Labor Code — Part 2 | LAB — United States — California law | Esheria

Labor Code

Part 2 of 13 · provisions 201–400

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

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About this statute

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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Provisions of Labor Code

Showing 200 of 2,599

  1. 1164.11.

    ## 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 6.5. Contract Dispute Resolution [1164 - 1164.13] ( Chapter 6.5 added by Stats. 2002, Ch. 1145, Sec. 2. )

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    A demand under Section 1164(a)(1) may be made only if the parties have been unable to agree for at least one year after the labor organization’s initial request to bargain, the employer has committed an unfair labor practice, and there was no prior binding contract.

    ## 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. ) ## 1164.11. A demand made pursuant to paragraph (1) of subdivision (a) of Section 1164 may be made only in cases which meet all of the following criteria: (a) the parties have failed to reach agreement for at least one year after the date on which the labor organization made its initial request to bargain, (b) the employer has committed an unfair labor practice, and (c) the parties have not previously had a binding contract between them. (Amended (as added by Stats. 2002, Ch. 1145) by Stats. 2002, Ch. 1146, Sec. 3. Effective January 1, 2003.)
  2. 1164.12.

    ## 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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    A party may not file more than 75 declarations with the board before January 1, 2008.

    ## 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. ) ## 1164.12. To ensure an orderly implementation of the mediation process ordered by this chapter, a party may not file a total of more than 75 declarations with the board prior to January 1, 2008. In calculating the number of declarations so filed, the identity of the other party with respect to whom the declaration is filed, shall be irrelevant. (Amended by Stats. 2003, Ch. 870, Sec. 3. Effective January 1, 2004.)
  3. 1164.13.

    ## 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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    This chapter is severable: if one provision or application is invalid, the rest still stands 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 3.5. 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. ) ## 1164.13. The provisions of this chapter are severable. If any provision of this chapter 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. 2002, Ch. 1145, Sec. 2. Effective January 1, 2003.)
  4. 1164.3.

    ## 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 6.5. Contract Dispute Resolution [1164 - 1164.13] ( Chapter 6.5 added by Stats. 2002, Ch. 1145, Sec. 2. )

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    This section lets either party ask the board to review a mediator’s report within 7 days, requires the petition to specify what is being challenged and why, and sets deadlines for board action, additional mediation, enforcement, and limited stays.

    ## 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. ) ## 1164.3. (a) Either party, within seven days of the filing of the report by the mediator, may petition the board for review of the report. The petitioning party shall, in the petition, specify the particular provisions of the mediator’s report for which it is seeking review by the board and shall specify the specific grounds authorizing review by the board. The board, within 10 days of receipt of a petition, may accept for review those portions of the petition for which a prima facie case has been established that (1) a provision of the collective bargaining agreement set forth in the mediator’s report is unrelated to wages, hours, or other conditions of employment within the meaning of Section 1155.2, (2) a provision of the collective bargaining agreement set forth in the mediator’s report is based on clearly erroneous findings of material fact, or (3) a provision of the collective bargaining agreement set forth in the mediator’s report is arbitrary or capricious in light of the mediator’s findings of fact. (b) If it finds grounds exist to grant review within the meaning of subdivision (a), the board shall order the provisions of the report that are not the subject of the petition for review into effect as a final order of the board. If the board does not accept a petition for review or no petition for review is filed, then the mediator’s report shall become a final order of the board. (c) The board shall issue a decision concerning the petition and if it determines that a provision of the collective bargaining agreement contained in the mediator’s report violates the provisions of subdivision (a), it shall, within 21 days, issue an order requiring the mediator to modify the terms of the collective bargaining agreement. The mediator shall meet with the parties for additional mediation for a period not to exceed 30 days. At the expiration of this mediation period, the mediator shall prepare a second report resolving any outstanding issues and that includes a statement of the entire economic value of the collective bargaining agreement as determined by stipulation of the parties or by the mediator. The second report shall be filed with the board. (d) Either party, within seven days of the filing of the mediator’s second report, may petition the board for a review of the mediator’s second report pursuant to the procedures specified in subdivision (a). If no petition is filed, the mediator’s report shall take immediate effect as a final order of the board. If a petition is filed, the board shall issue an order confirming the mediator’s report and order it into immediate effect, unless it finds that the report is subject to review for any of the grounds specified in subdivision (a), in which case the board shall determine the issues and shall issue a final order of the board. (e) Either party, within seven days of the filing of the report by the mediator, may petition the board to set aside the report if a prima facie case is established that any of the following have occurred: (1) the mediator’s report was procured by corruption, fraud, or other undue means, (2) there was corruption in the mediator, or (3) the rights of the petitioning party were substantially prejudiced by the misconduct of the mediator. For the sole purpose of interpreting the terms of paragraphs (1), (2), and (3), case law that interprets similar terms used in Section 1286.2 of the Code of Civil Procedure shall apply. If the board finds that any of these grounds exist, the board shall within 10 days vacate the report of the mediator and shall order the selection and appointment of a new mediator, and an additional mediation period of 30 days, pursuant to Section 1164. (f) (1) Notwithstanding Section 1164.9, within 60 days after the order of the board takes effect, even if a party seeks to challenge, appeal, overturn, modify, or stay in any manner any order of the board under these provisions, either party or the board may file an action to enforce the order of the board, in the superior court for the County of Sacramento or in the county where either party’s principal place of business is located. (2) To the extent that the board’s decision in Ace Tomato Co., Inc. (2012) 38 ALRB No. 8, states that a party cannot enforce a board order while an appeal or challenge to the board order in any form is pending, this section abrogates that decision. During the pendency of any challenge, appeal, writ of review, or other action seeking to modify or overturn a board order, the parties shall be required to implement the terms of the board’s order immediately upon issuance of the order. (3) No final order of the board shall be stayed during any review under this chapter unless the court finds and states in its findings that (1) the appellant or petitioner has demonstrated, by clear and convincing evidence, that they will be irreparably harmed by the implementation of the board’s order, and (2) the appellant or petitioner has demonstrated, by clear and convincing evidence, a likelihood of success on appeal. For purposes of this section, the court deciding the stay shall provide written findings and analysis supporting the decision to grant a stay. (Amended by Stats. 2023, Ch. 7, Sec. 17. (AB 113) Effective May 15, 2023.)
  5. 1164.5.

    ## 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 6.5. Contract Dispute Resolution [1164 - 1164.13] ( Chapter 6.5 added by Stats. 2002, Ch. 1145, Sec. 2. )

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    A party may seek writ review of a board order within 30 days, but an employer challenging certain board orders must post a bond first and give notice; if the employer does not comply or later fails to pay, the court may dismiss the filing and the bond may be forfeited.

    ## 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. ) ## 1164.5. (a) Within 30 days after the order of the board takes effect, a party may petition for a writ of review in the court of appeal or the California Supreme Court. If the writ issues, it shall be made returnable at a time and place specified by court order and shall direct the board to certify its record in the case to the court within the time specified. The petition for review shall be served personally upon the executive director of the board and the nonappealing party personally or by service. (b) The review by the court shall not extend further than to determine, on the basis of the entire record, whether any of the following occurred: (1) The board acted without, or in excess of, its powers or jurisdiction. (2) The board has not proceeded in the manner required by law. (3) The order or decision of the board was procured by fraud or was an abuse of discretion. (4) The order or decision of the board violates any right of the petitioner under the Constitution of the United States or the California Constitution. (c) Nothing in this section shall be construed to permit the court to hold a trial de novo, to take evidence other than as specified by the California Rules of Court, or to exercise its independent judgment on the evidence. (d) An employer who seeks review of a final order of the board pursuant to this chapter ordering into effect the terms of a mediator’s report establishing the terms of a collective bargaining agreement between the employer and a labor organization, or who otherwise appeals, petitions, or seeks to overturn or stay or modify any order of the board pursuant to this chapter, shall first post a bond with the board in the amount of the entire economic value of the contract 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 or the labor organization receive the economic benefits of the contract if the employer does not prevail. The employer shall post the bond with the board within 30 days after the order of the board takes effect. The court shall dismiss any petition for a writ of review or other court filing where the petitioning employer did not timely comply with this subdivision. For purposes of this subdivision, the “entire economic value of the contract” means the difference between the employees’ existing wages and economic benefits and those set forth in the contract. (e) The bond required under subdivision (d) shall consist of an appeal bond issued by a licensed surety or a cash deposit with the board in the amount specified in subdivision (d). The employer shall provide written notification to the labor organization 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 employer and labor organization 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 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. (Amended by Stats. 2023, Ch. 7, Sec. 18. (AB 113) Effective May 15, 2023.)
  6. 1164.7.

    ## 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 6.5. Contract Dispute Resolution [1164 - 1164.13] ( Chapter 6.5 added by Stats. 2002, Ch. 1145, Sec. 2. )

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    The board and the parties may appear in a review proceeding, and the court must enter judgment affirming or setting aside the board’s 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 6.5. Contract Dispute Resolution [1164 - 1164.13] ( Chapter 6.5 added by Stats. 2002, Ch. 1145, Sec. 2. ) ## 1164.7. (a) The board and each party to the action or proceeding before the mediator may appear in the review proceeding. Upon the hearing, the court of appeal or the Supreme Court shall enter judgment either affirming or setting aside the order of the board. (b) The provisions of the Code of Civil Procedure relating to writs of review shall, so far as applicable, apply to proceedings instituted under this chapter. (Added by Stats. 2002, Ch. 1145, Sec. 2. Effective January 1, 2003.)
  7. 1164.9.

    ## 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 6.5. Contract Dispute Resolution [1164 - 1164.13] ( Chapter 6.5 added by Stats. 2002, Ch. 1145, Sec. 2. )

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    Most California courts may not review or interfere with board orders or the board’s official duties, except as this article allows for the Court of Appeal or Supreme 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 6.5. Contract Dispute Resolution [1164 - 1164.13] ( Chapter 6.5 added by Stats. 2002, Ch. 1145, Sec. 2. ) ## 1164.9. No court of this state, except the court of appeal or the Supreme Court, to the extent specified in this article, shall have jurisdiction to review, reverse, correct, or annul any order or decision of the board to suspend or delay the execution or operation thereof, or to enjoin, restrain, or interfere with the board in the performance of its official duties, as provided by law and the rules of court. (Added by Stats. 2002, Ch. 1145, Sec. 2. Effective January 1, 2003.)
  8. 1165.

    ## 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 7. Suits Involving Employers and Labor Organizations [1165 - 1165.4] ( Chapter 7 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. )

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    Certain contract-violation suits between agricultural employers and agricultural labor organizations may be filed in superior court, and those organizations and employers are bound by their agents’ acts.

    ## 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 7. Suits Involving Employers and Labor Organizations [1165 - 1165.4] ( Chapter 7 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## 1165. (a) Suits for violation of contracts between an agricultural employer and an agricultural labor organization representing agricultural employees, as defined in this part, or between any such labor organizations, may be brought in any superior court having jurisdiction of the parties, without respect to the amount in controversy. (b) Any agricultural labor organization which represents agricultural employees and any agricultural employer shall be bound by the acts of its agents. Any such labor organization may sue or be sued as an entity and in behalf of the employees whom it represents in the courts of this state. Any money judgment against a labor organization in a superior court shall be enforceable only against the organization as an entity and against its assets, and shall not be enforceable against any individual member or his assets. (Added by Stats. 1975, 3rd Ex. Sess., Ch. 1.)
  9. 1165.2.

    ## 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 7. Suits Involving Employers and Labor Organizations [1165 - 1165.4] ( Chapter 7 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. )

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    The superior court has jurisdiction over a labor organization in this state if it has its principal office in the state or if its authorized officers or agents are representing or acting for employee members.

    ## 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 7. Suits Involving Employers and Labor Organizations [1165 - 1165.4] ( Chapter 7 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## 1165.2. For the purpose of this part, the superior court shall have jurisdiction over a labor organization in this state if such organization maintains its principal office in this state, or if its duly authorized officers or agents are engaged in representing or acting for employee members. (Added by Stats. 1975, 3rd Ex. Sess., Ch. 1.)
  10. 1165.3.

    ## 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 7. Suits Involving Employers and Labor Organizations [1165 - 1165.4] ( Chapter 7 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. )

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    Serving a superior court summons, subpoena, or other legal process on a labor organization’s officer or agent, when served in that capacity, counts as service on the labor organization.

    ## 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 7. Suits Involving Employers and Labor Organizations [1165 - 1165.4] ( Chapter 7 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## 1165.3. The service of summons, subpoena, or other legal process of any superior court upon an officer or agent of a labor organization, in his capacity as such, shall constitute service upon the labor organization. (Added by Stats. 1975, 3rd Ex. Sess., Ch. 1.)
  11. 1165.4.

    ## 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 7. Suits Involving Employers and Labor Organizations [1165 - 1165.4] ( Chapter 7 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. )

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    In this part, whether a person was actually authorized or later ratified does not control the question of agency for making another person responsible for that person’s acts.

    ## 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 7. Suits Involving Employers and Labor Organizations [1165 - 1165.4] ( Chapter 7 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## 1165.4. For the purpose of this part, in determining whether any person is acting as an agent of another person so as to make such other person responsible for his acts, the question of whether the specific acts performed were actually authorized or subsequently ratified shall not be controlling. (Added by Stats. 1975, 3rd Ex. Sess., Ch. 1.)
  12. 1166.

    ## 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 8. Limitations [1166 - 1166.3] ( Chapter 8 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. )

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    This section says nothing in the part should be read to interfere with, impede, or diminish the right to strike, except where the part specifically provides otherwise.

    ## 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 8. Limitations [1166 - 1166.3] ( Chapter 8 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## 1166. Nothing in this part, except as specifically provided for herein, shall be construed so as either to interfere with or impede or diminish in any way the right to strike, or to affect the limitations or qualifications on such right. (Added by Stats. 1975, 3rd Ex. Sess., Ch. 1.)
  13. 1166.2.

    ## 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 8. Limitations [1166 - 1166.3] ( Chapter 8 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. )

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    Supervisors may join or stay in a labor organization, and covered employers cannot be forced to treat supervisors as employees for collective bargaining laws.

    ## 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 8. Limitations [1166 - 1166.3] ( Chapter 8 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## 1166.2. Nothing in this part shall prohibit any individual employed as a supervisor from becoming or remaining a member of a labor organization, but no employer subject to this part shall be compelled to deem individuals defined herein as supervisors as employees for the purpose of any law, either national or local, relating to collective bargaining. (Added by Stats. 1975, 3rd Ex. Sess., Ch. 1.)
  14. 1166.3.

    ## 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 8. Limitations [1166 - 1166.3] ( Chapter 8 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. )

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    If part of this section is held invalid, the rest still applies; if another legislative act conflicts with this part, this part prevails.

    ## 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 8. Limitations [1166 - 1166.3] ( Chapter 8 added by Stats. 1975, 3rd Ex. Sess., Ch. 1. ) ## 1166.3. (a) If any provision of this part, or the application of such provision to any person or circumstances, shall be held invalid, the remainder of this part, 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. (b) If any other act of the Legislature shall conflict with the provisions of this part, this part shall prevail. (Added by Stats. 1975, 3rd Ex. Sess., Ch. 1.)
  15. 117.

    ## 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 administrative director may appoint a licensed attorney as counsel to the division.

    ## 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. ) ## 117. The administrative director may appoint an attorney licensed to practice law in the state as counsel to the division. (Amended by Stats. 1989, Ch. 892, Sec. 13.)
  16. 1171.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    This chapter applies to employees in general, but excludes outside salesmen and certain national service participants. For those national service participants, the service entity must give advance notice about any overtime requirement and they must be allowed to opt out at that time.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 1171. The provisions of this chapter shall apply to and include men, women and minors employed in any occupation, trade, or industry, whether compensation is measured by time, piece, or otherwise, but shall not include any individual employed as an outside salesman or any individual participating in a national service program carried out using assistance provided under Section 12571 of Title 42 of the United States Code. Any individual participating in a national service program pursuant to Section 12571 of Title 42 of the United States Code shall be informed by the nonprofit, educational institution or other entity using his or her service, prior to the commencement of service of the requirement, if any, to work hours in excess of eight hours per day, or 40 hours per week, or both, and shall have the opportunity to opt out of that national service program at that time. Individuals participating in a national service program pursuant to Section 12571 of Title 42 of the United States Code shall not be discriminated against or be denied continued participation in the program for refusing to work overtime for a legitimate reason. (Amended by Stats. 2000, Ch. 365, Sec. 3. Effective January 1, 2001.)
  17. 1171.5.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    People covered by this section keep state-law protections, rights, and remedies regardless of immigration status, except a federally prohibited reinstatement remedy. Immigration status generally may not be inquired into in enforcement proceedings or discovery unless clear and convincing evidence shows the inquiry is necessary to comply with federal immigration law.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 1171.5. The Legislature finds and declares the following: (a) All protections, rights, and remedies available under state law, except any reinstatement remedy prohibited by federal law, are available to all individuals regardless of immigration status who have applied for employment, or who are or who have been employed, in this state. (b) For purposes of enforcing state labor, employment, civil rights, consumer protection, and housing laws, a person’s immigration status is irrelevant to the issue of liability, and in proceedings or discovery undertaken to enforce those state laws no inquiry shall be permitted into a person’s immigration status unless the person seeking to make this inquiry has shown by clear and convincing evidence that the inquiry is necessary in order to comply with federal immigration law. (c) The provisions of this section are declaratory of existing law. (d) 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. (Amended by Stats. 2017, Ch. 160, Sec. 4. (AB 1690) Effective January 1, 2018.)
  18. 1173.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    The Industrial Welfare Commission must study wages, hours, working conditions, and employee health and safety, review minimum wage adequacy every two years, and consult the Occupational Safety and Health Standards Board before adopting new rules.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 1173. It is the continuing duty of the Industrial Welfare Commission, hereinafter referred to in this chapter as the commission, to ascertain the wages paid to all employees in this state, to ascertain the hours and conditions of labor and employment in the various occupations, trades, and industries in which employees are employed in this state, and to investigate the health, safety, and welfare of those employees. The commission shall conduct a full review of the adequacy of the minimum wage at least once every two years. The commission may, upon its own motion or upon petition, amend or rescind any order or portion of any order or adopt an order covering any occupation, trade, or industry not covered by an existing order pursuant to this chapter. Before adopting any new rules, regulations, or policies, the commission shall consult with the Occupational Safety and Health Standards Board to determine those areas and subject matters where the respective jurisdictions of the commission and the Occupational Safety and Health Standards Board overlap. This consultation need not take the form of a joint meeting. In the case of such overlapping jurisdiction, the Occupational Safety and Health Standards Board shall have exclusive jurisdiction, and rules, regulations, or policies of the commission on the same subject have no force or effect. (Amended by Stats. 1998, Ch. 150, Sec. 1. Effective January 1, 1999.)
  19. 1174.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    Employers in this state must provide requested reports or information to the commission, allow labor officials access for authorized inspections, keep specified employee and payroll records, and not stop employees from keeping personal hour or piece-rate records.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 1174. Every person employing labor in this state shall: (a) Furnish to the commission, at its request, reports or information that the commission requires to carry out this chapter. The reports and information shall be verified if required by the commission or any member thereof. (b) Allow any member of the commission or the employees of the Division of Labor Standards Enforcement free access to the place of business or employment of the person to secure any information or make any investigation that they are authorized by this chapter to ascertain or make. The commission may inspect or make excerpts, relating to the employment of employees, from the books, reports, contracts, payrolls, documents, or papers of the person. (c) Keep a record showing the names and addresses of all employees employed and the ages of all minors. (d) Keep, at a central location in the state or at the plants or establishments at which employees are employed, payroll records showing the hours worked daily by and the wages paid to, and the number of piece-rate units earned by and any applicable piece rate paid to, employees employed at the respective plants or establishments. These records shall be kept in accordance with rules established for this purpose by the commission, but in any case shall be kept on file for not less than three years. An employer shall not prohibit an employee from maintaining a personal record of hours worked, or, if paid on a piece-rate basis, piece-rate units earned. (Amended by Stats. 2011, Ch. 655, Sec. 7. (AB 469) Effective January 1, 2012.)
  20. 1174.1.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    Employers and certain other liable persons or entities may be barred from using requested payroll, time, and employment records as evidence if they were not produced on time after a Labor Commissioner written request.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 1174.1. (a) Any employer, or other person or entity, who may be liable for a violation of any provision of this code shall be precluded from introducing as evidence, in an administrative proceeding contesting a citation or writ proceeding under Section 558, 1197.1, 2673.1, or 2673.2, books, documents, or records, as specified in subdivision (b), that are not provided pursuant to a duly served written request by the Labor Commissioner under this section within the time the Labor Commissioner requests those books, documents, or records be produced, pursuant to either of the following: (1) When the Labor Commissioner provides for no less than 15 days to respond, subject to the exceptions under subdivision (c), (d), (e), or (g). (2) When the Labor Commissioner provides for less than 15 days to respond, subject to the exceptions under subdivision (c) or (e), if the Labor Commissioner, in their discretion, determines that circumstances exist that make it necessary to require a shorter period of production for the Labor Commissioner to conduct a complete investigation. In this instance, a statement indicating that determination of necessity shall be included with the written request from the Labor Commissioner. (b) The books, documents, or records to which this section applies are payroll, time, and employment records that are required to be maintained at the place of employment or at a central location within the state by the employer, including, but not limited to, under Sections 226, 247.5, 1174, 2052, and 2673, and Section 6 or 7 (“Records”) of any order of the Industrial Welfare Commission. (c) Subdivision (a) shall not apply in the event that the person or entity subject to the written request by the Labor Commissioner for the production of books, documents, or records opposes such a request in court, prior to the issuance of any citation under Section 558 or 1197.1, and a court determines that the books, documents, or records are not required to be produced. (d) Paragraph (1) of subdivision (a) shall not apply to the failure to produce any books, documents, or records within the time requested by the Labor Commissioner if such failure is due to an inadvertent error, provided that such error is corrected and the books, documents, or records are produced to the Labor Commissioner no later than 20 days from the date originally requested. For purposes of this section, “inadvertent error” means any clerical mistake causing an unintended delay in production of the requested books, documents, or records. (e) The Labor Commissioner shall take into consideration a reasonable request from the person or entity subject to subdivision (a) for an extension on the time for production of books, documents, or records. The commissioner shall determine the reasonableness of the request and may consider, among other things, the location of the books, documents, or records and the volume of production. The Labor Commissioner, in their discretion, may admit and consider books, documents, or records that are produced beyond the time limits provided for in this section upon a finding that both of the following conditions are satisfied: (1) The person or entity cooperated with the underlying investigation and substantially complied with the request within the time limit prescribed. (2) The person or entity made good faith efforts to comply with the request, including discovery of the late-produced books, documents, or records. (f) Service of a written request for books, documents, or records on a corporation or limited liability company shall be in the same manner as provided for service of a summons as described in Chapter 4 (commencing with Section 413.10) of Title 5 of Part 2 of the Code of Civil Procedure. (g) For purposes of paragraph (1) of subdivision (a) and notwithstanding subdivision (e), a person or entity that provides a timely good faith response to the Labor Commissioner that additional time is needed to gather requested books, documents, or records, shall be provided an automatic extension of 15 days. (Amended by Stats. 2021, Ch. 329, Sec. 2. (SB 62) Effective January 1, 2022.)
  21. 1174.5.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    A person employing labor must keep certain records and allow specified officials to inspect them, or face a $500 civil penalty.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 1174.5. Any person employing labor who willfully fails to maintain the records required by subdivision (c) of Section 1174 or accurate and complete records required by subdivision (d) of Section 1174, or to allow any member of the commission or employees of the division to inspect records pursuant to subdivision (b) of Section 1174, shall be subject to a civil penalty of five hundred dollars ($500). (Amended by Stats. 2000, Ch. 135, Sec. 123. Effective January 1, 2001.)
  22. 1175.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    A person, officer, or agent who interferes with Section 1174 requests, denies access to inspectors, hinders information gathering, or fails to keep required records is guilty of a misdemeanor.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 1175. Any person, or officer or agent thereof, is guilty of a misdemeanor who: (a) Neglects or refuses to furnish the information requested under the provisions of Section 1174. (b) Refuses access to his place of business or employment to any member of the commission or employee of the Division of Labor Standards Enforcement when administering or enforcing this chapter. (c) Hinders such member, or employee in securing information authorized by Section 1174. (d) Fails to keep any of the records required by Section 1174. (Amended by Stats. 1979, Ch. 373.)
  23. 1176.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    The commission or its members may subpoena witnesses and administer oaths. Subpoenaed witnesses must be paid the fees and mileage set by law for civil cases.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 1176. The commission or any members thereof may subpena witnesses and administer oaths. All witnesses subpenaed by the commission shall be paid the fees and mileage fixed by law in civil cases. In case of the failure of a person to comply with an order or subpena of the commission or any member thereof, or in the case of the refusal of a witness to testify to any matter regarding which he may lawfully be interrogated before any wage board or the commission, it shall be the duty of the superior court or judge thereof, on the application of a member of the commission, to compel obedience in a manner by which such obedience could be compelled in a proceeding pending before the court. (Added by renumbering Section 1177 by Stats. 1949, Ch. 1454.)
  24. 1176.1.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    Any interested party may ask the commission to adopt, amend, or repeal a regulation, and the petition must clearly and concisely state the request, the reason for it, and the commission’s authority to act.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 1176.1. Any interested party may petition the commission requesting the adoption, amendment, or repeal of a regulation. The petition shall state clearly and concisely all of the following: (a) The substance or nature of the regulation, amendment, or repeal that is requested. (b) The reason for the request. (c) Reference to the commission’s authority to take the action that is requested. (Added by Stats. 1987, Ch. 863, Sec. 1.)
  25. 1176.3.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    The commission must respond to certain petitions within 120 days, and may have to finish final action within 90 days after a wage board hearing process. A petitioner may ask for reconsideration if a petition is denied.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 1176.3. (a) Within 120 days of the receipt of a petition requesting the adoption, amendment, or repeal of a regulation, the commission shall notify the petitioner in writing of the receipt of the petition, set the matter for consideration at a public meeting, and issue a written decision taking one of the following actions: (1) Setting the matter for public hearing pursuant to Section 1178 or 1178.5. (2) Denying the petition. A decision denying a petition shall include a statement explaining the reasons for the denial. (b) The petitioner may request reconsideration of any part or all of a decision denying a petition pursuant to paragraph (2) of subdivision (a) of Section 1176.3. The commission’s reconsideration of any matter relating to a petition shall be subject to subdivision (a), except that a decision to deny reconsideration shall be final. (c) In cases where a petition is referred to a wage board, the commission shall complete its final actions on the petition within 90 days after completion of the public hearing process pursuant to subdivision (c) of Section 1178.5. (Added by Stats. 1987, Ch. 863, Sec. 2.)
  26. 1177.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    The commission may make and enforce procedural rules, is not bound by evidence rules, and must prepare, publish, and provide a statement explaining adopted or amended orders.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 1177. (a) The commission may make and enforce rules of practice and procedure and shall not be bound by the rules of evidence. Each order of the commission shall be concurred in by a majority of the commissioners. (b) The commission shall prepare a statement as to the basis upon which an adopted or amended order is predicated. The statement shall be concurred in by a majority of the commissioners. The commission shall publish a copy of the statement with the order in the California Regulatory Notice Register. The commission also shall provide a copy of the statement to any interested party upon request. (Amended by Stats. 1998, Ch. 150, Sec. 2. Effective January 1, 1999.)
  27. 1178.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    If, after investigating, the commission finds wages, hours, or working conditions may be harmful or insufficient, it must select a wage board and send it the supporting investigation information. The investigation must include at least one public hearing.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 1178. If after investigation the commission finds that in any occupation, trade, or industry, the wages paid to employees may be inadequate to supply the cost of proper living, or that the hours or conditions of labor may be prejudicial to the health, morals, or welfare of employees, the commission shall select a wage board to consider any of such matters and transmit to such wage board the information supporting its findings gathered in the investigation. Such investigation shall include at least one public hearing. (Amended by Stats. 1980, Ch. 1083.)
  28. 1178.5.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    The commission must create a wage board when it finds wages may be too low or labor conditions may harm employees, and the wage board must report recommendations back to the commission. Before changing or creating an order, the commission must prepare proposed regulations and hold public hearings.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 1178.5. (a) If the commission finds that wages paid to employees may be inadequate to supply the cost of proper living, it shall select one wage board composed of an equal number of representatives of employers and employees, and a nonvoting representative of the commission, designated by the commission, who shall act as chairperson. The wage board shall consider the findings of the commission and such other information it deems appropriate and report to the commission its recommendation of a minimum wage adequate to supply the necessary cost of proper living to, and maintain the health and welfare of employees in this state, and its recommendations on such other matters related to the minimum wage on which the commission has requested recommendations. (b) If the commission finds that hours or conditions of labor may be prejudicial to the health or welfare of employees in any occupation, trade, or industry, it shall select a wage board composed of an equal number of representatives of employers and employees in the occupation, trade, or industry in question, and a nonvoting representative of the commission, designated by the commission, who shall act as chairperson. The wage board shall consider the findings of the commission and such other information it deems appropriate and report to the commission its recommendation as to what action should be taken by the commission with respect to the matter under consideration. (c) Prior to amending or rescinding any existing order or adopting any new order, and after receipt of the wage board report and recommendation, the commission shall prepare proposed regulations with respect to the matter under consideration. The proposed regulations shall include any recommendation of the wage board which received the support of at least two-thirds of the members of the wage board. A public hearing on the proposed regulations shall be held in each of at least three cities in this state, except when the proposed regulations would affect only an occupation, trade, or industry which is not statewide in scope, in which case a public hearing shall be held in the locality in which the occupation, trade, or industry prevails. The proceedings shall be recorded and transcribed and shall thereafter be a matter of public record. (Repealed and added by Stats. 1980, Ch. 1083.)
  29. 1179.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    Wage board members are entitled to $50 per diem and necessary travel expenses while attending conferences, and the commission may make rules for the wage board and decide procedural-validity questions.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 1179. The members of the wage board shall be allowed fifty dollars ($50) per diem and necessary traveling expenses while engaged in such conferences. The commission shall make rules governing the number and selection of the members and the mode of procedure of the wage board, and shall exercise exclusive jurisdiction over all questions as to the validity of the procedure. (Amended by Stats. 1980, Ch. 1083.)
  30. 1180.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    The wage board’s proceedings and deliberations must be recorded for the commission’s use, and those records are admissible as evidence in commission proceedings.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 1180. The proceedings and deliberations of the wage board shall be made a matter of record for the use of the commission, and shall be admissible as evidence in any proceedings before the commission. (Added by renumbering Section 1181 by Stats. 1949, Ch. 1454.)
  31. 1181.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    When the commission schedules a hearing on proposed regulations or related matters, it must publicly notice the hearing, mail copies of the notice and proposed regulations to specified recipients, and set the hearing date at least 30 days after publication and mailing.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 1181. Upon the fixing of the time and place for the holding of a hearing for the purpose of considering and acting upon the proposed regulations or any matters referred to in Sections 1176 to 1180, inclusive, the commission shall: (a) Give public notice thereof by advertisement in at least one newspaper published in each of the cities of Los Angeles, Oakland, Sacramento, San Jose, Fresno, Eureka, San Diego, Long Beach, Alameda, Berkeley, Stockton, San Bernardino, and San Francisco. (b) Mail a copy of the notice and the proposed regulations to the clerk of the superior court of each county in the state to be posted at the courthouse; to each association of employers or employees which, in the opinion of the commission, would be affected by the hearing; and to any person or organization within this state filing with the commission a written request for notice of such hearing. Failure to mail such notice shall not invalidate any order of the commission issued after such hearing. The notice shall also state the time and place fixed for the hearing, which shall not be less than 30 days from the date of publication and mailing of such notices. (Amended by Stats. 2002, Ch. 784, Sec. 523. Effective January 1, 2003.)
  32. 1182.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    The commission may change wage orders, but it must adopt proposed regulations backed by at least two-thirds of the wage board unless there is no substantial evidence. If the federal minimum wage is scheduled to rise above the commission’s minimum wage, the commission must meet publicly and set a new minimum wage at the higher federal level.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 1182. (a) After receipt of the wage board report and the public hearings on the proposed regulations, the commission may, upon its own motion, amend or rescind an existing order or promulgate a new order. However, with respect to proposed regulations based on recommendations supported by at least two-thirds of the members of the wage board, the commission shall adopt such proposed regulations, unless it finds there is no substantial evidence to support such recommendations. (b) If at any time the federal minimum wage applicable to employees covered by the Fair Labor Standards Act of 1938, as amended, prior to February 1, 1967, is scheduled to exceed the minimum wage fixed by the commission, the provisions of Sections 1178 and 1178.5 pertaining to wage boards shall be waived and the commission shall, in a public meeting, adopt an order fixing a new minimum wage at the scheduled higher federal minimum wage. The effective date of such order shall be the same as the effective date of the federal minimum wage, and such order shall not become operative in the event the scheduled increase in the federal minimum wage does not become operative. (Repealed and added by Stats. 1980, Ch. 1083.)
  33. 1182.1.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    The commission must publish its action in newspapers in specified California cities, with limited alternatives allowed.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 1182.1. Any action taken by the commission pursuant to Sections 517 and 1182 shall be published in at least one newspaper in each of the Cities of Los Angeles, Sacramento, Oakland, San Jose, Fresno, San Diego, and San Francisco. A summary of the action taken and notice of where the complete text of the new or amended order may be obtained may be published in lieu of the complete text when the commission determines such summary and notice will adequately inform the public. The statement as to the basis of the order need not be published. (Amended by Stats. 1999, Ch. 134, Sec. 15. Effective January 1, 2000.)
  34. 1182.11.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    This section sets minimum hourly wages for all industries and gives the Industrial Welfare Commission power to adopt matching minimum wage orders.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 1182.11. Notwithstanding any other provision of this part, on and after March 1, 1997, the minimum wage for all industries shall not be less than five dollars ($5.00) per hour; on and after March 1, 1998, the minimum wage for all industries shall not be less than five dollars and seventy-five cents ($5.75) per hour. The Industrial Welfare Commission shall, at a public meeting, adopt minimum wage orders consistent with this section without convening wage boards, which wage orders shall be final and conclusive for all purposes. (Added November 5, 1996, by initiative Proposition 210, Sec. 2. Note: Prop. 210 is titled the Living Wage Act of 1996.)
  35. 1182.12.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    Employers must pay at least the statutory minimum wage, with different rates for larger and smaller employers, and the rate can be adjusted or temporarily suspended under specified conditions.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 1182.12. (a) Notwithstanding any other provision of this part, on and after July 1, 2014, the minimum wage for all industries shall be not less than nine dollars ($9) per hour, and on and after January 1, 2016, the minimum wage for all industries shall be not less than ten dollars ($10) per hour. (b) Notwithstanding subdivision (a), the minimum wage for all industries shall not be less than the amounts set forth in this subdivision, except when the scheduled increases in paragraphs (1) and (2) are temporarily suspended under subdivision (d). (1) For any employer who employs 26 or more employees, the minimum wage shall be as follows: (A) From January 1, 2017, to December 31, 2017, inclusive,—ten dollars and fifty cents ($10.50) per hour. (B) From January 1, 2018, to December 31, 2018, inclusive,—eleven dollars ($11) per hour. (C) From January 1, 2019, to December 31, 2019, inclusive,—twelve dollars ($12) per hour. (D) From January 1, 2020, to December 31, 2020, inclusive,—thirteen dollars ($13) per hour. (E) From January 1, 2021, to December 31, 2021, inclusive,—fourteen dollars ($14) per hour. (F) From January 1, 2022, and until adjusted by subdivision (c)—fifteen dollars ($15) per hour. (2) For any employer who employs 25 or fewer employees, the minimum wage shall be as follows: (A) From January 1, 2018, to December 31, 2018, inclusive,—ten dollars and fifty cents ($10.50) per hour. (B) From January 1, 2019, to December 31, 2019, inclusive,—eleven dollars ($11) per hour. (C) From January 1, 2020, to December 31, 2020, inclusive,—twelve dollars ($12) per hour. (D) From January 1, 2021, to December 31, 2021, inclusive,—thirteen dollars ($13) per hour. (E) From January 1, 2022, to December 31, 2022, inclusive,—fourteen dollars ($14) per hour. (F) From January 1, 2023, and until adjusted by subdivision (c)—fifteen dollars ($15) per hour. (3) For purposes of this subdivision, “employer” means any person who directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, hours, or working conditions of any person. For purposes of this subdivision, “employer” includes the state, political subdivisions of the state, and municipalities. (4) Employees who are treated as employed by a single qualified taxpayer under subdivision (h) of Section 23626 of the Revenue and Taxation Code, as it read on the effective date of this section, shall be considered employees of that taxpayer for purposes of this subdivision. (c) (1) Following the implementation of the minimum wage increase specified in subparagraph (F) of paragraph (2) of subdivision (b), on or before August 1 of that year, and on or before each August 1 thereafter, the Director of Finance shall calculate an adjusted minimum wage. The calculation shall increase the minimum wage by the lesser of 3.5 percent and the rate of change in the averages of the most recent July 1 to June 30, inclusive, period over the preceding July 1 to June 30, inclusive, period for the United States Bureau of Labor Statistics nonseasonally adjusted United States Consumer Price Index for Urban Wage Earners and Clerical Workers (U.S. CPI-W). The result shall be rounded to the nearest ten cents ($0.10). Each adjusted minimum wage increase calculated under this subdivision shall take effect on the following January 1. (2) If the rate of change in the averages of the most recent July 1 to June 30, inclusive, period over the preceding July 1 to June 30, inclusive, period for the United States Bureau of Labor Statistics nonseasonally adjusted U.S. CPI-W is negative, there shall be no increase or decrease in the minimum wage pursuant to this subdivision on the following January 1. (3) (A) Notwithstanding the implementation timing described in paragraph (1) of this subdivision, if the rate of change in the averages of the most recent July 1 to June 30, inclusive, period over the preceding July 1 to June 30, inclusive, period for the United States Bureau of Labor Statistics nonseasonally adjusted U.S. CPI-W exceeds 7 percent in the first year that the minimum wage specified in subparagraph (F) of paragraph (1) of subdivision (b) is implemented, the indexing provisions described in paragraph (1) of this subdivision shall be implemented immediately, such that the indexing will be effective on the following January 1. (B) If the rate of change in the averages of the most recent July 1 to June 30, inclusive, period over the preceding July 1 to June 30, inclusive, period for the United States Bureau of Labor Statistics nonseasonally adjusted U.S. CPI-W exceeds 7 percent in the first year that the minimum wage specified in subparagraph (F) of paragraph (1) of subdivision (b) is implemented, notwithstanding any other law, for employers with 25 or fewer employees the minimum wage shall be set equal to the minimum wage for employers with 26 or more employees, effective on the following January 1, and the minimum wage increase specified in subparagraph (F) of paragraph (2) of subdivision (b) shall be considered to have been implemented for purposes of this subdivision. (d) (1) On or before July 28, 2017, and on or before every July 28 thereafter until the minimum wage is fifteen dollars ($15) per hour pursuant to paragraph (1) of subdivision (b), to ensure that economic conditions can support a minimum wage increase, the Director of Finance shall annually make a determination and certify to the Governor and the Legislature whether each of the following conditions is met: (A) Total nonfarm employment for California, seasonally adjusted, decreased over the three-month period from April to June, inclusive, prior to the July 28 determination. This calculation shall compare seasonally adjusted total nonfarm employment in June to seasonally adjusted total nonfarm employment in March, as reported by the Employment Development Department. (B) Total nonfarm employment for California, seasonally adjusted, decreased over the six-month period from January to June, inclusive, prior to the July 28 determination. This calculation shall compare seasonally adjusted total nonfarm employment in June to seasonally adjusted total nonfarm employment in December, as reported by the Employment Development Department. (C) Retail sales and use tax cash receipts from a 3.9375-percent tax rate for the July 1 to June 30, inclusive, period ending one month prior to the July 28 determination is less than retail sales and use tax cash receipts from a 3.9375-percent tax rate for the July 1 to June 30, inclusive, period ending 13 months prior to the July 28 determination. The calculation for the condition specified in this subparagraph shall be made as follows: (i) The State Board of Equalization shall publish by the 10th of each month on its Internet Web site the total retail sales (sales before adjustments) for the prior month derived from their daily retail sales and use tax reports. (ii) The State Board of Equalization shall publish by the 10th of each month on its Internet Web site the monthly factor required to convert the prior month’s retail sales and use tax total from all tax rates to a retail sales and use tax total from a 3.9375-percent tax rate. (iii) The Department of Finance shall multiply the monthly total from clause (i) by the monthly factor from clause (ii) for each month. (iv) The Department of Finance shall sum the monthly totals calculated in clause (iii) to calculate the 12-month July 1 to June 30, inclusive, totals needed for the comparison in this subparagraph. (2) (A) On or before July 28, 2017, and on or before every July 28 thereafter until the minimum wage is fifteen dollars ($15) per hour pursuant to paragraph (1) of subdivision (b), to ensure that the state General Fund fiscal condition can support the next scheduled minimum wage increase, the Director of Finance shall annually make a determination and certify to the Governor and the Legislature whether the state General Fund would be in a deficit in the current fiscal year, or in either of the following two fiscal years. (B) For purposes of this subdivision, deficit is defined as a negative balance in the Special Fund for Economic Uncertainties, as provided for in Section 16418 of the Government Code, that exceeds, in absolute value, 1 percent of total state General Fund revenue and transfers, based on the most recent Department of Finance estimates required by Section 12.5 of Article IV of the California Constitution. For purposes of this subdivision, the estimates shall include the assumption that only the minimum wage increases scheduled for the following calendar year pursuant to subdivision (b) will be implemented. (3) (A) (i) If, for any year, the condition in either subparagraph (A) or (B) of paragraph (1) is met, and if the condition in subparagraph (C) of paragraph (1) is met, the Governor may, on or before August 1 of that year, notify the Legislature of an initial determination to temporarily suspend the minimum wage increases scheduled pursuant to subdivision (b) for the following year. (ii) If the Director of Finance certifies under paragraph (2) that the state General Fund would be in a deficit in the current fiscal year, or in either of the following two fiscal years, the Governor may, on or before August 1 of that fiscal year, notify the Legislature of an initial determination to temporarily suspend the minimum wage increases scheduled pursuant to subdivision (b) for the following year. (B) If the Governor provides notice to the Legislature pursuant to subparagraph (A), the Governor shall, on September 1 of any such year, make a final determination whether to temporarily suspend the minimum wage increases scheduled pursuant to subdivision (b) for the following year. The determination to temporarily suspend the minimum wage increases scheduled pursuant to subdivision (b) for the following year shall be made by proclamation. (C) The Governor may temporarily suspend scheduled minimum wage increases pursuant to clause (ii) of subparagraph (A) no more than two times. (D) If the Governor makes a final determination to temporarily suspend the scheduled minimum wage increases pursuant to subdivision (b) for the following year, all dates specified in subdivision (b) that are subsequent to the September 1 final determination date shall be postponed by an additional year. (Amended by Stats. 2016, Ch. 4, Sec. 3. (SB 3) Effective January 1, 2017.)
  36. 1182.13.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    The Department of Industrial Relations must adjust meal and lodging credits, republish certain wage orders consistently with this section and Section 1182.12, and meet Section 1183 requirements. Covered employers must post and keep posted a copy of the amended republished order.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 1182.13. (a) The Department of Industrial Relations shall adjust upwards the permissible meals and lodging credits by the same percentage as the increase in the minimum wage made pursuant to Section 1182.12. (b) The Department of Industrial Relations shall amend and republish the Industrial Welfare Commission’s wage orders to be consistent with this section and Section 1182.12. The department shall make no other changes to the wage orders of the Industrial Welfare Commission that are in existence on the effective date of this section. The department shall meet the requirements set forth in Section 1183. (c) Every employer that is subject to an amended republished order under this section shall post a copy of the order and keep it posted in a conspicuous location frequented by employees during the hours of the workday as required by Section 1183. (d) Wage orders that are amended and republished as required under this section shall be final and conclusive for all purposes and dispositive of all pending petitions before the Industrial Welfare Commission as of the effective date of the act adding this section. Any amendment and republication pursuant to this section shall be exempt from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), and from the procedures set forth in Sections 1177, 1178.5, 1181, 1182, and 1182.1. (Added by Stats. 2006, Ch. 230, Sec. 2. Effective January 1, 2007.)
  37. 1182.14.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    This section sets minimum hourly wages for covered health care employees, requires notice and posting by covered employers, and creates a waiver process for some facilities.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 1182.14. (a) The Legislature finds and declares as follows: (1) Workers in the health care industry, including workers at general acute care hospitals, acute psychiatric hospitals, medical offices and clinics, behavioral health centers, and residential care centers provide vital health care services to California residents, including emergency care, labor and delivery, cancer treatments, and primary and specialty care. Similarly, dialysis clinics provide life-preserving care to patients with end-stage renal disease and are part of the continuum of kidney care that also includes hospitals and health systems. Residents and visitors to the state rely on access to this high-quality health care. (2) Higher wages are an important means of retaining an experienced workforce and attracting new workers. A stable workforce benefits patients and improves quality of care. (3) Employers across multiple industries are raising wages. The health care sector in California must offer higher wages to remain competitive. (4) Members of the health care team such as certified nursing assistants, patient aides, technicians, and food service workers, among many others, are essential to both routine medical care and emergency response efforts. (5) Even before the COVID-19 pandemic, California was facing an urgent and immediate shortage of health care workers, adversely impacting the health and well-being of Californians, especially economically disadvantaged Californians. The pandemic has worsened these shortages. Higher wages are needed to attract and retain health care workers to treat patients, including being prepared to provide necessary care in an emergency. (6) The Legislature finds and declares that laws that establish, require, impose, limit or otherwise relate to wages, salary, or compensation affect access to quality health care for all residents of, and visitors to, the state provided by licensed health care facilities, which serve as a critical part of the state’s ability to respond to catastrophic emergencies. The Legislature also finds and declares that the time limitations and other provisions established by this section are necessary to stabilize the health care system following the state and federal public health emergencies related to COVID-19, the closure and bankruptcy of licensed health care facilities, and the reduction in vital services by licensed health care facilities due to financial distress and the health care workforce crisis that has resulted in staffing shortages and strain for health care workers. The Legislature further finds and declares that access to quality health care and the stability of the health care system is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this section occupies the whole field of wages, salary, or compensation for covered health care facility employees, and applies to all cities and counties, including charter cities, charter counties, and charter cities and counties during the stabilization period provided by this section. (7) The Legislature finds and declares that it is the intent of the Legislature that subclause (I) of clause (ii) of subparagraph (B) of paragraph (2) of subdivision (b) is declarative of existing law. (b) As used in this section: (1) “Adjusted patient days” means the total gross patient revenue, divided by gross revenue provided for inpatient services, multiplied by the number of patient days. (2) (A) “Covered health care employee” means any of the following: (i) An employee of a health care facility employer who provides patient care, health care services, or services supporting the provision of health care, which includes, but is not limited to, employees performing work in the occupation of a nurse, physician, caregiver, medical resident, intern or fellow, patient care technician, janitor, housekeeping staff person, groundskeeper, guard, clerical worker, nonmanagerial administrative worker, food service worker, gift shop worker, technical and ancillary services worker, medical coding and medical billing personnel, scheduler, call center and warehouse worker, and laundry worker, regardless of formal job title. (ii) A contracted or subcontracted employee described in subparagraph (B). (B) “Covered health care employee” includes a contracted or subcontracted employee, if clauses (i) and (ii) apply: (i) The employee’s employer contracts with the covered health care facility employer, or with a contractor or subcontractor to the covered health care facility employer, to provide health care services, or services supporting the provision of health care. (ii) (I) Consistent with the definitions of “employ” and “employer” in the Industrial Welfare Commission wage orders, the covered health care facility employer directly or indirectly, or through an agent or any other person, engages, suffers, or permits an employee to work, or exercises control over the employee’s wages, hours or working conditions, or (II) The employee performs contracted or subcontracted work primarily on the premises of a covered health care facility. For purposes of this subparagraph, “primarily” means more than one-half of the employee’s work time during a workweek. (iii) A contracted or subcontracted employee shall be paid the applicable minimum wage in this section for all hours worked providing patient care, health care services, or services supporting the provision of health care. (C) Notwithstanding subparagraph (A), “covered health care employee” does not include: (i) Employment as an outside salesperson. (ii) Any work performed by a public employee where the public employee is not primarily engaged in services described in clause (i) of subparagraph (A) performed for a covered health care facility. For purposes of this subparagraph, “primarily” means more than one-half of the employee’s work time during a workweek. (iii) Delivery or waste collection work on the premises of a covered health care facility, provided that the delivery or waste collection worker is not an employee of any person that owns, controls, or operates a covered health care facility. (iv) Medical transportation services in or out of a covered health care facility, provided that the medical transportation services worker is not an employee of any person that owns, controls, or operates a covered health care facility. (3) (A) “Covered health care facility” means any of the following: (i) A facility or other work site that is part of an integrated health care delivery system. (ii) A licensed general acute care hospital, as defined in subdivision (a) of Section 1250 of the Health and Safety Code, including a distinct part of any such hospital. (iii) A licensed acute psychiatric hospital, as defined in subdivision (b) of Section 1250 of the Health and Safety Code, including a distinct part of any such hospital. (iv) A special hospital, as defined in subdivision (f) of Section 1250 of the Health and Safety Code. (v) A licensed skilled nursing facility, as defined in subdivision (c) of Section 1250 of the Health and Safety Code, if owned, operated, or controlled by a hospital or integrated health care delivery system or health care system. (vi) A patient’s home when health care services are delivered by an entity owned or operated by a general acute care hospital or acute psychiatric hospital. (vii) A licensed home health agency, as defined in subdivision (a) of Section 1727 of the Health and Safety Code. (viii) A clinic, as defined in subdivision (b) of Section 1204 of the Health and Safety Code, including a specialty care clinic, or a dialysis clinic. (ix) A psychology clinic, as defined in Section 1204.1 of the Health and Safety Code. (x) A clinic as defined in subdivision (d), (g), or (l) of Section 1206 of the Health and Safety Code. (xi) A licensed residential care facility for the elderly, as defined in Section 1569.2 of the Health and Safety Code, if affiliated with an acute care provider or owned, operated, or controlled by a general acute care hospital, acute psychiatric hospital, or the parent entity of a general acute care hospital or acute psychiatric hospital. (xii) A psychiatric health facility, as defined in Section 1250.2 of the Health and Safety Code. (xiii) A mental health rehabilitation center, as defined in Section 5675 of the Welfare and Institutions Code. (xiv) A community clinic licensed under subdivision (a) of Section 1204 of the Health and Safety Code, an intermittent clinic exempt from licensure under subdivision (h) of Section 1206 of the Health and Safety Code, or a clinic operated by any political subdivisions of the state, including the University of California or a city or county that is exempt from licensure under subdivision (b) of Section 1206 of the Health and Safety Code. (xv) A rural health clinic, as defined in paragraph (1) of subdivision (l) of Section 1396d of Title 42 of the United States Code, that is not license exempt. (xvi) An urgent care clinic. (xvii) An ambulatory surgical center that is certified to participate in the Medicare Program under Title XVIII (42 U.S.C. Sec. 1395 et seq.) of the federal Social Security Act. (xviii) A physician group. (xix) A county correctional facility that provides health care services. (xx) A county mental health facility. (B) “Covered health care facility” does not include either of the following: (i) Any health care facility described in subparagraph (A) that is owned, controlled, or operated by the state or any state agency of the executive branch. As used in this subparagraph, “state agency” includes every state office, officer, department, division, bureau, board, and commission under the executive branch, including any constitutional offices or officers, California State University, or California Community College, but does not include a health care district or the University of California. (ii) A tribal clinic exempt from licensure under subdivision (c) of Section 1206 of the Health and Safety Code, or an outpatient setting conducted, maintained, or operated by a federally recognized Indian tribe, tribal organization, or urban Indian organization, as defined in Section 1603 of Title 25 of the United States Code. (4) “Employ” means to engage, suffer, or permit to work. (5) “Employee” means any person employed by an employer. (6) “Employer” means a person who directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, hours, or working conditions of any person. “Employer” includes political subdivisions of the state, health care districts, the University of California, and municipalities. (7) “Full-time equivalent employee” means the total paid hours at a covered health care facility, including an integrated health care delivery system, as of January 1, 2022,, divided by 2,080. The number of full-time equivalent employees shall be determined as follows: (A) The number of full-time equivalent employees shall be as detailed in the Department of Health Care Access and Information’s 2021 Pivot Table – Hospital Annual Selected File (April 2023 Extract) and published online at https://data.chhs.ca.gov/dataset/hospital-annual-financial-data-selected-data-pivot-tables. For purposes of determining the number of full-time equivalent employees under this subparagraph, published data in the pivot table shall be aggregated to determine the total full-time equivalent employees for an integrated health care delivery system or health system. As provided by paragraph (1) of subdivision (c), any covered health care facility employer that is part of these systems shall be subject to the minimum wage schedule described in paragraph (1) of subdivision (c). (B) Any covered health care facility employer that does not report the data referenced in subparagraph (A), but had 10,000 or more full-time equivalent employees as of January 1, 2022, shall be subject to the minimum wage schedule described in paragraph (1) of subdivision (c). For the purposes of this paragraph, “full-time equivalent employees” means the total number of paid hours at a nonreporting covered health care facility employer divided by 2,080. This subparagraph does not apply to county entities, except as counties that are specifically covered in subdivision (c). (8) “Health care services” means patient care-related services including nursing; caregiving; services provided by medical residents, interns, or fellows; technical and ancillary services; janitorial work; housekeeping; groundskeeping; guard duties; business office clerical work; food services; laundry; medical coding and billing; call center and warehouse work; scheduling; and gift shop work; but only where such services support patient care. (9) “Health care worker minimum wage” means the minimum wage rate established by this section. (10) “Health care system” means a parent entity that owns, controls, or operates two or more separately licensed hospitals. (11) “Hospital with a high governmental payor mix” means a licensed acute care hospital, as defined in subdivision (a) or (b) of Section 1250 of the Health and Safety Code, where the combined Medicare and Medi-Cal payor mix is 90 percent or greater, as determined by using the adjusted patient days from the Department of Health Care Access and Information annual financial disclosure report, as recorded and calculated as of January 1, 2022, as per the Department of Health Care Access and Information guidance. A hospital shall qualify pursuant to this paragraph only if the combined payor mix of both the hospital and the health care system to which it belongs, if any, is 90 percent or greater. (12) “Independent hospital with an elevated governmental payor mix” means all of the following: (A) A hospital, as defined in subdivision (a) or (b) of Section 1250 of the Health and Safety Code, where the combined Medicare and Medi-Cal payor mix is 75 percent or greater, as determined by using the adjusted patient days from the Department of Health Care Access and Information annual financial disclosure report, as recorded and calculated as of January 1, 2022, as per the Department of Health Care Access and Information guidance. (B) The hospital is not owned, controlled, or operated by any parent entity with two or more separately licensed hospitals. (13) “Integrated health care delivery system” means an entity or group of related entities that includes both of the following: (A) one or more hospitals and (B) one or more physician groups, health care service plans, medical foundation clinics, other health care facilities, or other entities, providing health care or supporting the provision of health care, where the hospital or hospitals and other entities are related through one of the following: (A) Parent and subsidiary relationships, joint or common ownership or control, common branding, or common boards of directors and shared senior management. (B) A contractual relationship in which affiliated covered physician groups or medical foundation clinics contract with a health care service plan, hospital or other part of the system, all operating under a common trade name. (C) A contractual relationship in which a nonprofit health care service plan provides medical services to enrollees in a specific geographic region of the state through an affiliated hospital system, and contracts with a single covered physician group in each geographic region of the state to provide medical services to a majority of the plan’s enrollees in that region. (14) “Physician group” means a medical group practice, including a professional medical corporation, as defined in Section 2406 of the Business and Professions Code, another form of corporation controlled by physicians and surgeons, or a medical partnership, provided that the group includes a total of 25 or more physicians. (15) “Rural independent covered health care facility” means a hospital that is not part of an integrated health care delivery system and is not owned, controlled, or operated by any parent entity with two or more separately licensed hospitals and any of the following: (A) A hospital that is located in a county that is not designated as a metropolitan core-based statistical area as of March 2020. (B) A small and rural hospital, as defined in Section 124840 of the Health and Safety Code. (C) A rural general acute care hospital, as described in Section 1250 of the Health and Safety Code. (16) “Urgent care clinic” means a facility or clinic that provides immediate, nonemergent ambulatory medical care to patients, including, but not limited to, facilities known as walk-in clinics or centers or urgent care centers. (c) (1) For any covered health care facility employer with 10,000 or more full-time equivalent employees, any covered health care facility employer that is a part of an integrated health care delivery system or health care system with 10,000 or more full-time equivalent employees, any covered health care facility employer that is a dialysis clinic as defined in subdivision (b) of Section 1204 of the Health and Safety Code or that is a person that owns, controls, or operates a dialysis clinic, or a covered health facility owned, affiliated, or operated by a county with a population of more than 5,000,000 as of January 1, 2023, the minimum wage for all covered health care employees shall be as follows: (A) From July 1, 2024, to June 30, 2025, inclusive, twenty-three dollars ($23) per hour. (B) From July 1, 2025, to June 30, 2026, inclusive, twenty-four dollars ($24) per hour. (C) From July 1, 2026, and until adjusted pursuant to subdivision (d), twenty-five dollars ($25) per hour. (2) For any hospital that is a hospital with a high governmental payor mix, an independent hospital with an elevated governmental payor mix, a rural independent covered health care facility, or a covered health care facility that is owned, affiliated, or operated by a county with a population of less than 250,000 as of January 1, 2023, the minimum wage for all covered health care employees shall be as follows: (A) From July 1, 2024, to June 30, 2033, inclusive, eighteen dollars ($18) per hour, with 3.5 percent increases annually. (B) From July 1, 2033, and until adjusted pursuant to subdivision (d), twenty-five ($25) per hour. (3) (A) For any health care facility specified in clauses (i) to (iv), inclusive, the minimum wage for all covered health care employees shall be as set forth in subparagraph (B). (i) A clinic as defined in subdivision (h) of Section 1206 of the Health and Safety Code, that is not operated by or affiliated with a clinic described in subdivision (b) of Section 1206 of the Health and Safety Code. (ii) A community clinic licensed under subdivision (a) of Section 1204 of the Health and Safety Code, and any associated intermittent clinic exempt from licensure under subdivision (h) of Section 1206 of the Health and Safety Code. (iii) A rural health clinic, as defined in paragraph (1) of subdivision (l) of Section 1396d of Title 42 of the United States Code, that is not license-exempt. (iv) An urgent care clinic that is owned by or affiliated with a facility defined in clause (ii) or (iii). (B) (i) From July 1, 2024, to June 30, 2026, inclusive, twenty-one dollars ($21) per hour. (ii) From July 1, 2026, to June 30, 2027, inclusive, twenty-two dollars ($22) per hour. (iii) From July 1, 2027, and until adjusted by subdivision (d), twenty-five dollars ($25) per hour. (4) For all other covered health care facility employers, the minimum wage for all covered health care employees shall be as follows: (A) From July 1, 2024, to June 30, 2026, inclusive, twenty-one dollars ($21) per hour. (B) From July 1, 2026, to June 30, 2028, inclusive, twenty-three dollars ($23) per hour. (C) From July 1, 2028, and until adjusted pursuant to subdivision (d), twenty-five dollars ($25) per hour. (5) Notwithstanding any other provision of this subdivision, a covered health care facility that is county owned, affiliated, or operated shall not be required to comply with this subdivision before January 1, 2025. Commencing January 1, 2025, a covered health care facility that is county owned, affiliated, or operated shall comply with the appropriate schedule described in this subdivision. (d) (1) Following the implementation of the minimum wage increase specified in the following portions of subdivision (c): subparagraph (C) of paragraph (1), subparagraph (B) of paragraph (2), clause (iii) of subparagraph (B) of paragraph (3), or subparagraph (C) of paragraph (4), on or before August 1 of the following year, and on or before each August 1 thereafter, the Director of Finance shall calculate an adjusted minimum wage. The calculation shall increase the health care worker minimum wage by the lesser of 3.5 percent or the rate of change in the averages of the most recent July 1 to June 30, inclusive, period over the preceding July 1 to June 30, inclusive, period for the United States Bureau of Labor Statistics nonseasonally adjusted United States Consumer Price Index for Urban Wage Earners and Clerical Workers (U.S. CPI-W). The result shall be rounded to the nearest ten cents ($0.10). Each adjusted health care worker minimum wage increase calculated under this subdivision shall take effect on the following January 1. (2) If the rate of change in the averages of the most recent July 1 to June 30, inclusive, period over the preceding July 1 to June 30, inclusive, period for the United States Bureau of Labor Statistics nonseasonally adjusted U.S. CPI-W is negative, there shall be no increase or decrease in the health care worker minimum wage pursuant to this subdivision on the following January 1. (e) The health care worker minimum wages shall constitute the state minimum wages for covered health care employment for all purposes under this code and the wage orders of the Industrial Welfare Commission. (f) (1) A health care worker minimum wage shall be enforceable by the Labor Commissioner through the procedures set forth in Section 98, 98.1, 98.2, 98.3, 98.7, 98.74, or 1197.1, or by a covered worker through a civil action, through the same means and with the same relief available for violation of any other state minimum wage requirement. (2) (A) The Department of Industrial Relations shall amend, supplement, and republish the Industrial Welfare Commission’s wage orders to be consistent with this section. The Department of Industrial Relations shall not make other changes to the wage orders of the Industrial Welfare Commission that are in existence on the effective date of this section. The Department of Industrial Relations shall meet the requirements set forth in Section 1183. (B) Every employer that is subject to this section shall comply with both of the following: (i) Post a copy of the order as amended, supplemented and republished by the Department of Industrial Relations under this section and keep it posted in a conspicuous location frequented by employees during the hours of the workday, as required by Section 1183. (ii) Provide to each employee on the effective date of the earliest minimum wage increase pursuant to subdivision (c), a written notice, in the language the employer normally uses to communicate employment-related information to the employee, indicating the paragraph of subdivision (c) that applies to the employer and the health care worker minimum wage schedule applicable to the employee. (C) Notwithstanding paragraph (6) of subdivision (h), any amendment, supplement, and republication pursuant to this section shall be exempt from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), and from the procedures set forth in Sections 1177, 1178.5, 1181, 1182, and 1182.1. (g) For covered health care employment where the compensation of the employee is on a salary basis, the employee shall earn a monthly salary equivalent to no less than 150 percent of the health care worker minimum wage or 200 percent of the minimum wage, as described in Section 1182.12, whichever is greater, for full-time employment in order to qualify as exempt from the payment of minimum wage and overtime under the law of this state, including where the employer is a political subdivision of the state, a health care district, the University of California, or a municipality. (h) (1) On or before January 31, 2024, the Department of Health Care Access and Information shall publish the following information on their internet website: (A) A list of all covered health care facility employers with 10,000 or more full-time equivalent employees, or covered health care facility employers that are a part of an integrated health care delivery system or health care system with 10,000 or more full-time equivalent employees. This list shall only include those covered health care facility employers included in the Department of Health Care Access and Information’s 2021 Pivot Table – Hospital Annual Selected File (April 2023 Extract) and published online at https://data.chhs.ca.gov/dataset/hospital-annual-financial-data-selected-data-pivot-tables. For purposes of determining the number of full-time equivalent employees under this subparagraph, published data in the pivot table shall be aggregated to determine the total full-time equivalent employees for an integrated health care delivery system or health system. (B) A list of all hospitals that qualify as a hospital with a high governmental payor mix, independent hospital with an elevated governmental payor mix, or a rural independent covered health care facility. This list shall only include those covered health care facility employers included in the Department of Health Care Access and Information’s 2021 Pivot Table – Hospital Annual Selected File (April 2023 Extract) and published online at https://data.chhs.ca.gov/dataset/hospital-annual-financial-data-selected-data-pivot-tables. For purposes of determining the number of full-time equivalent employees under this subparagraph, published data in the pivot table shall be aggregated to determine the total full-time equivalent employees for an integrated health care delivery system or health system. (2) If a covered health care facility believes that they were inappropriately excluded from the list of hospitals that qualify as a hospital with a high governmental payor mix, independent hospital with an elevated governmental payor mix, or a rural independent covered health care facility, the health facility may file a request with the Department of Health Care Access and Information to be classified as a hospital with a high governmental payor mix, independent hospital with an elevated governmental payor mix, or a rural independent covered health care facility. The requesting hospital shall provide the following: (A) The physical location of the requesting hospital. (B) The revised Annual Disclosure Report pursuant to Section 128755 of the Health and Safety Code that reflects the payor mix of the requesting hospital, including the percent of uninsured patients and patients covered by Medi-Cal and Medicare. (C) Any other information as determined necessary by the Department of Health Care Access and Information. (3) The Department of Health Care Access and Information shall classify a requesting hospital as a hospital with a high governmental payor mix, independent hospital with an elevated governmental payor mix, or a rural independent covered health care facility if they meet the definitions provided under this section. (4) The rules and regulations process described in paragraph (6) shall require the Department of Health Care Access and Information to consider input by stakeholders including health care employees, their representatives, consumers, and health care employers as to the accuracy of the classification of covered health care facility employers according to the numbers of full-time equivalent employees, system affiliation, payor mix, and any other relevant information. (5) The Department of Health Care Access and Information shall not accept any requests for classification as a hospital with a high governmental payor mix, independent hospital with an elevated governmental payor mix, or a rural independent covered health care facility after January 31, 2025. (6) Until January 1, 2025, any necessary rules and regulations for the purpose of implementing this section may be adopted as emergency regulations in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The adoption of emergency regulations pursuant to this section shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare. (i) (1) The Department of Industrial Relations shall, in collaboration with the Department of Health Care Access and Information, administer a waiver program for covered health care facilities described in clauses (i) to (iv), inclusive, of subparagraph (A) of paragraph (3) of subdivision (c), which will allow a covered health care facility to apply for a 12-month delay in schedule of the health care minimum wage requirements in this section. The issuance of waivers pursuant to this subdivision shall be solely and exclusively within the authority of the Department of Industrial Relations pursuant to paragraph (3). The authority regarding whether the covered health care facility demonstrates that it meets the requirements to obtain a waiver, set forth in paragraphs (2) and (3) shall be solely and exclusively within the authority of the Department of Health Care Access and Information. (2) In order to obtain a waiver, a covered health care facility shall demonstrate at the time the waiver application is submitted that it meets the criteria as set forth in subparagraphs (A) and (B) of this paragraph. (A) Each request for a waiver shall include the covered health care facility’s, and any parent or affiliated company’s, most recent audited financial statements and year-to-date internally prepared financial statements no older than 45 days prior to the date of submission; examined level forecasting with an attestation from an independent certified public accountant demonstrating that compliance with this section would raise doubt about the covered health care facility’s and its parent company’s ability to maintain a positive cashflow over the next 12 months; and balance sheets showing that the covered health care facility and its parent company have less than 45 days cash on hand and a current ratio of current assets to current liabilities of one or less. (B) The covered health care facility shall provide a declaration verifying that the contents of the documents contained in the waiver request are true and correct. The declaration shall be in a form and manner specified by the Department of Health Care Access and Information and signed by an authorized executive officer of the covered health care facility. (C) The Department of Industrial Relations shall make approved information available on its internet website within 15 working days of the issuance of the waiver. The Department of Health Care Access and Information shall make the audited financial information submitted in conjunction with an approved waiver available on its internet website within 15 working days of the issuance of the waiver. (3) If, following review of the documentation submitted pursuant to subparagraphs (A) and (B) of paragraph (2), the Department of Health Care Access and Information determines that the covered health care facility has demonstrated that it meets the criteria for a waiver set forth in subdivision (i), the Department of Industrial Relations shall issue a waiver for the covered health care facility. If a covered health care facility is issued a waiver, all dates in clauses (i) to (iii), inclusive, of subparagraph (B) of paragraph (3) of subdivision (c), or any superseding dates pursuant to a previously issued waiver that are on or after the effective date of the issued waiver, are postponed by 12 months for that covered health care facility. (4) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the Department of Industrial Relations and the Department of Health Care Access and Information may implement, interpret, or make specific this subdivision, in whole or in part, by means of information notices or other similar instructions, without taking any further regulatory action. (5) If a waiver is issued, any covered health care facility affected by the waiver shall within 10 days of notice from the Department of Industrial Relations: (A) Post a copy of the waiver, including the applicable minimum wage, in a conspicuous location frequented by employees during the hours of the workday. (B) Provide to each covered health care employee, a written notice, in the language the covered health care facility normally uses to communicate employment-related information to the covered health care employee, informing the covered health care employee the covered health care facility had applied for and received a one-year waiver of the increase of the minimum wage and stating the applicable minimum wage. (6) A covered health care facility may apply for and be issued a waiver pursuant to this subdivision in consecutive years. However, a waiver shall not be available after July 1, 2032, and every covered health care facility described in clauses (i) to (iv), inclusive, of subparagraph (A) of paragraph (3) of subdivision (c) shall pay the adjusted wage required by subdivision (d) beginning July 1, 2033, regardless of whether the facility received any waivers. (7) A waiver issued pursuant to this subdivision shall not exempt a covered health care facility from complying with any and all federal, state, or local laws and regulations, except to the extent that such local laws and regulations are preempted in accordance with subdivision (j). (8) Notwithstanding paragraph (3) of subdivision (b), for purposes of this subdivision only, “covered health care facility” shall mean the clinics described in clauses (i) to (iv), inclusive, of subparagraph (A) of paragraph (3) of subdivision (c). (j) (1) An ordinance, regulation, or administrative action applicable to a covered health care facility, as defined in this section, that establishes, requires, imposes, limits, or otherwise relates to wages or compensation for covered health care facility employees, as defined in this section, shall not be enacted or enforced in or by any city, county, city and county, including charter cities, charter counties, and charter cities and counties. (2) Any ordinance, regulation, or administrative action taken by any city, county, or city and county, including charter cities, charter counties, and charter cities and counties, that is enacted or takes effect after September 6, 2023, related to covered health facilities, that establishes, requires, imposes, limits, or otherwise relates to wages, salaries, or compensation for covered health care facility employees, as defined in this section, is void. (3) This subdivision does not preclude any employer, including a city, county, city and county, including charter cities, charter counties, and charter cities and counties, that employs health care employees, from establishing higher wage, salary, or compensation rates for its employees or contracted or subcontracted employees. (4) This subdivision does not preclude a city, county, city and county, including charter cities, charter counties, and charter cities and counties from establishing a minimum wage that would apply uniformly to all employees across all industries and sectors and not exclusively to employees employed by covered health care facilities. (5) This subdivision does not preclude a city, county, city and county, including charter cities, charter counties, and charter cities and counties, from establishing or enforcing a minimum wage applicable to covered health care facility employees, as defined in this section, after January 1, 2034. Any such ordinance, regulation, or administrative action shall be evaluated under ordinary preemption principles. (6) This subdivision does not preclude a city, county, city and county, including charter cities, charter counties, and charter cities and counties, from enacting an ordinance or regulation, or taking administrative action, limiting or otherwise relating to compensation for covered health care facility employees, as defined in this section, after January 1, 2030. Any such ordinance, regulation, or administrative action shall be evaluated under ordinary preemption principles. (7) This subdivision shall be effective only if the provisions of this section that require health care worker minimum wages take effect. (k) For purposes of implementing this section, the Department of Industrial Relations and the Department of Health Care Access and Information may enter into exclusive or nonexclusive contracts, or amend existing contracts, on a bid or negotiated basis. Contracts entered into or amended pursuant to this subdivision shall be exempt from Chapter 6 (commencing with Section 14825) of Part 5.5 of Division 3 of Title 2 of the Government Code, Section 19130 of the Government Code, Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code, and the State Administrative Manual, and shall be exempt from the review or approval of any division of the Department of General Services. (Amended by Stats. 2024, Ch. 40, Sec. 27. (SB 159) Effective June 29, 2024.)
  38. 1182.15.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    Covered health care facility employers must pay covered health care employees the section’s minimum wage rates and follow posting and notice requirements.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 1182.15. (a) The Legislature finds and declares as follows: (1) Workers in the health care industry, including workers at general acute care hospitals, acute psychiatric hospitals, medical offices and clinics, behavioral health centers, and residential care centers provide vital health care services to California residents, including emergency care, labor and delivery, cancer treatments, and primary and specialty care. Similarly, dialysis clinics provide life-preserving care to patients with end-stage renal disease and are part of the continuum of kidney care that also includes hospitals and health systems. Residents and visitors to the state rely on access to this high-quality health care. (2) Higher wages are an important means of retaining an experienced workforce and attracting new workers. A stable workforce benefits patients and improves quality of care. (3) Employers across multiple industries are raising wages. The health care sector in California must offer higher wages to remain competitive. (4) Members of the health care team such as certified nursing assistants, patient aides, technicians, and food service workers, among many others, are essential to both routine medical care and emergency response efforts. (5) Even before the COVID-19 pandemic, California was facing an urgent and immediate shortage of health care workers, adversely impacting the health and well-being of Californians, especially economically disadvantaged Californians. The pandemic has worsened these shortages. Higher wages are needed to attract and retain health care workers to treat patients, including being prepared to provide necessary care in an emergency. (6) The Legislature finds and declares that laws that establish, require, impose, limit or otherwise relate to wages, salary, or compensation affect access to quality health care for all residents of, and visitors to, the state provided by licensed health care facilities, which serve as a critical part of the state’s ability to respond to catastrophic emergencies. The Legislature also finds and declares that the time limitations and other provisions established by this section are necessary to stabilize the health care system following the state and federal public health emergencies related to COVID-19, the closure and bankruptcy of licensed health care facilities, and the reduction in vital services by licensed health care facilities due to financial distress and the health care workforce crisis that has resulted in staffing shortages and strain for health care workers. The Legislature further finds and declares that access to quality health care and the stability of the health care system is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this section occupies the whole field of wages, salary, or compensation for covered health care facility employees, and applies to all cities and counties, including charter cities, charter counties, and charter cities and counties during the stabilization period provided by this section. (7) The Legislature finds and declares that it is the intent of the Legislature that subclause (I) of clause (ii) of subparagraph (B) of paragraph (2) of subdivision (b) of this section is declarative of existing law. (b) As used in this section: (1) (A) “Covered health care employee” means any of the following: (i) An employee of a health care facility employer who provides patient care, health care services, or services supporting the provision of health care, which includes, but is not limited to, employees performing work in the occupation of a nurse, physician, caregiver, medical resident, intern or fellow, patient care technician, janitor, housekeeping staff person, groundskeeper, guard, clerical worker, nonmanagerial administrative worker, food service worker, gift shop worker, technical and ancillary services worker, medical coding and medical billing personnel, scheduler, call center and warehouse worker, and laundry worker, regardless of formal job title. (ii) A contracted or subcontracted employee described in subparagraph (B). (B) “Covered health care employee” includes a contracted or subcontracted employee, if clauses (i) and (ii) apply: (i) The employee’s employer contracts with the covered health care facility employer, or with a contractor or subcontractor to the covered health care facility employer, to provide health care services, or services supporting the provision of health care. (ii) (I) Consistent with the definitions of “employ” and “employer” in the Industrial Welfare Commission wage orders, the covered health care facility employer directly or indirectly, or through an agent or any other person, engages, suffers, or permits an employee to work, or exercises control over the employee’s wages, hours or working conditions, or (II) The employee performs contracted or subcontracted work primarily on the premises of a covered health care facility. For purposes of this subparagraph, “primarily” means more than one-half of the employee’s work time during a workweek. (iii) A contracted or subcontracted employee shall be paid the applicable minimum wage in this section for all hours worked providing patient care, health care services, or services supporting the provision of health care. (C) Notwithstanding subparagraph (A), “covered health care employee” does not include: (i) Employment as an outside salesperson. (ii) Any work performed by a public employee where the public employee is not primarily engaged in services described in clause (i) of subparagraph (A) performed for a covered health care facility. For purposes of this subparagraph, “primarily” means more than one-half of the employee’s work time during a workweek. (iii) Delivery or waste collection work on the premises of a covered health care facility, provided that the delivery or waste collection worker is not an employee of any person that owns, controls, or operates a covered health care facility. (iv) Medical transportation services in or out of a covered health care facility, provided that the medical transportation services worker is not an employee of any person that owns, controls, or operates a covered health care facility. (2) (A) “Covered health care facility” means a licensed skilled nursing facility, as defined in subdivision (c) of Section 1250 of the Health and Safety Code, that is not covered by Section 1182.14. (B) “Covered health care facility” does not include either of the following: (i) A health care facility, as described in subparagraph (A), that is owned, controlled, or operated by the state or any state agency of the executive branch. As used in this subparagraph, “state agency” includes every state office, officer, department, division, bureau, board, and commission under the executive branch, including any constitutional offices or officers, California State University, or California Community College, but does not include a health care district or the University of California. (ii) A tribal clinic exempt from licensure under subdivision (c) of Section 1206 of the Health and Safety Code, or an outpatient setting conducted, maintained, or operated by a federally recognized Indian tribe, tribal organization, or urban Indian organization, as defined in Section 1603 of Title 25 of the United States Code. (3) “Employ” means to engage, suffer, or permit to work. (4) “Employee” means any person employed by an employer. (5) “Employer” means a person who directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, hours, or working conditions of any person. (6) “Health care services” means patient care-related services including nursing; caregiving; services provided by medical residents, interns, or fellows; technical and ancillary services; janitorial work; housekeeping; groundskeeping; guard duties; business office clerical work; food services; laundry; medical coding and billing; call center and warehouse work; scheduling; and gift shop work; but only where such services support patient care. (7) “Health care worker minimum wage” means the minimum wage rate established by this section. (c) For any covered health care facility employer covered by this section, the minimum wage for all covered health care employees shall be as follows: (1) From July 1, 2024, to June 30, 2026, inclusive, twenty-one dollars ($21) per hour. (2) From July 1, 2026, to June 30, 2028, inclusive, twenty-three dollars ($23) per hour. (3) From July 1, 2028, and until adjusted pursuant to subdivision (d), twenty-five dollars ($25) per hour. (d) (1) Following the implementation of the minimum wage increase specified in subdivision (c), on or before August 1 of the following year, and on or before each August 1 thereafter, the Director of Finance shall calculate an adjusted minimum wage. The calculation shall increase the health care worker minimum wage by the lesser of 3.5 percent or the rate of change in the averages of the most recent July 1 to June 30, inclusive, period over the preceding July 1 to June 30, inclusive, period for the United States Bureau of Labor Statistics nonseasonally adjusted United States Consumer Price Index for Urban Wage Earners and Clerical Workers (U.S. CPI-W). The result shall be rounded to the nearest ten cents ($0.10). Each adjusted health care worker minimum wage increase calculated under this subdivision shall take effect on the following January 1. (2) If the rate of change in the averages of the most recent July 1 to June 30, inclusive, period over the preceding July 1 to June 30, inclusive, period for the United States Bureau of Labor Statistics nonseasonally adjusted U.S. CPI-W is negative, there shall be no increase or decrease in the health care worker minimum wage pursuant to this subdivision on the following January 1. (e) The health care worker minimum wages shall constitute the state minimum wages for covered health care employment for all purposes under this code and the wage orders of the Industrial Welfare Commission. (f) (1) A health care worker minimum wage shall be enforceable by the Labor Commissioner in accordance with the procedures set forth in Section 98, 98.1, 98.2, 98.3, 98.7, 98.74, or 1197.1, or by a covered worker through a civil action, through the same means and with the same relief available for violation of any other state minimum wage requirement. (2) (A) The Department of Industrial Relations shall amend, supplement, and republish the Industrial Welfare Commission’s wage orders to be consistent with this section. The Department of Industrial Relations shall make no other changes to the wage orders of the Industrial Welfare Commission that are in existence on the effective date of this section. The Department of Industrial Relations shall meet the requirements set forth in Section 1183. (B) Every employer that is subject to this section shall comply with all of the following: (i) Post a copy of the order as amended, supplemented and republished by the Department of Industrial Relations under this section and keep it posted in a conspicuous location frequented by employees during the hours of the workday, as required by Section 1183. (ii) Provide to each employee on the effective date of the earliest minimum wage increase pursuant to subdivision (c), a written notice, in the language the employer normally uses to communicate employment-related information to the employee, indicating the paragraph of subdivision (c) that applies to the employer and the health care worker minimum wage schedule applicable to the employee. (C) Any amendment, supplement, and republication pursuant to this section shall be exempt from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), and from the procedures set forth in Sections 1177, 1178.5, 1181, 1182, and 1182.1. (g) For covered health care employment where the compensation of the employee is on a salary basis, the employee shall earn a monthly salary equivalent to no less than 150 percent of the health care worker minimum wage or 200 percent of the minimum wage, as described in Section 1182.12, whichever is greater, for full-time employment in order to qualify as exempt from the payment of minimum wage and overtime under the law of this state, including where the employer is a political subdivision of the state, a health care district, the University of California, or a municipality. (h) (1) An ordinance, regulation, or administrative action applicable to a covered health care facility, as defined in this section, that establishes, requires, imposes, limits, or otherwise relates to wages or compensation for covered health care facility employees, as defined in this section, shall not be enacted or enforced in or by any city, county, city and county, including charter cities, charter counties, and charter cities and counties. (2) Any ordinance, regulation, or administrative action taken by any city, county, or city and county, including charter cities, charter counties, and charter cities and counties, that is enacted or takes effect after September 6, 2023, related to covered health facilities, that establishes, requires, imposes, limits, or otherwise relates to wages, salaries, or compensation for covered health care facility employees, as defined in this section, is void. (3) This subdivision does not preclude any employer, including a city, county, city and county, including charter cities, charter counties, and charter cities and counties, that employs health care employees, from establishing higher wage, salary, or compensation rates for its employees or contracted or subcontracted employees. (4) This subdivision does not preclude a city, county, city and county, including charter cities, charter counties, and charter cities and counties from establishing a minimum wage that would apply uniformly to all employees across all industries and sectors and not exclusively to employees employed by covered health care facilities. (5) This subdivision does not preclude a city, county, city and county, including charter cities, charter counties, and charter cities and counties, from establishing or enforcing a minimum wage applicable to covered health care facility employees, as defined in this section, after January 1, 2034. Any such ordinance, regulation, or administrative action shall be evaluated under ordinary preemption principles. (6) This subdivision does not preclude a city, county, city and county, including charter cities, charter counties, and charter cities and counties, from enacting an ordinance or regulation, or taking administrative action, limiting or otherwise relating to compensation for covered health care facility employees, as defined in this section, after January 1, 2030. Any such ordinance, regulation, or administrative action shall be evaluated under ordinary preemption principles. (7) This subdivision shall take effect only if subdivision (c) takes effect. (i) This section shall only take effect when a patient care minimum spending requirement applicable to skilled nursing facilities, as covered in this section, is in effect. (Amended by Stats. 2024, Ch. 40, Sec. 28. (SB 159) Effective June 29, 2024.)
  39. 1182.16.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    This section delays specified minimum wage increases unless certain fiscal or health-services notifications happen; if the listed conditions are met, the increases become effective on the stated dates.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 1182.16. Notwithstanding subdivision (c) of Section 1182.14 and subdivision (c) of Section 1182.15, the effective dates of the minimum wage increases required by subparagraph (A) of paragraph (1) of subdivision (c), subparagraph (A) of paragraph (2) of subdivision (c), clause (i) of subparagraph (B) of paragraph (3) of subdivision (c), and subparagraph (A) of paragraph (4) of subdivision (c) of Section 1182.14 and paragraph (1) of subdivision (c) of Section 1182.15 shall be delayed until either subdivision (a) or (b) occur: (a) (1) If, on or before October 15, 2024, the Director of Finance notifies the Joint Legislative Budget Committee that the Department of Finance has determined that agency cash receipts for the period from July 1, 2024, through September 30, 2024, are at least 3 percent higher than the agency cash receipts projected at the time the 2024 Budget Act was enacted for the July 1, 2024, through September 30, 2024 period, based on current law as of the 2024 Budget Act, the minimum wage increases set forth in subparagraph (A) of paragraph (1) of subdivision (c), subparagraph (A) of paragraph (2) of subdivision (c), clause (i) of subparagraph (B) of paragraph (3) of subdivision (c), and subparagraph (A) of paragraph (4) of subdivision (c) of Section 1182.14 and paragraph (1) of subdivision (c) of Section 1182.15 shall be effective October 15, 2024. (2) For purposes of this subdivision, “agency cash receipts” means the total amount of the following: (A) Amounts received under Parts 10, 10.2, and 11 of Division 2 of the Revenue and Taxation Code, that are reported by the Franchise Tax Board to the Department of Finance as total net collections, excluding elective tax payments pursuant to Part 10.4 of Division 2 of the Revenue and Taxation Code, pursuant to law, regulation, procedure, and practice (commonly referred to as the “102 Report”) in effect on the effective date of the act establishing this section. (B) Sales and use tax net cash receipts, as reported by the California Department of Tax and Fee Administration. (b) If the State Department of Health Care Services notifies the Joint Legislative Budget Committee that it has initiated the data retrieval required in accordance with subdivision (b) of Section 14169.59 of the Welfare and Institutions Code necessary to implement an increase to hospital quality assurance fee revenues for the program period beginning on January 1, 2025, in accordance with Article 5.230 (commencing with Section 14169.50) of Chapter 7 of Part 3 of Division 9 of the Welfare and Institutions Code, which would fund increases to supplemental Medi-Cal program payments to hospitals that will provide significant new revenues to hospitals and could support hospitals in complying with, and partially mitigate Medi-Cal program costs of, Sections 1182.14 and 1182.15, the minimum wage increases set forth in subparagraph (A) of paragraph (1) of subdivision (c), subparagraph (A) of paragraph (2) of subdivision (c), clause (i) of subparagraph (B) of paragraph (3) of subdivision (c), and subparagraph (A) of paragraph (4) of subdivision (c) of Section 1182.14 and paragraph (1) of subdivision (c) of Section 1182.15 shall be effective the earlier of January 1, 2025, or 15 days after the date of the State Department of Health Care Service’s notification to the Joint Legislative Budget Committee. (Added by Stats. 2024, Ch. 40, Sec. 29. (SB 159) Effective June 29, 2024.)
  40. 1182.4.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    Certain camp workers are exempt from minimum wage or maximum hour orders if they earn at least 85% of the minimum wage for a 40-hour week; if they work under 40 hours, they must still be paid at least 85% of the minimum hourly wage for each hour.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 1182.4. (a) No student employee, camp counselor, or program counselor of an organized camp shall be subject to a minimum wage or maximum hour order of the commission if the student employee, camp counselor, or program counselor receives a weekly salary of at least 85 percent of the minimum wage for a 40-hour week, regardless of the number of hours per week the student employee, camp counselor, or program counselor might work at the organized camp. If the student employee, camp counselor, or program counselor works less than 40 hours per week, the student employee, camp counselor, or program counselor shall be paid at least 85 percent of the minimum hourly wage for each hour worked. (b) An organized camp may deduct the value of meals and lodging from the salary of a student employee, camp counselor, or program counselor pursuant to appropriate orders of the commission. (c) As used in this section, “organized camp” means an organized camp, as defined in Section 18897 of the Health and Safety Code, which meets the standards of the American Camping Association. (Amended by Stats. 1980, Ch. 379.)
  41. 1182.5.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    An employer with a qualifying preexisting workweek arrangement may petition for review and must also send a copy to the Labor Commissioner; the Labor Commissioner then reviews, may reject nonqualifying petitions, and must certify qualifying arrangements within three months.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 1182.5. (a) The Legislature finds that the time permitted the Industrial Welfare Commission to consider daily overtime compensation petitions that are to be given priority attention by the commission pursuant to Section 20 of Chapter 1083 of the Statutes of 1980, has created unanticipated delays in the review and possible modification of applicable commission orders for preexisting workweek arrangements, as defined in subdivision (b). The Legislature finds further that legislation is necessary to provide redress of hardships resulting from these unanticipated delays by the enactment of special commission review procedures that augment, and do not limit in any way, the rights and privileges of parties before the Industrial Welfare Commission under this chapter. (b) For purposes of this section only, a “preexisting workweek arrangement” is defined as, and limited to, a workweek arrangement that existed before November 1980, and had to be modified or abandoned by an employer because the workweek arrangement did not qualify for any exemption provided by the Industrial Welfare Commission from its daily overtime requirements for collectively bargained arrangements, and did not otherwise comply with the daily overtime requirements of an applicable commission order. (c) An employer who has had in operation an established preexisting workweek arrangement may, prior to July 1, 1985, file a verified petition with the commission for review and modification of an applicable order and, upon filing this petition, shall simultaneously file a copy with the Labor Commissioner. Upon receipt of the petition by the Labor Commissioner a stay of enforcement of the applicable commission order as it would affect the workweek arrangement shall take effect. The Labor Commissioner may reject a petition that, on its face, cannot qualify as a preexisting workweek arrangement. Within three months of commencement of the stay the Labor Commissioner shall certify the preexisting workweek arrangement to the commission if, upon examination, the Labor Commissioner finds that all of the following conditions are met by the workweek arrangement: (1) It was established by the petitioning employer and was in operation prior to November 1980. (2) It had to be abandoned or modified by the employer because of noncompliance with the applicable order of the commission. (3) It was established on a nondiscriminatory basis with the support of affected employees and it continues to have the support of two-thirds of the employees in the covered work group. (4) It complied with all applicable standards of the commission, other than daily overtime requirements. (5) It is found, after consultation with the Director of Industrial Relations when appropriate, not to be adverse to the health and welfare of affected employees. In the course of examining a preexisting workweek arrangement and following certification, the Labor Commissioner shall not divert any of the resources of the Division of Labor Standards Enforcement for the purpose of investigating, prosecuting, or otherwise acting upon any alleged violations of the daily overtime provisions of an applicable commission order during any period in 1980 in which a court-issued stay of enforcement was in effect for these provisions; provided, the workweek arrangement involved was in operation during that period in good faith reliance by the employer upon the court-issued stay of enforcement and with the approval of two-thirds of the employer’s affected employees. (d) In the course of examining a petition for certification to the commission, the Labor Commissioner shall have access to all pertinent records of the petitioning employer and shall have the authority to converse with affected employees of the employer without the presence of management. Until the commission takes action on a petition, the Labor Commissioner shall retain the authority to withdraw a certification to the commission for cause. (e) Upon receipt by the commission of the Labor Commissioner’s certification of a preexisting workweek arrangement, the stay of enforcement shall continue as hereinafter provided beyond the three-month period for certification until modified or rescinded by the commission. The modification or rescission shall not be made without an appropriate hearing and findings regarding the applicable order. If the commission undertakes review of the applicable order, the stay of enforcement shall continue through the review process and until any resulting modification of the applicable order, in which case, the modified order shall become applicable to the preexisting workweek arrangement. (Amended by Stats. 1984, Ch. 869, Sec. 1.)
  42. 1182.6.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    Certain 24/7 manufacturing employers with an existing qualifying workweek arrangement may use a special 3-day or 3/4-day schedule if two-thirds of affected employees approve it.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 1182.6. (a) No employer who continuously operates a manufacturing facility 24 hours a day for seven days a week, and who has had in operation an established preexisting workweek arrangement, as defined in subdivision (b), shall be in violation of this code or any applicable wage order of the commission by instituting, pursuant to an agreement voluntarily executed by the employer and at least two-thirds of the affected employees before the performance of the work, a regularly scheduled workweek that includes three working days of not more than 12 hours a day, or regularly scheduled workweeks that include three working days of not more than 12 hours a day one week and four working days of not more than 12 hours a day in the following week for an average workweek of 42 hours over a two-week period. (b) For purposes of this section only, a “preexisting workweek arrangement” is defined as, and limited to, a workweek arrangement that existed before November 1980, and had to be modified or abandoned by an employer because the workweek arrangement did not qualify for any exemption provided by the Industrial Welfare Commission from its daily overtime requirements for collectively bargained arrangements, and did not otherwise comply with the daily overtime requirements of an applicable commission order. (c) The agreement described in subdivision (a) shall be confirmed by an affirmative vote by secret ballot by at least two-thirds of the affected employees, and may be rescinded at any time by a two-thirds vote of the affected employees. A new vote on whether the agreement described in subdivision (a) shall be continued shall be held every three years, and an affirmative vote by at least two-thirds of the affected employees shall be necessary to continue the agreement. (d) The employer shall not be required to pay premium wage rates to employees working a schedule described in subdivision (a) unless the employee is required or permitted to work more than 12 hours in any workday, more than the scheduled three or four days in any workweek, or more than 40 hours in any workweek. (e) This section shall not apply to any employer who is now, or in the future becomes, a party to a collective-bargaining agreement covering employees who would otherwise be covered by this section. (f) No employee working a schedule described in subdivision (a) shall be required to work more than four consecutive days within seven consecutive days. (Amended by Stats. 2006, Ch. 538, Sec. 482. Effective January 1, 2007.)
  43. 1182.7.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    This section creates special commission review procedures for certain health care industry petitions and sets deadlines for the commission to act, hold hearings, give notice, and make final decisions.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 1182.7. (a) The Legislature finds that the time permitted the Industrial Welfare Commission to consider petitions, including, but not limited to, daily overtime compensation petitions that are to be given priority attention by the commission pursuant to Section 20 of Chapter 1083 of the Statutes of 1980, has created unanticipated and unwarranted delays in the review and possible modification of applicable commission orders. The Legislature finds further that legislation is necessary to provide redress of hardships resulting from these delays by the enactment of special commission review procedures that augment, and do not limit in any way, the rights and privileges of parties before the Industrial Welfare Commission under this chapter. (b) Notwithstanding any other provisions of this chapter to the contrary, if a labor organization or a trade association recognized in the health care industry files or has filed a petition with the commission that requests an amendment to an order of the commission that would directly regulate only the health care industry, the petitioner may request that the ordinary procedure established by this chapter for the review of petitions of this nature not be used and that the procedure specified in subdivisions (c) and (d) be followed instead. If the request is made by the petitioner, the commission shall be required to follow the procedure specified in subdivisions (c) and (d). (c) Upon the filing of a request under subdivision (b), the procedure to revise an order of the commission provided in Sections 1178 to 1182, inclusive, shall be waived. In lieu of that procedure, the commission shall propose the adoption of or may reject the petition, in whole or in part, without appointing a wage board. The commission shall act on the petition within 45 days of the date the petition is originally filed. If the commission rejects the petition, it shall state its reasons for rejection. The commission shall thereafter conduct hearings on any proposal to adopt the petition in whole or in part in the manner specified in subdivision (c) of Section 1178.5 and publish the proposed action in the manner provided in Section 1181. However, the hearings shall be conducted within 90 days of the date the petition is originally filed. (d) Not more than 30 days following the hearings specified in subdivision (c), the commission shall take final action with respect to its proposal. No later than 15 days following final action, notice of the action taken shall be given in the manner provided for in Sections 1182.1 and 1183. Any action adopting, amending, or repealing an order of the commission pursuant to this section shall take effect 60 days following the date of this notice. (e) Notwithstanding any other provisions of this chapter, the commission shall not adopt, amend, or repeal a proposal which has been changed from that which has originally been made available to the public, unless the change is nonsubstantive in nature and the commission complies with the procedure specified in this subdivision. If a substantive change is made to the original proposal after the close of the public hearing, the full text of the resulting change shall be noticed within five days and made available to the public for comments for at least 10 days before the commission adopts, amends, or repeals the regulation. No later than 10 days following the close of the public comment period, the commission shall take final action with respect to its modified proposal, and give notice of that action within 10 days in the manner provided in Sections 1182.1 and 1183. In no case shall any action adopting, amending, or repealing an order take effect more than 60 days following the close of the public comment period. (Amended by Stats. 1987, Ch. 460, Sec. 1.)
  44. 1182.8.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    An employer may charge a resident apartment manager up to two-thirds of the apartment’s fair market rental value under a voluntary written agreement, so long as the apartment credit is not used to satisfy minimum wage obligations.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 1182.8. No employer shall be in violation of any provision of any applicable order of the Industrial Welfare Commission relating to credit or charges for lodging for charging, pursuant to a voluntary written agreement, a resident apartment manager up to two-thirds of the fair market rental value of the apartment supplied to the manager, if no credit for the apartment is used to meet the employer’s minimum wage obligation to the manager. (Added by Stats. 1982, Ch. 913, Sec. 1.)
  45. 1183.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    The commission must mail wage-order copies to affected employers, and employers must post the order where affected employees can see it.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 1183. (a) So far as practicable, the commission, by mail, shall send a copy of the order authorized by Section 1182 to each employer in the occupation or industry in question, and each employer shall post a copy of the order in the building in which employees affected by the order are employed. The commission shall also send a copy of the order to each employer registering his or her name with the commission for that purpose, but failure to mail the order or notice of the order to any employer affected by the order shall not relieve the employer from the duty of complying with the order. (b) The commission shall prepare a summary of the regulations contained in its orders. The summary shall be printed on the first page of the document containing the full text of the order. The summary shall include a brief description of the following subjects of the orders: minimum wage, hours and days of work, reporting time, pay records, cash shortages and breakage, uniforms and equipment, meals and lodging, meal and rest periods, and seats. The summary shall also include information as to how to contact the field office of the Division of Labor Standards Enforcement, how to obtain a copy of the full text of the order and the statement as to the basis for the order, and any other information the commission deems necessary. The commission, at its discretion, may prepare a separate summary for each order or any combination of orders, or it may incorporate the regulations of all its orders into a single summary. (c) A finding by the commission that there has been publication of any action taken by the commission as required by Section 1182.1 is conclusive as to the obligation of an employer to comply with the order. (d) Every employer who is subject to an order of the commission shall post a copy of the order and keep it posted in a conspicuous location frequented by employees during the hours of the workday. (Repealed and added by Stats. 1998, Ch. 150, Sec. 4. Effective January 1, 1999.)
  46. 1184.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    Commission actions under Section 1182 become effective on the first day of the next January or July, and only if at least 60 days have passed since publication under Section 1182.1.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 1184. Any action taken by the commission pursuant to Section 1182 shall be effective on the first day of the succeeding January or July and not less than 60 days from the date of publication pursuant to Section 1182.1. (Amended by Stats. 1998, Ch. 150, Sec. 5. Effective January 1, 1999.)
  47. 1185.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    Commission orders on minimum wages, maximum hours, and labor conditions are valid and operative if they are promulgated under this chapter, and they are exempt from a specified Government Code article.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 1185. The orders of the commission fixing minimum wages, maximum hours, and standard conditions of labor for all employees, when promulgated in accordance with the provisions of this chapter, shall be valid and operative and such orders are hereby expressly exempted from the provisions of Article 5 (commencing with Section 11346) of Chapter 3.5 of Part 1 of Division 3 of Title 2 of the Government Code. (Amended by Stats. 1980, Ch. 676.)
  48. 1186.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    People employed in pharmacy are generally not exempt from Industrial Welfare Commission coverage, except where they individually qualify as executive or administrative employees. They also cannot be placed under the professional-employee exemption.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 1186. A person employed in the practice of pharmacy is not exempt from coverage under any provision of the orders of the Industrial Welfare Commission unless he or she individually meets the criteria established for exemption as executive or administrative employees. No person employed in the practice of pharmacy may be subject to any exemption from coverage under the orders of the Industrial Welfare Commission established for professional employees. (Added by Stats. 1999, Ch. 190, Sec. 2. Effective January 1, 2000.)
  49. 1186.5.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    Certain pharmacists in the mercantile industry may adopt alternative workweek schedules under Wage Order 4.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 1186.5. Notwithstanding any other provision of law, pharmacists engaged in the practice of pharmacy who are employed in the mercantile industry, as defined by Wage Order 7 of the Industrial Welfare Commission, shall be permitted to adopt alternative workweek schedules allowed by the provisions of Wage Order 4, including the provisions for alternative workweeks that can be adopted by employees working in the health care industry. (Added by Stats. 2007, Ch. 480, Sec. 1. Effective January 1, 2008.)
  50. 1187.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    The commission’s findings of fact are conclusive unless there is fraud.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 1187. The findings of fact made by the commission are, in the absence of fraud, conclusive. (Enacted by Stats. 1937, Ch. 90.)
  51. 1188.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    A person aggrieved by a final commission rule or regulation may ask the commission for a rehearing within 20 days after publication.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 1188. Any person aggrieved directly or indirectly by any final rule or regulation of the commission made under this chapter may apply to the commission for a rehearing in respect to any matters determined or covered therein and specified in the application for rehearing within twenty days after the publication thereof. The application for rehearing shall be verified and shall state fully the grounds upon which the application for rehearing is based. The commission upon considering an application for rehearing may grant the same by order and notice thereof given by mail to the party applying for the rehearing, and fix a time for the rehearing and reconsider its order, rule, or regulation. The commission may redetermine the matter upon the record before it and give notice of its redetermination in the same manner as provided for service of an original order, rule, or regulation. The commission may deny such rehearing upon the record before it, giving notice of its decision by mail to the applicant therefor. Such rehearing is deemed to be denied unless acted upon by the commission within thirty days after being filed. (Enacted by Stats. 1937, Ch. 90.)
  52. 119.

    ## 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 attorney must represent the state, the Division of Workers’ Compensation, and the appeals board, pursue and speed up authorized actions, advise the director and board on request, and perform required attorney services.

    ## 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. ) ## 119. The attorney shall: (a) Represent and appear for the state and the Division of Workers’ Compensation and the appeals board in all actions and proceedings arising under any provision of this code administered by the division or under any order or act of the division or the appeals board and, if directed so to do, intervene, if possible, in any action or proceeding in which any such question is involved. (b) Commence, prosecute, and expedite the final determination of all actions or proceedings, directed or authorized by the administrative director or the appeals board. (c) Advise the administrative director and the appeals board and each member thereof, upon request, in regard to the jurisdiction, powers or duties of the administrative director, the appeals board and each member thereof. (d) Generally perform the duties and services as attorney to the Division of Workers’ Compensation and the appeals board which are required of him or her. (Amended by Stats. 1994, Ch. 1097, Sec. 6. Effective January 1, 1995.)
  53. 1190.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    A court of competent jurisdiction may review or otherwise act on the commission’s orders, rules, or regulations under this chapter, if allowed by state and federal constitutional law.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 1190. Nothing in this chapter shall prevent a review or other action permitted by the Constitution and laws of this State by a court of competent jurisdiction with reference to any order, rule, or regulation of the commission under this chapter. (Enacted by Stats. 1937, Ch. 90.)
  54. 1191.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    This section lets the commission issue limited special licenses for some disabled employees below minimum wage, but it phases out new licenses and requires later reports and a plan to move workers to at least minimum wage.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 1191. (a) For any occupation in which a minimum wage has been established, the commission may issue to an employee who is mentally or physically disabled, or both, a special license authorizing the employment of the licensee for a period not to exceed one year from date of issue, at a wage less than the legal minimum wage. The commission shall fix a special minimum wage for the licensee. That license may be renewed on a yearly basis. No new licenses may be issued after January 1, 2022. Upon release of the plan, as described in subdivision (c), a license may only be renewed for existing licenseholders who meet the requisite benchmarks in the development plan established in accordance with subdivisions (c) and (d). This subdivision shall remain operative only until January 1, 2025, or until the plan as described in subdivision (c) is released, whichever is later, and as of that date is inoperative. (b) Commencing January 1, 2025, or when the plan as described in subdivision (c) is released, whichever is later, an employee with a disability shall not be paid less than the legal minimum wage required by Section 1182.12 or the applicable local minimum wage ordinance, whichever is higher. (c) The State Council on Developmental Disabilities, in consultation with stakeholders and relevant state agencies, as appropriate, including, but not limited to, the Department of Finance, the Labor and Workforce Development Agency, the Department of Rehabilitation, the State Department of Education, and the State Department of Developmental Services, shall develop a multiyear phaseout plan with stakeholder involvement, by January 1, 2023, in accordance with the procedures set forth in subdivision (d), to pay any employee with a disability, by January 1, 2025, no less than the minimum wage otherwise required for an employee under Section 1182.12 or the applicable local minimum wage ordinance, whichever is higher. (d) The multiyear phaseout plan, as described in subdivision (c) shall include, but not be limited to, all of the following: (1) Benchmarks and desired outcomes for each year of the plan. (2) A list of the resources necessary to ensure that employees with disabilities can receive services and support according to their needs and preferences of the individuals and in an integrated setting, regardless of the nature or severity of each individual’s disabilities, including an assessment of the financial investment needed to transition individuals to competitive integrated employment or other services, the development of new rates for new service models or additional rates necessary for competitive integrated employment supports, and suggestions for revenue streams. (3) A road map for applying to and using all federal funding programs, including, but not limited to, programs available under Medicaid waiver amendments, technical assistance grants under the Office of Disability Employment Policy, and resources under the federal Workforce Innovation and Opportunity Act, to assist individuals with disabilities to obtain competitive, integrated employment. (4) Data collection and reporting requirements for tracking the following outcomes for the individual employees with disabilities who are transitioned out of subminimum wage employment: (A) Wages earned. (B) Hours worked each month. (C) Type of job. (D) Length of employment. (E) Services utilized to obtain competitive integrated employment. (5) Data collection and reporting requirements that will track the following aggregate outcomes of employees with disabilities who transition out of subminimum wage employment: (A) Total number of individuals with disabilities who are employed and paid subminimum wage. (B) Employment rates. (C) The number of individuals who were participating in a subminimum wage position that are not participating in job search activities. (D) The number of individuals who move from subminimum wage positions to nonpaying activities. (E) The number of individuals who move from subminimum wage positions to positions that are paid at or above minimum wage. (e) In developing the multiyear phaseout plan pursuant to subdivisions (c) and (d), the State Council on Developmental Disabilities shall engage with and seek input from people with developmental disabilities who have experience working for subminimum wage and stakeholder organizations, including, but not limited to, the protection and advocacy agency designated by the Governor in this state to fulfill the requirements and assurances of the federal Developmental Disabilities Assistance and Bill of Rights Act of 2000, other self-advocate and family organizations, provider organizations, including representatives of organizations utilizing the special minimum wage license and those who previously utilized special minimum wage licenses and have successfully transitioned to other employment models, employer and business organizations, and vocational training programs representing those impacted by the changes made to wages for individuals with disabilities. (f) (1) By January 1, 2023, the State Council on Developmental Disabilities shall release and publicly post a report detailing its multiyear phaseout plan as described in subdivision (c) on its internet website. The State Council on Developmental Disabilities shall also submit a copy of the report on its multiyear phaseout plan to the appropriate policy committees of the Legislature for review on or before January 1, 2023. The report shall include, but not be limited to, all of the following: (A) Planned benchmarks developed to achieve the outcomes of the plan. (B) Recommendations for funding levels or other resources necessary to implement the plan. (C) Outreach and follow up for each employee with a disability who is being paid less than the minimum wage to ensure that the employee’s wages are brought up to the minimum wage. This outreach and followup may include consultation with members of the employee’s hiring or service coordination team, as appropriate. (2) The requirement for submitting a report imposed under paragraph (1) is inoperative on January 1, 2027, pursuant to Section 10231.5 of the Government Code. (3) A report to be submitted pursuant to paragraph (2) shall be submitted in compliance with Section 9795 of the Government Code. (g) (1) The State Council on Developmental Disabilities shall publicly post on its internet website and submit to the Legislature an annual report beginning on January 1, 2024, and continuing for each year of the multiyear phaseout plan, detailing at least, but not limited to, all of the following: (A) Status updates on the progress made to meet the developed benchmarks. (B) Recommendations for funding levels or other resources necessary to implement the plan and an accounting of the resources invested in the multiyear phaseout plan to date. (C) The data collected in accordance with paragraphs (4) and (5) of subdivision (d). (2) A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code. (h) For purposes of this section, “employee with a disability” means an employee who has a “physical disability” or “mental disability” as defined in Section 12926 of the Government Code. (Amended by Stats. 2021, Ch. 339, Sec. 2. (SB 639) Effective January 1, 2022.)
  55. 1192.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    For occupations with an established minimum wage, the commission may issue an apprentice or learner a special license and must set a special wage for that apprentice or learner.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 1192. For any occupation in which a minimum wage has been established, the commission may issue to an apprentice or learner a special license authorizing the employment of such apprentice or learner for the time and under the conditions which the commission determines and at a wage less than the legal minimum wage. The commission shall fix a special wage for such apprentice or learner. (Enacted by Stats. 1937, Ch. 90.)
  56. 1193.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    The commission may set the maximum number of employees allowed under certain licenses in covered occupations, trades, industries, or establishments with a minimum wage.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 1193. The commission may fix the maximum number of employees to be employed under the licenses provided for in Sections 1191 and 1192 in any occupation, trade, industry, or establishment in which a minimum wage has been established. (Amended by Stats. 1972, Ch. 1122.)
  57. 1193.5.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    The division enforces this chapter and its authorized representatives may investigate employee wages, hours, and working conditions, and supervise payment of unpaid minimum wages or overtime compensation.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 1193.5. The provisions of this chapter shall be administered and enforced by the division. Any authorized representative of the division shall have authority to: (a) Investigate and ascertain the wages of all employees, and the hours and working conditions of all employees employed in any occupation in the state; (b) Supervise the payment of unpaid minimum wages or unpaid overtime compensation owing to any employee under the provisions of this chapter or the orders of the commission. Acceptance of payment of sums found to be due on demand of the division shall constitute a waiver on the part of the employee of his or her cause of action under Section 1194. Unpaid minimum wages or unpaid overtime wages recovered by the division under the provisions of this section which for any reason cannot be delivered within six months from date of collection to the employee for whom such wages were collected shall be deposited into the Industrial Relations Unpaid Wage Fund in the State Treasury. (Amended by Stats. 1980, Ch. 1083.)
  58. 1193.6.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    The department or division may sue to recover unpaid minimum wages or unpaid overtime, even without employee consent.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 1193.6. (a) The department or division may, with or without the consent of the employee or employees affected, commence and prosecute a civil action to recover unpaid minimum wages or unpaid overtime compensation, including interest thereon, owing to any employee under this chapter or the orders of the commission, and, in addition to these wages, compensation, and interest, shall be awarded reasonable attorney’s fees, and costs of suit. The consent of any employee to the bringing of this action shall constitute a waiver on the part of the employee of his or her cause of action under Section 1194 unless the action is dismissed without prejudice by the department or the division. (b) The amendments made to this section by Chapter 825 of the Statutes of 1991 shall apply only to civil actions commenced on or after January 1, 1992. (Amended by Stats. 1992, Ch. 427, Sec. 119. Effective January 1, 1993.)
  59. 1194.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    An employee paid below the legal minimum wage or applicable overtime compensation may recover the unpaid amount in a civil action, plus interest, attorney’s fees, and costs.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 1194. (a) Notwithstanding any agreement to work for a lesser wage, any employee receiving less than the legal minimum wage or the legal overtime compensation applicable to the employee is entitled to recover in a civil action the unpaid balance of the full amount of this minimum wage or overtime compensation, including interest thereon, reasonable attorney’s fees, and costs of suit. (b) The amendments made to this section by Chapter 825 of the Statutes of 1991 shall apply only to civil actions commenced on or after January 1, 1992. (Amended by Stats. 1992, Ch. 427, Sec. 120. Effective January 1, 1993.)
  60. 1194.2.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    An employee may recover liquidated damages equal to unpaid wages plus interest in certain minimum-wage wage actions, but not for unpaid overtime.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 1194.2. (a) In any action under Section 98, 1193.6, 1194, or 1197.1 to recover wages because of the payment of a wage less than the minimum wage fixed by an order of the commission or by statute, an employee shall be entitled to recover liquidated damages in an amount equal to the wages unlawfully unpaid and interest thereon. Nothing in this subdivision shall be construed to authorize the recovery of liquidated damages for failure to pay overtime compensation. A suit may be filed for liquidated damages at any time before the expiration of the statute of limitations on an action for wages from which the liquidated damages arise. (b) Notwithstanding subdivision (a), if the employer demonstrates to the satisfaction of the court or the Labor Commissioner that the act or omission giving rise to the action was in good faith and that the employer had reasonable grounds for believing that the act or omission was not a violation of any provision of the Labor Code relating to minimum wage, or an order of the commission, the court or the Labor Commissioner may, as a matter of discretion, refuse to award liquidated damages or award any amount of liquidated damages not exceeding the amount specified in subdivision (a). (c) This section applies only to civil actions commenced on or after January 1, 1992. (Amended by Stats. 2014, Ch. 211, Sec. 1. (AB 2074) Effective January 1, 2015.)
  61. 1194.3.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    An employee may recover attorney’s fees and costs when enforcing a court judgment for unpaid wages due under this code.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 1194.3. An employee may recover attorney’s fees and costs incurred to enforce a court judgment for unpaid wages due pursuant to this code. (Added by Stats. 2011, Ch. 655, Sec. 8. (AB 469) Effective January 1, 2012.)
  62. 1194.5.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    If an employer willfully violates wage, hours, or working-conditions laws, regulations, or orders, the division may seek an injunction and a court may grant one to stop further violations.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 1194.5. In any case in which a person employing an employee has willfully violated any of the laws, regulations, or orders governing the wages, hours of work, or working conditions of such employee, the division may seek, in a court of competent jurisdiction, and the court may grant, an injunction against any further violations of any such laws, regulations, or orders by such person. (Amended by Stats. 1972, Ch. 1122.)
  63. 1195.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    Any person may file a complaint with the Division of Labor Standards Enforcement if an employee is being paid less than the minimum wage, and the division must investigate and take necessary enforcement steps.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 1195. Any person may register with the Division of Labor Standards Enforcement a complaint that the wage paid to an employee for whom a minimum wage has been fixed by the commission is less than that rate. The division shall investigate the matter and take all proceedings necessary to enforce the payment of a wage not less than the minimum wage. (Amended by Stats. 1979, Ch. 373.)
  64. 1195.5.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    The Division of Labor Standards Enforcement must determine, on request, whether certain employee wages were correctly computed and paid, may inspect employer records for that purpose, and must enforce payment of any unpaid sums found.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 1195.5. The Division of Labor Standards Enforcement shall determine, upon request, whether the wages of employees, which exceed the minimum wages fixed by the commission, have been correctly computed and paid. For this purpose, the division may examine the books, reports, contracts, payrolls and other documents of the employer relative to the employment of employees. The division shall enforce the payment of any sums found, upon examination, to be due and unpaid to the employees. (Amended by Stats. 1976, Ch. 1184.)
  65. 1197.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    Employees must be paid at least the minimum wage set by the commission or applicable state or local law; paying less is unlawful.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 1197. The minimum wage for employees fixed by the commission or by any applicable state or local law, is the minimum wage to be paid to employees, and the payment of a lower wage than the minimum so fixed is unlawful. This section does not change the applicability of local minimum wage laws to any entity. (Amended by Stats. 2015, Ch. 783, Sec. 2. (AB 970) Effective January 1, 2016.)
  66. 1197.1.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    Employers or related persons who pay employees less than the applicable minimum wage can face citations, civil penalties, restitution, and other related amounts.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 1197.1. (a) Any employer or other person acting either individually or as an officer, agent, or employee of another person, who pays or causes to be paid to any employee a wage less than the minimum fixed by an applicable state or local law, or by an order of the commission, shall be subject to a civil penalty, restitution of wages, liquidated damages payable to the employee, and any applicable penalties imposed pursuant to Section 203 as follows: (1) For any initial violation that is intentionally committed, one hundred dollars ($100) for each underpaid employee for each pay period for which the employee is underpaid. This amount shall be in addition to an amount sufficient to recover underpaid wages, liquidated damages pursuant to Section 1194.2, and any applicable penalties imposed pursuant to Section 203. (2) For each subsequent violation for the same specific offense, two hundred fifty dollars ($250) for each underpaid employee for each pay period for which the employee is underpaid regardless of whether the initial violation is intentionally committed. This amount shall be in addition to an amount sufficient to recover underpaid wages, liquidated damages pursuant to Section 1194.2, and any applicable penalties imposed pursuant to Section 203. (3) Wages, liquidated damages, and any applicable penalties imposed pursuant to Section 203, recovered pursuant to this section shall be paid to the affected employee. (b) If, upon inspection or investigation, the Labor Commissioner determines that a person has paid or caused to be paid a wage less than the minimum under applicable law, the Labor Commissioner may issue a citation to the person in violation. In addition, if, upon inspection or investigation, the Labor Commissioner determines that an employer has paid or caused to be paid a wage less than the wage set by contract in excess of the applicable minimum wage, the Labor Commissioner may issue a citation to the employer in violation to recover restitution of those amounts owed. The citation may be served personally, in the same manner as provided for service of a summons as described in Chapter 4 (commencing with Section 413.10) of Title 5 of Part 2 of the Code of Civil Procedure, by certified mail with return receipt requested, 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, if contract wages are unpaid, or both. The Labor Commissioner shall promptly take all appropriate action, in accordance with this section, to enforce the citation and to recover the civil penalty assessed, wages, liquidated damages, and any applicable penalties imposed pursuant to Section 203 in connection with the citation. (c) (1) If a person desires to contest a citation or the proposed assessment of a civil penalty, wages, liquidated damages, and any applicable penalties imposed pursuant to Section 203 therefor, the person shall, within 15 business days after service of the citation, notify the office of the Labor Commissioner that appears on the citation of their appeal by a request for an informal hearing. The Labor Commissioner or their deputy or agent shall, within 30 days, hold a hearing at the conclusion of which the citation or proposed assessment of a civil penalty, wages, liquidated damages, and any applicable penalties imposed pursuant to Section 203 shall be affirmed, modified, or dismissed. (2) The decision of the Labor Commissioner shall consist of a notice of findings, findings, and an order, all of 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, written findings, and order have been mailed to the party assessed. A writ of mandate may be taken from this finding to the appropriate superior court. The party shall 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. (3) As a condition to filing a petition for a writ of mandate, the petitioner seeking the writ shall first post a bond with the Labor Commissioner equal to the total amount of any minimum wages, contract wages, liquidated damages, and overtime compensation that are due and owing as determined pursuant to subdivision (b) of Section 558, as specified in the citation being challenged. The bond amount shall not include amounts for penalties. The bond shall be issued by a surety duly authorized to do business in this state, shall be issued in favor of unpaid employees, and shall ensure that the petitioner makes payments as set forth in this paragraph. If a decision is entered which affirms or modifies the amounts for minimum wages, contract wages, liquidated damages, or overtime compensation, the petitioner shall pay the amounts owed for the specified items included in a clerk’s judgment entered under subdivision (f) based on the decision, or pursuant to a court judgment in a writ of mandate proceeding under paragraph (2). If the request for a writ is withdrawn or dismissed without entry of judgment, the petitioner shall pay the amounts owed for the specified items pursuant to the citation, or the administrative decision if a pending writ of mandate is dismissed prior to a court decision, unless the parties have executed a settlement agreement for payment of some other amount. In the case of a settlement agreement, the petitioner shall pay the amount they are obligated to pay under the terms of the settlement. (4) If the employer fails to pay the amount of minimum wages, contract wages, liquidated damages, or overtime compensation owed within 10 days of the entry of judgment, dismissal or withdrawal of writ, or the execution of a settlement agreement, a portion of the undertaking, described in paragraph (3), equal to the amount owed, or the entire undertaking if the amount owed exceeds the undertaking, shall be forfeited to the Labor Commissioner for appropriate distribution. (d) 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. (e) When no petition objecting to a citation or the proposed assessment of a civil penalty, wages, liquidated damages, and any applicable penalties imposed pursuant to Section 203 is filed, a certified copy of the citation or proposed civil penalty, wages, liquidated damages, and any applicable penalties imposed pursuant to Section 203 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 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, wages, liquidated damages, and any applicable penalties imposed pursuant to Section 203. (f) When findings and the order thereon are made affirming or modifying a citation or proposed assessment of a civil penalty, wages, liquidated damages, and any applicable penalties imposed pursuant to Section 203 after hearing, a certified copy of these 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. (g) 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 the 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 them. (h) In a jurisdiction where a local entity has the legal authority to issue a citation against an employer for a violation of any applicable local minimum wage law, the Labor Commissioner, pursuant to a request from the local entity, may issue a citation against an employer for a violation of any applicable local minimum wage law if the local entity has not cited the employer for the same violation. If the Labor Commissioner issues a citation, the local entity shall not cite the employer for the same violation. (i) The civil penalties provided for in this section are in addition to any other penalty provided by law. (j) This section does not apply to any order of the commission relating to household occupations. (k) This section does not change the applicability of local minimum wage laws to any entity. (l) “Contract wages,” as used in this section, means wages based upon an agreement, in excess of the applicable minimum wage, for regular, nonovertime hours. (Amended by Stats. 2020, Ch. 370, Sec. 223. (SB 1371) Effective January 1, 2021.)
  67. 1197.2.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    An employer who can pay but willfully fails to pay a final wage judgment or Labor Commissioner final order within 90 days after it becomes final commits a misdemeanor.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 1197.2. (a) In addition to any other penalty imposed by law, an employer who willfully fails to pay and has the ability to pay a final court judgment or final order issued by the Labor Commissioner for all wages due to an employee who has been discharged or who has quit within 90 days of the date that the judgment was entered or the order became final is guilty of a misdemeanor. For purposes of this section, “final court judgment or final order” means a court judgment or order as to which the time to appeal has expired and there is no appeal pending. If the total amount of wages due is one thousand dollars ($1,000) or less, upon conviction therefor, the employer shall be fined not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000) or imprisoned in a county jail for not more than six months, for each offense. If the total amount of wages due is more than one thousand dollars ($1,000) upon conviction therefor, the employer shall be fined not less than ten thousand dollars ($10,000) nor more than twenty thousand dollars ($20,000), or imprisoned in a county jail for not less than six months, nor more than one year, or both the fine and imprisonment, for each offense. If there are multiple failures to pay wages involving more than one employee, the total amount of wages due to all employees shall be aggregated together for purposes of determining the level of fine and the term of imprisonment. (b) As used in this section, “willfully” has the same meaning as provided in Section 7 of the Penal Code. (c) Nothing in this section precludes prosecution under any other provision of law. (Amended by Stats. 2012, Ch. 867, Sec. 13. (SB 1144) Effective January 1, 2013.)
  68. 1197.5.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    Employers may not pay employees less because of sex, race, or ethnicity for substantially similar work, and they must keep specified employment records.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 1197.5. (a) An employer shall not pay any of its employees at wage rates less than the rates paid to employees of another sex for substantially similar work, when viewed as a composite of skill, effort, and responsibility, and performed under similar working conditions, except where the employer demonstrates: (1) The wage differential is based upon one or more of the following factors: (A) A seniority system. (B) A merit system. (C) A system that measures earnings by quantity or quality of production. (D) A bona fide factor other than sex, such as education, training, or experience. This factor shall apply only if the employer demonstrates that the factor is not based on or derived from a sex-based differential in compensation, is job related with respect to the position in question, and is consistent with a business necessity. For purposes of this subparagraph, “business necessity” means an overriding legitimate business purpose such that the factor relied upon effectively fulfills the business purpose it is supposed to serve. This defense shall not apply if the employee demonstrates that an alternative business practice exists that would serve the same business purpose without producing the wage differential. (2) Each factor relied upon is applied reasonably. (3) The one or more factors relied upon account for the entire wage differential. (4) Prior salary shall not justify any disparity in compensation. Nothing in this section shall be interpreted to mean that an employer may not make a compensation decision based on a current employee’s existing salary, so long as any wage differential resulting from that compensation decision is justified by one or more of the factors in this subdivision. (b) An employer shall not pay any of its employees at wage rates less than the rates paid to employees of another race or ethnicity for substantially similar work, when viewed as a composite of skill, effort, and responsibility, and performed under similar working conditions, except where the employer demonstrates: (1) The wage differential is based upon one or more of the following factors: (A) A seniority system. (B) A merit system. (C) A system that measures earnings by quantity or quality of production. (D) A bona fide factor other than race or ethnicity, such as education, training, or experience. This factor shall apply only if the employer demonstrates that the factor is not based on or derived from a race- or ethnicity-based differential in compensation, is job related with respect to the position in question, and is consistent with a business necessity. For purposes of this subparagraph, “business necessity” means an overriding legitimate business purpose such that the factor relied upon effectively fulfills the business purpose it is supposed to serve. This defense shall not apply if the employee demonstrates that an alternative business practice exists that would serve the same business purpose without producing the wage differential. (2) Each factor relied upon is applied reasonably. (3) The one or more factors relied upon account for the entire wage differential. (4) Prior salary shall not justify any disparity in compensation. Nothing in this section shall be interpreted to mean that an employer may not make a compensation decision based on a current employee’s existing salary, so long as any wage differential resulting from that compensation decision is justified by one or more of the factors listed in this subdivision. (c) Any employer who violates subdivision (a) or (b) is liable to the employee affected in the amount of the wages, and interest thereon, of which the employee is deprived by reason of the violation, and an additional equal amount as liquidated damages. (d) The Division of Labor Standards Enforcement shall administer and enforce this section. If the division finds that an employer has violated this section, it may supervise the payment of wages and interest found to be due and unpaid to employees under subdivision (a) or (b). Acceptance of payment in full made by an employer and approved by the division shall constitute a waiver on the part of the employee of the employee’s cause of action under subdivision (h). (e) Every employer shall maintain records of the wages and wage rates, job classifications, and other terms and conditions of employment of the persons employed by the employer. All of the records shall be kept on file for a period of three years. (f) Any employee may file a complaint with the division that the wages paid are less than the wages to which the employee is entitled under subdivision (a) or (b) or that the employer is in violation of subdivision (k). The complaint shall be investigated as provided in subdivision (b) of Section 98.7. The division shall keep confidential the name of any employee who submits to the division a complaint regarding an alleged violation of subdivision (a), (b), or (k) until the division establishes the validity of the complaint, unless the division must abridge confidentiality to investigate the complaint. The name of the complaining employee shall remain confidential if the complaint is withdrawn before the confidentiality is abridged by the division. The division shall take all proceedings necessary to enforce the payment of any sums found to be due and unpaid to these employees. (g) The department or division may commence and prosecute, unless otherwise requested by the employee or affected group of employees, a civil action on behalf of the employee and on behalf of a similarly affected group of employees to recover unpaid wages and liquidated damages under subdivision (a) or (b), and in addition shall be entitled to recover costs of suit. The consent of any employee to the bringing of any action shall constitute a waiver on the part of the employee of the employee’s cause of action under subdivision (h) unless the action is dismissed without prejudice by the department or the division, except that the employee may intervene in the suit or may initiate independent action if the suit has not been determined within 180 days from the date of the filing of the complaint. (h) An employee receiving less than the wage to which the employee is entitled under this section may recover in a civil action the balance of the wages, including interest thereon, and an equal amount as liquidated damages, together with the costs of the suit and reasonable attorney’s fees, notwithstanding any agreement to work for a lesser wage. (i) (1) A civil action to recover wages under subdivision (a) or (b) may be commenced no later than three years after the last date the cause of action occurs. (2) An employee is entitled to obtain relief for the entire period of time in which a violation of subdivision (a) or (b) exists, but not to exceed six years. (3) For purposes of this subdivision, a cause of action occurs when any of the following occur: (A) An alleged unlawful compensation decision or other practice is adopted. (B) An individual becomes subject to an alleged unlawful compensation decision or other practice. (C) When an individual is affected by application of an alleged unlawful compensation decision or other practice, including each time wages, benefits, or other compensation is paid, resulting in whole or in part from the decision or other practice. (4) Nothing in this subdivision shall prohibit the application of the doctrine of “continuing violation” or the “discovery rule” to any appropriate claim. (j) If an employee recovers amounts due to the employee under subdivision (c), and also files a complaint or brings an action under subdivision (d) of Section 206 of Title 29 of the United States Code which results in an additional recovery under federal law for the same violation, the employee shall return to the employer the amounts recovered under subdivision (c), or the amounts recovered under federal law, whichever is less. (k) (1) An employer shall not discharge, or in any manner discriminate or retaliate against, any employee by reason of any action taken by the employee to invoke or assist in any manner the enforcement of this section. If an employer engages in any action prohibited by this section within 90 days of the protected activity specified in this section, there shall be a rebuttable presumption in favor of the employee’s claim. An employer shall not prohibit an employee from disclosing the employee’s own wages, discussing the wages of others, inquiring about another employee’s wages, or aiding or encouraging any other employee to exercise their rights under this section. Nothing in this section creates an obligation to disclose wages. (2) Any employee who has been discharged, discriminated or retaliated against, in the terms and conditions of their employment because the employee engaged in any conduct delineated in this section may recover in a civil action reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer, including interest thereon, as well as appropriate equitable relief. (3) A civil action brought under this subdivision may be commenced no later than one year after the cause of action occurs. (l) As used in this section: (1) “Employer” includes public and private employers. Section 1199.5 does not apply to a public employer. (2) “Sex” has the same meaning as defined in Section 12926 of the Government Code. (3) “Wages” and “wage rates” include all forms of pay, including, but not limited to, salary, overtime pay, bonuses, stock, stock options, profit sharing and bonus plans, life insurance, vacation and holiday pay, cleaning or gasoline allowances, hotel accommodations, reimbursement for travel expenses, and benefits. Nothing in this paragraph shall be construed to define “wages” or “wage rates” for purposes of any other section of this code. (Amended by Stats. 2025, Ch. 468, Sec. 2. (SB 642) Effective January 1, 2026.)
  69. 1198.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    The commission’s fixed maximum hours and labor conditions apply to employees, and employing any employee beyond those hours or under prohibited labor conditions is unlawful.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 1198. The maximum hours of work and the standard conditions of labor fixed by the commission shall be the maximum hours of work and the standard conditions of labor for employees. The employment of any employee for longer hours than those fixed by the order or under conditions of labor prohibited by the order is unlawful. (Amended by Stats. 1973, Ch. 1007.)
  70. 1198.3.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    The labor standards chief may exempt employers or employees from mandatory day-off requirements in a commission order if hardship would result. The exemption lasts no longer than one year and can be renewed only after investigation and a finding of good-faith compliance efforts. Employers may not punish employees who refuse to work hours beyond those allowed by the commission order.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 1198.3. (a) The Chief of the Division of Labor Standards Enforcement may, when in his or her judgment hardship will result, exempt any employer or employees from any mandatory day or days off requirement contained in any order of the commission. Any exemption granted by the chief pursuant to this section shall be only of sufficient duration to permit the employer or employees to comply with the requirements contained in the order of the commission, but not more than one year. The exemption may be renewed by the chief only after he or she has investigated and is satisfied that a good faith effort is being made to comply with the order of the commission. (b) No employer shall discharge or in any other manner discriminate against any employee who refuses to work hours in excess of those permitted by the order of the commission. (Amended by Stats. 1985, Ch. 620, Sec. 1.)
  71. 1198.4.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    On request, the Chief of the Division of Labor Standards Enforcement must make certain enforcement policy statements or interpretations available to the public and must give copies of those policy statements to the Industrial Welfare Commission.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 1198.4. Upon request, the Chief of the Division of Labor Standards Enforcement shall make available to the public any enforcement policy statements or interpretations of orders of the Industrial Welfare Commission. Copies of such policy statements shall be furnished to the Industrial Welfare Commission. (Added by Stats. 1980, Ch. 1083.)
  72. 1198.5.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    Employers must let current and former employees inspect and get copies of their personnel records, keep those records for at least three years after termination, and may face a $750 penalty for noncompliance.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 1198.5. (a) (1) Every current and former employee, or their representative, has the right to inspect and receive a copy of the personnel records that the employer maintains relating to the employee’s performance, including education or training records, or to any grievance concerning the employee. (2) An employer who maintains education or training records shall ensure those records include all of the following: (A) The name of the employee. (B) The name of the training provider. (C) The duration and date of the training. (D) The core competencies of a training, including skills in equipment or software. (E) The resulting certification or qualification. (b) (1) The employer shall make the contents of those personnel records available for inspection to the current or former employee, or their representative, at reasonable intervals and at reasonable times, but not later than 30 calendar days from the date the employer receives a written request, unless the current or former employee, or their representative, and the employer agree in writing to a date beyond 30 calendar days to inspect the records, and the agreed-upon date does not exceed 35 calendar days from the employer’s receipt of the written request. Upon a written request from a current or former employee, or their representative, the employer shall also provide a copy of the personnel records, at a charge not to exceed the actual cost of reproduction, not later than 30 calendar days from the date the employer receives the request, unless the current or former employee, or their representative, and the employer agree in writing to a date beyond 30 calendar days to produce a copy of the records, as long as the agreed-upon date does not exceed 35 calendar days from the employer’s receipt of the written request. Except as provided in paragraph (2) of subdivision (c), the employer is not required to make those personnel records or a copy thereof available at a time when the employee is actually required to render service to the employer, if the requester is the employee. (2) (A) For purposes of this section, a request to inspect or receive a copy of personnel records shall be made in either of the following ways: (i) Written and submitted by the current or former employee or their representative. (ii) Written and submitted by the current or former employee or their representative by completing an employer-provided form. (B) An employer-provided form shall be made available to the employee or their representative upon verbal request to the employee’s supervisor or, if known to the employee or their representative at the time of the request, to the individual the employer designates under this section to receive a verbal request for the form. (c) The employer shall do all of the following: (1) With regard to all employees, maintain a copy of each employee’s personnel records for a period of not less than three years after termination of employment. (2) With regard to current employees, make a current employee’s personnel records available for inspection, and, if requested by the employee or their representative, provide a copy thereof, at the place where the employee reports to work, or at another location agreeable to the employer and the requester. If the employee is required to inspect or receive a copy at a location other than the place where they report to work, no loss of compensation to the employee is permitted. (3) (A) With regard to former employees, make a former employee’s personnel records available for inspection, and, if requested by the employee or their representative, provide a copy thereof, at the location where the employer stores the records, unless the parties mutually agree in writing to a different location. A former employee may receive a copy by mail if they reimburse the employer for actual postal expenses. (B) (i) Notwithstanding subparagraph (A), if a former employee seeking to inspect their personnel records was terminated for a violation of law, or an employment-related policy, involving harassment or workplace violence, the employer may comply with the request by doing one of the following: (I) Making the personnel records available to the former employee for inspection at a location other than the workplace that is within a reasonable driving distance of the former employee’s residence. (II) Providing a copy of the personnel records by mail. (ii) Nothing in this subparagraph shall limit a former employee’s right to receive a copy of their personnel records. (d) An employer is required to comply with only one request per year by a former employee to inspect or receive a copy of their personnel records. (e) The employer may take reasonable steps to verify the identity of a current or former employee or their authorized representative. For purposes of this section, “representative” means a person authorized in writing by the employee to inspect, or receive a copy of, their personnel records. (f) The employer may designate the person to whom a request is made. (g) Before making records specified in subdivision (a) available for inspection or providing a copy of those records, the employer may redact the name of any nonsupervisory employee contained therein. (h) The requirements of this section do not apply to: (1) Records relating to the investigation of a possible criminal offense. (2) Letters of reference. (3) Ratings, reports, or records that were: (A) Obtained prior to the employee’s employment. (B) Prepared by identifiable examination committee members. (C) Obtained in connection with a promotional examination. (4) Employees who are subject to the Public Safety Officers Procedural Bill of Rights (Chapter 9.7 (commencing with Section 3300) of Division 4 of Title 1 of the Government Code). (5) Employees of agencies subject to the Information Practices Act of 1977 (Title 1.8 (commencing with Section 1798) of Part 4 of Division 3 of the Civil Code). (i) If a public agency has established an independent employee relations board or commission, an employee shall first seek relief regarding any matter or dispute relating to this section from that board or commission before pursuing any available judicial remedy. (j) In enacting this section, it is the intent of the Legislature to establish minimum standards for the inspection and the receipt of a copy of personnel records by employees. Nothing in this section shall be construed to prevent the establishment of additional rules for the inspection and the receipt of a copy of personnel records that are established as the result of agreements between an employer and a recognized employee organization. (k) If an employer fails to permit a current or former employee, or their representative, to inspect or copy personnel records within the times specified in this section, or times agreed to by mutual agreement as provided in this section, the current or former employee or the Labor Commissioner may recover a penalty of seven hundred fifty dollars ($750) from the employer. (l) A current or former employee may also bring an action for injunctive relief to obtain compliance with this section, and may recover costs and reasonable attorney’s fees in such an action. (m) Notwithstanding Section 1199, a violation of this section is an infraction. Impossibility of performance, not caused by or resulting from a violation of law, may be asserted as an affirmative defense by an employer in any action alleging a violation of this section. (n) If an employee or former employee files a lawsuit that relates to a personnel matter against their employer or former employer, the right of the employee, former employee, or their representative to inspect or copy personnel records under this section ceases during the pendency of the lawsuit in the court with original jurisdiction. (o) For purposes of this section, a lawsuit “relates to a personnel matter” if a current or former employee’s personnel records are relevant to the lawsuit. (p) An employer is not required to comply with more than 50 requests under this section to inspect and receive a copy of personnel records filed by a representative or representatives of employees in one calendar month. (q) This section does not apply to an employee covered by a valid collective bargaining agreement if the agreement expressly provides for all of the following: (1) The wages, hours of work, and working conditions of employees. (2) A procedure for the inspection and copying of personnel records. (3) Premium wage rates for all overtime hours worked. (4) A regular rate of pay of not less than 30 percent more than the state minimum wage rate. (Amended by Stats. 2025, Ch. 654, Sec. 1. (SB 513) Effective January 1, 2026.)
  73. 1199.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    Employers and similar persons must not require excessive hours, pay below the commission-set minimum wage, or ignore this chapter or commission orders; violations are misdemeanors.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 1199. Every employer or other person acting either individually or as an officer, agent, or employee of another person is guilty of a misdemeanor and is punishable by a fine of not less than one hundred dollars ($100) or by imprisonment for not less than 30 days, or by both, who does any of the following: (a) Requires or causes any employee to work for longer hours than those fixed, or under conditions of labor prohibited by an order of the commission. (b) Pays or causes to be paid to any employee a wage less than the minimum fixed by an order of the commission. (c) Violates or refuses or neglects to comply with any provision of this chapter or any order or ruling of the commission. (Amended by Stats. 1983, Ch. 1092, Sec. 205. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
  74. 1199.5.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    Employers and related persons must not willfully pay employees less because of sex, race, or ethnicity, and must not reduce wages to comply with Section 1197.5.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 1199.5. Every employer or other person acting either individually or as an officer, agent, or employee of another person is guilty of a misdemeanor and is punishable by a fine of not more than ten thousand dollars ($10,000), or by imprisonment for not more than six months, or by both, who willfully does any of the following: (a) Pays or causes to be paid any employee a wage less than the rate paid to an employee of another sex, race, or ethnicity, as required by Section 1197.5. (b) Reduces the wages of any employee in order to comply with Section 1197.5. No person shall be imprisoned pursuant to this section except for an offense committed after the conviction of the person for a prior offense pursuant to this section. (Amended by Stats. 2016, Ch. 866, Sec. 2. (SB 1063) Effective January 1, 2017.)
  75. 12.

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

    Verify source ↗

    The term “masculine gender” includes the feminine and neuter.

    ## Labor Code - LAB ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 90. ) ## 12. The masculine gender includes the feminine and neuter. (Enacted by Stats. 1937, Ch. 90.)
  76. 12.1.

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

    Verify source ↗

    This section says “man” or “men” should be read as “person” or “persons” where appropriate, and code references should be updated that way when amended.

    ## Labor Code - LAB ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 90. ) ## 12.1. The Legislature hereby declares its intent that the terms “man” or “men” where appropriate shall be deemed “person” or “persons” and any references to the terms “man” or “men” in sections of this code be changed to “person” or “persons” when such code sections are being amended for any purpose. This section is declaratory and not amendatory of existing law. (Added by Stats. 1976, Ch. 1171.)
  77. 12.2.

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

    Verify source ↗

    For this code section, “spouse” includes a registered domestic partner.

    ## Labor Code - LAB ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 90. ) ## 12.2. “Spouse” includes “registered domestic partner,” as required by Section 297.5 of the Family Code. (Added by Stats. 2016, Ch. 50, Sec. 62. (SB 1005) Effective January 1, 2017.)
  78. 120.

    ## 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 administrative director and the chairman of the appeals board may each appoint a secretary and assistant secretaries for services prescribed elsewhere.

    ## 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. ) ## 120. The administrative director and the chairman of the appeals board may each respectively appoint a secretary and assistant secretaries to perform such services as shall be prescribed. (Repealed and added by Stats. 1965, Ch. 1513.)
  79. 1200.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    In prosecutions for violating this chapter, the commission’s minimum wage, maximum hours, and standard labor conditions are presumed reasonable and lawful.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 1200. In every prosecution for violation of any provision of this chapter, the minimum wage, the maximum hours of work, and the standard conditions of labor fixed by the commission shall be presumed to be reasonable and lawful. (Enacted by Stats. 1937, Ch. 90.)
  80. 1201.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    The commission must not act as a board of arbitration during a strike or lockout.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 1201. The commission shall not act as a board of arbitration during a strike or lockout. (Enacted by Stats. 1937, Ch. 90.)
  81. 1202.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    On the commission’s request, the department must gather requested statistics and data and carry out investigations.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 1202. Upon the request of the commission, the department shall cause such statistics and other data and information to be gathered, and investigations made, as the commission may require. The cost thereof shall be paid out of the appropriations made for the expenses of the commission. (Amended by Stats. 2012, Ch. 46, Sec. 92. (SB 1038) Effective June 27, 2012.)
  82. 1203.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    The commission may publish and distribute reports and bulletins about its work under this chapter and other matters it considers advisable.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 1203. The commission may publish and distribute from time to time reports and bulletins covering its operations and proceedings under this chapter and such other matters relative thereto which it deems advisable. (Enacted by Stats. 1937, Ch. 90.)
  83. 1204.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    A commission order under Sections 1182 or 1184 is not effective until Section 1178 is complied with.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 1204. No order made by the commission under the provisions of Sections 1182 or 1184 of this chapter shall be effective unless and until compliance is had with the provisions of Section 1178 of this code. (Amended by Stats. 1953, Ch. 208.)
  84. 1205.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    Local jurisdictions may enforce certain state wage labor standards, and state agencies may not make state funding conditional on a local jurisdiction giving up its own labor standards for supported activities.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 1205. (a) As used in this section and in Section 1206: (1) “Local jurisdiction” means any city, county, district, or agency, or any subdivision or combination thereof. (2) “State agency” means any state office, officer, department, division, bureau, board, commission, or agency, or any subdivision thereof. (3) “Labor standards” means any legal requirements regarding wages paid, hours worked, and other conditions of employment. (b) Local jurisdictions may enforce state labor standards requirements regarding the payment of wages set forth in Division 2 (commencing with Section 200). (c) This part shall not be deemed to restrict the exercise of local police powers in a more stringent manner. (d) When a local jurisdiction expends funds that have been provided to it by a state agency, operates a program that has received assistance from a state agency, or engages in an activity that has received assistance from a state agency, labor standards established by the local jurisdiction through exercise of local police powers or spending powers shall take effect with regard to that expenditure, program, or activity, so long as those labor standards are not in explicit conflict with, or explicitly preempted by, state law. A state agency may not require as a condition to the receipt of state funds or assistance that a local jurisdiction refrain from applying labor standards established by the local jurisdiction to expenditures, programs, or activities supported by the state funds or assistance in question. (Amended by Stats. 2021, Ch. 124, Sec. 33. (AB 938) Effective January 1, 2022.)
  85. 1206.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    This section says the code sets minimum penalties for failing to comply with wage-related statutes and regulations.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 1206. Notwithstanding any other provision of law, this code establishes minimum penalties for failure to comply with wage-related statutes and regulations. (Added by Stats. 2011, Ch. 655, Sec. 11. (AB 469) Effective January 1, 2012.)
  86. 1207.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    An employer may email required posting information to employees with the documents attached if the employer is otherwise required to physically post that information.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1. Wages, Hours and Working Conditions [1171 - 1207] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 1207. In any instance in which an employer is required to physically post information, an employer may also distribute that information to employees by email with the document or documents attached. Email distribution pursuant to this section shall not alter the employer’s obligation to physically display the required posting. (Added by Stats. 2021, Ch. 109, Sec. 1. (SB 657) Effective January 1, 2022.)
  87. 121.

    ## 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 chairman may authorize the secretary and up to two assistant secretaries to serve as deputy appeals board members and delegate authority and duties to them.

    ## 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. ) ## 121. The chairman of the appeals board may authorize its secretary and any two assistant secretaries to act as deputy appeals board members and may delegate authority and duties to these deputies. Not more than three deputies may act as appeals board members at any one time. No act of any deputy shall be valid unless it is concurred in by at least one member of the appeals board. (Amended by Stats. 1981, Ch. 1150, Sec. 1.)
  88. 122.

    ## 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 administrative director must appoint a medical director with the required certificate, and the medical director must hire certified medical assistants and any other needed staff. Salaries are set by the Department of Human Resources at levels commensurate with private industry.

    ## 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. ) ## 122. The administrative director shall appoint a medical director who shall possess a physician’s and surgeon’s certificate granted under Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code. The medical director shall employ medical assistants who shall also possess physicians’ and surgeons’ certificates and other staff necessary to the performance of his or her duties. The salaries for the medical director and his or her assistants shall be fixed by the Department of Human Resources, commensurate with the salaries paid by private industry to medical directors and assistant medical directors. (Amended by Stats. 2012, Ch. 665, Sec. 176. (SB 1308) Effective January 1, 2013.)
  89. 123.

    ## 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 administrative director may hire listed support staff and other employees to run new, efficient court management systems, and the Department of Human Resources fixes the salaries of workers’ compensation administrative law judges.

    ## 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. ) ## 123. The administrative director may employ necessary assistants, officers, experts, statisticians, actuaries, accountants, workers’ compensation administrative law judges, stenographic shorthand reporters, legal secretaries, disability evaluation raters, program technicians, and other employees to implement new, efficient court management systems. The salaries of the workers’ compensation administrative law judges shall be fixed by the Department of Human Resources for a class of positions which perform judicial functions. (Amended by Stats. 2012, Ch. 665, Sec. 177. (SB 1308) Effective January 1, 2013.)
  90. 123.3.

    ## 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 ↗

    An official reporter employed by the administrative director must provide stenographic or clerical assistance when directed by the presiding workers’ compensation administrative law judge, if the reporter is not busy with another legal duty.

    ## 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. ) ## 123.3. Any official reporter employed by the administrative director shall render stenographic or clerical assistance as directed by the presiding workers’ compensation administrative law judge of the office to which the reporter is assigned, when the presiding workers’ compensation administrative law judge determines that the reporter is not engaged in the performance of any other duty imposed by law. (Amended by Stats. 2002, Ch. 6, Sec. 26. Effective January 1, 2003.)
  91. 123.5.

    ## 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 ↗

    Workers’ compensation judges and administrative law judges must meet licensing and experience requirements, and a judge may not be paid while a case has been pending and undecided for 90 days after submission.

    ## 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. ) ## 123.5. (a) Workers’ compensation administrative law judges employed by the administrative director shall be taken from an eligible list of attorneys licensed to practice law in this state, who have the qualifications prescribed by the State Personnel Board. In establishing eligible lists for this purpose, state civil service examinations shall be conducted in accordance with the State Civil Service Act (Part 2 (commencing with Section 18500) of Division 5 of Title 2 of the Government Code). Every workers’ compensation judge shall maintain membership in the State Bar of California during his or her tenure. A workers’ compensation administrative law judge may not receive his or her salary as a workers’ compensation administrative law judge while any cause before the workers’ compensation administrative law judge remains pending and undetermined for 90 days after it has been submitted for decision. (b) All workers’ compensation administrative law judges appointed on or after January 1, 2003, shall be attorneys licensed to practice law in California for five or more years prior to their appointment and shall have experience in workers’ compensation law. (Amended by Stats. 2011, Ch. 559, Sec. 3. (AB 1426) Effective October 7, 2011.)
  92. 123.6.

    ## 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 ↗

    Workers’ compensation administrative law judges must follow the Code of Judicial Ethics and may not accept certain honoraria or travel without prior written approval.

    ## 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. ) ## 123.6. (a) All workers’ compensation administrative law judges employed by the administrative director shall subscribe to the Code of Judicial Ethics adopted by the Supreme Court pursuant to subdivision (m) of Section 18 of Article VI of the California Constitution for the conduct of judges and shall not otherwise, directly or indirectly, engage in conduct contrary to that code or to the commentary to the Code of Judicial Ethics. In consultation with the Commission on Judicial Performance, the administrative director shall adopt regulations to enforce this section. To the extent possible, the rules shall be consistent with the procedures established by the Commission on Judicial Performance for regulating the activities of state judges, and, to the extent possible, with the gift, honoraria, and travel restrictions on legislators contained in the Political Reform Act of 1974 (Title 9 (commencing with Section 81000) of the Government Code). (b) Honoraria or travel allowed by the administrative director, and not otherwise prohibited by this section in connection with any public or private conference, convention, meeting, social event, or like gathering, the cost of which is significantly paid for by attorneys who practice before the board, may not be accepted unless the administrative director has provided prior approval in writing to the workers’ compensation administrative law judge allowing him or her to accept those payments. (Amended by Stats. 2011, Ch. 559, Sec. 4. (AB 1426) Effective October 7, 2011.)
  93. 123.7.

    ## 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 may set procedures to appoint qualified attorneys as pro tempore workers’ compensation judges in particular cases, if the parties stipulate. The service is voluntary and unpaid.

    ## 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. ) ## 123.7. The appeals board may, by rule or regulation, establish procedures whereby attorneys who are either certified specialists in workers’ compensation by the California State Bar, or are eligible for this certification, may be appointed by the presiding workers’ compensation judge of each board office to serve as a pro tempore workers’ compensation judge in a particular case, upon the stipulation of the employee or his or her representative, and the employer or the insurance carrier. Service in this capacity by an attorney shall be voluntary and without pay. It is the intent of the Legislature that the use of pro tempore workers’ compensation judges pursuant to this section shall not result in a reduction of the number of permanent civil service employees or the number of authorized full-time equivalent positions. (Amended by Stats. 1985, Ch. 326, Sec. 6.)
  94. 124.

    ## 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 division must protect injured workers’ interests and provide required forms and notices in English and Spanish, with certain materials also available in Chinese, Korean, Tagalog, and Vietnamese by the stated deadline.

    ## 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. ) ## 124. (a) In administering and enforcing this division and Division 4 (commencing with Section 3200), the division shall protect the interests of injured workers who are entitled to the timely provision of compensation. (b) Forms and notices required to be given to employees by the division shall be in English and Spanish. (c) In addition to the requirement in subdivision (b), no later than January 1, 2018, the department and the division shall make at least the following forms, notices, and materials available in Chinese, Korean, Tagalog, and Vietnamese: (1) The workers’ compensation claim form required pursuant to Section 5401. (2) The application for the Return-to-Work Supplement Program authorized pursuant to Section 139.48. (3) Supplemental Job Displacement Non-Transferable Voucher. (4) Division of Workers’ Compensation fact sheets distributed to injured workers, including, but not limited to, those addressing the following topics: (A) Temporary disability. (B) Permanent disability. (C) Qualified medical evaluators. (D) Uninsured Employers Benefits Trust Fund. (E) Utilization review. (F) Basic facts on workers’ compensation. (G) Glossary of terms in workers’ compensation. (d) (1) Commencing January 1, 2018, the Administrative Director shall annually review the forms, notices, and materials that are published and distributed by the division to injured workers and recommend to the division any other documents that should be translated into languages other than English pursuant to subdivisions (b) and (c). (2) Commencing January 1, 2018, and annually thereafter, the department and the division shall submit the recommendations and any translated documents to the Legislature. (Amended by Stats. 2015, Ch. 515, Sec. 1. (AB 438) Effective January 1, 2016.)
  95. 125.

    ## 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 administrative director must print and provide blank forms free of charge to any person.

    ## 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. ) ## 125. The administrative director shall cause to be printed and furnished free of charge to any person blank forms that may facilitate or promote the efficient performance of the duties of the Division of Workers’ Compensation. (Amended by Stats. 1994, Ch. 146, Sec. 139. Effective January 1, 1995.)
  96. 1250.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1.5. Social Compliance Audits [1250 - 1251] ( Chapter 1.5 added by Stats. 2024, Ch. 438, Sec. 1. )

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    This section defines key terms for the chapter, including “child,” “child labor,” “clear and conspicuous,” and “social compliance audit.”

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1.5. Social Compliance Audits [1250 - 1251] ( Chapter 1.5 added by Stats. 2024, Ch. 438, Sec. 1. ) ## 1250. For purposes of this chapter, the following definitions apply: (a) “Child” means a natural person under 18 years of age. (b) “Child labor” means any work performed by a child in violation of state or federal law. (c) “Clear and conspicuous” means in larger type than the surrounding text, or in contrasting type, font, or color to the surrounding text of the same size, or set off from the surrounding text of the same size by symbols or other marks that call attention to the language. (d) “Social compliance audit” means a voluntary, nongovernmental inspection or assessment of an employer’s operations or practices to evaluate whether the operations or practices are in compliance with state and federal labor laws, including, but not limited to, wage and hour and health and safety regulations, including those regarding child labor. (Added by Stats. 2024, Ch. 438, Sec. 1. (AB 3234) Effective January 1, 2025.)
  97. 1251.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1.5. Social Compliance Audits [1250 - 1251] ( Chapter 1.5 added by Stats. 2024, Ch. 438, Sec. 1. )

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    An employer that voluntarily undergoes a social compliance audit about possible child labor must post a clear, conspicuous website link to a report on child labor law compliance.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 1.5. Social Compliance Audits [1250 - 1251] ( Chapter 1.5 added by Stats. 2024, Ch. 438, Sec. 1. ) ## 1251. (a) An employer who has voluntarily subjected itself to a social compliance audit, whether the audit is conducted in part, or in whole, to determine if child labor is involved in the employer’s operations or practices, shall post a clear and conspicuous link on its internet website to a report detailing the findings of the employer’s compliance with child labor laws. (b) A report described in subdivision (a) shall contain all of the following: (1) The year, month, day, and time the audit was conducted, and whether the audit was conducted during a day shift or night shift. (2) Whether the employer did or did not engage in, or support the use of, child labor. (3) A copy of any written policies and procedures the employer has and had regarding child employees. (4) Whether the employer exposed children to any workplace situations that were hazardous or unsafe to their physical and mental health and development. (5) Whether children worked within or outside regular school hours, or during night hours, for the employer. (6) A statement that the auditing company is not a government agency and is not authorized to verify compliance with state and federal labor laws or other health and safety regulations. (Added by Stats. 2024, Ch. 438, Sec. 1. (AB 3234) Effective January 1, 2025.)
  98. 126.

    ## 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 Division of Workers’ Compensation, including the administrative director and the appeals board, must keep minutes and other necessary records, and keep all records in their respective offices.

    ## 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. ) ## 126. The Division of Workers’ Compensation, including the administrative director and the appeals board, shall keep minutes of all their proceedings and other books or records requisite for proper and efficient administration. All records shall be kept in their respective offices. (Amended by Stats. 1994, Ch. 146, Sec. 140. Effective January 1, 1995.)
  99. 127.

    ## 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 administrative director may charge and collect certain fees, publish reports and pamphlets, prepare and distribute an office manual, and set reasonable charges for publications. The director must set fees at a level that recovers actual service costs, and may not charge injured employees or their representatives for inspecting case files.

    ## 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. ) ## 127. The administrative director may do all of the following: (a) Charge and collect fees for copies of papers and records, for certified copies of official documents and orders or of the evidence taken or proceedings had, for transcripts of testimony, and for inspection of case files not stored in the place where the inspection is requested. The administrative director shall fix those fees in an amount sufficient to recover the actual costs of furnishing the services. No fees for inspection of case files shall be charged to an injured employee or his or her representative. (b) Publish and distribute from time to time, in addition to the reports to the Governor, further reports and pamphlets covering the operations, proceedings, and matters relative to the work of the division. (c) Prepare, publish, and distribute an office manual, for which a reasonable fee may be charged, and to which additions, deletions, amendments, and other changes from time to time may be adopted, published, and distributed, for which a reasonable fee may be charged for the revision, or for which a reasonable fee may be fixed on an annual subscription basis. (d) Fix and collect reasonable charges for publications issued. (Amended by Stats. 2011, Ch. 559, Sec. 5. (AB 1426) Effective October 7, 2011.)
  100. 127.1.

    ## 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 administrative director must submit a report to the Legislature comparing payment alternatives for providers to the official medical fee schedule, and the report must discuss pros and cons and recommend pilot programs.

    ## 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. ) ## 127.1. (a) The administrative director, with input from the Commission on Health and Safety and Workers’ Compensation, shall issue a report to the Legislature, on or before January 1, 2023, comparing potential payment alternatives for providers to the official medical fee schedule, including, but not limited to, capitation, bundled payments, quality incentives, and value-based payment systems. (b) The report shall address advantages and disadvantages of each alternative payment system to the official medical fee schedule and make recommendations to the Legislature on alternative payment pilot programs. (c) The report shall be submitted in compliance with Section 9795 of the Government Code. The requirement for submitting a report imposed by this section shall be inoperative on January 1, 2024, pursuant to Section 10231.5 of the Government Code. (Added by Stats. 2019, Ch. 647, Sec. 1. (SB 537) Effective January 1, 2020.)
  101. 128.

    ## 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 appeals board may accept certain federal appointments or delegated enforcement authority, and it may make arrangements with the United States if the Department of Finance approves.

    ## 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. ) ## 128. The appeals board may accept appointment as deputy commissioner under, or any delegation of authority to enforce, the United States Longshoremen’s and Harbor Worker’s Compensation Act. The appeals board may enter into arrangements with the United States, subject to the approval of the Department of Finance, for the payment of any expenses incurred in the performance of services under said act. In the performance of any duties under said act, appointment, or authority, the appeals board may, subject to the provisions thereof, exercise any authority conferred upon the appeals board by the laws of this state. (Amended by Stats. 1965, Ch. 1513.)
  102. 1285.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 2. Occupational Privileges and Restrictions [1285 - 1312] ( Chapter 2 enacted by Stats. 1937, Ch. 90. )

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    The Legislature says Sections 1286 to 1289 will create a citation system for prompt civil sanctions against people who violate state laws and regulations on the employment of minors.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 2. Occupational Privileges and Restrictions [1285 - 1312] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## 1285. It is the intent of the Legislature in enacting Sections 1286 to 1289, inclusive, 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 minors. The civil penalties provided for in this chapter are in addition to any other penalty provided by law. (Amended by Stats. 2017, Ch. 561, Sec. 145. (AB 1516) Effective January 1, 2018.)
  103. 1286.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 2. Occupational Privileges and Restrictions [1285 - 1312] ( Chapter 2 enacted by Stats. 1937, Ch. 90. )

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    This section defines key terms used in the chapter, including Director, Department, minor, Labor Commissioner, door-to-door sales, and entertainment industry.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 2. Occupational Privileges and Restrictions [1285 - 1312] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## 1286. As used in this chapter: (a) “Director” means the Director of Industrial Relations or the director’s designee. (b) “Department” means the Department of Industrial Relations. (c) “Minor” means any person under the age of 18 years who is required to attend school under Chapter 2 (commencing with Section 48200) and Chapter 3 (commencing with Section 48400) of Part 27 of Division 4 of Title 2 of the Education Code and any person under the age of six years. A person under the age of 18 years who is not required to attend school under Chapter 2 (commencing with Section 48200) and Chapter 3 (commencing with Section 48400) of Part 27 of Division 4 of Title 2 of the Education Code solely because that person is a nonresident of California shall still be considered a minor. (d) “Labor Commissioner” means the Chief of the Division of Labor Standards Enforcement, or the chief’s deputies or agents, who shall have the authority to conduct informal hearings and determine the amount of civil penalties in accordance with this chapter. (e) “Door-to-door sales” has the same meaning as “home solicitation contract or offer,” as defined in subdivision (a) of Section 1689.5 of the Civil Code, except that “door-to-door sales” is not subject to the minimum monetary limitation set forth in that subdivision. (f) “Entertainment industry” means motion pictures of any type, including, but not limited to, film or videotape, using any format, including, but not limited to, theatrical film, commercial, documentary, or television program, by any medium, including, but not limited to, theater, television, or videocassette; photography; recording; modeling; theatrical productions; publicity; rodeos; circuses; musical performances; advertising; and any other performances where a minor performs to entertain the public. (Amended by Stats. 2019, Ch. 283, Sec. 1. (AB 267) Effective January 1, 2020.)
  104. 1287.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 2. Occupational Privileges and Restrictions [1285 - 1312] ( Chapter 2 enacted by Stats. 1937, Ch. 90. )

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    If the director finds a violation related to minors’ employment after an inspection or investigation, the director may issue a citation.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 2. Occupational Privileges and Restrictions [1285 - 1312] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## 1287. If upon inspection or investigation the director determines that a person is in violation of any statutory provision or rule or regulation relating to the employment of minors, he or she may issue a citation to the person in violation. The citation may be served personally, in the same manner as provided for service of a summons as described in Chapter 4 (commencing with Section 413.10) of Title 5 of Part 2 of the Code of Civil Procedure, by certified mail with return receipt requested, 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 provisions, rule, or regulation alleged to have been violated. (Amended by Stats. 2017, Ch. 28, Sec. 13. (SB 96) Effective June 27, 2017.)
  105. 1288.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 2. Occupational Privileges and Restrictions [1285 - 1312] ( Chapter 2 enacted by Stats. 1937, Ch. 90. )

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    This section classifies citations under the chapter as Class A or Class B violations and sets civil penalties for each class.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 2. Occupational Privileges and Restrictions [1285 - 1312] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## 1288. Citations issued pursuant to this chapter shall be classified according to the nature of the violation and shall indicate the classification on the face thereof, as follows: (a) Class “A” violations are violations of Section 1290, 1292, 1293, 1293.1, 1294, 1294.1, 1294.5, 1308, 1308.1, or 1392, and any other violations that the director determines present an imminent danger to minor employees or a substantial probability that death or serious physical harm would result therefrom. The violation of Section 1391 for the third or subsequent time shall also constitute a class “A” violation. A physical condition or one or more practices, means, methods, or operations in use in a place of employment may constitute a violation. A class “A” violation is subject to a civil penalty in an amount not less than five thousand dollars ($5,000) and not exceeding ten thousand dollars ($10,000) for each and every violation. Willful or repeated violations shall receive higher civil penalties than those imposed for comparable nonwillful or first violations, not to exceed ten thousand dollars ($10,000). (b) Class “B” violations are violations of Section 1299 or 1308.5, or a violation of Section 1391 for the first and second time, and those other violations that the director determines have a direct or immediate relationship to the health, safety, or security of minor employees, other than class “A” violations. A class “B” violation is subject to a civil penalty in an amount not less than five hundred dollars ($500) and not to exceed one thousand dollars ($1,000) for each and every violation. Willful or repeated violations shall receive higher civil penalties than those imposed for comparable nonwillful or first violations. A second violation of Section 1391 is subject to a civil penalty of one thousand dollars ($1,000). (c) This section does not preclude the imposition of criminal penalties provided for in this chapter. (Amended by Stats. 2017, Ch. 561, Sec. 147. (AB 1516) Effective January 1, 2018.)
  106. 1289.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 2. Occupational Privileges and Restrictions [1285 - 1312] ( Chapter 2 enacted by Stats. 1937, Ch. 90. )

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    This section sets procedures for contesting a citation or civil penalty, including deadlines for requesting a hearing, paying instead of contesting, and how judgments are entered.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 2. Occupational Privileges and Restrictions [1285 - 1312] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## 1289. (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 that appears on the citation of his or her request for an informal hearing. The Labor Commissioner or the commissioner’s 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 that 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. 2006, Ch. 538, Sec. 483. Effective January 1, 2007.)
  107. 129.

    ## 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 administrative director must audit certain workers’ compensation entities, report results, and order payment when audits show compensation is owed. The section also sets timing rules, confidentiality limits, and follow-up obligations.

    ## 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. ) ## 129. (a) To make certain that injured workers, and their dependents in the event of their death, receive promptly and accurately the full measure of compensation to which they are entitled, the administrative director shall audit insurers, self-insured employers, and third-party administrators to determine if they have met their obligations under this code. Each audit subject shall be audited at least once every five years. The audit subjects shall be selected and the audits conducted pursuant to subdivision (b). The results of audits of insurers shall be provided to the Insurance Commissioner, and the results of audits of self-insurers and third-party administrators shall be provided to the Director of Industrial Relations. Nothing in this section shall restrict the authority of the Director of Industrial Relations or the Insurance Commissioner to audit their licensees. (b) The administrative director shall schedule and conduct audits as follows: (1) A profile audit review of every audit subject shall be conducted once every five years and on additional occasions indicated by target audit criteria. The administrative director shall annually establish a profile audit review performance standard that will identify the poorest performing audit subjects. (2) A full compliance audit shall be conducted of each profile audited subject failing to meet or exceed the profile audit review performance standard. The full compliance audit shall be a comprehensive and detailed evaluation of the audit subject’s performance. The administrative director shall annually establish a full compliance audit performance standard that will identify the audit subjects that are performing satisfactorily. Any full compliance audit subject that fails to meet or exceed the full compliance audit performance standard shall be audited again within two years. (3) A targeted profile audit review or a full compliance audit may be conducted at any time in accordance with target audit criteria adopted by the administrative director. The target audit criteria shall be based on information obtained from benefit notices, from information and assistance officers, and from other reliable sources providing factual information that indicates an insurer, self-insured employer, or third-party administrator is failing to meet its obligations under this division or Division 4 (commencing with Section 3200) or the regulations of the administrative director. (c) If, as a result of a profile audit review or a full compliance audit, the administrative director determines that any compensation, interest, or penalty is due and unpaid to an employee or dependent, the administrative director shall issue and cause to be served upon the insurer, self-insured employer, or third-party administrator a notice of assessment detailing the amounts due and unpaid in each case, and shall order the amounts paid to the person entitled thereto. The notice of assessment shall be served personally or by registered mail in accordance with subdivision (c) of Section 11505 of the Government Code. A copy of the notice of assessment shall also be sent to the affected employee or dependent. If the amounts are not paid within 30 days after service of the notice of assessment, the employer shall also be liable for reasonable attorney’s fees necessarily incurred by the employee or dependent to obtain amounts due. The administrative director shall advise each employee or dependent still owed compensation after this 30-day period of his or her rights with respect to the commencement of proceedings to collect the compensation owed. Amounts unpaid because the person entitled thereto cannot be located shall be paid to the Workers’ Compensation Administration Revolving Fund. The Director of Industrial Relations shall promulgate rules and regulations establishing standards and procedures for the payment of compensation from moneys deposited in the Workers’ Compensation Administration Revolving Fund whenever the person entitled thereto applies for compensation. (d) A determination by the administrative director that an amount is or is not due to an employee or dependent shall not in any manner limit the jurisdiction or authority of the appeals board to determine the issue. (e) Annually, commencing on April 1, 1991, the administrative director shall publish a report detailing the results of audits conducted pursuant to this section during the preceding calendar year. The report shall include the name of each insurer, self-insured employer, and third-party administrator audited during that period. For each insurer, self-insured employer, and third-party administrator audited, the report shall specify the total number of files audited, the number of violations found by type and amount of compensation, interest and penalties payable, and the amount collected for each violation. The administrative director shall also publish and make available to the public on request a list ranking all insurers, self-insured employers, and third-party administrators audited during the period according to their performance measured by the profile audit review and full compliance audit performance standards. These reports shall not identify the particular claim file that resulted in a particular violation or penalty. Except as required by this subdivision or other provisions of law, the contents of individual claim files and auditor’s working papers shall be confidential. Disclosure of claim information to the administrative director pursuant to an audit shall not waive the provisions of the Evidence Code relating to privilege. (f) A profile audit review of the adjustment of claims against the Uninsured Employers Fund by the claims and collections unit of the Division of Workers’ Compensation shall be conducted at least every five years. The results of this profile audit review shall be included in the report required by subdivision (e). (Amended by Stats. 2002, Ch. 6, Sec. 33. Effective January 1, 2003.)
  108. 129.5.

    ## 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. )

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    The administrative director may assess penalties against insurers, self-insured employers, and third-party administrators for specified compliance failures, and must adopt regulations setting penalty schedules.

    ## 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. ) ## 129.5. (a) The administrative director may assess an administrative penalty against an insurer, self-insured employer, or third-party administrator for any of the following: (1) Failure to comply with the notice of assessment issued pursuant to subdivision (c) of Section 129 within 15 days of receipt. (2) Failure to pay when due the undisputed portion of an indemnity payment, the reasonable cost of medical treatment of an injured worker, or a charge or cost implementing an approved vocational rehabilitation plan. (3) Failure to comply with any rule or regulation of the administrative director. (b) The administrative director shall promulgate regulations establishing a schedule of violations and the amount of the administrative penalty to be imposed for each type of violation. The schedule shall provide for imposition of a penalty of up to one hundred dollars ($100) for each violation of the less serious type and for imposition of penalties in progressively higher amounts for the most serious types of violations to be set at up to five thousand dollars ($5,000) per violation. The administrative director is authorized to impose penalties pursuant to rules and regulations which give due consideration to the appropriateness of the penalty with respect to the following factors: (1) The gravity of the violation. (2) The good faith of the insurer, self-insured employer, or third-party administrator. (3) The history of previous violations, if any. (4) The frequency of the violations. (5) Whether the audit subject has met or exceeded the profile audit review performance standard. (6) Whether a full compliance audit subject has met or exceeded the full compliance audit performance standard. (7) The size of the audit subject location. (c) The administrative director shall assess penalties as follows: (1) If, after a profile audit review, the administrative director determines that the profile audit subject met or exceeded the profile audit review performance standard, no penalties shall be assessed under this section, but the audit subject shall be required to pay any compensation due and penalties due under subdivision (d) of Section 4650 as provided in subdivision (c) of Section 129. (2) If, after a full compliance audit, the administrative director determines that the audit subject met or exceeded the full compliance audit performance standards, penalties for unpaid or late paid compensation, but no other penalties under this section, shall be assessed. The audit subject shall be required to pay any compensation due and penalties due under subdivision (d) of Section 4650 as provided in subdivision (c) of Section 129. (3) If, after a full compliance audit, the administrative director determines that the audit subject failed to meet the full compliance audit performance standards, penalties shall be assessed as provided in a full compliance audit failure penalty schedule to be adopted by the administrative director. The full compliance audit failure penalty schedule shall adjust penalty levels relative to the size of the audit location to mitigate inequality between total penalties assessed against small and large audit subjects. The penalty amounts provided in the full compliance audit failure penalty schedule for the most serious type of violations shall not be limited by subdivision (b), but in no event shall the penalty for a single violation exceed forty thousand dollars ($40,000). (d) The notice of penalty assessment shall be served personally or by registered mail in accordance with subdivision (c) of Section 11505 of the Government Code. The notice shall be in writing and shall describe the nature of the violation, including reference to the statutory provision or rule or regulation alleged to have been violated. The notice shall become final and the assessment shall be paid unless contested within 15 days of receipt by the insurer, self-insured employer, or third-party administrator. (e) In addition to the penalty assessments permitted by subdivisions (a), (b), and (c), the administrative director may assess a civil penalty, not to exceed one hundred thousand dollars ($100,000), upon finding, after hearing, that an employer, insurer, or third-party administrator for an employer has knowingly committed or performed with sufficient frequency so as to indicate a general business practice any of the following: (1) Induced employees to accept less than compensation due, or made it necessary for employees to resort to proceedings against the employer to secure compensation. (2) Refused to comply with known and legally indisputable compensation obligations. (3) Discharged or administered compensation obligations in a dishonest manner. (4) Discharged or administered compensation obligations in a manner as to cause injury to the public or those dealing with the employer or insurer. Any employer, insurer, or third-party administrator that fails to meet the full compliance audit performance standards in two consecutive full compliance audits shall be rebuttably presumed to have engaged in a general business practice of discharging and administering its compensation obligations in a manner causing injury to those dealing with it. Upon a second or subsequent finding, the administrative director shall refer the matter to the Insurance Commissioner or the Director of Industrial Relations and request that a hearing be conducted to determine whether the certificate of authority, certificate of consent to self-insure, or certificate of consent to administer claims of self-insured employers, as the case may be, shall be revoked. (f) An insurer, self-insured employer, or third-party administrator may file a written request for a conference with the administrative director within seven days after receipt of a notice of penalty assessment issued pursuant to subdivision (a) or (c). Within 15 days of the conference, the administrative director shall issue a notice of findings and serve it upon the contesting party by registered or certified mail. Any amount found due by the administrative director shall become due and payable 30 days after receipt of the notice of findings. The 30-day period shall be tolled during any appeal. A writ of mandate may be taken from the findings to the appropriate superior court upon the execution by the contesting party of a bond to the state in the principal sum that is double the amount found due and ordered by the administrative director, on the condition that the contesting party shall pay any judgment and costs rendered against it for the amount. (g) An insurer, self-insured employer, or third-party administrator may file a written request for a hearing before the Workers’ Compensation Appeals Board within seven days after receipt of a notice of penalty assessment issued pursuant to subdivision (e). Within 30 days of the hearing, the appeals board shall issue findings and orders and serve them upon the contesting party in the manner provided in its rules. Any amount found due by the appeals board shall become due and payable 45 days after receipt of the notice of findings. Judicial review of the findings and order shall be had in the manner provided by Article 2 (commencing with Section 5950) of Chapter 7 of Part 4 of Division 4. The 45-day period shall be tolled during appellate proceedings upon execution by the contesting party of a bond to the state in a principal sum that is double the amount found due and ordered by the appeals board on the condition that the contesting party shall pay the amount ultimately determined to be due and any costs awarded by an appellate court. (h) Nothing in this section shall create nor eliminate a civil cause of action for the employee and his or her dependents. (i) All moneys collected under this section shall be deposited in the State Treasury and credited to the Workers’ Compensation Administration Revolving Fund. (Amended by Stats. 2002, Ch. 6, Sec. 34. Effective January 1, 2003.)
  109. 1290.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 2. Occupational Privileges and Restrictions [1285 - 1312] ( Chapter 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    A minor under 16 must not be employed or allowed to work in a manufacturing establishment or other place of labor or employment, unless an exception in this chapter or the Education Code applies.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 2. Occupational Privileges and Restrictions [1285 - 1312] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## 1290. A minor under the age of 16 years shall not be employed, permitted, or suffered to work in or in connection with any manufacturing establishment or other place of labor or employment at any time except as may be provided in this chapter or by the provisions of Part 27 (commencing with Section 48000) of the Education Code. (Amended by Stats. 2017, Ch. 561, Sec. 148. (AB 1516) Effective January 1, 2018.)
  110. 1291.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 2. Occupational Privileges and Restrictions [1285 - 1312] ( Chapter 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    This section defines when work counts as being done for a manufacturing establishment.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 2. Occupational Privileges and Restrictions [1285 - 1312] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## 1291. Work is done for a manufacturing establishment within the meaning of this chapter whenever it is done at any place upon the work of a manufacturing establishment, or upon any of the materials entering into the products of a manufacturing establishment, whether under contract or arrangement with any person in charge of or connected with a manufacturing establishment directly or indirectly through contractors or third persons. (Amended by Stats. 2017, Ch. 561, Sec. 149. (AB 1516) Effective January 1, 2018.)
  111. 1292.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 2. Occupational Privileges and Restrictions [1285 - 1312] ( Chapter 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    A minor under 16 must not be employed or allowed to work in certain machinery-related tasks.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 2. Occupational Privileges and Restrictions [1285 - 1312] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## 1292. No minor under the age of sixteen years shall be employed or permitted to work in any capacity in: (a) Adjusting any belt to any machinery. (b) Sewing or lacing machine belts in any workshop or factory. (c) Oiling, wiping, or cleaning machinery, or assisting therein. (Enacted by Stats. 1937, Ch. 90.)
  112. 1293.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 2. Occupational Privileges and Restrictions [1285 - 1312] ( Chapter 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    Minors under 16 must not be employed or allowed to work operating or helping to operate certain machines.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 2. Occupational Privileges and Restrictions [1285 - 1312] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## 1293. No minor under the age of sixteen years shall be employed, or permitted, to work in any capacity in operating or assisting in operating any of the following machines: (a) Circular or band saws; wood shapers; wood-jointers; planers; sandpaper or wood-polishing machinery; wood turning or boring machinery. (b) Picker machines or machines used in picking wool, cotton, hair, or other material; carding machines; leather-burnishing machines; laundry machinery. (c) Printing-presses of all kinds; boring or drill presses; stamping machines used in sheet-metal and tinware, in paper and leather manufacturing, or in washer and nut factories; metal or paper-cutting machines; paper-lace machines. (d) Corner-staying machines in paper-box factories; corrugating rolls, such as are used in corrugated paper, roofing or washboard factories. (e) Dough brakes or cracker machinery of any description. (f) Wire or iron straightening or drawing machinery; rolling-mill machinery; power punches or shears; washing, grinding or mixing machinery; calendar rolls in paper and rubber manufacturing; steam-boilers; in proximity to any hazardous or unguarded belts, machinery or gearing. (Enacted by Stats. 1937, Ch. 90.)
  113. 1293.1.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 2. Occupational Privileges and Restrictions [1285 - 1312] ( Chapter 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    This section generally prohibits employing or allowing a minor under 12 to work or accompany an employed parent or guardian in specified hazardous agricultural settings, with stated exceptions.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 2. Occupational Privileges and Restrictions [1285 - 1312] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## 1293.1. (a) Except as provided in subdivision (c) of Section 1394, no minor under the age of 12 years may be employed or permitted to work, or accompany or be permitted to accompany an employed parent or guardian, in an agricultural zone of danger. As used in this section, “agricultural zone of danger” means any or all of the following: (1) On or about moving equipment. (2) In or about unprotected chemicals. (3) In or about any unprotected water hazard. The Department of Industrial Relations may, after hearing, determine other hazards that constitute an agricultural zone of danger. (b) Except for employment described in subdivision (a) of Section 1394, no minor under the age of 12 years may be employed or permitted to work, or accompany an employed parent or guardian, in any of the occupations declared hazardous for employment of minors below 16 years of age in Section 570.71 of Title 29 of the Code of Federal Regulations, as that regulation may be amended from time to time. (Amended by Stats. 1994, Ch. 1175, Sec. 7. Effective January 1, 1995.)
  114. 1294.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 2. Occupational Privileges and Restrictions [1285 - 1312] ( Chapter 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    Minors under 16 may not be employed or allowed to work in the listed occupations.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 2. Occupational Privileges and Restrictions [1285 - 1312] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## 1294. No minor under the age of 16 years shall be employed or permitted to work in any capacity: (a) Upon any railroad, whether steam, electric, or hydraulic. (b) Upon any vessel or boat engaged in navigation or commerce within the jurisdiction of this state. (c) In, about, or in connection with any processes in which dangerous or poisonous acids are used, in the manufacture or packing of paints, colors, white or red lead, or in soldering. (d) In occupations causing dust in injurious quantities, in the manufacture or use of dangerous or poisonous dyes, in the manufacture or preparation of compositions with dangerous or poisonous gases, or in the manufacture or use of compositions of lye in which the quantity thereof is injurious to health. (e) On scaffolding, in heavy work in the building trades, in any tunnel or excavation, or in, about or in connection with any mine, coal breaker, coke oven or quarry. (f) In assorting, manufacturing or packing tobacco. (g) Operating any automobile, motorcar, or truck. (h) In any occupation dangerous to the life or limb, or injurious to the health or morals of the minor. (Amended by Stats. 1994, Ch. 1175, Sec. 8. Effective January 1, 1995.)
  115. 1294.1.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 2. Occupational Privileges and Restrictions [1285 - 1312] ( Chapter 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    This section bars most work by minors in certain hazardous occupations, with a narrow newspaper-processing exception.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 2. Occupational Privileges and Restrictions [1285 - 1312] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## 1294.1. (a) No minor under the age of 16 years shall be employed or permitted to work in either of the following: (1) Any occupation declared particularly hazardous for the employment of minors below the age of 16 years in Section 570.71 of Subpart E-1 of Part 570 of Title 29 of the Code of Federal Regulations, as that regulation may be revised from time to time. (2) Any occupation excluded from the application of Subpart C of Part 570 of Title 29 of the Code of Federal Regulations, as set forth in Section 570.33 and paragraph (b) of Section 570.34 thereof, as those regulations may be revised from time to time. (b) No minor shall be employed or permitted to work in any occupation declared particularly hazardous for the employment of minors between 16 and 18 years of age, or declared detrimental to their health or well-being, in Subpart E of Part 570 of Title 29 of the Code of Federal Regulations, as those regulations may be revised from time to time. (c) Nothing in this section shall prohibit a minor engaged in the processing and delivery of newspapers from entering areas of a newspaper plant, other than areas where printing presses are located, for purposes related to the processing or delivery of newspapers. (Amended by Stats. 1995, Ch. 887, Sec. 4. Effective January 1, 1996.)
  116. 1294.3.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 2. Occupational Privileges and Restrictions [1285 - 1312] ( Chapter 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    Minors aged 14 and 15 may be employed in occupations not otherwise prohibited by this chapter.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 2. Occupational Privileges and Restrictions [1285 - 1312] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## 1294.3. Minors 14 and 15 years of age may be employed in occupations not otherwise prohibited by this chapter, including, but not limited to, the following: (a) Office and clerical work, including the operation of office machines. (b) Cashiering, selling, modeling, art work, work in advertising departments, window trimming, and comparative shopping. (c) Price marking and tagging by hand or by machine, assembling orders, packing and shelving. (d) Bagging and carrying out customers’ orders. (e) Errand and delivery work by foot, bicycle, and public transportation. (f) Cleanup work, including the use of vacuum cleaners and floor waxers, and maintenance of grounds, but not including the use of power-driven mowers or cutters. (g) Kitchen work and other work involved in preparing and serving food and beverages, including the operation of machines and devices used in the performance of this work, including, but not limited to, dishwashers, toasters, dumbwaiters, popcorn poppers, milkshake blenders, and coffee grinders. (h) Cleaning vegetables and fruits, and wrapping, sealing, labeling, weighing, pricing, and stocking goods when performed in areas physically separate from areas where meat is prepared for sale and outside freezers or meat coolers. (Amended by Stats. 1995, Ch. 887, Sec. 5. Effective January 1, 1996.)
  117. 1294.4.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 2. Occupational Privileges and Restrictions [1285 - 1312] ( Chapter 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    A minor delivering newspapers to consumers is allowed to make deliveries by foot, bicycle, public transportation, or in a car driven by someone age 16 or older.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 2. Occupational Privileges and Restrictions [1285 - 1312] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## 1294.4. Nothing in this chapter shall be construed to prohibit a minor engaged in the delivery of newspapers to consumers from making deliveries by foot, bicycle, public transportation, or by an automobile driven by a person 16 years of age or older. (Amended by Stats. 1995, Ch. 887, Sec. 6. Effective January 1, 1996.)
  118. 1294.5.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 2. Occupational Privileges and Restrictions [1285 - 1312] ( Chapter 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    Minors 16 and 17 may do limited work at gas service stations, but they may not do pit, rack, lifting-apparatus, or certain tire-inflation work. Minors under 16 may work there only on activities listed in Section 1294.3.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 2. Occupational Privileges and Restrictions [1285 - 1312] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## 1294.5. (a) Minors 16 and 17 years of age may work in gas service stations in the following activities: (1) Dispensing gas or oil. (2) Courtesy service. (3) Car cleaning, washing, and polishing. (4) Activities specified in Section 1294.3. (b) No minor 16 or 17 years of age may perform work in gas service stations that involves the use of pits, racks, or lifting apparatus, or that involves the inflation of any tire mounted on a rim equipped with a removable retaining ring. (c) Minors under the age of 16 years may be employed in gas service stations to perform only those activities specified in Section 1294.3. (Added by Stats. 1994, Ch. 1175, Sec. 12. Effective January 1, 1995.)
  119. 1295.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 2. Occupational Privileges and Restrictions [1285 - 1312] ( Chapter 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    This section lists training and youth-work situations where certain occupational restrictions do not apply.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 2. Occupational Privileges and Restrictions [1285 - 1312] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## 1295. (a) Sections 1292, 1293, 1294, and 1294.5 shall not apply to any of the following: (1) Courses of training in vocational or manual training schools or in state institutions. (2) Apprenticeship training provided in an apprenticeship training program established pursuant to Chapter 4 (commencing with Section 3070) of Division 3. (3) Work experience education programs conducted pursuant to either or both Section 29007.5 and Article 5.5 (commencing with Section 5985) of Chapter 6 of Division 6 of the Education Code, provided that the work experience coordinator determines that the students have been sufficiently trained in the employment or work otherwise prohibited by these sections, if parental approval is obtained, and the principal or the counselor of the student has determined that the progress of the student toward graduation will not be impaired. (b) Section 1294.1 shall not apply to the following persons as provided by Section 570.72 of Title 29 of the Code of Federal Regulations: (1) Student-learners in a bona fide vocational agriculture program working in the occupations specified in paragraph (1) of subdivision (a) of Section 1294.1 under a written agreement that provides that the student-learner’s work is incidental to training, intermittent, for short periods of time, and under close supervision of a qualified person, and includes all of the following: (A) Safety instructions given by the school and correlated with the student-learners’s on-the-job training. (B) A schedule of organized and progressive work processes for the student-learner. (C) The name of the student-learner. (D) The signature of the employer and a school authority, each of whom must keep copies of the agreement. (2) Minors 14 or 15 years of age who hold certificates of completion of either a tractor operation or a machine operation program and who are working in the occupations for which they have been trained. These certificates are valid only for the occupations specified in paragraph (1) of subdivision (a) of Section 1294.1. Farmers employing minors who have completed this program shall keep a copy of the certificates of completion on file with the minor’s records. (3) Minors 14 and 15 years old who hold certificates of completion of either a tractor operation or a machine operation program of the United States Office of Education Vocational Agriculture Training Program and are working in the occupations for which they have been trained. These certificates are valid only for the occupations specified in paragraph (1) of subdivision (a) of Section 1294.1. Farmers employing minors who have completed this program shall keep a copy of the certificate of completion on file with the minor’s records. (Amended by Stats. 1995, Ch. 91, Sec. 105. Effective January 1, 1996.)
  120. 1295.5.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 2. Occupational Privileges and Restrictions [1285 - 1312] ( Chapter 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    This section lets minors 14 and older do certain sports-attending work in professional baseball, but sets approval and hour limits for younger minors and reporting duties for the school authority issuing the permit.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 2. Occupational Privileges and Restrictions [1285 - 1312] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## 1295.5. (a) Notwithstanding Section 1391 of this code or Section 49116 of the Education Code, minors 14 years of age and older may be employed during the hours permitted by subdivision (b) to perform sports-attending services in professional baseball as enumerated in subsection (b) of Section 570.35 of Title 29 of the Code of Federal Regulations. No employer may employ a minor 14 or 15 years of age to perform sports-attending services in professional baseball without the prior written approval of either the school district of the school in which the minor is enrolled or the county board of education of the county in which that school district is located. (b) Any minor 14 or 15 years of age who performs sports-attending services in professional baseball pursuant to subdivision (a) may be employed outside of school hours until 12:30 a.m. during any evening preceding a nonschoolday and until 10 p.m. during any evening preceding a schoolday. No employer may employ a minor 14 or 15 years of age to perform sports-attending services in professional baseball pursuant to subdivision (a) for more than five hours in any schoolday, for more than 18 hours in any week while school is in session, for more than eight hours in any nonschoolday, or for more than 40 hours in any week that school is not in session. An employer may employ a minor 16 or 17 years of age outside of school hours to perform sports-attending services in professional baseball pursuant to subdivision (a) for up to five hours in any schoolday. (c) The school authority issuing the permit to the minor to perform sports-attending services in professional baseball shall both (1) provide the local office of the Division of Labor Standards Enforcement with a copy of the permit within five business days after the date the permit is issued and (2) monitor the academic achievement of the minor to ensure that the educational progress of the minor is being maintained or improves during the period of employment. (Amended by Stats. 1998, Ch. 485, Sec. 120. Effective January 1, 1999.)
  121. 1296.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 2. Occupational Privileges and Restrictions [1285 - 1312] ( Chapter 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    The Labor Code section lets the Division of Labor Standards Enforcement decide, after a hearing, whether certain work is too dangerous for minors, and it prohibits minors from working in any occupation so determined.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 2. Occupational Privileges and Restrictions [1285 - 1312] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## 1296. The Division of Labor Standards Enforcement may, after a hearing, determine whether any particular trade, process of manufacture, or occupation, in which the employment of minors is not already forbidden by law, or whether any particular method of carrying on the trade, process of manufacture, or occupation is sufficiently dangerous to the lives or limbs or injurious to the health or morals of minors to justify their exclusion therefrom. No minor shall be employed or permitted to work in any occupation thus determined to be dangerous or injurious to minors. Any determination hereunder may be reviewed by the superior court. (Amended by Stats. 1995, Ch. 91, Sec. 106. Effective January 1, 1996.)
  122. 1297.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 2. Occupational Privileges and Restrictions [1285 - 1312] ( Chapter 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    Minors under 16 may not be employed as messengers in the listed services and locations, and minors under 18 may not do that work before 6 a.m. or after 9 p.m.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 2. Occupational Privileges and Restrictions [1285 - 1312] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## 1297. No minor under the age of 16 years shall be employed or permitted to work as a messenger for any telegraph, telephone, or messenger company, or for the United States government or any of its departments while operating a telegraph, telephone, or messenger service, in the distribution, transmission, or delivery of goods or messages in cities of more than 15,000 inhabitants; nor shall any minor under the age of 18 years be employed, permitted, or suffered to engage in such work before 6 o'clock in the morning or after 9 o'clock in the evening. Nothing in this section shall apply to any minor employed to deliver newspapers to consumers. (Amended by Stats. 1992, Ch. 1189, Sec. 3. Effective January 1, 1993.)
  123. 1298.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 2. Occupational Privileges and Restrictions [1285 - 1312] ( Chapter 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    A minor under 12 may not be employed or allowed to work selling or distributing newspapers, magazines, periodicals, or circulars, with a narrow exception for certain newspaper carriers age 10 or older.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 2. Occupational Privileges and Restrictions [1285 - 1312] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## 1298. (a) Notwithstanding Section 1308.1, no minor under 12 years of age shall be employed or permitted to work at any time in or in connection with the occupation of selling or distributing newspapers, magazines, periodicals, or circulars. (b) This section shall not apply to a minor who is at least 10 years of age and is engaged as a newspaper carrier on the effective date of the act adding this subdivision. (Amended by Stats. 1994, Ch. 1175, Sec. 15. Effective January 1, 1995.)
  124. 1299.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 2. Occupational Privileges and Restrictions [1285 - 1312] ( Chapter 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    If you employ minors, you must keep their work/employment permits and certificates on file, and the files must always be available for inspection by specified school, probation, education, and labor enforcement officers.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 2. Occupational Privileges and Restrictions [1285 - 1312] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## 1299. Every person, or agent or officer thereof, employing minors, either directly or indirectly through third persons, shall keep on file all permits and certificates, either to work or to employ, issued under this chapter or Part 27 (commencing with Section 48000) of the Education Code. The files shall be open at all times to the inspection of the school attendance and probation officers, the State Board of Education, and the officers of the Division of Labor Standards Enforcement. (Amended by Stats. 2017, Ch. 561, Sec. 150. (AB 1516) Effective January 1, 2018.)
  125. 13.

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

    Verify source ↗

    Words in the singular also include the plural, and words in the plural also include the singular.

    ## Labor Code - LAB ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 90. ) ## 13. The singular number includes the plural, and the plural the singular. (Enacted by Stats. 1937, Ch. 90.)
  126. 130.

    ## 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 and specified officers may administer oaths, certify official acts, and issue subpoenas.

    ## 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. ) ## 130. The appeals board and each of its members, its secretary, assistant secretaries, and workers’ compensation judges, may administer oaths, certify to all official acts, and issue subpoenas for the attendance of witnesses and the production of papers, books, accounts, documents and testimony in any inquiry, investigation, hearing or proceeding in any part of the state. (Amended by Stats. 1985, Ch. 326, Sec. 8.)
  127. 1300.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 2. Occupational Privileges and Restrictions [1285 - 1312] ( Chapter 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    Work and employment certificates or permits can be cancelled by the Labor Commissioner or the issuing authority if the legal basis for issuing them no longer exists or never existed.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 2. Occupational Privileges and Restrictions [1285 - 1312] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## 1300. All certificates and permits to work or to employ shall be subject to cancellation at any time by the Labor Commissioner or by the issuing authority, whenever the commissioner or the issuing authority finds that the conditions for the legal issuance of such certificate or permit no longer exist or have never existed. (Amended by Stats. 1972, Ch. 1441.)
  128. 1301.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 2. Occupational Privileges and Restrictions [1285 - 1312] ( Chapter 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    This section makes the chapter’s rules on employment of minors, and the civil penalties for breaking them, apply to certain property owners or controllers when a minor is employed on their property and the employment benefits them and they knowingly allow the violation.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 2. Occupational Privileges and Restrictions [1285 - 1312] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## 1301. (a) The provisions of this chapter concerning the employment of minors, and the civil penalties for violations of those provisions, are fully applicable to every person who owns or controls the real property upon which a minor is employed, whether or not that person is the minor’s employer, if the minor’s employment is for the benefit of the person, and the person has knowingly permitted the violation or continuation of violations. (b) The posting of a notice pursuant to Section 49140 of the Education Code does not exempt any person from this chapter. (Amended by Stats. 2017, Ch. 561, Sec. 151. (AB 1516) Effective January 1, 2018.)
  129. 1302.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 2. Occupational Privileges and Restrictions [1285 - 1312] ( Chapter 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    Certain attendance supervisors and county probation officers may enter workplaces to inspect minors’ work permits and investigate minor-employment law violations, and must report denied entry or violations to the Labor Commissioner within 48 hours in writing.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 2. Occupational Privileges and Restrictions [1285 - 1312] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## 1302. The attendance supervisor, who is a full-time attendance supervisor performing no other duties, of any county, city and county, or school district in which any place of employment is situated, or the probation officer of the county, may at any time, enter the place of employment for the purpose of examining permits to work or to employ of all minors employed in the place of employment, or for the purpose of investigating violations of this chapter or of Chapter 2 (commencing with Section 48200), 3 (commencing with Section 48400), or 7 (commencing with Section 49100) of Part 27 of the Education Code. If an attendance supervisor or probation officer is denied entrance to the place of employment, or if any violations of laws relating to the employment of minors are found to exist, the attendance supervisor or probation officer shall report the denial of entrance or the violation to the Labor Commissioner. The report shall be made within 48 hours and shall be in writing, setting forth the fact that he or she has good cause to believe that these laws are being violated in the place of employment, and describing the nature of the violation. (Amended by Stats. 2017, Ch. 561, Sec. 152. (AB 1516) Effective January 1, 2018.)
  130. 1303.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 2. Occupational Privileges and Restrictions [1285 - 1312] ( Chapter 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    Violating this chapter, or employing or allowing a minor to be employed in violation of it, is a misdemeanor with fines or jail time; willful violations have a higher fine option.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 2. Occupational Privileges and Restrictions [1285 - 1312] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## 1303. Any person, or agent or officer of that person, employing either directly or indirectly through third persons, or any parent or guardian of a minor affected by this chapter who violates any provision of this chapter, or who employs, or permits any minor to be employed in violation of this chapter, is guilty of a misdemeanor, punishable by a fine of not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000) or imprisonment in the county jail for not more than six months, or both. Any person who willfully violates this chapter shall, upon conviction, be subject to a fine of not more than ten thousand dollars ($10,000) or to imprisonment in the county jail for not more than six months, or both. A person shall not be imprisoned under this section, except for an offense committed after the conviction of that person for a prior offense under this chapter. (Amended by Stats. 2017, Ch. 561, Sec. 153. (AB 1516) Effective January 1, 2018.)
  131. 1304.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 2. Occupational Privileges and Restrictions [1285 - 1312] ( Chapter 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    This section says certain missing permits or certificates are prima facie evidence of illegal minor employment, and gives the Labor Commissioner or deputies’ sworn age statement evidentiary effect.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 2. Occupational Privileges and Restrictions [1285 - 1312] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## 1304. Failure to produce any permit or certificate either to work or to employ is prima facie evidence of the illegal employment of any minor whose permit or certificate is not produced. Proof that any person was the manager or superintendent of any place of employment subject to this chapter at the time any minor is alleged to have been employed therein in violation of this chapter, is prima facie evidence that the person employed, or permitted the minor to work. The sworn statement of the Labor Commissioner or his deputy or agents as to the age of any child affected by this chapter is prima facie evidence of the age of the child. (Amended by Stats. 2017, Ch. 561, Sec. 154. (AB 1516) Effective January 1, 2018.)
  132. 1305.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 2. Occupational Privileges and Restrictions [1285 - 1312] ( Chapter 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    This section directs how fines and penalties collected under the chapter must be paid and distributed among public funds and agencies.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 2. Occupational Privileges and Restrictions [1285 - 1312] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## 1305. (a) All fines and penalties collected under this chapter, other than as the result of a judicial proceeding to enforce collection, shall be paid to the department in the form of remittances payable to the Department of Industrial Relations. The department shall transmit the payments to the State Treasury and the payments shall be credited to the General Fund. (b) Notwithstanding Section 1463 of the Penal Code, all fines and penalties collected in judicial proceedings to enforce their collection, except for the civil penalties that are assessed and collected pursuant to Sections 1287, 1288, and 1289, shall be allocated pursuant to court order. The court shall direct that 50 percent of the fines and penalties assessed shall be transmitted to the county treasury, if prosecuted by the district attorney or the county counsel, or to the city treasury, if prosecuted by the city attorney, 25 percent of the fines and penalties assessed shall be transmitted to the Department of Industrial Relations to be available, upon appropriation by the Legislature, for the purpose of recovering costs incurred by the department pursuant to this chapter, and 25 percent of the fines and penalties assessed be transmitted to the Treasurer for deposit in the State Treasury to the credit of the General Fund. (Amended by Stats. 2017, Ch. 561, Sec. 155. (AB 1516) Effective January 1, 2018.)
  133. 1307.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 2. Occupational Privileges and Restrictions [1285 - 1312] ( Chapter 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    Minors covered by Division 9 of the Education Code who are found illegally at work must be placed or delivered into the custody of the local school district authorities.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 2. Occupational Privileges and Restrictions [1285 - 1312] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## 1307. All minors coming within the provisions of Division 9 (commencing with Section 10501) of the Education Code shall be placed or delivered into the custody of the school district authorities of the county or city in which they are found illegally at work. (Amended by Stats. 1965, Ch. 157.)
  134. 1308.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 2. Occupational Privileges and Restrictions [1285 - 1312] ( Chapter 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    This section makes it a misdemeanor to involve a minor in certain harmful or restricted work or performances, and it lists specific exceptions.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 2. Occupational Privileges and Restrictions [1285 - 1312] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## 1308. (a) Any person is guilty of a misdemeanor and is punishable by a fine of not less than one thousand dollars ($1,000) and not more than five thousand dollars ($5,000), imprisonment for not exceeding six months, or both, who, as parent, relative, guardian, employer, or otherwise having the care, custody, or control of any minor under the age of 16 years, exhibits, uses, or employs, or in any manner or under any pretense, sells, apprentices, gives away, lets out, or disposes of the minor to any person, under any name, title, or pretense for, or who causes, procures, or encourages the minor to engage in any of the following: (1) Any business, exhibition, or vocation injurious to the health or dangerous to the life or limb of the minor. (2) The vocation, occupation, service, or purpose of singing, playing on musical instruments, rope or wire walking, dancing, begging, or peddling, or as a gymnast, acrobat, contortionist, or rider, in any place whatsoever. (3) Any obscene, indecent, or immoral purposes, exhibition, or practice whatsoever. Notwithstanding any other law, this paragraph applies to a person with respect to any minor under the age of 18 years. (4) Any mendicant or wandering business. Any person who willfully violates this section shall, upon conviction, be subject to a fine of not more than ten thousand dollars ($10,000), or to imprisonment in the county jail for not more than six months, or both. No person shall be imprisoned under this section, except for an offense committed after the conviction of that person for a prior offense under this chapter. (b) This section does not apply to or affect any of the following: (1) The employment or use of any minor as a singer or musician in any church, school, or academy, or the teaching or learning of the science or practice of music. (2) The employment of any minor as a musician at any concert or other musical entertainment, or as a performer in any form of entertainment, on the written consent of the Labor Commissioner pursuant to Section 1308.5. (3) The participation by any minor of any age, whether or not the minor receives payment for his or her services or receives money prizes, in any horseback riding exhibition, contest, or event other than a rough stock rodeo event, circus, or race. As used in this paragraph, “rough stock rodeo event” means any rodeo event operated for profit or operated by other than a nonprofit organization in which unbroken, little-trained, or imperfectly trained animals are ridden or handled by the participant, and shall include, but not be limited to, saddle bronc riding, bareback riding, and bull riding. As used in this paragraph, “race” means any speed contest between two or more animals that are on a course at the same time and that is operated for profit or operated other than by a nonprofit organization. (4) The leading of livestock by a minor in nonprofit fairs, stock parades, livestock shows and exhibitions. (Amended by Stats. 2017, Ch. 561, Sec. 156. (AB 1516) Effective January 1, 2018.)
  135. 1308.1.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 2. Occupational Privileges and Restrictions [1285 - 1312] ( Chapter 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    Minors under 6 may not do door-to-door or street sales of the listed goods, and minors under 16 who are legally allowed to do those sales may not be employed in them more than 50 miles from home.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 2. Occupational Privileges and Restrictions [1285 - 1312] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## 1308.1. (a) No minor under the age of 6 years shall be permitted to engage in the door-to-door sales or street sales of candy, cookies, flowers, or any other merchandise or commodities. (b) No minor under 16 years of age, permitted by law to engage in door-to-door sales of newspaper or magazine subscriptions, or of candy, cookies, flowers, or other merchandise or commodities, shall be employed in those activities more than 50 miles from his or her place of residence. (Amended by Stats. 1994, Ch. 1175, Sec. 19. Effective January 1, 1995.)
  136. 1308.10.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 2. Occupational Privileges and Restrictions [1285 - 1312] ( Chapter 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    Before a minor under 16 is employed in certain listed circumstances, the Labor Commissioner may issue a temporary permit, and the permit process has specific application, fee, and timing rules.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 2. Occupational Privileges and Restrictions [1285 - 1312] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## 1308.10. (a) Prior to the employment of a minor under the age of 16 years in any of the circumstances listed in subdivision (a) of Section 1308.5, the Labor Commissioner may issue a temporary permit authorizing employment of the minor to enable a parent or guardian of the minor to meet the requirement for a permit under subdivision (a) of Section 1308.5 and to establish a trust account for the minor or to produce the documentation required by the Labor Commissioner for the issuance of a permit under Section 1308.5, subject to all of the following conditions: (1) A temporary permit shall be valid for a period not to exceed 10 days from the date of issuance. (2) A temporary permit shall not be issued for the employment of a minor if the minor’s parent or guardian has previously applied for or been issued a permit by the Labor Commissioner pursuant to Section 1308.5 or a temporary permit pursuant to this section for employment of the minor. (3) For infants who are subject to the requirements of Section 1308.8, a temporary permit shall not be issued before the requirements of that section are met. (4) The Division of Labor Standards Enforcement shall prepare and make available on its Internet Web site the application form for a temporary permit. An applicant for a temporary permit shall submit a completed application and application fee online to the division. Upon receipt of the completed application and fee, the division shall immediately issue a temporary permit. (b) The Labor Commissioner shall set forth the fee in an amount sufficient to pay for the costs of administering the online temporary minor’s entertainment work permit program, but not to exceed fifty dollars ($50). (Amended by Stats. 2016, Ch. 31, Sec. 178. (SB 836) Effective June 27, 2016.)
  137. 1308.11.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 2. Occupational Privileges and Restrictions [1285 - 1312] ( Chapter 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    Fees and permit fees collected under this chapter must be deposited into the Labor Enforcement and Compliance Fund, and on June 27, 2016, money and related assets and obligations of the Entertainment Work Permit Fund were transferred to that fund.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 2. Occupational Privileges and Restrictions [1285 - 1312] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## 1308.11. (a) All registrations, fees, and permit fees collected under this chapter shall be deposited in the Labor Enforcement and Compliance Fund. (b) On June 27, 2016, any moneys in the Entertainment Work Permit Fund and any assets, liabilities, revenues, expenditures, and encumbrances of that fund shall be transferred to the Labor Enforcement and Compliance Fund. (Amended by Stats. 2017, Ch. 561, Sec. 158. (AB 1516) Effective January 1, 2018.)
  138. 1308.2.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 2. Occupational Privileges and Restrictions [1285 - 1312] ( Chapter 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    Certain adults transporting or supervising minors for door-to-door sales must register with the Labor Commissioner, and registrants must keep proof of registration with them.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 2. Occupational Privileges and Restrictions [1285 - 1312] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## 1308.2. (a) Except as provided in subdivision (f), any person 18 years of age or older who transports, or provides direction or supervision during transportation of, a minor under 16 years of age to any location more than 10 miles from the minor’s residence, or directs or supervises a minor, for the purpose of facilitating the minor’s participation in door-to-door sales of any merchandise or commodity, shall register with the Labor Commissioner pursuant to this section. Registration may be renewed on an annual basis. (b) The Labor Commissioner shall not register or renew registration of any person pursuant to this section unless all of the following conditions are satisfied: (1) The person has executed a written application on a form prescribed by the Labor Commissioner, including all of the following: (A) The name, address, social security number, and California driver’s license number of the applicant and the name, address, and employer identification number of the organization from which the merchandise to be sold is purchased. The information provided pursuant to this subparagraph shall be set forth in a declaration of the individual applicant under penalty of perjury. (B) A statement by the applicant containing all facts required by the Labor Commissioner concerning the applicant’s character, competency, responsibility, and the manner and method by which the applicant proposes to transport the minor or minors, the number of minors to be transported, methods and levels of adult supervision to be provided, the nature of the merchandise to be sold, the content of any promotional statement to be delivered by any minor, and a description of how the merchandise or commodity to be sold would be represented to the public. (2) The Labor Commissioner, following an investigation thereof, is satisfied as to the character, competency, and responsibility of the applicant. (3) Each application for initial registration shall be accompanied by a fee determined by the Labor Commissioner in an amount sufficient in the aggregate to defray the division’s costs of administering the registration program, but which shall not exceed one hundred dollars ($100) for initial registration or fifty dollars ($50) for registration renewal. (c) Any registrant under this section shall have proof of registration with the Labor Commissioner in his or her immediate possession at all times when engaged in any activity described in subdivision (a). (d) Whenever an application for a registration or renewal is made, and application processing pursuant to this section has not been completed, the Labor Commissioner may, at his or her discretion, issue a temporary or provisional registration valid for a period not exceeding 90 days, and subject, where appropriate, to summary revocation by the Labor Commissioner. Otherwise, the conditions for issuance or renewal of registration shall meet the requirements of subdivision (b). (e) Any person who violates subdivision (a) or (c) is guilty of a misdemeanor, punishable by a fine of one thousand dollars ($1,000) per affected minor upon the first conviction for a violation, two thousand five hundred dollars ($2,500) per affected minor for the second conviction for a violation, and ten thousand dollars ($10,000) per affected minor for a third or subsequent conviction for a violation. (f) The following persons are not required to register under this section: (1) A parent or the guardian of the minor. (2) A person solely providing transportation for hire, who is not otherwise subject to the registration requirements of subdivision (a). (3) A person acting on behalf of a trustee or charitable corporation, as defined in Sections 12582 and 12582.1, respectively, of the Government Code, or of any entity described in Section 12583 of the Government Code. (Added by Stats. 1994, Ch. 1175, Sec. 20. Effective January 1, 1995.)
  139. 1308.3.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 2. Occupational Privileges and Restrictions [1285 - 1312] ( Chapter 2 enacted by Stats. 1937, Ch. 90. )

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    Covered employers of minors under 16 in certain door-to-door sales must register with the Labor Commissioner, keep proof of registration available, and make payroll records available on request.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 2. Occupational Privileges and Restrictions [1285 - 1312] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## 1308.3. (a) Except as provided in subdivision (g), any individual, association, corporation, or other entity that employs or uses, either directly or indirectly through third persons, minors under 16 years of age in door-to-door sales at any location more than 10 miles from the minor’s residence shall register with the Labor Commissioner pursuant to this section. Registration may be renewed on an annual basis. (b) The Labor Commissioner shall not register or renew registration of any applicant pursuant to this section unless all of the following conditions are satisfied: (1) The organization has executed a written application therefor on a form prescribed by the Labor Commissioner, including all of the following: (A) The company’s name, address, and employer identification number, and the names, addresses, and social security numbers of all adults employed to supervise, accompany, or transport minors who would be engaged in door-to-door sales. The information provided pursuant to this subparagraph shall be set forth in a declaration under penalty of perjury by the applicant if an individual, or an officer of an applicant that is an association, corporation, or other entity. (B) A statement of all the facts required by the Labor Commissioner concerning the nature of the merchandise to be sold and a plan detailing the level and nature of adult supervision to be provided minors engaged in door-to-door sales. The information provided pursuant to this subparagraph shall be by declaration under penalty of perjury by the individual, or an officer of the association, corporation, or other entity. (C) A copy of any written contract or other written agreement to be offered by the applicant to minors employed or used by the applicant in door-to-door sales. (2) The Labor Commissioner, following an investigation thereof, is satisfied that the employer has not previously violated this chapter and does not propose to expose minors in its employ to hazardous or unsafe working conditions. (3) Each application for initial registration shall be accompanied by a fee determined by the Labor Commissioner in an amount sufficient in the aggregate to defray the division’s costs of administering the registration program, but which shall not exceed three hundred fifty dollars ($350) for initial registration or two hundred dollars ($200) for registration renewal. (c) Any registrant under this section shall, upon request, make available for inspection by the Labor Commissioner all of its payroll records for any period. (d) Any registrant under this section, or person acting on behalf of a registrant, shall have proof of registration with the Labor Commissioner in his or her immediate possession at all times when engaged in any activity described in subdivision (a). (e) Whenever an application for a registration or renewal is made, and application processing pursuant to this section has not been completed, the Labor Commissioner may, at his or her discretion, issue a temporary or provisional registration valid for a period not exceeding 90 days, and subject, where appropriate, to summary revocation by the Labor Commissioner. Otherwise, the conditions for issuance or renewal of registration shall meet the requirements of subdivision (a). (f) Any person or entity, or any agent or officer thereof, who violates subdivision (a) or (d), and any parent or guardian who knowingly permits a minor in his or her custody to be employed in door-to-door sales specified in subdivision (a) by an unregistered person or entity, or permits any minor to be employed in violation hereof, is guilty of a misdemeanor, punishable by a fine of one thousand dollars ($1,000) per affected minor for the first conviction for a violation, two thousand five hundred dollars ($2,500) per affected minor for the second conviction for a violation, and ten thousand dollars ($10,000) per affected minor for a third or subsequent conviction for a violation. (g) This section does not apply to any trustee or charitable corporation, as defined in Sections 12582 and 12582.1, respectively, of the Government Code, or to any entity described in Section 12583 of the Government Code. (Amended by Stats. 2017, Ch. 561, Sec. 157. (AB 1516) Effective January 1, 2018.)
  140. 1308.4.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 2. Occupational Privileges and Restrictions [1285 - 1312] ( Chapter 2 enacted by Stats. 1937, Ch. 90. )

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    The Labor Commissioner may revoke, suspend, or refuse to renew a registration if specified compliance, misrepresentation, operation, or child-labor-related violations occur.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 2. Occupational Privileges and Restrictions [1285 - 1312] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## 1308.4. The Labor Commissioner may revoke, suspend, or refuse to renew any registration under Section 1308.2 or 1308.3 when any of the following have occurred: (a) The registrant or any agent of the registrant has violated or failed to comply with Section 1308.2 or 1308.3. (b) The registrant has made any misrepresentation or false statement in his or her application for registration under Section 1308.2 or 1308.3. (c) The registrant has operated in a manner substantially different from the conditions of operation stated in the application for registration. (d) The registrant, or any agent of the registrant, has been found by a court of law or the Labor Commissioner to have violated, or willfully aided or abetted any person in the violation of, any law of this state regulating the employment of minors, the payment of wages to minors, or the conditions, terms, or places of employment affecting the health and safety of minors. (e) The registrant has been found, by a court of law or the Secretary of Labor, to have violated any provision of the child labor provisions set forth in Section 12 of the federal Fair Labor Standards Act of 1938, as amended (29 U.S.C. Sec. 212). (Added by Stats. 1994, Ch. 1175, Sec. 22. Effective January 1, 1995.)
  141. 1308.5.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 2. Occupational Privileges and Restrictions [1285 - 1312] ( Chapter 2 enacted by Stats. 1937, Ch. 90. )

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    Minors under 16 are generally covered by this section, and many entertainment-related employments of minors require written consent from the Labor Commissioner in the form of a permit.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 2. Occupational Privileges and Restrictions [1285 - 1312] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## 1308.5. (a) This section, with the exception of paragraph (4) of this subdivision, shall apply to all minors under the age of 16 years. The written consent of the Labor Commissioner in the form of a permit to employ a minor in the entertainment industry is required for any minor, not otherwise exempted by this chapter, for any of the following: (1) The employment of any minor, in the presentation of any drama, legitimate play, or in any radio broadcasting or television studio. (2) The employment of any minor 12 years of age or over in any other performance, concert, or entertainment. (3) The appearance of any minor over the age of eight years in any performance, concert, or entertainment during the public school vacation. (4) Allowing any minor between the ages of 8 and 18 years, who is by any law of this state permitted to be employed as an actor, actress, or performer in a theater, motion picture studio, radio broadcasting studio, or television studio, before 10 p.m., in the presentation of a performance, play, or drama continuing from an earlier hour until after 10 p.m., to continue his or her part in such presentation between the hours of 10 p.m. and midnight. (5) The appearance of any minor in any entertainment which is noncommercial in nature. (6) The employment of any minor artist in the making of phonograph recordings. (7) The employment of any minor as an advertising or photographic model. (8) The employment or appearance of any minor pursuant to a contract approved by the superior court under Chapter 3 (commencing with Section 6750) of Part 3 of Division 11 of the Family Code. (b) Any person, or the agent, manager, superintendent, or officer thereof, employing either directly or indirectly through third persons, or any parent or guardian of a minor who employs, or permits any minor to be employed in violation of any of the provisions of this section is guilty of a misdemeanor. Failure to produce the written consent from the Labor Commissioner is prima facie evidence of the illegal employment of any minor whose written consent is not produced. (Amended by Stats. 2011, Ch. 557, Sec. 1. (AB 1401) Effective January 1, 2012.)
  142. 1308.6.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 2. Occupational Privileges and Restrictions [1285 - 1312] ( Chapter 2 enacted by Stats. 1937, Ch. 90. )

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    Consent for a minor’s performance, concert, or entertainment may be given only if the required conditions are satisfied.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 2. Occupational Privileges and Restrictions [1285 - 1312] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## 1308.6. No consent shall be given at any time unless the officer giving it is satisfied that all of the following conditions are met: (a) The environment in which the performance, concert, or entertainment is to be produced is proper for the minor. (b) The conditions of employment are not detrimental to the health of the minor. (c) The minor’s education will not be neglected or hampered by his or her participation in the performance, concert, or entertainment. The Labor Commissioner may require the authority charged with the issuance of age and schooling certificates to make the necessary investigation into the conditions covered by this section. (Added by renumbering Section 1396 by Stats. 1988, Ch. 96, Sec. 9.)
  143. 1308.7.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 2. Occupational Privileges and Restrictions [1285 - 1312] ( Chapter 2 enacted by Stats. 1937, Ch. 90. )

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    Minors may not work in the entertainment industry beyond stated hour limits, with a narrow exception for certain nonschoolday evenings.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 2. Occupational Privileges and Restrictions [1285 - 1312] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## 1308.7. (a) No minor shall be employed in the entertainment industry more than eight hours in one day of 24 hours, or more than 48 hours in one week, or before 5 a.m., or after 10 p.m. on any day preceding a schoolday. However, a minor may work the hours authorized by this section during any evening preceding a nonschoolday until 12:30 a.m. of the nonschoolday. (b) For purposes of this section, “schoolday” means any day in which a minor is required to attend school for 240 minutes or more. (c) Any person or the agent or officer thereof, or any parent or guardian, who directly or indirectly violates or causes or suffers the violation of this section, is guilty of a misdemeanor punishable by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), or imprisonment in the county jail for not more than 60 days, or both. (Added by Stats. 1993, Ch. 570, Sec. 1. Effective September 28, 1993.)
  144. 1308.8.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 2. Occupational Privileges and Restrictions [1285 - 1312] ( Chapter 2 enacted by Stats. 1937, Ch. 90. )

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    An employer may not employ an infant under one month old in the entertainment industry unless a qualified physician provides the required written certification.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 2. Occupational Privileges and Restrictions [1285 - 1312] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## 1308.8. (a) No infant under the age of one month may be employed in the entertainment industry unless a licensed physician and surgeon who is board certified in either pediatrics or family medicine provides written certification that the infant is at least 15 days old and, in their medical opinion, the infant was carried to full term, was of normal birth weight, is physically capable of handling the stress of working in the entertainment industry, and the infant’s lungs, eyes, heart, and immune system are sufficiently developed to withstand the potential risks. (b) Any parent, guardian, or employer of a minor, and any officer or agent of an employer of a minor, who directly or indirectly violates subdivision (a), or who causes or suffers a violation of subdivision (a), with respect to that minor, is guilty of a misdemeanor punishable by a fine of not less than two thousand five hundred dollars ($2,500) nor more than five thousand dollars ($5,000), by imprisonment in the county jail for not more than 60 days, or by both that fine and imprisonment. (Amended by Stats. 2019, Ch. 632, Sec. 14.5. (AB 1622) Effective January 1, 2020.)
  145. 1308.9.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 2. Occupational Privileges and Restrictions [1285 - 1312] ( Chapter 2 enacted by Stats. 1937, Ch. 90. )

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    A person may not apply more than once in six months for Labor Commissioner consent to employ the same minor, and the consent expires after 10 business days unless a trustee-statement copy for a Coogan Trust Account is attached.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 2. Occupational Privileges and Restrictions [1285 - 1312] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## 1308.9. (a) If the Labor Commissioner provides written consent pursuant to Section 1308.5 for the employment of a minor under a contract described in Section 6750 of the Family Code, that consent shall be void after the expiration of 10 business days from the date written consent was granted, unless it is attached to a true and correct copy of the trustee’s statement evidencing the establishment on behalf of the minor of a “Coogan Trust Account” pursuant to Chapter 3 (commencing with Section 6750) of Part 3 of Division 11 of the Family Code. If the written consent is attached to a true and correct copy of that trustee’s statement, the written consent shall be valid for a six-month period. (b) A person may not apply for the written consent of the Labor Commissioner to employ the same minor under a contract described in Section 6750 of the Family Code more than once in any six-month period. If written consent is issued by the Labor Commissioner for the employment of the same minor more than once within any six-month period, the earliest dated written consent shall be valid and any other written consent issued during that six-month period shall be void. (Added by Stats. 2003, Ch. 667, Sec. 4. Effective January 1, 2004.)
  146. 1309.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 2. Occupational Privileges and Restrictions [1285 - 1312] ( Chapter 2 enacted by Stats. 1937, Ch. 90. )

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    People who handle minors under the specified ages for the purposes in Section 1308 commit a misdemeanor and can be fined or jailed.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 2. Occupational Privileges and Restrictions [1285 - 1312] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## 1309. Every person who takes, receives, hires, employs, uses, exhibits, or has in custody, for any of the purposes mentioned in Section 1308, any minor under the age of 16, or under the age of 18, as specified in paragraph (3) of subdivision (a) of Section 1308, is guilty of a misdemeanor punishable by a fine of not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000), or imprisonment for not more than six months, or both. Any person who willfully violates this section shall, upon conviction, be subject to a fine of not more than ten thousand dollars ($10,000), or to imprisonment in the county jail for not more than six months, or both. A person shall not be imprisoned under this section, except for an offense committed after the conviction of that person for a prior offense under this chapter. (Amended by Stats. 2017, Ch. 561, Sec. 159. (AB 1516) Effective January 1, 2018.)
  147. 1309.5.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 2. Occupational Privileges and Restrictions [1285 - 1312] ( Chapter 2 enacted by Stats. 1937, Ch. 90. )

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    Certain sellers and retailers dealing in sexual-conduct materials involving minors must record the source names and addresses and keep those records for three years.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 2. Occupational Privileges and Restrictions [1285 - 1312] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## 1309.5. (a) Every person who, with knowledge that a person is a minor under 18 years of age, or who, while in possession of these facts that he or she should reasonably know that the person is a minor under 18 years of age, knowingly sells or distributes for resale films, photographs, slides, or magazines which depict a minor under 18 years of age engaged in sexual conduct as defined in Section 311.4 of the Penal Code, shall determine the names and addresses of persons from whom this material is obtained, and shall keep a record of these names and addresses. These records shall be kept for a period of three years after the material is obtained, and shall be kept confidential except that they shall be available to law enforcement officers as described in Section 830.1 and subdivision (h) of Section 830.3 of the Penal Code upon request. (b) Every retailer who knows or reasonably should know that films, photographs, slides, or magazines depict a minor under the age of 18 years engaged in sexual conduct as defined in Section 311.4 of the Penal Code, shall keep a record of the names and addresses of persons from whom this material is acquired. These records shall be kept for a period of three years after the material is acquired, and shall be kept confidential except that they shall be available to law enforcement officers as described in Section 830.1 and subdivision (h) of Section 830.3 of the Penal Code upon request. (c) The failure to keep and maintain the records described in subdivisions (a) and (b) for a period of three years after the obtaining or acquisition of this material is a misdemeanor. Disclosure of these records by law enforcement officers, except in the performance of their duties, is a misdemeanor. (Amended by Stats. 1989, Ch. 806, Sec. 5.)
  148. 1309.6.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 2. Occupational Privileges and Restrictions [1285 - 1312] ( Chapter 2 enacted by Stats. 1937, Ch. 90. )

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    Violating Section 1309.5 can lead to a civil penalty of up to $7,500 per violation, enforced through a civil action by specified public attorneys.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 2. Occupational Privileges and Restrictions [1285 - 1312] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## 1309.6. (a) Any person who violates any provision of Section 1309.5 shall be liable for a civil penalty not to exceed seven thousand five hundred dollars ($7,500) for each violation, which shall be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General or by any district attorney, county counsel, or city attorney in any court of competent jurisdiction. (b) If the action is brought by the Attorney General, one-half of the penalty collected shall be paid to the treasurer of the county in which the judgment was entered, and one-half to the State Treasurer. If brought by a district attorney or county counsel, the entire amount of penalty collected shall be paid to the treasurer of the county in which the judgment was entered. If brought by a city attorney or city prosecutor, one-half of the penalty shall be paid to the treasurer of the county and one-half to the city. (Amended by Stats. 1995, Ch. 887, Sec. 10. Effective January 1, 1996.)
  149. 131.

    ## 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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    This section says certain witnesses can receive fees and mileage, may demand payment when served, and may collect unpaid amounts by action.

    ## 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. ) ## 131. Each witness who appears by order of the appeals board or any of its members, or a workers’ compensation judge, shall receive, if demanded, for his or her attendance the same fees and mileage allowed by law to a witness in civil cases, paid by the party at whose request the witness is subpoenaed, unless otherwise ordered by the appeals board. When any witness who has not been required to attend at the request of any party is subpoenaed by the appeals board, his or her fees and mileage may be paid from the funds appropriated for the use of the appeals board in the same manner as other expenses of the appeals board are paid. Any witness subpoenaed, except one whose fees and mileage are paid from the funds of the appeals board, may, at the time of service, demand the fee to which he or she is entitled for travel to and from the place at which he or she is required to appear, and one day’s attendance. If a witness demands his or her fees at the time of service, and they are not at that time paid or tendered, he or she shall not be required to attend as directed in the subpoena. All fees and mileage to which any witness is entitled under this section may be collected by action therefor instituted by the person to whom the fees are payable. (Amended by Stats. 1985, Ch. 326, Sec. 9.)
  150. 1310.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 2. Occupational Privileges and Restrictions [1285 - 1312] ( Chapter 2 enacted by Stats. 1937, Ch. 90. )

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    This section says the chapter does not stop minors from appearing in certain church, school, charity, broadcast, digital, or one-time event settings if the listed conditions are met.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 2. Occupational Privileges and Restrictions [1285 - 1312] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## 1310. This chapter and Chapter 3 (commencing with Section 1390) do not prohibit or prevent any of the following: (a) The appearance of any minor in any church, public or religious school, or community entertainment. (b) The appearance of any minor in any school entertainment or in any entertainment for charity or for children, for which an admission fee is not charged. (c) The appearance of any minor in any radio or television broadcasting or digital exhibition, if the minor does not receive compensation directly or indirectly therefor, the engagement of the minor is limited to a single appearance lasting not more than one hour, and an admission fee is not charged for the radio or television broadcasting or digital exhibition. (d) The appearance of any minor at any one event during a calendar year, occurring on a day on which school attendance is not required or on the day preceding such a day, lasting four hours or less, if a parent or guardian of the minor is present, for which the minor does not directly or indirectly receive any compensation. (Amended by Stats. 2018, Ch. 261, Sec. 1. (AB 2388) Effective January 1, 2019.)
  151. 1311.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 2. Occupational Privileges and Restrictions [1285 - 1312] ( Chapter 2 enacted by Stats. 1937, Ch. 90. )

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    The Division of Labor Standards Enforcement must enforce this chapter.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 2. Occupational Privileges and Restrictions [1285 - 1312] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## 1311. The Division of Labor Standards Enforcement shall enforce this chapter. (Amended by Stats. 2017, Ch. 561, Sec. 161. (AB 1516) Effective January 1, 2018.)
  152. 1311.5.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 2. Occupational Privileges and Restrictions [1285 - 1312] ( Chapter 2 enacted by Stats. 1937, Ch. 90. )

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    This section names the Child Labor Protection Act of 2014, tolls limitation periods until an affected minor reaches majority, gives certain affected workers treble damages, and imposes a civil penalty for certain class A violations involving very young minors.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 2. Occupational Privileges and Restrictions [1285 - 1312] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## 1311.5. (a) This section shall be known and may be cited as the Child Labor Protection Act of 2014. (b) The statute of limitations for claims arising under this code shall be tolled until an individual allegedly aggrieved by an unlawful practice attains the age of majority. This subdivision is declaratory of existing law. (c) In addition to other remedies available, an individual who is discharged, threatened with discharge, demoted, suspended, retaliated against, subjected to an adverse action, or in any other manner discriminated against in the terms or conditions of his or her employment because the individual filed a claim or civil action alleging a violation of this code that arose while the individual was a minor, whether the claim or civil action was filed before or after the individual reached the age of majority, is entitled to treble damages. (d) A class “A” violation, as defined in subdivision (a) of Section 1288, that involves a minor 12 years of age or younger shall be subject to a civil penalty in an amount not less than twenty-five thousand dollars ($25,000) and not exceeding fifty thousand dollars ($50,000) for each violation. (Amended by Stats. 2015, Ch. 303, Sec. 376. (AB 731) Effective January 1, 2016.)
  153. 1312.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 2. Occupational Privileges and Restrictions [1285 - 1312] ( Chapter 2 enacted by Stats. 1937, Ch. 90. )

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    This section preserves the Attorney General’s and county district attorneys’ authority to prosecute and enforce violations of this chapter.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 2. Occupational Privileges and Restrictions [1285 - 1312] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## 1312. This chapter does not limit the authority of the Attorney General or the district attorney of any county, either upon their own complaint or the complaint of any person acting for himself or the general public, to prosecute actions, either civil or criminal, for violations of this chapter, or to enforce the provisions thereof independently and without specific direction of the director. (Amended by Stats. 2017, Ch. 561, Sec. 162. (AB 1516) Effective January 1, 2018.)
  154. 132.

    ## 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 superior court may compel witness attendance, testimony, and document production in workers’ compensation proceedings, and noncompliance can lead to contempt.

    ## 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. ) ## 132. The superior court in and for the county in which any proceeding is held by the appeals board or a workers’ compensation judge may compel the attendance of witnesses, the giving of testimony and the production of papers, including books, accounts, and documents, as required by any subpoena regularly issued hereunder. In case of the refusal of any witness to obey the subpoena the appeals board or the workers’ compensation judge, before whom the testimony is to be given or produced, may report to the superior court in and for the county in which the proceeding is pending, by petition, setting forth that due notice has been given of the time and place of attendance of the witness, or the production of the papers, that the witness has been subpoenaed in the prescribed manner, and that the witness has failed and refused to obey the subpoena, or has refused to answer questions propounded to him or her in the course of the proceeding, and ask an order of the court, compelling the witness to attend and testify or produce the papers before the appeals board. The court shall thereupon enter an order directing the witness to appear before the court at a time and place fixed in the order, the time to be not more than 10 days from the date of the order, and then and there show cause why he or she had not attended and testified or produced the papers before the appeals board or the workers’ compensation judge. A copy of the order shall be served upon the witness. If it appears to the court that the subpoena was regularly issued hereunder and that the witness was legally bound to comply therewith, the court shall thereupon enter an order that the witness appear before the appeals board or the workers’ compensation judge at a time and place fixed in the order, and testify or produce the required papers, and upon failure to obey the order, the witness shall be dealt with as for contempt of court. The remedy provided in this section is cumulative, and shall not impair or interfere with the power of the appeals board or a member thereof to enforce the attendance of witnesses and the production of papers, and to punish for contempt in the same manner and to the same extent as courts of record. (Amended by Stats. 1985, Ch. 326, Sec. 10.)
  155. 132a

    ## 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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    Employers and insurers may not retaliate against workers for filing or planning workers’ compensation claims, or for testifying in another worker’s case.

    ## 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. ) ## 132a. It is the declared policy of this state that there should not be discrimination against workers who are injured in the course and scope of their employment. (1) Any employer who discharges, or threatens to discharge, or in any manner discriminates against any employee because he or she has filed or made known his or her intention to file a claim for compensation with his or her employer or an application for adjudication, or because the employee has received a rating, award, or settlement, is guilty of a misdemeanor and the employee’s compensation shall be increased by one-half, but in no event more than ten thousand dollars ($10,000), together with costs and expenses not in excess of two hundred fifty dollars ($250). Any such employee shall also be entitled to reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer. (2) Any insurer that advises, directs, or threatens an insured under penalty of cancellation or a raise in premium or for any other reason, to discharge an employee because he or she has filed or made known his or her intention to file a claim for compensation with his or her employer or an application for adjudication, or because the employee has received a rating, award, or settlement, is guilty of a misdemeanor and subject to the increased compensation and costs provided in paragraph (1). (3) Any employer who discharges, or threatens to discharge, or in any manner discriminates against any employee because the employee testified or made known his or her intentions to testify in another employee’s case before the appeals board, is guilty of a misdemeanor, and the employee shall be entitled to reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer. (4) Any insurer that advises, directs, or threatens an insured employer under penalty of cancellation or a raise in premium or for any other reason, to discharge or in any manner discriminate against an employee because the employee testified or made known his or her intention to testify in another employee’s case before the appeals board, is guilty of a misdemeanor. Proceedings for increased compensation as provided in paragraph (1), or for reinstatement and reimbursement for lost wages and work benefits, are to be instituted by filing an appropriate petition with the appeals board, but these proceedings may not be commenced more than one year from the discriminatory act or date of termination of the employee. The appeals board is vested with full power, authority, and jurisdiction to try and determine finally all matters specified in this section subject only to judicial review, except that the appeals board shall have no jurisdiction to try and determine a misdemeanor charge. The appeals board may refer and any worker may complain of suspected violations of the criminal misdemeanor provisions of this section to the Division of Labor Standards Enforcement, or directly to the office of the public prosecutor. (Amended by Stats. 1990, Ch. 1550, Sec. 13.)
  156. 133.

    ## 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 Division of Workers’ Compensation, including the administrative director and the appeals board, has power to do whatever is necessary or convenient to exercise its powers or jurisdiction under this code.

    ## 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. ) ## 133. The Division of Workers’ Compensation, including the administrative director and the appeals board, shall have power and jurisdiction to do all things necessary or convenient in the exercise of any power or jurisdiction conferred upon it under this code. (Amended by Stats. 2011, Ch. 559, Sec. 7. (AB 1426) Effective October 7, 2011.)
  157. 134.

    ## 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 appeals board or a member of it may issue contempt-related writs and process, and it may designate who can serve that process statewide.

    ## 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. ) ## 134. The appeals board or any member thereof may issue writs or summons, warrants of attachment, warrants of commitment and all necessary process in proceedings for contempt, in like manner and to the same extent as courts of record. The process issued by the appeals board or any member thereof shall extend to all parts of the state and may be served by any persons authorized to serve process of courts of record or by any person designated for that purpose by the appeals board or any member thereof. The person executing process shall receive compensation allowed by the appeals board, not to exceed the fees prescribed by law for similar services. Such fees shall be paid in the same manner as provided herein for the fees of witnesses. (Amended by Stats. 1965, Ch. 1513.)
  158. 135.

    ## 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 appeals board may destroy or otherwise dispose of certain files if it follows its rules and has the Secretary of State’s approval.

    ## 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. ) ## 135. In accordance with rules of practice and procedure that it may adopt, the appeals board may, with the approval of the Secretary of State, destroy or otherwise dispose of any file kept by it in connection with any proceeding under Division 4 (commencing with Section 3200) or Division 4.5 (commencing with Section 6100). (Amended by Stats. 2014, Ch. 28, Sec. 61. (SB 854) Effective June 20, 2014.)
  159. 138.

    ## 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 administrative director may appoint a deputy to act when absent from the state 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. ) ## 138. The administrative director may appoint a deputy to act when he or she is absent from the state due to official business, vacation, or illness. (Amended by Stats. 2011, Ch. 559, Sec. 8. (AB 1426) Effective October 7, 2011.)
  160. 138.1.

    ## 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 administrative director is appointed by the Governor with Senate advice and consent and serves at the Governor’s pleasure. The director is also paid under a separate Government Code salary provision.

    ## 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. ) ## 138.1. The administrative director shall be appointed by the Governor with the advice and consent of the Senate and shall hold office at the pleasure of the Governor. He or she 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. 2011, Ch. 559, Sec. 9. (AB 1426) Effective October 7, 2011.)
  161. 138.2.

    ## 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 administrative director must keep the Division of Workers’ Compensation based in a centrally located city, provide office facilities for the division and appeals board, keep meetings open to the public, and give meeting notice in newspapers and to people who request written notice.

    ## 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. ) ## 138.2. (a) The headquarters of the Division of Workers’ Compensation shall be based at and operated from a centrally located city. The administrative director shall have an office in that city with suitable rooms, necessary office furniture, stationery, and supplies, and may rent quarters in other places for the purpose of establishing branch or service offices, and for that purpose may provide those offices with necessary furniture, stationery, and supplies. (b) The administrative director shall provide suitable rooms, with necessary office furniture, stationery, and supplies, for the appeals board at the centrally located city in which the board shall be based and from which it shall operate, and may rent quarters in other places for the purpose of establishing branch or service offices for the appeals board, and for that purpose may provide those offices with necessary furniture, stationery, and supplies. (c) All meetings held by the administrative director shall be open and public. Notice thereof shall be published in papers of general circulation not more than 30 days and not less than 10 days prior to each meeting in Sacramento, San Francisco, Fresno, Los Angeles, and San Diego. Written notice of all meetings shall be given to all persons who request, in writing directed to the administrative director, that they be given notice. (Amended by Stats. 2011, Ch. 559, Sec. 10. (AB 1426) Effective October 7, 2011.)
  162. 138.3.

    ## 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 administrative director must prescribe rules requiring employers to notify injured employees that they may be entitled to benefits under this division.

    ## 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. ) ## 138.3. The administrative director shall, with respect to all injuries, prescribe, pursuant to Section 5402, reasonable rules and regulations requiring the employer to serve notice on the injured employee that he may be entitled to benefits under this division. (Added by Stats. 1975, Ch. 1099.)
  163. 138.4.

    ## 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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    This section defines “claims administrator” and requires claims administrators to send claim forms and benefit-eligibility notices to employees in certain injury cases. It also requires the administrative director to issue rules, create plain-language informational materials, and adopt a regulation about notice of outside medical treatment after claim denial.

    ## 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. ) ## 138.4. (a) For the purpose of this section, “claims administrator” means a self-administered workers’ compensation insurer; or a self-administered self-insured employer; or a self-administered legally uninsured employer; or a self-administered joint powers authority; or a third-party claims administrator for an insurer, a self-insured employer, a legally uninsured employer, or a joint powers authority. (b) With respect to injuries resulting in lost time beyond the employee’s work shift at the time of injury or medical treatment beyond first aid: (1) If the claims administrator obtains knowledge that the employer has not provided a claim form or a notice of potential eligibility for benefits to the employee, it shall provide the form and notice to the employee within three working days of its knowledge that the form or notice was not provided. (2) If the claims administrator cannot determine if the employer has provided a claim form and notice of potential eligibility for benefits to the employee, the claims administrator shall provide the form and notice to the employee within 30 days of the administrator’s date of knowledge of the claim. (c) The administrative director, in consultation with the Commission on Health and Safety and Workers’ Compensation, shall prescribe reasonable rules and regulations, including notice of the right to consult with an attorney, where appropriate, for serving on the employee (or employee’s dependents, in the case of death), the following: (1) Notices dealing with the payment, nonpayment, or delay in payment of temporary disability, permanent disability, supplemental job displacement, and death benefits. (2) Notices of any change in the amount or type of benefits being provided, the termination of benefits, the rejection of any liability for compensation, and an accounting of benefits paid. (3) Notices of rights to select the primary treating physician, written continuity of care policies, requests for a comprehensive medical evaluation, and offers of regular, modified, or alternative work. (d) The administrative director, in consultation with the Commission on Health and Safety and Workers’ Compensation, shall develop, make fully accessible on the department’s Internet Web site, and make available at district offices informational material written in plain language that describes the overall workers’ compensation claims process, including the rights and obligations of employees and employers at every stage of a claim when a notice is required. (e) Each notice prescribed by the administrative director shall be written in plain language, shall reference the informational material described in subdivision (d) to enable employees to understand the context of the notices, and shall clearly state the Internet Web site address and contact information that an employee may use to access the informational material. (f) On or before January 1, 2018, the administrative director shall adopt regulations to provide employees with notice that they may access medical treatment outside of the workers’ compensation system following the denial of their claim. (Amended by Stats. 2016, Ch. 868, Sec. 1. (SB 1160) Effective January 1, 2017.)
  164. 138.5.

    ## 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. )

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    The Division of Workers’ Compensation must help enforce child support obligations, and the administrative director must provide certain disability-benefit or claim-application information to child support services when requested and when the information is needed for those duties.

    ## 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. ) ## 138.5. The Division of Workers’ Compensation shall cooperate in the enforcement of child support obligations. At the request of the Department of Child Support Services, the administrative director shall assist in providing to the State Department of Child Support Services information concerning persons who are receiving permanent disability benefits or who have filed an application for adjudication of a claim which the Department of Child Support Services determines is necessary to carry out its responsibilities pursuant to Section 17510 of the Family Code. The process of sharing information with regard to applicants for and recipients of permanent disability benefits required by this section shall be known as the Workers’ Compensation Notification Project. (Amended by Stats. 2000, Ch. 808, Sec. 110. Effective September 28, 2000.)
  165. 138.6.

    ## 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 administrative director must create and administer a workers’ compensation information system, adopt data-reporting regulations, and assess penalties for violations.

    ## 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. ) ## 138.6. (a) The administrative director, in consultation with the Insurance Commissioner and the Workers’ Compensation Insurance Rating Bureau, shall develop a cost-efficient workers’ compensation information system, which shall be administered by the division. The administrative director shall adopt regulations specifying the data elements to be collected by electronic data interchange. (b) The information system shall do the following: (1) Assist the department to manage the workers’ compensation system in an effective and efficient manner. (2) Facilitate the evaluation of the efficiency and effectiveness of the delivery system. (3) Assist in measuring how adequately the system indemnifies injured workers and their dependents. (4) Provide statistical data for research into specific aspects of the workers’ compensation program. (c) The data collected electronically shall be compatible with the Electronic Data Interchange System of the International Association of Industrial Accident Boards and Commissions. The administrative director may adopt regulations authorizing the use of other nationally recognized data transmission formats in addition to those set forth in the Electronic Data Interchange System for the transmission of data required pursuant to this section. The administrative director shall accept data transmissions in any authorized format. If the administrative director determines that any authorized data transmission format is not in general use by claims administrators, conflicts with the requirements of state or federal law, or is obsolete, the administrative director may adopt regulations eliminating that data transmission format from those authorized pursuant to this subdivision. (d) (1) The administrative director shall assess an administrative penalty against a claims administrator for a violation of data reporting requirements adopted pursuant to this section. The administrative director shall promulgate a schedule of penalties providing for an assessment of no more than ten thousand dollars ($10,000) against a claims administrator in any single year, calculated as follows: (A) No more than one hundred dollars ($100) multiplied by the number of violations in that year that resulted in a required data report not being submitted or not being accepted. (B) No more than fifty dollars ($50) multiplied by the number of violations in that year that resulted in a required report being late or accepted with an error. (C) Multiple errors in a single report shall be counted as a single violation. (D) No penalty shall be assessed pursuant to Section 129.5 for any violation of data reporting requirements for which a penalty has been or may be assessed pursuant to this section. (2) The schedule promulgated by the administrative director pursuant to paragraph (1) shall establish threshold rates of violations that shall be excluded from the calculation of the assessment, as follows: (A) The threshold rate for reports that are not submitted or are submitted but not accepted shall not be less than 3 percent of the number of reports that are required to be filed by or on behalf of the claims administrator. (B) The threshold rate for reports that are accepted with an error shall not be less than 3 percent of the number of reports that are accepted with an error. (C) The administrative director shall set higher threshold rates as appropriate in recognition of the fact that the data necessary for timely and accurate reporting may not be always available to a claims administrator or the claims administrator’s agents. (D) The administrative director may establish higher thresholds for particular data elements that commonly are not reasonably available. (3) The administrative director may estimate the number of required data reports that are not submitted by comparing a statistically valid sample of data available to the administrative director from other sources with the data reported pursuant to this section. (4) All penalties assessed pursuant to this section shall be deposited in the Workers’ Compensation Administration Revolving Fund. (5) The administrative director shall publish an annual report disclosing the compliance rates of claims administrators and post the report and a list of claims administrators who are in violation of the data reporting requirements on the Internet Web site of the Division of Workers’ Compensation. (Amended by Stats. 2016, Ch. 868, Sec. 2. (SB 1160) Effective January 1, 2017.)
  166. 138.7.

    ## 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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    This section generally prohibits non-parties from obtaining workers’ compensation claim information, but allows specified government uses, research access, and limited disclosures under listed conditions.

    ## 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. ) ## 138.7. (a) Except as expressly permitted in subdivision (b), a person or public or private entity not a party to a claim for workers’ compensation benefits shall not obtain individually identifiable information obtained or maintained by the division regarding that claim. For purposes of this section, “individually identifiable information” means any data concerning an injury or claim that is linked to a uniquely identifiable employee, employer, claims administrator, or any other person or entity. (b) (1) (A) The administrative director, or a statistical agent designated by the administrative director, may use individually identifiable information for purposes of creating and maintaining the workers’ compensation information system as specified in Section 138.6. (B) The administrative director may publish the identity of claims administrators in the annual report disclosing the compliance rates of claims administrators pursuant to subdivision (d) of Section 138.6. (C) The administrative director shall use individually identifiable information for purposes of creating provider medical utilization data as specified in Section 138.8. (2) (A) The State Department of Public Health may use individually identifiable information for purposes of establishing and maintaining a program on occupational health and occupational disease prevention as specified in Section 105175 of the Health and Safety Code. (B) (i) The State Department of Health Care Services may use individually identifiable information for purposes of seeking recovery of Medi-Cal costs incurred by the state for treatment provided to injured workers that should have been incurred by employers and insurance carriers pursuant to Article 3.5 (commencing with Section 14124.70) of Chapter 7 of Part 3 of Division 9 of the Welfare and Institutions Code. (ii) The Department of Industrial Relations shall furnish individually identifiable information to the State Department of Health Care Services, and the State Department of Health Care Services may furnish the information to its designated agent, provided that the individually identifiable information shall not be disclosed for use other than the purposes described in clause (i). The administrative director may adopt regulations solely for the purpose of governing access by the State Department of Health Care Services or its designated agents to the individually identifiable information as defined in subdivision (a). (3) (A) Individually identifiable information may be used by the Division of Workers’ Compensation, the Division of Labor Standards and Enforcement, and the Division of Occupational Safety and Health as necessary to carry out their duties. The administrative director shall adopt regulations governing the access to the information described in this subdivision by these divisions. Any regulations adopted pursuant to this subdivision shall set forth the specific uses for which this information may be obtained. (B) Individually identifiable information maintained in the workers’ compensation information system and the Division of Workers’ Compensation may be used by researchers employed by or under contract to the Commission on Health and Safety and Workers’ Compensation as necessary to carry out the commission’s research. The administrative director shall adopt regulations governing the access to the information described in this subdivision by commission researchers. These regulations shall set forth the specific uses for which this information may be obtained and include provisions guaranteeing the confidentiality of individually identifiable information. Individually identifiable information obtained under this subdivision shall not be disclosed to commission members. Individually identifiable information obtained by researchers under contract to the commission pursuant to this subparagraph may not be disclosed to any other person or entity, public or private, for a use other than that research project for which the information was obtained. Within a reasonable period of time after the research for which the information was obtained has been completed, the data collected shall be modified in a manner so that the subjects cannot be identified, directly or through identifiers linked to the subjects. (C) Individually identifiable information may be used by the Office of Self-Insurance Plans of the Department of Industrial Relations as necessary to carry out its duties, including evaluating the costs of administration, workers’ compensation benefit expenditures, and solvency and performance of the public self-insured employers’ workers’ compensation programs. (4) The administrative director shall adopt regulations allowing reasonable access to individually identifiable information by other persons or public or private entities for the purpose of bona fide statistical research. This research shall not divulge individually identifiable information concerning a particular employee, employer, claims administrator, or any other person or entity. The regulations adopted pursuant to this paragraph shall include provisions guaranteeing the confidentiality of individually identifiable information. Within a reasonable period of time after the research for which the information was obtained has been completed, the data collected shall be modified in a manner so that the subjects cannot be identified, directly or through identifiers linked to the subjects. (5) (A) This section does not exempt from disclosure any information that is considered to be a public record pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) contained in an individual’s file once an application for adjudication has been filed pursuant to Section 5501.5. (B) Individually identifiable information shall not be provided to any person or public or private entity who is not a party to the claim unless that person self-identifies or that public or private entity identifies itself and states the reason for making the request. The administrative director may require the person or public or private entity making the request to produce information to verify that the name and address of the requester is valid and correct. If the purpose of the request is related to preemployment screening, the administrative director shall notify the person about whom the information is requested that the information was provided and shall include the following in 12-point type: “IT MAY BE A VIOLATION OF FEDERAL AND STATE LAW TO DISCRIMINATE AGAINST A JOB APPLICANT BECAUSE THE APPLICANT HAS FILED A CLAIM FOR WORKERS’ COMPENSATION BENEFITS.” (C) Any residence address is confidential and shall not be disclosed to any person or public or private entity except to a party to the claim, a law enforcement agency, an office of a district attorney, any person for a journalistic purpose, or other governmental agency. (D) This paragraph does not prohibit the use of individually identifiable information for purposes of identifying bona fide lien claimants. (c) Except as provided in subdivision (b), individually identifiable information obtained by the division is privileged and is not subject to subpoena in a civil proceeding unless, after reasonable notice to the division and a hearing, a court determines that the public interest and the intent of this section will not be jeopardized by disclosure of the information. This section does not restrict access to information by any law enforcement agency or district attorney’s office nor limit admissibility of that information in a criminal proceeding. (d) It is unlawful for any person who has received individually identifiable information from the division pursuant to this section to provide that information to any person who is not entitled to it under this section. (Amended by Stats. 2022, Ch. 28, Sec. 120. (SB 1380) Effective January 1, 2023.)
  167. 138.8.

    ## 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 administrative director must publish provider utilization data on the division’s website each year, starting by January 1, 2024, for certain physicians; the director may withhold data to protect patient privacy.

    ## 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. ) ## 138.8. (a) On or before January 1, 2024, and annually thereafter, the administrative director shall publish on the division’s internet website provider utilization data, as reported to the Division of Workers’ Compensation, for physicians who treated 10 or more injured workers during the 12 months before July 1 of the previous year. The provider utilization data shall include all of the following: (1) The physician’s first and last name. (2) The physician’s specialty. (3) The physician’s National Provider Identifier. (4) The number of injured workers treated by the physician. (5) The International Statistical Classification of Diseases and Related Health Problems, 10th revision (ICD-10) codes by both diagnosis and procedure. (6) A short description of the ICD-10 codes used by the physician. (7) The number of utilization review decisions that resulted in a modification or denial of a request for authorization of medical treatment based upon a determination of medical necessity. (8) The number of independent medical review decisions issued in response to an appeal of a utilization review decision that resulted in a modification or denial based upon medical necessity and the number of independent medical review decisions that resulted in the utilization review modification or denial being overturned. (9) Any additional data as determined by the administrative director. (b) For purposes of this section, “physician” has the same meaning as set forth in Section 3209.3. (c) The administrative director may withhold data contained in subdivision (a) if deemed necessary to protect patient privacy. (Added by Stats. 2019, Ch. 647, Sec. 3. (SB 537) Effective January 1, 2020.)
  168. 139.2.

    ## 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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    This section sets rules for appointing, reappointing, reviewing, and disciplining qualified medical evaluators, and gives employees certain rights when a panel is requested.

    ## 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. ) ## 139.2. (a) The administrative director shall appoint qualified medical evaluators in each of the respective specialties as required for the evaluation of medical-legal issues. The appointments shall be for two-year terms. (b) The administrative director shall appoint or reappoint as a qualified medical evaluator a physician, as defined in Section 3209.3, who is licensed to practice in this state and who demonstrates that he or she meets the requirements in paragraphs (1), (2), (6), and (7), and, if the physician is a medical doctor, doctor of osteopathy, doctor of chiropractic, or a psychologist, that he or she also meets the applicable requirements in paragraph (3), (4), or (5). (1) Prior to his or her appointment as a qualified medical evaluator, passes an examination written and administered by the administrative director for the purpose of demonstrating competence in evaluating medical-legal issues in the workers’ compensation system. Physicians shall not be required to pass an additional examination as a condition of reappointment. A physician seeking appointment as a qualified medical evaluator on or after January 1, 2001, shall also complete prior to appointment, a course on disability evaluation report writing approved by the administrative director. The administrative director shall specify the curriculum to be covered by disability evaluation report writing courses, which shall include, but is not limited to, 12 or more hours of instruction. (2) Devotes at least one-third of total practice time to providing direct medical treatment, or has served as an agreed medical evaluator on eight or more occasions in the 12 months prior to applying to be appointed as a qualified medical evaluator. (3) Is a medical doctor or doctor of osteopathy and meets one of the following requirements: (A) Is board certified in a specialty by a board recognized by the administrative director and either the Medical Board of California or the Osteopathic Medical Board of California. (B) Has successfully completed a residency training program accredited by the Accreditation Council for Graduate Medical Education or the osteopathic equivalent. (C) Was an active qualified medical evaluator on June 30, 2000. (D) Has qualifications that the administrative director and either the Medical Board of California or the Osteopathic Medical Board of California, as appropriate, both deem to be equivalent to board certification in a specialty. (4) Is a doctor of chiropractic and has been certified in California workers’ compensation evaluation by a provider recognized by the administrative director. The certification program shall include instruction on disability evaluation report writing that meets the standards set forth in paragraph (1). (5) Is a psychologist and meets one of the following requirements: (A) Is board certified in clinical psychology by a board recognized by the administrative director. (B) Holds a doctoral degree in psychology, or a doctoral degree deemed equivalent for licensure by the Board of Psychology pursuant to Section 2914 of the Business and Professions Code, from a university or professional school recognized by the administrative director and has not less than five years’ postdoctoral experience in the diagnosis and treatment of emotional and mental disorders. (C) Has not less than five years’ postdoctoral experience in the diagnosis and treatment of emotional and mental disorders, and has served as an agreed medical evaluator on eight or more occasions prior to January 1, 1990. (6) Does not have a conflict of interest as determined under the regulations adopted by the administrative director pursuant to subdivision (o). (7) Meets any additional medical or professional standards adopted pursuant to paragraph (6) of subdivision (j). (c) The administrative director shall adopt standards for appointment of physicians who are retired or who hold teaching positions who are exceptionally well qualified to serve as a qualified medical evaluator even though they do not otherwise qualify under paragraph (2) of subdivision (b). A physician whose full-time practice is limited to the forensic evaluation of disability shall not be appointed as a qualified medical evaluator under this subdivision. (d) The qualified medical evaluator, upon request, shall be reappointed if he or she meets the qualifications of subdivision (b) and meets all of the following criteria: (1) Is in compliance with all applicable regulations and evaluation guidelines adopted by the administrative director. (2) Has not had more than five of his or her evaluations that were considered by a workers’ compensation administrative law judge at a contested hearing rejected by the workers’ compensation administrative law judge or the appeals board pursuant to this section during the most recent two-year period during which the physician served as a qualified medical evaluator. If the workers’ compensation administrative law judge or the appeals board rejects the qualified medical evaluator’s report on the basis that it fails to meet the minimum standards for those reports established by the administrative director or the appeals board, the workers’ compensation administrative law judge or the appeals board, as the case may be, shall make a specific finding to that effect, and shall give notice to the medical evaluator and to the administrative director. Any rejection shall not be counted as one of the five qualifying rejections until the specific finding has become final and time for appeal has expired. (3) Has completed within the previous 24 months at least 12 hours of continuing education in impairment evaluation or workers’ compensation-related medical dispute evaluation approved by the administrative director. (4) Has not been terminated, suspended, placed on probation, or otherwise disciplined by the administrative director during his or her most recent term as a qualified medical evaluator. If the evaluator does not meet any one of these criteria, the administrative director may, in his or her discretion, reappoint or deny reappointment according to regulations adopted by the administrative director. A physician who does not currently meet the requirements for initial appointment or who has been terminated under subdivision (e) because his or her license has been revoked or terminated by the licensing authority shall not be reappointed. (e) The administrative director may, in his or her discretion, suspend or terminate a qualified medical evaluator during his or her term of appointment without a hearing as provided under subdivision (k) or (l) whenever either of the following conditions occurs: (1) The evaluator’s license to practice in California has been suspended by the relevant licensing authority so as to preclude practice, or has been revoked or terminated by the licensing authority. (2) The evaluator has failed to timely pay the fee required by the administrative director pursuant to subdivision (n). (f) The administrative director shall furnish a physician, upon request, with a written statement of its reasons for termination of, or for denying appointment or reappointment as, a qualified medical evaluator. Upon receipt of a specific response to the statement of reasons, the administrative director shall review his or her decision not to appoint or reappoint the physician or to terminate the physician and shall notify the physician of its final decision within 60 days after receipt of the physician’s response. (g) The administrative director shall establish agreements with qualified medical evaluators to ensure the expeditious evaluation of cases assigned to them for comprehensive medical evaluations. (h) (1) When requested by an employee or employer pursuant to Section 4062.1, the medical director appointed pursuant to Section 122 shall assign three-member panels of qualified medical evaluators within five working days after receiving a request for a panel. Preference in assigning panels shall be given to cases in which the employee is not represented. If a panel is not assigned within 20 working days, the employee shall have the right to obtain a medical evaluation from any qualified medical evaluator of his or her choice within a reasonable geographic area. The medical director shall use a random selection method for assigning panels of qualified medical evaluators. The medical director shall select evaluators who are specialists of the type requested by the employee. The medical director shall advise the employee that he or she should consult with his or her treating physician prior to deciding which type of specialist to request. (2) The administrative director shall promulgate a form that shall notify the employee of the physicians selected for his or her panel after a request has been made pursuant to Section 4062.1 or 4062.2. The form shall include, for each physician on the panel, the physician’s name, address, telephone number, specialty, number of years in practice, and a brief description of his or her education and training, and shall advise the employee that he or she is entitled to receive transportation expenses and temporary disability for each day necessary for the examination. The form shall also state in a clear and conspicuous location and type: “You have the right to consult with an information and assistance officer at no cost to you prior to selecting the doctor to prepare your evaluation, or you may consult with an attorney. If your claim eventually goes to court, the workers’ compensation administrative law judge will consider the evaluation prepared by the doctor you select to decide your claim.” (3) When compiling the list of evaluators from which to select randomly, the medical director shall include all qualified medical evaluators who meet all of the following criteria: (A) He or she does not have a conflict of interest in the case, as defined by regulations adopted pursuant to subdivision (o). (B) He or she is certified by the administrative director to evaluate in an appropriate specialty and at locations within the general geographic area of the employee’s residence. An evaluator shall not conduct qualified medical evaluations at more than 10 locations. (C) He or she has not been suspended or terminated as a qualified medical evaluator for failure to pay the fee required by the administrative director pursuant to subdivision (n) or for any other reason. (4) When the medical director determines that an employee has requested an evaluation by a type of specialist that is appropriate for the employee’s injury, but there are not enough qualified medical evaluators of that type within the general geographic area of the employee’s residence to establish a three-member panel, the medical director shall include sufficient qualified medical evaluators from other geographic areas and the employer shall pay all necessary travel costs incurred in the event the employee selects an evaluator from another geographic area. (i) The medical director appointed pursuant to Section 122 shall continuously review the quality of comprehensive medical evaluations and reports prepared by agreed and qualified medical evaluators and the timeliness with which evaluation reports are prepared and submitted. The review shall include, but not be limited to, a review of a random sample of reports submitted to the division, and a review of all reports alleged to be inaccurate or incomplete by a party to a case for which the evaluation was prepared. The medical director shall submit to the administrative director an annual report summarizing the results of the continuous review of medical evaluations and reports prepared by agreed and qualified medical evaluators and make recommendations for the improvement of the system of medical evaluations and determinations. (j) After public hearing pursuant to Section 5307.3, the administrative director shall adopt regulations concerning the following issues: (1) (A) Standards governing the timeframes within which medical evaluations shall be prepared and submitted by agreed and qualified medical evaluators. Except as provided in this subdivision, the timeframe for initial medical evaluations to be prepared and submitted shall be no more than 30 days after the evaluator has seen the employee or otherwise commenced the medical evaluation procedure. The administrative director shall develop regulations governing the provision of extensions of the 30-day period in both of the following cases: (i) When the evaluator has not received test results or consulting physician’s evaluations in time to meet the 30-day deadline. (ii) To extend the 30-day period by not more than 15 days when the failure to meet the 30-day deadline was for good cause. (B) For purposes of subparagraph (A), “good cause” means any of the following: (i) Medical emergencies of the evaluator or evaluator’s family. (ii) Death in the evaluator’s family. (iii) Natural disasters or other community catastrophes that interrupt the operation of the evaluator’s business. (C) The administrative director shall develop timeframes governing availability of qualified medical evaluators for unrepresented employees under Section 4062.1. These timeframes shall give the employee the right to the addition of a new evaluator to his or her panel, selected at random, for each evaluator not available to see the employee within a specified period of time, but shall also permit the employee to waive this right for a specified period of time thereafter. (2) Procedures to be followed by all physicians in evaluating the existence and extent of permanent impairment and limitations resulting from an injury in a manner consistent with Sections 4660 and 4660.1. (3) Procedures governing the determination of any disputed medical treatment issues in a manner consistent with Section 5307.27. (4) Procedures to be used in determining the compensability of psychiatric injury. The procedures shall be in accordance with Section 3208.3 and shall require that the diagnosis of a mental disorder be expressed using the terminology and criteria of the American Psychiatric Association’s Diagnostic and Statistical Manual of Mental Disorders, Third Edition-Revised, or the terminology and diagnostic criteria of other psychiatric diagnostic manuals generally approved and accepted nationally by practitioners in the field of psychiatric medicine. (5) Guidelines for the range of time normally required to perform the following: (A) A medical-legal evaluation that has not been defined and valued pursuant to Section 5307.6. The guidelines shall establish minimum times for patient contact in the conduct of the evaluations, and shall be consistent with regulations adopted pursuant to Section 5307.6. (B) Any treatment procedures that have not been defined and valued pursuant to Section 5307.1. (C) Any other evaluation procedure requested by the Insurance Commissioner, or deemed appropriate by the administrative director. (6) Any additional medical or professional standards that a medical evaluator shall meet as a condition of appointment, reappointment, or maintenance in the status of a medical evaluator. (k) Except as provided in this subdivision, the administrative director may, in his or her discretion, suspend or terminate the privilege of a physician to serve as a qualified medical evaluator if the administrative director, after hearing pursuant to subdivision (l), determines, based on substantial evidence, that a qualified medical evaluator: (1) Has violated any material statutory or administrative duty. (2) Has failed to follow the medical procedures or qualifications established pursuant to paragraph (2), (3), (4), or (5) of subdivision (j). (3) Has failed to comply with the timeframe standards established pursuant to subdivision (j). (4) Has failed to meet the requirements of subdivision (b) or (c). (5) Has prepared medical-legal evaluations that fail to meet the minimum standards for those reports established by the administrative director or the appeals board. (6) Has made material misrepresentations or false statements in an application for appointment or reappointment as a qualified medical evaluator. A hearing shall not be required prior to the suspension or termination of a physician’s privilege to serve as a qualified medical evaluator when the physician has done either of the following: (A) Failed to timely pay the fee required pursuant to subdivision (n). (B) Had his or her license to practice in California suspended by the relevant licensing authority so as to preclude practice, or had the license revoked or terminated by the licensing authority. (l) The administrative director shall cite the qualified medical evaluator for a violation listed in subdivision (k) and shall set a hearing on the alleged violation within 30 days of service of the citation on the qualified medical evaluator. In addition to the authority to terminate or suspend the qualified medical evaluator upon finding a violation listed in subdivision (k), the administrative director may, in his or her discretion, place a qualified medical evaluator on probation subject to appropriate conditions, including ordering continuing education or training. The administrative director shall report to the appropriate licensing board the name of any qualified medical evaluator who is disciplined pursuant to this subdivision. (m) The administrative director shall terminate from the list of medical evaluators any physician where licensure has been terminated by the relevant licensing board, or who has been convicted of a misdemeanor or felony related to the conduct of his or her medical practice, or of a crime of moral turpitude. The administrative director shall suspend or terminate as a medical evaluator any physician who has been suspended or placed on probation by the relevant licensing board. If a physician is suspended or terminated as a qualified medical evaluator under this subdivision, a report prepared by the physician that is not complete, signed, and furnished to one or more of the parties prior to the date of conviction or action of the licensing board, whichever is earlier, shall not be admissible in any proceeding before the appeals board nor shall there be any liability for payment for the report and any expense incurred by the physician in connection with the report. (n) A qualified medical evaluator shall pay a fee, as determined by the administrative director, for appointment or reappointment. These fees shall be based on a sliding scale as established by the administrative director. All revenues from fees paid under this subdivision shall be deposited into the Workers’ Compensation Administration Revolving Fund and are available for expenditure upon appropriation by the Legislature, and shall not be used by any other department or agency or for any purpose other than administration of the programs of the Division of Workers’ Compensation related to the provision of medical treatment to injured employees. (o) An evaluator shall not request or accept any compensation or other thing of value from any source that does or could create a conflict with his or her duties as an evaluator under this code. The administrative director, after consultation with the Commission on Health and Safety and Workers’ Compensation, shall adopt regulations to implement this subdivision. (Amended by Stats. 2016, Ch. 86, Sec. 214. (SB 1171) Effective January 1, 2017.)
  169. 139.21.

    ## 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 administrative director must suspend certain physicians, practitioners, or providers from the workers’ compensation system when listed disqualifying conditions are met, and must follow notice-and-hearing procedures.

    ## 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. ) ## 139.21. (a) (1) The administrative director shall promptly suspend, pursuant to subdivision (b), any physician, practitioner, or provider from participating in the workers’ compensation system as a physician, practitioner, or provider if the individual or entity meets any of the following criteria: (A) The individual or entity has been convicted of any felony or misdemeanor and that crime comes within any of the following descriptions: (i) It involves fraud or abuse of the federal Medicare or Medicaid programs, the Medi-Cal program, or the workers’ compensation system, or fraud or abuse of any patient. (ii) It relates to the conduct of the individual’s medical practice as it pertains to patient care. (iii) It is a financial crime that relates to the federal Medicare or Medicaid programs, the Medi-Cal program, or the workers’ compensation system. (iv) It is otherwise substantially related to the qualifications, functions, or duties of a provider of services. (B) The individual or entity has been suspended, due to fraud or abuse, from the federal Medicare or Medicaid programs or the Medi-Cal program. (C) The individual’s license, certificate, or approval to provide health care has been surrendered or revoked. (D) The entity is controlled by an individual who has been convicted of a felony or misdemeanor described in subparagraph (A). (E) The changes made to clauses (i) and (iii) of subparagraph (A) and subparagraph (B) during the 2017–18 Regular Session of the Legislature do not constitute a change in, but are declaratory of, the existing law. (2) The administrative director shall exercise due diligence to identify physicians, practitioners, or providers who have been suspended pursuant to subparagraph (B) of paragraph (1) by accessing the quarterly updates to the list of suspended and ineligible providers maintained by the State Department of Health Care Services for the Medi-Cal program at https://files.medi-cal.ca.gov/pubsdoco/SandILanding.asp. (3) For purposes of this section and Section 4615, an entity is controlled by an individual if the individual is an officer or a director of the entity, or a shareholder with a 10 percent or greater interest in the entity. (4) For purposes of this section and Section 4615, an individual or entity is considered to have been convicted of a crime if any of the following applies: (A) A judgment of conviction has been entered by a federal, state, or local court, regardless of whether there is an appeal pending or whether the judgment of conviction or other record relating to criminal conduct has been expunged. (B) There has been a verdict or finding of guilt by a federal, state, or local court. (C) A plea of guilty has been accepted by a federal, state, or local court. (5) Notwithstanding the initiation or completion of a prior suspension pursuant to this section, the administrative director may amend an existing notice of suspension or commence a subsequent suspension proceeding based upon new or additional grounds for suspending the physician, practitioner, or provider pursuant to paragraph (1). (6) The administrative director may adopt regulations specifying any exemptions that shall not serve as the basis for exclusion under paragraph (1). (b) (1) The administrative director shall adopt regulations for suspending a physician, practitioner, or provider from participating in the workers’ compensation system, subject to the notice and hearing requirements in paragraph (2). (2) The administrative director shall furnish to the physician, practitioner, or provider written notice of the right to a hearing regarding the suspension and the procedure to follow to request a hearing. The notice shall state that the administrative director is required to suspend the physician, practitioner, or provider pursuant to subdivision (a) after 30 days from the date the notice is mailed unless the physician, practitioner, or provider requests a hearing and, in that hearing, the physician, practitioner, or provider provides proof that paragraph (1) of subdivision (a) is not applicable. The physician, practitioner, or provider may request a hearing within 10 days from the date the notice is sent by the administrative director. The request for the hearing shall stay the suspension. The hearing shall be held within 30 days of the receipt of the request. Upon the completion of the hearing, if the administrative director finds that paragraph (1) of subdivision (a) is applicable, the administrative director shall immediately suspend the physician, practitioner, or provider. (3) The administrative director shall have power and jurisdiction to do all things necessary or convenient to conduct the hearings provided for in paragraph (2). The hearings and investigations may be conducted by any designated hearing officer appointed by the administrative director. Any authorized person conducting that hearing or investigation may administer oaths, subpoena and require the attendance of witnesses and the production of books or papers, and cause the depositions of witnesses residing within or without the state to be taken in the manner prescribed by law for like depositions in civil cases in the superior court of this state under Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure. (c) The administrative director shall promptly notify the physician’s, practitioner’s, or provider’s state licensing, certifying, or registering authority of a suspension imposed pursuant to this section and shall update the division’s qualified medical evaluator and medical provider network databases, as appropriate. (d) Upon suspension of a physician, practitioner, or provider pursuant to this section, the administrative director shall give notice of the suspension to the chief judge of the division, and the chief judge or his or her designee shall promptly thereafter provide written notification of the suspension to district offices and all workers’ compensation judges. The method of notification to all district offices and to all workers’ compensation judges shall be in a manner determined by the chief judge in his or her discretion. The administrative director shall also post notification of the suspension on the department’s Internet Web site. (e) The following procedures apply for the adjudication of any liens of a physician, practitioner, or provider suspended pursuant to subparagraph (A) or (D) of paragraph (1) of subdivision (a), including any liens filed by or on behalf of the physician, practitioner, or provider or any entity controlled by the suspended physician, practitioner, or provider: (1) If the disposition of the criminal proceeding provides for or requires, whether by plea agreement or by judgment, dismissal of liens and forfeiture of sums claimed therein, as specified in the criminal disposition, all of those liens shall be deemed dismissed with prejudice by operation of law as of the effective date of the final disposition in the criminal proceeding, and orders notifying of those dismissals shall be entered by workers’ compensation judges. (2) All liens that have not been dismissed in accordance with paragraph (1) and remain pending in any workers’ compensation case in any district office within the state shall be consolidated and adjudicated in a special lien proceeding as described in subdivisions (f) to (i), inclusive. (f) After notice of suspension, pursuant to subdivision (d), and if subdivision (e) applies, the administrative director shall appoint a special lien proceeding attorney, who shall be an attorney employed by the division or by the department. The special lien proceeding attorney shall, based on the information that is available, identify liens subject to disposition pursuant to subdivision (e), and workers’ compensation cases in which those liens are pending, and shall notify the chief judge regarding those liens. Based on this information, the chief judge or his or her designee shall identify a district office for a consolidated special lien proceeding to adjudicate those liens, and shall appoint a workers’ compensation judge to preside over that proceeding. (g) It shall be a presumption affecting the burden of proof that all liens to be adjudicated in the special lien proceeding, and all underlying bills for service and claims for compensation asserted therein, arise from the conduct subjecting the physician, practitioner, or provider to suspension, and that payment is not due and should not be made on those liens because they arise from, or are connected to, criminal, fraudulent, or abusive conduct or activity. A lien claimant shall not have the right to payment unless he or she rebuts that presumption by a preponderance of the evidence. (h) The special lien proceedings shall be governed by the same laws, regulations, and procedures that govern all other matters before the appeals board. The administrative director may adopt regulations for the implementation of this section. (i) If it is determined in a special lien proceeding that a lien does not arise from the conduct subjecting a physician, practitioner, or provider to suspension, the workers’ compensation judge shall have the discretion to adjudicate the lien or transfer the lien back to the district office having venue over the case in which the lien was filed. (j) At any time following suspension, a physician, practitioner, or provider lien claimant may elect to withdraw or to dismiss his or her lien with prejudice, which shall constitute a final disposition of the claim for compensation asserted therein. (k) The provisions of this section do not affect, amend, alter, or in any way apply to the provisions of Section 139.2. (Amended by Stats. 2017, Ch. 300, Sec. 1. (AB 1422) Effective January 1, 2018.)
  170. 139.3.

    ## 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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    Physicians generally may not refer patients for certain services or goods when they or their immediate family have a financial interest in the recipient entity, and several related referral-payment and disclosure practices are also prohibited.

    ## 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. ) ## 139.3. (a) Notwithstanding any other law, to the extent those services are paid pursuant to Division 4 (commencing with Section 3200), it is unlawful for a physician to refer a person for clinical laboratory, diagnostic nuclear medicine, radiation oncology, physical therapy, physical rehabilitation, psychometric testing, home infusion therapy, outpatient surgery, diagnostic imaging goods or services, or pharmacy goods, whether for treatment or medical-legal purposes, if the physician or his or her immediate family has a financial interest with the person or in the entity that receives the referral. (b) For purposes of this section and Section 139.31, the following shall apply: (1) “Diagnostic imaging” includes, but is not limited to, all X-ray, computed axial tomography magnetic resonance imaging, nuclear medicine, positron emission tomography, mammography, and ultrasound goods and services. (2) “Immediate family” includes the spouse and children of the physician, the parents of the physician, and the spouses of the children of the physician. (3) “Physician” means a physician as defined in Section 3209.3. (4) A “financial interest” includes, but is not limited to, any type of ownership, interest, debt, loan, lease, compensation, remuneration, discount, rebate, refund, dividend, distribution, subsidy, or other form of direct or indirect payment, whether in money or otherwise, between a licensee and a person or entity to whom the physician refers a person for a good or service specified in subdivision (a). A financial interest also exists if there is an indirect relationship between a physician and the referral recipient, including, but not limited to, an arrangement whereby a physician has an ownership interest in any entity that leases property to the referral recipient. Any financial interest transferred by a physician to, or otherwise established in, any person or entity for the purpose of avoiding the prohibition of this section shall be deemed a financial interest of the physician. (5) A “physician’s office” is either of the following: (A) An office of a physician in solo practice. (B) An office in which the services or goods are personally provided by the physician or by employees in that office, or personally by independent contractors in that office, in accordance with other provisions of law. Employees and independent contractors shall be licensed or certified when that licensure or certification is required by law. (6) The “office of a group practice” is an office or offices in which two or more physicians are legally organized as a partnership, professional corporation, or not-for-profit corporation licensed according to subdivision (a) of Section 1204 of the Health and Safety Code for which all of the following are applicable: (A) Each physician who is a member of the group provides substantially the full range of services that the physician routinely provides, including medical care, consultation, diagnosis, or treatment, through the joint use of shared office space, facilities, equipment, and personnel. (B) Substantially all of the services of the physicians who are members of the group are provided through the group and are billed in the name of the group and amounts so received are treated as receipts of the group, and except that in the case of multispecialty clinics, as defined in subdivision (l) of Section 1206 of the Health and Safety Code, physician services are billed in the name of the multispecialty clinic and amounts so received are treated as receipts of the multispecialty clinic. (C) The overhead expenses of, and the income from, the practice are distributed in accordance with methods previously determined by members of the group. (7) Outpatient surgery includes both of the following: (A) Any procedure performed on an outpatient basis in the operating rooms, ambulatory surgery rooms, endoscopy units, cardiac catheterization laboratories, or other sections of a freestanding ambulatory surgery clinic, whether or not licensed under paragraph (1) of subdivision (b) of Section 1204 of the Health and Safety Code. (B) The ambulatory surgery itself. (8) “Pharmacy goods” means any dangerous drug or dangerous device as defined by Section 4022 of the Business and Professions Code, any medical food as defined by Section 109971 of the Health and Safety Code, and any over-the-counter drug as classified by the federal Food and Drug Administration, except over-the-counter drugs sold at commercially reasonable rates in physical retail outlets commonly accessed by the public. (c) (1) It is unlawful for a licensee to enter into an arrangement or scheme, such as a cross-referral arrangement, that the licensee knows, or should know, has a principal purpose of ensuring referrals by the licensee to a particular entity that, if the licensee directly made referrals to that entity, would be in violation of this section. (2) It shall be unlawful for a physician to offer, deliver, receive, or accept any rebate, refund, commission, preference, patronage dividend, discount, or other consideration, whether in the form of money or otherwise, as compensation or inducement for a referred evaluation or consultation. (d) No claim for payment shall be presented by an entity to any individual, third-party payor, or other entity for any goods or services furnished pursuant to a referral prohibited under this section. (e) A physician who refers to or seeks consultation from an organization in which the physician has a financial interest shall disclose this interest to the patient or if the patient is a minor, to the patient’s parents or legal guardian in writing at the time of the referral. (f) No insurer, self-insurer, or other payor shall pay a charge or lien for any goods or services resulting from a referral in violation of this section. (g) A violation of subdivision (a) shall be a misdemeanor. The appropriate licensing board shall review the facts and circumstances of any conviction pursuant to subdivision (a) and take appropriate disciplinary action if the licensee has committed unprofessional conduct. Violations of this section may also be subject to civil penalties of up to five thousand dollars ($5,000) for each offense, which may be enforced by the Insurance Commissioner, Attorney General, or a district attorney. A violation of subdivision (c), (d), (e), or (f) is a public offense and is punishable upon conviction by a fine not exceeding fifteen thousand dollars ($15,000) for each violation and appropriate disciplinary action, including revocation of professional licensure, by the Medical Board of California or other appropriate governmental agency. (Amended by Stats. 2011, Ch. 545, Sec. 2. (AB 378) Effective January 1, 2012.)
  171. 139.31.

    ## 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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    This section lists situations where the Section 139.3 referral prohibition does not apply, and in some cases requires disclosure or preauthorization.

    ## 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. ) ## 139.31. The prohibition of Section 139.3 shall not apply to or restrict any of the following: (a) A physician may refer a patient for a good or service otherwise prohibited by subdivision (a) of Section 139.3 if the physician’s regular practice is where there is no alternative provider of the service within either 25 miles or 40 minutes traveling time, via the shortest route on a paved road. A physician who refers to, or seeks consultation from, an organization in which the physician has a financial interest under this subdivision shall disclose this interest to the patient or the patient’s parents or legal guardian in writing at the time of referral. (b) A physician who has one or more of the following arrangements with another physician, a person, or an entity, is not prohibited from referring a patient to the physician, person, or entity because of the arrangement: (1) A loan between a physician and the recipient of the referral, if the loan has commercially reasonable terms, bears interest at the prime rate or a higher rate that does not constitute usury, is adequately secured, and the loan terms are not affected by either party’s referral of any person or the volume of services provided by either party. (2) A lease of space or equipment between a physician and the recipient of the referral, if the lease is written, has commercially reasonable terms, has a fixed periodic rent payment, has a term of one year or more, and the lease payments are not affected by either party’s referral of any person or the volume of services provided by either party. (3) A physician’s ownership of corporate investment securities, including shares, bonds, or other debt instruments that were purchased on terms that are available to the general public through a licensed securities exchange or NASDAQ, do not base profit distributions or other transfers of value on the physician’s referral of persons to the corporation, do not have a separate class or accounting for any persons or for any physicians who may refer persons to the corporation, and are in a corporation that had, at the end of the corporation’s most recent fiscal year, total gross assets exceeding one hundred million dollars ($100,000,000). (4) A personal services arrangement between a physician or an immediate family member of the physician and the recipient of the referral if the arrangement meets all of the following requirements: (A) It is set out in writing and is signed by the parties. (B) It specifies all of the services to be provided by the physician or an immediate family member of the physician. (C) The aggregate services contracted for do not exceed those that are reasonable and necessary for the legitimate business purposes of the arrangement. (D) A written notice disclosing the existence of the personal services arrangement and including information on where a person may go to file a complaint against the licensee or the immediate family member of the licensee, is provided to the following persons at the time any services pursuant to the arrangement are first provided: (i) An injured worker who is referred by a licensee or an immediate family member of the licensee. (ii) The injured worker’s employer, if self-insured. (iii) The injured worker’s employer’s insurer, if insured. (iv) If the injured worker is known by the licensee or the recipient of the referral to be represented, the injured worker’s attorney. (E) The term of the arrangement is for at least one year. (F) The compensation to be paid over the term of the arrangement is set in advance, does not exceed fair market value, and is not determined in a manner that takes into account the volume or value of any referrals or other business generated between the parties, except that if the services provided pursuant to the arrangement include medical services provided under Division 4, compensation paid for the services shall be subject to the official medical fee schedule promulgated pursuant to Section 5307.1 or subject to any contract authorized by Section 5307.11. (G) The services to be performed under the arrangement do not involve the counseling or promotion of a business arrangement or other activity that violates any state or federal law. (c) (1) A physician may refer a person to a health facility as defined in Section 1250 of the Health and Safety Code, to any facility owned or leased by a health facility, or to an outpatient surgical center, if the recipient of the referral does not compensate the physician for the patient referral, and any equipment lease arrangement between the physician and the referral recipient complies with the requirements of paragraph (2) of subdivision (b). (2) Nothing shall preclude this subdivision from applying to a physician solely because the physician has an ownership or leasehold interest in an entire health facility or an entity that owns or leases an entire health facility. (3) A physician may refer a person to a health facility for any service classified as an emergency under subdivision (a) or (b) of Section 1317.1 of the Health and Safety Code. For nonemergency outpatient diagnostic imaging services performed with equipment for which, when new, has a commercial retail price of four hundred thousand dollars ($400,000) or more, the referring physician shall obtain a service preauthorization from the insurer, or self-insured employer. Any oral authorization shall be memorialized in writing within five business days. (d) A physician compensated or employed by a university may refer a person to any facility owned or operated by the university, or for a physician service, to another physician employed by the university, provided that the facility or university does not compensate the referring physician for the patient referral. For nonemergency diagnostic imaging services performed with equipment that, when new, has a commercial retail price of four hundred thousand dollars ($400,000) or more, the referring physician shall obtain a service preauthorization from the insurer or self-insured employer. An oral authorization shall be memorialized in writing within five business days. In the case of a facility which is totally or partially owned by an entity other than the university, but which is staffed by university physicians, those physicians may not refer patients to the facility if the facility compensates the referring physician for those referrals. (e) The prohibition of Section 139.3 shall not apply to any service for a specific patient that is performed within, or goods that are supplied by, a physician’s office, or the office of a group practice. Further, the provisions of Section 139.3 shall not alter, limit, or expand a physician’s ability to deliver, or to direct or supervise the delivery of, in-office goods or services according to the laws, rules, and regulations governing his or her scope of practice. With respect to diagnostic imaging services performed with equipment that, when new, had a commercial retail price of four hundred thousand dollars ($400,000) or more, or for physical therapy services, or for psychometric testing that exceeds the routine screening battery protocols, with a time limit of two to five hours, established by the administrative director, the referring physician obtains a service preauthorization from the insurer or self-insured employer. Any oral authorization shall be memorialized in writing within five business days. (f) The prohibition of Section 139.3 shall not apply where the physician is in a group practice as defined in Section 139.3 and refers a person for services specified in Section 139.3 to a multispecialty clinic, as defined in subdivision (l) of Section 1206 of the Health and Safety Code. For diagnostic imaging services performed with equipment that, when new, had a commercial retail price of four hundred thousand dollars ($400,000) or more, or physical therapy services, or psychometric testing that exceeds the routine screening battery protocols, with a time limit of two to five hours, established by the administrative director, performed at the multispecialty facility, the referring physician shall obtain a service preauthorization from the insurer or self-insured employer. Any oral authorization shall be memorialized in writing within five business days. (g) The requirement for preauthorization in Sections (c), (e), and (f) shall not apply to a patient for whom the physician or group accepts payment on a capitated risk basis. (h) The prohibition of Section 139.3 shall not apply to any facility when used to provide health care services to an enrollee of a health care service plan licensed pursuant to the Knox-Keene Health Care Service Plan Act of 1975 (Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code). (i) The prohibition of Section 139.3 shall not apply to an outpatient surgical center, as defined in paragraph (7) of subdivision (b) of Section 139.3, where the referring physician obtains a service preauthorization from the insurer or self-insured employer after disclosure of the financial relationship. (j) The prohibition of Section 139.3 shall not apply to a physician’s financial interest in a retailer of prescription drugs sold by a physical retail outlet commonly accessed by the public or a mail-order pharmacy serving a broad national or regional market, provided that the majority of the physician’s practice, with regard to income, time, and number of patients, does not relate to occupational medicine and the physician receives no remuneration from the retailer of prescription drugs to market or otherwise solicit occupational injury or occupational disease patients. (Amended by Stats. 2011, Ch. 545, Sec. 3. (AB 378) Effective January 1, 2012.)
  172. 139.32.

    ## 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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    Interested parties must disclose financial interests in writing when a payment claim is presented for referred services, and they are barred from certain referral and payment arrangements involving financial interests.

    ## 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. ) ## 139.32. (a) For the purpose of this section, the following definitions apply: (1) “Financial interest in another entity” means, subject to subdivision (h), either of the following: (A) Any type of ownership, interest, debt, loan, lease, compensation, remuneration, discount, rebate, refund, dividend, distribution, subsidy, or other form of direct or indirect payment, whether in money or otherwise, between the interested party and the other entity that the employee is referred for services. (B) An agreement, debt instrument, or lease or rental agreement between the interested party and the other entity that provides compensation based upon, in whole or in part, the volume or value of the services provided as a result of referrals. (2) “Interested party” means any of the following: (A) An injured employee. (B) The employer of an injured employee, and, if the employer is insured, its insurer. (C) A claims administrator, that includes, but is not limited to, a self-administered workers’ compensation insurer, a self-administered self-insured employer, a self-administered joint powers authority, a self-administered legally uninsured employer, a third-party claims administrator for an insurer, a self-insured employer, a joint powers authority, or a legally uninsured employer or a subsidiary of a claims administrator. (D) An attorney-at-law or law firm that is representing or advising an employee regarding a claim for compensation under Division 4 (commencing with Section 3200). (E) A representative or agent of an interested party, including either of the following: (i) An employee of an interested party. (ii) An individual acting on behalf of an interested party, including the immediate family of the interested party or of an employee of the interested party. For purposes of this clause, immediate family includes spouses, children, parents, and spouses of children. (F) A provider of medical services or products. (3) “Services” means, but is not limited to, the following: (A) A determination regarding an employee’s eligibility for compensation under Division 4 (commencing with Section 3200), that includes both of the following: (i) A determination of a permanent disability rating under Section 4660. (ii) An evaluation of an employee’s future earnings capacity resulting from an occupational injury or illness. (B) Services to review the itemization of medical services set forth on a medical bill submitted under Section 4603.2. (C) Copy and document reproduction services. (D) Interpreter services. (E) Medical services, including the provision of medical products such as surgical hardware or durable medical equipment. (F) Transportation services. (G) Services in connection with utilization review pursuant to Section 4610. (b) (1) All interested parties shall disclose to a third-party payer or other entity to whom a claim for payment is presented for services furnished pursuant to a referral, a financial interest in an entity providing services. (2) The disclosure pursuant to this subdivision shall be made in writing, at the time the claim for payment is presented for services furnished pursuant to a referral. (c) Except as otherwise permitted by law, it is unlawful for an interested party other than a claims administrator or a network service provider to refer a person for services provided by another entity, or to use services provided by another entity, if the other entity will be paid for those services pursuant to Division 4 (commencing with Section 3200) and the interested party has a financial interest in the other entity. (d) (1) It is unlawful for an interested party to enter into an arrangement or scheme, such as a cross-referral arrangement, that the interested party knows, or should know, has a purpose of ensuring referrals by the interested party to a particular entity that, if the interested party directly made referrals to that other entity, would be in violation of this section. (2) It is unlawful for an interested party to offer, deliver, receive, or accept any rebate, refund, commission, preference, patronage, dividend, discount, or other consideration, whether in the form of money or otherwise, as compensation or inducement to refer a person for services. (e) A claim for payment shall not be presented by an entity to any interested party, individual, third-party payer, or other entity for any services furnished pursuant to a referral prohibited under this section. (f) An insurer, self-insurer, or other payer shall not knowingly pay a charge or lien for any services resulting from a referral for services or use of services in violation of this section. (g) (1) A violation of this section shall be misdemeanor. If an interested party is a corporation, any director or officer of the corporation who knowingly concurs in a violation of this section shall be guilty of a misdemeanor. The appropriate licensing authority for any person subject to this section shall review the facts and circumstances of any conviction pursuant to this section and take appropriate disciplinary action if the licensee has committed unprofessional conduct, provided that the appropriate licensing authority may act on its own discretion independent of the initiation or completion of a criminal prosecution. Violations of this section are also subject to civil penalties of up to fifteen thousand dollars ($15,000) for each offense, which may be enforced by the Insurance Commissioner, Attorney General, or a district attorney. (2) For an interested party, a practice of violating this section shall constitute a general business practice that discharges or administers compensation obligations in a dishonest manner, which shall be subject to a civil penalty under subdivision (e) of Section 129.5. (3) For an interested party who is an attorney, a violation of subdivision (b) or (c) shall be referred to the Board of Governors of the State Bar of California, which shall review the facts and circumstances of any violation pursuant to subdivision (b) or (c) and take appropriate disciplinary action if the licensee has committed unprofessional conduct. (4) Any determination regarding an employee’s eligibility for compensation shall be void if that service was provided in violation of this section. (h) The following arrangements between an interested party and another entity do not constitute a “financial interest in another entity” for purposes of this section: (1) A loan between an interested party and another entity, if the loan has commercially reasonable terms, bears interest at the prime rate or a higher rate that does not constitute usury, and is adequately secured, and the loan terms are not affected by either the interested party’s referral of any employee or the volume of services provided by the entity that receives the referral. (2) A lease of space or equipment between an interested party and another entity, if the lease is written, has commercially reasonable terms, has a fixed periodic rent payment, has a term of one year or more, and the lease payments are not affected by either the interested party’s referral of any person or the volume of services provided by the entity that receives the referral. (3) An interested party’s ownership of the corporate investment securities of another entity, including shares, bonds, or other debt instruments that were purchased on terms that are available to the general public through a licensed securities exchange or NASDAQ. (i) The prohibitions described in this section do not apply to any of the following: (1) Services performed by, or determinations of compensation issues made by, employees of an interested party in the course of that employment. (2) A referral for legal services if that referral is not prohibited by the Rules of Professional Conduct of the State Bar. (3) A physician’s referral that is exempted by Section 139.31 from the prohibitions prescribed by Section 139.3. (j) This section does not preclude the applicability of any other law that applies or may apply to a transaction. (Amended by Stats. 2025, Ch. 640, Sec. 1. (AB 1398) Effective January 1, 2026.)
  173. 139.4.

    ## 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 administrative director can review advertising copy, require record retention, disapprove use of ads, and adopt regulations for physicians’ advertising about industrial injuries or illnesses.

    ## 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. ) ## 139.4. (a) The administrative director may review advertising copy to ensure compliance with Section 651 of the Business and Professions Code and may require qualified medical evaluators to maintain a file of all advertising copy for a period of 90 days from the date of its use. Any file so required to be maintained shall be available to the administrative director upon the administrative director’s request for review. (b) No advertising copy shall be used after its use has been disapproved by the administrative director and the qualified medical evaluator has been notified in writing of the disapproval. (c) A qualified medical evaluator who is found by the administrative director to have violated any provision of this section may be terminated, suspended, or placed on probation. (d) Proceedings to determine whether a violation of this section has occurred shall be conducted pursuant to Chapter 4 (commencing with Section 11370) of Part 1 of Division 3 of Title 2 of the Government Code. (e) The administrative director shall adopt regulations governing advertising by physicians with respect to industrial injuries or illnesses. (f) Subdivision (a) shall not be construed to alter the application of Section 651 of the Business and Professions Code. (Amended by Stats. 2003, Ch. 639, Sec. 13. Effective January 1, 2004.)
  174. 139.43.

    ## 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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    It prohibits persons or entities from advertising false, misleading, deceptive, or materially incomplete statements about services or benefits for injured workers, and directs the administrative director to adopt related regulations.

    ## 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. ) ## 139.43. (a) No person or entity shall advertise, print, display, publish, distribute, or broadcast, or cause or permit to be advertised, printed, displayed, published, distributed, or broadcast in any manner, any statement concerning services or benefits to be provided to an injured worker, that is paid for directly or indirectly by that person or entity and is false, misleading, or deceptive, or that omits material information necessary to make the statement therein not false, misleading, or deceptive. (b) As soon as reasonably possible, but not later than January 1, 1994, the administrative director shall adopt regulations governing advertising by persons or entities other than physicians and attorneys with respect to services or benefits for injured workers. In promulgating regulations pursuant to this subdivision, the administrative director shall review existing regulations, including those adopted by the State Bar, to identify those regulatory approaches that may serve as a model for regulations required by this subdivision. (c) A violation of subdivision (a) is a misdemeanor, punishable by incarceration in the county jail for not more than one year, or by a fine not exceeding ten thousand dollars ($10,000), or both. (d) This section shall not apply to physicians or attorneys. It is the intent of the Legislature to exempt physicians and attorneys from this section because the conduct regulated by this section, with respect to physicians and attorneys, is governed by other provisions of law. (Amended by Stats. 2004, Ch. 193, Sec. 138. Effective January 1, 2005.)
  175. 139.45.

    ## 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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    Officials must take special care to stop false or misleading advertisements about industrial injuries, illnesses, and workers’ compensation.

    ## 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. ) ## 139.45. (a) In promulgating regulations pursuant to Sections 139.4 and 139.43, the administrative director shall take particular care to preclude any advertisements with respect to industrial injuries or illnesses that are false or mislead the public with respect to workers’ compensation. In promulgating rules with respect to advertising, the State Bar and physician licensing boards shall also take particular care to achieve the same goal. (b) For purposes of subdivision (a), false or misleading advertisements shall include advertisements that do any of the following: (1) Contain an untrue statement. (2) Contain any matter, or present or arrange any matter in a manner or format that is false, deceptive, or that tends to confuse, deceive, or mislead. (3) Omit any fact necessary to make the statement made, in the light of the circumstances under which the statement is made, not misleading. (4) Are transmitted in any manner that involves coercion, duress, compulsion, intimidation, threats, or vexatious or harassing conduct. (5) Entice a person to respond by the offering of any consideration, including a good or service but excluding free medical evaluations or treatment, that would be provided either at no charge or for less than market value. No free medical evaluation or treatment shall be offered for the purpose of defrauding any entity. (Amended by Stats. 2003, Ch. 639, Sec. 14. Effective January 1, 2004.)
  176. 139.47.

    ## 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 Director of Industrial Relations must create and maintain a program that encourages employers to support early and sustained return to work after occupational injury 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. ) ## 139.47. The Director of Industrial Relations shall establish and maintain a program to encourage, facilitate, and educate employers to provide early and sustained return to work after occupational injury or illness. The program shall do both of the following: (a) Develop educational materials and guides, in easily understandable language in both print and electronic form, for employers, health care providers, employees, and labor unions. These materials shall address issues including, but not limited to, early return to work, assessment of functional abilities and limitations, development of appropriate work restrictions, job analysis, worksite modifications, assistive equipment and devices, and available resources. (b) Conduct training for employee and employer organizations and health care providers concerning the accommodation of injured employees and the prevention of reinjury. (Added by Stats. 2002, Ch. 6, Sec. 40. Effective January 1, 2003.)
  177. 139.48.

    ## 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 director must administer a return-to-work program that makes supplemental payments to certain workers, and the payment rules are set by regulation.

    ## 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. ) ## 139.48. (a) There is in the department a return-to-work program administered by the director, funded by one hundred twenty million dollars ($120,000,000) annually derived from non-General Funds of the Workers’ Compensation Administration Revolving Fund, for the purpose of making supplemental payments to workers whose permanent disability benefits are disproportionately low in comparison to their earnings loss. Moneys shall remain available for use by the return-to-work program without respect to the fiscal year. (b) Eligibility for payments and the amount of payments shall be determined by regulations adopted by the director, based on findings from studies conducted by the director in consultation with the Commission on Health and Safety and Workers’ Compensation. Determinations of the director shall be subject to review at the trial level of the appeals board upon the same grounds as prescribed for petitions for reconsideration. (c) This section shall apply only to injuries sustained on or after January 1, 2013. (Amended by Stats. 2013, Ch. 28, Sec. 37. (SB 71) Effective June 27, 2013.)
  178. 139.5.

    ## 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. )

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    This section requires the administrative director to contract for independent medical and bill review, and sets conflict-of-interest, reporting, credentialing, and confidentiality rules for those review organizations.

    ## 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. ) ## 139.5. (a) (1) The administrative director shall contract with one or more independent medical review organizations and one or more independent bill review organizations to conduct reviews pursuant to Article 2 (commencing with Section 4600) of Chapter 2 of Part 2 of Division 4. The independent review organizations shall be independent of any workers’ compensation insurer or workers’ compensation claims administrator doing business in this state. The administrative director may establish additional requirements, including conflict-of-interest standards, consistent with the purposes of Article 2 (commencing with Section 4600) of Chapter 2 of Part 2 of Division 4, that an organization shall be required to meet in order to qualify as an independent review organization and to assist the division in carrying out its responsibilities. (2) To enable the independent review program to go into effect for injuries occurring on or after January 1, 2013, and until the administrative director establishes contracts as otherwise specified by this section, independent review organizations under contract with the Department of Managed Health Care pursuant to Section 1374.32 of the Health and Safety Code may be designated by the administrative director to conduct reviews pursuant to Article 2 (commencing with Section 4600) of Chapter 2 of Part 2 of Division 4. The administrative director may use an interagency agreement to implement the independent review process beginning January 1, 2013. The administrative director may initially contract directly with the same organizations that are under contract with the Department of Managed Health Care on substantially the same terms without competitive bidding until January 1, 2015. (b) (1) The independent medical review organizations and the medical professionals retained to conduct reviews shall be deemed to be consultants for purposes of this section. (2) There shall be no monetary liability on the part of, and no cause of action shall arise against, any consultant on account of any communication by that consultant to the administrative director or any other officer, employee, agent, contractor, or consultant of the Division of Workers’ Compensation, or on account of any communication by that consultant to any person when that communication is required by the terms of a contract with the administrative director pursuant to this section and the consultant does all of the following: (A) Acts without malice. (B) Makes a reasonable effort to determine the facts of the matter communicated. (C) Acts with a reasonable belief that the communication is warranted by the facts actually known to the consultant after a reasonable effort to determine the facts. (3) The immunities afforded by this section shall not affect the availability of any other privilege or immunity which may be afforded by law. This section shall not be construed to alter the laws regarding the confidentiality of medical records. (c) (1) An organization contracted to perform independent medical review or independent bill review shall be required to employ a medical director who shall be responsible for advising the contractor on clinical issues. The medical director shall be a physician and surgeon licensed by the Medical Board of California or the Osteopathic Medical Board of California. (2) The independent review organization, any experts it designates to conduct a review, or any officer, director, or employee of the independent review organization shall not have any material professional, familial, or financial affiliation, as determined by the administrative director, with any of the following: (A) The employer, insurer or claims administrator, or utilization review organization. (B) Any officer, director, employee of the employer, or insurer or claims administrator. (C) A physician, the physician’s medical group, the physician’s independent practice association, or other provider involved in the medical treatment in dispute. (D) The facility or institution at which either the proposed health care service, or the alternative service, if any, recommended by the employer, would be provided. (E) The development or manufacture of the principal drug, device, procedure, or other therapy proposed by the employee whose treatment is under review, or the alternative therapy, if any, recommended by the employer. (F) The employee or the employee’s immediate family, or the employee’s attorney. (d) The independent review organizations shall meet all of the following requirements: (1) The organization shall not be an affiliate or a subsidiary of, nor in any way be owned or controlled by, a workers’ compensation insurer, claims administrator, or a trade association of workers’ compensation insurers or claims administrators. A board member, director, officer, or employee of the independent review organization shall not serve as a board member, director, or employee of a workers’ compensation insurer or claims administrator. A board member, director, or officer of a workers’ compensation insurer or claims administrator or a trade association of workers’ compensation insurers or claims administrators shall not serve as a board member, director, officer, or employee of an independent review organization. (2) The organization shall submit to the division the following information upon initial application to contract under this section and, except as otherwise provided, annually thereafter upon any change to any of the following information: (A) The names of all stockholders and owners of more than 5 percent of any stock or options, if a publicly held organization. (B) The names of all holders of bonds or notes in excess of one hundred thousand dollars ($100,000), if any. (C) The names of all corporations and organizations that the independent review organization controls or is affiliated with, and the nature and extent of any ownership or control, including the affiliated organization’s type of business. (D) The names and biographical sketches of all directors, officers, and executives of the independent review organization, as well as a statement regarding any past or present relationships the directors, officers, and executives may have with any employer, workers’ compensation insurer, claims administrator, medical provider network, managed care organization, provider group, or board or committee of an employer, workers’ compensation insurer, claims administrator, medical provider network, managed care organization, or provider group. (E) (i) The percentage of revenue the independent review organization receives from expert reviews, including, but not limited to, external medical reviews, quality assurance reviews, utilization reviews, and bill reviews. (ii) The names of any workers’ compensation insurer, claims administrator, or provider group for which the independent review organization provides review services, including, but not limited to, utilization review, bill review, quality assurance review, and external medical review. Any change in this information shall be reported to the department within five business days of the change. (F) A description of the review process, including, but not limited to, the method of selecting expert reviewers and matching the expert reviewers to specific cases. (G) A description of the system the independent medical review organization uses to identify and recruit medical professionals to review treatment and treatment recommendation decisions, the number of medical professionals credentialed, and the types of cases and areas of expertise that the medical professionals are credentialed to review. (H) A description of how the independent review organization ensures compliance with the conflict-of-interest requirements of this section. (3) The organization shall demonstrate that it has a quality assurance mechanism in place that does all of the following: (A) Ensures that any medical professionals retained are appropriately credentialed and privileged. (B) Ensures that the reviews provided by the medical professionals or bill reviewers are timely, clear, and credible, and that reviews are monitored for quality on an ongoing basis. (C) Ensures that the method of selecting medical professionals for individual cases achieves a fair and impartial panel of medical professionals who are qualified to render recommendations regarding the clinical conditions and the medical necessity of treatments or therapies in question. (D) Ensures the confidentiality of medical records and the review materials, consistent with the requirements of this section and applicable state and federal law. (E) Ensures the independence of the medical professionals or bill reviewers retained to perform the reviews through conflict-of-interest policies and prohibitions, and ensures adequate screening for conflicts of interest, pursuant to paragraph (5). (4) Medical professionals selected by independent medical review organizations to review medical treatment decisions shall be licensed physicians, as defined by Section 3209.3, in good standing, who meet the following minimum requirements: (A) The physician shall be a clinician knowledgeable in the treatment of the employee’s medical condition, knowledgeable about the proposed treatment, and familiar with guidelines and protocols in the area of treatment under review. (B) Notwithstanding any other law, the physician shall hold a nonrestricted license in any state of the United States, and for physicians and surgeons holding an M.D. or D.O. degree, a current certification by a recognized American medical specialty board in the area or areas appropriate to the condition or treatment under review. The independent medical review organization shall give preference to the use of a physician licensed in California as the reviewer. (C) The physician shall have no history of disciplinary action or sanctions, including, but not limited to, loss of staff privileges or participation restrictions, taken or pending by any hospital, government, or regulatory body. (D) Commencing January 1, 2014, the physician shall not hold an appointment as a qualified medical evaluator pursuant to Section 139.2. (5) Neither the expert reviewer, nor the independent review organization, shall have any material professional, material familial, or material financial affiliation with any of the following: (A) The employer, workers’ compensation insurer or claims administrator, or a medical provider network of the insurer or claims administrator, except that an academic medical center under contract to the insurer or claims administrator to provide services to employees may qualify as an independent medical review organization provided it will not provide the service and provided the center is not the developer or manufacturer of the proposed treatment. (B) Any officer, director, or management employee of the employer or workers’ compensation insurer or claims administrator. (C) The physician, the physician’s medical group, or the independent practice association proposing the treatment. (D) The institution at which the treatment would be provided. (E) The development or manufacture of the treatment proposed for the employee whose condition is under review. (F) The employee or the employee’s immediate family. (6) For purposes of this subdivision, the following terms shall have the following meanings: (A) “Material familial affiliation” means any relationship as a spouse, child, parent, sibling, spouse’s parent, or child’s spouse. (B) “Material financial affiliation” means any financial interest of more than 5 percent of total annual revenue or total annual income of an independent review organization or individual to which this subdivision applies. “Material financial affiliation” does not include payment by the employer to the independent review organization for the services required by the administrative director’s contract with the independent review organization, nor does “material financial affiliation” include an expert’s participation as a contracting medical provider where the expert is affiliated with an academic medical center or a National Cancer Institute-designated clinical cancer research center. (C) “Material professional affiliation” means any physician-patient relationship, any partnership or employment relationship, a shareholder or similar ownership interest in a professional corporation, or any independent contractor arrangement that constitutes a material financial affiliation with any expert or any officer or director of the independent review organization. “Material professional affiliation” does not include affiliations that are limited to staff privileges at a health facility. (e) The division shall provide, upon the request of any interested person, a copy of all nonproprietary information, as determined by the administrative director, filed with it by an independent review organization under contract pursuant to this section. The division may charge a fee to the interested person for copying the requested information. (f) The Legislature finds and declares that the services described in this section are of such a special and unique nature that they must be contracted out pursuant to paragraph (3) of subdivision (b) of Section 19130 of the Government Code. The Legislature further finds and declares that the services described in this section are a new state function pursuant to paragraph (2) of subdivision (b) of Section 19130 of the Government Code. (Amended by Stats. 2014, Ch. 71, Sec. 107. (SB 1304) Effective January 1, 2015.)
  179. 139.6.

    ## 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 administrative director must run an information-and-assistance program for workers’ compensation, appoint officers in district offices, and provide support; those officers must help workers, employers, and others with information, disputes, pamphlets, and liaison work.

    ## 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. ) ## 139.6. (a) The administrative director shall establish and effect within the Division of Workers’ Compensation a continuing program to provide information and assistance concerning the rights, benefits, and obligations of the workers’ compensation law to employees and employers subject thereto. The program shall include, but not be limited to, the following: (1) The preparation, publishing, and as necessary, updating, of guides to the California workers’ compensation system for employees and employers. The guides shall detail, in easily understandable language, the rights and obligations of employees and employers, the procedures for obtaining benefits, and the means provided for resolving disputes. Separate guides may be prepared for employees and employers. The appropriate guide shall be provided to all labor and employer organizations known to the administrative director, and to any other person upon request. (2) The preparation, publishing, and as necessary, updating, of a pamphlet advising injured workers of their basic rights under workers’ compensation law, and informing them of rights under the Americans with Disabilities Act, and the provisions of the Fair Employment and Housing Act relating to individuals with a disability. The pamphlet shall be written in easily understandable language. The pamphlet shall be available in both English and Spanish, and shall include basic information concerning the circumstances under which injured employees are entitled to the various types of workers’ compensation benefits, the protections against discrimination because of an injury, the procedures for resolving any disputes which arise, and the right to seek information and advice from an information and assistance officer or an attorney. (b) In each district office of the division, the administrative director shall appoint an information and assistance officer, and any other deputy information and assistance officers as the work of the district office may require. The administrative director shall provide office facilities and clerical support appropriate to the functions of these information and assistance officers. (c) Each information and assistance officer shall be responsible for the performance of the following duties: (1) Providing continuing information concerning rights, benefits, and obligations under workers’ compensation laws to injured workers, employers, lien claimants, and other interested parties. (2) Upon request by the injured worker, assisting in the prompt resolution of misunderstanding, disputes, and controversies arising out of claims for compensation, without formal proceedings, in order that full and timely compensation benefits shall be furnished. In performing this duty, information and assistance officers shall not be responsible for reviewing applications for adjudication or declarations of readiness to proceed. This function shall be performed by workers’ compensation judges. This function may also be performed by settlement conference referees upon delegation by the appeals board. (3) Distributing any information pamphlets in English and Spanish as are prepared and approved by the administrative director to all inquiring injured workers and any other parties that may request copies of these pamphlets. (4) Establishing and maintaining liaison with the persons located in the geographic area served by the district office, with other affected state agencies, and with organizations representing employees, employers, insurers, and the medical community. (Amended by Stats. 1993, Ch. 121, Sec. 23. Effective July 16, 1993.)
  180. 1390.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 3. Working Hours [1390 - 1399] ( Chapter 3 enacted by Stats. 1937, Ch. 90. )

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    This section defines “horticultural” and “drama”/“play” for this chapter.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 3. Working Hours [1390 - 1399] ( Chapter 3 enacted by Stats. 1937, Ch. 90. ) ## 1390. As used in this chapter, unless the context otherwise indicates: (a) “Horticultural” includes the curing and drying but not the canning of all varieties of fruit. (b) “Drama” or “play” includes the production of motion picture plays. (Amended by Stats. 2017, Ch. 561, Sec. 164. (AB 1516) Effective January 1, 2018.)
  181. 1391.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 3. Working Hours [1390 - 1399] ( Chapter 3 enacted by Stats. 1937, Ch. 90. )

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    Employers are restricted from working minors beyond specified daily, weekly, and nighttime hour limits, with limited exceptions and a newspaper-delivery exemption.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 3. Working Hours [1390 - 1399] ( Chapter 3 enacted by Stats. 1937, Ch. 90. ) ## 1391. (a) Except as provided in Sections 1297, 1298, and 1308.7: (1) An employer shall not employ a minor 15 years of age or younger for more than eight hours in one day of 24 hours, or more than 40 hours in one week, or before 7 a.m. or after 7 p.m., except that from June 1 through Labor Day, a minor 15 years of age or younger may be employed for the hours authorized by this section until 9 p.m. in the evening. (2) Notwithstanding paragraph (1), while school is in session, an employer shall not employ a minor 14 or 15 years of age for more than three hours in any schoolday, nor more than 18 hours in any week, nor during school hours, except that a minor enrolled in and employed pursuant to a school-supervised and school-administered work experience and career exploration program may be employed for no more than 23 hours, any portion of which may be during school hours. (3) An employer shall not employ a minor 16 or 17 years of age for more than eight hours in one day of 24 hours or more than 48 hours in one week, or before 5 a.m., or after 10 p.m. on any day preceding a schoolday. However, a minor 16 or 17 years of age may be employed for the hours authorized by this section during any evening preceding a nonschoolday until 12:30 a.m. of the nonschoolday. (4) Notwithstanding paragraph (3), while school is in session, an employer shall not employ a minor 16 or 17 years of age for more than four hours in any schoolday, except as follows: (A) The minor is employed in personal attendant occupations, as defined in the Industrial Welfare Commission Minimum Wage Order No. 15 (8 Cal. Code Regs. Sec. 11150), school-approved work experience, or cooperative vocational education programs. (B) The minor has been issued a permit to work pursuant to subdivision (c) of Section 49112 of the Education Code and is employed in accordance with the provisions of that permit. (b) For purposes of this section, “schoolday” means any day in which a minor is required to attend school for 240 minutes or more. (c) Any person or the agent or officer thereof, or any parent or guardian, who directly or indirectly violates or causes or suffers the violation of this section is guilty of a misdemeanor punishable by a fine of not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000), or imprisonment in the county jail for not more than 60 days, or both. Any person who willfully violates this section shall, upon conviction, be subject to a fine of not more than ten thousand dollars ($10,000) or to imprisonment in the county jail for not more than six months, or both. No person shall be imprisoned under this section, except for an offense committed after the conviction of that person for a prior offense under this chapter. (d) This section does not apply to any minor employed to deliver newspapers to consumers. (Amended by Stats. 2017, Ch. 561, Sec. 165. (AB 1516) Effective January 1, 2018.)
  182. 1391.1.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 3. Working Hours [1390 - 1399] ( Chapter 3 enacted by Stats. 1937, Ch. 90. )

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    Certain minors in approved work programs may work late at night, but only if required approvals are obtained and the work is not harmful to the minor’s health, education, or welfare.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 3. Working Hours [1390 - 1399] ( Chapter 3 enacted by Stats. 1937, Ch. 90. ) ## 1391.1. Minors 16 years of age or older and under the age of 18 years enrolled in work experience or cooperative vocational education programs approved by the State Department of Education or in work experience education programs conducted by private schools may work after 10 p.m. but not later than 12:30 a.m., providing such employment is not detrimental to the health, education, or welfare of the minor and the approval of the parent and the work experience coordinator has been obtained. However, if any such minor works any time during the hours from 10 p.m. to 12:30 a.m., he or she shall be paid for work during that time at a rate which is not less than the minimum wage paid to adults. (Amended by Stats. 1982, Ch. 231, Sec. 1.)
  183. 1391.2.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 3. Working Hours [1390 - 1399] ( Chapter 3 enacted by Stats. 1937, Ch. 90. )

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    A qualifying minor under 18 may work the same hours as an adult for the same job, and employers must pay that minor at least the adult rate for the same work, subject to listed good-faith pay differences.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 3. Working Hours [1390 - 1399] ( Chapter 3 enacted by Stats. 1937, Ch. 90. ) ## 1391.2. (a) Notwithstanding Sections 1391 and 1391.1, any minor under 18 years of age who has been graduated from a high school maintaining a four-year course above the eighth grade of the elementary schools, or who has had an equal amount of education in a private school or by private tuition, or who has been awarded a certificate of proficiency pursuant to Section 48412 of the Education Code, may be employed for the same hours as an adult may be employed in performing the same work. (b) Notwithstanding the provisions of the orders of the Industrial Welfare Commission, no employer shall pay any minor described in this section in his employ at wage rates less than the rates paid to adult employees in the same establishment for the same quantity and quality of the same classification of work; provided, however, that nothing herein shall prohibit a variation of rates of pay for such minors and adult employees engaged in the same classification of work based upon a difference in seniority, length of service, ability, skill, difference in duties or services performed, whether regularly or occasionally, difference in the shift or time of day worked, hours of work, or other reasonable differentiation, when exercised in good faith. (Added by Stats. 1977, Ch. 765.)
  184. 1392.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 3. Working Hours [1390 - 1399] ( Chapter 3 enacted by Stats. 1937, Ch. 90. )

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    A person controlling a minor as a ward or apprentice must not require the minor to work more than eight hours in a day, except in household occupations.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 3. Working Hours [1390 - 1399] ( Chapter 3 enacted by Stats. 1937, Ch. 90. ) ## 1392. Every person who has a minor under his or her control, as a ward or an apprentice, and who, except in household occupations, requires the minor to work more than eight hours in any one day, is guilty of a misdemeanor. (Amended by Stats. 1994, Ch. 1175, Sec. 25. Effective January 1, 1995.)
  185. 1393.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 3. Working Hours [1390 - 1399] ( Chapter 3 enacted by Stats. 1937, Ch. 90. )

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    The Labor Commissioner may grant limited written exemptions for certain agricultural packing plants to employ minors aged 16 or 17 for up to 10 hours per day during peak harvest season when school is not in session, if safety and welfare are not materially affected and the employer would face undue hardship.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 3. Working Hours [1390 - 1399] ( Chapter 3 enacted by Stats. 1937, Ch. 90. ) ## 1393. (a) Notwithstanding any other provision of this chapter and Article 2 (commencing with Section 49110) of Chapter 7 of Part 27 of Division 4 of Title 2 of the Education Code, the Labor Commissioner may issue an exemption from laws regulating the employment of minors to employers operating agricultural packing plants that employ minors 16 and 17 years of age during any day during which school is not in session, for up to 10 hours per day during the peak harvest season. These exemptions shall only be granted if they do not materially affect the safety and welfare of minor employees and will prevent undue hardship on the employer. The Labor Commissioner may require an inspection of an agricultural packing plant prior to issuing an exemption. (b) Any exemption granted pursuant to subdivision (a) shall be in writing to be effective, and may be revoked after reasonable notice is given, in writing, by the Labor Commissioner. Any notice of revocation shall include the reason for the revocation. (c) An application for an exemption under subdivision (a) shall be made by an employer on a form provided by the Labor Commissioner, and a copy of the application shall be posted at the employer’s place of employment at the time the application is filed with the division. (Amended by Stats. 2017, Ch. 561, Sec. 166. (AB 1516) Effective January 1, 2018.)
  186. 1394.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 3. Working Hours [1390 - 1399] ( Chapter 3 enacted by Stats. 1937, Ch. 90. )

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    This section allows certain minors to be employed in specified farm or domestic work when school is not in session or outside school hours, subject to parent-or-guardian control and location conditions. It also allows full-time employment of minors who meet other legal requirements and are exempt from compulsory school attendance, but it does not allow children under schoolage to do those jobs while public schools are in session.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 3. Working Hours [1390 - 1399] ( Chapter 3 enacted by Stats. 1937, Ch. 90. ) ## 1394. This chapter and Chapter 2 (commencing with Section 1285) do not prohibit or prevent either of the following: (a) The employment of any minor at agricultural, horticultural, viticultural, or domestic labor during the time the public schools are not in session, or during other than school hours, when the work performed is for or under the control of his parent or guardian and is performed upon or in connection with premises owned, operated or controlled by the parent or guardian. However, nothing herein shall permit children under schoolage to work at these occupations while the public schools are in session. (b) The full-time employment of minors who meet all other legal employment requirements, if they are exempt from compulsory school attendance under Section 48231 of the Education Code. (Amended by Stats. 2017, Ch. 561, Sec. 168. (AB 1516) Effective January 1, 2018.)
  187. 1398.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 3. Working Hours [1390 - 1399] ( Chapter 3 enacted by Stats. 1937, Ch. 90. )

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    The Division of Labor Standards Enforcement must enforce this chapter.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 3. Working Hours [1390 - 1399] ( Chapter 3 enacted by Stats. 1937, Ch. 90. ) ## 1398. The Division of Labor Standards Enforcement shall enforce the provisions of this chapter. (Amended by Stats. 2017, Ch. 561, Sec. 169. (AB 1516) Effective January 1, 2018.)
  188. 1399.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 3. Working Hours [1390 - 1399] ( Chapter 3 enacted by Stats. 1937, Ch. 90. )

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    This chapter does not limit the Attorney General or a county district attorney from bringing civil or criminal actions for violations of the chapter and enforcing it independently of the director.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 3. Working Hours [1390 - 1399] ( Chapter 3 enacted by Stats. 1937, Ch. 90. ) ## 1399. This chapter does not limit the authority of the Attorney General or the district attorney of any county, either upon their own complaint or the complaint of any person acting for himself or the general public, to prosecute actions, either civil or criminal, for violations of this chapter, or to enforce the provisions thereof independently and without specific direction of the director. (Amended by Stats. 2017, Ch. 561, Sec. 170. (AB 1516) Effective January 1, 2018.)
  189. 14.

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

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    In this section, “county” also means “city and county.”

    ## Labor Code - LAB ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 90. ) ## 14. “County” includes “city and county.” (Enacted by Stats. 1937, Ch. 90.)
  190. 140.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 6. Occupational Safety and Health Standards Board [140 - 147.6] ( Heading of Chapter 6 amended by Stats. 1973, Ch. 993. )

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    This section creates the Occupational Safety and Health Standards Board, sets its membership, and gives the Governor and the chairman appointment-designation powers.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 6. Occupational Safety and Health Standards Board [140 - 147.6] ( Heading of Chapter 6 amended by Stats. 1973, Ch. 993. ) ## 140. (a) There is in the Department of Industrial Relations, the Occupational Safety and Health Standards Board which consists of seven members who shall be appointed by the Governor. Two members shall be from the field of management, two members shall be from the field of labor, one member shall be from the field of occupational health, one member shall be from the field of occupational safety and one member shall be from the general public. Members representing occupational safety and health fields and the public member shall be selected from other than the fields of management or labor. (b) Terms of office for members of the Industrial Safety Board shall expire 60 days after the effective date of the amendment of this section enacted at the 1973–74 Regular Session. Newly appointed members of the Occupational Safety and Health Standards Board shall assume their duties upon that date. (c) The Governor shall designate the chairman of the board from the membership of the board. The person so designated shall hold the office of chairman at the pleasure of the Governor. The chairman shall designate a member of the board to act as chairman in his absence. (d) As used in this chapter, “board” means the Occupational Safety and Health Standards Board. (e) All references in this or any other code to the Industrial Safety Board shall be deemed to mean the Occupational Safety and Health Standards Board. (Amended by Stats. 1973, Ch. 993.)
  191. 1400.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 4. Relocations, Terminations, and Mass Layoffs [1400 - 1413] ( Chapter 4 added by Stats. 2002, Ch. 780, Sec. 1. ) ## ARTICLE 1. General Cal/WARN Requirements [1400 - 1408] ( Article 1 added by Stats. 2022, Ch. 752, Sec. 1. )

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    This section says Chapter 4 may be cited as the California Worker Adjustment and Retraining Act, or the Cal/WARN Act.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 4. Relocations, Terminations, and Mass Layoffs [1400 - 1413] ( Chapter 4 added by Stats. 2002, Ch. 780, Sec. 1. ) ## ARTICLE 1. General Cal/WARN Requirements [1400 - 1408] ( Article 1 added by Stats. 2022, Ch. 752, Sec. 1. ) ## 1400. This chapter may be cited as the “California Worker Adjustment and Retraining Act” or “Cal/WARN Act.” (Added by Stats. 2022, Ch. 752, Sec. 1. (AB 1601) Effective January 1, 2023.)
  192. 1400.5.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 4. Relocations, Terminations, and Mass Layoffs [1400 - 1413] ( Chapter 4 added by Stats. 2002, Ch. 780, Sec. 1. ) ## ARTICLE 1. General Cal/WARN Requirements [1400 - 1408] ( Article 1 added by Stats. 2022, Ch. 752, Sec. 1. )

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    This section defines key terms for chapter 4, including covered establishment, employer, layoff, mass layoff, relocation, termination, and employee.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 4. Relocations, Terminations, and Mass Layoffs [1400 - 1413] ( Chapter 4 added by Stats. 2002, Ch. 780, Sec. 1. ) ## ARTICLE 1. General Cal/WARN Requirements [1400 - 1408] ( Article 1 added by Stats. 2022, Ch. 752, Sec. 1. ) ## 1400.5. The definitions set forth in this section shall govern the construction and meaning of the terms used in this chapter: (a) “Covered establishment” means any industrial or commercial facility or part thereof that employs, or has employed within the preceding 12 months, 75 or more persons. (b) “Employer” means any person, as defined by Section 18, who directly or indirectly owns and operates a covered establishment. A parent corporation is an employer as to any covered establishment directly owned and operated by its corporate subsidiary. (c) “Layoff” means a separation from a position for lack of funds or lack of work. (d) “Mass layoff” means a layoff during any 30-day period of 50 or more employees at a covered establishment. (e) “Relocation” means the removal of all or substantially all of the industrial or commercial operations in a covered establishment to a different location 100 miles or more away. (f) “Termination” means the cessation or substantial cessation of industrial or commercial operations in a covered establishment. (g) (1) This chapter does not apply where the closing or layoff is the result of the completion of a particular project or undertaking of an employer subject to Wage Order 11, regulating the Broadcasting Industry, Wage Order 12, regulating the Motion Picture Industry, or Wage Order 16, regulating Certain On-Site Occupations in the Construction, Drilling, Logging and Mining Industries, of the Industrial Welfare Commission, and the employees were hired with the understanding that their employment was limited to the duration of that project or undertaking. (2) This chapter does not apply to employees who are employed in seasonal employment where the employees were hired with the understanding that their employment was seasonal and temporary. (h) “Employee” means a person employed by an employer for at least 6 months of the 12 months preceding the date on which notice is required. (Added by renumbering Section 1400 by Stats. 2022, Ch. 752, Sec. 2. (AB 1601) Effective January 1, 2023.)
  193. 1401.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 4. Relocations, Terminations, and Mass Layoffs [1400 - 1413] ( Chapter 4 added by Stats. 2002, Ch. 780, Sec. 1. ) ## ARTICLE 1. General Cal/WARN Requirements [1400 - 1408] ( Article 1 added by Stats. 2022, Ch. 752, Sec. 1. )

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    An employer must give written notice 60 days before a mass layoff, relocation, or termination at a covered establishment, unless the action is caused by a physical calamity or act of war.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 4. Relocations, Terminations, and Mass Layoffs [1400 - 1413] ( Chapter 4 added by Stats. 2002, Ch. 780, Sec. 1. ) ## ARTICLE 1. General Cal/WARN Requirements [1400 - 1408] ( Article 1 added by Stats. 2022, Ch. 752, Sec. 1. ) ## 1401. (a) An employer may not order a mass layoff, relocation, or termination at a covered establishment unless, 60 days before the order takes effect, the employer gives written notice of the order to the following: (1) The employees of the covered establishment affected by the order. (2) The Employment Development Department, the local workforce development board, and the chief elected official of each city and county government within which the termination, relocation, or mass layoff occurs. (b) An employer required to give notice of any mass layoff, relocation, or termination under this chapter shall include in its notice the elements required by the federal Worker Adjustment and Retraining Notification Act (29 U.S.C. Sec. 2101 et seq.). (c) An employer required to give notice of any mass layoff, relocation, or termination under this chapter shall include in the notice whether the employer plans to coordinate services, such as a rapid response orientation, through the local workforce development board, the employer plans to coordinate services through a different entity, or the employer does not plan to coordinate services with any entity. (1) Regardless of whether the employer chooses to coordinate services with the local workforce development board or another entity, the employer shall include in the notice a functioning email and telephone number of the board and the following description of the rapid response activities offered by the local workforce development board in accordance with Chapter 32 (commencing with Section 3102) of Title 29 of the United States Code: “Local Workforce Development Boards and their partners help laid off workers find new jobs. Visit an America’s Job Center of California location near you. You can get help with your resume, practice interviewing, search for jobs, and more. You can also learn about training programs to help start a new career.” (2) If the employer chooses to coordinate services with the local workforce development board or another entity, the employer shall arrange services within 30 days from the date of the notice. (d) An employer required to give notice of any mass layoff, relocation, or termination under this chapter shall include in the notice a description of the statewide food assistance program known as CalFresh (Chapter 10 (commencing with Section 18900) of Part 6 of Division 9 of the Welfare and Institutions Code), the CalFresh benefits helpline, and a link to the CalFresh internet website. (e) An employer required to give notice of any mass layoff, relocation, or termination under this chapter shall include in the notice a functioning email and telephone number of the employer for contact. (f) Notwithstanding the requirements of subdivision (a), an employer is not required to provide notice if a mass layoff, relocation, or termination is necessitated by a physical calamity or act of war. (Amended by Stats. 2025, Ch. 229, Sec. 1. (SB 617) Effective January 1, 2026.)
  194. 1402.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 4. Relocations, Terminations, and Mass Layoffs [1400 - 1413] ( Chapter 4 added by Stats. 2002, Ch. 780, Sec. 1. ) ## ARTICLE 1. General Cal/WARN Requirements [1400 - 1408] ( Article 1 added by Stats. 2022, Ch. 752, Sec. 1. )

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    If an employer fails to give the required notice before a mass layoff, relocation, or termination, the employer is liable to each affected employee.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 4. Relocations, Terminations, and Mass Layoffs [1400 - 1413] ( Chapter 4 added by Stats. 2002, Ch. 780, Sec. 1. ) ## ARTICLE 1. General Cal/WARN Requirements [1400 - 1408] ( Article 1 added by Stats. 2022, Ch. 752, Sec. 1. ) ## 1402. (a) An employer who fails to give notice as required by paragraph (1) of subdivision (a) of Section 1401 before ordering a mass layoff, relocation, or termination is liable to each employee entitled to notice who lost his or her employment for: (1) Back pay at the average regular rate of compensation received by the employee during the last three years of his or her employment, or the employee’s final rate of compensation, whichever is higher. (2) The value of the cost of any benefits to which the employee would have been entitled had his or her employment not been lost, including the cost of any medical expenses incurred by the employee that would have been covered under an employee benefit plan. (b) Liability under this section is calculated for the period of the employer’s violation, up to a maximum of 60 days, or one-half the number of days that the employee was employed by the employer, whichever period is smaller. (c) The amount of an employer’s liability under subdivision (a) is reduced by the following: (1) Any wages, except vacation moneys accrued prior to the period of the employer’s violation, paid by the employer to the employee during the period of the employer’s violation. (2) Any voluntary and unconditional payments made by the employer to the employee that were not required to satisfy any legal obligation. (3) Any payments by the employer to a third party or trustee, such as premiums for health benefits or payments to a defined contribution pension plan, on behalf of and attributable to the employee for the period of the violation. (Added by Stats. 2002, Ch. 780, Sec. 1. Effective January 1, 2003.)
  195. 1402.5.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 4. Relocations, Terminations, and Mass Layoffs [1400 - 1413] ( Chapter 4 added by Stats. 2002, Ch. 780, Sec. 1. ) ## ARTICLE 1. General Cal/WARN Requirements [1400 - 1408] ( Article 1 added by Stats. 2022, Ch. 752, Sec. 1. )

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    An employer may be excused from a Section 1401 notice requirement if the department finds the employer was actively seeking capital or business and met the listed conditions.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 4. Relocations, Terminations, and Mass Layoffs [1400 - 1413] ( Chapter 4 added by Stats. 2002, Ch. 780, Sec. 1. ) ## ARTICLE 1. General Cal/WARN Requirements [1400 - 1408] ( Article 1 added by Stats. 2022, Ch. 752, Sec. 1. ) ## 1402.5. (a) An employer is not required to comply with the notice requirement contained in subdivision (a) of Section 1401 if the department determines that all of the following conditions exist: (1) As of the time that notice would have been required, the employer was actively seeking capital or business. (2) The capital or business sought, if obtained, would have enabled the employer to avoid or postpone the relocation or termination. (3) The employer reasonably and in good faith believed that giving the notice required by subdivision (a) of Section 1401 would have precluded the employer from obtaining the needed capital or business. (b) The department may not determine that the employer was actively seeking capital or business under subdivision (a) unless the employer provides the department with both of the following: (1) A written record consisting of all documents relevant to the determination of whether the employer was actively seeking capital or business, as specified by the department. (2) An affidavit verifying the contents of the documents contained in the record. (c) The affidavit provided to the department pursuant to paragraph (2) of subdivision (b) shall contain a declaration signed under penalty of perjury stating that the affidavit and the contents of the documents contained in the record submitted pursuant to paragraph (1) of subdivision (b) are true and correct. (d) This section does not apply to notice of a mass layoff as defined by subdivision (d) of Section 1400. (Added by Stats. 2002, Ch. 780, Sec. 1. Effective January 1, 2003.)
  196. 1403.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 4. Relocations, Terminations, and Mass Layoffs [1400 - 1413] ( Chapter 4 added by Stats. 2002, Ch. 780, Sec. 1. ) ## ARTICLE 1. General Cal/WARN Requirements [1400 - 1408] ( Article 1 added by Stats. 2022, Ch. 752, Sec. 1. )

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    An employer that fails to give required notice under Section 1401 may be fined up to $500 per day, unless it pays all amounts owed under Section 1402 within three weeks after ordering the mass layoff, relocation, or termination.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 4. Relocations, Terminations, and Mass Layoffs [1400 - 1413] ( Chapter 4 added by Stats. 2002, Ch. 780, Sec. 1. ) ## ARTICLE 1. General Cal/WARN Requirements [1400 - 1408] ( Article 1 added by Stats. 2022, Ch. 752, Sec. 1. ) ## 1403. An employer who fails to give notice as required by paragraph (2) of subdivision (a) of Section 1401 is subject to a civil penalty of not more than five hundred dollars ($500) for each day of the employer’s violation. The employer is not subject to a civil penalty under this section, however, if the employer pays to all applicable employees the amounts for which the employer is liable under Section 1402 within three weeks from the date the employer orders the mass layoff, relocation, or termination. (Added by Stats. 2002, Ch. 780, Sec. 1. Effective January 1, 2003.)
  197. 1404.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 4. Relocations, Terminations, and Mass Layoffs [1400 - 1413] ( Chapter 4 added by Stats. 2002, Ch. 780, Sec. 1. ) ## ARTICLE 1. General Cal/WARN Requirements [1400 - 1408] ( Article 1 added by Stats. 2022, Ch. 752, Sec. 1. )

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    A person, including a local government or employee representative, may sue an employer to establish liability, and a court may award reasonable attorney’s fees to a prevailing plaintiff.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 4. Relocations, Terminations, and Mass Layoffs [1400 - 1413] ( Chapter 4 added by Stats. 2002, Ch. 780, Sec. 1. ) ## ARTICLE 1. General Cal/WARN Requirements [1400 - 1408] ( Article 1 added by Stats. 2022, Ch. 752, Sec. 1. ) ## 1404. A person, including a local government or an employee representative, seeking to establish liability against an employer may bring a civil action on behalf of the person, other persons similarly situated, or both, in any court of competent jurisdiction. The court may award reasonable attorney’s fees as part of costs to any plaintiff who prevails in a civil action brought under this chapter. (Added by Stats. 2002, Ch. 780, Sec. 1. Effective January 1, 2003.)
  198. 1405.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 4. Relocations, Terminations, and Mass Layoffs [1400 - 1413] ( Chapter 4 added by Stats. 2002, Ch. 780, Sec. 1. ) ## ARTICLE 1. General Cal/WARN Requirements [1400 - 1408] ( Article 1 added by Stats. 2022, Ch. 752, Sec. 1. )

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    If the court finds the employer acted in good faith and had reasonable grounds, it may reduce any penalty under this chapter.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 4. Relocations, Terminations, and Mass Layoffs [1400 - 1413] ( Chapter 4 added by Stats. 2002, Ch. 780, Sec. 1. ) ## ARTICLE 1. General Cal/WARN Requirements [1400 - 1408] ( Article 1 added by Stats. 2022, Ch. 752, Sec. 1. ) ## 1405. If the court determines that an employer conducted a reasonable investigation in good faith, and had reasonable grounds to believe that its conduct was not a violation of this chapter, the court may reduce the amount of any penalty imposed against the employer under this chapter. (Added by Stats. 2002, Ch. 780, Sec. 1. Effective January 1, 2003.)
  199. 1406.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 4. Relocations, Terminations, and Mass Layoffs [1400 - 1413] ( Chapter 4 added by Stats. 2002, Ch. 780, Sec. 1. ) ## ARTICLE 1. General Cal/WARN Requirements [1400 - 1408] ( Article 1 added by Stats. 2022, Ch. 752, Sec. 1. )

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    The Labor Commissioner can inspect an employer’s books and records in investigations or proceedings under this chapter, and may enforce certain notice rules using specified procedures.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 4. Relocations, Terminations, and Mass Layoffs [1400 - 1413] ( Chapter 4 added by Stats. 2002, Ch. 780, Sec. 1. ) ## ARTICLE 1. General Cal/WARN Requirements [1400 - 1408] ( Article 1 added by Stats. 2022, Ch. 752, Sec. 1. ) ## 1406. (a) In any investigation or proceeding under this chapter, the Labor Commissioner has, in addition to all other powers granted by law, the authority to examine the books and records of an employer. (b) The Labor Commissioner may enforce the notice requirements in Section 1401 and subdivision (a) of Section 1410, including investigating an alleged violation and ordering appropriate temporary relief to mitigate the violation pending the completion of a full investigation or hearing, through the procedures set forth in Section 98.3 or 1197.1, including by issuance of a citation against an employer who violates this chapter. If a citation is issued, the procedures for issuing, contesting, and enforcing judgments for citations and civil penalties issued by the commissioner shall be the same as those set forth in Section 1197.1, as appropriate. (Amended by Stats. 2022, Ch. 752, Sec. 3. (AB 1601) Effective January 1, 2023.)
  200. 1407.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 4. Relocations, Terminations, and Mass Layoffs [1400 - 1413] ( Chapter 4 added by Stats. 2002, Ch. 780, Sec. 1. ) ## ARTICLE 1. General Cal/WARN Requirements [1400 - 1408] ( Article 1 added by Stats. 2022, Ch. 752, Sec. 1. )

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    Payments tied to a facility-closure notice violation are not treated as wages, and related unemployment benefits cannot be denied or reduced for that reason.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4. EMPLOYEES [1171 - 1413] ( Heading of Part 4 amended by Stats. 1972, Ch. 1122. ) ## CHAPTER 4. Relocations, Terminations, and Mass Layoffs [1400 - 1413] ( Chapter 4 added by Stats. 2002, Ch. 780, Sec. 1. ) ## ARTICLE 1. General Cal/WARN Requirements [1400 - 1408] ( Article 1 added by Stats. 2022, Ch. 752, Sec. 1. ) ## 1407. (a) Payments to a person under subdivision (a) of Section 1402 by an employer who has failed to provide the advance notice of facility closure required by this chapter or the federal Worker Adjustment and Retraining Notification Act (29 U.S.C. Sec. 2101 et seq.) may not be construed as wages or compensation for personal services under Article 2 (commencing with Section 926) of Chapter 4 of Part 1 of Division 1 of the Unemployment Insurance Code. (b) Benefits payable under Chapter 5 (commencing with Section 1251) of Part 1 of Division 1 of the Unemployment Insurance Code may not be denied or reduced because of the receipt of payments related to an employer’s violation of this chapter or the federal Worker Adjustment and Retraining Notification Act (29 U.S.C. Sec. 2101 et seq.). (Added by Stats. 2002, Ch. 780, Sec. 1. Effective January 1, 2003.)

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