On February 2, 2026, the California Legislature declined to pass Senate Bill (SB) 310, which would have created a private right of action for employees to sue employers to recover penalties for untimely wage payments (e.g., wages that are not timely paid at least twice per month for non-exempt employees under Labor Code section 204(a)). SB 310 sought to amend California Labor Code section 210, which permits employees to recover specified penalties for untimely wages by filing a complaint with the Labor Commissioner or through an action filed by the Labor Commissioner against the employer. SB 310 would have permitted employees to file suit directly in Court to recover certain Labor Code section 210 penalties.
Proponents of SB 310 argued that a private right of action was needed because the backlog of claims pending before the DLSE delayed employees’ recovery and because the only other means of recovery was through a PAGA action, which provides employees with only 35% of the PAGA penalties recovered. Opponents argued that a private right of action would result in class actions for Labor Code section 210 penalties, plus “stacking” of claims for section 210 penalties added to PAGA claims for other types of violations (although double recovery would be prohibited), which would undercut recent PAGA reforms.
Although SB 310 did not pass, California employers should remain vigilant about providing timely wage payments, as wage timing violations can still result in Labor Code section 210 penalties through the Labor Commissioner process, which penalties are $100 for the first violation, $200 for any subsequent, willful, or intentional violation, plus 25% of the amount unlawfully withheld. In addition, employees can still file suit directly to seek PAGA penalties for violations of Labor Code sections regulating the timely payment of wages.
Employers should also expect the California Legislature to continue to pursue laws to regulate pay. Stay tuned to this blog for future wage and hour developments in California.
