(a)The Labor Commissioner may prosecute all actions for the collection of wages, penalties, and demands of persons who in the judgment of the Labor Commissioner are financially unable to employ counsel and the Labor Commissioner believes have claims which are valid and enforceable.
The Labor Commissioner may also prosecute actions for the return of worker’s tools which are in the illegal possession of another person.
(b)The Labor Commissioner may prosecute action for the collection of wages and other moneys payable to employees or to the state arising out of an employment relationship or order of the Industrial Welfare Commission.
(c)The Labor Commissioner may also prosecute actions for wages or other monetary benefits that are due the Industrial Relations Unpaid Wage Fund.
Notes of Decisions
Aubry v. Tri-City Hosp. Dist., 831 P.2d 317 (Cal. 1992).
· cites it 6× “[1] Although the Labor Code authorizes actions by the DLSE on behalf of workers to collect wages (Lab. Code, § 98.3), it does not expressly establish a cause of action by the DLSE against an awarding body.”
Oto, L. L.C. v. Kho, 447 P.3d 680 (Cal. 2019).
· cites it 2× “) However, Labor Code section 98.3, subdivision (a), states that "[t]he Labor Commissioner may prosecute all actions for the collection of wages, penalties, and demands of persons who in the judgment of the Labor Commissioner are financially unable to employ counsel and the…”
Tippett v. Terich, 2 Wage & Hour Cas.2d (BNA) 1441 (Cal. Ct. App. 1995).
“(Lab. Code, § 98.3, subd. (a).) And, as we noted in Lusardi, the legislative history of the prevailing wage law shows that the Legislature intended remedies against the contractor for violation of the prevailing wage law to be cumulative and nonexclusive.”
Garcia v. Superior Court of Los Angeles Cnty., 236 Cal. App. 4th 1138 (Cal. Ct. App. 2015).
“) The commissioner may also file a civil action to recover unpaid wages (Lab. Code, §§ 98.3, 1193.6), as trustee of any funds collected.”
Dep't of Indus. Relations v. Seaboard Sur. Co., 3 Wage & Hour Cas.2d (BNA) 997 (Cal. Ct. App. 1996).
“(Lab. Code, § 98.3, subd. (a).) And, as we noted in Lusardi, the legislative history of the prevailing wage law shows that the Legislature intended remedies against the contractor for violation of the prevailing wage law to be cumulative and nonexclusive.”
California Chamber of Com. v. Simpson, 601 F. Supp. 104 (C.D. Cal. 1985).
“Cal. Labor Code § 98.3 . The issue is whether or not the taking of such assignments by the Commissioner and the prosecution of those ERISA claims before a competent state or federal court would affect the administration of employee benefit plans, or otherwise “relate to” such…”
Oto, L.L.C. v. Kho (Cal. 2019).
· cites it 2× “) However, Labor Code section 98.3, subdivision (a), states that 37 OTO, L.”
Garcia v. Super. Ct. (Cal. Ct. App. 2015).
“) The Commissioner may also file a civil action to recover unpaid wages (Lab. Code, §§ 98.3, 1193.6), as trustee of any funds collected.”
Garcia v. Super. Ct. (Cal. Ct. App. 2015).
“) The Commissioner may also file a civil action to recover unpaid wages (Lab. Code, §§ 98.3, 1193.6), as trustee of any funds collected.”
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