code § 181(d)
(1)Copy CA Labor Code § 181(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)CA Labor Code § 181(d)(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 17204 of the Business and Professions Code, in which case intervention in a proceeding brought pursuant to this section shall be permissive.
(e)CA Labor Code § 181(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.
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Section § 182
This law says that if a public prosecutor or the Labor Commissioner is taking legal action to enforce labor laws, any private agreement between a worker and their employer trying to limit these actions or require arbitration won't stop the enforcement. Even if someone appeals a decision to deny these limitations, the trial will continue as normal. However, this rule doesn't apply to collective bargaining agreements.
In any action initiated by a public prosecutor or the Labor Commissioner to enforce this code, any individual agreement between a worker and employer that purports to limit representative actions or to mandate private arbitration shall have no effect on the authority of the public
prosecutor or the Labor Commissioner to enforce the code. Any subsequent appeal of the denial of any motion or other court filing to impose such restrictions on a public prosecutor or the Labor Commissioner
shall not stay the trial court proceedings, notwithstanding Section 916 of the Code of Civil Procedure. An individual agreement does not include a collective bargaining agreement.
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