Recognized as one of the top firms for client service, BakerHostetler is a leading national law firm that helps clients around the world address their most complex and critical business and regulatory issues. With five core national practice groups — Business, Labor and Employment, Intellectual Property, Litigation, and Tax — the firm has more than 970 lawyers located in 14 offices coast to coast. BakerHostetler is widely regarded as having one of the country’s top 10 tax practices, a nationally recognized litigation practice, an award-winning data privacy practice and an industry-leading business practice. The firm is also recognized internationally for its groundbreaking work recovering more than $13 billion in the Madoff Recovery Initiative, representing the SIPA Trustee for the liquidation of Bernard L. Madoff Investment Securities LLC. Visit bakerlaw.com
Existing law makes it a crime for an employer to willfully, or with the intent to defraud, fail to remit agreed-upon payments to health and welfare funds, pension funds or vacation plans, or other various benefit plans.
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Existing law makes it a crime for an employer to willfully, or
with the intent to defraud, fail to remit agreed-upon payments to
health and welfare funds, pension funds or vacation plans, or other
various benefit plans. The crime is a felony where the amount the
employer fails to remit exceeds $500. All other violations are
punishable as a misdemeanor.
Senate Bill 390 amends this provision of Labor Code section 227,
making it a crime for an employer to fail to remit withholdings
from an employee's wages that were made pursuant to state,
local, or federal law, for example, for taxes. The new law also
provides for any recovered withholdings to be forwarded to the
appropriate plan or fund and for any restitution obtained in the
criminal proceeding to be paid to the agency, entity, or person to
whom it is owed.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
Court Recovery Of Unremitted Employee Wage Withholdings
United StatesEmployment and HR
Contributor
Recognized as one of the top firms for client service, BakerHostetler is a leading national law firm that helps clients around the world address their most complex and critical business and regulatory issues. With five core national practice groups — Business, Labor and Employment, Intellectual Property, Litigation, and Tax — the firm has more than 970 lawyers located in 14 offices coast to coast. BakerHostetler is widely regarded as having one of the country’s top 10 tax practices, a nationally recognized litigation practice, an award-winning data privacy practice and an industry-leading business practice. The firm is also recognized internationally for its groundbreaking work recovering more than $13 billion in the Madoff Recovery Initiative, representing the SIPA Trustee for the liquidation of Bernard L. Madoff Investment Securities LLC. Visit bakerlaw.com
