California SB 310: Wage Theft Bill on Pause

What Does SB 310 Propose?

Introduced by Senator Scott Wiener of San Francisco, SB 310 aims to make it easier for workers to recover penalties for late or unpaid wages, not just the wages themselves. Under current California law, workers often face steep legal and procedural barriers when trying to recover these penalties directly in court. As a result, employers who delay or withhold wages may face little meaningful consequence.

Senator Wiener has emphasized the urgency of this issue, stating, “Low-wage workers currently have no viable way under California law to recover penalties for late or stolen wages. As a result, employers have little incentive to pay workers on time.”

If passed, SB 310 would allow workers to file lawsuits directly to recover penalties associated with delayed or unpaid wages. This change would ensure that employers who violate wage laws face real financial consequences, creating a stronger deterrent against wage theft.

Why Was the Bill Delayed?

The California Chamber of Commerce and other employer groups opposed the bill, citing potential conflicts with the Private Attorneys General Act (PAGA). Senator Wiener has called these objections part of a “misinformation campaign,” stating these concerns are "baseless." 

Even with this setback, the fight for fair pay isn't over. Supporters of SB 310, including groups like the California Rural Legal Assistance Foundation and Legal Aid at Work, are determined to keep pushing. 

The Fight for Delayed or Unpaid Wages Continues

Mark Schacht, Deputy Director of the California Rural Legal Assistance Foundation, explained, "Low wage workers deserve a meaningful avenue to remedy employer wage theft, and this bill simply gives them the same relief in a court proceeding that they could obtain if they prevailed in an LCO hearing." In other words, SB 310 would give workers a quicker and more effective way to get what they're owed, without forcing workers to go through a lengthy administrative process with the Labor Commissioner’s Office (LCO). 

Senator Wiener plans to work with another senator to improve SB 310 and bring it back up for a vote in January 2026. The goal is to make sure all workers in California are protected from wage theft and have a practical way to get what they are rightfully owed. 

Frequently Asked Questions

1. What is California’s SB 310 and who would it help?
SB 310 is a proposed California bill that would make it easier for workers to recover penalties when their wages are paid late or not paid at all. It is especially important for low-wage workers who often lack the resources to pursue lengthy legal or administrative claims.

2. How does SB 310 affect workers in California?
For California workers, SB 310 would create a more direct path to holding employers financially accountable for wage violations. Instead of relying solely on administrative processes, workers could pursue penalties in court when employers fail to pay them on time.

3. What problem with California wage laws is SB 310 trying to fix?

Currently, California law makes it difficult for workers to recover penalties for late or unpaid wages, even when violations are clear. SB 310 addresses this gap by allowing workers to seek those penalties directly, creating stronger enforcement of existing wage laws.

4. Can workers currently sue for late or unpaid wages?

Yes, workers can sue to recover unpaid wages, but recovering penalties is much more challenging under current law. SB 310 would expand workers’ ability to recover both wages and penalties when employers violate pay requirements.

5. Why was SB 310 delayed until 2026?
The bill faced opposition from employer groups, including the California Chamber of Commerce, which raised concerns about potential conflicts with the Private Attorneys General Act (PAGA). These objections led lawmakers to pause the bill for further review and revisions.

6. What happens if an employer pays wages late in California today?
While California law technically allows for penalties when wages are paid late, workers often must go through the Labor Commissioner’s Office to recover them. This process can be slow and complex, discouraging many workers from pursuing full relief.

7. When could SB 310 become law?
Senator Scott Wiener has indicated that he plans to bring SB 310 back for consideration in January 2026 after working with lawmakers to address concerns and strengthen the bill.