California Code of Civil Procedure 706.154 – (a) If an employer fails to withhold or to pay over the amount …
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(a) If an employer fails to withhold or to pay over the amount the employer is required to withhold and pay over pursuant to this chapter, the judgment creditor may bring a civil action against the employer to recover such amount. The remedy provided by this subdivision is not exclusive.
(b) Notwithstanding subdivision (a), an employer who complies with any written order or written notice which purports to be given or served in accordance with the provisions of this chapter is not subject to any civil or criminal liability for such compliance unless the employer has actively participated in a fraud.
Terms Used In California Code of Civil Procedure 706.154
- creditor: means the state or the department or agency of the state seeking to collect the liability. See California Code of Civil Procedure 688.040
- Employer: means a person for whom an individual performs services as an employee. See California Code of Civil Procedure 706.011
- Fraud: Intentional deception resulting in injury to another.
(Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.)
