§ 1160.10. — 1160.10. (Added by Stats. 2022, Ch. 673, Sec. 4.)

California § 1160.10.

• Jurisdiction: California
• Code LAB: Labor Code - LAB
• Div. 2.: DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION
• Part 3.5.: PART 3.5. AGRICULTURAL LABOR RELATIONS
• Ch. 6.: CHAPTER 6. Prevention of Unfair Labor Practices and Judicial Review and Enforcement

Text

(a)
(1)
Any employer who commits an unfair labor practice shall, in addition to any remedy ordered by the board, be subject to a civil penalty in an amount not to exceed ten thousand dollars ($10,000) for each violation.
(2)
In cases involving violations of subdivision (c) or (d) of Section 1153, or involving any violation of Section 1153 that results in the discharge of an employee or other serious economic harm to an employee, the board shall double the amount of the penalty to an amount not to exceed twenty-five thousand dollars ($25,000).
(b)
In determining the amount of any civil
penalty to be imposed under this section, the board shall consider the following:
(1)
The gravity of the unfair labor practice.
(2)
The impact of the unfair labor practice on the charging party, on other persons seeking to exercise rights guaranteed by this part, and on the public interest.
(3)
The financial circumstances of the employer.
(c)
If the board determines, based on the particular facts and circumstances of a case, that imposing personal liability on a director or officer of an employer, a civil penalty pursuant to this section may also be assessed against a director or officer of the employer who directed or committed the violation, had established a
policy that led to the violation, or had actual or constructive knowledge of, and the authority to prevent, the violation and failed to do so.

Legislative History

Added by Stats. 2022, Ch. 673, Sec. 4. (AB 2183) Effective January 1, 2023.