Labor Code — Part 1 | LAB — United States — California law | Esheria

Labor Code

Part 1 of 13 · provisions 1–200

This section says the act is to be known as the Labor Code.

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This section points to other code provisions that govern preferred claims for work performed or personal services rendered. This section says the act is named the Promote Ownership by Workers for Economic Recovery Act and may be cited by that name. This section states legislative findings about worker cooperatives and says the Legislature wants to study whether a federated worker cooperative system could help advance the goals of the Future of Work Commission. This section defines two terms used in the division: “Association” and “Secretary.” A state panel must conduct a study on creating an Association of Cooperative Labor Contractors and publish it online by June 30, 2024.

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  1. 1.

    ## Labor Code - LAB ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 90. )

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    This section says the act is to be known as the Labor Code.

    ## Labor Code - LAB ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 90. ) ## 1. This act shall be known as the Labor Code. (Enacted By Stats. 1937, Ch. 90.)
  2. 10.

    ## Labor Code - LAB ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 90. )

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    “Section” means a section of this code unless another statute is specifically mentioned.

    ## Labor Code - LAB ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 90. ) ## 10. “Section” means a section of this code unless some other statute is specifically mentioned. (Enacted by Stats. 1937, Ch. 90.)
  3. 100.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Division of Labor Standards Enforcement [79 - 107] ( Heading of Chapter 4 amended by Stats. 1976, Ch. 746. )

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    The division may combine multiple claimants into one preferred claim or lien, list their claim details in an exhibit, and join them in one cause of action when there is no valid reason to file separate causes for each employee.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Division of Labor Standards Enforcement [79 - 107] ( Heading of Chapter 4 amended by Stats. 1976, Ch. 746. ) ## 100. The division may join various claimants in one preferred claim or lien as well as list them with the data regarding their claims in an exhibit and join them, in case of suit, in one cause of action in cases where no valid reason exists for making separate causes of action for each individual employee. (Enacted by Stats. 1937, Ch. 90.)
  4. 100.5.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Division of Labor Standards Enforcement [79 - 107] ( Heading of Chapter 4 amended by Stats. 1976, Ch. 746. )

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    This section points to other code provisions that govern preferred claims for work performed or personal services rendered.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Division of Labor Standards Enforcement [79 - 107] ( Heading of Chapter 4 amended by Stats. 1976, Ch. 746. ) ## 100.5. Preferred claims for work performed or personal services rendered are provided for in Sections 1204, 1205, 1206, 1207, and 1208 of the Code of Civil Procedure, and Part 9 (commencing with Section 11400) of Division 7 of the Probate Code. (Amended by Stats. 1988, Ch. 1199, Sec. 22.5. Operative July 1, 1989, by Sec. 119 of Ch. 1199.)
  5. 10000.

    ## Labor Code - LAB ## DIVISION 6. The Promote Ownership by Workers for Economic Recovery Act [10000 - 10010] ( Division 6 added by Stats. 2022, Ch. 808, Sec. 1. ) ## CHAPTER 1. General Provisions [10000 - 10001] ( Chapter 1 added by Stats. 2022, Ch. 808, Sec. 1. )

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    This section says the act is named the Promote Ownership by Workers for Economic Recovery Act and may be cited by that name.

    ## Labor Code - LAB ## DIVISION 6. The Promote Ownership by Workers for Economic Recovery Act [10000 - 10010] ( Division 6 added by Stats. 2022, Ch. 808, Sec. 1. ) ## CHAPTER 1. General Provisions [10000 - 10001] ( Chapter 1 added by Stats. 2022, Ch. 808, Sec. 1. ) ## 10000. This act shall be known, and may be cited, as the Promote Ownership by Workers for Economic Recovery Act. (Added by Stats. 2022, Ch. 808, Sec. 1. (AB 2849) Effective January 1, 2023.)
  6. 10001.

    ## Labor Code - LAB ## DIVISION 6. The Promote Ownership by Workers for Economic Recovery Act [10000 - 10010] ( Division 6 added by Stats. 2022, Ch. 808, Sec. 1. ) ## CHAPTER 1. General Provisions [10000 - 10001] ( Chapter 1 added by Stats. 2022, Ch. 808, Sec. 1. )

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    This section states legislative findings about worker cooperatives and says the Legislature wants to study whether a federated worker cooperative system could help advance the goals of the Future of Work Commission.

    ## Labor Code - LAB ## DIVISION 6. The Promote Ownership by Workers for Economic Recovery Act [10000 - 10010] ( Division 6 added by Stats. 2022, Ch. 808, Sec. 1. ) ## CHAPTER 1. General Provisions [10000 - 10001] ( Chapter 1 added by Stats. 2022, Ch. 808, Sec. 1. ) ## 10001. (a) On August 14, 2019, the Governor signed Executive Order No. N-17-19 establishing the Future of Work Commission tasked with studying, among other matters, “the potential jobs of the future and opportunities to shape those jobs for the improvement of life for all of California,” “policies and practices that will help California’s businesses, workers, and communities thrive economically, while responding to rapid changes in technology and workplace structures and practices,” “policies and practices that will close the employment and wage gap for Californians,” “strategies for engaging employers in the creation of good, high-wage jobs of the future,” and “workforce development, training, education, and apprenticeship programs for the jobs of the future.” (b) In March 2021, the Future of Work Commission issued its report, “A New Social Compact for Work and Workers,” recommending that, among other actions, California help (1) ensure the creation of sufficient numbers of jobs for everyone who wants to work, including by extending financial and technical assistance to mission-oriented businesses, (2) eliminate working poverty, including by creating supports for workers to organize in unions and worker associations as well as supporting “high-road” employment, (3) create a 21st-century worker benefits model and safety net, including by developing a portable benefits platform and encouraging apprenticeship and other skill-building programs, (4) raise the standard and share of quality jobs, including by creating a California Job Quality Incubator to support the increase of high-quality jobs, and (5) futureproof California with jobs and skills to prepare for technology, climate, and other shocks, including by providing incentives to the private sector to invest in worker training. (c) The Legislature finds and declares that a California-focused federated worker cooperative system may advance these objectives by encouraging the expansion of democratically run high-road cooperative businesses that promote equitable economic development, reduce inequality, and increase access to living-wage jobs. Worker cooperatives have been shown to convey wealthbuilding and other significant benefits to workers, including autonomy from larger economic forces, more resiliency during economic downturns, lower workforce turnover, greater voice in health, safety, and other workplace issues, and more equitable pay. The Legislature wishes to study how a federated worker cooperative system could advance the goals of the Future of Work Commission, particularly as they apply to historically underresourced communities. (Added by Stats. 2022, Ch. 808, Sec. 1. (AB 2849) Effective January 1, 2023.)
  7. 10005.

    ## Labor Code - LAB ## DIVISION 6. The Promote Ownership by Workers for Economic Recovery Act [10000 - 10010] ( Division 6 added by Stats. 2022, Ch. 808, Sec. 1. ) ## CHAPTER 2. Definitions [10005- 10005.] ( Chapter 2 added by Stats. 2022, Ch. 808, Sec. 1. )

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    This section defines two terms used in the division: “Association” and “Secretary.”

    ## Labor Code - LAB ## DIVISION 6. The Promote Ownership by Workers for Economic Recovery Act [10000 - 10010] ( Division 6 added by Stats. 2022, Ch. 808, Sec. 1. ) ## CHAPTER 2. Definitions [10005- 10005.] ( Chapter 2 added by Stats. 2022, Ch. 808, Sec. 1. ) ## 10005. For purposes of this division, the following terms have the following meanings: (a) “Association” means the Association of Cooperative Labor Contractors. (b) “Secretary” means the Secretary of Labor and Workforce Development. (Added by Stats. 2022, Ch. 808, Sec. 1. (AB 2849) Effective January 1, 2023.)
  8. 10010.

    ## Labor Code - LAB ## DIVISION 6. The Promote Ownership by Workers for Economic Recovery Act [10000 - 10010] ( Division 6 added by Stats. 2022, Ch. 808, Sec. 1. ) ## CHAPTER 3. Study [10010- 10010.] ( Chapter 3 added by Stats. 2022, Ch. 808, Sec. 1. )

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    A state panel must conduct a study on creating an Association of Cooperative Labor Contractors and publish it online by June 30, 2024.

    ## Labor Code - LAB ## DIVISION 6. The Promote Ownership by Workers for Economic Recovery Act [10000 - 10010] ( Division 6 added by Stats. 2022, Ch. 808, Sec. 1. ) ## CHAPTER 3. Study [10010- 10010.] ( Chapter 3 added by Stats. 2022, Ch. 808, Sec. 1. ) ## 10010. (a) There is hereby established in state government a panel to conduct a study regarding the creation of an Association of Cooperative Labor Contractors for the purpose of facilitating the growth of democratically run high-road cooperative labor contractors. The panel shall be assisted in this task by staff from the Labor and Workforce Development Agency or a subsidiary department thereof selected by the Secretary of Labor and Workforce Development. (b) The panel shall consist of all of the following members: (1) The secretary or the director of a subsidiary department thereof selected by the secretary. (2) The Director of the Governor’s Office of Business and Economic Development. (3) An appointee of the Speaker of the Assembly. (4) An appointee of the President pro Tempore of the Senate. (5) A representative from the Future of Work Commission selected by the Governor. (c) In preparing the study, the panel may retain outside experts on high-road jobs, worker cooperatives, business formation, and other topics pertinent to the association. (d) The study shall consider, at a minimum, how to do all of the following: (1) Advance the goals of the Future of Work Commission within the association. (2) Incentivize the growth of the association and its members. (3) Promote tenets of democratic worker control, including, but not limited to, uniform hiring and ownership eligibility criteria, worker-owners working most hours worked, most voting ownership interest being held by worker-owners, most voting power being held by worker-owners, and worker-owners exercising their vote on a one-person, one-vote basis. (4) Ensure that the association’s members offer high-road jobs, which include, but are not limited to, jobs with the right to organize and participate in labor organizations and jobs with minimum labor standards, such as a minimum wage in excess of the otherwise applicable minimum wage, a compensation ratio between the highest and lowest paid employees, minimum health expenditures, minimum retirement expenditures, and protections for individuals who have gone through the criminal justice system. (e) In preparing the study, the panel shall engage in a stakeholder process by which it consults with, at a minimum, organized labor, worker cooperatives, and business groups that can assess the opportunities and challenges associated with expanding workplace democracy in the major sectors of the economy throughout the state. (f) The panel shall complete the study and make it publicly available on the internet no later than June 30, 2024. (Added by Stats. 2022, Ch. 808, Sec. 1. (AB 2849) Effective January 1, 2023.)
  9. 101.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Division of Labor Standards Enforcement [79 - 107] ( Heading of Chapter 4 amended by Stats. 1976, Ch. 746. )

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    The division does not pay court costs in civil actions where it is a party, except certain service-related charges. Sheriffs or marshals requested by the Labor Commissioner or a delegate must serve the summons or carry out levy actions without cost to the division, aside from keeper’s fees, service fees, and storage charges.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Division of Labor Standards Enforcement [79 - 107] ( Heading of Chapter 4 amended by Stats. 1976, Ch. 746. ) ## 101. No court costs of any nature shall be payable by the division, in any civil action to which the division is a party. Any sheriff or marshal requested by the Labor Commissioner or a deputy or representative of the Labor Commissioner shall serve the summons in the action upon any person within the jurisdiction of the sheriff or marshal or levy under a writ of attachment or execution in the action upon the property of any defendant without cost to the division except for keeper’s fees, service fees, and storage charges. (Amended by Stats. 1996, Ch. 872, Sec. 103. Effective January 1, 1997.)
  10. 101.5.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Division of Labor Standards Enforcement [79 - 107] ( Heading of Chapter 4 amended by Stats. 1976, Ch. 746. )

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    No filing or recording fees are payable for documents or papers used in the Labor Commissioner’s official services.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Division of Labor Standards Enforcement [79 - 107] ( Heading of Chapter 4 amended by Stats. 1976, Ch. 746. ) ## 101.5. No fees shall be payable for the filing or recording of any document or paper in the performance of any official service by the Labor Commissioner. The amount ordinarily charged for such filing or recording shall be made a part of any judgment recovered by the Labor Commissioner and shall be paid by the Labor Commissioner if sufficient money is collected over and above the wages, penalties, or demands actually due the claimants. (Amended by Stats. 1976, Ch. 1190.)
  11. 1010.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Class of Labor Employed; Labor Union Insignia [1010 - 1018] ( Chapter 3 enacted by Stats. 1937, Ch. 90. )

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    This section defines “label” for this chapter.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Class of Labor Employed; Labor Union Insignia [1010 - 1018] ( Chapter 3 enacted by Stats. 1937, Ch. 90. ) ## 1010. As used in this chapter “label” includes label, imprint, trade-mark, tag, stamp, inscription, or other device. (Enacted by Stats. 1937, Ch. 90.)
  12. 1011.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Class of Labor Employed; Labor Union Insignia [1010 - 1018] ( Chapter 3 enacted by Stats. 1937, Ch. 90. )

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    Certain producers, manufacturers, and sellers in California may not use labels to misstate labor-related facts about merchandise.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Class of Labor Employed; Labor Union Insignia [1010 - 1018] ( Chapter 3 enacted by Stats. 1937, Ch. 90. ) ## 1011. A person engaged in the production, manufacture, or sale of any article of merchandise in this state, shall not, by any label placed or impressed upon such article, or upon its container, misrepresent or falsely state any of the following as to the production of such article: (a) The kind, character, or nature of the labor employed. (b) The extent of the labor employed. (c) The number or kind of persons exclusively employed. (d) That a particular or distinctive class or character of laborers was wholly and exclusively employed, when in fact another class, or character, or distinction of laborers was used or employed either jointly or in anywise supplementary to such exclusive class, character, or distinction of laborers. Violation of any provision of this section is a misdemeanor punishable by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000), or by imprisonment for not less than 20 nor more than 90 days, or both. (Amended by Stats. 1983, Ch. 1092, Sec. 198. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
  13. 1012.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Class of Labor Employed; Labor Union Insignia [1010 - 1018] ( Chapter 3 enacted by Stats. 1937, Ch. 90. )

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    Certain people doing business or services for profit in California must not willfully make false claims about union members being involved in producing or providing the goods or services.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Class of Labor Employed; Labor Union Insignia [1010 - 1018] ( Chapter 3 enacted by Stats. 1937, Ch. 90. ) ## 1012. Any person engaged in the production, manufacture, or sale of any article of merchandise in this state, or any person engaged in the performance of any acts or services of a private, public, or quasi-public nature for profit, who willfully misrepresents or falsely states that members of trades unions, labor associations, or labor organizations were engaged or employed in the manufacture, production, or sale of such article or in the performance of such acts or services, is guilty of a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000), or by imprisonment in the county jail for not more than 90 days, or both. (Amended by Stats. 1983, Ch. 1092, Sec. 199. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
  14. 1013.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Class of Labor Employed; Labor Union Insignia [1010 - 1018] ( Chapter 3 enacted by Stats. 1937, Ch. 90. )

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    This chapter defines “forge” to mean forge, reproduce, copy, imitate, or counterfeit.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Class of Labor Employed; Labor Union Insignia [1010 - 1018] ( Chapter 3 enacted by Stats. 1937, Ch. 90. ) ## 1013. As used in this chapter “forge” means forge, reproduce, copy, imitate, or counterfeit. (Enacted by Stats. 1937, Ch. 90.)
  15. 1014.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Class of Labor Employed; Labor Union Insignia [1010 - 1018] ( Chapter 3 enacted by Stats. 1937, Ch. 90. )

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    Certain California labor organizations that have lawfully adopted and registered a label or trademark get the exclusive right to own, use, and control it.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Class of Labor Employed; Labor Union Insignia [1010 - 1018] ( Chapter 3 enacted by Stats. 1937, Ch. 90. ) ## 1014. Any trade union, labor association, or labor organization, organized and existing in this State, which has adopted and registered a label or trademark in accordance with the law of this State, has the exclusive right to the ownership, use, and control of such label or trademark. (Enacted by Stats. 1937, Ch. 90.)
  16. 1015.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Class of Labor Employed; Labor Union Insignia [1010 - 1018] ( Chapter 3 enacted by Stats. 1937, Ch. 90. )

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    A person may not willfully forge or arrange for a forged labor-union label or trademark without written authority, if the label is used to sell goods.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Class of Labor Employed; Labor Union Insignia [1010 - 1018] ( Chapter 3 enacted by Stats. 1937, Ch. 90. ) ## 1015. Any person who, without having an unrevoked written authority from such trade union, labor association or labor organization, willfully forges or procures to be forged such label or trademark, with intent to sell or assist other persons to sell, any goods to which such forged label is affixed as having been made, manufactured, or produced in whole or in part by labor, laborers, or employees who are members of, or allied or associated with, such trade union, labor association, or labor organization, is guilty of a misdemeanor, punishable by a fine not more than one thousand dollars ($1,000) or imprisonment for not more than 90 days, or both. (Amended by Stats. 1983, Ch. 1092, Sec. 200. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
  17. 1016.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Class of Labor Employed; Labor Union Insignia [1010 - 1018] ( Chapter 3 enacted by Stats. 1937, Ch. 90. )

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    A person who willfully uses or displays a labor association’s or union’s genuine label, trademark, insignia, seal, device, or advertisement without authorization or contrary to its bylaws commits a misdemeanor.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Class of Labor Employed; Labor Union Insignia [1010 - 1018] ( Chapter 3 enacted by Stats. 1937, Ch. 90. ) ## 1016. Any person who willfully uses or displays the genuine label, trademark, insignia, seal, device, or form of advertisement of any association or labor union, in any manner not authorized by such association or labor organization or not in conformity with the bylaws thereof, is guilty of a misdemeanor punishable by a fine not exceeding two hundred dollars ($200) or imprisonment for not more than three months, or both. (Amended by Stats. 1983, Ch. 1092, Sec. 201. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
  18. 1017.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Class of Labor Employed; Labor Union Insignia [1010 - 1018] ( Chapter 3 enacted by Stats. 1937, Ch. 90. )

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    A person must not wilfully use a labor union card to get aid, assistance, or employment unless entitled to use that card under the union’s rules and regulations in this State.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Class of Labor Employed; Labor Union Insignia [1010 - 1018] ( Chapter 3 enacted by Stats. 1937, Ch. 90. ) ## 1017. Any person who wilfully uses the card of any labor union to obtain aid, assistance, or employment, unless entitled to use such card under the rules and regulations of a labor union within this State is guilty of a misdemeanor. (Enacted by Stats. 1937, Ch. 90.)
  19. 1018.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Class of Labor Employed; Labor Union Insignia [1010 - 1018] ( Chapter 3 enacted by Stats. 1937, Ch. 90. )

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    Willfully wearing a California labor union button without being entitled to do so is a misdemeanor.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3. Class of Labor Employed; Labor Union Insignia [1010 - 1018] ( Chapter 3 enacted by Stats. 1937, Ch. 90. ) ## 1018. Any person who willfully wears the button of any labor union of this state, unless entitled to wear the button under the rules of such union, is guilty of a misdemeanor, and is punishable by imprisonment in the county jail for not more than 20 days or by a fine of not more than forty dollars ($40), or by both fine and imprisonment. (Amended by Stats. 1983, Ch. 1092, Sec. 202. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
  20. 1019.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3.1. Unfair Immigration-Related Practices [1019 - 1019.4] ( Chapter 3.1 added by Stats. 2013, Ch. 732, Sec. 4. )

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    Employers and other persons or entities may not use unfair immigration-related practices to retaliate against people for protected workplace rights.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3.1. Unfair Immigration-Related Practices [1019 - 1019.4] ( Chapter 3.1 added by Stats. 2013, Ch. 732, Sec. 4. ) ## 1019. (a) It is unlawful for an employer or any other person or entity to engage in, or to direct another person or entity to engage in, unfair immigration-related practices against any person for the purpose of, or with the intent of, retaliating against any person for exercising any right protected under this code or by any local ordinance applicable to employees. Exercising a right protected by this code or local ordinance includes the following: (1) Filing a complaint or informing any person of an employer’s or other party’s alleged violation of this code or local ordinance, so long as the complaint or disclosure is made in good faith. (2) Seeking information regarding whether an employer or other party is in compliance with this code or local ordinance. (3) Informing a person of his or her potential rights and remedies under this code or local ordinance, and assisting him or her in asserting those rights. (b) (1) As used in this chapter, “unfair immigration-related practice” means any of the following practices, when undertaken for the retaliatory purposes prohibited by subdivision (a): (A) Requesting more or different documents than are required under Section 1324a(b) of Title 8 of the United States Code, or a refusal to honor documents tendered pursuant to that section that on their face reasonably appear to be genuine. (B) Using the federal E-Verify system to check the employment authorization status of a person at a time or in a manner not required under Section 1324a(b) of Title 8 of the United States Code, or not authorized under any memorandum of understanding governing the use of the federal E-Verify system. (C) Threatening to file or the filing of a false police report, or a false report or complaint with any state or federal agency. (D) Threatening to contact or contacting immigration authorities. (2) “Unfair immigration-related practice” does not include conduct undertaken at the express and specific direction or request of the federal government. (c) Engaging in an unfair immigration-related practice against a person within 90 days of the person’s exercise of rights protected under this code or local ordinance applicable to employees shall raise a rebuttable presumption of having done so in retaliation for the exercise of those rights. (d) (1) An employee or other person who is the subject of an unfair immigration-related practice prohibited by this section, or a representative of that employee or person, may bring a civil action for equitable relief and any applicable damages or penalties. (2) Upon a finding by a court of applicable jurisdiction of a violation of this section, upon application by a party or on its own motion, a court may do the following: (A) For a first violation, order the appropriate government agencies to suspend all licenses that are held by the violating party for a period of up to 14 days. On receipt of the court’s order and notwithstanding any other law, the appropriate agencies shall suspend the licenses according to the court’s order. (B) For a second violation, order the appropriate government agencies to suspend all licenses that are held by the violating party for a period of up to 30 days. On receipt of the court’s order and notwithstanding any other law, the appropriate agencies shall immediately suspend the licenses. (C) For a third or subsequent violation, order the appropriate government agencies to suspend for a period of up to 90 days all licenses that are held by the violating party. On receipt of the court’s order and notwithstanding any other law, the appropriate agencies shall immediately suspend the licenses. (3) In determining whether a suspension of all licenses is appropriate under this subdivision, the court shall consider whether the employer knowingly committed an unfair immigration-related practice, the good faith efforts of the employer to resolve any alleged unfair immigration-related practice after receiving notice of the violations, as well as the harm other employees of the employer, or employees of other employers on a multiemployer job site, will suffer as a result of the suspension of all licenses. (4) An employee or other person who is the subject of an unfair immigration-related practice prohibited by this section, and who prevails in an action authorized by this section, shall recover his or her reasonable attorney’s fees and costs, including any expert witness costs. (e) As used in this chapter: (1) “License” means any agency permit, certificate, approval, registration, or charter that is required by law and that is issued by any agency for the purposes of operating a business in this state and that is specific to the business location or locations where the unfair immigration-related practice occurred. “License” does not include a professional license. (2) “Violation” means each incident when an unfair immigration-related practice was committed, without reference to the number of employees involved in the incident. (Amended by Stats. 2015, Ch. 303, Sec. 375. (AB 731) Effective January 1, 2016.)
  21. 1019.1.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3.1. Unfair Immigration-Related Practices [1019 - 1019.4] ( Chapter 3.1 added by Stats. 2013, Ch. 732, Sec. 4. )

    Verify source ↗

    An employer may not use unfair immigration-related practices when verifying work authorization documents.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3.1. Unfair Immigration-Related Practices [1019 - 1019.4] ( Chapter 3.1 added by Stats. 2013, Ch. 732, Sec. 4. ) ## 1019.1. (a) It is unlawful for an employer, in the course of satisfying the requirements of Section 1324a(b) of Title 8 of the United States Code, to do any of the following: (1) Request more or different documents than are required under Section 1324a(b) of Title 8 of the United States Code. (2) Refuse to honor documents tendered that on their face reasonably appear to be genuine. (3) Refuse to honor documents or work authorization based upon the specific status or term of status that accompanies the authorization to work. (4) Attempt to reinvestigate or reverify an incumbent employee’s authorization to work using an unfair immigration-related practice. (b) (1) Any person who violates this section shall be subject to a penalty imposed by the Labor Commissioner and liability for equitable relief. (2) An applicant for employment or an employee who is subject to an unlawful act that is prohibited by this section, or a representative of that applicant for employment or employee, may file a complaint with the Division of Labor Standards Enforcement pursuant to Section 98.7. (3) The penalty recoverable by the applicant or employee, or by the Labor Commissioner, for a violation of this section shall not exceed ten thousand dollars ($10,000) per violation. (Added by Stats. 2016, Ch. 782, Sec. 1. (SB 1001) Effective January 1, 2017.)
  22. 1019.2.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3.1. Unfair Immigration-Related Practices [1019 - 1019.4] ( Chapter 3.1 added by Stats. 2013, Ch. 732, Sec. 4. )

    Verify source ↗

    An employer generally must not reverify a current employee’s work eligibility at a time or in a way not required by federal law.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3.1. Unfair Immigration-Related Practices [1019 - 1019.4] ( Chapter 3.1 added by Stats. 2013, Ch. 732, Sec. 4. ) ## 1019.2. (a) Except as otherwise required by federal law, a public or private employer, or a person acting on behalf of a public or private employer, shall not reverify the employment eligibility of a current employee at a time or in a manner not required by Section 1324a(b) of Title 8 of the United States Code. (b) (1) Except as provided in paragraph (2), an employer who violates subdivision (a) shall be subject to a civil penalty of up to ten thousand dollars ($10,000). The penalty shall be recoverable by the Labor Commissioner. (2) The actions of an employer that violate subdivision (a) and result in a civil penalty under paragraph (1) shall not also form the basis for liability or penalty under Section 1019.1. (c) Subdivision (a) shall be interpreted and applied consistent with federal law and regulations. This section does not prohibit an employer from doing any of the following: (1) Reverifying an employees’ employment authorization in a time and manner consistent with Section 274a.2(b)(1)(vii) of Title 8 of the Code of Federal Regulations. (2) Taking any lawful action to review the employment authorization of an employee upon knowing that the employee is, or has become, unauthorized to be employed in the United States, consistent with Section 1324a(a)(2) of Title 8 of the United States Code, including in response to specific and detailed information from any agency within the United States Department of Homeland Security indicating that an employee is not authorized to be employed in the United States. (3) Reminding an employee, at least 90 days before the date reverification is required, that the employee will be required to present a document identified in List A or a combination of one document from List B and one document from List C, as required by the I-9 Employment Eligibility Verification Form, showing continued employment authorization on the date that their current employment authorization will expire or on the date that their current documentation will expire, whichever date is sooner. (4) Taking any lawful action to correct errors or omissions in a missing or incomplete I-9 Employment Eligibility Verification Form. (d) In accordance with state and federal law, nothing in this chapter shall be interpreted, construed, or applied to restrict or limit an employer’s compliance with a memorandum of understanding governing the use of the federal E-Verify system. (e) For purposes of this section, the term “knowing” is defined as set forth in Section 274a.1(l) of Title 8 of the Code of Federal Regulations and as interpreted by applicable federal rules, regulations, and controlling federal case law. The term “knowing” includes not only actual knowledge, but also knowledge that may fairly be inferred through notice of certain facts and circumstances that would lead a person, through the exercise of reasonable care, to know about a certain condition. Constructive knowledge may be found under the circumstances described in Section 274a.1(l)(2) of Title 8 of the Code of Federal Regulations and may not be inferred from an employee’s foreign appearance or accent. (Amended by Stats. 2019, Ch. 364, Sec. 10. (SB 112) Effective September 27, 2019.)
  23. 1019.4.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3.1. Unfair Immigration-Related Practices [1019 - 1019.4] ( Chapter 3.1 added by Stats. 2013, Ch. 732, Sec. 4. )

    Verify source ↗

    This section defines “reverify” and “reverifying” for this chapter.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3.1. Unfair Immigration-Related Practices [1019 - 1019.4] ( Chapter 3.1 added by Stats. 2013, Ch. 732, Sec. 4. ) ## 1019.4. For purposes of this chapter, the terms “reverify” or “reverifying” mean the actions described in Section 274a.2(b)(1)(vii) of Title 8 of the Code of Federal Regulations. These terms shall be interpreted consistently with any applicable federal rules, regulations, and controlling federal case law. (Added by Stats. 2019, Ch. 364, Sec. 11. (SB 112) Effective September 27, 2019.)
  24. 102.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Division of Labor Standards Enforcement [79 - 107] ( Heading of Chapter 4 amended by Stats. 1976, Ch. 746. )

    Verify source ↗

    The sheriff or marshal must state the usual service costs when returning the summons or process, and the Labor Commissioner must include those costs in a recovered judgment and pay them if enough money remains after claimants are paid.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Division of Labor Standards Enforcement [79 - 107] ( Heading of Chapter 4 amended by Stats. 1976, Ch. 746. ) ## 102. The sheriff or marshal shall specify when the summons or process is returned, what costs he or she would ordinarily have been entitled to for such service, and those costs and the other regular court costs that would have accrued if the action was not by the Labor Commissioner shall be made a part of any judgment recovered by the Labor Commissioner and shall be paid by the Labor Commissioner if sufficient money is collected over and above the wages, penalties, or demands actually due the claimants. (Amended by Stats. 1996, Ch. 872, Sec. 104. Effective January 1, 1997.)
  25. 1020.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3.5. Contractors [1020 - 1024] ( Chapter 3.5 added by Stats. 1979, Ch. 864. )

    Verify source ↗

    The Legislature states that this chapter is meant to create a citation system for prompt civil sanctions against violators involving unlicensed contractors and non-independent contractors.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3.5. Contractors [1020 - 1024] ( Chapter 3.5 added by Stats. 1979, Ch. 864. ) ## 1020. It is the intent of the Legislature in enacting this chapter to establish a citation system for the imposition of prompt and effective civil sanctions against violators of the laws and regulations of this state relating to the employment of workers by unlicensed contractors and the utilization of unlicensed contractors and other persons who are not valid independent contractors by licensed contractors. (Amended by Stats. 1982, Ch. 761, Sec. 1.)
  26. 1021.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3.5. Contractors [1020 - 1024] ( Chapter 3.5 added by Stats. 1979, Ch. 864. )

    Verify source ↗

    A person without a valid state contractor’s license who hires workers for work that requires a license can be charged a civil penalty.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3.5. Contractors [1020 - 1024] ( Chapter 3.5 added by Stats. 1979, Ch. 864. ) ## 1021. Any person who does not hold a valid state contractor’s license issued pursuant to Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code, and who employs any worker to perform services for which a license is required, shall be subject to a civil penalty in the amount of two hundred dollars ($200) per employee for each day of employment. The civil penalties provided for by this section are in addition to any other penalty provided by law. (Amended by Stats. 2003, Ch. 329, Sec. 6. Effective January 1, 2004.)
  27. 1021.5.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3.5. Contractors [1020 - 1024] ( Chapter 3.5 added by Stats. 1979, Ch. 864. )

    Verify source ↗

    A licensed state contractor who knowingly contracts for licensed independent-contractor services with a person who is not properly qualified is subject to a $200 civil penalty per person per day.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3.5. Contractors [1020 - 1024] ( Chapter 3.5 added by Stats. 1979, Ch. 864. ) ## 1021.5. Any person who holds a valid state contractor’s license issued pursuant to Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code, and who willingly and knowingly enters into a contract with any person to perform services for which a license is required as an independent contractor, and that person does not meet the burden of proof of independent contractor status pursuant to Section 2750.5 or hold a valid state contractor’s license, shall be subject to a civil penalty in the amount of two hundred dollars ($200) per person so contracted with for each day of the contract. The civil penalties provided for by this section are in addition to any other penalty provided by law. (Amended by Stats. 2003, Ch. 329, Sec. 7. Effective January 1, 2004.)
  28. 1022.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3.5. Contractors [1020 - 1024] ( Chapter 3.5 added by Stats. 1979, Ch. 864. )

    Verify source ↗

    The Labor Commissioner may issue a citation if an inspection or investigation shows a person is employing workers in violation of Section 1021 or 1021.5.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3.5. Contractors [1020 - 1024] ( Chapter 3.5 added by Stats. 1979, Ch. 864. ) ## 1022. If upon inspection or investigation the Labor Commissioner determines that any person is employing workers in violation of Section 1021 or 1021.5, he or she may issue a citation to the person in violation. The citation may be served personally or by registered mail in accordance with subdivision (c) of Section 11505 of the Government Code. Each citation shall be in writing and shall describe the nature of the violation, including reference to the statutory provision alleged to have been violated. (Amended by Stats. 1982, Ch. 761, Sec. 3.)
  29. 1023.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3.5. Contractors [1020 - 1024] ( Chapter 3.5 added by Stats. 1979, Ch. 864. )

    Verify source ↗

    This section sets deadlines and procedures for contesting a citation or civil penalty, paying the stated amount instead of contesting, and turning hearing results into a court judgment.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3.5. Contractors [1020 - 1024] ( Chapter 3.5 added by Stats. 1979, Ch. 864. ) ## 1023. (a) If a person desires to contest a citation or the proposed assessment of a civil penalty therefor, he or she shall within 15 business days after service of the citation notify the office of the Labor Commissioner which appears on the citation of his or her request for an informal hearing. The Labor Commissioner or his or her deputy or agent shall, within 30 days, hold a hearing at the conclusion of which the citation or proposed assessment of a civil penalty shall be affirmed, modified, or dismissed. The decision of the Labor Commissioner shall consist of a notice of findings, findings, and order which shall be served on all parties to the hearing within 15 days after the hearing by regular first-class mail at the last known address of the party on file with the Labor Commissioner. Service shall be completed pursuant to Section 1013 of the Code of Civil Procedure. Any amount found due by the Labor Commissioner as a result of a hearing shall become due and payable 45 days after notice of the findings and written findings and order have been mailed to the party assessed. A writ of mandate may be taken from that finding to the appropriate superior court, as long as the party agrees to pay any judgment and costs ultimately rendered by the court against the party for the assessment. The writ shall be taken within 45 days of service of the notice of findings, findings, and order thereon. (b) A person to whom a citation has been issued, shall, in lieu of contesting a citation pursuant to this section, transmit to the office of the Labor Commissioner designated on the citation the amount specified for the violation within 15 business days after issuance of the citation. (c) When no petition objecting to a citation or the proposed assessment of a civil penalty is filed, a certified copy of the citation or proposed civil penalty may be filed by the Labor Commissioner in the office of the clerk of the superior court in any county in which the person assessed has property or in which the person assessed has or had a place of business. The clerk, immediately upon the filing, shall enter judgment for the state against the person assessed in the amount shown on the citation or proposed assessment of a civil penalty. (d) When findings and the order thereon are made affirming or modifying a citation or proposed assessment of a civil penalty after hearing, a certified copy of the findings and the order entered thereon may be entered by the Labor Commissioner in the office of the clerk of the superior court in any county in which the person assessed has property or in which the person assessed has or had a place of business. The clerk, immediately upon the filing, shall enter judgment for the state against the person assessed in the amount shown on the certified order. (e) A judgment entered pursuant to this section shall bear the same rate of interest and shall have the same effect as other judgments and be given the same preference allowed by law on other judgments rendered for claims for taxes. The clerk shall make no charge for the service provided by this section to be performed by him or her. (Amended by Stats. 1988, Ch. 96, Sec. 5.)
  30. 1024.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3.5. Contractors [1020 - 1024] ( Chapter 3.5 added by Stats. 1979, Ch. 864. )

    Verify source ↗

    This section directs civil penalties collected under the chapter to be deposited in different funds depending on the date.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3.5. Contractors [1020 - 1024] ( Chapter 3.5 added by Stats. 1979, Ch. 864. ) ## 1024. (a) It is the intent of the Legislature in enacting this section to provide for the prompt and effective enforcement of labor laws relating to the construction industry. (b) Before July 1, 2013, all civil penalties collected pursuant to this chapter shall be deposited in the Industrial Relations Construction Industry Enforcement Fund. All moneys in the fund shall be used for the purpose of enforcing this chapter, as appropriated by the Legislature. (c) On or after July 1, 2013, all civil penalties collected pursuant to this chapter shall be deposited in the Labor Enforcement and Compliance Fund. (Amended by Stats. 2013, Ch. 28, Sec. 38. (SB 71) Effective June 27, 2013.)
  31. 1024.5.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3.6. Employer Use of Consumer Credit Reports [1024.5 - 1024.6] ( Chapter 3.6 added by Stats. 2011, Ch. 724, Sec. 2. )

    Verify source ↗

    Employers and prospective employers generally may not use consumer credit reports for employment purposes unless the job fits a listed exception.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3.6. Employer Use of Consumer Credit Reports [1024.5 - 1024.6] ( Chapter 3.6 added by Stats. 2011, Ch. 724, Sec. 2. ) ## 1024.5. (a) An employer or prospective employer shall not use a consumer credit report for employment purposes unless the position of the person for whom the report is sought is any of the following: (1) A managerial position. (2) A position in the state Department of Justice. (3) That of a sworn peace officer or other law enforcement position. (4) A position for which the information contained in the report is required by law to be disclosed or obtained. (5) A position that involves regular access, for any purpose other than the routine solicitation and processing of credit card applications in a retail establishment, to all of the following types of information of any one person: (A) Bank or credit card account information. (B) Social security number. (C) Date of birth. (6) A position in which the person is, or would be, any of the following: (A) A named signatory on the bank or credit card account of the employer. (B) Authorized to transfer money on behalf of the employer. (C) Authorized to enter into financial contracts on behalf of the employer. (7) A position that involves access to confidential or proprietary information, including a formula, pattern, compilation, program, device, method, technique, process or trade secret that (i) derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who may obtain economic value from the disclosure or use of the information, and (ii) is the subject of an effort that is reasonable under the circumstances to maintain secrecy of the information. (8) A position that involves regular access to cash totaling ten thousand dollars ($10,000) or more of the employer, a customer, or client, during the workday. (b) This section does not apply to a person or business subject to Sections 6801 to 6809, inclusive, of Title 15 of the United States Code and state and federal statutes or regulations implementing those sections if the person or business is subject to compliance oversight by a state or federal regulatory agency with respect to those laws. (c) The following definitions apply to this section: (1) “Consumer credit report” has the same meaning as defined in subdivision (c) of Section 1785.3 of the Civil Code, but does not include a report that (A) verifies income or employment, and (B) does not include credit-related information, such as credit history, credit score, or credit record. (2) “Managerial position” means an employee covered by the executive exemption set forth in subparagraph (1) of paragraph (A) of Section 1 of Wage Order 4 of the Industrial Welfare Commission (8 Cal. Code Regs. 11040). (Added by Stats. 2011, Ch. 724, Sec. 2. (AB 22) Effective January 1, 2012.)
  32. 1024.6.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3.6. Employer Use of Consumer Credit Reports [1024.5 - 1024.6] ( Chapter 3.6 added by Stats. 2011, Ch. 724, Sec. 2. )

    Verify source ↗

    An employer may not fire, discriminate against, retaliate against, or otherwise take adverse action against an employee for updating personal information after a lawful name, Social Security number, or federal employment authorization change.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3.6. Employer Use of Consumer Credit Reports [1024.5 - 1024.6] ( Chapter 3.6 added by Stats. 2011, Ch. 724, Sec. 2. ) ## 1024.6. An employer may not discharge an employee or in any manner discriminate, retaliate, or take any adverse action against an employee because the employee updates or attempts to update his or her personal information based on a lawful change of name, social security number, or federal employment authorization document. An employer’s compliance with this section shall not serve as the basis for a claim of discrimination, including any disparate treatment claim. (Amended by Stats. 2014, Ch. 79, Sec. 3. (AB 2751) Effective January 1, 2015.)
  33. 1025.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3.7. Alcohol and Drug Rehabilitation [1025 - 1028] ( Heading of Chapter 3.7 amended by Stats. 1987, Ch. 506, Sec. 1. )

    Verify source ↗

    Private employers with 25 or more employees must reasonably accommodate employees who voluntarily enter alcohol or drug rehabilitation, unless doing so would impose undue hardship.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3.7. Alcohol and Drug Rehabilitation [1025 - 1028] ( Heading of Chapter 3.7 amended by Stats. 1987, Ch. 506, Sec. 1. ) ## 1025. Every private employer regularly employing 25 or more employees shall reasonably accommodate any employee who wishes to voluntarily enter and participate in an alcohol or drug rehabilitation program, provided that this reasonable accommodation does not impose an undue hardship on the employer. Nothing in this chapter shall be construed to prohibit an employer from refusing to hire, or discharging an employee who, because of the employee’s current use of alcohol or drugs, is unable to perform his or her duties, or cannot perform the duties in a manner which would not endanger his or her health or safety or the health or safety of others. (Amended by Stats. 1987, Ch. 506, Sec. 2.)
  34. 1026.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3.7. Alcohol and Drug Rehabilitation [1025 - 1028] ( Heading of Chapter 3.7 amended by Stats. 1987, Ch. 506, Sec. 1. )

    Verify source ↗

    Employers must make reasonable efforts to protect an employee’s privacy about enrollment in an alcohol or drug rehabilitation program.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3.7. Alcohol and Drug Rehabilitation [1025 - 1028] ( Heading of Chapter 3.7 amended by Stats. 1987, Ch. 506, Sec. 1. ) ## 1026. The employer shall make reasonable efforts to safeguard the privacy of the employee as to the fact that he or she has enrolled in an alcohol or drug rehabilitation program. (Amended by Stats. 1987, Ch. 506, Sec. 3.)
  35. 1027.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3.7. Alcohol and Drug Rehabilitation [1025 - 1028] ( Heading of Chapter 3.7 amended by Stats. 1987, Ch. 506, Sec. 1. )

    Verify source ↗

    Employers are not required by this chapter to provide paid time off, but employees may use entitled sick leave to enter and participate in alcohol or drug rehabilitation.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3.7. Alcohol and Drug Rehabilitation [1025 - 1028] ( Heading of Chapter 3.7 amended by Stats. 1987, Ch. 506, Sec. 1. ) ## 1027. Nothing in this chapter shall be construed to require an employer to provide time off with pay, except that an employee may use sick leave to which he or she is entitled for the purpose of entering and participating in an alcohol or drug rehabilitation program. (Amended by Stats. 1987, Ch. 506, Sec. 4.)
  36. 1028.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3.7. Alcohol and Drug Rehabilitation [1025 - 1028] ( Heading of Chapter 3.7 amended by Stats. 1987, Ch. 506, Sec. 1. )

    Verify source ↗

    An employee may file a complaint with the Labor Commissioner if the employee believes reasonable accommodation was denied under this chapter.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3.7. Alcohol and Drug Rehabilitation [1025 - 1028] ( Heading of Chapter 3.7 amended by Stats. 1987, Ch. 506, Sec. 1. ) ## 1028. An employee may file a complaint with the Labor Commissioner if he or she believes that he or she has been denied reasonable accommodation as required by this chapter. Sections 98, 98.1, 98.2, 98.3, 98.4, 98.5, 98.6, and 98.7 shall be applicable to a complaint filed pursuant to this section. (Added by Stats. 1984, Ch. 1103, Sec. 1.)
  37. 103.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Division of Labor Standards Enforcement [79 - 107] ( Heading of Chapter 4 amended by Stats. 1976, Ch. 746. )

    Verify source ↗

    The Labor Commissioner must bring collection actions in another state’s courts when allowed by a reciprocal agreement or that state’s laws, and may assign the claims to that state’s labor agency for collection when permitted.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Division of Labor Standards Enforcement [79 - 107] ( Heading of Chapter 4 amended by Stats. 1976, Ch. 746. ) ## 103. The Labor Commissioner shall, to the extent provided for by any reciprocal agreement entered into pursuant to Section 64, or by the laws of any other state, maintain actions in the courts of the other state for the collection of the claims for wages, judgments, and other demands and may assign the claims, judgments, and demands to the labor department or agency of the other state for collection to the extent that they may be permitted or provided for by the laws of that state or by reciprocal agreement. (Amended by Stats. 1983, Ch. 142, Sec. 98.)
  38. 1030.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3.8. Lactation Accommodation [1030 - 1034] ( Chapter 3.8 added by Stats. 2001, Ch. 821, Sec. 1. )

    Verify source ↗

    Employers must provide reasonable break time for an employee to express breast milk for an infant child.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3.8. Lactation Accommodation [1030 - 1034] ( Chapter 3.8 added by Stats. 2001, Ch. 821, Sec. 1. ) ## 1030. Every employer, including the state and any political subdivision, shall provide a reasonable amount of break time to accommodate an employee desiring to express breast milk for the employee’s infant child each time the employee has need to express milk. The break time shall, if possible, run concurrently with any break time already provided to the employee. Break time for an employee that does not run concurrently with the rest time authorized for the employee by the applicable wage order of the Industrial Welfare Commission shall be unpaid. (Amended by Stats. 2019, Ch. 720, Sec. 1. (SB 142) Effective January 1, 2020.)
  39. 1031.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3.8. Lactation Accommodation [1030 - 1034] ( Chapter 3.8 added by Stats. 2001, Ch. 821, Sec. 1. )

    Verify source ↗

    Employers must provide a private lactation space and related facilities for employees who need to express milk.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3.8. Lactation Accommodation [1030 - 1034] ( Chapter 3.8 added by Stats. 2001, Ch. 821, Sec. 1. ) ## 1031. (a) An employer shall provide an employee with the use of a room or other location for the employee to express milk in private. The room or location may include the place where the employee normally works if it otherwise meets the requirements of this section. (b) A lactation room or location shall not be a bathroom and shall be in close proximity to the employee’s work area, shielded from view, and free from intrusion while the employee is expressing milk. (c) A lactation room or location shall comply with all of the following requirements: (1) Be safe, clean, and free of hazardous materials, as defined in Section 6382. (2) Contain a surface to place a breast pump and personal items. (3) Contain a place to sit. (4) Have access to electricity or alternative devices, including, but not limited to, extension cords or charging stations, needed to operate an electric or battery-powered breast pump. (d) The employer shall provide access to a sink with running water and a refrigerator suitable for storing milk in close proximity to the employee’s workspace. If a refrigerator cannot be provided, an employer may provide another cooling device suitable for storing milk, such as an employer-provided cooler. (e) Where a multipurpose room is used for lactation, among other uses, the use of the room for lactation shall take precedence over the other uses, but only for the time it is in use for lactation purposes. (f) (1) An employer in a multitenant building or multiemployer worksite may comply with this section by providing a space shared among multiple employers within the building or worksite if the employer cannot provide a lactation location within the employer’s own workspace. (2) Employers or general contractors coordinating a multiemployer worksite shall either provide lactation accommodations or provide a safe and secure location for a subcontractor employer to provide lactation accommodations on the worksite, within two business days, upon written request of any subcontractor employer with an employee that requests an accommodation. (g) An agricultural employer, as defined in Section 1140.4, shall be deemed to be in compliance with this section if the agricultural employer provides an employee wanting to express milk with a private, enclosed, and shaded space, including, but not limited to, an air-conditioned cab of a truck or tractor. (h) An employer may comply with this section by designating a lactation location that is temporary, due to operational, financial, or space limitations. These temporary spaces shall not be a bathroom and shall be in close proximity to the employee’s work area, shielded from view, free from intrusion while the employee is expressing milk, and otherwise compliant with this section. (i) An employer that employs fewer than 50 employees may be exempt from a requirement of this section if it can demonstrate that a requirement would impose an undue hardship by causing the employer significant difficulty or expense when considered in relation to the size, financial resources, nature, or structure of the employer’s business. If that employer can demonstrate that the requirement to provide an employee with the use of a room or other location, other than a bathroom, would impose such undue hardship, the employer shall make reasonable efforts to provide the employee with the use of a room or other location, other than a toilet stall, in close proximity to the employee’s work area, for the employee to express milk in private. (Amended by Stats. 2019, Ch. 720, Sec. 2. (SB 142) Effective January 1, 2020.)
  40. 1032.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3.8. Lactation Accommodation [1030 - 1034] ( Chapter 3.8 added by Stats. 2001, Ch. 821, Sec. 1. )

    Verify source ↗

    An employer does not have to provide break time under this chapter if doing so would seriously disrupt the employer’s operations.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3.8. Lactation Accommodation [1030 - 1034] ( Chapter 3.8 added by Stats. 2001, Ch. 821, Sec. 1. ) ## 1032. An employer is not required to provide break time under this chapter if to do so would seriously disrupt the operations of the employer. (Added by Stats. 2001, Ch. 821, Sec. 1. Effective January 1, 2002.)
  41. 1033.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3.8. Lactation Accommodation [1030 - 1034] ( Chapter 3.8 added by Stats. 2001, Ch. 821, Sec. 1. )

    Verify source ↗

    Employers may not retaliate or discriminate against an employee for exercising rights protected by this chapter, and the Labor Commissioner may cite and penalize violations.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3.8. Lactation Accommodation [1030 - 1034] ( Chapter 3.8 added by Stats. 2001, Ch. 821, Sec. 1. ) ## 1033. (a) The denial of reasonable break time or adequate space to express milk in accordance with this chapter shall be deemed a failure to comply for purposes of Section 226.7. An aggrieved employee may file a complaint under this subdivision with the Labor Commissioner pursuant to Section 98. (b) An employer shall not discharge, or in any other manner discriminate or retaliate against, an employee for exercising or attempting to exercise any right protected under this chapter. This subdivision is not intended to limit or expand an employee’s rights pursuant to Section 98.6. An aggrieved employee may file a complaint under this subdivision with the Labor Commissioner pursuant to Section 98.7. (c) An employee may report a violation of this chapter to the Labor Commissioner’s field enforcement unit. If, upon inspection or investigation, the Labor Commissioner determines that a violation of this chapter has occurred, the Labor Commissioner may issue a citation and may impose a civil penalty in the amount of one hundred dollars ($100) for each day that an employee is denied reasonable break time or adequate space to express milk in violation of this chapter. The procedures for issuing, contesting, and enforcing judgments for citations or civil penalties issued by the Labor Commissioner for violations of this chapter shall be the same as those set forth in Section 1197.1. (d) Notwithstanding any other provision of this code, violations of this chapter shall not be misdemeanors under this code. (Amended by Stats. 2019, Ch. 720, Sec. 3. (SB 142) Effective January 1, 2020.)
  42. 1034.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3.8. Lactation Accommodation [1030 - 1034] ( Chapter 3.8 added by Stats. 2001, Ch. 821, Sec. 1. )

    Verify source ↗

    Employers must have and share a lactation accommodation policy, and give a written response if they cannot provide compliant break time or a location.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3.8. Lactation Accommodation [1030 - 1034] ( Chapter 3.8 added by Stats. 2001, Ch. 821, Sec. 1. ) ## 1034. (a) An employer shall develop and implement a policy regarding lactation accommodation that includes the following: (1) A statement about an employee’s right to request lactation accommodation. (2) The process by which the employee makes the request described in paragraph (1). (3) An employer’s obligation to respond to the request described in paragraph (1) as outlined in subdivision (d). (4) A statement about an employee’s right to file a complaint with the Labor Commissioner for any violation of a right under this chapter. (b) The employer shall include the policy described in subdivision (a) in an employee handbook or set of policies that the employer makes available to employees. (c) The employer shall distribute the policy described in subdivision (a) to new employees upon hiring and when an employee makes an inquiry about or requests parental leave. (d) If an employer cannot provide break time or a location that complies with the policy described in subdivision (a), the employer shall provide a written response to the employee. (Added by Stats. 2019, Ch. 720, Sec. 4. (SB 142) Effective January 1, 2020.)
  43. 104.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Division of Labor Standards Enforcement [79 - 107] ( Heading of Chapter 4 amended by Stats. 1976, Ch. 746. )

    Verify source ↗

    The Labor Commissioner must, on written request, bring court actions in California for assigned wage, judgment, and demand claims from another state, but only when that state offers similar comity to California cases.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Division of Labor Standards Enforcement [79 - 107] ( Heading of Chapter 4 amended by Stats. 1976, Ch. 746. ) ## 104. The Labor Commissioner shall, upon the written request of the labor department or other corresponding agency of any other state or of any person, board, officer or commission of such state authorized to act for and on behalf of such labor department or corresponding agency, maintain actions in the courts of this state upon assigned claims for wages, judgments and demands arising in such other state in the same manner and to the same extent that such actions by the Labor Commissioner are authorized when arising in this state; provided, however, that such actions may be commenced and maintained only in those cases where such other state by appropriate legislation or by reciprocal agreement extends a like comity to cases arising in this state. (Amended by Stats. 1976, Ch. 1190.)
  44. 1040.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3.9. Employee Literacy Assistance [1040 - 1044] ( Chapter 3.9 added by Stats. 1991, Ch. 339, Sec. 2. )

    Verify source ↗

    This section says Chapter 3.9 may be called the Employee Literacy Education Assistance Act.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3.9. Employee Literacy Assistance [1040 - 1044] ( Chapter 3.9 added by Stats. 1991, Ch. 339, Sec. 2. ) ## 1040. This chapter shall be known and may be cited as the Employee Literacy Education Assistance Act. (Added by Stats. 1991, Ch. 339, Sec. 2.)
  45. 1041.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3.9. Employee Literacy Assistance [1040 - 1044] ( Chapter 3.9 added by Stats. 1991, Ch. 339, Sec. 2. )

    Verify source ↗

    Private employers with 25 or more employees must reasonably help an employee who says they are illiterate and asks for help enrolling in an adult literacy program, unless doing so would cause undue hardship.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3.9. Employee Literacy Assistance [1040 - 1044] ( Chapter 3.9 added by Stats. 1991, Ch. 339, Sec. 2. ) ## 1041. (a) Every private employer regularly employing 25 or more employees shall reasonably accommodate and assist any employee who reveals a problem of illiteracy and requests employer assistance in enrolling in an adult literacy education program, provided that this reasonable accommodation does not impose an undue hardship on the employer. (b) For purposes of this section, employer assistance includes, but is not limited to, providing the employee with the locations of local literacy education programs or arranging for a literacy education provider to visit the jobsite. (Added by Stats. 1991, Ch. 339, Sec. 2.)
  46. 1042.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3.9. Employee Literacy Assistance [1040 - 1044] ( Chapter 3.9 added by Stats. 1991, Ch. 339, Sec. 2. )

    Verify source ↗

    The employer must make reasonable efforts to protect an employee’s privacy about an illiteracy problem.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3.9. Employee Literacy Assistance [1040 - 1044] ( Chapter 3.9 added by Stats. 1991, Ch. 339, Sec. 2. ) ## 1042. The employer shall make reasonable efforts to safeguard the privacy of the employee as to the fact that he or she has a problem with illiteracy. (Added by Stats. 1991, Ch. 339, Sec. 2.)
  47. 1043.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3.9. Employee Literacy Assistance [1040 - 1044] ( Chapter 3.9 added by Stats. 1991, Ch. 339, Sec. 2. )

    Verify source ↗

    This section says the chapter does not require an employer to give paid time off for an employee to enroll in or participate in an adult literacy education program.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3.9. Employee Literacy Assistance [1040 - 1044] ( Chapter 3.9 added by Stats. 1991, Ch. 339, Sec. 2. ) ## 1043. Nothing in this chapter shall be construed to require an employer to provide time off with pay for an employee to enroll and participate in an adult literacy education program. (Added by Stats. 1991, Ch. 339, Sec. 2.)
  48. 1044.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3.9. Employee Literacy Assistance [1040 - 1044] ( Chapter 3.9 added by Stats. 1991, Ch. 339, Sec. 2. )

    Verify source ↗

    An employee who discloses an illiteracy problem and satisfactorily performs the job cannot be terminated because of that disclosure.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 3.9. Employee Literacy Assistance [1040 - 1044] ( Chapter 3.9 added by Stats. 1991, Ch. 339, Sec. 2. ) ## 1044. An employee who reveals a problem of illiteracy and who satisfactorily performs his or her work shall not be subject to termination of employment because of the disclosure of illiteracy. (Added by Stats. 1991, Ch. 339, Sec. 2.)
  49. 105.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Division of Labor Standards Enforcement [79 - 107] ( Heading of Chapter 4 amended by Stats. 1976, Ch. 746. )

    Verify source ↗

    The Labor Commissioner must provide language-access help, interpreters, and bilingual written materials for non-English-speaking persons, and may revise bilingual complaint forms at discretion.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Division of Labor Standards Enforcement [79 - 107] ( Heading of Chapter 4 amended by Stats. 1976, Ch. 746. ) ## 105. (a) The Labor Commissioner shall provide qualified bilingual persons in public contact positions or as interpreters to assist those in such positions to provide information and services in the language of a limited- or non-English-speaking person, with the primary effort being exerted towards the largest segments of the non-English-speaking persons in this state. (b) The Labor Commissioner shall provide that an interpreter be present at all hearings and interviews where appropriate. (c) The Labor Commissioner shall prepare and distribute to the public, through its local offices, materials explaining services available in non-English languages, as well as in English. In addition, the commissioner shall prepare and use written materials in non-English languages as well as in English for use by local offices if the local office serves a substantial number of non-English-speaking people, as defined in Section 7296.2 of the Government Code. The commissioner shall prepare and use such complaint processing forms and form letters in the language of non-English speaking people as the commissioner deems necessary and appropriate for the filing, investigation, and resolution of wage claims, giving due consideration to the rights and obligations of all parties. The commissioner may, from time to time, at his or her discretion, eliminate, modify, amend, or add to the complaint processing forms and form letters which are the subject of bilingual or multilingual treatment or application. (Amended by Stats. 1984, Ch. 1089, Sec. 2.)
  50. 1050.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Reemployment Privileges [1050 - 1057] ( Chapter 4 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    A person, or that person’s agent or officer, must not use misrepresentation to stop a former employee from getting a job after discharge or voluntary departure.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Reemployment Privileges [1050 - 1057] ( Chapter 4 enacted by Stats. 1937, Ch. 90. ) ## 1050. Any person, or agent or officer thereof, who, after having discharged an employee from the service of such person or after an employee has voluntarily left such service, by any misrepresentation prevents or attempts to prevent the former employee from obtaining employment, is guilty of a misdemeanor. (Amended by Stats. 1981, Ch. 513, Sec. 1.)
  51. 1051.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Reemployment Privileges [1050 - 1057] ( Chapter 4 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    Except as provided in Section 1057, a person, agent, or officer may not require an employee or job applicant to be photographed or fingerprinted as a condition of getting or keeping a job when the images or fingerprints would be used to the person’s detriment; doing so is a misdemeanor.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Reemployment Privileges [1050 - 1057] ( Chapter 4 enacted by Stats. 1937, Ch. 90. ) ## 1051. Except as provided in Section 1057, any person or agent or officer thereof, who requires, as a condition precedent to securing or retaining employment, that an employee or applicant for employment be photographed or fingerprinted by any person who desires his or her photograph or fingerprints for the purpose of furnishing the same or information concerning the same or concerning the employee or applicant for employment to any other employer or third person, and these photographs and fingerprints could be used to the detriment of the employee or applicant for employment is guilty of a misdemeanor. (Amended by Stats. 1987, Ch. 77, Sec. 1.)
  52. 1052.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Reemployment Privileges [1050 - 1057] ( Chapter 4 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    A person who knowingly lets certain employees violate sections 1050 or 1051, or who does not take all reasonable steps to stop the violation, commits a misdemeanor.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Reemployment Privileges [1050 - 1057] ( Chapter 4 enacted by Stats. 1937, Ch. 90. ) ## 1052. Any person who knowingly causes, suffers, or permits an agent, superintendent, manager, or employee in his employ to commit a violation of sections 1050 and 1051, or who fails to take all reasonable steps within his power to prevent such violation is guilty of a misdemeanor. (Enacted by Stats. 1937, Ch. 90.)
  53. 1053.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Reemployment Privileges [1050 - 1057] ( Chapter 4 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    An employer or certain staff may give a truthful statement about why an employee was discharged or left, but only on special request.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Reemployment Privileges [1050 - 1057] ( Chapter 4 enacted by Stats. 1937, Ch. 90. ) ## 1053. Nothing in this chapter shall prevent an employer or an agent, employee, superintendent or manager thereof from furnishing, upon special request therefor, a truthful statement concerning the reason for the discharge of an employee or why an employee voluntarily left the service of the employer. If such statement furnishes any mark, sign, or other means conveying information different from that expressed by words therein, such fact, or the fact that such statement or other means of furnishing information was given without a special request therefor is prima facie evidence of a violation of sections 1050 to 1053. (Enacted by Stats. 1937, Ch. 90.)
  54. 1054.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Reemployment Privileges [1050 - 1057] ( Chapter 4 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    A person, agent, or officer who violates sections 1050 to 1052 can be liable in a civil action for treble damages.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Reemployment Privileges [1050 - 1057] ( Chapter 4 enacted by Stats. 1937, Ch. 90. ) ## 1054. In addition to and apart from the criminal penalty provided any person or agent or officer thereof, who violates any provision of sections 1050 to 1052, inclusive, is liable to the party aggrieved, in a civil action, for treble damages. Such civil action may be brought by such aggrieved person or his assigns, or successors in interest, without first establishing any criminal liability under this article. (Enacted by Stats. 1937, Ch. 90.)
  55. 1055.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Reemployment Privileges [1050 - 1057] ( Chapter 4 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    A public utility corporation must give an employee a service letter when the employee asks for one as the employee is leaving service.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Reemployment Privileges [1050 - 1057] ( Chapter 4 enacted by Stats. 1937, Ch. 90. ) ## 1055. Every public utility corporation shall, upon request by any employee leaving its service, give to such employee a letter stating the period of service and the kind of service rendered to the public utility corporation by the employee. (Enacted by Stats. 1937, Ch. 90.)
  56. 1056.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Reemployment Privileges [1050 - 1057] ( Chapter 4 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    A public utility corporation that violates Section 1055 commits a misdemeanor and may be fined $50 to $200 for each offense.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Reemployment Privileges [1050 - 1057] ( Chapter 4 enacted by Stats. 1937, Ch. 90. ) ## 1056. Every public utility corporation violating Section 1055 is guilty of a misdemeanor punishable by a fine of not less than fifty dollars ($50) nor more than two hundred dollars ($200) for each offense, which fine shall be collected by the district attorney of the county in which the public utility corporation has its principal place of business. (Amended by Stats. 1983, Ch. 1092, Sec. 203. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
  57. 1057.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Reemployment Privileges [1050 - 1057] ( Chapter 4 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    Section 1051 does not apply to certain employees of diversified or nondiversified management companies and their affiliates if federal law requires them to be fingerprinted.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Reemployment Privileges [1050 - 1057] ( Chapter 4 enacted by Stats. 1937, Ch. 90. ) ## 1057. Section 1051 shall not apply to any employee of a diversified or nondiversified management company, as defined in Section 80a-5 of Title 15 of the United States Code, and the affiliates thereof, as defined in Sections 80a-2(a)(2) and 80a-2(a)(3) of Title 15 of the United States Code, who is required to be fingerprinted pursuant to federal law. (Added by Stats. 1987, Ch. 77, Sec. 2.)
  58. 106.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Division of Labor Standards Enforcement [79 - 107] ( Heading of Chapter 4 amended by Stats. 1976, Ch. 746. )

    Verify source ↗

    The Labor Commissioner may authorize certain agency employees to issue citations and penalty assessment orders, but employees may not do so unless specifically designated, authorized, and trained by the Commissioner.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Division of Labor Standards Enforcement [79 - 107] ( Heading of Chapter 4 amended by Stats. 1976, Ch. 746. ) ## 106. (a) The Labor Commissioner may authorize an employee of any of the agencies that participate in the Joint Enforcement Strike Force on the Underground Economy, as defined in Section 329 of the Unemployment Insurance Code, to issue citations pursuant to Sections 226.4 and 1022 and issue and serve a penalty assessment order pursuant to subdivision (a) of Section 3722. (b) No employees shall issue citations or penalty assessment orders pursuant to this section unless they have been specifically designated, authorized, and trained by the Labor Commissioner for this purpose. Appeals of all citations or penalty assessment orders shall follow the procedures prescribed in Section 226.5, 1023, or 3725, whichever is applicable. (Amended by Stats. 2004, Ch. 685, Sec. 1. Effective January 1, 2005.)
  59. 1060.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4.5. Displaced Janitor Opportunity Act [1060 - 1065] ( Chapter 4.5 added by Stats. 2001, Ch. 795, Sec. 1. )

    Verify source ↗

    This section defines key terms used throughout the chapter for janitorial and building maintenance service contracts.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4.5. Displaced Janitor Opportunity Act [1060 - 1065] ( Chapter 4.5 added by Stats. 2001, Ch. 795, Sec. 1. ) ## 1060. The following definitions shall apply throughout this chapter: (a) “Awarding authority” means any person that awards or otherwise enters into contracts for janitorial or building maintenance services performed within the State of California, including any subcontracts for janitorial or building maintenance services. (b) “Contractor” means any person that employs 25 or more individuals and that enters into a service contract with the awarding authority. (c) “Employee” means any person employed as a service employee of a contractor or subcontractor who works at least 15 hours per week and whose primary place of employment is in the State of California under a contract to provide janitorial or building maintenance services. “Employee” does not include a person who is a managerial, supervisory, or confidential employee, including those employees who would be so defined under the federal Fair Labor Standards Act. (d) “Person” means any individual, proprietorship, partnership, joint venture, corporation, limited liability company, trust, association, or other entity that may employ individuals or enter into contracts. (e) “Service contract” means any contract that has the principal purpose of providing services through the use of service employees. (f) “Subcontractor” means any person who is not an employee who enters into a contract with a contractor to assist the contractor in performing a service contract. (g) “Successor service contract” means a service contract for the performance of essentially the same services as were previously performed pursuant to a different service contract at the same facility that terminated within the previous 30 days. A service contract entered into more than 30 days after the termination of a predecessor service contract shall be considered a “successor service contract” if its execution was delayed for the purpose of avoiding application of this chapter. (Added by Stats. 2001, Ch. 795, Sec. 1. Effective January 1, 2002.)
  60. 1061.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4.5. Displaced Janitor Opportunity Act [1060 - 1065] ( Chapter 4.5 added by Stats. 2001, Ch. 795, Sec. 1. )

    Verify source ↗

    When a service contract is terminated or will be terminated, the awarding authority and contractors must exchange employee information, and the successor contractor must retain certain employees for a 60-day transition period.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4.5. Displaced Janitor Opportunity Act [1060 - 1065] ( Chapter 4.5 added by Stats. 2001, Ch. 795, Sec. 1. ) ## 1061. (a) (1) If an awarding authority notifies a contractor that the service contract between the awarding authority and the contractor has been terminated or will be terminated, the awarding authority shall indicate in that notification whether a successor service contract has been or will be awarded in its place and, if so, shall identify the name and address of the successor contractor. The terminated contractor shall, within three working days after receiving that notification, provide to the successor contractor identified by the awarding authority, the name, date of hire, and job classification of each employee employed at the site or sites covered by the terminated service contract at the time of the contract termination. (2) If the terminated contractor has not learned the identity of the successor contractor, if any, the terminated contractor shall provide that information to the awarding authority, which shall be responsible for providing that information to the successor contractor as soon as that contractor has been selected. (3) The requirements of this section shall be equally applicable to all subcontractors of a terminated contractor. (b) (1) A successor contractor or successor subcontractor shall retain, for a 60-day transition employment period, employees who have been employed by the terminated contractor or its subcontractors, if any, for the preceding four months or longer at the site or sites covered by the successor service contract unless the successor contractor or successor subcontractor has reasonable and substantiated cause not to hire a particular employee based on that employee’s performance or conduct while working under the terminated contract. This requirement shall be stated by awarding authorities in all initial bid packages that are governed by this chapter. (2) The successor contractor or successor subcontractor shall make a written offer of employment to each employee, as required by this section, in the employee’s primary language or another language in which the employee is literate. That offer shall state the time within which the employee must accept that offer, but in no case may that time be less than 10 days. Nothing in this section requires the successor contractor or successor subcontractor to pay the same wages or offer the same benefits as were provided by the prior contractor or prior subcontractor. (3) If at any time the successor contractor or successor subcontractor determines that fewer employees are needed to perform services under the successor service contract or successor subcontract than were required by the terminated contractor under the terminated contract or terminated subcontract, the successor contractor or successor subcontractor shall retain employees by seniority within the job classification. (c) The successor contractor or successor subcontractor, upon commencing service under the successor service contract, shall provide a list of its employees and a list of employees of its subcontractors providing services at the site or sites covered under that contract to the awarding authority. These lists shall indicate which of these employees were employed at the site or sites by the terminated contractor or terminated subcontractor. The successor contractor or successor subcontractor shall also provide a list of any of the terminated contractor’s employees who were not retained either by the successor contractor or successor subcontractor, stating the reason these employees were not retained. (d) During the 60-day transition employment period, the successor contractor or successor subcontractor shall maintain a preferential hiring list of eligible covered employees not retained by the successor contractor or successor subcontractor from which the successor contractor or successor subcontractor shall hire additional employees until such time as all of the terminated contractor’s or terminated subcontractor’s employees have been offered employment with the successor contractor or successor subcontractor. (e) During the initial 60-day transition employment period, the successor contractor or successor subcontractor shall not discharge without cause an employee retained pursuant to this chapter. Cause shall be based only on the performance or conduct of the particular employee. (f) At the end of the 60-day transition employment period, a successor contractor or successor subcontractor shall provide a written performance evaluation to each employee retained pursuant to this chapter. If the employee’s performance during that 60-day period is satisfactory, the successor contractor or successor subcontractor shall offer the employee continued employment. Any employment after the 60-day transition employment period shall be at-will employment under which the employee may be terminated without cause. (Added by Stats. 2001, Ch. 795, Sec. 1. Effective January 1, 2002.)
  61. 1062.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4.5. Displaced Janitor Opportunity Act [1060 - 1065] ( Chapter 4.5 added by Stats. 2001, Ch. 795, Sec. 1. )

    Verify source ↗

    An employee covered by this chapter may sue a successor contractor or subcontractor in superior court, and the court must award back pay if there is a violation.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4.5. Displaced Janitor Opportunity Act [1060 - 1065] ( Chapter 4.5 added by Stats. 2001, Ch. 795, Sec. 1. ) ## 1062. (a) An employee, who was not offered employment or who has been discharged in violation of this chapter by a successor contractor or successor subcontractor, or an agent of the employee may bring an action against a successor contractor or successor subcontractor in any superior court of the State of California having jurisdiction over the successor contractor or successor subcontractor. Upon finding a violation of this chapter, the court shall award backpay, including the value of benefits, for each day during which the violation has occurred and continues to occur. The amount of backpay shall be calculated as the greater of either of the following: (1) The average regular rate of pay received by the employee during the last three years of the employee’s employment in the same occupation classification multiplied by the average hours worked during the last three years of the employee’s employment. (2) The final regular rate of pay received by the employee at the time of termination of the predecessor contract multiplied by the number of hours usually worked by the employee. (b) The court may order a preliminary or permanent injunction to stop the continued violation of this chapter. (c) If the employee is the prevailing party in the legal action, the court shall award the employee reasonable attorney’s fees and costs as part of the costs recoverable. (d) In the absence of a claim by an employee that he or she was terminated in violation of this chapter, an employee may not maintain a cause of action under this chapter solely for the failure of an employer to provide a written performance evaluation. (Added by Stats. 2001, Ch. 795, Sec. 1. Effective January 1, 2002.)
  62. 1063.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4.5. Displaced Janitor Opportunity Act [1060 - 1065] ( Chapter 4.5 added by Stats. 2001, Ch. 795, Sec. 1. )

    Verify source ↗

    This chapter applies only to contracts entered into on or after January 1, 2002, and it does not expand a property owner’s or awarding authority’s duties or limit their right to end a service contract or replace a contractor, except as stated in Section 1061.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4.5. Displaced Janitor Opportunity Act [1060 - 1065] ( Chapter 4.5 added by Stats. 2001, Ch. 795, Sec. 1. ) ## 1063. (a) This chapter only applies to contracts entered into on or after January 1, 2002. (b) Except for the obligations specified in subdivisions (a) and (b) of Section 1061, nothing in this chapter changes or increases the relationship or duties of a property owner or an awarding authority, or their agents, with respect to contractors, subcontractors, or their employees. (c) Nothing in this chapter limits the right of a property owner or an awarding authority to terminate a service contract or to replace a contractor with another contractor or with the property owner’s or awarding authority’s own employees. (Added by Stats. 2001, Ch. 795, Sec. 1. Effective January 1, 2002.)
  63. 1063.5.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4.5. Displaced Janitor Opportunity Act [1060 - 1065] ( Chapter 4.5 added by Stats. 2001, Ch. 795, Sec. 1. )

    Verify source ↗

    This section applies to contractors that provide food and beverage services at a publicly owned entertainment venue and defines key terms for that chapter.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4.5. Displaced Janitor Opportunity Act [1060 - 1065] ( Chapter 4.5 added by Stats. 2001, Ch. 795, Sec. 1. ) ## 1063.5. (a) This chapter shall apply to every contractor that provides food and beverage services at a publicly owned entertainment venue. (b) For purposes of this chapter, and in addition to the definitions specified in Section 1060, the following terms shall also have the following meanings: (1) “Awarding authority” means any person that awards or otherwise enters into contracts for food and beverage services at a publicly owned entertainment venue. (2) “Contractor” means any person that employs an individual to provide food and beverage services at a publicly owned entertainment venue. (3) “Employee” means any person employed to provide food and beverage services at a publicly owned entertainment venue. (4) “Publicly owned entertainment venue” means a venue that meets all of the following: (A) Has been in operation for 15 years or more. (B) Is located in a zone designated under Chapter 12.8 (commencing with Section 7070) of Division 7 of Title 1 of the Government Code. (C) Hosts concerts, shows, or sporting events on a noncontinuous basis. (c) This section shall remain in effect only until December 31, 2014, and as of that date is repealed. (Added by Stats. 2013, Ch. 28, Sec. 39. (SB 71) Effective June 27, 2013.)
  64. 1064.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4.5. Displaced Janitor Opportunity Act [1060 - 1065] ( Chapter 4.5 added by Stats. 2001, Ch. 795, Sec. 1. )

    Verify source ↗

    A local government agency may adopt ordinances for displaced janitors that are stricter than, or add enforcement provisions to, this chapter.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4.5. Displaced Janitor Opportunity Act [1060 - 1065] ( Chapter 4.5 added by Stats. 2001, Ch. 795, Sec. 1. ) ## 1064. Nothing in this chapter shall prohibit a local government agency from enacting ordinances relating to displaced janitors that impose greater standards than, or establish additional enforcement provisions to, those prescribed by this chapter. (Added by Stats. 2001, Ch. 795, Sec. 1. Effective January 1, 2002.)
  65. 1065.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4.5. Displaced Janitor Opportunity Act [1060 - 1065] ( Chapter 4.5 added by Stats. 2001, Ch. 795, Sec. 1. )

    Verify source ↗

    If part of this chapter is invalid, the rest of the chapter still applies if it can work without the invalid part.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4.5. Displaced Janitor Opportunity Act [1060 - 1065] ( Chapter 4.5 added by Stats. 2001, Ch. 795, Sec. 1. ) ## 1065. If any provision or provisions of this chapter or any application thereof is held invalid, that invalidity shall not affect any other provisions or applications of this chapter that can be given effect notwithstanding that invalidity. (Added by Stats. 2001, Ch. 795, Sec. 1. Effective January 1, 2002.)
  66. 107.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Division of Labor Standards Enforcement [79 - 107] ( Heading of Chapter 4 amended by Stats. 1976, Ch. 746. )

    Verify source ↗

    The State Department of Health Services has enforcement authority for Welfare and Institutions Code Section 14110.65, and claims made under that section are not wage claims and are not subject to this chapter.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Division of Labor Standards Enforcement [79 - 107] ( Heading of Chapter 4 amended by Stats. 1976, Ch. 746. ) ## 107. (a) The enforcement of Section 14110.65 of the Welfare and Institutions Code is vested with the State Department of Health Services. (b) Any claim made under Section 14110.65 of the Welfare and Institutions Code shall not constitute a wage claim as provided in subdivision (a) of Section 96, and shall not be subject to this chapter. (Added by Stats. 2002, Ch. 898, Sec. 18. Effective January 1, 2003.)
  67. 107.5.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4.3. Discrimination and Harassment Prevention in the Construction Industry [107.5- 107.5.] ( Chapter 4.3 added by Stats. 2019, Ch. 722, Sec. 2. )

    Verify source ↗

    The Division of Labor Standards Enforcement must develop construction-industry harassment and discrimination prevention recommendations, the Director of Industrial Relations must convene an advisory committee by March 1, 2020, and the Division must report to the Legislature by January 1, 2021.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4.3. Discrimination and Harassment Prevention in the Construction Industry [107.5- 107.5.] ( Chapter 4.3 added by Stats. 2019, Ch. 722, Sec. 2. ) ## 107.5. (a) The Division of Labor Standards Enforcement shall develop recommendations for an industry-specific harassment and discrimination prevention policy and training standard for use by employers in the construction industry. For purposes of this subdivision, “in the construction industry” means performing work associated with construction, including work involving alteration, demolition, building, excavation, renovation, remodeling, maintenance, improvement, repair work, and any other work as described by Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code. The training standard shall focus on preventing harassment and discrimination in the construction industry on the basis of sex, race, and national origin, in addition to the other categories protected under Section 12940 of the Government Code. (b) To assist in developing this standard, the Director of Industrial Relations shall convene an advisory committee to recommend minimum standards for a harassment and discrimination prevention policy and training program specific to the construction industry. The advisory committee shall be composed of representatives from recognized or certified collective bargaining agents that represent construction workers, construction industry employers or employer associations, labor-management groups in the construction industry, nonprofit organizations that represent women in the construction industry, and other related subject matter experts, and shall also include representatives of the Division of Labor Standards Enforcement, the Division of Occupational Safety and Health, and the Civil Rights Department. The director shall convene the advisory committee no later than March 1, 2020. The advisory committee shall consider the requirements of Section 12950.1 of the Government Code when developing the recommended minimum standard. (c) The Division of Labor Standards Enforcement shall provide a report to the Legislature by no later than January 1, 2021, in compliance with Section 9795 of the Government Code, with recommendations for an industry-specific harassment and discrimination prevention policy and training standard for use by employers in the construction industry and recommendations for legislation that would need to be enacted to implement such a standard. (Amended by Stats. 2022, Ch. 48, Sec. 58. (SB 189) Effective June 30, 2022.)
  68. 107.7.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4.4. Women in Construction Priority Unit [107.7 - 107.7.2] ( Chapter 4.4 added by Stats. 2022, Ch. 67, Sec. 7. )

    Verify source ↗

    This section defines “Department,” “Director,” and “Unit” for the chapter.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4.4. Women in Construction Priority Unit [107.7 - 107.7.2] ( Chapter 4.4 added by Stats. 2022, Ch. 67, Sec. 7. ) ## 107.7. For purposes of this chapter, all of the following definitions shall apply: (a) “Department” means the Department of Industrial Relations. (b) “Director” means the Director of Industrial Relations. (c) “Unit” means the Women in Construction Priority Unit. (Added by Stats. 2022, Ch. 67, Sec. 7. (SB 191) Effective June 30, 2022.)
  69. 107.7.1.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4.4. Women in Construction Priority Unit [107.7 - 107.7.2] ( Chapter 4.4 added by Stats. 2022, Ch. 67, Sec. 7. )

    Verify source ↗

    The department must establish a Women in Construction Priority Unit if the Legislature appropriates money, and the director must convene an advisory committee by July 1, 2023.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4.4. Women in Construction Priority Unit [107.7 - 107.7.2] ( Chapter 4.4 added by Stats. 2022, Ch. 67, Sec. 7. ) ## 107.7.1. (a) Upon appropriation by the Legislature, the department shall establish a Women in Construction Priority Unit, overseen by the director, to coordinate and help ensure collaboration across the department’s divisions, and maximize state and federal funding to support women and nonbinary individuals in the construction workforce. (b) (1) Upon appropriation by the Legislature, to assist with the establishment of the unit, the director shall, by July 1, 2023, convene an advisory committee to make recommendations to advance the unit’s objectives. (2) The advisory committee shall be composed of representatives from recognized or certified collective bargaining agents who represent construction workers, construction industry employers or employer associations, labor-management groups in the construction industry, nonprofit organizations that represent women in the construction industry, and other related subject matter experts. The advisory committee shall also include representatives of the Division of Labor Standards Enforcement, the Division of Occupational Safety and Health, and the Department of Fair Employment and Housing. (Added by Stats. 2022, Ch. 67, Sec. 7. (SB 191) Effective June 30, 2022.)
  70. 107.7.2.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4.4. Women in Construction Priority Unit [107.7 - 107.7.2] ( Chapter 4.4 added by Stats. 2022, Ch. 67, Sec. 7. )

    Verify source ↗

    The unit must provide construction-related resources and assistance for women and nonbinary individuals, employers, and project owners, and may establish interagency agreements when requested and approved.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4.4. Women in Construction Priority Unit [107.7 - 107.7.2] ( Chapter 4.4 added by Stats. 2022, Ch. 67, Sec. 7. ) ## 107.7.2. The unit shall do all of the following: (a) Assist and provide resources to women and nonbinary individuals, including, but not limited to, apprentices and journeypersons in the construction industry, including developing materials for employers and unions to promote the recruitment and retention of women and nonbinary individuals in construction, maintaining an internet website listing workers’ rights, developing training materials specific to women and nonbinary individuals to navigate health and safety and wage and hour laws, and leadership training to increase the upward mobility of women and nonbinary individuals in construction careers. (b) Provide resources for employers and project owners, including public agencies, to improve construction worksite culture, address barriers to employment, develop training and materials for workforce pipeline professionals specific to women and nonbinary individuals in construction, and interagency training. (c) Upon request by a state agency and approval by the Secretary of Labor and Workforce Development, establish interagency agreements that shall include the requirements in subdivisions (a) and (b) to promote the recruitment and retention of women and nonbinary individuals in construction. (d) Notwithstanding Section 3100, preapprenticeship programs shall be eligible for resources provided under this chapter. (Amended by Stats. 2023, Ch. 196, Sec. 17. (SB 143) Effective September 13, 2023.)
  71. 1070.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4.6. Public Transit Service Contracts and Contracts for the Collection and Transportation of Solid Waste [1070 - 1076] ( Heading of Chapter 4.6 amended by Stats. 2016, Ch. 874, Sec. 1. )

    Verify source ↗

    The section states legislative findings about public transit and solid waste contracts, including the impact on displaced employees and incentives for contractors to retain qualified prior employees.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4.6. Public Transit Service Contracts and Contracts for the Collection and Transportation of Solid Waste [1070 - 1076] ( Heading of Chapter 4.6 amended by Stats. 2016, Ch. 874, Sec. 1. ) ## 1070. The Legislature finds and declares all of the following: (a) That when public agencies with jurisdiction over public transit services or the collection and transportation of solid waste award contracts to operate bus and rail services, or to provide for the collection and transportation of solid waste to a new contractor, qualified employees of the prior contractor who are not reemployed by the successor contractor face significant economic dislocation as a result. (b) That those displaced employees rely unnecessarily upon the unemployment insurance system, public social services, and health programs, increasing costs to these vital government programs and placing a significant burden upon both the government and the taxpayers. (c) That it serves an important social purpose to establish incentives for contractors who bid on public transit service contracts or contracts for the collection and transportation of solid waste to retain qualified employees of the prior contractor to perform the same or similar work. (Amended by Stats. 2016, Ch. 874, Sec. 2. (AB 1669) Effective January 1, 2017.)
  72. 1071.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4.6. Public Transit Service Contracts and Contracts for the Collection and Transportation of Solid Waste [1070 - 1076] ( Heading of Chapter 4.6 amended by Stats. 2016, Ch. 874, Sec. 1. )

    Verify source ↗

    This section defines terms used in Chapter 4.6, including awarding authority, bidder, contractor, employee, person, public transit services, service contract, solid waste, and subcontractor.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4.6. Public Transit Service Contracts and Contracts for the Collection and Transportation of Solid Waste [1070 - 1076] ( Heading of Chapter 4.6 amended by Stats. 2016, Ch. 874, Sec. 1. ) ## 1071. The following definitions apply to this chapter: (a) “Awarding authority” means any local government agency, including any city, county, special district, transit district, joint powers authority, or nonprofit corporation that awards or otherwise enters into contracts for public transit services or for the collection and transportation of solid waste performed within the State of California. (b) “Bidder” means any person who submits a bid to an awarding authority for a public transit service contract, an exclusive contract for the collection and transportation of solid waste, or a subcontract. (c) “Contractor” means any person who enters into a public transit service contract or an exclusive contract for the collection and transportation of solid waste with an awarding authority. (d) “Employee” means any individual who works for a contractor or subcontractor under a contract. “Employee” does not include an executive, administrative, or professional employee exempt from the payment of overtime compensation within the meaning of subdivision (a) of Section 515 or any person who is not an “employee” as defined under Section 2(3) of the National Labor Relations Act (29 U.S.C. Sec. 152(3)). (e) “Person” means any individual, proprietorship, partnership, joint venture, corporation, limited liability company, trust, association, or other entity that may employ individuals or enter into contracts. (f) “Public transit services” means the provision of passenger transportation services to the general public, including paratransit service. (g) “Service contract” means any contract the principal purpose of which is to provide public transit services or the exclusive right to provide collection and transportation of solid waste through the use of employees. (h) “Solid waste” has the same meaning as defined in Section 40191 of the Public Resources Code. (i) “Subcontractor” means any person who is not an employee who enters into a contract with a contractor to perform a portion of the contractor’s express obligations under a service contract. “Subcontractor” does not include a contractor’s vendors, suppliers, insurers, or other service providers. (Amended by Stats. 2016, Ch. 874, Sec. 3. (AB 1669) Effective January 1, 2017.)
  73. 1072.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4.6. Public Transit Service Contracts and Contracts for the Collection and Transportation of Solid Waste [1070 - 1076] ( Heading of Chapter 4.6 amended by Stats. 2016, Ch. 874, Sec. 1. )

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    Bidders on certain service contracts must disclose whether they will keep prior employees for at least 90 days, and awarding authorities must give a 10% preference to bidders who agree to do so.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4.6. Public Transit Service Contracts and Contracts for the Collection and Transportation of Solid Waste [1070 - 1076] ( Heading of Chapter 4.6 amended by Stats. 2016, Ch. 874, Sec. 1. ) ## 1072. (a) A bidder shall declare as part of the bid for a service contract whether or not the bidder will retain the employees of the prior contractor or subcontractor for a period of not less than 90 days, as provided in this chapter, if awarded the service contract. (b) An awarding authority letting a service contract out to bid shall give a 10-percent preference to any bidder who agrees to retain the employees of the prior contractor or subcontractor pursuant to subdivision (a). (c) (1) If the awarding authority announces that it intends to let a service contract out to bid, the existing service contractor, within a reasonable time, shall provide to the awarding authority the number of employees who are performing services under the service contract and the wage rates, benefits, and job classifications of those employees. In addition, the existing service contractor shall make this information available to any entity that the awarding authority has identified as a bona fide bidder. This information shall be made available to each bona fide bidder in writing at least 30 days before bids for the service contract are due, whether by inclusion of the information in the request for bids or otherwise. If the successor service contract is awarded to a new contractor, the existing contractor shall provide the names, addresses, dates of hire, wages, benefit levels, and job classifications of employees to the successor contractor. The duties imposed by this subdivision shall be contained in all service contracts. (2) A successor contractor or subcontractor who agrees to retain employees pursuant to subdivision (a) shall retain employees who have been employed by the prior contractor or subcontractors, except for reasonable and substantiated cause. That cause is limited to the particular employee’s performance or conduct while working under the prior contract or the employee’s failure of any controlled substances and alcohol test, physical examination, criminal background check required by law as a condition of employment, or other standard hiring qualification lawfully required by the successor contractor or subcontractor. (3) The successor contractor or subcontractor shall make a written offer of employment to each employee to be retained pursuant to subdivision (a). That offer shall state the time within which the employee must accept that offer, but in no case less than 10 days. This section does not require the successor contractor or subcontractor to pay the same wages or offer the same benefits provided by the prior contractor or subcontractor. (4) If, at any time, the successor contractor or subcontractor determines that fewer employees are required than were required under the prior contract or subcontract, the successor contractor or subcontractor shall retain qualified employees by seniority within the job classification. In determining those employees who are qualified, the successor contractor or subcontractor may require an employee to possess any license that is required by law to operate the equipment that the employee will operate as an employee of the successor contractor or subcontractor. (Amended by Stats. 2017, Ch. 561, Sec. 143. (AB 1516) Effective January 1, 2018.)
  74. 1073.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4.6. Public Transit Service Contracts and Contracts for the Collection and Transportation of Solid Waste [1070 - 1076] ( Heading of Chapter 4.6 amended by Stats. 2016, Ch. 874, Sec. 1. )

    Verify source ↗

    An affected employee or the employee’s agent may sue the successor contractor or subcontractor, and the court must order reinstatement and back pay if it finds a violation.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4.6. Public Transit Service Contracts and Contracts for the Collection and Transportation of Solid Waste [1070 - 1076] ( Heading of Chapter 4.6 amended by Stats. 2016, Ch. 874, Sec. 1. ) ## 1073. (a) An employee who was not offered employment or who has been discharged in violation of this chapter, or his or her agent, may bring an action against the successor contractor or subcontractor in any superior court having jurisdiction over the successor contractor or subcontractor. Upon finding a violation of this chapter, the court shall order reinstatement to employment with the successor contractor or subcontractor and award backpay, including the value of benefits, for each day of violation. A violation of this chapter continues for each day that the successor contractor or subcontractor fails to employ the employee, within the period agreed to pursuant to Section 1072. (b) The court may preliminarily or permanently enjoin the continued violation of this chapter. (c) If the employee prevails in an action brought under this chapter, the court shall award the employee reasonable attorney’s fees and costs as part of the costs recoverable. (Added by Stats. 2003, Ch. 103, Sec. 1. Effective January 1, 2004.)
  75. 1074.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4.6. Public Transit Service Contracts and Contracts for the Collection and Transportation of Solid Waste [1070 - 1076] ( Heading of Chapter 4.6 amended by Stats. 2016, Ch. 874, Sec. 1. )

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    An awarding authority may terminate a service contract if the contractor or subcontractor substantially breached it and a public hearing is held within 30 days.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4.6. Public Transit Service Contracts and Contracts for the Collection and Transportation of Solid Waste [1070 - 1076] ( Heading of Chapter 4.6 amended by Stats. 2016, Ch. 874, Sec. 1. ) ## 1074. (a) Upon its own motion or upon the request of any member of the public, an awarding authority may terminate any service contract made pursuant to Section 1072 if both of the following occur: (1) The contractor or subcontractor has substantially breached the contract. (2) The awarding authority holds a public hearing within 30 days of the receipt of the request or its announcement of its intention to terminate. (b) A contractor or subcontractor terminated pursuant to subdivision (a) shall be ineligible to bid on or be awarded a service contract or subcontract with that awarding authority for a period of not less than one year and not more than three years, to be determined by the awarding authority. (Added by Stats. 2003, Ch. 103, Sec. 1. Effective January 1, 2004.)
  76. 1075.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4.6. Public Transit Service Contracts and Contracts for the Collection and Transportation of Solid Waste [1070 - 1076] ( Heading of Chapter 4.6 amended by Stats. 2016, Ch. 874, Sec. 1. )

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    For certain solid waste service contracts, a successor contractor or subcontractor must keep only the qualifying prior employees who would otherwise lose their jobs, with listed exceptions.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4.6. Public Transit Service Contracts and Contracts for the Collection and Transportation of Solid Waste [1070 - 1076] ( Heading of Chapter 4.6 amended by Stats. 2016, Ch. 874, Sec. 1. ) ## 1075. Notwithstanding any other provision of this chapter, the following shall apply to service contracts for the collection and transportation of solid waste: (a) A successor contractor or subcontractor shall be required to retain only employees of a contractor or subcontractor under a prior service contract whose employment would be terminated if the service contract were awarded to another contractor or subcontractor. (b) A successor contractor or subcontractor shall not be required to retain an employee of a contractor or subcontractor under a prior service contract under any of the following circumstances: (1) If the employee of the prior contractor or subcontractor does not meet any standard hiring qualification lawfully required by the successor contractor or subcontractor for the position. (2) If the successor contractor or subcontractor would be required to terminate or reassign an existing employee covered under a collective bargaining agreement with the successor contractor or subcontractor in order to hire the employee of the prior contractor or subcontractor. (3) If, and to the extent, the actual number of employees meeting the requirements of this chapter exceeds the number of those employees communicated to bona fide bidders in accordance with paragraph (1) of subdivision (c) of Section 1072. (c) An employee or his or her agent shall not bring an action against a successor contractor or subcontractor under subdivision (a) of Section 1073 without first giving the successor contractor or subcontractor written notice of the violation or breach and 30 days to cure the violation or breach. An awarding authority shall not terminate a service contract under subdivision (a) of Section 1074 without first giving the successor contractor or subcontractor written notice of the violation or breach and 30 days to cure the violation or breach. (d) This chapter shall only apply to service contracts for the collection and transportation of solid waste when an awarding agency decides to let an exclusive solid waste collection and transportation contract out to bid. It is not intended to determine whether or not a local agency should procure a service contract by inviting bids, extend an existing service contract, renegotiate its service contract with the prior contractor, or exercise any other right it possesses pursuant to Section 40059 of the Public Resources Code to determine aspects of solid waste handling that are of local concern. (e) This chapter does not modify, limit, or abrogate in any manner any franchise, contract, license, or permit granted or extended by a city, county, or other local government agency before January 1, 2017. (Added by Stats. 2016, Ch. 874, Sec. 5. (AB 1669) Effective January 1, 2017.)
  77. 1076.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4.6. Public Transit Service Contracts and Contracts for the Collection and Transportation of Solid Waste [1070 - 1076] ( Heading of Chapter 4.6 amended by Stats. 2016, Ch. 874, Sec. 1. )

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    This section says the new amendments and additions do not apply to certain older contracts.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4.6. Public Transit Service Contracts and Contracts for the Collection and Transportation of Solid Waste [1070 - 1076] ( Heading of Chapter 4.6 amended by Stats. 2016, Ch. 874, Sec. 1. ) ## 1076. The amendments and additions to this chapter made by the act adding this section shall not apply to contracts awarded before January 1, 2017, or to contracts for which the bid process has been completed before January 1, 2017. (Added by Stats. 2016, Ch. 874, Sec. 6. (AB 1669) Effective January 1, 2017.)
  78. 108.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4.5. Electrician Certification [108 - 108.5] ( Chapter 4.5 added by Stats. 2012, Ch. 46, Sec. 79. )

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    This section assigns the Division of Labor Standards Enforcement and the Labor Commissioner tasks for electrician certification, including standards, fees, cards, and related regulations, and it sets curriculum rules and exemptions.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4.5. Electrician Certification [108 - 108.5] ( Chapter 4.5 added by Stats. 2012, Ch. 46, Sec. 79. ) ## 108. (a) The Division of Labor Standards Enforcement shall do all of the following: (1) Maintain minimum standards for the competency and training of electricians through a system of testing and certification. (2) Maintain an advisory committee and panels as necessary to carry out the functions under this section. There shall be contractor representation from both joint apprenticeship programs and unilateral nonunion programs in the electrical contracting industry. (3) Establish and collect fees necessary to implement this section. (4) Carry out the responsibilities of the Division of Apprenticeship Standards that are specified in Subchapter 4 (commencing with Section 290) of Chapter 2 of Division 1 of Title 8 of the California Code of Regulations. The Labor Commissioner may amend or repeal existing regulations or adopt new regulations as necessary to enforce this section. Pending amendments to conform to this section, any reference within the Subchapter 4 regulations to the Chief of the Division of Apprenticeship Standards is deemed a reference to the Labor Commissioner, and references to prior statutory sections are deemed to refer to current statutory language as follows: (A) References to former Section 3099 refer to current Section 108. (B) References to former Section 3099.2 refer to current Section 108.2. (C) References to former Section 3099.3 refer to current Section 108.3. (D) References to former Section 3099.4 refer to current Section 108.4. (E) References to former Section 3099.5 refer to current Section 108.5. (5) Issue certification cards to electricians who have been certified pursuant to this section. Notwithstanding Section 13340 of the Government Code, fees collected pursuant to paragraph (3) are continuously appropriated in an amount sufficient to pay the costs of issuing certification cards, and that amount may be expended for that purpose by the division. (6) Maintain an electrical certification curriculum committee comprised of representatives of the State Department of Education, the California Community Colleges, and the division. The electrical certification curriculum committee shall do all of the following: (A) Establish written educational curriculum standards for enrollees in training programs established pursuant to Section 108.4. (B) If an educational provider’s curriculum meets the written educational curriculum standards established in accordance with subparagraph (A), designate that curriculum as an approved curriculum of classroom instruction. (C) At the committee’s discretion, review the approved curriculum of classroom instruction of any designated educational provider. The committee may withdraw its approval of the curriculum if the educational provider does not continue to meet the established written educational curriculum standards. (D) Require each designated educational provider to submit an annual notice to the committee stating whether the educational provider is continuing to offer the approved curriculum of classroom instruction and whether any material changes have been made to the curriculum since its approval. (b) There shall be no discrimination for or against any person based on membership or nonmembership in a union. (c) As used in this section, “electricians” includes all persons who engage in the connection of electrical devices for electrical contractors licensed pursuant to Section 7058 of the Business and Professions Code, specifically, contractors classified as electrical contractors in the Contractors’ State License Board Rules and Regulations. This section does not apply to electrical connections under 100 volt-amperes. This section does not apply to persons performing work to which Section 7042.5 of the Business and Professions Code is applicable, or to electrical work ordinarily and customarily performed by stationary engineers. This section does not apply to electrical work in connection with the installation, operation, or maintenance of temporary or portable electrical equipment performed by technicians in the theatrical, motion picture production, television, hotel, exhibition, or trade show industries. (Added by Stats. 2012, Ch. 46, Sec. 79. (SB 1038) Effective June 27, 2012.)
  79. 108.2.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4.5. Electrician Certification [108 - 108.5] ( Chapter 4.5 added by Stats. 2012, Ch. 46, Sec. 79. )

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    People doing electrician work generally must be certified, and uncertified persons may not do work that requires certification.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4.5. Electrician Certification [108 - 108.5] ( Chapter 4.5 added by Stats. 2012, Ch. 46, Sec. 79. ) ## 108.2. (a) Persons who perform work as electricians shall become certified pursuant to Section 108. Uncertified persons shall not perform electrical work for which certification is required. (b) (1) Certification is required only for those persons who perform work as electricians for contractors licensed as class C-10 electrical contractors under the Contractors’ State License Board Rules and Regulations. (2) Certification is not required for persons performing work for contractors licensed as class C-7 low voltage systems or class C-45 electric sign contractors as long as the work performed is within the scope of the class C-7 or class C-45 license, including incidental and supplemental work as defined in Section 7059 of the Business and Professions Code, and regardless of whether the same contractor is also licensed as a class C-10 contractor. (3) Certification is not required for work performed by a worker on a high-voltage electrical transmission or distribution system owned by a local publicly owned electric utility, as defined in Section 224.3 of the Public Utilities Code; an electrical corporation, as defined in Section 218 of the Public Utilities Code; a person, as defined in Section 205 of the Public Utilities Code; or a corporation, as defined in Section 204 of the Public Utilities Code; when the worker is employed by the utility or a licensed contractor principally engaged in installing or maintaining transmission or distribution systems. (4) Individuals desiring to be certified shall submit an application for certification and examination that includes an employment history report from the Social Security Administration. The individual may redact his or her social security number from the employment history report before it is submitted. (c) The division shall maintain separate certifications for general electrician, fire/life safety technician, residential electrician, voice data video technician, and nonresidential lighting technician. (d) Notwithstanding subdivision (a), certification is not required for registered apprentices performing electrical work as part of an apprenticeship program approved under Chapter 4 of Division 3 (commencing with Section 3070), a federal Office of Apprenticeship program, or a state apprenticeship program authorized by the federal Office of Apprenticeship. An apprentice who is within one year of completion of his or her term of apprenticeship shall be permitted to take the certification examination and, upon passing the examination, shall be certified immediately upon completion of the term of apprenticeship. (e) Notwithstanding subdivision (a), certification is not required for any person employed pursuant to Section 108.4. (f) Notwithstanding subdivision (a), certification is not required for a nonresidential lighting trainee (1) who is enrolled in an on-the-job instructional training program approved by the Chief of the Division of Apprenticeship Standards pursuant to Section 3090, and (2) who is under the onsite supervision of a nonresidential lighting technician certified pursuant to Section 108. (g) Notwithstanding subdivision (a), the qualifying person for a class C-10 electrical contractor license issued by the Contractors’ State License Board need not also be certified pursuant to Section 108 to perform electrical work for that licensed contractor or to supervise an uncertified person employed by that licensed contractor pursuant to Section 108.4. (h) The following shall constitute additional grounds for disciplinary proceedings, including suspension or revocation of the license of a class C-10 electrical contractor pursuant to Article 7 (commencing with Section 7090) of Chapter 9 of Division 3 of the Business and Professions Code: (1) The contractor willfully employs one or more uncertified persons to perform work as electricians in violation of this section. (2) The contractor willfully fails to provide the adequate supervision of uncertified workers required by paragraph (3) of subdivision (a) of Section 108.4. (3) The contractor willfully fails to provide adequate supervision of apprentices performing work pursuant to subdivision (d). (i) The Labor Commissioner shall maintain a process for referring cases to the Contractors’ State License Board when it has been determined that a violation of this section has likely occurred. The Labor Commissioner shall have a memorandum of understanding with the Registrar of Contractors in furtherance of this section. (j) Upon receipt of a referral by the Labor Commissioner alleging a violation under this section, the Registrar of Contractors shall open an investigation. Any disciplinary action against the licensee shall be initiated within 60 days of the receipt of the referral. The Registrar of Contractors may initiate disciplinary action against any licensee upon his or her own investigation, the filing of any complaint, or any finding that results from a referral from the Labor Commissioner alleging a violation under this section. Failure of the employer or employee to provide evidence of certification or trainee status shall create a rebuttable presumption of violation of this provision. (k) For the purposes of this section, “electricians” has the same meaning as the definition set forth in Section 108. (Added by Stats. 2012, Ch. 46, Sec. 79. (SB 1038) Effective June 27, 2012.)
  80. 108.3.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4.5. Electrician Certification [108 - 108.5] ( Chapter 4.5 added by Stats. 2012, Ch. 46, Sec. 79. )

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    The Division of Labor Standards Enforcement must provide electrician certification information and certification testing in required non-English languages, and work with the California Apprenticeship Council on apprenticeship program accommodations and credit procedures.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4.5. Electrician Certification [108 - 108.5] ( Chapter 4.5 added by Stats. 2012, Ch. 46, Sec. 79. ) ## 108.3. The Division of Labor Standards Enforcement shall do all of the following: (a) Make information about electrician certification available in non-English languages spoken by a substantial number of construction workers, as defined in Section 7296.2 of the Government Code. (b) Provide for the administration of certification tests in Spanish and, to the extent practicable, other non-English languages spoken by a substantial number of applicants, as defined in Section 7296.2 of the Government Code, except insofar as the ability to understand warning signs, instructions, and certain other information in English is necessary for safety reasons. (c) Ensure, in conjunction with the California Apprenticeship Council, that all electrician apprenticeship programs approved under Chapter 4 (commencing with Section 3070) of Division 3 that impose minimum formal education requirements as a condition of entry provide for reasonable alternative means of satisfying those requirements. (d) Ensure, in conjunction with the California Apprenticeship Council, that all electrician apprenticeship programs approved under Chapter 4 (commencing with Section 3070) of Division 3 have adopted reasonable procedures for granting credit toward a term of apprenticeship for other vocational training and on-the-job training experience. (Added by Stats. 2012, Ch. 46, Sec. 79. (SB 1038) Effective June 27, 2012.)
  81. 108.4.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4.5. Electrician Certification [108 - 108.5] ( Chapter 4.5 added by Stats. 2012, Ch. 46, Sec. 79. )

    Verify source ↗

    An uncertified person may do covered electrical work to gain experience only if registered, in or finished with an approved classroom curriculum, and under required supervision.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4.5. Electrician Certification [108 - 108.5] ( Chapter 4.5 added by Stats. 2012, Ch. 46, Sec. 79. ) ## 108.4. (a) An uncertified person may perform electrical work for which certification is required under Section 108 in order to acquire the necessary on-the-job experience for certification, if all of the following requirements are met: (1) The person is registered with the Labor Commissioner. A list of current registrants shall be maintained by the division and made available to the public upon request. (2) The person either has completed or is enrolled in an approved curriculum of classroom instruction. (3) The employer attests that the person shall be under the direct supervision of an electrician certified pursuant to Section 108 who is responsible for supervising no more than one uncertified person. An employer who is found by the division to have failed to provide adequate supervision may be barred by the division from employing uncertified individuals pursuant to this section in the future. (b) For purposes of this section, “an approved curriculum of classroom instruction” means a curriculum of classroom instruction approved by the electrician certification curriculum committee established pursuant to paragraph (6) of subdivision (a) of Section 108 and provided under the jurisdiction of the State Department of Education, the Board of Governors of the California Community Colleges, or the Bureau for Private Postsecondary and Vocational Education. (c) The curriculum committee may grant approval to an educational provider that presently offers only a partial curriculum if the educational provider intends in the future to offer, or to cooperate with other educational providers to offer, a complete curriculum for the type of certification involved. The curriculum committee may require an educational provider receiving approval for a partial curriculum to periodically renew its approval with the curriculum committee until a complete curriculum is offered and approved. A partial curriculum means a combination of classes that does not include all classroom educational components of the complete curriculum for one of the categories of certification established in accordance with subdivision (c) of Section 108.2. (d) An educational provider that receives approval for a partial curriculum must disclose in all communications to students and to the public that the educational provider has only received approval for a partial curriculum and shall not make any representations that the provider offers a complete approved curriculum of classroom instruction as established by subparagraph (A) of paragraph (6) of subdivision (a) of Section 108. (e) For purposes of this section, a person is enrolled in an approved curriculum of classroom instruction if the person is attending classes on a full-time or part-time basis toward the completion of an approved curriculum. (f) Registration under this section shall be renewed annually and the registrant shall provide to the division certification of the classwork completed and on-the-job experience acquired since the prior registration. (g) For purposes of verifying the information provided by a person registered with the division, an educational provider of an approved curriculum of classroom instruction shall, upon the division’s request, provide the division with information regarding the enrollment status and instruction completed by a person registered. By registering with the division in accordance with this section, a person consents to the release of this information. (h) The division shall establish registration fees necessary to implement this section, not to exceed twenty-five dollars ($25) for the initial registration. There shall be no fee for annual renewal of registration. Notwithstanding Section 13340 of the Government Code, fees collected are continuously appropriated in an amount sufficient to administer this section and that amount may be expended by the division for this purpose. (i) The division shall issue regulations to implement this section. (j) For purposes of Section 1773, persons employed pursuant to this section do not constitute a separate craft, classification, or type of worker. (k) Notwithstanding any other provision of law, an uncertified person who has completed an approved curriculum of classroom instruction and is currently registered with the division may take the certification examination. The person shall be certified upon passing the examination and satisfactorily completing the requisite number of on-the-job hours required for certification. A person who passes the examination prior to completing the requisite hours of on-the-job experience shall continue to comply with subdivision (f). (Added by Stats. 2012, Ch. 46, Sec. 79. (SB 1038) Effective June 27, 2012.)
  82. 108.5.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4.5. Electrician Certification [108 - 108.5] ( Chapter 4.5 added by Stats. 2012, Ch. 46, Sec. 79. )

    Verify source ↗

    The Electrician Certification Fund is created in the State Treasury and may be spent by the department only with legislative appropriation for electrician certification program costs; it cannot be used for other purposes.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4.5. Electrician Certification [108 - 108.5] ( Chapter 4.5 added by Stats. 2012, Ch. 46, Sec. 79. ) ## 108.5. (a) The Electrician Certification Fund is established as a special account in the State Treasury. Proceeds of the fund may be expended by the department, upon appropriation by the Legislature, for the costs of the Division of Labor Standards Enforcement program to validate and certify electricians as provided by Section 108, and shall not be used for any other purpose. (b) The fund shall consist of the fees collected pursuant to Section 108. (Added by Stats. 2012, Ch. 46, Sec. 79. (SB 1038) Effective June 27, 2012.)
  83. 11.

    ## Labor Code - LAB ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    This section says tense words are read broadly: present tense includes past and future, and future tense includes present.

    ## Labor Code - LAB ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 90. ) ## 11. The present tense includes the past and future tenses; and the future, the present. (Enacted by Stats. 1937, Ch. 90.)
  84. 110.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5. Division of Workers’ Compensation [110 - 139.6] ( Heading of Chapter 5 amended by Stats. 2002, Ch. 6, Sec. 23.5. )

    Verify source ↗

    This section defines key terms used in the chapter.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5. Division of Workers’ Compensation [110 - 139.6] ( Heading of Chapter 5 amended by Stats. 2002, Ch. 6, Sec. 23.5. ) ## 110. As used in this chapter: (a) “Appeals board” means the Workers’ Compensation Appeals Board. The title of a member of the board is “commissioner.” (b) “Administrative director” means the Administrative Director of the Division of Workers’ Compensation. (c) “Division” means the Division of Workers’ Compensation. (d) “Medical director” means the physician appointed by the administrative director pursuant to Section 122. (e) “Qualified medical evaluator” means physicians appointed by the administrative director pursuant to Section 139.2. (Amended by Stats. 2011, Ch. 559, Sec. 2. (AB 1426) Effective October 7, 2011.)
  85. 110.5.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5. Division of Workers’ Compensation [110 - 139.6] ( Heading of Chapter 5 amended by Stats. 2002, Ch. 6, Sec. 23.5. )

    Verify source ↗

    This section allows certain signed documents to be filed using an electronic signature, subject to any restrictions or requirements adopted by the administrative director or the Workers’ Compensation Appeals Board.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5. Division of Workers’ Compensation [110 - 139.6] ( Heading of Chapter 5 amended by Stats. 2002, Ch. 6, Sec. 23.5. ) ## 110.5. For the purpose of this chapter and subject to restrictions or requirements that may be adopted by the administrative director or the Workers’ Compensation Appeals Board, documents that require a signature, including the signature of a notary on an acknowledgment, may be filed with an “electronic signature,” defined as an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record, where the electronic signature is attributable to a person per the requirements of Title 2.5 (commencing with Section 1633.1) of Part 2 of Division 3 of the Civil Code or Section 16.5 of the Government Code. (Added by Stats. 2024, Ch. 392, Sec. 1. (AB 2337) Effective January 1, 2025.)
  86. 11000.

    ## Labor Code - LAB ## DIVISION 7. California Workplace Outreach Program [11000 - 11005] ( Division 7 added by Stats. 2025, Ch. 771, Sec. 1. )

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    The Department of Industrial Relations must establish and administer the California Workplace Outreach Program if funds are appropriated for that purpose.

    ## Labor Code - LAB ## DIVISION 7. California Workplace Outreach Program [11000 - 11005] ( Division 7 added by Stats. 2025, Ch. 771, Sec. 1. ) ## 11000. (a) The Department of Industrial Relations, upon appropriation of funds to the department for this purpose, shall establish and administer the California Workplace Outreach Program. (b) The purpose of the program shall be to promote awareness of, and compliance with, workplace protections that affect California workers, with a focus on low-wage, high-risk, and high-violation industries. (c) The department shall consult and collaborate with the Civil Rights Department when the program’s outreach and education materials involve protections under the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code) or any statute referenced in subdivision (f) of Section 12930 of the Government Code. (Added by Stats. 2025, Ch. 771, Sec. 1. (SB 578) Effective January 1, 2026. Repealed as of January 1, 2031, pursuant to Section 11005.)
  87. 11001.

    ## Labor Code - LAB ## DIVISION 7. California Workplace Outreach Program [11000 - 11005] ( Division 7 added by Stats. 2025, Ch. 771, Sec. 1. )

    Verify source ↗

    This section defines key terms used in the California Workplace Outreach Program division.

    ## Labor Code - LAB ## DIVISION 7. California Workplace Outreach Program [11000 - 11005] ( Division 7 added by Stats. 2025, Ch. 771, Sec. 1. ) ## 11001. For purposes of this division, the following definitions apply: (a) “Department” means the Department of Industrial Relations. (b) “Program” means the California Workplace Outreach Program. (c) “Qualified organization” means a nonprofit organization with demonstrated experience in carrying out in-person outreach and education directed at workers in industries and demographic groups deemed by the department or its divisions to be vulnerable to violations of workplace protections. (Added by Stats. 2025, Ch. 771, Sec. 1. (SB 578) Effective January 1, 2026. Repealed as of January 1, 2031, pursuant to Section 11005.)
  88. 11002.

    ## Labor Code - LAB ## DIVISION 7. California Workplace Outreach Program [11000 - 11005] ( Division 7 added by Stats. 2025, Ch. 771, Sec. 1. )

    Verify source ↗

    The department must issue a competitive request for applications for qualified organizations, and it may require those organizations to take training.

    ## Labor Code - LAB ## DIVISION 7. California Workplace Outreach Program [11000 - 11005] ( Division 7 added by Stats. 2025, Ch. 771, Sec. 1. ) ## 11002. The department shall issue a competitive request for application for qualified organizations to provide education and outreach services to workers and to assist workers to assert their workplace rights. The department may require qualified organizations to participate in training. (Added by Stats. 2025, Ch. 771, Sec. 1. (SB 578) Effective January 1, 2026. Repealed as of January 1, 2031, pursuant to Section 11005.)
  89. 11003.

    ## Labor Code - LAB ## DIVISION 7. California Workplace Outreach Program [11000 - 11005] ( Division 7 added by Stats. 2025, Ch. 771, Sec. 1. )

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    The department must work with qualified organizations to discuss outreach topics, create and translate worker education materials, and organizations must carry out department-required changes.

    ## Labor Code - LAB ## DIVISION 7. California Workplace Outreach Program [11000 - 11005] ( Division 7 added by Stats. 2025, Ch. 771, Sec. 1. ) ## 11003. (a) The department shall guide discussions with qualified organizations regarding priority topics for outreach and education, which may include, but are not limited to, minimum wage, overtime, paid leave, retaliation, health and safety, excessive heat, discrimination protections, the adjudication processes of the Department of Industrial Relations and issues that affect certain low-wage, high-risk, and high-violation industries differently. (b) The department shall consult with qualified organizations and the Labor and Workforce Development Agency and, as relevant, its departments and boards to create education and outreach materials informing workers of their rights on priority topics and training materials for workers and organizations. The materials shall be translated into non-English languages, to be determined by the department in consultation with each qualified organization, as appropriate for the geographic region the qualified organization serves. The department may require its final approval of education, outreach, and training materials, and organizations shall implement any changes required by the department. (Added by Stats. 2025, Ch. 771, Sec. 1. (SB 578) Effective January 1, 2026. Repealed as of January 1, 2031, pursuant to Section 11005.)
  90. 11004.

    ## Labor Code - LAB ## DIVISION 7. California Workplace Outreach Program [11000 - 11005] ( Division 7 added by Stats. 2025, Ch. 771, Sec. 1. )

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    The department and qualified organizations must meet at least twice a year to coordinate outreach and education, and qualified organizations must share information relevant to the department’s enforcement activities, subject to privacy and confidentiality laws.

    ## Labor Code - LAB ## DIVISION 7. California Workplace Outreach Program [11000 - 11005] ( Division 7 added by Stats. 2025, Ch. 771, Sec. 1. ) ## 11004. The department and qualified organizations shall meet twice a year, or more frequently at the discretion of the department, to coordinate efforts around outreach and education, and for qualified organizations to share information relevant to enforcement activities of the department, in accordance with applicable privacy and confidentiality laws. (Added by Stats. 2025, Ch. 771, Sec. 1. (SB 578) Effective January 1, 2026. Repealed as of January 1, 2031, pursuant to Section 11005.)
  91. 11005.

    ## Labor Code - LAB ## DIVISION 7. California Workplace Outreach Program [11000 - 11005] ( Division 7 added by Stats. 2025, Ch. 771, Sec. 1. )

    Verify source ↗

    Division 7 stays in force only until January 1, 2031, when it is repealed.

    ## Labor Code - LAB ## DIVISION 7. California Workplace Outreach Program [11000 - 11005] ( Division 7 added by Stats. 2025, Ch. 771, Sec. 1. ) ## 11005. This division shall remain in effect only until January 1, 2031, and as of that date is repealed. (Added by Stats. 2025, Ch. 771, Sec. 1. (SB 578) Effective January 1, 2026. Repealed as of January 1, 2031, by its own provisions. Note: Repeal affects Division 7, commencing with Section 11000.)
  92. 1101.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5. Political Affiliations [1101 - 1106] ( Chapter 5 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    Employers must not adopt or enforce workplace rules that bar employees from politics or from running for public office, or that control employees’ political activities or affiliations.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5. Political Affiliations [1101 - 1106] ( Chapter 5 enacted by Stats. 1937, Ch. 90. ) ## 1101. No employer shall make, adopt, or enforce any rule, regulation, or policy: (a) Forbidding or preventing employees from engaging or participating in politics or from becoming candidates for public office. (b) Controlling or directing, or tending to control or direct the political activities or affiliations of employees. (Enacted by Stats. 1937, Ch. 90.)
  93. 1102.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5. Political Affiliations [1101 - 1106] ( Chapter 5 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    An employer must not use threats of discharge or job loss to coerce or influence employees’ political activity or political choices.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5. Political Affiliations [1101 - 1106] ( Chapter 5 enacted by Stats. 1937, Ch. 90. ) ## 1102. No employer shall coerce or influence or attempt to coerce or influence his employees through or by means of threat of discharge or loss of employment to adopt or follow or refrain from adopting or following any particular course or line of political action or political activity. (Enacted by Stats. 1937, Ch. 90.)
  94. 1102.5.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5. Political Affiliations [1101 - 1106] ( Chapter 5 enacted by Stats. 1937, Ch. 90. )

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    Employers and their agents must not block or retaliate against employee disclosures, testimony, or refusal to join unlawful activity, with limited confidentiality and trade secret exceptions.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5. Political Affiliations [1101 - 1106] ( Chapter 5 enacted by Stats. 1937, Ch. 90. ) ## 1102.5. (a) An employer, or any person acting on behalf of the employer, shall not make, adopt, or enforce any rule, regulation, or policy preventing an employee from disclosing information to a government or law enforcement agency, to a person with authority over the employee, or to another employee who has authority to investigate, discover, or correct the violation or noncompliance, or from providing information to, or testifying before, any public body conducting an investigation, hearing, or inquiry, if the employee has reasonable cause to believe that the information discloses a violation of state or federal statute, or a violation of or noncompliance with a local, state, or federal rule or regulation, regardless of whether disclosing the information is part of the employee’s job duties. (b) An employer, or any person acting on behalf of the employer, shall not retaliate against an employee for disclosing information, or because the employer believes that the employee disclosed or may disclose information, to a government or law enforcement agency, to a person with authority over the employee or another employee who has the authority to investigate, discover, or correct the violation or noncompliance, or for providing information to, or testifying before, any public body conducting an investigation, hearing, or inquiry, if the employee has reasonable cause to believe that the information discloses a violation of state or federal statute, or a violation of or noncompliance with a local, state, or federal rule or regulation, regardless of whether disclosing the information is part of the employee’s job duties. (c) An employer, or any person acting on behalf of the employer, shall not retaliate against an employee for refusing to participate in an activity that would result in a violation of state or federal statute, or a violation of or noncompliance with a local, state, or federal rule or regulation. (d) An employer, or any person acting on behalf of the employer, shall not retaliate against an employee for having exercised their rights under subdivision (a), (b), or (c) in any former employment. (e) A report made by an employee of a government agency to their employer is a disclosure of information to a government or law enforcement agency pursuant to subdivisions (a) and (b). (f) (1) In addition to other remedies available, an employer is liable for a civil penalty not exceeding ten thousand dollars ($10,000) per employee for each violation of this section to be awarded to the employee who was retaliated against. (2) In assessing this penalty, the Labor Commissioner shall consider the nature and seriousness of the violation based on the evidence obtained during the course of the investigation. The Labor Commissioner’s consideration of the nature and seriousness of the violation shall include, but is not limited to, the type of violation, the economic or mental harm suffered, and the chilling effect on the exercise of employment rights in the workplace, and shall be considered to the extent evidence obtained during the investigation concerned any of these or other relevant factors. (g) This section does not apply to rules, regulations, or policies that implement, or to actions by employers against employees who violate, the confidentiality of the lawyer-client privilege of Article 3 (commencing with Section 950) of, or the physician-patient privilege of Article 6 (commencing with Section 990) of, Chapter 4 of Division 8 of the Evidence Code, or trade secret information. (h) An employer, or a person acting on behalf of the employer, shall not retaliate against an employee because the employee is a family member of a person who has, or is perceived to have, engaged in any acts protected by this section. (i) For purposes of this section, “employer” or “a person acting on behalf of the employer” includes, but is not limited to, a client employer as defined in paragraph (1) of subdivision (a) of Section 2810.3 and an employer listed in subdivision (b) of Section 6400. (j) The court is authorized to award reasonable attorney’s fees to a plaintiff who brings a successful action for a violation of these provisions. (Amended by Stats. 2023, Ch. 612, Sec. 2. (SB 497) Effective January 1, 2024.)
  95. 1102.6.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5. Political Affiliations [1101 - 1106] ( Chapter 5 enacted by Stats. 1937, Ch. 90. )

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    In certain Section 1102.5 retaliation proceedings, the employer must prove the action would have happened for legitimate, independent reasons.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5. Political Affiliations [1101 - 1106] ( Chapter 5 enacted by Stats. 1937, Ch. 90. ) ## 1102.6. In a civil action or administrative proceeding brought pursuant to Section 1102.5, once it has been demonstrated by a preponderance of the evidence that an activity proscribed by Section 1102.5 was a contributing factor in the alleged prohibited action against the employee, the employer shall have the burden of proof to demonstrate by clear and convincing evidence that the alleged action would have occurred for legitimate, independent reasons even if the employee had not engaged in activities protected by Section 1102.5. (Added by Stats. 2003, Ch. 484, Sec. 3. Effective January 1, 2004.)
  96. 1102.61.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5. Political Affiliations [1101 - 1106] ( Chapter 5 enacted by Stats. 1937, Ch. 90. )

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    An employee involved in a Section 1102.5 civil or administrative proceeding may ask the superior court for temporary or preliminary injunctive relief.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5. Political Affiliations [1101 - 1106] ( Chapter 5 enacted by Stats. 1937, Ch. 90. ) ## 1102.61. In any civil action or administrative proceeding brought pursuant to Section 1102.5, an employee may petition the superior court in any county wherein the violation in question is alleged to have occurred, or wherein the person resides or transacts business, for appropriate temporary or preliminary injunctive relief as set forth in Section 1102.62. (Added by Stats. 2017, Ch. 460, Sec. 3. (SB 306) Effective January 1, 2018.)
  97. 1102.62.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5. Political Affiliations [1101 - 1106] ( Chapter 5 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    The court may issue temporary injunctive relief after notice is served and a reasonable-cause showing is made, but the relief cannot bar unrelated employer discipline or termination and is not stayed pending appeal.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5. Political Affiliations [1101 - 1106] ( Chapter 5 enacted by Stats. 1937, Ch. 90. ) ## 1102.62. (a) Upon the filing of the petition for injunctive relief, the petitioner shall cause notice thereof to be served upon the person, and thereupon the court shall have jurisdiction to grant such temporary injunctive relief as the court deems just and proper. (b) In addition to any harm resulting directly from the violation of Section 1102.5, the court shall consider the chilling effect on other employees asserting their rights under that section in determining whether temporary injunctive relief is just and proper. (c) Appropriate injunctive relief shall be issued on a showing that reasonable cause exists to believe a violation has occurred. (d) The order authorizing temporary injunctive relief shall remain in effect until an administrative or judicial determination or citation has been issued or until the completion of a review pursuant to subdivision (b) of Section 98.74, whichever is longer, or at a time certain set by the court. Thereafter, a preliminary or permanent injunction may be issued if it is shown to be just and proper. Any temporary injunctive relief shall not prohibit an employer from disciplining or terminating an employee for conduct that is unrelated to the claim of the retaliation. (e) Notwithstanding Section 916 of the Code of Civil Procedure, injunctive relief granted pursuant to this section shall not be stayed pending appeal. (Added by Stats. 2017, Ch. 460, Sec. 4. (SB 306) Effective January 1, 2018.)
  98. 1102.7.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5. Political Affiliations [1101 - 1106] ( Chapter 5 enacted by Stats. 1937, Ch. 90. )

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    The Attorney General must maintain a whistleblower hotline, refer calls to the appropriate authority, and keep hotline information confidential during initial review.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5. Political Affiliations [1101 - 1106] ( Chapter 5 enacted by Stats. 1937, Ch. 90. ) ## 1102.7. (a) The office of the Attorney General shall maintain a whistleblower hotline to receive calls from persons who have information regarding possible violations of state or federal statutes, rules, or regulations, or violations of fiduciary responsibility by a corporation or limited liability company to its shareholders, investors, or employees. (b) The Attorney General shall refer calls received on the whistleblower hotline to the appropriate government authority for review and possible investigation. (c) During the initial review of a call received pursuant to subdivision (a), the Attorney General or appropriate government agency shall hold in confidence information disclosed through the whistleblower hotline, including the identity of the caller disclosing the information and the employer identified by the caller. (d) A call made to the whistleblower hotline pursuant to subdivision (a) or its referral to an appropriate agency under subdivision (b) may not be the sole basis for a time period under a statute of limitation to commence. This section does not change existing law relating to statutes of limitation. (Added by Stats. 2003, Ch. 484, Sec. 4. Effective January 1, 2004.)
  99. 1102.8.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5. Political Affiliations [1101 - 1106] ( Chapter 5 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    Employers must post a whistleblower rights-and-responsibilities list in large type, and they are compliant if they post the model list or, for certain state agencies, a qualifying notice that includes the whistleblower hotline number.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5. Political Affiliations [1101 - 1106] ( Chapter 5 enacted by Stats. 1937, Ch. 90. ) ## 1102.8. (a) An employer shall prominently display in lettering larger than size 14 point type a list of employees’ rights and responsibilities under the whistleblower laws, including the telephone number of the whistleblower hotline described in Section 1102.7. (b) An employer shall be deemed in compliance with the posting requirement set forth in subdivision (a) if the employer posts the model list described in Section 98.11. (c) A state agency required to post a notice pursuant to Section 8548.2 of the Government Code or subdivision (b) of Section 6128 of the Penal Code shall be deemed in compliance with the posting requirement set forth in subdivision (a) if the notice posted pursuant to Section 8548.2 of the Government Code or subdivision (b) of Section 6128 of the Penal Code also contains the whistleblower hotline number described in Section 1102.7. (Amended by Stats. 2024, Ch. 105, Sec. 2. (AB 2299) Effective January 1, 2025.)
  100. 1103.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5. Political Affiliations [1101 - 1106] ( Chapter 5 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    An employer or other person or entity that violates this chapter commits a misdemeanor and may face jail or fines.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5. Political Affiliations [1101 - 1106] ( Chapter 5 enacted by Stats. 1937, Ch. 90. ) ## 1103. An employer or any other person or entity that violates this chapter is guilty of a misdemeanor punishable, in the case of an individual, by imprisonment in the county jail not to exceed one year or a fine not to exceed one thousand dollars ($1,000) or both that fine and imprisonment, or, in the case of a corporation, by a fine not to exceed five thousand dollars ($5,000). (Amended by Stats. 2013, Ch. 732, Sec. 7. (AB 263) Effective January 1, 2014.)
  101. 1104.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5. Political Affiliations [1101 - 1106] ( Chapter 5 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    In prosecutions under this chapter, the employer is responsible for the acts of managers, officers, agents, and employees.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5. Political Affiliations [1101 - 1106] ( Chapter 5 enacted by Stats. 1937, Ch. 90. ) ## 1104. In all prosecutions under this chapter, the employer is responsible for the acts of his managers, officers, agents, and employees. (Enacted by Stats. 1937, Ch. 90.)
  102. 1105.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5. Political Affiliations [1101 - 1106] ( Chapter 5 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    An injured employee may recover damages from the employer for injury caused by a violation of this chapter.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5. Political Affiliations [1101 - 1106] ( Chapter 5 enacted by Stats. 1937, Ch. 90. ) ## 1105. Nothing in this chapter shall prevent the injured employee from recovering damages from his employer for injury suffered through a violation of this chapter. (Enacted by Stats. 1937, Ch. 90.)
  103. 1106.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5. Political Affiliations [1101 - 1106] ( Chapter 5 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    This section defines “employee” broadly for certain Labor Code sections to include people employed by state and local public entities, including schools and the University of California.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5. Political Affiliations [1101 - 1106] ( Chapter 5 enacted by Stats. 1937, Ch. 90. ) ## 1106. For purposes of Sections 1102.5, 1102.6, 1102.7, 1102.8, 1104, and 1105, “employee” includes, but is not limited to, any individual employed by the state or any subdivision thereof, any county, city, city and county, including any charter city or county, and any school district, community college district, municipal or public corporation, political subdivision, or the University of California. (Amended by Stats. 2003, Ch. 484, Sec. 7. Effective January 1, 2004.)
  104. 1107.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5.1. Whistleblower Protections: Catastrophic Risks in AI Foundation Models [1107 - 1107.2] ( Chapter 5.1 added by Stats. 2025, Ch. 138, Sec. 4. )

    Verify source ↗

    This section defines key terms for the chapter, including catastrophic risk, covered employee, critical safety incident, foundation model, frontier developer, and large frontier developer.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5.1. Whistleblower Protections: Catastrophic Risks in AI Foundation Models [1107 - 1107.2] ( Chapter 5.1 added by Stats. 2025, Ch. 138, Sec. 4. ) ## 1107. For purposes of this chapter: (a) (1) “Catastrophic risk” means a foreseeable and material risk that a frontier developer’s development, storage, use, or deployment of a foundation model will materially contribute to the death of, or serious injury to, more than 50 people or more than one billion dollars ($1,000,000,000) in damage to, or loss of, property arising from a single incident involving a foundation model doing any of the following: (A) Providing expert-level assistance in the creation or release of a chemical, biological, radiological, or nuclear weapon. (B) Engaging in conduct with no meaningful human oversight, intervention, or supervision that is either a cyberattack or, if committed by a human, would constitute the crime of murder, assault, extortion, or theft, including theft by false pretense. (C) Evading the control of its frontier developer or user. (2) “Catastrophic risk” does not include a foreseeable and material risk from any of the following: (A) Information that a foundation model outputs if the information is otherwise publicly accessible in a substantially similar form from a source other than a foundation model. (B) Lawful activity of the federal government. (C) Harm caused by a foundation model in combination with other software where the foundation model did not materially contribute to the harm. (b) “Covered employee” means an employee responsible for assessing, managing, or addressing risk of critical safety incidents. (c) “Critical safety incident” means any of the following: (1) Unauthorized access to, modification of, or exfiltration of the model weights of a foundation model that results in death, bodily injury, or damage to, or loss of, property. (2) Harm resulting from the materialization of a catastrophic risk. (3) Loss of control of a foundation model causing death or bodily injury. (4) A foundation model that uses deceptive techniques against the frontier developer to subvert the controls or monitoring of its frontier developer outside of the context of an evaluation designed to elicit this behavior and in a manner that demonstrates materially increased catastrophic risk. (d) “Foundation model” has the meaning defined in Section 22757.11 of the Business and Professions Code. (e) “Frontier developer” has the meaning defined in Section 22757.11 of the Business and Professions Code. (f) “Large frontier developer” has the meaning defined in Section 22757.11 of the Business and Professions Code. (Added by Stats. 2025, Ch. 138, Sec. 4. (SB 53) Effective January 1, 2026.)
  105. 1107.1.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5.1. Whistleblower Protections: Catastrophic Risks in AI Foundation Models [1107 - 1107.2] ( Chapter 5.1 added by Stats. 2025, Ch. 138, Sec. 4. )

    Verify source ↗

    Frontier developers must not block or retaliate against certain covered-employee disclosures, and they must give notice and, for large frontier developers, maintain an anonymous internal reporting process.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5.1. Whistleblower Protections: Catastrophic Risks in AI Foundation Models [1107 - 1107.2] ( Chapter 5.1 added by Stats. 2025, Ch. 138, Sec. 4. ) ## 1107.1. (a) A frontier developer shall not make, adopt, enforce, or enter into a rule, regulation, policy, or contract that prevents a covered employee from disclosing, or retaliates against a covered employee for disclosing, information to the Attorney General, a federal authority, a person with authority over the covered employee, or another covered employee who has authority to investigate, discover, or correct the reported issue, if the covered employee has reasonable cause to believe that the information discloses either of the following: (1) The frontier developer’s activities pose a specific and substantial danger to the public health or safety resulting from a catastrophic risk. (2) The frontier developer has violated Chapter 25.1 (commencing with Section 22757.10) of Division 8 of the Business and Professions Code. (b) A frontier developer shall not enter into a contract that prevents a covered employee from making a disclosure protected under Section 1102.5. (c) A covered employee may use the hotline described in Section 1102.7 to make reports described in subdivision (a). (d) A frontier developer shall provide a clear notice to all covered employees of their rights and responsibilities under this section, including by doing either of the following: (1) At all times posting and displaying within any workplace maintained by the frontier developer a notice to all covered employees of their rights under this section, ensuring that any new covered employee receives equivalent notice, and ensuring that any covered employee who works remotely periodically receives an equivalent notice. (2) At least once each year, providing written notice to each covered employee of the covered employee’s rights under this section and ensuring that the notice is received and acknowledged by all of those covered employees. (e) (1) A large frontier developer shall provide a reasonable internal process through which a covered employee may anonymously disclose information to the large frontier developer if the covered employee believes in good faith that the information indicates that the large frontier developer’s activities present a specific and substantial danger to the public health or safety resulting from a catastrophic risk or that the large frontier developer violated Chapter 25.1 (commencing with Section 22757.10) of Division 8 of the Business and Professions Code, including a monthly update to the person who made the disclosure regarding the status of the large frontier developer’s investigation of the disclosure and the actions taken by the large frontier developer in response to the disclosure. (2) (A) Except as provided in subparagraph (B), the disclosures and responses of the process required by this subdivision shall be shared with officers and directors of the large frontier developer at least once each quarter. (B) If a covered employee has alleged wrongdoing by an officer or director of the large frontier developer in a disclosure or response, subparagraph (A) shall not apply with respect to that officer or director. (f) The court is authorized to award reasonable attorney’s fees to a plaintiff who brings a successful action for a violation of this section. (g) In a civil action brought pursuant to this section, once it has been demonstrated by a preponderance of the evidence that an activity proscribed by this section was a contributing factor in the alleged prohibited action against the covered employee, the frontier developer shall have the burden of proof to demonstrate by clear and convincing evidence that the alleged action would have occurred for legitimate, independent reasons even if the covered employee had not engaged in activities protected by this section. (h) (1) In a civil action or administrative proceeding brought pursuant to this section, a covered employee may petition the superior court in any county wherein the violation in question is alleged to have occurred, or wherein the person resides or transacts business, for appropriate temporary or preliminary injunctive relief. (2) Upon the filing of the petition for injunctive relief, the petitioner shall cause notice thereof to be served upon the person, and thereupon the court shall have jurisdiction to grant temporary injunctive relief as the court deems just and proper. (3) In addition to any harm resulting directly from a violation of this section, the court shall consider the chilling effect on other covered employees asserting their rights under this section in determining whether temporary injunctive relief is just and proper. (4) Appropriate injunctive relief shall be issued on a showing that reasonable cause exists to believe a violation has occurred. (5) An order authorizing temporary injunctive relief shall remain in effect until an administrative or judicial determination or citation has been issued, or until the completion of a review pursuant to subdivision (b) of Section 98.74, whichever is longer, or at a certain time set by the court. Thereafter, a preliminary or permanent injunction may be issued if it is shown to be just and proper. Any temporary injunctive relief shall not prohibit a frontier developer from disciplining or terminating a covered employee for conduct that is unrelated to the claim of the retaliation. (i) Notwithstanding Section 916 of the Code of Civil Procedure, injunctive relief granted pursuant to this section shall not be stayed pending appeal. (j) (1) This section does not impair or limit the applicability of Section 1102.5, including with respect to the rights of employees who are not covered employees to report violations of this chapter or Chapter 25.1 (commencing with Section 22757.10) of Division 8 of the Business and Professions Code. (2) The remedies provided by this section are cumulative to each other and the remedies or penalties available under all other laws of this state. (Added by Stats. 2025, Ch. 138, Sec. 4. (SB 53) Effective January 1, 2026.)
  106. 1107.2.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5.1. Whistleblower Protections: Catastrophic Risks in AI Foundation Models [1107 - 1107.2] ( Chapter 5.1 added by Stats. 2025, Ch. 138, Sec. 4. )

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    For this chapter, a loss in equity value is not treated as damage to or loss of property.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5.1. Whistleblower Protections: Catastrophic Risks in AI Foundation Models [1107 - 1107.2] ( Chapter 5.1 added by Stats. 2025, Ch. 138, Sec. 4. ) ## 1107.2. The loss of value of equity does not count as damage to or loss of property for the purposes of this chapter. (Added by Stats. 2025, Ch. 138, Sec. 4. (SB 53) Effective January 1, 2026.)
  107. 111.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5. Division of Workers’ Compensation [110 - 139.6] ( Heading of Chapter 5 amended by Stats. 2002, Ch. 6, Sec. 23.5. )

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    The Workers’ Compensation Appeals Board must exercise its judicial powers, and the administrative director controls the Division of Workers’ Compensation except for powers specifically given to the board.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5. Division of Workers’ Compensation [110 - 139.6] ( Heading of Chapter 5 amended by Stats. 2002, Ch. 6, Sec. 23.5. ) ## 111. The Workers’ Compensation Appeals Board, consisting of seven members, shall exercise all judicial powers vested in it under this code. In all other respects, the Division of Workers’ Compensation is under the control of the administrative director and, except as to those duties, powers, jurisdiction, responsibilities, and purposes as are specifically vested in the appeals board, the administrative director shall exercise the powers of the head of a department within the meaning of Article 1 (commencing with Section 11150) of Chapter 2 of Part 1 of Division 3 of Title 2 of the Government Code with respect to the Division of Workers’ Compensation which shall include supervision of, and responsibility for, personnel, and the coordination of the work of the division, except personnel of the appeals board. (Amended by Stats. 2012, Ch. 728, Sec. 117. (SB 71) Effective January 1, 2013.)
  108. 1110.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 6. Agreements in Connection With Trade Disputes [1110- 1110.] ( Chapter 6 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    Agreements between two or more people to act, or refrain from acting, in furtherance of a trade dispute are criminal if the same act by one person would not be a crime.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 6. Agreements in Connection With Trade Disputes [1110- 1110.] ( Chapter 6 enacted by Stats. 1937, Ch. 90. ) ## 1110. No agreement, combination, or contract, by or between two or more persons to do or procure to be done, or not to do or procure not to be done, any act in contemplation or furtherance of any trade dispute between employers and employees in the State is criminal, if the same act committed by one person would not be punishable as a crime. This chapter does not authorize violence, or threats thereof. (Enacted by Stats. 1937, Ch. 90.)
  109. 1115.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 7. Jurisdictional Strikes [1115 - 1122] ( Chapter 7 added by Stats. 1947, Ch. 1388. )

    Verify source ↗

    A jurisdictional strike is declared unlawful in California.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 7. Jurisdictional Strikes [1115 - 1122] ( Chapter 7 added by Stats. 1947, Ch. 1388. ) ## 1115. A jurisdictional strike as herein defined is hereby declared to be against the public policy of the State of California and is hereby declared to be unlawful. (Added by Stats. 1947, Ch. 1388.)
  110. 1116.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 7. Jurisdictional Strikes [1115 - 1122] ( Chapter 7 added by Stats. 1947, Ch. 1388. )

    Verify source ↗

    A person injured or threatened with injury by a violation may seek injunctive relief and recover resulting damages in a court with jurisdiction.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 7. Jurisdictional Strikes [1115 - 1122] ( Chapter 7 added by Stats. 1947, Ch. 1388. ) ## 1116. Any person injured or threatened with injury by violation of any of the provisions hereof shall be entitled to injunctive relief therefrom in a proper case, and to recover any damages resulting therefrom in any court of competent jurisdiction. (Added by Stats. 1947, Ch. 1388.)
  111. 1117.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 7. Jurisdictional Strikes [1115 - 1122] ( Chapter 7 added by Stats. 1947, Ch. 1388. )

    Verify source ↗

    This section defines “labor organization” and “person,” and puts the burden on the plaintiff to prove that a labor organization exists under this chapter.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 7. Jurisdictional Strikes [1115 - 1122] ( Chapter 7 added by Stats. 1947, Ch. 1388. ) ## 1117. As used herein, “labor organization” means any organization or any agency or employee representation committee or any local unit thereof in which employees participate, and exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, hours of employment or conditions of work, which labor organization is not found to be or to have been financed in whole or in part, interfered with, dominated or controlled by the employer or any employer association within one year of the commencement of any proceeding brought under this chapter. The plaintiff shall have the affirmative of the issue with respect to establishing the existence of a “labor organization” as defined herein. As used herein, “person” means any person, association, organization, partnership, corporation, limited liability company, unincorporated association, or labor organization. (Amended by Stats. 1994, Ch. 1010, Sec. 179. Effective January 1, 1995.)
  112. 1118.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 7. Jurisdictional Strikes [1115 - 1122] ( Chapter 7 added by Stats. 1947, Ch. 1388. )

    Verify source ↗

    This section defines “jurisdictional strike.”

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 7. Jurisdictional Strikes [1115 - 1122] ( Chapter 7 added by Stats. 1947, Ch. 1388. ) ## 1118. As used in this chapter, “jurisdictional strike” means a concerted refusal to perform work for an employer or any other concerted interference with an employer’s operation or business, arising out of a controversy between two or more labor organizations as to which of them has or should have the exclusive right to bargain collectively with an employer on behalf of his employees or any of them, or arising out of a controversy between two or more labor organizations as to which of them has or should have the exclusive right to have its members perform work for an employer. (Added by Stats. 1947, Ch. 1388.)
  113. 1119.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 7. Jurisdictional Strikes [1115 - 1122] ( Chapter 7 added by Stats. 1947, Ch. 1388. )

    Verify source ↗

    This section says the chapter should not be read to stop individuals from joining or staying in a labor organization, or from personally asking others to join.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 7. Jurisdictional Strikes [1115 - 1122] ( Chapter 7 added by Stats. 1947, Ch. 1388. ) ## 1119. Nothing in this chapter shall be construed to interfere with collective bargaining subject to the prohibitions herein set forth, nor to prohibit any individual voluntarily becoming or remaining a member of a labor organization, or from personally requesting any other individual to join a labor organization. (Added by Stats. 1947, Ch. 1388.)
  114. 112.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5. Division of Workers’ Compensation [110 - 139.6] ( Heading of Chapter 5 amended by Stats. 2002, Ch. 6, Sec. 23.5. )

    Verify source ↗

    The Governor appoints appeals board members with Senate consent, and members have set term lengths and salary rights.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5. Division of Workers’ Compensation [110 - 139.6] ( Heading of Chapter 5 amended by Stats. 2002, Ch. 6, Sec. 23.5. ) ## 112. The members of the appeals board shall be appointed by the Governor with the advice and consent of the Senate. The term of office of the members appointed prior to January 1, 1990, shall be four years, and the term of office of members appointed on or after January 1, 1990, shall be six years and they shall hold office until the appointment and qualification of their successors. Five of the members of the appeals board shall be experienced attorneys at law admitted to practice in the State of California. The other two members need not be attorneys at law. All members shall be selected with due consideration of their judicial temperament and abilities. Each member shall receive the salary provided for by Chapter 6 (commencing with Section 11550) of Part 1 of Division 3 of Title 2 of the Government Code. (Amended by Stats. 1990, Ch. 1550, Sec. 8.5.)
  115. 1120.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 7. Jurisdictional Strikes [1115 - 1122] ( Chapter 7 added by Stats. 1947, Ch. 1388. )

    Verify source ↗

    If part of this chapter is held invalid, the rest of the chapter still remains in effect.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 7. Jurisdictional Strikes [1115 - 1122] ( Chapter 7 added by Stats. 1947, Ch. 1388. ) ## 1120. If any provision of this chapter or the application of such provision to any person or circumstance shall be held invalid, the remainder of this chapter or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. (Added by Stats. 1947, Ch. 1388.)
  116. 1122.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 7. Jurisdictional Strikes [1115 - 1122] ( Chapter 7 added by Stats. 1947, Ch. 1388. )

    Verify source ↗

    A person who organizes an employer-financed, employer-dominated, or employer-controlled employee group, and the employer or employer association involved, can be sued by an injured person.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 7. Jurisdictional Strikes [1115 - 1122] ( Chapter 7 added by Stats. 1947, Ch. 1388. ) ## 1122. Any person who organizes an employee group which is financed in whole or in part, interfered with or dominated or controlled by the employer or any employer association, as well as such employer or employer association, shall be liable to suit by any person who is injured thereby. Said injured party shall recover the damages sustained by him and the costs of suit. (Added by Stats. 1955, Ch. 1417.)
  117. 1126.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 7.5. Collective Bargaining Agreements [1126 - 1128] ( Chapter 7.5 added by Stats. 1941, Ch. 1188. )

    Verify source ↗

    Collective bargaining agreements between an employer and a labor organization are legally enforceable, and breaches can be remedied like other contracts, including through injunctive relief.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 7.5. Collective Bargaining Agreements [1126 - 1128] ( Chapter 7.5 added by Stats. 1941, Ch. 1188. ) ## 1126. Any collective bargaining agreement between an employer and a labor organization shall be enforceable at law or in equity, and a breach of such collective bargaining agreement by any party thereto shall be subject to the same remedies, including injunctive relief, as are available on other contracts in the courts of this State. (Added by Stats. 1941, Ch. 1188.)
  118. 1127.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 7.5. Collective Bargaining Agreements [1126 - 1128] ( Chapter 7.5 added by Stats. 1941, Ch. 1188. )

    Verify source ↗

    A seller-employer with a collective bargaining agreement containing a successor clause must disclose that agreement and clause to any successor employer.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 7.5. Collective Bargaining Agreements [1126 - 1128] ( Chapter 7.5 added by Stats. 1941, Ch. 1188. ) ## 1127. (a) Where a collective bargaining agreement between an employer and a labor organization contains a successor clause, such clause shall be binding upon and enforceable against any successor employer who succeeds to the contracting employer’s business until the expiration date of the agreement stated in the agreement. No such successor clause shall be binding upon or enforceable against any successor employer for more than three years from the effective date of the collective bargaining agreement between the contracting employer and the labor organization. (b) As used in this section, “successor employer” means any purchaser, assignee, or transferee of a business the employees of which are subject to a collective bargaining agreement, if such purchaser, assignee, or transferee conducts or will conduct substantially the same business operation, or offer the same service, and use the same physical facilities, as the contracting employer. (c) This section shall not apply to a receiver or trustee in bankruptcy of any contracting employer who has gone into receivership or bankruptcy, or to any employer who acquires a business from a receiver or trustee in bankruptcy, or to any employer which is a public entity, or to any employer who is subject to the National Labor Relations Act, Agricultural Labor Relations Act of 1975, or the Railway Labor Act. (d) An employer who is a party to a collective bargaining agreement containing a successor clause has the affirmative duty to disclose the existence of such agreement and such clause to any successor employer. Such disclosure requirement shall be satisfied by including in any contract of sale, agreement to purchase, or any similar instrument of conveyance, a statement that the successor employer is bound by such successor clause as provided for in the collective bargaining agreement. (Added by Stats. 1976, Ch. 1057.)
  119. 1128.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 7.5. Collective Bargaining Agreements [1126 - 1128] ( Chapter 7.5 added by Stats. 1941, Ch. 1188. )

    Verify source ↗

    Courts must award attorney’s fees in certain collective-bargaining disputes, unless the opposing party raises specified substantial issues; the section does not apply to public employment.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 7.5. Collective Bargaining Agreements [1126 - 1128] ( Chapter 7.5 added by Stats. 1941, Ch. 1188. ) ## 1128. (a) Where a party to a collective bargaining agreement prevails in a court action to compel arbitration of disputes concerning the collective bargaining agreement, the court shall award attorney’s fees to the prevailing party unless the other party has raised substantial and credible issues involving complex or significant questions of law or fact regarding whether or not the dispute is arbitrable under the agreement. If the dispute is later found to be not arbitrable under the collective bargaining agreement, any award made pursuant to this subdivision shall be vacated and those sums paid to satisfy the award shall be reimbursed to the payor. (b) Where a party to a collective bargaining agreement appeals the decision of an arbitrator regarding disputes concerning the collective bargaining agreement, the court shall award attorney’s fees to the prevailing appellee unless the appellant has raised substantial issues involving complex or significant questions of law. (c) Where a party to a collective bargaining agreement prevails in a court action to compel compliance with the decision or award of an arbitrator or a grievance panel regarding disputes concerning the collective bargaining agreement, the court shall award attorney’s fees to the prevailing party unless the other party has raised substantial issues involving complex or significant questions of law. (d) This section shall not apply to public employment. (Amended by Stats. 1986, Ch. 1211, Sec. 2.)
  120. 113.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5. Division of Workers’ Compensation [110 - 139.6] ( Heading of Chapter 5 amended by Stats. 2002, Ch. 6, Sec. 23.5. )

    Verify source ↗

    The Governor must appoint the appeals board chairman from among the board members. The chairman serves at the Governor’s pleasure and may name another board member to act as chairman when absent for official business, vacation, or illness.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5. Division of Workers’ Compensation [110 - 139.6] ( Heading of Chapter 5 amended by Stats. 2002, Ch. 6, Sec. 23.5. ) ## 113. The Governor shall designate the chairman of the appeals board from the membership of the appeals board. The person so designated shall hold the office of chairman at the pleasure of the Governor. The chairman may designate in writing one of the other members of the appeals board to act as chairman during such time as he may be absent from the state on official business, on vacation, or absent due to illness. (Repealed and added by Stats. 1965, Ch. 1513.)
  121. 1130.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 8. Professional Strikebreakers [1130 - 1136.2] ( Chapter 8 repealed and added by Stats. 1976, Ch. 1079. ) ## ARTICLE 1. Findings and Declarations [1130- 1130.] ( Article 1 added by Stats. 1976, Ch. 1079. )

    Verify source ↗

    The Legislature finds that using professional strikebreakers during strikes or lockouts harms labor relations and the public welfare.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 8. Professional Strikebreakers [1130 - 1136.2] ( Chapter 8 repealed and added by Stats. 1976, Ch. 1079. ) ## ARTICLE 1. Findings and Declarations [1130- 1130.] ( Article 1 added by Stats. 1976, Ch. 1079. ) ## 1130. The Legislature hereby makes the following findings and declarations: Relations between organized labor and management in this state have for many years been marked by a mature adherence to the principles of good faith, collective bargaining and mutual respect for the rights, interest and well-being of working people, business and industry. The importation or use in this state of professional strikebreakers as replacements during a strike or lockout endangers such sound and beneficial relations between labor and management. Experience in this state and in other parts of this country demonstrates that the utilization of professional strikebreakers in labor disputes is inimical to the public welfare and good order, in that such practices tend to produce and prolong industrial strife, frustrate collective bargaining and encourage violence, crimes and other disorders. The aforementioned evils are beyond the regulation of applicable federal law, and the mitigation and correction thereof requires the exercise of the police power of this state. (Added by Stats. 1976, Ch. 1079.)
  122. 1132.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 8. Professional Strikebreakers [1130 - 1136.2] ( Chapter 8 repealed and added by Stats. 1976, Ch. 1079. ) ## ARTICLE 2. Definitions [1132 - 1133] ( Article 2 added by Stats. 1976, Ch. 1079. )

    Verify source ↗

    This article’s definitions apply to how this chapter is read, unless the chapter says otherwise.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 8. Professional Strikebreakers [1130 - 1136.2] ( Chapter 8 repealed and added by Stats. 1976, Ch. 1079. ) ## ARTICLE 2. Definitions [1132 - 1133] ( Article 2 added by Stats. 1976, Ch. 1079. ) ## 1132. Unless provided otherwise, the definitions in this article govern the construction of this chapter. (Added by Stats. 1976, Ch. 1079.)
  123. 1132.2.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 8. Professional Strikebreakers [1130 - 1136.2] ( Chapter 8 repealed and added by Stats. 1976, Ch. 1079. ) ## ARTICLE 2. Definitions [1132 - 1133] ( Article 2 added by Stats. 1976, Ch. 1079. )

    Verify source ↗

    This section defines “employer” for this part of the Labor Code.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 8. Professional Strikebreakers [1130 - 1136.2] ( Chapter 8 repealed and added by Stats. 1976, Ch. 1079. ) ## ARTICLE 2. Definitions [1132 - 1133] ( Article 2 added by Stats. 1976, Ch. 1079. ) ## 1132.2. “Employer” means a person, partnership, firm, corporation, association, or other entity, which employs any person or persons to perform services for a wage or salary, and includes any person, partnership, firm, corporation, limited liability company, association or other entity acting as an agent of an employer, directly or indirectly. (Amended by Stats. 1994, Ch. 1010, Sec. 180. Effective January 1, 1995.)
  124. 1132.4.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 8. Professional Strikebreakers [1130 - 1136.2] ( Chapter 8 repealed and added by Stats. 1976, Ch. 1079. ) ## ARTICLE 2. Definitions [1132 - 1133] ( Article 2 added by Stats. 1976, Ch. 1079. )

    Verify source ↗

    This section defines “employee” as a person who performs services for wages or salary under an express or implied employment contract for an employer.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 8. Professional Strikebreakers [1130 - 1136.2] ( Chapter 8 repealed and added by Stats. 1976, Ch. 1079. ) ## ARTICLE 2. Definitions [1132 - 1133] ( Article 2 added by Stats. 1976, Ch. 1079. ) ## 1132.4. “Employee” means any person who performs services for wages or salary under a contract of employment, express or implied, for an employer. (Added by Stats. 1976, Ch. 1079.)
  125. 1132.6.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 8. Professional Strikebreakers [1130 - 1136.2] ( Chapter 8 repealed and added by Stats. 1976, Ch. 1079. ) ## ARTICLE 2. Definitions [1132 - 1133] ( Article 2 added by Stats. 1976, Ch. 1079. )

    Verify source ↗

    This section defines “strike” for this code section.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 8. Professional Strikebreakers [1130 - 1136.2] ( Chapter 8 repealed and added by Stats. 1976, Ch. 1079. ) ## ARTICLE 2. Definitions [1132 - 1133] ( Article 2 added by Stats. 1976, Ch. 1079. ) ## 1132.6. “Strike” means any concerted act of more than 50 percent of the bargaining unit employees in a lawful refusal of such employees under applicable state or federal law to perform work or services for an employer, other than work stoppages based on conflicting union jurisdictions or work stoppages unauthorized by the proper union governing body. (Added by Stats. 1976, Ch. 1079.)
  126. 1132.8.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 8. Professional Strikebreakers [1130 - 1136.2] ( Chapter 8 repealed and added by Stats. 1976, Ch. 1079. ) ## ARTICLE 2. Definitions [1132 - 1133] ( Article 2 added by Stats. 1976, Ch. 1079. )

    Verify source ↗

    This section defines “lockout” as an employer refusing to let five or more employees work because of a dispute over wages, hours, or other employment terms.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 8. Professional Strikebreakers [1130 - 1136.2] ( Chapter 8 repealed and added by Stats. 1976, Ch. 1079. ) ## ARTICLE 2. Definitions [1132 - 1133] ( Article 2 added by Stats. 1976, Ch. 1079. ) ## 1132.8. “Lockout” means any refusal by an employer to permit any group of five or more employees to work as a result of a dispute with such employees affecting wages, hours or other terms or conditions of employment of such employees. (Added by Stats. 1976, Ch. 1079.)
  127. 1133.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 8. Professional Strikebreakers [1130 - 1136.2] ( Chapter 8 repealed and added by Stats. 1976, Ch. 1079. ) ## ARTICLE 2. Definitions [1132 - 1133] ( Article 2 added by Stats. 1976, Ch. 1079. )

    Verify source ↗

    This section defines “professional strikebreaker” and related terms such as “repeated occasions,” “employment for the duration of such strike or lockout,” “employment,” and “supervisorial personnel.”

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 8. Professional Strikebreakers [1130 - 1136.2] ( Chapter 8 repealed and added by Stats. 1976, Ch. 1079. ) ## ARTICLE 2. Definitions [1132 - 1133] ( Article 2 added by Stats. 1976, Ch. 1079. ) ## 1133. “Professional strikebreaker” means any person other than supervisorial personnel who have been in the employ of the employer before the commencement of the strike or lockout or members of the immediate family of the owner of the place of business: (1) Who during a period of five years immediately preceding the acts described in subdivision (2) of this section has offered himself and has been accepted on repeated occasions to two or more employers at whose places of business a strike or lockout was currently in progress, for employment for the duration of such strike or lockout for the purpose of replacing an employee or employees involved in such strike or lockout, and (2) Who currently offers himself to an employer at whose place of business a strike or lockout is presently in progress for employment for the purpose of replacing an employee or employees involved in such strike or lockout. As used in this section: (a) “Repeated occasions” means on three or more occasions (exclusive of any current offer for employment in connection with a current strike or lockout). (b) “Employment for the duration of such strike or lockout” includes employment for all or part of the duration of such strike or lockout; and, in connection therewith, includes services during all or part of such strike or lockout which began no more than one month prior to the initiation thereof, or, in the alternative, which concluded not later than one month after the termination of such strike or lockout. (c) “Employment” means services for an employer, whether compensated by wages, salary, or any other consideration not limited to the foregoing and whether secured, arranged or paid for by an employer or any other person, partnership, firm, corporation, association or other entity. (d) “Supervisorial personnel” means those employees who have the authority to hire, fire, reward, or discipline other employees of the employer, or who have a history of having had the authority to effectively recommend such action. (Added by Stats. 1976, Ch. 1079.)
  128. 1134.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 8. Professional Strikebreakers [1130 - 1136.2] ( Chapter 8 repealed and added by Stats. 1976, Ch. 1079. ) ## ARTICLE 3. Professional Strikebreakers [1134 - 1134.2] ( Article 3 added by Stats. 1976, Ch. 1079. )

    Verify source ↗

    An employer must not knowingly and willingly use a professional strikebreaker to replace employees involved in a strike or lockout at a business location in this state.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 8. Professional Strikebreakers [1130 - 1136.2] ( Chapter 8 repealed and added by Stats. 1976, Ch. 1079. ) ## ARTICLE 3. Professional Strikebreakers [1134 - 1134.2] ( Article 3 added by Stats. 1976, Ch. 1079. ) ## 1134. It shall be unlawful for any employer willingly and knowingly to utilize any professional strikebreaker to replace an employee or employees involved in a strike or lockout at a place of business located within this state. (Added by Stats. 1976, Ch. 1079.)
  129. 1134.2.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 8. Professional Strikebreakers [1130 - 1136.2] ( Chapter 8 repealed and added by Stats. 1976, Ch. 1079. ) ## ARTICLE 3. Professional Strikebreakers [1134 - 1134.2] ( Article 3 added by Stats. 1976, Ch. 1079. )

    Verify source ↗

    A professional strikebreaker may not knowingly and willingly offer himself for employment or replace employees involved in a strike or lockout at a business in this state.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 8. Professional Strikebreakers [1130 - 1136.2] ( Chapter 8 repealed and added by Stats. 1976, Ch. 1079. ) ## ARTICLE 3. Professional Strikebreakers [1134 - 1134.2] ( Article 3 added by Stats. 1976, Ch. 1079. ) ## 1134.2. It shall be unlawful for any professional strikebreaker willingly and knowingly to offer himself for employment or to replace an employee or employees involved in a strike or lockout at a place of business located within this state. (Added by Stats. 1976, Ch. 1079.)
  130. 1136.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 8. Professional Strikebreakers [1130 - 1136.2] ( Chapter 8 repealed and added by Stats. 1976, Ch. 1079. ) ## ARTICLE 4. Miscellaneous [1136 - 1136.2] ( Article 4 added by Stats. 1976, Ch. 1079. )

    Verify source ↗

    Anyone who violates this chapter may be fined up to $1,000, jailed up to 90 days, or both.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 8. Professional Strikebreakers [1130 - 1136.2] ( Chapter 8 repealed and added by Stats. 1976, Ch. 1079. ) ## ARTICLE 4. Miscellaneous [1136 - 1136.2] ( Article 4 added by Stats. 1976, Ch. 1079. ) ## 1136. Any person, partnership, firm, corporation, association or other entity, or officer or agent thereof, who shall violate any of the provisions of this chapter shall upon conviction thereof be subject to a fine not to exceed one thousand dollars ($1,000), or imprisonment for a period not to exceed 90 days, or both such fine and imprisonment, in the discretion of the court. (Amended by Stats. 1983, Ch. 1092, Sec. 204. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
  131. 1136.2.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 8. Professional Strikebreakers [1130 - 1136.2] ( Chapter 8 repealed and added by Stats. 1976, Ch. 1079. ) ## ARTICLE 4. Miscellaneous [1136 - 1136.2] ( Article 4 added by Stats. 1976, Ch. 1079. )

    Verify source ↗

    If part of this chapter is finally held invalid by a competent court, the rest of the chapter is not affected and remains in force; the chapter is declared severable.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 8. Professional Strikebreakers [1130 - 1136.2] ( Chapter 8 repealed and added by Stats. 1976, Ch. 1079. ) ## ARTICLE 4. Miscellaneous [1136 - 1136.2] ( Article 4 added by Stats. 1976, Ch. 1079. ) ## 1136.2. If any part of the provisions of this chapter, or the application thereof, to any person or circumstance is held invalid in the final judgment of a court of competent jurisdiction, the remainder of this chapter, including the application of such part or provision to other persons or circumstances, shall not be affected thereby, and this chapter shall otherwise continue in full force and effect and shall otherwise be fully operative. To this end, the provisions of this chapter, and each of them, are hereby declared to be severable. (Amended by Stats. 1977, Ch. 579.)
  132. 1137.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 9. Employer Intimidation [1137- 1137.] ( Chapter 9 added by Stats. 2024, Ch. 670, Sec. 1. )

    Verify source ↗

    Employers may not retaliate against employees for refusing employer communications about religious or political matters, and workers must still be paid if they skip a covered meeting while working.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 9. Employer Intimidation [1137- 1137.] ( Chapter 9 added by Stats. 2024, Ch. 670, Sec. 1. ) ## 1137. (a) This chapter shall be known, and may be cited, as the “California Worker Freedom from Employer Intimidation Act.” (b) As used in this section, the following definitions apply: (1) “Employee” means any individual who performs services for and under the control and direction of an employer for wages or other remuneration. (2) “Employer” means any individual, partnership, association, corporation, or any agent, representative, designee, or person or group of persons acting directly or indirectly on behalf of or in the interest of an employer with the employer’s consent and shall include all branches of state government, or the several counties, cities and counties, and municipalities thereof, or any other political subdivision of the state, or a school district, or any special district, or any authority, commission, or board or any other agency or instrumentality thereof. (3) “Political matters” means matters relating to elections for political office, political parties, legislation, regulation, and the decision to join or support any political party or political or labor organization. (4) “Religious matters” means matters relating to religious affiliation and practice and the decision to join or support any religious organization or association. (c) An employer, except as provided in subdivisions (g) and (h), shall not subject, or threaten to subject, an employee to discharge, discrimination, retaliation, or any other adverse action because the employee declines to attend an employer-sponsored meeting or affirmatively declines to participate in, receive, or listen to any communications with the employer or its agents or representatives, the purpose of which is to communicate the employer’s opinion about religious or political matters. An employee who is working at the time of the meeting and elects not to attend a meeting described in this subdivision shall continue to be paid while the meeting is held. (d) In addition to any other remedy, an employer who violates this section shall be subject to a civil penalty of five hundred dollars ($500) per employee for each violation. (e) The Labor Commissioner may enforce this section, including investigating an alleged violation, and ordering appropriate temporary relief to mitigate a violation or maintain the status quo pending the completion of a full investigation or hearing through the procedures set forth in Section 98.3, 98.7, 98.74, or 1197.1, including issuing a citation against an employer who violates this section and filing a civil action. If a citation is issued, the procedures for issuing, contesting, and enforcing judgments for citations and civil penalties issued by the Labor Commissioner shall be the same as those set out in Section 98.74 or 1197.1, as applicable. (f) (1) Alternatively to subdivision (e), any employee who has suffered a violation of subdivision (c) may bring a civil action in a court of competent jurisdiction for damages caused by that adverse action, including punitive damages. (2) In any civil action brought pursuant to paragraph (1), an employee or their exclusive representative may petition the superior court in any county wherein the violation in question is alleged to have occurred, or wherein the person resides or transacts business, for appropriate temporary or preliminary injunctive relief. (g) This section does not prohibit any of the following: (1) An employer from communicating to its employees any information that the employer is required by law to communicate, but only to the extent of that legal requirement. (2) An employer from communicating to its employees any information that is necessary for those employees to perform their job duties. (3) An institution of higher education, or any agent, representative, or designee of that institution, from meeting with or participating in any communications with its employees that are part of coursework, any symposia, or an academic program at that institution. (4) An employer that is a public entity from communicating to its employees any information related to a policy of the public entity or any law or regulation that the public entity is responsible for administering. (h) This section does not apply to any of the following: (1) A religious corporation, entity, association, educational institution, or society that is exempt from the requirements of Title VII of the Civil Rights Act of 1964 (Public Law 88-352) pursuant to 42 U.S.C. 2000e-1(a) or is exempt from employment discrimination protections of state law, including, but not limited to, subdivision (d) of Section 12926 of the Government Code, except as provided in Section 12926.2 of the Government Code, and subdivision (d) of Section 98.6 of the Labor Code, with respect to speech on religious matters to employees who perform work connected with the activities undertaken by that religious corporation, entity, association, educational institution, or society. (2) A political organization or party requiring its employees to attend an employer-sponsored meeting or to participate in any communications with the employer or its agents or representatives, the purpose of which is to communicate the employer’s political tenets or purposes. (3) An educational institution requiring a student or instructor to attend lectures on political or religious matters that are part of the regular coursework at the institution. (4) A nonprofit, tax-exempt training program requiring a student or instructor to attend classroom instruction, complete fieldwork, or perform community service hours on political or religious matters as it relates to the mission of the training program or sponsor. (5) An employer requiring employees to undergo training to comply with the employer’s legal obligations, including obligations under civil rights laws and occupational safety and health laws. (6) A public employer holding a new employee orientation, as defined in Section 3555.5 of the Government Code, or a provider holding an orientation as described in Section 12301.24 of the Welfare and Institutions Code. (i) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (Added by Stats. 2024, Ch. 670, Sec. 1. (SB 399) Effective January 1, 2025.)
  133. 1138.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 10. Unlawful Acts During Labor Disputes [1138 - 1138.5] ( Chapter 10 added by Stats. 1999, Ch. 616, Sec. 1. )

    Verify source ↗

    Certain officers, members, associations, or organizations involved in a labor dispute are not liable for unlawful acts of individual officers, members, or agents unless there is clear proof of their actual participation or actual authorization.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 10. Unlawful Acts During Labor Disputes [1138 - 1138.5] ( Chapter 10 added by Stats. 1999, Ch. 616, Sec. 1. ) ## 1138. No officer or member of any association or organization, and no association or organization, participating or interested in a labor dispute, shall be held responsible or liable in any court of this state for the unlawful acts of individual officers, members, or agents, except upon clear proof of actual participation in, or actual authorization of those acts. (Added by Stats. 1999, Ch. 616, Sec. 1. Effective January 1, 2000.)
  134. 1138.1.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 10. Unlawful Acts During Labor Disputes [1138 - 1138.5] ( Chapter 10 added by Stats. 1999, Ch. 616, Sec. 1. )

    Verify source ↗

    Courts may not issue injunctions in labor-dispute cases unless the statute’s hearing, notice, findings, and security requirements are met.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 10. Unlawful Acts During Labor Disputes [1138 - 1138.5] ( Chapter 10 added by Stats. 1999, Ch. 616, Sec. 1. ) ## 1138.1. (a) No court of this state shall have authority to issue a temporary or permanent injunction in any case involving or growing out of a labor dispute, except after hearing the testimony of witnesses in open court, with opportunity for cross-examination, in support of the allegations of a complaint made under oath, and testimony in opposition thereto, if offered, and except after findings of fact by the court, of all of the following: (1) That unlawful acts have been threatened and will be committed unless restrained or have been committed and will be continued unless restrained, but no injunction or temporary restraining order shall be issued on account of any threat or unlawful act excepting against the person or persons, association, or organization making the threat or committing the unlawful act or actually authorized those acts. (2) That substantial and irreparable injury to complainant’s property will follow. (3) That as to each item of relief granted greater injury will be inflicted upon complainant by the denial of relief than will be inflicted upon defendants by the granting of relief. (4) That complainant has no adequate remedy at law. (5) That the public officers charged with the duty to protect complainant’s property are unable or unwilling to furnish adequate protection. (b) The hearing shall be held after due and personal notice thereof has been given, in the manner that the court shall direct, to all known persons against whom relief is sought, and also to the chief of those public officials of the county and city within which the unlawful acts have been threatened or committed charged with the duty to protect complainant’s property. However, if a complainant also alleges that, unless a temporary restraining order is issued without notice, a substantial and irreparable injury to complainant’s property will be unavoidable, such a temporary restraining order may be issued upon testimony under oath, sufficient, if sustained, to justify the court in issuing a temporary injunction upon a hearing after notice. Such a temporary restraining order shall be effective for no longer than five days and shall become void at the expiration of those five days. No temporary restraining order shall be issued unless the judicial officer issuing the temporary restraining order first hears oral argument from the opposing party or opposing party’s attorney, except in the instances specified in subparagraphs (B) and (C) of paragraph (2) of subdivision (c) of Section 527 of the Code of Civil Procedure. No temporary restraining order or temporary injunction shall be issued except on the condition that the complainant first files an undertaking with adequate security in an amount to be fixed by the court sufficient to recompense those enjoined for any loss, expense, or damage caused by the improvident or erroneous issuance of the order or injunction, including all reasonable costs, together with a reasonable attorney’s fee, and expense of defense against the order or against the granting of any injunctive relief sought in the same proceeding and subsequently denied by the court. (c) The undertaking shall be an agreement entered into by the complainant and the surety upon which a decree may be rendered in the same suit or proceeding against the complainant and surety, upon a hearing to assess damages of which hearing the complainant and surety shall have reasonable notice, the complainant and surety submitting themselves to the jurisdiction of the court for that purpose. Nothing contained in this section shall deprive any party having a claim or cause of action under or upon such undertaking from electing to pursue his or her ordinary remedy by suit at law or in equity. (Added by Stats. 1999, Ch. 616, Sec. 1. Effective January 1, 2000.)
  135. 1138.2.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 10. Unlawful Acts During Labor Disputes [1138 - 1138.5] ( Chapter 10 added by Stats. 1999, Ch. 616, Sec. 1. )

    Verify source ↗

    A complainant in a labor dispute cannot get a restraining order or injunctive relief if they have not complied with legal obligations or have not made every reasonable effort to settle the dispute.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 10. Unlawful Acts During Labor Disputes [1138 - 1138.5] ( Chapter 10 added by Stats. 1999, Ch. 616, Sec. 1. ) ## 1138.2. No restraining order or injunctive relief shall be granted to any complainant involved in the labor dispute in question who has failed to comply with any obligation imposed by law, or who has failed to make every reasonable effort to settle that dispute either by negotiation or with the aid of any available governmental machinery of mediation or voluntary arbitration. (Added by Stats. 1999, Ch. 616, Sec. 1. Effective January 1, 2000.)
  136. 1138.3.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 10. Unlawful Acts During Labor Disputes [1138 - 1138.5] ( Chapter 10 added by Stats. 1999, Ch. 616, Sec. 1. )

    Verify source ↗

    A court may issue a restraining order or injunction in a labor dispute only after filing findings of fact, and any order must be limited to the specific acts complained of and found by the court.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 10. Unlawful Acts During Labor Disputes [1138 - 1138.5] ( Chapter 10 added by Stats. 1999, Ch. 616, Sec. 1. ) ## 1138.3. No restraining order or temporary or permanent injunction shall be granted in a case involving or growing out of a labor dispute, except on the basis of findings of fact made and filed by the court in the record of the case prior to the issuance of the restraining order or injunction; and every restraining order or injunction granted in a case involving or growing out of a labor dispute shall include only a prohibition of the specific act or acts as may be expressly complained of in the complaint or petition filed in such case and as shall be expressly included in findings of fact made and filed by the court. (Added by Stats. 1999, Ch. 616, Sec. 1. Effective January 1, 2000.)
  137. 1138.4.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 10. Unlawful Acts During Labor Disputes [1138 - 1138.5] ( Chapter 10 added by Stats. 1999, Ch. 616, Sec. 1. )

    Verify source ↗

    This section says “labor dispute” means the same thing as in specified clauses of Section 527.3 of the Code of Civil Procedure.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 10. Unlawful Acts During Labor Disputes [1138 - 1138.5] ( Chapter 10 added by Stats. 1999, Ch. 616, Sec. 1. ) ## 1138.4. The term “labor dispute” as used in this chapter has the same meaning as set forth in clauses (i), (ii), and (iii) of paragraph (4) of subdivision (b) of Section 527.3 of the Code of Civil Procedure. (Added by Stats. 1999, Ch. 616, Sec. 1. Effective January 1, 2000.)
  138. 1138.5.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 10. Unlawful Acts During Labor Disputes [1138 - 1138.5] ( Chapter 10 added by Stats. 1999, Ch. 616, Sec. 1. )

    Verify source ↗

    Sections 1138.1, 1138.2, and 1138.3 do not apply to peace officers defined in the Penal Code.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 10. Unlawful Acts During Labor Disputes [1138 - 1138.5] ( Chapter 10 added by Stats. 1999, Ch. 616, Sec. 1. ) ## 1138.5. Sections 1138.1, 1138.2, and 1138.3 shall not apply to any peace officer as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code. (Added by Stats. 1999, Ch. 616, Sec. 1. Effective January 1, 2000.)
  139. 1139.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 11. Workers’ Rights in Emergencies [1139- 1139.] ( Chapter 11 added by Stats. 2022, Ch. 829, Sec. 1. )

    Verify source ↗

    In an emergency condition, an employer may not retaliate against employees for leaving or refusing to report to an unsafe workplace, and may not stop employees from using a mobile or other communications device for emergency-related safety purposes.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3. PRIVILEGES AND IMMUNITIES [920 - 1139] ( Part 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 11. Workers’ Rights in Emergencies [1139- 1139.] ( Chapter 11 added by Stats. 2022, Ch. 829, Sec. 1. ) ## 1139. (a) As used in this chapter: (1) (A) “Emergency condition” means the existence of either of the following: (i) Conditions of disaster or extreme peril to the safety of persons or property at the workplace or worksite caused by natural forces or a criminal act. (ii) An order to evacuate a workplace, a worksite, a worker’s home, or the school of a worker’s child due to natural disaster or a criminal act. (B) “Emergency condition” does not include a health pandemic. (2) “A reasonable belief that the workplace or worksite is unsafe” means that a reasonable person, under the circumstances known to the employee at the time, would conclude there is a real danger of death or serious injury if that person enters or remains on the premises. The existence of any health and safety regulations specific to the emergency condition and an employer’s compliance or noncompliance with those regulations shall be a relevant factor if this information is known to the employee at the time of the emergency condition or the employee received training on the health and safety regulations mandated by law specific to the emergency condition. (b) In the event of an emergency condition, an employer shall not do either of the following: (1) Take or threaten adverse action against any employee for refusing to report to, or leaving, a workplace or worksite within the affected area because the employee has a reasonable belief that the workplace or worksite is unsafe. This paragraph does not apply to the following: (A) A first responder, as defined in Section 8562 of the Government Code. (B) A disaster service worker, as defined in Section 3101 of the Government Code. (C) An employee required by law to render aid or remain on the premises in case of an emergency. (D) An employee or contractor of a health care facility who provides direct patient care, provides services supporting patient care operations during an emergency, or is required by law or policy to participate in emergency response or evacuation. (E) An employee of a private entity that contracts with the state or any city, county, or political subdivision of the state, including a special district, for purposes of providing or aiding in emergency services. (F) An employee working on a military base or in the defense industrial base sector. (G) An employee performing essential work on nuclear reactors or nuclear materials or waste. (H) An employee of a company providing utility, communications, energy, or roadside assistance while the employee is actively engaged in or is being called upon to aid in emergency response, including maintaining public access to services such as energy and water during the emergency. (I) An employee of a licensed residential care facility. (J) An employee of a depository institution, as defined in Section 1420 of the Financial Code. (K) A transportation employee participating directly in emergency evacuations during an active evacuation. (L) An employee of a privately contracted private fire prevention resource, that is subject to the regulations developed pursuant to Part 4.5 (commencing with Section 14865) of Division 12 of the Health and Safety Code and operating as a qualified insurance resource. “Qualified insurance resource” means personnel and equipment working for, or contracted by, an insurance company with a mission to mitigate risk to insured structures and operating in compliance with instruction and oversight of the incident management team of the authority having jurisdiction. (M) An employee whose primary duties include assisting members of the public to evacuate in case of an emergency. (2) (A) Prevent any employee from accessing the employee’s mobile device or other communications device for seeking emergency assistance, assessing the safety of the situation, or communicating with a person to verify their safety. (B) In addition to employees of private entities, this paragraph applies to any employee of the state or any city, county, or political subdivision of the state, including a special district. (C) This paragraph shall not apply to the following: (i) An employee of a depository institution as defined in Section 1420 of the Financial Code. (ii) An employee of any correctional facility. (iii) An employee who is actively operating equipment permitted under Chapter 4 (commencing with Section 7340) of Part 3 of Division 5, Part 8 (commencing with Section 7900) of Division 5, and Part 8.1 (commencing with Section 7920) of Division 5. (c) (1) When feasible, an employee shall notify the employer of the emergency condition requiring the employee to leave or refuse to report to the workplace or worksite prior to leaving or refusing to report. (2) When prior notice described by paragraph (1) is not feasible, the employee shall notify the employer of the emergency condition that required the employee to leave or refuse to report to the workplace or worksite after leaving or refusing to report as soon as possible. (d) This section is not intended to apply when emergency conditions that pose an imminent and ongoing risk of harm to the workplace, the worksite, the worker, or the worker’s home have ceased. (e) In any action by a current or former employee that could be brought pursuant to the Labor Code Private Attorneys General Act of 2004 (Part 13 (commencing with Section 2698)) for violations of this chapter, the employer shall have the right to cure alleged violations as set forth in Section 2699.3. (Added by Stats. 2022, Ch. 829, Sec. 1. (SB 1044) Effective January 1, 2023.)
  140. 1140.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 1. General Provisions and Definitions [1140 - 1140.6] ( Chapter 1 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. )

    Verify source ↗

    This part must be known as the Alatorre-Zenovich-Dunlap-Berman Agricultural Labor Relations Act of 1975, and it may also be referred to by that name.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 1. General Provisions and Definitions [1140 - 1140.6] ( Chapter 1 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## 1140. This part shall be known and may be referred to as the Alatorre-Zenovich-Dunlap-Berman Agricultural Labor Relations Act of 1975. (Added by Stats. 1975, 3rd Ex. Sess., Ch. 1.)
  141. 1140.2.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 1. General Provisions and Definitions [1140 - 1140.6] ( Chapter 1 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. )

    Verify source ↗

    California states a policy to protect agricultural employees’ rights to organize, choose representatives, bargain collectively, and be free from employer interference or coercion.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 1. General Provisions and Definitions [1140 - 1140.6] ( Chapter 1 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## 1140.2. It is hereby stated to be the policy of the State of California to encourage and protect the right of agricultural employees to full freedom of association, self-organization, and designation of representatives of their own choosing, to negotiate the terms and conditions of their employment, and to be free from the interference, restraint, or coercion of employers of labor, or their agents, in the designation of such representatives or in self-organization or in other concerted activities for the purpose of collective bargaining or other mutual aid or protection. For this purpose this part is adopted to provide for collective-bargaining rights for agricultural employees. (Added by Stats. 1975, 3rd Ex. Sess., Ch. 1.)
  142. 1140.4.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 1. General Provisions and Definitions [1140 - 1140.6] ( Chapter 1 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. )

    Verify source ↗

    This section defines key terms used in this part, including agriculture, agricultural employee, agricultural employer, labor organization, and supervisor, and it excludes some construction, logging, land leveling, and surveying work from coverage.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 1. General Provisions and Definitions [1140 - 1140.6] ( Chapter 1 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## 1140.4. As used in this part: (a) The term “agriculture” includes farming in all its branches, and, among other things, includes the cultivation and tillage of the soil, dairying, the production, cultivation, growing, and harvesting of any agricultural or horticultural commodities (including commodities defined as agricultural commodities in Section 1141j(g) of Title 12 of the United States Code), the raising of livestock, bees, furbearing animals, or poultry, and any practices (including any forestry or lumbering operations) performed by a farmer or on a farm as an incident to or in conjunction with such farming operations, including preparation for market and delivery to storage or to market or to carriers for transportation to market. (b) The term “agricultural employee” or “employee” shall mean one engaged in agriculture, as such term is defined in subdivision (a). However, nothing in this subdivision shall be construed to include any person other than those employees excluded from the coverage of the National Labor Relations Act, as amended, as agricultural employees, pursuant to Section 2(3) of the Labor Management Relations Act (Section 152(3), Title 29, United States Code), and Section 3(f) of the Fair Labor Standards Act (Section 203(f), Title 29, United States Code). Further, nothing in this part shall apply, or be construed to apply, to any employee who performs work to be done at the site of the construction, alteration, painting, or repair of a building, structure, or other work (as these terms have been construed under Section 8(e) of the Labor Management Relations Act, 29 U.S.C. Sec. 158(e)) or logging or timber-clearing operations in initial preparation of land for farming, or who does land leveling or only land surveying for any of the above. As used in this subdivision, “land leveling” shall include only major land moving operations changing the contour of the land, but shall not include annual or seasonal tillage or preparation of land for cultivation. (c) The term “agricultural employer” shall be liberally construed to include any person acting directly or indirectly in the interest of an employer in relation to an agricultural employee, any individual grower, corporate grower, cooperative grower, harvesting association, hiring association, land management group, any association of persons or cooperatives engaged in agriculture, and shall include any person who owns or leases or manages land used for agricultural purposes, but shall exclude any person supplying agricultural workers to an employer, any farm labor contractor as defined by Section 1682, and any person functioning in the capacity of a labor contractor. The employer engaging such labor contractor or person shall be deemed the employer for all purposes under this part. (d) The term “person” shall mean one or more individuals, corporations, partnerships, limited liability companies, associations, legal representatives, trustees in bankruptcy, receivers, or any other legal entity, employer, or labor organization having an interest in the outcome of a proceeding under this part. (e) The term “representatives” includes any individual or labor organization. (f) The term “labor organization” means any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and which exists, in whole or in part, for the purpose of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work for agricultural employees. (g) The term “unfair labor practice” means any unfair labor practice specified in Chapter 4 (commencing with Section 1153) of this part. (h) The term “labor dispute” includes any controversy concerning terms, tenure, or conditions of employment, or concerning the association or representation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions of employment, regardless of whether the disputants stand in the proximate relation of employer and employee. (i) The term “board” means Agricultural Labor Relations Board. (j) The term “supervisor” means any individual having the authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or the responsibility to direct them, or to adjust their grievances, or effectively to recommend such action, if, in connection with the foregoing, the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment. (Amended by Stats. 1994, Ch. 1010, Sec. 181. Effective January 1, 1995.)
  143. 1140.6.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 1. General Provisions and Definitions [1140 - 1140.6] ( Chapter 1 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. )

    Verify source ↗

    The board has exclusive jurisdiction to decide whether any person or entity meets one or more definitions in Section 1140.4.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 1. General Provisions and Definitions [1140 - 1140.6] ( Chapter 1 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## 1140.6. Notwithstanding any other provision of state law, the board shall have exclusive jurisdiction in all phases of the administration of this part to determine whether any person or entity meets one or more definitions set forth in Section 1140.4. (Added by Stats. 2025, Ch. 139, Sec. 3. (AB 288) Effective January 1, 2026.)
  144. 1141.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 2. Agricultural Labor Relations Board [1141 - 1151.6] ( Chapter 2 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## ARTICLE 1. Agricultural Labor Relations Board: Organization [1141 - 1150] ( Article 1 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. )

    Verify source ↗

    Creates the Agricultural Labor Relations Board, sets its membership and appointment process, gives it exclusive jurisdiction over administration of this part, and allows the Governor to remove members for cause after notice and hearing.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 2. Agricultural Labor Relations Board [1141 - 1151.6] ( Chapter 2 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## ARTICLE 1. Agricultural Labor Relations Board: Organization [1141 - 1150] ( Article 1 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## 1141. (a) There is hereby created in the Labor and Workforce Development Agency the Agricultural Labor Relations Board, which shall consist of five members and which shall have exclusive jurisdiction over all phases of the administration of this part. (b) The members of the board shall be appointed by the Governor with the advice and consent of the Senate. The term of office of the members shall be five years, and the terms shall be staggered at one-year intervals. Upon the initial appointment, one member shall be appointed for a term ending January 1, 1977, one member shall be appointed for a term ending January 1, 1978, one member shall be appointed for a term ending January 1, 1979, one member shall be appointed for a term ending January 1, 1980, and one member shall be appointed for a term ending January 1, 1981. Any individual appointed to fill a vacancy of any member shall be appointed only for the unexpired term of the member to whose term they are succeeding. The Governor shall designate one member to serve as chairperson of the board. Any member of the board may be removed by the Governor, upon notice and hearing, for neglect of duty or malfeasance in office, but for no other cause. (Amended by Stats. 2025, Ch. 139, Sec. 4. (AB 288) Effective January 1, 2026.)
  145. 1142.5.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 2. Agricultural Labor Relations Board [1141 - 1151.6] ( Chapter 2 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## ARTICLE 1. Agricultural Labor Relations Board: Organization [1141 - 1150] ( Article 1 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. )

    Verify source ↗

    The board must keep a phone line open 24/7 and provide or refer callers for help about rights, responsibilities, and agricultural labor disputes.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 2. Agricultural Labor Relations Board [1141 - 1151.6] ( Chapter 2 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## ARTICLE 1. Agricultural Labor Relations Board: Organization [1141 - 1150] ( Article 1 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## 1142.5. (a) The board shall maintain, at its principal office, a telephone line 24 hours a day, seven days a week, for the purpose of providing interested persons with information concerning their rights and responsibilities under this part, or for referring such persons to the appropriate agency or entity with the capacity to render advice or help in dealing with any situation arising out of agricultural labor disputes. In order to carry out its responsibilities pursuant to this subdivision, the board may contract with an answering service to receive telephone messages during periods of time that its principal office is normally not open for business. Such messages shall be transmitted to the board on the board’s next business day, or at such earlier time as the board specifies, or to its designated representative at the earliest possible time. (b) Whenever a petition for an election has been filed in a bargaining unit in which a majority of the employees are engaged in a strike, the necessary and appropriate services of the board in the region in which the election will be held shall be available to the parties involved 24 hours a day until the election is held. (Amended by Stats. 1979, Ch. 468.)
  146. 1143.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 2. Agricultural Labor Relations Board [1141 - 1151.6] ( Chapter 2 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## ARTICLE 1. Agricultural Labor Relations Board: Organization [1141 - 1150] ( Article 1 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. )

    Verify source ↗

    The board must submit a written report to the Legislature and the Governor at the end of each fiscal year.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 2. Agricultural Labor Relations Board [1141 - 1151.6] ( Chapter 2 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## ARTICLE 1. Agricultural Labor Relations Board: Organization [1141 - 1150] ( Article 1 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## 1143. The board shall, at the close of each fiscal year, make a report in writing to the Legislature and to the Governor stating in detail the cases it has heard, the decisions it has rendered, the names, salaries, and duties of all employees and officers in the employ or under the supervision of the board, and an account of all moneys it has disbursed. (Added by Stats. 1975, 3rd Ex. Sess., Ch. 1.)
  147. 1144.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 2. Agricultural Labor Relations Board [1141 - 1151.6] ( Chapter 2 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## ARTICLE 1. Agricultural Labor Relations Board: Organization [1141 - 1150] ( Article 1 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. )

    Verify source ↗

    The board may make, amend, and rescind rules and regulations needed to carry out this part, following the procedure stated in the Government Code.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 2. Agricultural Labor Relations Board [1141 - 1151.6] ( Chapter 2 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## ARTICLE 1. Agricultural Labor Relations Board: Organization [1141 - 1150] ( Article 1 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## 1144. The board may from time to time make, amend, and rescind, in the manner prescribed in Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, such rules and regulations as may be necessary to carry out this part. (Amended by Stats. 1983, Ch. 142, Sec. 99.)
  148. 1144.5.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 2. Agricultural Labor Relations Board [1141 - 1151.6] ( Chapter 2 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## ARTICLE 1. Agricultural Labor Relations Board: Organization [1141 - 1150] ( Article 1 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. )

    Verify source ↗

    This section limits when certain Government Code hearing provisions apply to board hearings, and allows a person involved in certain preliminary determinations to serve in multiple roles in an unfair labor practice charge hearing.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 2. Agricultural Labor Relations Board [1141 - 1151.6] ( Chapter 2 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## ARTICLE 1. Agricultural Labor Relations Board: Organization [1141 - 1150] ( Article 1 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## 1144.5. (a) Notwithstanding Section 11425.10 of the Government Code, Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to a hearing by the board under this part, except a hearing to determine an unfair labor practice charge. (b) Notwithstanding Sections 11425.30 and 11430.10 of the Government Code, in a hearing to determine an unfair labor practice charge, a person who has participated in a determination of probable cause, injunctive or other pre-hearing relief, or other equivalent preliminary determination in an adjudicative proceeding may serve as presiding officer or as a supervisor of the presiding officer or may assist or advise the presiding officer in the same proceeding. (Added by Stats. 1995, Ch. 938, Sec. 73. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938.)
  149. 1145.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 2. Agricultural Labor Relations Board [1141 - 1151.6] ( Chapter 2 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## ARTICLE 1. Agricultural Labor Relations Board: Organization [1141 - 1150] ( Article 1 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. )

    Verify source ↗

    The board may appoint certain staff and lawyers as needed, and its appointed employees must carry out their duties objectively and impartially.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 2. Agricultural Labor Relations Board [1141 - 1151.6] ( Chapter 2 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## ARTICLE 1. Agricultural Labor Relations Board: Organization [1141 - 1150] ( Article 1 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## 1145. The board may appoint an executive secretary and such attorneys, hearing officers, administrative law officers, and other employees as it may from time to time find necessary for the proper performance of its duties. Attorneys appointed pursuant to this section may, at the discretion of the board, appear for and represent the board in any case in court. All employees appointed by the board shall perform their duties in an objective and impartial manner without prejudice toward any party subject to the jurisdiction of the board. (Amended by Stats. 1978, Ch. 1072.)
  150. 1146.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 2. Agricultural Labor Relations Board [1141 - 1151.6] ( Chapter 2 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## ARTICLE 1. Agricultural Labor Relations Board: Organization [1141 - 1150] ( Article 1 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. )

    Verify source ↗

    The board may delegate its powers to a group of at least three board members. A vacancy does not stop the remaining members from exercising the board’s powers, and three members always make a quorum.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 2. Agricultural Labor Relations Board [1141 - 1151.6] ( Chapter 2 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## ARTICLE 1. Agricultural Labor Relations Board: Organization [1141 - 1150] ( Article 1 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## 1146. The board is authorized to delegate to any group of three or more board members any or all the powers which it may itself exercise. A vacancy in the board shall not impair the right of the remaining members to exercise all the powers of the board, and three members shall at all times constitute a quorum. A vacancy shall be filled in the same manner as an original appointment. (Added by Stats. 1975, 3rd Ex. Sess., Ch. 1.)
  151. 1147.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 2. Agricultural Labor Relations Board [1141 - 1151.6] ( Chapter 2 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## ARTICLE 1. Agricultural Labor Relations Board: Organization [1141 - 1150] ( Article 1 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. )

    Verify source ↗

    Each board member is entitled to the salary set by the referenced Government Code chapter.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 2. Agricultural Labor Relations Board [1141 - 1151.6] ( Chapter 2 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## ARTICLE 1. Agricultural Labor Relations Board: Organization [1141 - 1150] ( Article 1 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## 1147. Each member of the board shall receive the salary provided for by Chapter 6 (commencing with Section 11550) of Part 1 of Division 3 of Title 2 of the Government Code. (Amended by Stats. 1983, Ch. 803, Sec. 40.)
  152. 1148.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 2. Agricultural Labor Relations Board [1141 - 1151.6] ( Chapter 2 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## ARTICLE 1. Agricultural Labor Relations Board: Organization [1141 - 1150] ( Article 1 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. )

    Verify source ↗

    The board may follow National Labor Relations Act precedents as persuasive authority, but it does not have to follow them if it considers that inappropriate.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 2. Agricultural Labor Relations Board [1141 - 1151.6] ( Chapter 2 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## ARTICLE 1. Agricultural Labor Relations Board: Organization [1141 - 1150] ( Article 1 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## 1148. The board may follow applicable precedents of the National Labor Relations Act, as amended, which shall constitute persuasive authority in the interpretation and application of this part, but shall not be obligated to follow those precedents where the board deems it inappropriate to do so. (Amended by Stats. 2025, Ch. 139, Sec. 5. (AB 288) Effective January 1, 2026.)
  153. 1149.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 2. Agricultural Labor Relations Board [1141 - 1151.6] ( Chapter 2 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## ARTICLE 1. Agricultural Labor Relations Board: Organization [1141 - 1150] ( Article 1 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. )

    Verify source ↗

    This section creates the board’s general counsel, gives that office hiring and supervisory powers, and requires appointed employees to act objectively and without bias.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 2. Agricultural Labor Relations Board [1141 - 1151.6] ( Chapter 2 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## ARTICLE 1. Agricultural Labor Relations Board: Organization [1141 - 1150] ( Article 1 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## 1149. There shall be a general counsel of the board who shall be appointed by the Governor, subject to confirmation by a majority of the Senate, for a term of four years. The general counsel shall have the power to appoint such attorneys, administrative assistants, and other employees as necessary for the proper exercise of his duties. The general counsel of the board shall exercise general supervision over all attorneys employed by the board (other than administrative law officers and legal assistants to board members), and over the officers and employees in the regional offices. He shall have final authority, on behalf of the board, with respect to the investigation of charges and issuance of complaints under Chapter 6 (commencing with Section 1160) of this part, and with respect to the prosecution of such complaints before the board. He shall have such other duties as the board may prescribe or as may be provided by law. All employees appointed by the general counsel shall perform their duties in an objective and impartial manner without prejudice toward any party subject to the jurisdiction of the board. In case of a vacancy in the office of the general counsel, the Governor is authorized to designate the officer or employee who shall act as general counsel during such vacancy, but no person or persons so designated shall so act either (1) for more than 40 days when the Legislature is in session unless a nomination to fill such vacancy shall have been submitted to the Senate, or (2) after the adjournment sine die of the session of the Senate in which such nomination was submitted. (Amended by Stats. 1978, Ch. 1072.)
  154. 1149.3.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 2. Agricultural Labor Relations Board [1141 - 1151.6] ( Chapter 2 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## ARTICLE 1. Agricultural Labor Relations Board: Organization [1141 - 1150] ( Article 1 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. )

    Verify source ↗

    The board must finish certain monetary-remedy determinations within one year, with a limited good-cause exception.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 2. Agricultural Labor Relations Board [1141 - 1151.6] ( Chapter 2 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## ARTICLE 1. Agricultural Labor Relations Board: Organization [1141 - 1150] ( Article 1 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## 1149.3. (a) In cases that the board is required to determine the specific amount of a monetary remedy before issuing a final board order pursuant to Section 1160.3, the determination shall be completed within one year of any board order finding unfair labor practice liability and directing the payment of a monetary remedy. (b) In cases that a determination is made concerning the amount of a monetary remedy that is continuing to accrue as described in Section 1160.3, and the board is required to determine any additional portion of the monetary remedy that has accrued after a final decision on employer liability, the board shall process to final board order a decision concerning the additional amount or amounts owed within one year of a final decision on employer liability, unless the board certifies to the parties that there is good cause for exceeding this time limit and provides a reasoned explanation for the assertion of good cause. For purposes of this subdivision, “final decision on employer liability” means the date when a board order determining the specific amount of a monetary remedy owed by a respondent found to have engaged in an unfair labor practice becomes final because no appeal was sought or the date when a reviewing court dismisses an employer’s appeal or otherwise affirms the board’s order. (c) If an employer’s liability and compliance proceedings are consolidated, the board shall act reasonably and without delay in reaching a final decision concerning the liability and amounts owed to workers, and shall explain to the parties any good cause for delay. (Amended by Stats. 2023, Ch. 7, Sec. 3. (AB 113) Effective May 15, 2023.)
  155. 115.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5. Division of Workers’ Compensation [110 - 139.6] ( Heading of Chapter 5 amended by Stats. 2002, Ch. 6, Sec. 23.5. )

    Verify source ↗

    The appeals board generally acts by majority vote. The chairman must assign reconsideration cases to three members, rotate those assignments, and keep the member mix from becoming fixed. Three-member cases are normally decided only by those members unless reassigned or reconsidered as stated.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5. Division of Workers’ Compensation [110 - 139.6] ( Heading of Chapter 5 amended by Stats. 2002, Ch. 6, Sec. 23.5. ) ## 115. Actions of the appeals board shall be taken by decision of a majority of the appeals board except as otherwise expressly provided. The chairman shall assign pending cases in which reconsideration is sought to any three members thereof for hearing, consideration and decision. Assignments by the chairman of members to such cases shall be rotated on a case-by-case basis with the composition of the members so assigned being varied and changed to assure that there shall never be a fixed and continued composition of members. Any such case assigned to any three members in which the finding, order, decision or award is made and filed by any two or more of such members shall be the action of the appeals board unless reconsideration is had in accordance with the provisions of Article 1 (commencing with Section 5900), Chapter 7, Part 4, Division 4 of this code. Any case assigned to three members shall be heard and decided only by them, unless the matter has been reassigned by the chairman on a majority vote of the appeals board to the appeals board as a whole in order to achieve uniformity of decision, or in cases presenting novel issues. (Repealed and added by Stats. 1965, Ch. 1513.)
  156. 1150.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 2. Agricultural Labor Relations Board [1141 - 1151.6] ( Chapter 2 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## ARTICLE 1. Agricultural Labor Relations Board: Organization [1141 - 1150] ( Article 1 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. )

    Verify source ↗

    Board members and the board’s general counsel may be reappointed, but they must not have any other business, vocation, or employment.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 2. Agricultural Labor Relations Board [1141 - 1151.6] ( Chapter 2 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## ARTICLE 1. Agricultural Labor Relations Board: Organization [1141 - 1150] ( Article 1 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## 1150. Each member of the board and the general counsel of the board shall be eligible for reappointment, and shall not engage in any other business, vocation, or employment. (Added by Stats. 1975, 3rd Ex. Sess., Ch. 1.)
  157. 1151.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 2. Agricultural Labor Relations Board [1141 - 1151.6] ( Chapter 2 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## ARTICLE 2. Investigatory Powers [1151 - 1151.6] ( Article 2 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. )

    Verify source ↗

    The board may inspect, copy, and subpoena evidence and witnesses for hearings and investigations, and the court may compel obedience if a subpoena is ignored.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 2. Agricultural Labor Relations Board [1141 - 1151.6] ( Chapter 2 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## ARTICLE 2. Investigatory Powers [1151 - 1151.6] ( Article 2 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## 1151. For the purpose of all hearings and investigations, which, in the opinion of the board, are necessary and proper for the exercise of the powers vested in it by Chapters 5 (commencing with Section 1156) and 6 (commencing with Section 1160) of this part: (a) The board, or its duly authorized agents or agencies, shall at all reasonable times have access to, for the purpose of examination, and the right to copy, any evidence of any person being investigated or proceeded against that relates to any matter under investigation or in question. The members of the board or their designees or their duly authorized agents shall have the right of free access to all places of labor. The board, or any member thereof, shall upon application of any party to such proceedings, forthwith issue to such party subpoenas requiring the attendance and testimony of witnesses or the production of any evidence in such proceeding or investigation requested in such application. Within five days after the service of a subpoena on any person requiring the production of any evidence in his possession or under his control, such person may petition the board to revoke, and the board shall revoke, such subpoena if in its opinion the evidence whose production is required does not relate to any matter under investigation, or any matter in question in such proceedings, or if in its opinion such subpoena does not describe with sufficient particularity the evidence whose production is required. Any member of the board, or any agent or agency designated by the board for such purposes, may administer oaths and affirmations, examine witnesses, and receive evidence. Such attendance of witnesses and the production of such evidence may be required from any place in the state at any designated place of hearing. (b) In case of contumacy or refusal to obey a subpoena issued to any person, any superior court in any county within the jurisdiction of which the inquiry is carried on, or within the jurisdiction of which such person allegedly guilty of contumacy or refusal to obey is found or resides or transacts business, shall, upon application by the board, have jurisdiction to issue to such person an order requiring such person to appear before the board, its member, agent, or agency, there to produce evidence if so ordered, or there to give testimony touching the matter under investigation or in question. Any failure to obey such order of the court may be punished by such court as a contempt thereof. (Added by Stats. 1975, 3rd Ex. Sess., Ch. 1.)
  158. 1151.2.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 2. Agricultural Labor Relations Board [1141 - 1151.6] ( Chapter 2 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## ARTICLE 2. Investigatory Powers [1151 - 1151.6] ( Article 2 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. )

    Verify source ↗

    The board can require witnesses to testify and produce evidence, even if it may incriminate them, and it can grant immunity only after giving required notice to district attorneys and handling objections as stated.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 2. Agricultural Labor Relations Board [1141 - 1151.6] ( Chapter 2 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## ARTICLE 2. Investigatory Powers [1151 - 1151.6] ( Article 2 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## 1151.2. (a) No person shall be excused from attending and testifying, or from producing books, records, correspondence, documents, or other evidence in obedience to the subpoena of the board, on the ground that the testimony or evidence required of him may tend to incriminate him or subject him to a penalty or forfeiture. However, no individual shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he is compelled, after having claimed his privilege against self-incrimination, to testify or produce evidence, except that such individual so testifying shall not be exempt from prosecution and punishment for perjury committed in so testifying. (b) No individual shall be granted immunity pursuant to subdivision (a) unless, at least 10 calendar days prior thereto, the board has given written notice, by registered mail, to the district attorney of each county who may have reasonable grounds for objecting to such grant of immunity. Such notice shall specify the subject matter of the inquiries to which the witness’ answers are to be immunized from use. The board may not grant immunity in any case where it finds that a district attorney has reasonable grounds for objecting to such grant of immunity provided that the board may disregard objections that are not accompanied by the declaration of the district attorney that he or she is familiar with the notice and which sets forth the grounds for resisting such grant of immunity. (Amended by Stats. 1980, Ch. 1282.)
  159. 1151.3.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 2. Agricultural Labor Relations Board [1141 - 1151.6] ( Chapter 2 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## ARTICLE 2. Investigatory Powers [1151 - 1151.6] ( Article 2 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. )

    Verify source ↗

    Any party has the right to appear at any hearing in person, by counsel, or by another representative.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 2. Agricultural Labor Relations Board [1141 - 1151.6] ( Chapter 2 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## ARTICLE 2. Investigatory Powers [1151 - 1151.6] ( Article 2 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## 1151.3. Any party shall have the right to appear at any hearing in person, by counsel, or by other representative. (Added by Stats. 1975, 3rd Ex. Sess., Ch. 1.)
  160. 1151.4.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 2. Agricultural Labor Relations Board [1141 - 1151.6] ( Chapter 2 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## ARTICLE 2. Investigatory Powers [1151 - 1151.6] ( Article 2 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. )

    Verify source ↗

    The board’s complaints, orders, and other papers may be served by personal delivery, registered mail, telegraph, or by leaving a copy at the recipient’s principal office or place of business.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 2. Agricultural Labor Relations Board [1141 - 1151.6] ( Chapter 2 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## ARTICLE 2. Investigatory Powers [1151 - 1151.6] ( Article 2 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## 1151.4. (a) Complaints, orders, and other process and papers of the board, its members, agents, or agency, may be served either personally or by registered mail or by telegraph, or by leaving a copy thereof at the principal office or place of business of the person required to be served. The verified return by the individual so serving the same setting forth the manner of such service shall be proof of the same, and the return post office receipt or telegraph receipt therefor when registered and mailed or telegraphed as provided in this subdivision shall be proof of service of the same. Witnesses summoned before the board, its members, agents, or agency, shall be paid the same fees and mileage that are paid witnesses in the courts of the state, and witnesses whose depositions are taken and the persons taking the same shall severally be entitled to the same fees as are paid for like services in the courts of the state. (b) All process of any court to which application may be made under this part may be served in the county where the defendant or other person required to be served resides or may be found. (Added by Stats. 1975, 3rd Ex. Sess., Ch. 1.)
  161. 1151.5.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 2. Agricultural Labor Relations Board [1141 - 1151.6] ( Chapter 2 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## ARTICLE 2. Investigatory Powers [1151 - 1151.6] ( Article 2 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. )

    Verify source ↗

    State departments and agencies must provide the board, on request, with non-privileged records, papers, and information they possess about matters before the board.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 2. Agricultural Labor Relations Board [1141 - 1151.6] ( Chapter 2 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## ARTICLE 2. Investigatory Powers [1151 - 1151.6] ( Article 2 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## 1151.5. The several departments and agencies of the state upon request by the board, shall furnish the board all records, papers, and information in their possession, not otherwise privileged, relating to any matter before the board. (Added by Stats. 1975, 3rd Ex. Sess., Ch. 1.)
  162. 1151.6.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 2. Agricultural Labor Relations Board [1141 - 1151.6] ( Chapter 2 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## ARTICLE 2. Investigatory Powers [1151 - 1151.6] ( Article 2 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. )

    Verify source ↗

    A person may not willfully resist, prevent, impede, or interfere with the board, its agents, or its agencies while they are performing duties under this part.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 2. Agricultural Labor Relations Board [1141 - 1151.6] ( Chapter 2 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## ARTICLE 2. Investigatory Powers [1151 - 1151.6] ( Article 2 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## 1151.6. Any person who shall willfully resist, prevent, impede, or interfere with any member of the board or any of its agents or agencies in the performance of duties pursuant to this part shall be guilty of a misdemeanor, and shall be punished by a fine of not more than five thousand ($5,000) dollars. (Added by Stats. 1975, 3rd Ex. Sess., Ch. 1.)
  163. 1152.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 3. Rights of Agricultural Employees [1152- 1152.] ( Chapter 3 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. )

    Verify source ↗

    Employees have the right to organize, join or help labor organizations, bargain collectively, engage in concerted activities, and refrain from those activities, subject to a possible union-security exception.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 3. Rights of Agricultural Employees [1152- 1152.] ( Chapter 3 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## 1152. Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection, and shall also have the right to refrain from any or all of such activities except to the extent that such right may be affected by an agreement requiring membership in a labor organization as a condition of continued employment as authorized in subdivision (c) of Section 1153. (Added by Stats. 1975, 3rd Ex. Sess., Ch. 1.)
  164. 1153.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 4. Unfair Labor Practices and Regulation of Secondary Boycotts [1153 - 1155.7] ( Chapter 4 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. )

    Verify source ↗

    Agricultural employers are barred from a list of unfair labor practices, including interfering with employees’ labor rights, controlling labor organizations, discrimination tied to union membership, retaliation, and refusing good-faith bargaining with certified labor organizations.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 4. Unfair Labor Practices and Regulation of Secondary Boycotts [1153 - 1155.7] ( Chapter 4 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## 1153. It shall be an unfair labor practice for an agricultural employer to do any of the following: (a) To interfere with, restrain, or coerce agricultural employees in the exercise of the rights guaranteed in Section 1152. (b) To dominate or interfere with the formation or administration of any labor organization or contribute financial or other support to it. However, subject to such rules and regulations as may be made and published by the board pursuant to Section 1144, an agricultural employer shall not be prohibited from permitting agricultural employees to confer with him during working hours without loss of time or pay. (c) By discrimination in regard to the hiring or tenure of employment, or any term or condition of employment, to encourage or discourage membership in any labor organization. Nothing in this part, or in any other statute of this state, shall preclude an agricultural employer from making an agreement with a labor organization (not established, maintained, or assisted by any action defined in this section as an unfair labor practice) to require as a condition of employment, membership therein on or after the fifth day following the beginning of such employment, or the effective date of such agreement whichever is later, if such labor organization is the representative of the agricultural employees as provided in Section 1156 in the appropriate collective-bargaining unit covered by such agreement. No employee who has been required to pay dues to a labor organization by virtue of his employment as an agricultural worker during any calendar month, shall be required to pay dues to another labor organization by virtue of similar employment during such month. For purposes of this chapter, membership shall mean the satisfaction of all reasonable terms and conditions uniformly applicable to other members in good standing; provided, that such membership shall not be denied or terminated except in compliance with a constitution or bylaws which afford full and fair rights to speech, assembly, and equal voting and membership privileges for all members, and which contain adequate procedures to assure due process to members and applicants for membership. (d) To discharge or otherwise discriminate against an agricultural employee because he has filed charges or given testimony under this part. (e) To refuse to bargain collectively in good faith with labor organizations certified pursuant to the provisions of Chapter 5 (commencing with Section 1156) of this part. (f) To recognize, bargain with, or sign a collective-bargaining agreement with any labor organization not certified pursuant to the provisions of this part. (Added by Stats. 1975, 3rd Ex. Sess., Ch. 1.)
  165. 1154.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 4. Unfair Labor Practices and Regulation of Secondary Boycotts [1153 - 1155.7] ( Chapter 4 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. )

    Verify source ↗

    Labor organizations and their agents are prohibited from using coercion, discrimination, bad-faith bargaining refusals, secondary-pressure tactics, excessive fees, or picketing aimed at forced recognition or bargaining in the situations described here.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 4. Unfair Labor Practices and Regulation of Secondary Boycotts [1153 - 1155.7] ( Chapter 4 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## 1154. It shall be an unfair labor practice for a labor organization or its agents to do any of the following: (a) To restrain or coerce: (1) Agricultural employees in the exercise of the rights guaranteed in Section 1152. This paragraph shall not impair the right of a labor organization to prescribe its own rules with respect to the acquisition or retention of membership therein. (2) An agricultural employer in the selection of his representatives for the purposes of collective bargaining or the adjustment of grievances. (b) To cause or attempt to cause an agricultural employer to discriminate against an employee in violation of subdivision (c) of Section 1153, or to discriminate against an employee with respect to whom membership in such organization has been denied or terminated for reasons other than failure to satisfy the membership requirements specified in subdivision (c) of Section 1153. (c) To refuse to bargain collectively in good faith with an agricultural employer, provided it is the representative of his employees subject to the provisions of Chapter 5 (commencing with Section 1156) of this part. (d) To do either of the following: (i) To engage in, or to induce or encourage any individual employed by any person to engage in, a strike or a refusal in the course of his employment to use, manufacture, process, transport, or otherwise handle or work on any goods, articles, materials, or commodities, or to perform any services; or (ii) to threaten, coerce, or restrain any person; where in either case (i) or (ii) an object thereof is any of the following: (1) Forcing or requiring any employer or self-employed person to join any labor or employer organization or to enter into any agreement which is prohibited by Section 1154.5. (2) Forcing or requiring any person to cease using, selling, transporting, or otherwise dealing in the products of any other producer, processor, or manufacturer, or to cease doing business with any other person, or forcing or requiring any other employer to recognize or bargain with a labor organization as the representative of his employees unless such labor organization has been certified as the representative of such employees. Nothing contained in this paragraph shall be construed to make unlawful, where not otherwise unlawful, any primary strike or primary picketing. (3) Forcing or requiring any employer to recognize or bargain with a particular labor organization as the representative of his agricultural employees if another labor organization has been certified as the representative of such employees under the provisions of Chapter 5 (commencing with Section 1156) of this part. (4) Forcing or requiring any employer to assign particular work to employees in a particular labor organization or in a particular trade, craft, or class, unless such employer is failing to conform to an order or certification of the board determining the bargaining representative for employees performing such work. Nothing contained in this subdivision (d) shall be construed to prohibit publicity, including picketing for the purpose of truthfully advising the public, including consumers, that a product or products or ingredients thereof are produced by an agricultural employer with whom the labor organization has a primary dispute and are distributed by another employer, as long as such publicity does not have an effect of inducing any individual employed by any person other than the primary employer in the course of his employment to refuse to pick up, deliver, or transport any goods, or not to perform any services at the establishment of the employer engaged in such distribution, and as long as such publicity does not have the effect of requesting the public to cease patronizing such other employer. However, publicity which includes picketing and has the effect of requesting the public to cease patronizing such other employer, shall be permitted only if the labor organization is currently certified as the representative of the primary employer’s employees. Further, publicity other than picketing, but including peaceful distribution of literature which has the effect of requesting the public to cease patronizing such other employer, shall be permitted only if the labor organization has not lost an election for the primary employer’s employees within the preceding 12-month period, and no other labor organization is currently certified as the representative of the primary employer’s employees. Nothing contained in this subdivision (d) shall be construed to prohibit publicity, including picketing, which may not be prohibited under the United States Constitution or the California Constitution. Nor shall anything in this subdivision (d) be construed to apply or be applicable to any labor organization in its representation of workers who are not agricultural employees. Any such labor organization shall continue to be governed in its intrastate activities for nonagricultural workers by Section 923 and applicable judicial precedents. (e) To require of employees covered by an agreement authorized under subdivision (c) of Section 1153 the payment, as a condition precedent to becoming a member of such organization, of a fee in an amount which the board finds excessive or discriminatory under all circumstances. In making such a finding, the board shall consider, among other relevant factors, the practices and customs of labor organizations in the agriculture industry and the wages currently paid to the employees affected. (f) To cause or attempt to cause an agricultural employer to pay or deliver, or agree to pay or deliver, any money or other thing of value, in the nature of an exaction, for services which are not performed or not to be performed. (g) To picket or cause to be picketed, or threaten to picket or cause to be picketed, any employer where an object thereof is either forcing or requiring an employer to recognize or bargain with a labor organization as the representative of his employees, or forcing or requiring the employees of an employer to accept or select such labor organization as their collective-bargaining representative, unless such labor organization is currently certified as the representative of such employees, in any of the following cases: (1) Where the employer has lawfully recognized in accordance with this part any other labor organization and a question concerning representation may not appropriately be raised under Section 1156.3. (2) Where within the preceding 12 months a valid election under Chapter 5 (commencing with Section 1156) of this part has been conducted. Nothing in this subdivision shall be construed to prohibit any picketing or other publicity for the purpose of truthfully advising the public (including consumers) that an employer does not employ members of, or have a contract with, a labor organization, unless an effect of such picketing is to induce any individual employed by any other person in the course of his employment, not to pick up, deliver, or transport any goods or not to perform any services. Nothing in this subdivision (g) shall be construed to permit any act which would otherwise be an unfair labor practice under this section. (h) To picket or cause to be picketed, or threaten to picket or cause to be picketed, any employer where an object thereof is either forcing or requiring an employer to recognize or bargain with the labor organization as a representative of his employees unless such labor organization is currently certified as the collective-bargaining representative of such employees. (i) Nothing contained in this section shall be construed to make unlawful a refusal by any person to enter upon the premises of any agricultural employer, other than his own employer, if the employees of such employer are engaged in a strike ratified or approved by a representative of such employees whom such employer is required to recognize under this part. (Added by Stats. 1975, 3rd Ex. Sess., Ch. 1.)
  166. 1154.5.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 4. Unfair Labor Practices and Regulation of Secondary Boycotts [1153 - 1155.7] ( Chapter 4 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. )

    Verify source ↗

    Labor organizations and the employer may not make agreements that require the employer to stop handling or doing business with other persons, subject to stated exceptions.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 4. Unfair Labor Practices and Regulation of Secondary Boycotts [1153 - 1155.7] ( Chapter 4 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## 1154.5. It shall be an unfair labor practice for any labor organization which represents the employees of the employer and such employer to enter into any contract or agreement, express or implied, whereby such employer ceases or refrains, or agrees to cease or refrain, from handling, using, selling, transporting, or otherwise dealing in any of the products of any other employer, or to cease doing business with any other person, and any contract or agreement entered into heretofore or hereafter containing such an agreement shall be, to such extent, unenforceable and void. Nothing in this section shall apply to an agreement between a labor organization and an employer relating to a supplier of an ingredient or ingredients which are integrated into a product produced or distributed by such employer where the labor organization is certified as the representative of the employees of such supplier, but no collective-bargaining agreement between such supplier and such labor organization is in effect. Further, nothing in this section shall apply to an agreement between a labor organization and an agricultural employer relating to the contracting or subcontracting of work to be done at the site of the farm and related operations. Nothing in this part shall prohibit the enforcement of any agreement which is within the foregoing exceptions. Nor shall anything in this section be construed to apply or be applicable to any labor organization in its representation of workers who are not agricultural employees. Any such labor organization shall continue to be governed in its intrastate activities for nonagricultural workers by Section 923 and applicable judicial precedents. (Added by Stats. 1975, 3rd Ex. Sess., Ch. 1.)
  167. 1154.6.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 4. Unfair Labor Practices and Regulation of Secondary Boycotts [1153 - 1155.7] ( Chapter 4 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. )

    Verify source ↗

    An employer, labor organization, or their agents must not willfully arrange for people to become employees mainly so they can vote in elections.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 4. Unfair Labor Practices and Regulation of Secondary Boycotts [1153 - 1155.7] ( Chapter 4 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## 1154.6. It shall be an unfair labor practice for an employer or labor organization, or their agents, willfully to arrange for persons to become employees for the primary purpose of voting in elections. (Added by Stats. 1975, 3rd Ex. Sess., Ch. 1.)
  168. 1155.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 4. Unfair Labor Practices and Regulation of Secondary Boycotts [1153 - 1155.7] ( Chapter 4 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. )

    Verify source ↗

    Expressing views, arguments, or opinions is not evidence of an unfair labor practice if it includes no threat of reprisal or force, and no promise of benefit.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 4. Unfair Labor Practices and Regulation of Secondary Boycotts [1153 - 1155.7] ( Chapter 4 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## 1155. The expressing of any views, arguments, or opinions, or the dissemination thereof, whether in written, printed, graphic, or visual form, shall not constitute evidence of an unfair labor practice under the provisions of this part, if such expression contains no threat of reprisal or force, or promise of benefit. (Added by Stats. 1975, 3rd Ex. Sess., Ch. 1.)
  169. 1155.2.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 4. Unfair Labor Practices and Regulation of Secondary Boycotts [1153 - 1155.7] ( Chapter 4 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. )

    Verify source ↗

    Agricultural employers and employee representatives must bargain in good faith, but neither side must agree to a proposal or make a concession.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 4. Unfair Labor Practices and Regulation of Secondary Boycotts [1153 - 1155.7] ( Chapter 4 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## 1155.2. (a) For purposes of this part, to bargain collectively in good faith is the performance of the mutual obligation of the agricultural employer and the representative of the agricultural employees to meet at reasonable times and confer in good faith with respect to wages, hours, and other terms and conditions of employment, or the negotiation of an agreement, or any questions arising thereunder, and the execution of a written contract incorporating any agreement reached if requested by either party, but such obligation does not compel either party to agree to a proposal or require the making of a concession. (b) Upon the filing by any person of a petition not earlier than the 90th day nor later than the 60th day preceding the expiration of the 12-month period following initial certification, the board shall determine whether an employer has bargained in good faith with the currently certified labor organization. If the board finds that the employer has not bargained in good faith, it may extend the certification for up to one additional year, effective immediately upon the expiration of the previous 12-month period following initial certification. (Added by Stats. 1975, 3rd Ex. Sess., Ch. 1.)
  170. 1155.3.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 4. Unfair Labor Practices and Regulation of Secondary Boycotts [1153 - 1155.7] ( Chapter 4 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. )

    Verify source ↗

    If an agricultural collective-bargaining contract is being ended or changed, the party seeking the change must give notice, meet and confer, notify the California Conciliation Service if there is still a dispute, and keep the contract in force during the stated period.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 4. Unfair Labor Practices and Regulation of Secondary Boycotts [1153 - 1155.7] ( Chapter 4 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## 1155.3. (a) Where there is in effect a collective-bargaining contract covering agricultural employees, the duty to bargain collectively shall also mean that no party to such contract shall terminate or modify such contract, unless the party desiring such termination or modification does all of the following: (1) Serves a written notice upon the other party to the contract of the proposed termination or modification not less than 60 days prior to the expiration date thereof, or, in the event such contract contains no expiration date, 60 days prior to the time it is proposed to make such termination or modification. (2) Offers to meet and confer with the other party for the purpose of negotiating a new contract or a contract containing the proposed modifications. (3) Notifies the Conciliation Service of the State of California within 30 days after such notice of the existence of a dispute, provided no agreement has been reached by that time. (4) Continues in full force and effect, without resorting to strike or lockout, all the terms and conditions of the existing contract, for a period of 60 days after such notice is given, or until the expiration date of such contract, whichever occurs later. (b) The duties imposed upon agricultural employers and labor organizations by paragraphs (2), (3), and (4) of subdivision (a) shall become inapplicable upon an intervening certification of the board that the labor organization or individual which is a party to the contract has been superseded as, or has ceased to be the representative of the employees, subject to the provisions of Chapter 5 (commencing with Section 1156) of this part, and the duties so imposed shall not be construed to require either party to discuss or agree to any modification of the terms and conditions contained in a contract for a fixed period, if such modification is to become effective before such terms and conditions can be reopened under the provisions of the contract. Any agricultural employee who engages in a strike within the 60-day period specified in this section shall lose his status as an agricultural employee of the agricultural employer engaged in the particular labor dispute, for the purposes of Section 1153 to 1154 inclusive, and Chapters 5 (commencing with Section 1156) and 6 (commencing with Section 1160) of this part, but such loss of status for such employee shall terminate if and when he is reemployed by such employer. (Added by Stats. 1975, 3rd Ex. Sess., Ch. 1.)
  171. 1155.4.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 4. Unfair Labor Practices and Regulation of Secondary Boycotts [1153 - 1155.7] ( Chapter 4 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. )

    Verify source ↗

    Certain agricultural employers and related agents must not give money or anything of value to employee representatives, agricultural labor organizations, or certain employees for influence purposes.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 4. Unfair Labor Practices and Regulation of Secondary Boycotts [1153 - 1155.7] ( Chapter 4 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## 1155.4. It shall be unlawful for any agricultural employer or association of agricultural employers, or any person who acts as a labor relations expert, adviser, or consultant to an agricultural employer, or who acts in the interest of an agricultural employer, to pay, lend, or deliver, any money or other thing of value to any of the following: (a) Any representative of any of his agricultural employees. (b) Any agricultural labor organization, or any officer or employee thereof, which represents, seeks to represent, or would admit to membership, any of the agricultural employees of such employer. (c) Any employee or group or committee of employees of such employer in excess of their normal compensation for the purpose of causing such employee or group or committee directly or indirectly to influence any other employees in the exercise of the right to organize and bargain collectively through representatives of their own choosing. (d) Any officer or employee of an agricultural labor organization with intent to influence him in respect to any of his actions, decisions, or duties as a representative of agricultural employees or as such officer or employee of such labor organization. (Added by Stats. 1975, 3rd Ex. Sess., Ch. 1.)
  172. 1155.5.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 4. Unfair Labor Practices and Regulation of Secondary Boycotts [1153 - 1155.7] ( Chapter 4 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. )

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    A person may not request, demand, receive, accept, or agree to receive or accept any payment, loan, or other thing of value that Section 1155.4 prohibits.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 4. Unfair Labor Practices and Regulation of Secondary Boycotts [1153 - 1155.7] ( Chapter 4 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## 1155.5. It shall be unlawful for any person to request, demand, receive, or accept, or agree to receive or accept, any payment, loan, or delivery of any money or other thing of value prohibited by Section 1155.4. (Added by Stats. 1975, 3rd Ex. Sess., Ch. 1.)
  173. 1155.6.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 4. Unfair Labor Practices and Regulation of Secondary Boycotts [1153 - 1155.7] ( Chapter 4 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. )

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    Section 1155.6 says Sections 1155.4 and 1155.5 do not apply to matters covered by subsection (c) of Section 186 of Title 29 of the U.S. Code.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 4. Unfair Labor Practices and Regulation of Secondary Boycotts [1153 - 1155.7] ( Chapter 4 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## 1155.6. Nothing in Section 1155.4 or 1155.5 shall apply to any matter set forth in subsection (c) of Section 186 of Title 29 of the United States Code. (Added by Stats. 1975, 3rd Ex. Sess., Ch. 1.)
  174. 1155.7.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 4. Unfair Labor Practices and Regulation of Secondary Boycotts [1153 - 1155.7] ( Chapter 4 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. )

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    This chapter does not apply to a labor organization when it represents workers who are not agricultural employees.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 4. Unfair Labor Practices and Regulation of Secondary Boycotts [1153 - 1155.7] ( Chapter 4 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## 1155.7. Nothing in this chapter shall be construed to apply or be applicable to any labor organization in its representation of workers who are not agricultural employees. Any such labor organization shall continue to be governed in its intrastate activities for nonagricultural workers by Section 923 and applicable judicial precedents. (Added by Stats. 1975, 3rd Ex. Sess., Ch. 1.)
  175. 1156.2.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 5. Labor Representatives and Elections [1156 - 1159] ( Chapter 5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. )

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    The bargaining unit is all agricultural employees of an employer, and if those employees work in two or more noncontiguous areas, the board must determine the appropriate unit or units for a secret ballot election.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 5. Labor Representatives and Elections [1156 - 1159] ( Chapter 5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## 1156.2. The bargaining unit shall be all the agricultural employees of an employer. If the agricultural employees of the employer are employed in two or more noncontiguous geographical areas, the board shall determine the appropriate unit or units of agricultural employees in which a secret ballot election shall be conducted. (Added by Stats. 1975, 3rd Ex. Sess., Ch. 1.)
  176. 1156.3.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 5. Labor Representatives and Elections [1156 - 1159] ( Chapter 5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. )

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    This section lets qualified agricultural employees or labor organizations file a petition for a representation election, and requires the board to investigate, hold or schedule elections, provide ballots in English and Spanish, and certify or decertify elections based on the stated rules.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 5. Labor Representatives and Elections [1156 - 1159] ( Chapter 5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## 1156.3. (a) A petition that is either signed by, or accompanied by authorization cards signed by, a majority of the currently employed employees in the bargaining unit may be filed by an agricultural employee or group of agricultural employees, or any individual or labor organization acting on behalf of those agricultural employees, in accordance with any rules and regulations prescribed by the board. The petition shall allege all of the following: (1) That the number of agricultural employees currently employed by the employer named in the petition, as determined from the employer’s payroll immediately preceding the filing of the petition, is not less than 50 percent of the employer’s peak agricultural employment for the current calendar year. (2) That no valid election pursuant to this section has been conducted among the agricultural employees of the employer named in the petition within the 12 months immediately preceding the filing of the petition. (3) That no labor organization is currently certified as the exclusive collective bargaining representative of the agricultural employees of the employer named in the petition. (4) That the petition is not barred by an existing collective bargaining agreement. (b) Upon receipt of a signed petition, as described in subdivision (a), the board shall immediately investigate the petition. If the board has reasonable cause to believe that a bona fide question of representation exists, it shall direct a representation election by secret ballot to be held, upon due notice to all interested parties and within a maximum of seven days of the filing of the petition. If, at the time the election petition is filed, a majority of the employees in a bargaining unit are engaged in a strike, the board shall, with all due diligence, attempt to hold a secret ballot election within 48 hours of the filing of the petition. The holding of elections under strike circumstances shall take precedence over the holding of other secret ballot elections. (c) The board shall make available at any election held under this chapter ballots printed in English and Spanish. The board may also make available at the election ballots printed in any other language as may be requested by an agricultural labor organization or any agricultural employee eligible to vote under this part. Every election ballot, except ballots in runoff elections where the choice is between labor organizations, shall provide the employee with the opportunity to vote against representation by a labor organization by providing an appropriate space designated “No Labor Organizations.” (d) Any other labor organization shall be qualified to appear on the ballot if it presents authorization cards signed by at least 20 percent of the employees in the bargaining unit at least 24 hours prior to the election. (e) (1) Within five days after an election, any person may file with the board a signed petition asserting that allegations made in the petition filed pursuant to subdivision (a) were incorrect, asserting that the board improperly determined the geographical scope of the bargaining unit, or objecting to the conduct of the election or conduct affecting the results of the election. (2) Upon receipt of a petition under this subdivision, the board, upon due notice, shall conduct a hearing to determine whether the election shall be certified. This hearing may be conducted by an officer or employee of a regional office of the board. The officer may not make any recommendations with respect to the certification of the election. The board may refuse to certify the election if it finds, on the record of the hearing, that any of the assertions made in the petition filed pursuant to this subdivision are correct, that the election was not conducted properly, or that misconduct affecting the results of the election occurred. The board shall certify the election unless it determines that there are sufficient grounds to refuse to do so. (f) Notwithstanding any other provision of law, if the board refuses to certify an election because of employer misconduct that, in addition to affecting the results of the election, would render slight the chances of a new election reflecting the free and fair choice of employees, the labor organization shall be certified as the exclusive bargaining representative for the bargaining unit. (g) If no petition is filed pursuant to subdivision (e) within five days of the election, the board shall certify the election. (h) The board shall decertify a labor organization if either of the following occur: (1) The Civil Rights Department finds that the labor organization engaged in discrimination on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, except as otherwise provided in Section 12940 of the Government Code. (2) The United States Equal Employment Opportunity Commission finds, pursuant to Section 2000e-5 of Title 42 of the United States Code, that the labor organization engaged in discrimination on the basis of race, color, national origin, religion, sex, or any other arbitrary or invidious classification in violation of Subchapter VI of Chapter 21 of Title 42 of the United States Code during the period of the labor organization’s present certification. (i) (1) With regard to elections held pursuant to this section or Section 1156.7, the following time limits apply for action by the board, and agents acting pursuant to authority delegated by the board: (A) (i) The board shall, within 21 days of the filing of election objections or the submittal of evidence in support of challenges to ballots, evaluate the election objections or challenged ballots and issue a decision determining which, if any, must be set for hearing. (ii) The hearing on election objections or challenged ballots set pursuant to clause (i) shall be scheduled to commence within 28 days of the date of the board’s decision to set a hearing. (B) The investigative hearing examiner (IHE) appointed pursuant to Section 1145 shall issue a recommended decision within 60 days of the close of the hearing on the matters described in subparagraph (A). Upon mutual agreement of the parties, the IHE may extend the time period to issue a recommended decision by 30 days. (C) The board shall issue a decision regarding the election objections or challenged ballots within 45 days of receipt of any exceptions to the decision of the IHE. (2) The board may consolidate a challenged ballot hearing with a hearing on objections to an election. (3) The board may grant extensions on the time limits specified in this subdivision upon a showing of good cause or by stipulation of all affected parties. (Amended by Stats. 2022, Ch. 48, Sec. 59. (SB 189) Effective June 30, 2022.)
  177. 1156.37.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 5. Labor Representatives and Elections [1156 - 1159] ( Chapter 5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. )

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    This section sets out how a labor organization can seek certification as the exclusive representative through a Majority Support Petition, and what the board, employer, and labor organization must do during that process.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 5. Labor Representatives and Elections [1156 - 1159] ( Chapter 5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## 1156.37. (a) A labor organization may become the exclusive representative for the agricultural employees of an appropriate bargaining unit for purposes of collective bargaining with respect to rates of pay, wages, hours of employment, or other conditions of employment by filing a Majority Support Petition with the board alleging that a majority of the employees in the bargaining unit wish to be represented by that organization. The petition shall describe the geographical area that constitutes the unit claimed to be appropriate and shall be accompanied by proof of majority support, through authorization cards, petitions, or other appropriate proof of majority support. Only labor organizations that have filed LM-2 forms for the preceding two years with the federal government and have a collective bargaining agreement covering agricultural employees as defined in Section 1140.4 as of the effective date of this section may file a Majority Support Petition. (b) A labor organization that wishes to represent a particular bargaining unit, as described in Section 1156.2, may be certified as that unit’s bargaining representative by submitting to the board a Majority Support Petition. The petition shall allege all of the following: (1) That the number of agricultural employees currently employed by the employer named in the Majority Support Petition, as determined from the employer’s payroll immediately preceding the filing of the Majority Support Petition, is not less than 50 percent of the employer’s peak agricultural employment for the current calendar year. (2) That no valid election has been conducted among the agricultural employees of the employer named in the Majority Support Petition within the 12 months immediately preceding the filing of the petition. (3) That the Majority Support Petition is not barred by an existing collective bargaining agreement. (c) The Majority Support Petition described in subdivision (b) shall be supported by a proof of majority support, through authorization cards, petitions, or other appropriate proof of majority support of the currently employed employees, as determined from the employer’s payroll immediately preceding the filing of the Majority Support Petition. The showing of support shall be submitted together with the Majority Support Petition. (d) A labor organization submitting a Majority Support Petition shall personally serve the petition on the employer on the same day that the petition is filed with the board. Within 48 hours after the petition is served, the employer shall file with the board, and personally serve upon the labor organization that filed the petition, its response to the petition. As part of the response, the employer shall provide a complete and accurate list of the full names, current street addresses, telephone numbers, job classifications, and crew or department of all currently employed employees in the bargaining unit employed as of the payroll period immediately preceding the filing of the petition. The employer shall organize the employees’ names and addresses and other information by crew or department and shall provide the list to the board and petitioning labor organization in hardcopy and electronic format. The employee’s first name, middle name or initial, last name, address, city, state, ZIP Code, telephone number, classification, and crew or department shall be organized into separate columns. Immediately upon receiving the employer response and employee list, the board shall provide the response and employee list by hardcopy and electronic copy to the labor organization that filed the Majority Support Petition. (e) (1) Upon receipt of a Majority Support Petition, the board shall immediately commence an investigation regarding the validity of the petition and the proof of support submitted. Within five days of receipt of the petition, the board shall make an administrative determination as to whether the requirements set forth in subdivision (b) are met by the petition and whether the labor organization submitting the petition has provided proof of majority support. In making this determination, the board shall compare the names on the proof of support submitted by the labor organization to the names on the list of currently employed employees provided by the employer. The board shall ignore discrepancies between the employee’s name listed on the proof of support and the employee’s name on the employer’s list if the preponderance of the evidence, such as the employee’s address, the name of the employee’s foreman or forewoman, or evidence submitted by the labor organization or employee shows that the employee who signed the proof of support is the same person as the employee on the employer’s list. (2) The board shall return proof of majority support that it finds invalid to the labor organization that filed the Majority Support Petition, with an explanation as to why each proof of support was found to be invalid. To protect the confidentiality of the employees whose names are on authorization cards or a petition, the board’s determination of whether a particular proof of support is valid shall be final and not subject to appeal or review. (3) If the board determines that the labor organization has submitted proof of majority support and met the requirements set forth in this section, it shall immediately certify the labor organization as the exclusive bargaining representative of the employees in the bargaining unit. An employer’s duty to bargain with the labor organization commences immediately after the labor organization is certified. (4) If the board determines that the labor organization has not submitted the requisite proof of majority support, the board shall notify the labor organization of the deficiency and grant the labor organization 30 days from the date it is notified to submit additional support. (f) (1) Within five days after the board certifies a labor organization through a majority support election, any person may file with the board a petition objecting to the certification on one or more of the following grounds: (A) Allegations in the Majority Support Petition were false. (B) The board improperly determined the geographical scope of the bargaining unit. (C) The majority support election was conducted improperly. (D) Improper conduct affected the results of the majority support election. (2) Upon receipt of a petition objecting to certification, the board may administratively rule on the petitioner’s objections or may choose to conduct a hearing to rule on the petitioner’s objections. If the board decides to conduct a hearing on the objections, it shall mail a notice of the time and place of the hearing to the petitioner and the labor organization whose certification is being challenged. The board shall conduct the hearing within 14 days of the filing of an objection, unless an extension is agreed to by the labor organization. If the board finds at the hearing that any of the allegations in the petition of the grounds set forth in paragraph (1) are true, the board shall revoke the certification issued under subdivision (e). (3) The filing of a petition objecting to a majority support election certification shall not diminish the duty to bargain or delay the running of the 90-day period or 60-day period set forth in subdivision (a) of Section 1164. (g) The board shall not permit the filing of any other election petition once a Majority Support Petition is filed until the board determines whether the labor organization filing the Majority Support Petition should be certified. (h) Once a labor organization has filed a Majority Support Petition, no other Majority Support Petition shall be considered by the board with the same agricultural employer until the board determines whether the labor organization that filed the pending Majority Support Petition should be certified. However, the board may consider a second Majority Support Petition if the second petition alleges that the first petition was filed because of the employer’s unlawful assistance, support, creation, or domination of the labor organization that filed the first petition. In those cases, the board shall expedite its investigation of the matter and render a decision on certification within three months of the filing of the first petition. If the board finds that a labor organization was unlawfully assisted, supported, created, or dominated by an employer, that labor organization’s petition shall be dismissed and the second petition shall be considered. A labor peace agreement shall not be deemed unlawful by virtue of the fact that it was entered into pursuant to Section 26051.5 of the Business and Professions Code. Any labor organization that has been illegally assisted, supported, or dominated by an employer shall be disqualified from filing any further petitions with the board for a period of one year. That labor organization’s representatives, agents, or officers shall similarly be disqualified from filing any further petitions with the board for a period of one year. A labor organization assisted, supported, created, or dominated by an employer, along with its representatives, agents, or officers, shall be permanently barred from filing any further petitions. (i) In any case where two or more labor organizations are seeking to represent the same bargaining unit through a Majority Support Petition, the most recent proof of support shall prevail. (j) If an employer commits an unfair labor practice or misconduct, including vote suppression, during a labor organization’s Majority Support Petition campaign, and the employer’s unfair labor practice or misconduct would render slight the chances of a new majority support campaign reflecting the free and fair choice of employees, the labor organization shall be certified by the board as the exclusive bargaining representative for the bargaining unit. For purposes of a finding of an unfair labor practice or misconduct under this part and under this section, a misrepresentation of fact or law by an employer, an employer’s representative, or agent is an unfair labor practice or misconduct whether or not a labor organization has had an opportunity to respond to or correct the misrepresentation. (k) If an employer disciplines, suspends, demotes, lays off, terminates, or otherwise takes adverse action against a worker during a labor organization’s Majority Support Petition campaign, there shall be a presumption that the adverse action was retaliatory. The employer may rebut the presumption if they can provide clear and convincing evidence that the adverse action would have been taken in the absence of the Majority Support Petition campaign. (l) For purposes of Section 1156.5, a certification through Majority Support Petition is a valid election. (m) The number of Majority Support Petitions that result in the certification of a labor organization conducted under this part shall be limited to 75 certifications through January 1, 2028. (n) This section shall remain in effect only until January 1, 2028, and as of that date is repealed. (Repealed and added by Stats. 2023, Ch. 7, Sec. 9. (AB 113) Effective May 15, 2023. Repealed as of January 1, 2028, by its own provisions.)
  178. 1156.4.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 5. Labor Representatives and Elections [1156 - 1159] ( Chapter 5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. )

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    The board may treat a representation or decertification petition as timely only if the employer’s payroll shows 50% of peak agricultural employment for the current calendar year in the payroll period just before filing.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 5. Labor Representatives and Elections [1156 - 1159] ( Chapter 5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## 1156.4. Recognizing that agriculture is a seasonal occupation for a majority of agricultural employees, and wishing to provide the fullest scope for employees’ enjoyment of the rights included in this part, the board shall not consider a representation petition or a petition to decertify as timely filed unless the employer’s payroll reflects 50 percent of the peak agricultural employment for such employer for the current calendar year for the payroll period immediately preceding the filing of the petition. In this connection, the peak agricultural employment for the prior season shall alone not be a basis for such determination, but rather the board shall estimate peak employment on the basis of acreage and crop statistics which shall be applied uniformly throughout the State of California and upon all other relevant data. (Added by Stats. 1975, 3rd Ex. Sess., Ch. 1.)
  179. 1156.6.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 5. Labor Representatives and Elections [1156 - 1159] ( Chapter 5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. )

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    The board may not direct an election in a bargaining unit that is represented by a labor organization certified within the last 12 months, or whose certification was extended under Section 1155.2(b).

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 5. Labor Representatives and Elections [1156 - 1159] ( Chapter 5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## 1156.6. The board shall not direct an election in any bargaining unit which is represented by a labor organization that has been certified within the immediately preceding 12-month period or whose certification has been extended pursuant to subdivision (b) of Section 1155.2. (Added by Stats. 1975, 3rd Ex. Sess., Ch. 1.)
  180. 1156.7.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 5. Labor Representatives and Elections [1156 - 1159] ( Chapter 5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. )

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    Some collective-bargaining agreements can block election petitions, but older agreements cannot. The labor board must investigate qualifying petitions, hold secret-ballot elections, and certify the results.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 5. Labor Representatives and Elections [1156 - 1159] ( Chapter 5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## 1156.7. (a) No collective-bargaining agreement executed prior to the effective date of this chapter shall bar a petition for an election. (b) A collective-bargaining agreement executed by an employer and a labor organization certified as the exclusive bargaining representative of his employees pursuant to this chapter shall be a bar to a petition for an election among such employees for the term of the agreement, but in any event such bar shall not exceed three years, provided that both the following conditions are met: (1) The agreement is in writing and executed by all parties thereto. (2) It incorporates the substantive terms and conditions of employment of such employees. (c) Upon the filing with the board by an employee or group of employees of a petition signed by 30 percent or more of the agricultural employees in a bargaining unit represented by a certified labor organization which is a party to a valid collective-bargaining agreement, requesting that such labor organization be decertified, the board shall conduct an election by secret ballot pursuant to the applicable provisions of this chapter, and shall certify the results to such labor organization and employer. However, such a petition shall not be deemed timely unless it is filed during the year preceding the expiration of a collective-bargaining agreement which would otherwise bar the holding of an election, and when the number of agricultural employees is not less than 50 percent of the employer’s peak agricultural employment for the current calendar year. (d) Upon the filing with the board of a signed petition by an agricultural employee or group of agricultural employees, or any individual or labor organization acting in their behalf, accompanied by authorization cards signed by a majority of the employees in an appropriate bargaining unit, and alleging all the conditions of paragraphs (1), (2), and (3), the board shall immediately investigate such petition and, if it has reasonable cause to believe that a bona fide question of representation exists, it shall direct an election by secret ballot pursuant to the applicable provisions of this chapter: (1) That the number of agricultural employees currently employed by the employer named in the petition, as determined from his payroll immediately preceding the filing of the petition, is not less than 50 percent of his peak agricultural employment for the current calendar year. (2) That no valid election pursuant to this section has been conducted among the agricultural employees of the employer named in the petition within the 12 months immediately preceding the filing thereof. (3) That a labor organization, certified for an appropriate unit, has a collective-bargaining agreement with the employer which would otherwise bar the holding of an election and that this agreement will expire within the next 12 months. (Added by Stats. 1975, 3rd Ex. Sess., Ch. 1.)
  181. 1157.2.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 5. Labor Representatives and Elections [1156 - 1159] ( Chapter 5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. )

    Verify source ↗

    If no ballot choice gets a majority, a runoff must be held between the top two choices.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 5. Labor Representatives and Elections [1156 - 1159] ( Chapter 5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## 1157.2. In any election where none of the choices on the ballot receives a majority, a runoff shall be conducted, the ballot providing for a selection between the two choices receiving the largest and second largest number of valid votes cast in the election. (Added by Stats. 1975, 3rd Ex. Sess., Ch. 1.)
  182. 1157.3.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 5. Labor Representatives and Elections [1156 - 1159] ( Chapter 5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. )

    Verify source ↗

    Employers must keep accurate, current payroll lists with each employee’s name and address, and provide those lists to the board when asked.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 5. Labor Representatives and Elections [1156 - 1159] ( Chapter 5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## 1157.3. Employers shall maintain accurate and current payroll lists containing the names and addresses of all their employees, and shall make such lists available to the board upon request. (Added by Stats. 1975, 3rd Ex. Sess., Ch. 1.)
  183. 1158.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 5. Labor Representatives and Elections [1156 - 1159] ( Chapter 5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. )

    Verify source ↗

    If there is a petition for review, filing it does not stay proceedings under Chapter 6.5.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 5. Labor Representatives and Elections [1156 - 1159] ( Chapter 5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## 1158. Whenever an order of the board made pursuant to Section 1160.3 is based in whole or in part upon the facts certified following an investigation pursuant to Sections 1156.3 to 1157.2, inclusive, and there is a petition for review of the order, the certification and the record of the investigation shall be included in the transcript of the entire record required to be filed under Section 1160.8 and thereupon the decree of the court enforcing, modifying, or setting aside in whole or in part the order of the board shall be made and entered upon the pleadings, testimony, and proceedings set forth in the transcript. The filing of a petition for review described in this section shall not be grounds for a stay of proceedings conducted pursuant to Chapter 6.5 (commencing with Section 1164). (Amended by Stats. 2011, Ch. 697, Sec. 2. (SB 126) Effective January 1, 2012.)
  184. 1159.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 5. Labor Representatives and Elections [1156 - 1159] ( Chapter 5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. )

    Verify source ↗

    Only labor organizations certified under this part may be parties to a legally valid collective-bargaining agreement.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 5. Labor Representatives and Elections [1156 - 1159] ( Chapter 5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## 1159. In order to assure the full freedom of association, self-organization, and designation of representatives of the employees own choosing, only labor organizations certified pursuant to this part shall be parties to a legally valid collective-bargaining agreement. (Added by Stats. 1975, 3rd Ex. Sess., Ch. 1.)
  185. 116.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5. Division of Workers’ Compensation [110 - 139.6] ( Heading of Chapter 5 amended by Stats. 2002, Ch. 6, Sec. 23.5. )

    Verify source ↗

    The appeals board’s seal must be affixed to writs, authenticated copies of records, and other instruments the board directs.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 5. Division of Workers’ Compensation [110 - 139.6] ( Heading of Chapter 5 amended by Stats. 2002, Ch. 6, Sec. 23.5. ) ## 116. The seal of the appeals board bearing the inscription “Workers’ Compensation Appeals Board, Seal” shall be affixed to all writs and authentications of copies of records and to such other instruments as the appeals board directs. (Amended by Stats. 1981, Ch. 21, Sec. 4. Effective April 18, 1981.)
  186. 1160.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 6. Prevention of Unfair Labor Practices and Judicial Review and Enforcement [1160 - 1162] ( Chapter 6 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. )

    Verify source ↗

    The board may prevent any person from engaging in unfair labor practices under this chapter.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 6. Prevention of Unfair Labor Practices and Judicial Review and Enforcement [1160 - 1162] ( Chapter 6 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## 1160. The board is empowered, as provided in this chapter, to prevent any person from engaging in any unfair labor practice, as set forth in Chapter 4 (commencing with Section 1153) of this part. (Added by Stats. 1975, 3rd Ex. Sess., Ch. 1.)
  187. 1160.10.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 6. Prevention of Unfair Labor Practices and Judicial Review and Enforcement [1160 - 1162] ( Chapter 6 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. )

    Verify source ↗

    Employers who commit an unfair labor practice can face civil penalties, and the board can increase or assign penalties in specified cases.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 6. Prevention of Unfair Labor Practices and Judicial Review and Enforcement [1160 - 1162] ( Chapter 6 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## 1160.10. (a) (1) Any employer who commits an unfair labor practice shall, in addition to any remedy ordered by the board, be subject to a civil penalty in an amount not to exceed ten thousand dollars ($10,000) for each violation. (2) In cases involving violations of subdivision (c) or (d) of Section 1153, or involving any violation of Section 1153 that results in the discharge of an employee or other serious economic harm to an employee, the board shall double the amount of the penalty to an amount not to exceed twenty-five thousand dollars ($25,000). (b) In determining the amount of any civil penalty to be imposed under this section, the board shall consider the following: (1) The gravity of the unfair labor practice. (2) The impact of the unfair labor practice on the charging party, on other persons seeking to exercise rights guaranteed by this part, and on the public interest. (3) The financial circumstances of the employer. (c) If the board determines, based on the particular facts and circumstances of a case, that imposing personal liability on a director or officer of an employer, a civil penalty pursuant to this section may also be assessed against a director or officer of the employer who directed or committed the violation, had established a policy that led to the violation, or had actual or constructive knowledge of, and the authority to prevent, the violation and failed to do so. (Added by Stats. 2022, Ch. 673, Sec. 4. (AB 2183) Effective January 1, 2023.)
  188. 1160.11.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 6. Prevention of Unfair Labor Practices and Judicial Review and Enforcement [1160 - 1162] ( Chapter 6 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. )

    Verify source ↗

    An employer challenging a board order for a monetary remedy must first post a bond with the board, and must do so within 30 days of the order.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 6. Prevention of Unfair Labor Practices and Judicial Review and Enforcement [1160 - 1162] ( Chapter 6 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## 1160.11. (a) An employer who petitions for a writ of review of a final board order in the court of appeal or the California Supreme Court pursuant to Section 1160.8, or who otherwise appeals, petitions, or seeks to overturn or stay or modify any order of the board in which the board has ordered the payment of a monetary remedy shall first post a bond with the board in the amount of the entire economic value of the order as determined by the board as a condition to filing a petition for a writ of review or other court filing to ensure that employees receive the benefits of the order if the employer seeking review does not prevail. The employer shall post the bond with the board within 30 days from the date of the issuance of the board’s order. The court shall dismiss any petition for a writ of review or other legal challenge where the petitioning employer did not timely comply with this section. (b) The bond required under this section shall consist of an appeal bond issued by a licensed surety or a cash deposit with the board in the amount specified in subdivision (a) of this section. The employer shall provide written notification to all of the parties of the posting of the bond and shall also provide notice to the court at the time of the filing of the petition for a writ of review or other court filing. The bond shall be on the condition that, if the petition or other court filing is withdrawn, dismissed, or denied or if judgment is otherwise entered against the employer, the employer shall pay the amount owed pursuant to the board’s order, or the judgment of the court if in a different amount, unless the parties have executed a settlement agreement for payment of some other amount, in which case the employer shall pay the amount the employer is obligated to pay under the terms of the settlement agreement. If the employer fails to pay the amount owed within 10 days of finality of the review proceeding or the execution of a settlement agreement, a portion of the bond equal to the amount owed, or the entire bond if the amount owed exceeds the bond, is forfeited to the board for appropriate distribution. (Added by Stats. 2023, Ch. 7, Sec. 15. (AB 113) Effective May 15, 2023.)
  189. 1160.2.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 6. Prevention of Unfair Labor Practices and Judicial Review and Enforcement [1160 - 1162] ( Chapter 6 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. )

    Verify source ↗

    The board may issue and serve a complaint for an alleged unfair labor practice, but not for conduct older than six months unless the armed forces exception applies.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 6. Prevention of Unfair Labor Practices and Judicial Review and Enforcement [1160 - 1162] ( Chapter 6 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## 1160.2. Whenever it is charged that any person has engaged in or is engaging in any such unfair labor practice, the board, or any agent or agency designated by the board for such purposes, shall have power to issue and cause to be served upon such person a complaint stating the charges in that respect, and containing a notice of hearing before the board or a member thereof, or before a designated agency or agencies, at a place therein fixed, not less than five days after the serving of such complaint. No complaint shall issue based upon any unfair labor practice occurring more than six months prior to the filing of the charge with the board and the service of a copy thereof upon the person against whom such charge is made, unless the person aggrieved thereby was prevented from filing such charge by reason of service in the armed forces, in which event the six-month period shall be computed from the day of his discharge. Any such complaint may be amended by the member, agent, or agency conducting the hearing, or the board in its discretion, at any time prior to the issuance of an order based thereon. The person so complained against shall have the right to file an answer to the original or amended complaint and to appear in person or otherwise and give testimony at the place and time fixed in the complaint. In the discretion of the member, agent, or agency conducting the hearing or the board, any other person may be allowed to intervene in the proceeding and to present testimony. Any such proceeding shall, so far as practicable, be conducted in accordance with the Evidence Code. All proceedings shall be appropriately reported. (Added by Stats. 1975, 3rd Ex. Sess., Ch. 1.)
  190. 1160.3.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 6. Prevention of Unfair Labor Practices and Judicial Review and Enforcement [1160 - 1162] ( Chapter 6 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. )

    Verify source ↗

    This section requires hearing testimony to be written and filed with the board, and lets the board issue, modify, or dismiss orders based on the evidence.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 6. Prevention of Unfair Labor Practices and Judicial Review and Enforcement [1160 - 1162] ( Chapter 6 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## 1160.3. The testimony taken by such member, agent, or agency, or the board in such hearing shall be reduced to writing and filed with the board. Thereafter, in its discretion, the board, upon notice, may take further testimony or hear argument. If, upon the preponderance of the testimony taken, the board shall be of the opinion that any person named in the complaint has engaged in or is engaging in any such unfair labor practice, the board shall state its findings of fact and shall issue and cause to be served on such person an order requiring such person to cease and desist from such unfair labor practice, to take affirmative action, including reinstatement of employees with or without backpay, and making employees whole, when the board deems such relief appropriate, for the loss of pay resulting from the employer’s refusal to bargain, and to provide such other relief as will effectuate the policies of this part. Where an order directs reinstatement of an employee, backpay may be required of the employer or labor organization, as the case may be, responsible for the discrimination suffered by the employee. Such order may further require such person to make reports from time to time showing the extent to which it has complied with the order. If, upon the preponderance of the testimony taken, the board shall be of the opinion that the person named in the complaint has not engaged in or is not engaging in any unfair labor practice, the board shall state its findings of fact and shall issue an order dismissing the complaint. No order of the board shall require the reinstatement of any individual as an employee who has been suspended or discharged, or the payment to the employee of any backpay, if such individual was suspended or discharged for cause. In case the evidence is presented before a member of the board, or before an administrative law officer thereof, such member, or such administrative law officer, as the case may be, shall issue and cause to be served on the parties to the proceedings a proposed report, together with a recommended order, which shall be filed with the board, and, if no exceptions are filed within 20 days after service thereof upon such parties, or within such further period as the board may authorize, such recommended order shall become the order of the board and become effective as therein prescribed. If exceptions have been filed and the board issues an order finding that the person named in the complaint has engaged in or is engaging in any unfair labor practice and directing payment of a monetary remedy, the board shall order further proceedings to determine the specific amount of the monetary remedy or, if the monetary remedy is continuing to accrue, the amount accrued as of the date of the board’s order. In these cases, the board’s order does not become final for purposes of Section 1160.8 until the board has issued its determination of the specific amount of the monetary remedy. Until the record in a case shall have been filed in a court, as provided in this chapter, the board may, at any time upon reasonable notice and in such manner as it shall deem proper, modify or set aside, in whole or in part, any finding or order made or issued by it. (Amended by Stats. 2023, Ch. 7, Sec. 14. (AB 113) Effective May 15, 2023.)
  191. 1160.4.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 6. Prevention of Unfair Labor Practices and Judicial Review and Enforcement [1160 - 1162] ( Chapter 6 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. )

    Verify source ↗

    The board may ask the superior court for temporary relief or a restraining order if it has reasonable cause to believe an unfair labor practice is occurring, and certain orders cannot be stayed on appeal.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 6. Prevention of Unfair Labor Practices and Judicial Review and Enforcement [1160 - 1162] ( Chapter 6 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## 1160.4. (a) The board may, upon finding reasonable cause to believe that any person has engaged in or is engaging in an unfair labor practice, petition the superior court in any county wherein the unfair labor practice in question is alleged to have occurred, or wherein the person resides or transacts business, for appropriate temporary relief or restraining order. Upon the filing of the petition, the board shall cause notice thereof to be served upon the person, and thereupon the court shall have jurisdiction to grant to the board such temporary relief or restraining order as the court deems just and proper. (b) (1) In addition to any harm resulting directly from an adverse employment action or other allegedly unlawful action, the court shall consider the indirect effect upon protected rights of all agricultural employees of the employer in determining whether temporary relief or a restraining order is just and proper. (2) When the alleged unfair labor practice is such that, by its nature, it would interfere with the free choice of employees to choose or not choose an exclusive bargaining representative, appropriate temporary relief or a restraining order shall issue on a showing that reasonable cause exists to believe that the unfair labor practice has occurred. The order shall remain in effect until an election has been held or for 30 days, whichever occurs first. Thereafter, a preliminary injunction may issue if it is shown to be just and proper. (c) Notwithstanding Section 916 of the Code of Civil Procedure, temporary relief or restraining orders granted pursuant to this section shall not be stayed pending appeal. (Amended by Stats. 2011, Ch. 697, Sec. 3. (SB 126) Effective January 1, 2012.)
  192. 1160.5.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 6. Prevention of Unfair Labor Practices and Judicial Review and Enforcement [1160 - 1162] ( Chapter 6 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. )

    Verify source ↗

    When an unfair labor practice charge is filed, the board must hear and decide the dispute unless the parties submit evidence within 10 days that they have settled it or agreed on voluntary adjustment methods.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 6. Prevention of Unfair Labor Practices and Judicial Review and Enforcement [1160 - 1162] ( Chapter 6 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## 1160.5. Whenever it is charged that any person has engaged in an unfair labor practice within the meaning of paragraph (4) of subdivision (d) of Section 1154, the board is empowered and directed to hear and determine the dispute out of which such unfair labor practice shall have arisen, unless within 10 days after notice that such charge has been filed, the parties to such dispute submit to the board satisfactory evidence that they have adjusted, or agreed upon methods for the voluntary adjustment of the dispute. Upon compliance by the parties to the dispute with the decision of the board or upon such voluntary adjustment of the dispute, such charge shall be dismissed. (Added by Stats. 1975, 3rd Ex. Sess., Ch. 1.)
  193. 1160.6.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 6. Prevention of Unfair Labor Practices and Judicial Review and Enforcement [1160 - 1162] ( Chapter 6 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. )

    Verify source ↗

    When an unfair labor practice charge is filed, the investigation must be handled promptly and first, and the officer or regional attorney may seek injunctive relief from the superior court if there is reasonable cause. The officer or regional attorney must try to give 24 hours’ advance notice before seeking a restraining order, or explain the efforts made in a declaration if notice was not possible.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 6. Prevention of Unfair Labor Practices and Judicial Review and Enforcement [1160 - 1162] ( Chapter 6 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## 1160.6. Whenever it is charged that any person has engaged in an unfair labor practice within the meaning of paragraph (1), (2), or (3) of subdivision (d), or of subdivision (g), of Section 1154, or of Section 1155, the preliminary investigation of such charge shall be made forthwith and given priority over all other cases except cases of like character in the office where it is filed or to which it is referred. If, after such investigation, the officer or regional attorney to whom the matter may be referred has reasonable cause to believe such charge is true and that a complaint should issue, he shall, on behalf of the board, petition the superior court in the county in which the unfair labor practice in question has occurred, is alleged to have occurred, or where the person alleged to have committed the unfair labor practice resides or transacts business, for appropriate injunctive relief pending the final adjudication of the board with respect to the matter. The officer or regional attorney shall make all reasonable efforts to advise the party against whom the restraining order is sought of his intention to seek such order at least 24 hours prior to doing so. In the event the officer or regional attorney has been unable to advise such party of his intent at least 24 hours in advance, he shall submit a declaration to the court under penalty of perjury setting forth in detail the efforts he has made. Upon the filing of any such petition, the superior court shall have jurisdiction to grant such injunctive relief or temporary restraining order as it deems just and proper. Upon the filing of any such petition, the board shall cause notice thereof to be served upon any person involved in the charge and such person, including the charging party, shall be given an opportunity to appear by counsel and present any relevant testimony. For the purposes of this section, the superior court shall be deemed to have jurisdiction of a labor organization either in the county in which such organization maintains its principal office, or in any county in which its duly authorized officers or agents are engaged in promoting or protecting the interests of employee members. The service of legal process upon such officer or agent shall constitute service upon the labor organization and make such organization a party to the suit. In situations where such relief is appropriate, the procedure specified herein shall apply to charges with respect to paragraph (4) of subdivision (d) of Section 1154. (Added by Stats. 1975, 3rd Ex. Sess., Ch. 1.)
  194. 1160.7.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 6. Prevention of Unfair Labor Practices and Judicial Review and Enforcement [1160 - 1162] ( Chapter 6 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. )

    Verify source ↗

    Certain unfair labor practice charges must be given priority over other cases.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 6. Prevention of Unfair Labor Practices and Judicial Review and Enforcement [1160 - 1162] ( Chapter 6 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## 1160.7. Whenever it is charged that any person has engaged in an unfair labor practice within the meaning of subdivision (c) of Section 1153 or subdivision (b) of Section 1154, such charge shall be given priority over all other cases except cases of like character in the office where it is filed or to which it is referred and cases given priority under Section 1160.6. (Added by Stats. 1975, 3rd Ex. Sess., Ch. 1.)
  195. 1160.8.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 6. Prevention of Unfair Labor Practices and Judicial Review and Enforcement [1160 - 1162] ( Chapter 6 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. )

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    A person aggrieved by a final board order may seek review in the court of appeal by filing a written petition within 30 days. The board must then file the certified record within 10 days after the clerk’s notice unless the court extends time for good cause. If review time has expired and there is no voluntary compliance, the board may seek enforcement in superior court.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 6. Prevention of Unfair Labor Practices and Judicial Review and Enforcement [1160 - 1162] ( Chapter 6 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## 1160.8. Any person aggrieved by the final order of the board granting or denying in whole or in part the relief sought may obtain a review of such order in the court of appeal having jurisdiction over the county wherein the unfair labor practice in question was alleged to have been engaged in, or wherein such person resides or transacts business, by filing in such court a written petition requesting that the order of the board be modified or set aside. Such petition shall be filed with the court within 30 days from the date of the issuance of the board’s order. Upon the filing of such petition, the court shall cause notice to be served upon the board and thereupon shall have jurisdiction of the proceeding. The board shall file in the court the record of the proceeding, certified by the board within 10 days after the clerk’s notice unless such time is extended by the court for good cause shown. The court shall have jurisdiction to grant to the board such temporary relief or restraining order it deems just and proper and in like manner to make and enter a decree enforcing, modifying and enforcing as so modified, or setting aside in whole or in part, the order of the board. The findings of the board with respect to questions of fact if supported by substantial evidence on the record considered as a whole shall in like manner be conclusive. An order directing an election shall not be stayed pending review, but such order may be reviewed as provided in Section 1158. If the time for review of the board order has lapsed, and the person has not voluntarily complied with the board’s order, the board may apply to the superior court in any county in which the unfair labor practice occurred or wherein such person resides or transacts business for enforcement of its order. If after hearing, the court determines that the order was issued pursuant to procedures established by the board and that the person refuses to comply with the order, the court shall enforce such order by writ of injunction or other proper process. The court shall not review the merits of the order. (Added by Stats. 1975, 3rd Ex. Sess., Ch. 1.)
  196. 1160.9.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 6. Prevention of Unfair Labor Practices and Judicial Review and Enforcement [1160 - 1162] ( Chapter 6 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. )

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    The procedures in this chapter are the exclusive way to redress unfair labor practices.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 6. Prevention of Unfair Labor Practices and Judicial Review and Enforcement [1160 - 1162] ( Chapter 6 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## 1160.9. The procedures set forth in this chapter shall be the exclusive method of redressing unfair labor practices. (Added by Stats. 1975, 3rd Ex. Sess., Ch. 1.)
  197. 1161.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 6. Prevention of Unfair Labor Practices and Judicial Review and Enforcement [1160 - 1162] ( Chapter 6 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. )

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    This section creates the Agricultural Employee Relief Fund, gives the board control over it, and requires the board to collect, remit, deposit, use, and report on monetary relief payments under specified conditions.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 6. Prevention of Unfair Labor Practices and Judicial Review and Enforcement [1160 - 1162] ( Chapter 6 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## 1161. (a) The Agricultural Employee Relief Fund is hereby created as a special fund in the State Treasury and is continuously appropriated to the Agricultural Labor Relations Board for the purposes specified in subdivision (c). The board shall act as a trustee of all moneys deposited in the fund. (b) Any monetary relief ordered by the board pursuant to this part to be paid by an employer to an employee shall be collected by the board on behalf of the employee. All monetary relief so collected by the board shall be remitted to the employee for whom the board collected the money. (c) (1) Notwithstanding Section 1519 of the Code of Civil Procedure, if the board has made a diligent effort to locate an employee on whose behalf the board has collected monetary relief pursuant to this part, and is unable to locate the employee or the lawful representative of the employee for a period of two years after the date the board collected the monetary relief, the board shall deposit those moneys in the fund. (2) Moneys in the fund shall be used by the board to pay employees the unpaid balance of any monetary relief ordered by the board to be paid by an employer to an employee. Prior to making any payment from the fund, the board first shall make a finding that, in an individual case, the collection of the full amount of the monetary relief ordered is not possible after reasonable efforts have been made to collect the balance from the employer. (d) As used in this section, “fund” means the Agricultural Employee Relief Fund. (e) On or before July 1, 2002, the board shall report to the Legislature on the status of the fund. (Amended by Stats. 2002, Ch. 664, Sec. 160. Effective January 1, 2003.)
  198. 1162.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 6. Prevention of Unfair Labor Practices and Judicial Review and Enforcement [1160 - 1162] ( Chapter 6 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. )

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    An employer seeking review or a stay of certain board orders must post a bond and notify the parties in writing.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 6. Prevention of Unfair Labor Practices and Judicial Review and Enforcement [1160 - 1162] ( Chapter 6 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## 1162. (a) An employer who petitions for a writ of review in a court of appeal or the California Supreme Court or otherwise appeals, petitions, or seeks to overturn or stay or modify any order of the board under this part involving make-whole, backpay, or other monetary award or economic benefit to employees or a labor organization shall, as a condition to seeking review, appeal, modification, or stay, post a bond, in the amount of the entire economic value of the order as determined by the board, to ensure that employees or the labor organization receive the benefits of the order if the employer does not prevail. (b) The bond shall consist of an appeal bond issued by a licensed surety or a cash deposit with the board in the amount of the order, decision, or award. The employer shall provide written notification to all of the parties of the posting of the bond. The bond shall be on the condition that, if any judgment is entered against the employer, the employer shall pay the amount owed pursuant to the judgment, and if the appeal, petition, or action is withdrawn or dismissed without entry of judgment, the employer shall pay the amount owed pursuant to the order, decision, or award of the board unless the parties have executed a settlement agreement for payment of some other amount, in which case the employer shall pay the amount that the employer is obligated to pay under the terms of the settlement agreement. If the employer fails to pay the amount owed within 10 days of entry of the judgment, dismissal, or withdrawal of the appeal, or the execution of a settlement agreement, the bond is forfeited to the employee or employees or labor organization. (Added by Stats. 2022, Ch. 673, Sec. 5. (AB 2183) Effective January 1, 2023.)
  199. 1164.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 6.5. Contract Dispute Resolution [1164 - 1164.13] ( Chapter 6.5 added by Stats. 2002, Ch. 1145, Sec. 2. )

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    In certain agricultural labor disputes, eligible parties may ask the board for mandatory mediation and conciliation, and the board must start that process once it receives the declaration.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 6.5. Contract Dispute Resolution [1164 - 1164.13] ( Chapter 6.5 added by Stats. 2002, Ch. 1145, Sec. 2. ) ## 1164. (a) An agricultural employer or a labor organization certified as the exclusive bargaining agent of a bargaining unit of agricultural employees may file with the board, at any time following (1) 90 days after a renewed demand to bargain by an agricultural employer or a labor organization certified prior to January 1, 2003, which meets the conditions specified in Section 1164.11, (2) 90 days after an initial request to bargain by an agricultural employer or a labor organization certified after January 1, 2003, (3) 60 days after the board has certified the labor organization pursuant to subdivision (f) of Section 1156.3, or (4) 60 days after the board has dismissed a decertification petition upon a finding that the employer has unlawfully initiated, supported, sponsored, or assisted in the filing of a decertification petition a declaration that the parties have failed to reach a collective bargaining agreement and a request that the board issue an order directing the parties to mandatory mediation and conciliation of their issues. “Agricultural employer,” for purposes of this chapter, means an agricultural employer, as defined in subdivision (c) of Section 1140.4, who has employed or engaged 25 or more agricultural employees during any calendar week in the year preceding the filing of a declaration pursuant to this subdivision. (b) Upon receipt of a declaration pursuant to subdivision (a), the board shall immediately issue an order directing the parties to mandatory mediation and conciliation of their issues. The board shall request from the California State Mediation and Conciliation Service a list of nine mediators who have experience in labor mediation. The California State Mediation and Conciliation Service may include names chosen from its own mediators, or from a list of names supplied by the American Arbitration Association or the Federal Mediation Service. The parties shall select a mediator from the list within seven days of receipt of the list. If the parties cannot agree on a mediator, they shall strike names from the list until a mediator is chosen by process of elimination. If a party refuses to participate in selecting a mediator, the other party may choose a mediator from the list. The costs of mediation and conciliation shall be borne equally by the parties. (c) Upon appointment, the mediator shall immediately schedule meetings at a time and location reasonably accessible to the parties. Mediation shall proceed for a period of 30 days. Upon expiration of the 30-day period, if the parties do not resolve the issues to their mutual satisfaction, the mediator shall certify that the mediation process has been exhausted. Upon mutual agreement of the parties, the mediator may extend the mediation period for an additional 30 days. (d) Within 21 days, the mediator shall file a report with the board that resolves all of the issues between the parties and establishes the final terms of a collective bargaining agreement, including all issues subject to mediation and all issues resolved by the parties prior to the certification of the exhaustion of the mediation process. The report shall also include a statement of the entire economic value of the collective bargaining agreement as determined by stipulation of the parties or by the mediator. With respect to any issues in dispute between the parties, the report shall include the basis for the mediator’s determination. The mediator’s determination shall be supported by the record. (e) In resolving the issues in dispute, the mediator may consider those factors commonly considered in similar proceedings, including: (1) The stipulations of the parties. (2) The financial condition of the employer and its ability to meet the costs of the contract in those instances where the employer claims an inability to meet the union’s wage and benefit demands. (3) The corresponding wages, benefits, and terms and conditions of employment in other collective bargaining agreements covering similar agricultural operations with similar labor requirements. (4) The corresponding wages, benefits, and terms and conditions of employment prevailing in comparable firms or industries in geographical areas with similar economic conditions, taking into account the size of the employer, the skills, experience, and training required of the employees, and the difficulty and nature of the work performed. (5) The average consumer prices for goods and services according to the California Consumer Price Index, and the overall cost of living, in the area where the work is performed. (Amended by Stats. 2023, Ch. 7, Sec. 16. (AB 113) Effective May 15, 2023.)
  200. 1164.10.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 6.5. Contract Dispute Resolution [1164 - 1164.13] ( Chapter 6.5 added by Stats. 2002, Ch. 1145, Sec. 2. )

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    If review proceedings end with the board’s order affirmed, the agricultural employer and labor organization must immediately implement it. The section also allows either side to request renewed mandatory mediation in limited timing-related situations, with short filing and selection deadlines.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 3.5. AGRICULTURAL LABOR RELATIONS [1140 - 1166.3] ( Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## CHAPTER 6.5. Contract Dispute Resolution [1164 - 1164.13] ( Chapter 6.5 added by Stats. 2002, Ch. 1145, Sec. 2. ) ## 1164.10. (a) At the conclusion of any review proceedings commenced under this chapter in which the board’s order is affirmed, and the terms set forth in the board’s order are not implemented or effective, the agricultural employer and the labor organization shall immediately implement the board’s order if the order has not already been implemented. (b) If a collective bargaining agreement in a mediator’s report adopted as a final board order includes a duration provision setting a term for the agreement that has since expired during the course of any review proceedings, or other provisions that have become outdated or otherwise moot as a result of the passage of time during the course of review proceedings, either the agricultural employer or labor organization may file a request with the board for referral to mandatory mediation and conciliation with the original mediator that decided the disputed issues for purposes of updating those specific provisions. If that mediator is unavailable, the parties may agree to another mediator or the board shall request a list of mediators in accordance with subdivision (b) of Section 1164, and the parties shall be required to select a mediator within 48 hours of receipt of the mediator list, exclusive of weekends or holidays. Any request for referral to mediation shall be filed within 15 days after any judicial review proceedings become final. Any supplemental mandatory mediation and conciliation proceedings provided for in this section shall not extend to any other issues. (c) Mandatory mediation and conciliation proceedings ordered by the board under subdivision (b) shall be in accordance with the provisions of this chapter, as applicable, except as provided in this subdivision. The mediation under this section shall be scheduled within seven days of the selection or reselection of the mediator. For purposes of complying with this seven-day period, the mediation may occur by telephone if so ordered by the mediator and the parties may submit their written positions and evidence electronically to the mediator. The mediator shall have 10 days to issue an order on the issues in dispute. The review provisions contained in Sections 1164.3 and 1164.5 shall apply. (Added by Stats. 2018, Ch. 718, Sec. 3. (AB 2751) Effective January 1, 2019.)

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