Section 13902 - Penalty Assessment(a) Each violation will generally be subject to the maximum statutory penalty of ten thousand dollars ($10,000) per employee affected.(b) If during an investigation, a respondent argues that the appropriate penalty is below the statutory maximum of ten thousand dollars ($10,000), the Labor Commissioner shall consider the nature and seriousness of the violation based on the evidence obtained during the course of the investigation. Consideration of the nature and seriousness of the violation will include, but is not limited to, the type of violation, the economic or mental harm suffered, and the chilling effect on the exercise of employment rights in the workplace, and shall be considered to the extent evidence obtained during the investigation concerned any of these or other relevant factors.(c) In an appeal proceeding under Labor Code section 98.74, review of an assessed penalty shall be based on the evidence obtained during the investigation.Cal. Code Regs. Tit. 8, § 13902
1. New section filed 6-29-2022; operative 10-1-2022 (Register 2022, No. 26). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20. Note: Authority cited: Sections 95, 98.8 and 1019.1, Labor Code. Reference: Sections 98.6, 98.7, 98.74, 1019.1, 1102.5 and 2814, Labor Code.
1. New section filed 6-29-2022; operative 10/1/2022 (Register 2022, No. 28). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.