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Intentional Wage Theft to Carry Increased Criminal Liability

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CALIFORNIA EMPLOYER UPDATE

By Chandra Winter, Business Litigation Associate at Lobb & Plewe Attorneys at Law

California employers often feel they are navigating a minefield when it comes to maintaining wage and hour compliance in the ever-changing landscape of California law. One of the latest changes to that landscape, AB 1003 was signed into law by Governor Newsom on September 27, 2021, and will go into effect as Section 487m of the Penal Code on January 1, 2022. This new Section 487m imposes harsh penalties, including potential jail time, for employers committing intentional wage theft. When changes to employment law take effect, there is always concern about the scope and applicability of those changes, and smart employers take the opportunity to review their current policies.  

While the new Section 487m on its face creates harsh penalties, there are some key points the average California employer should understand to alleviate concerns about the threat of jail time. Wage theft is defined in the section as the intentional deprivation of wages, gratuities, benefits, or other compensation by unlawful means with the knowledge that the wages are due to the employee. This definition introduces two main points, intentional deprivation, and knowledge that the wages are due to the employee. Although the term ‘intentional’ is not defined in the bill, other areas of California state law and provisions in the Labor Code require deliberate acts rather than an honest mistake. While comforting, this does not mean that the bill can be ignored given that this crime carries a potential prison sentence of up to three years in addition to allowing employees or the Labor Commissioner to seek redress through civil action. The second point, that there must be knowledge of the wages being due to the employee has also been addressed under current law but is not specifically addressed in the bill. Under the current legal framework, a good faith dispute regarding wages due precludes the imposition of penalties. These two points serve as protection for well-meaning employers following best practices to ensure that their employees are timely paid all wages owed.  

It is important to note that under Section 487m, the code defines an “employee” to include independent contractors, and  “employer” to include the hiring entity of an independent contractor this broader definition increases the type of employer who will be potentially liable under the bill. Additionally, the monetary amounts are the only limits placed, so employers of any number of employees need to ensure compliance as this bill is directed at all employers not only those that employ a larger number of employees. Section 487m makes an employer’s intentional wage theft of more than $950 from one employee, or $2,350 total from at least two employees, within a 12-month period, punishable as grand theft. The bill further allows wages, gratuities, benefits, or other compensation subject to the prosecution to be recovered as restitution. 

As with any change to the legal requirements regarding wages and employment, this bill should serve as a reminder that frequent reviews of your employment policies are the best way to protect yourself and your company. Now is a great time to review your policies and procedures to keep your company’s practices in line with the best practices related to California wage and hour law. This review should include policies related to all employees and independent contractors, policies for time entry and verification, payment of overtime wages, tracking of all tips and gratuities, and the delineation of discretionary and non-discretionary bonuses as appropriate. Our firm can assist your company in organizing a compliance review protocol as well as handling any claims or employment litigation.

The Inland Empire Business Journal (IEBJ) is the official business news publication of Southern California’s Inland Empire region - covering San Bernardino & Riverside Counties.

Business

Ontario Set to Open Newest Play Street Museum Location

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A children’s museum and indoor play area that lets imaginations wander open soon to local community 

Play Street Museum, an interactive children’s museum and indoor play area purposefully designed to encourage a young child’s sense of independence, exploration, and creativity, will be opening its newest franchise location in the coming weeks in Ontario, California. Locally owned by Teresa and Sergio Carreras, the coming location marks a key milestone in an expanding franchise program, with its first location in California. 

“We’re thrilled to bring the newest Play Street Museum to Ontario for our local community to enjoy,” shared Teresa and Sergio Carreras. “After visiting Play Street Museum with our grandchildren, we knew we had to bring a location to California, and we’re excited to share it with the community and hope it serves Inland Empire families in big ways.” 

“We’re proud empty nesters and even prouder grandparents of five wonderful grandchildren. Becoming grandparents has been one of the greatest joys of our lives. This season of life has given us the opportunity to slow down and truly savor the wonder of childhood again,” continued Carreras. “We look forward to welcoming local families, schools, and community groups to experience everything the new Play Street Museum has to offer.” 

Teresa and Sergio Carreras believe children learn best when they’re having fun and can touch, build, pretend, and explore. Every exhibit at Play Street Museum Ontario is designed to spark curiosity, creativity and confidence. Whether children are running a pretend grocery store, experimenting with simple science, creating art, or climbing into imaginative worlds, children are learning skills that will stay with them for a lifetime. “This space is not just for kids. It’s for grandparents who cherish story time in a cozy corner. For parents who light up watching their child try something new. For caregivers who treasure the laughter and togetherness of play,” shared Carreras. 

Play Street Museum offers an expansive, rotating curriculum at each location specifically designed for children under nine years of age. Everyday and every week is different at Play Street Museum, providing motivation and justification 

for a scheduled time in families’ busy calendars. Play Street Museum Ontario also offers one-of-a-kind birthday parties, complete with comprehensive themes and options for parents from “Do-It-Yourself” to “Sit Back & Relax”, in addition to special events and activities during evenings and weekends. 

In Scientific American’s article, “The Need for Pretend Play in Child Development”, Yale professor Dr. Scott Barry Kaufman summarized the last 75 years of research by declaring imaginative play as a “vital component to the normal development of a child.” By narrowing the focus of Play Street Museum and its indoor play areas to the interests and imaginations of children eight and under, young explorers discover educational exhibits and activities in a world specifically crafted just for them. The deliberate and manageable scale enables children to self-navigate throughout the children’s museum and indoor play area to engage deeply in activities about which they are most interested and passionate. This freedom reinforces independence in the child and also has the benefit of creating a more relaxed and accommodating museum experience for the caregiver. 

“Play Street Museum is thrilled to welcome and open the Ontario location soon with our incredible partners, Teresa and Sergio Carreras. As parents and grandparents, they understand the powerful impact of play and intentionally sought to bring its benefits to this part of the Ontario area. They’ve taken their passion for children, education, and play and applied it to building a dynamic, local business that will support the health and well-being of their own community,” commented Play Street Museum Founder and CEO, Courtney Muccio

Located at 910 North Haven Avenue, Suite 150, the new Ontario location makes the extensive, and well researched benefits of play easily accessible to the local community. The museum’s team of highly knowledgeable associates can provide guidance on additional opportunities to expand the play and learning, either on site or at home, from corresponding activity kits, to pottery, to slime kits, to sensory kits. Customers can also book their play time in advance in addition to schedule birthday parties or private events. 

Families and customers can visit 

https://www.ontario.playstreetmuseum.com/ to book playtime, birthday parties, field trips, and to check out special events. 

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Business

Sweet Success: The Inland Empire Regional Chamber of Commerce Teams with The Freaky Cookie to Elevate Local WBENC-Certified Business

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How The Freaky Cookie Grew with Chamber Support: A WBENC Success Story in the Inland Empire

At the Inland Empire Regional Chamber of Commerce (IERCC), we pride ourselves on championing business growth and recognizing the powerful stories of our members. One standout example is Sheila Cavalier, founder of The Freaky Cookie—a fun and rebellious cookie catering company she launched in 2018 alongside her son, Marcus.

What began as a direct-to-consumer venture has grown into a business-to-business powerhouse, fueled by innovation, strategy, and strong community ties. The Freaky Cookie specializes in custom-labeled, individually wrapped cookies for corporate gifts, bulk orders, and special events. Their nostalgic family recipe, dating back over 90 years, delivers both flavor and flair. As Cavalier puts it, “There’s never not a need for a large amount of cookies.”

Recognizing a unique market opportunity during the pandemic, Sheila pivoted the business model to focus on custom-branded cookies—meeting the surge in demand for individually packaged baked goods that also serve as creative marketing tools. “Corporations were tired of traditional marketing,” she recalls. “Our custom-labeled cookies became a fun, fresh alternative.”

In 2022, Sheila connected with IERCC President Edward Ornelas Jr. during the Multi-Chamber Mixer at Ontario International Airport. That meeting led to The Freaky Cookie joining IERCC, which soon opened doors to strategic partnerships and increased visibility. Through the chamber’s vast network and advocacy, Sheila has built relationships with organizations such as Bank of America, Fifth Third Bank, Top Golf, and Southwest Airlines, which featured The Freaky Cookie in their 50th Anniversary celebration at ONT.

“The IERCC has been a warm and welcoming space,” Cavalier said. “Having the chamber validate our business really means something. It’s helped us get our foot in the door with so many great companies.”

The impact has been tangible. With increased revenue and expanded operations, The Freaky Cookie is no longer just a clever name—it’s a growing force in regional commerce. As Sheila puts it, her goal now is simple but powerful: “Deliver smiles.”

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Fire Helmet Manufacturer Helps Disabled Community find Employment

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Riverside’s Phenix Technology Leads with Inclusion, Empowering the Disabled Community Through Workforce Training and Employer Education

Written by Logan Rosselli, IEBJ Content Contributor

In the heart of Riverside, off of Chicago Avenue, a small, but mighty team has been quietly manufacturing life-saving equipment for firefighters across the world for over 50 years. Phenix Technology Inc. is an internationally recognized fire helmet manufacturer who builds their products from start to finish right here in the Inland Empire. For their great products, they’ve received numerous awards such as the Greater Riverside Chamber of Commerce’s 2025 Innovator of the Year, a 2016 “E” for Exports award from the U.S. Department of Commerce, a finalist position in the “Coolest Thing Made in California” competition and more. However, their most recent accolade doesn’t involve their products at all.

In 2024, Phenix founded the ground breaking “Opportunity for All” program to provide disabled community members with the opportunity to access career education, hands-on experience and employment opportunities through an 11 week training cohort. In this program, neurodivergent individuals wanting to find stable employment learn about standard hiring practices, writing a resume, effective interviewing and professional attire while getting on-the-job training with a partnered employer in the community. It has helped dozens of disabled community members to find a new sense of independence and achieve their full potential while helping local employers find dependable employees who bring a unique perspective to the workplace.

It’s for this program that the National Association of Workforce Development Boards (NAWB), a representative of over 570 workforce development boards across the United States, honored Phenix with the prestigious W.O. Lawton Business Leadership Award in late March.

“While we take tremendous pride in the products we make, we also believe we have a mission to create a better world through developing opportunities,” said Angel Sanchez, CEO of Phenix Technology in a statement released in early April. “Opportunity for All has helped prove that individuals who have historically been excluded from the workforce don’t just contribute — they elevate organizations. We are honored to receive this national award and grateful to the partners who have helped us make this vision a reality.”

CEO Angel Sanchez Jr. accepts the NAWB Award

CEO Angel Sanchez Jr. accepts the NAWB Award

Though “Opportunity for All” is certainly the cornerstone program for the company, Phenix’s leadership team was not satisfied to leave their mission there. Thus, in 2024, the company founded its nonprofit arm, Phenix Gateway to offer more programs and advocacy to the community. Through Phenix Gateway, the company offers workforce development workshops for individuals who don’t need the full scale of the “Opportunity for All” program, but want to improve a specific skill like resume writing or workplace social skills.

However, Phenix knows that preparing disabled people for the workforce is only one end of the equation; the workforce also has to be prepared to accept the unique skills, perspectives and challenges of the disabled community. For this reason, Phenix Gateway offers employer training workshops as well as educational materials available to businesses and the community. Training programs cover a lot of ground, ranging from assistance with optimizing interviews for people with neurodevelopmental disorders to creating sensory-friendly environments in the workplace.

In Riverside, these programs have had a huge impact on the local community. As of March 2025, Phenix’s Opportunity for All program has had over two dozen participants and 44% found stable employment through or after the program. Their one-off workforce development workshops have seen over 200 participants learn new skills and help them find employment and the nonprofit currently partners with close to 90 businesses to assist them in their endeavor to create a more inclusive workforce.

Phenix Gateway staff helps a program participant with his skills

For businesses or community members interested in learning how they can support or participate in these programs, Phenix encourages them to reach out by email to info@phenixgateway.org and to attend their First Annual Gala: Rising Together, A Phenix Gateway Celebration, on Thursday, May 15th. Tickets for this event are available at phenixgateway.org.

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