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Under existing law, it is both a felony and a misdemeanor crime punishable by jail and a fine of up to $1,000 for an employer to purposely fail to make agreed-upon payments to health and welfare funds, pension funds, and various benefit plans.
SB 390 amends Labor Code § 227 to additionally make it a crime, as described above, for an employer to purposely fail to remit withholdings (including FICA taxes- social security and Medicare, state disability insurance, and PIT) from an employee's wages that were made pursuant to any state, local, or federal law, and allows the California Labor Commissioner to investigate and pursue criminal misdemeanor prosecution for said offenses punishable by a fine of up to $1000, and imprisonment in a county jail for up to 1 year.
Posted In: Employment Law News
Blog Categories:Business Law Bulletin
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Disclaimer: The information presented on this web site was prepared by Melissa C. Marsh for general informational purposes only and does not constitute legal advice. The information provided in my articles and alerts should not be relied upon, or used as a substitute for professional legal advice from an attorney you retain to advise or represent you. Your use of this Internet site does not create an attorney- client relationship. Transmission of this article is not intended to create, and receipt of it does not constitute, an attorney-client relationship. All uses of the contents of this site, other than personal uses, are prohibited. You may print or email a copy of any information posted on this web site for your own personal, non-commercial, use, but you may not publish any of the articles or posts on this web site without the Express Written Permission of Melissa C. Marsh.
Located in Los Angeles, California, the Law Office of Melissa C. Marsh handles business law and corporation law matters as a lawyer for clients throughout Los Angeles including Burbank, Sherman Oaks, Studio City, Valley Village, North Hollywood, Woodland Hills, Hollywood, West LA as well as Riverside County, San Fernando, Ventura County, and Santa Clarita. Attorney Melissa C. Marsh has considerable experience handling business matters both nationally and internationally. We routinely assist our clients with incorporation, forming a California corporation, forming a California llc, partnership, annual minutes, shareholder meetings, director meetings, getting a taxpayer ID number (EIN), buying a business, selling a business, commercial lease review, employee disputes, independent contractors, construction, and personal matters such as preparing a will, living trust, power of attorney, health care directive, and more.