EmploymentQuestion 971 of 1605

Labor Code §558 authorizes civil penalties for violations of overtime and related wage-order provisions. Those penalties include:

a.Only a public reprimand
b.Nothing, since §558 is advisory
c.A set penalty per underpaid employee per pay period plus an amount sufficient to recover the underpaid wages
d.A reduction of the employer's tax rate

Explanation

Labor Code §558 provides civil penalties for violating wage-order or overtime provisions: a fixed amount per employee per pay period for an initial violation and a higher amount for subsequent violations, plus an amount sufficient to recover the underpaid wages for the affected employees. These penalties are enforceable (including through PAGA), not merely advisory.

Law Reference: Labor Code §558; overtime penalties

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