Labor Code — Part 3 | LAB — United States — California law | Esheria

Labor Code

Part 3 of 13 · provisions 401–600

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

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

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Provisions of Labor Code

Showing 200 of 2,599

  1. 1408.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( 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 chapter is severable: if one provision or its application is invalid, the rest can still operate when they can stand on their own.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( 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. ) ## 1408. 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. 780, Sec. 1. Effective January 1, 2003.)
  2. 1409.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( 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 2. Relocation of Call Centers [1409 - 1413] ( Article 2 added by Stats. 2022, Ch. 752, Sec. 4. )

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    This section says Article 2 applies to an employer’s relocation of a call center and defines key terms used in the 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 4. Relocations, Terminations, and Mass Layoffs [1400 - 1413] ( Chapter 4 added by Stats. 2002, Ch. 780, Sec. 1. ) ## ARTICLE 2. Relocation of Call Centers [1409 - 1413] ( Article 2 added by Stats. 2022, Ch. 752, Sec. 4. ) ## 1409. (a) This article shall apply to an employer’s relocation of a call center, as defined in this article. (b) The definitions set forth in this subdivision shall apply to the construction and meaning of terms used in this article. The definitions set forth in Section 1400.5 also apply to this article, except for the definition of “relocation” contained in subdivision (e) of Section 1400.5. (1) “Call center” means a facility or other operation where employees, as their primary function, receive telephone calls or other electronic communication for the purpose of providing customer service or other related functions. (2) “Call center employer” means an employer of a covered establishment, as those terms are defined in Section 1400.5, who operates a call center. (3) “Relocation of a call center” includes when the employer intends to move its call center, or one or more facilities or operating units within a call center comprising at least 30 percent of the call center’s or operating unit’s total volume when measured against the average call volume for the previous 12 months, or substantially similar operations to a foreign country. (Added by Stats. 2022, Ch. 752, Sec. 4. (AB 1601) Effective January 1, 2023.)
  3. 141.

    ## 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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    Board members serve four-year terms, stay in office until a successor is appointed and qualified, and receive daily pay and travel expenses for board work.

    ## 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. ) ## 141. (a) The terms of office of the members of the board shall be four years and they shall hold office until the appointment and qualification of a successor. The terms of the members of the board first appointed shall expire as follows: three members, one representative from management, one representative from labor, and one representative from occupational health, on June 1, 1974; three members, one representative from management, one representative from labor, and one representative from occupational safety, on June 1, 1975; one member June 1, 1976. The terms shall thereafter expire in the same relative order. Vacancies occurring shall be filled by appointment to the unexpired term. (b) Each member of the board shall receive one hundred dollars ($100) for each day of his or her actual attendance at meetings of the board, and other official business of the board, and his or her actual and necessary traveling expenses incurred in the performance of his or her duty as a member. (Amended by Stats. 2004, Ch. 183, Sec. 254. Effective January 1, 2005.)
  4. 1410.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( 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 2. Relocation of Call Centers [1409 - 1413] ( Article 2 added by Stats. 2022, Ch. 752, Sec. 4. )

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    A call center employer cannot order a relocation unless it gives notice under Section 1401, and the notice must say it is for a call center relocation.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( 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 2. Relocation of Call Centers [1409 - 1413] ( Article 2 added by Stats. 2022, Ch. 752, Sec. 4. ) ## 1410. (a) A call center employer shall not order a relocation of its call center, or one or more of its facilities or operating units within a call center, unless notice of the relocation is provided in accordance with Section 1401. If a call center employer is required to provide notice under subdivision (a) of Section 1401 and this section, the call center employer may provide a single notice. However, a notice of the relocation of a call center shall include “This notice is for the relocation of a call center” at the top of the notice. (b) The Employment Development Department shall compile and publish semiannually, on its internet website, a list of call center employers operating a call center that provided notice pursuant to subdivision (a). This list shall include elements required by the federal Worker Adjustment and Retraining Notification Act (29 U.S.C. Sec. 2101 et seq.). (c) The Employment Development Department and local workforce development boards shall provide workforce services to call center employers and their call center employees who are laid off as a result of the relocation of a call center, as defined in Section 1409. (Amended by Stats. 2023, Ch. 131, Sec. 136. (AB 1754) Effective January 1, 2024.)
  5. 1410.5.

    ## 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 2. Relocation of Call Centers [1409 - 1413] ( Article 2 added by Stats. 2022, Ch. 752, Sec. 4. )

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    If a call center employer is liable for failing to give the required notice, it is not also liable for notice violations under Section 1401 based on the same facts.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( 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 2. Relocation of Call Centers [1409 - 1413] ( Article 2 added by Stats. 2022, Ch. 752, Sec. 4. ) ## 1410.5. (a) A violation of subdivision (a) of Section 1410 shall be enforced through the provisions and remedies contained in Article 1 (commencing with Section 1400), including, but not limited to, Sections 1402, 1403, 1404, 1406, and 1407. (b) A call center employer that is found liable for failing to provide the notice required under this article shall not also be liable for violations for failing to provide notice under Section 1401 under the same facts. (Added by Stats. 2022, Ch. 752, Sec. 4. (AB 1601) Effective January 1, 2023.)
  6. 1411.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( 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 2. Relocation of Call Centers [1409 - 1413] ( Article 2 added by Stats. 2022, Ch. 752, Sec. 4. )

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    A call center employer on the Section 1410 list, or one that should have been listed but failed to give notice, cannot get or renew state grants or state-guaranteed loans for five years and cannot claim a tax credit for five taxable years, unless the appropriate agency waives the ineligibility for good cause.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( 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 2. Relocation of Call Centers [1409 - 1413] ( Article 2 added by Stats. 2022, Ch. 752, Sec. 4. ) ## 1411. (a) Except as provided in subdivision (b), and notwithstanding any other law, a call center employer that appears on the list described in subdivision (b) of Section 1410, or who should have appeared on the list but did not provide notice as specified, shall be ineligible to be awarded or have renewed any direct or indirect state grants or state-guaranteed loans to that call center employer for five years after the date that the list is published, and that call center employer shall be ineligible to claim a tax credit for five taxable years beginning on and after the date that the list is published. (b) The appropriate agency, after receiving a written request from a call center employer detailing the reasons for waiving the call center employer’s ineligibility under subdivision (a), and after consulting the list described in subdivision (b) of Section 1410, may waive the ineligibility provisions prescribed in subdivision (a) if the agency determines that the applicant call center employer demonstrates good cause to do so, which may include job loss or adverse impact on the state. (c) As used in this section, “appropriate agency” means the agency that administers the relevant direct or indirect state grants, state-guaranteed loans, or tax credits referenced in subdivision (a). (Added by Stats. 2022, Ch. 752, Sec. 4. (AB 1601) Effective January 1, 2023.)
  7. 1412.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( 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 2. Relocation of Call Centers [1409 - 1413] ( Article 2 added by Stats. 2022, Ch. 752, Sec. 4. )

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    This section says the article cannot be used to allow withholding or denial of certain payments or benefits from workers employed by call center employers that move to a foreign country.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( 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 2. Relocation of Call Centers [1409 - 1413] ( Article 2 added by Stats. 2022, Ch. 752, Sec. 4. ) ## 1412. This article shall not be construed to permit withholding or denial of payments, compensation, or benefits under any other state law, including state unemployment compensation, disability payments, or worker retraining or readjustment funds, to workers employed by call center employers that relocate to a foreign country. (Added by Stats. 2022, Ch. 752, Sec. 4. (AB 1601) Effective January 1, 2023.)
  8. 1413.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( 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 2. Relocation of Call Centers [1409 - 1413] ( Article 2 added by Stats. 2022, Ch. 752, Sec. 4. )

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    The Labor Commissioner and the Employment Development Department may adopt rules and regulations to carry out this 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 4. Relocations, Terminations, and Mass Layoffs [1400 - 1413] ( Chapter 4 added by Stats. 2002, Ch. 780, Sec. 1. ) ## ARTICLE 2. Relocation of Call Centers [1409 - 1413] ( Article 2 added by Stats. 2022, Ch. 752, Sec. 4. ) ## 1413. The Labor Commissioner and the Employment Development Department may adopt rules and regulations as necessary and proper to effectuate the purposes of this article, in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (Added by Stats. 2022, Ch. 752, Sec. 4. (AB 1601) Effective January 1, 2023.)
  9. 142.

    ## 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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    The Division of Occupational Safety and Health must enforce the occupational safety and health standards covered by this chapter.

    ## 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. ) ## 142. The Division of Occupational Safety and Health shall enforce all occupational safety and health standards adopted pursuant to this chapter, and those heretofore adopted by the Industrial Accident Commission or the Industrial Safety Board. General safety orders heretofore adopted by the Industrial Accident Commission or the Industrial Safety Board shall continue to remain in effect, but they may be amended or repealed pursuant to this chapter. (Amended by Stats. 2002, Ch. 1124, Sec. 40. Effective September 30, 2002.)
  10. 142.1.

    ## 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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    The board must meet at least monthly, hold open and public meetings, rotate meeting locations throughout the state, and give written notice and an agenda to people who request notice in writing.

    ## 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. ) ## 142.1. The board shall meet at least monthly. The meetings shall be rotated throughout the state at locations designated by the chairman. All meetings held by the board shall be open and public. Written notice of all meetings and a proposed agenda shall be given to all persons who make request for the notice in writing to the board. (Amended by Stats. 1985, Ch. 657, Sec. 1.)
  11. 142.2.

    ## 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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    The board must give interested persons time at its meetings to propose new or revised occupational safety and health orders or standards, and it must consider those proposals and report its decision within six months after receiving them.

    ## 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. ) ## 142.2. At each of its meetings, the board shall make time available to interested persons to propose new or revised orders or standards appropriate for adoption pursuant to this chapter or other items concerning occupational safety and health. The board shall consider such proposed orders or standards and report its decision no later than six months following receipt of such proposals. (Added by Stats. 1973, Ch. 993.)
  12. 142.3.

    ## 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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    The board may adopt, amend, or repeal occupational safety and health standards and orders, and it is the only state agency authorized to adopt those standards. It must also adopt standards at least as effective as federal standards within six months when federal standards are issued, and certain standards must be published or codified by the State Building Standards Commission.

    ## 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. ) ## 142.3. (a) (1) The board, by an affirmative vote of at least four members, may adopt, amend or repeal occupational safety and health standards and orders. The board shall be the only agency in the state authorized to adopt occupational safety and health standards. (2) The board shall adopt standards at least as effective as the federal standards for all issues for which federal standards have been promulgated under Section 6 of the Occupational Safety and Health Act of 1970 (P.L. 91-596) within six months of the promulgation date of the federal standards and which, when applicable to products which are distributed or used in interstate commerce, are required by compelling local conditions and do not unduly burden interstate commerce. (3) No standard or amendment to any standard adopted by the board that is substantially the same as a federal standard shall be subject to Article 5 (commencing with Section 11346) and Article 6 (commencing with Section 11349) of Chapter 3.5 of Part 1 of Division 3 of Title 2 of the Government Code. For purposes of this subdivision, “substantially the same” means identical to the federal standard with the exception of editorial and format differences needed to conform to other state laws and standards. (4) If a federal standard is promulgated and no state standard that is at least as effective as the federal standard is adopted by the board within six months of the date of promulgation of the federal standard, the following provisions shall apply unless adoption of the state standard is imminent: (A) If there is no existing state standard covering the same issues, the federal standard shall be deemed to be a standard adopted by the board and enforceable by the division pursuant to Section 6317. This standard shall not be subject to Article 5 (commencing with Section 11346) and Article 6 (commencing with Section 11349) of Chapter 3.5 of Part 1 of Division 3 of Title 2 of the Government Code. (B) If a state standard is in effect at the time a federal standard is promulgated covering the same issue or issues, the board may adopt the federal standard, or a portion thereof, as a standard enforceable by the division pursuant to Section 6317; provided, however, if a federal standard or portion thereof is adopted which replaces an existing state standard or portion thereof, the federal standard shall be as effective as the state standard or portion thereof. No adoption of or amendment to any federal standard, or portion thereof shall be subject to Article 5 (commencing with Section 11346) and Article 6 (commencing with Section 11349) of Chapter 3.5 of Part 1 of Division 3 of Title 2 of the Government Code. (C) Any state standard adopted pursuant to subparagraph (A) or (B) shall become effective at the time the standard is filed with the Secretary of State, unless otherwise provided, but shall not take effect before the effective date of the equivalent federal standard and shall remain in effect for six months unless readopted by the board for an additional six months or superseded by a standard adopted by the board pursuant to paragraph (2) of subdivision (a). (D) Any standard adopted pursuant to subparagraph (A), (B), or (C), shall be published in Title 8 of the California Code of Regulations in a manner similar to any other standards adopted pursuant to paragraphs (1) and (2) of subdivision (a) of this section. (b) The State Building Standards Commission shall codify and publish in a semiannual supplement to the California Building Standards Code, or in a more frequent supplement if required by federal law, all occupational safety and health standards that would otherwise meet the definition of a building standard described in Section 18909 of the Health and Safety Code adopted by the board in the State Building Standards Code without reimbursement from the board. These occupational safety and health standards may also be published by the Occupational Safety and Health Standards Board in other provisions in Title 8 of the California Code of Regulations prior to publication in the California Building Standards Code if that other publication includes an appropriate identification of occupational safety and health standards contained in the other publication. (c) Any occupational safety or health standard or order promulgated under this section shall prescribe the use of labels or other appropriate forms of warning as are necessary to ensure that employees are apprised of all hazards to which they are exposed, relevant symptoms and appropriate emergency treatment, and proper conditions and precautions for safe use or exposure. Where appropriate, these standards or orders shall also prescribe suitable protective equipment and control or technological procedures to be used in connection with these hazards and shall provide for monitoring or measuring employee exposure at such locations and intervals and in a manner as may be necessary for the protection of employees. In addition, where appropriate, the occupational safety or health standard or order shall prescribe the type and frequency of medical examinations or other tests which shall be made available, by the employer or at his or her cost, to employees exposed to such hazards in order to most effectively determine whether the health of such employee is adversely affected by this exposure. (d) The results of these examinations or tests shall be furnished only to the Division of Occupational Safety and Health, the State Department of Health Services, any other authorized state agency, the employer, the employee, and, at the request of the employee, to his or her physician. (Amended by Stats. 2002, Ch. 1124, Sec. 41. Effective September 30, 2002.)
  13. 142.4.

    ## 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 says occupational safety and health standards and orders must be adopted, amended, or repealed under Chapter 3.5, unless this chapter changes that process. It also delays expiration of a specified 120-day period when an emergency regulation is based on a federal emergency temporary standard.

    ## 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. ) ## 142.4. (a) Occupational safety and health standards and orders shall be adopted, amended, or repealed as provided in Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, except as modified by this chapter. (b) If an emergency regulation is based upon an emergency temporary standard published in the Federal Register by the Secretary of Labor pursuant to Section 6(c)(1) of the Federal Occupational Safety and Health Act of 1970 (P.L. 91-596; 29 U.S.C. Sec. 655(c)(1)), the 120-day period specified in Section 11346.1 of the Government Code shall be deemed not to expire until 120 days after a permanent standard is promulgated by the Secretary of Labor pursuant to Section 6(c)(3) of the Federal Occupational Safety and Health Act of 1970 (29 U.S.C. Sec. 655(c)(3)). (Amended by Stats. 2006, Ch. 538, Sec. 478. Effective January 1, 2007.)
  14. 142.7.

    ## 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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    The board must adopt an occupational safety and health standard for hazardous substance removal work and include specified safety, certification, supervision, and conference requirements.

    ## 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. ) ## 142.7. (a) On or before October 1, 1987, the board shall adopt an occupational safety and health standard concerning hazardous substance removal work, so as to protect most effectively the health and safety of employees. The standard shall include, but not be limited to, requirements for all of the following: (1) Specific work practices. (2) Certification of all employees engaged in hazardous substance removal-related work, except that no certification shall be required for an employee whose only activity is the transportation of hazardous substances which are subject to the requirement for a certificate under Section 12804.1 of the Vehicle Code. (3) Certification of supervisors with sufficient experience and authority to be responsible for hazardous substance removal work. (4) Designation of a qualified person who shall be responsible for scheduling any air sampling, laboratory calibration of sampling equipment, evaluation of soil or other contaminated materials sampling results, and for conducting any equipment testing and evaluating the results of the tests. (5) Requiring that a safety and health conference be held for all hazardous substance removal jobs before the start of actual work. The conference shall include representatives of the owner or contracting agency, the contractor, the employer, employees, and employee representatives, and shall include a discussion of the employer’s safety and health program and the means, methods, devices, processes, practices, conditions, or operations which the employer intends to use in providing a safe and healthy place of employment. (b) For purposes of this section, “hazardous substance removal work” means cleanup work at any of the following: (1) A site where removal or remedial action is taken pursuant to either of the following: (A) Part 2 (commencing with Section 78000) of Division 45 of the Health and Safety Code, regardless of whether the site is listed pursuant to Article 5 (commencing with Section 78760) of Chapter 4 of Part 2 of Division 45 of the Health and Safety Code. (B) The federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. Sec. 9601 et seq.). (2) A site where corrective action is taken pursuant to Section 25187 or 25200.10 of the Health and Safety Code or the federal Resource Conservation and Recovery Act of 1976 (42 U.S.C. Sec. 6901 et seq.). (3) A site where cleanup of a discharge of a hazardous substance is required pursuant to Division 7 (commencing with Section 13000) of the Water Code. (4) A site where removal or remedial action is taken because a hazardous substance has been discharged or released in an amount that is reportable pursuant to Section 13271 of the Water Code or the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. Sec. 9601 et seq.). “Hazardous substance removal work” does not include work related to a hazardous substance spill on a highway. (c) Until the occupational safety and health standard required by subdivision (a) is adopted by the board and becomes effective, the occupational safety and health standard concerning hazardous substance removal work shall be the standard adopted by the federal government and codified in Section 1910.120 of Title 29 of the Code of Federal Regulations. In addition, before actual work is started on a hazardous substance removal job, a safety and health conference shall be held that shall include the participants and involve a discussion of the subjects described in paragraph (5) of subdivision (a). (Amended by Stats. 2022, Ch. 258, Sec. 114. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.)
  15. 1420.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4.2. Property Service Workers Protection [1420 - 1434] ( Part 4.2 added by Stats. 2016, Ch. 373, Sec. 1. )

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    This section defines key terms used in Part 4.2, including commissioner, covered worker, employer, covered successor employer, and several pay and work-related terms.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4.2. Property Service Workers Protection [1420 - 1434] ( Part 4.2 added by Stats. 2016, Ch. 373, Sec. 1. ) ## 1420. For purposes of this part: (a) “Commissioner” means the Labor Commissioner of the Division of Labor Standards Enforcement of the department. (b) (1) “Covered worker” means a janitor, including any individual predominantly working, whether as an employee, independent contractor, or franchisee, as a janitor, as that term is defined in the Service Contract Act Directory of Occupations maintained by the United States Department of Labor. (2) “Covered worker” does not include any individual whose work duties are predominantly final cleanup of debris, grounds, and buildings near the completion of a construction, alteration, demolition, installation, or repair work project, including, but not limited to, street cleaners. (c) “Current and valid registration” means an active registration pursuant to this part that is not expired or revoked. (d) “Department” means the Department of Industrial Relations. (e) “Director” means the Director of Industrial Relations. (f) “Division” means the Division of Labor Standards Enforcement. (g) (1) “Employer” means any person or entity that employs at least one covered worker or otherwise engages by contract, subcontract, or franchise agreement for the provision of janitorial services by one or more covered workers. The term “employer” includes the term “covered successor employer,” but does not include an entity that is the recipient of the janitorial services. (2) “Covered successor employer” means an employer who meets one or more of the following criteria: (A) Uses substantially the same equipment, supervisors, and workforce to offer substantially the same services to substantially the same clients as a predecessor employer, unless the employer maintains the same workforce pursuant to Chapter 4.5 (commencing with Section 1060) of Part 3. In addition, an employer who has operated with a current and valid registration for at least the preceding three years shall not be considered a covered successor employer for using substantially the same equipment, supervisors, and workforce to substantially the same clients, if all of the following apply: (i) The individuals in the workforce were not referred or supplied for employment by the predecessor employer to the successor employer. (ii) The successor employer has not had any interest in, or connection with, the operation, ownership, management, or control of the business of the predecessor employer within the preceding three years. (B) Shares in the ownership, management, control of the workforce, or interrelations of business operations with the predecessor employer. (C) Is an immediate family member of any owner, partner, officer, licensee, or director of the predecessor employer or of any person who had a financial interest in the predecessor employer. “Immediate family member” means a spouse, parent, sibling, son, daughter, uncle, aunt, niece, nephew, grandparent, grandson, granddaughter, mother-in-law, father-in-law, brother-in-law, sister-in-law, or cousin. (h) “Production rates” means the average number of square feet the employee cleaned each hour during their shift, calculated by dividing the cleanable square footage of the property cleaned by the total hours worked to clean that square footage. (i) “Shift” means designated hours of work by an employee, with a designated beginning time and quitting time. (j) “Square footage” means a unit of area equal to a square one foot long on each side. (k) “Supervisor” has the same meaning as in subdivision (t) of Section 12926 of the Government Code. (Amended by Stats. 2024, Ch. 394, Sec. 1. (AB 2364) Effective January 1, 2025.)
  16. 1421.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4.2. Property Service Workers Protection [1420 - 1434] ( Part 4.2 added by Stats. 2016, Ch. 373, Sec. 1. )

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    Every employer must keep accurate employment 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 4.2. Property Service Workers Protection [1420 - 1434] ( Part 4.2 added by Stats. 2016, Ch. 373, Sec. 1. ) ## 1421. Every employer shall keep accurate records for three years, showing all of the following: (a) The names and addresses of all employees engaged in rendering actual services for any business of the employer. (b) The hours worked daily by each employee, including the times the employee begins and ends each work period. (c) The wage and wage rate paid each payroll period. (d) The age of all minor employees. (e) Any other conditions of employment. (f) The names, addresses, periods of work, and compensation paid to all other covered workers. (Amended by Stats. 2019, Ch. 24, Sec. 27. (SB 83) Effective June 27, 2019.)
  17. 1422.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4.2. Property Service Workers Protection [1420 - 1434] ( Part 4.2 added by Stats. 2016, Ch. 373, Sec. 1. )

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    The Division of Labor Standards Enforcement must enforce this part, and the commissioner may adopt regulations needed to carry it out.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4.2. Property Service Workers Protection [1420 - 1434] ( Part 4.2 added by Stats. 2016, Ch. 373, Sec. 1. ) ## 1422. The Division of Labor Standards Enforcement shall enforce this part. The commissioner may adopt any regulations necessary to carry out this part. (Added by Stats. 2016, Ch. 373, Sec. 1. (AB 1978) Effective January 1, 2017.)
  18. 1423.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4.2. Property Service Workers Protection [1420 - 1434] ( Part 4.2 added by Stats. 2016, Ch. 373, Sec. 1. )

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    Every employer must register with the commissioner every year.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4.2. Property Service Workers Protection [1420 - 1434] ( Part 4.2 added by Stats. 2016, Ch. 373, Sec. 1. ) ## 1423. Effective July 1, 2018, every employer shall register with the commissioner annually. (Added by Stats. 2016, Ch. 373, Sec. 1. (AB 1978) Effective January 1, 2017.)
  19. 1424.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4.2. Property Service Workers Protection [1420 - 1434] ( Part 4.2 added by Stats. 2016, Ch. 373, Sec. 1. )

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    The Division of Labor Standards Enforcement must give registrants supplemental information when a registration certificate is first issued or renewed, and covered employers must give covered workers the CRD-185 “Sexual Harassment” pamphlet.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4.2. Property Service Workers Protection [1420 - 1434] ( Part 4.2 added by Stats. 2016, Ch. 373, Sec. 1. ) ## 1424. When a certificate of current and valid registration is originally issued or renewed under this part, the Division of Labor Standards Enforcement shall provide related and supplemental information to the registrant regarding business administration and applicable labor laws. As of July 1, 2018, employers covered by this part shall provide all covered workers a copy of the Civil Rights Department pamphlet CRD-185, entitled “Sexual Harassment,” until the sexual violence and harassment prevention training requirement is established pursuant to Section 1429.5. (Amended by Stats. 2022, Ch. 48, Sec. 60. (SB 189) Effective June 30, 2022.)
  20. 1425.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4.2. Property Service Workers Protection [1420 - 1434] ( Part 4.2 added by Stats. 2016, Ch. 373, Sec. 1. )

    Verify source ↗

    Current and valid registration must be proved with an official Division of Labor Standards Enforcement registration form, and the Division must issue separate registrations for registrants with employees and registrants with no employees.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4.2. Property Service Workers Protection [1420 - 1434] ( Part 4.2 added by Stats. 2016, Ch. 373, Sec. 1. ) ## 1425. Proof of current and valid registration shall be by an official Division of Labor Standards Enforcement registration form. The Division of Labor Standards Enforcement shall issue two types of registrations, one for registrants with employees and one for registrants with no employees. (Amended by Stats. 2019, Ch. 715, Sec. 3. (AB 547) Effective January 1, 2020.)
  21. 1426.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4.2. Property Service Workers Protection [1420 - 1434] ( Part 4.2 added by Stats. 2016, Ch. 373, Sec. 1. )

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    The Division of Labor Standards Enforcement must send each registrant a renewal notice to the registrant’s last known address at least 60 days before registration expires.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4.2. Property Service Workers Protection [1420 - 1434] ( Part 4.2 added by Stats. 2016, Ch. 373, Sec. 1. ) ## 1426. At least 60 days prior to the expiration of each registrant’s registration, the Division of Labor Standards Enforcement shall send a renewal notice to the last known address of the registrant. However, omission of the Division of Labor Standards Enforcement to provide the renewal notice in accordance with this section shall not excuse a registrant from making timely application for renewal of registration, shall not be a defense in any action or proceeding involving failure to renew registration, and shall not subject the Division of Labor Standards Enforcement to any legal liability. (Added by Stats. 2016, Ch. 373, Sec. 1. (AB 1978) Effective January 1, 2017.)
  22. 1427.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4.2. Property Service Workers Protection [1420 - 1434] ( Part 4.2 added by Stats. 2016, Ch. 373, Sec. 1. )

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    Employers must pay a $500 initial application fee and a $500 annual fee; the labor standards agency may periodically adjust the registration fee.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4.2. Property Service Workers Protection [1420 - 1434] ( Part 4.2 added by Stats. 2016, Ch. 373, Sec. 1. ) ## 1427. The Division of Labor Standards Enforcement shall collect from each employer an initial nonrefundable application fee of five hundred dollars ($500), and an annual fee of five hundred dollars ($500) on the anniversary date of initial application, and may periodically adjust the registration fee in an amount sufficient to fund all direct and indirect costs to administer and enforce this part. (Added by Stats. 2016, Ch. 373, Sec. 1. (AB 1978) Effective January 1, 2017.)
  23. 1428.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4.2. Property Service Workers Protection [1420 - 1434] ( Part 4.2 added by Stats. 2016, Ch. 373, Sec. 1. )

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    An employer may not run any janitorial business unless it complies with this part’s registration requirements.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4.2. Property Service Workers Protection [1420 - 1434] ( Part 4.2 added by Stats. 2016, Ch. 373, Sec. 1. ) ## 1428. An employer shall not conduct any janitorial business without complying with the registration requirements of this part. The commissioner may revoke a registration if the commissioner finds an employer to be out of compliance with any requirement of this part or to have failed to satisfy any of the conditions of Section 1429. (Amended by Stats. 2019, Ch. 24, Sec. 28. (SB 83) Effective June 27, 2019.)
  24. 1429.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4.2. Property Service Workers Protection [1420 - 1434] ( Part 4.2 added by Stats. 2016, Ch. 373, Sec. 1. )

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    An employer’s registration cannot be approved until the listed application information, fee, and training attestation requirements are met.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4.2. Property Service Workers Protection [1420 - 1434] ( Part 4.2 added by Stats. 2016, Ch. 373, Sec. 1. ) ## 1429. The Division of Labor Standards Enforcement shall not approve the registration of any employer until all of the following conditions are satisfied: (a) The employer has executed a written application, in a form prescribed by the commissioner and subscribed and sworn to by the employer, containing all of the following: (1) The name of the business entity and, if applicable, its fictitious or “doing business as” name. (2) The form of the business entity and, if a corporation, all of the following: (A) The date of incorporation. (B) The state in which incorporated. (C) If a foreign corporation, the date the articles of incorporation were filed with the California Secretary of State. (D) Whether the corporation is in good standing with the California Secretary of State. (3) The federal employer identification number (FEIN) and the state employer identification number (SEIN) of the business. (4) The address of the business and the telephone number and, if applicable, the addresses and telephone numbers of any branch locations, and the name of any subcontractor or franchise servicing the contracts. (5) Whether the application is for a new or renewal registration and, if the application is for a renewal, the prior registration number. (6) The names, residential addresses, telephone numbers, and social security or taxpayer identification numbers of the following persons: (A) All corporate officers, if the business entity is a corporation. (B) All persons exercising management responsibility in the applicant’s office, regardless of form of business entity. (C) All persons, except bona fide covered workers on regular salaries, who have a financial interest of 10 percent or more in the business, regardless of the form of business entity, and the actual percent owned by each of those persons. (7) The policy number, effective date, expiration date, and name and address of the carrier of the applicant business’ current workers’ compensation coverage for all applicants who employ one or more employees and are required to secure workers’ compensation insurance under Section 3700. (8) (A) Whether the employer and any persons named in response to subparagraph (A), (B), or (C) of paragraph (6) presently: (i) Owe any unpaid wages. (ii) Have unpaid wage and hour final judgments outstanding or have not fully satisfied the terms of any administrative settlement pursuant to the Civil Rights Department processes or a final judicial decree for any final judgment for a violation of the California Fair Employment and Housing Act. (iii) Have any wage and hour liens or suits pending in court against them or pending California Fair Employment and Housing Act claims. (iv) Owe any unpaid and outstanding payroll taxes, or personal, partnership, or corporate income taxes, Social Security taxes, or disability insurance. (B) An applicant who answers affirmatively to any item described in subparagraph (A) shall provide, as part of the application, additional information on the unpaid amounts, including the name and address of the party owed, the amount owed, and any existing payment arrangements. (9) (A) Whether the employer and any persons named in response to subparagraph (A), (B), or (C) of paragraph (6) have ever been cited or assessed any penalty for violating any provision of this code. (B) An applicant who answers affirmatively to any item described in subparagraph (A) shall provide additional information, as part of the application, on the date, nature of citation, amount of penalties assessed for each citation, and the disposition of the citation, if any. The application shall describe any appeal filed. If the citation was not appealed, or if it was upheld on appeal, the applicant shall state whether the penalty assessment was paid. (10) Effective January 1, 2020, all new applications for registration and renewal of registration shall demonstrate completion of the sexual violence and harassment prevention training requirements prescribed by the division and developed pursuant to Section 1429.5 by providing written attestation to the commissioner that the training has been provided as required. Effective January 1, 2022, the attestation shall include whether the training was provided by a peer trainer and an explanation as to why a peer trainer was not used if a peer trainer did not provide the required training. (11) Such other information as the commissioner requires for the administration and enforcement of this part. (b) The employer has paid a registration fee to the Division of Labor Standards Enforcement pursuant to Section 1427. (c) Notwithstanding any other law, violation of this section shall not be a crime. (Amended by Stats. 2022, Ch. 48, Sec. 61. (SB 189) Effective June 30, 2022.)
  25. 1429.5.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4.2. Property Service Workers Protection [1420 - 1434] ( Part 4.2 added by Stats. 2016, Ch. 373, Sec. 1. )

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    This section requires covered employers to provide biennial in-person sexual violence and harassment prevention training and sets rules for approved trainers, organizations, payment, and compliance documentation.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4.2. Property Service Workers Protection [1420 - 1434] ( Part 4.2 added by Stats. 2016, Ch. 373, Sec. 1. ) ## 1429.5. (a) The Division of Labor Standards Enforcement shall establish by January 1, 2019, a biennial in-person sexual violence and harassment prevention training requirement to be provided by employers governed by this part for nonsupervisory covered workers and supervisors of nonsupervisory covered workers. The training content and qualifications for trainers for supervisory workers shall be consistent with the training requirements of Section 12950.1 of the Government Code and subsequent amendments to those requirements. The training content for nonsupervisors shall also be consistent with the requirements of Section 12950.1 of the Government Code and subsequent amendments to those requirements. The qualifications for trainers for nonsupervisors are set forth in this section. The training required under this section shall be in lieu of, and not in addition to, the requirements for training under Section 12950.1 of the Government Code, as long as the training pursuant to this section meets or exceeds the requirements for training under Section 12950.1 of the Government Code, apart from the aforementioned distinction regarding trainer qualification for nonsupervisory training. (b) To assist in developing these standards, the director shall convene a training advisory committee to recommend requirements for a sexual harassment prevention training program. The training advisory committee shall be composed of representatives of the Division of Labor Standards Enforcement, the Division of Occupational Safety and Health, and the Civil Rights Department, and shall also include representatives from a recognized or certified collective bargaining agent that represents janitorial workers, employers, labor-management groups in the janitorial industry, sexual assault victims advocacy groups, and other related subject matter experts. The director shall convene the training advisory committee by July 1, 2017. The training advisory committee shall consider the requirements of Section 12950.1 of the Government Code when developing the recommended standard. The Division of Labor Standards Enforcement shall propose the requirements for the sexual violence and harassment prevention training requirement by January 1, 2018. (c) The director shall convene a training advisory committee to assist in compiling a list of qualified organizations that shall provide to employers the qualified peer trainers that employers shall use to provide the required training to nonsupervisors, as described below. The training advisory committee shall be composed of representatives from a recognized or certified collective bargaining agent that represents janitorial workers, representatives of janitorial workers, janitorial employers, and sexual assault victims advocates. By January 1, 2021, the department shall make available on its internet website the list of qualified organizations that employers shall use to locate a qualified peer trainer in a particular county to provide the required nonsupervisory training. The qualified organization shall provide to the Division of Labor Standards Enforcement the name, contact information, and service area of the qualified organization for inclusion on the website. (d) The Division of Labor Standards Enforcement shall require employers covered by this part subject to the biennial training requirement to provide the training content developed by the Labor Occupational Health Program (LOHP) under the direction of the director, or as amended in the future by the director. (e) (1) Employers covered by this part subject to the biennial training requirement shall use a qualified organization from the list maintained by the director to provide the required training to nonsupervisors. Qualified organizations shall provide qualified peer trainers that employers covered by this part shall use to provide the required training to nonsupervisors. (2) Until January 1, 2026, unless an alternative payment option has been agreed to under a collective bargaining agreement, the employer shall pay the qualified organization as follows: (A) Eighty dollars ($80) per participant for training sessions having 10 or more participants. (B) Two hundred dollars ($200) per participant for training sessions having fewer than 10 participants. (3) On and after January 1, 2026, and each year thereafter, the rates the employer shall pay the qualified organization shall increase by the percentage reflected in the most recent annual average California Price Index Changes - California (All Urban Consumers) report issued by the Department of Industrial Relations. (4) A covered employer shall document compliance with the training requirement by completing and signing a form, to be developed by the Division of Labor Standards Enforcement, certifying that the training was conducted and that the qualified organization was paid in full, and the form shall be produced upon request of the Division of Labor Standards Enforcement. A covered employer shall also document compliance with the training requirement by ensuring that each participant sign in and sign out on a sign-in sheet, using printed writing and signature, at the commencement and completion of training, in addition to any regulatory documentation retention requirements adopted by the Division of Labor Standards Enforcement. (f) The training advisory committee shall recommend the qualified organizations to the director. A qualified organization shall be a nonprofit corporation as described in subsection (c) of Section 501 of the Internal Revenue Code of the United States (26 U.S.C. 501(c)), that on its own or through its training partners complies with all of the following: (1) Have and maintain at least 30 qualified peer trainers who are available to provide training to nonsupervisors covered workers as required under this part. (2) Have access to local and regional sexual violence-related trauma services and resources for local referrals documented through letters of acknowledgment from service providers. (3) Be committed to ongoing education and development as documented by a minimum of 10 hours of professional development each year for qualified organization staff and peer trainers in areas of research and strategies to prevent and respond to sexual assault and sexual harassment. (4) Have seven years of demonstrated experience working with employers to provide training to employees both on and off the worksite in the janitorial industry, including seven years demonstrated experience working with immigrant low-wage workers. (g) To be qualified as a peer trainer under this section, a person shall have the training, knowledge, and experience necessary to train nonsupervisory covered workers and shall, at the minimum, have all of the following qualifications: (1) At least a cumulative 40 hours of sexual assault advocate training in the following areas: (A) Survivor-centered and trauma-informed principles and techniques. (B) The long-term effects of sexual trauma and the intersection of discrimination, oppression, and sexual violence. (C) The availability of local, state, and national resources for survivors of sexual violence. (D) Interactive teaching strategies that engage across multiple literacy levels. (E) Conducting discrimination, retaliation, and sexual harassment prevention training. (F) Responding to sexual harassment complaints or other discrimination complaints. (G) Employer responsibility to conduct investigations of sexual harassment complaints. (H) Advising covered workers regarding discrimination, retaliation, and sexual harassment prevention. (2) Have two years of nonsupervisory work experience in the janitorial or property service industry. (3) Be culturally competent and fluent in the language or languages that the relevant covered workers understand. (h) The director shall maintain the list of qualified organizations. The list shall be updated by the director with assistance from the training advisory committee at least once every three years. The director may approve qualified organizations on an ongoing basis, if they meet the qualifications required by subdivision (f). The fee per participant may be adjusted by the Labor Commissioner as needed. (i) The training advisory committee shall meet at least once every three years to review and update the list of qualified organizations and qualified peer trainers. (j) A qualified organization may work with a training partner to provide the required training, provided that the qualified organization has entered into a written partnership agreement with the training partner. As used in this subdivision, “training partner” means a nonprofit, worker center, or labor organization with at least two years of demonstrated experience in addressing workplace sexual abuse, immigrants’ rights advocacy, and worker rights advocacy. (k) (1) If the internet website list of qualified organizations that provide peer trainers to employers required to provide training to nonsupervisors under this section indicates there is no qualified peer trainer available to provide training in a specific county, or if none of the qualified trainers are available to meet an employer’s training needs, an employer may use a trainer as prescribed by the Civil Rights Department with respect to sexual harassment training and education to provide training to covered workers working in that specific county. (2) An employer governed by this part shall be deemed to be in compliance with the requirement to use a peer trainer to provide the required training if they contracted with a qualified organization that was listed on the department’s internet website at the time of the training. (Amended by Stats. 2024, Ch. 394, Sec. 2. (AB 2364) Effective January 1, 2025.)
  26. 1429.6.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4.2. Property Service Workers Protection [1420 - 1434] ( Part 4.2 added by Stats. 2016, Ch. 373, Sec. 1. )

    Verify source ↗

    The department must commission a study on janitorial worker safety and employment rights, and the UCLA Labor Center must issue a report by May 1, 2026.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4.2. Property Service Workers Protection [1420 - 1434] ( Part 4.2 added by Stats. 2016, Ch. 373, Sec. 1. ) ## 1429.6. (a) The department shall contract with the University of California, Los Angeles Labor Center to conduct a study evaluating opportunities to improve worker safety and safeguard employment rights in the janitorial industry. The University of California, Los Angeles Labor Center may subcontract, in whole or in part, the responsibility for conducting the study to another University of California Labor Center; the Labor Occupational Health Program, University of California, Berkeley; the University of California, San Francisco, Division of Occupational, Environmental, and Climate Medicine; the University of California, Berkeley, School of Public Health, Division of Environmental Health Sciences; or the California Center of Occupational and Environmental Health. (b) The entity or entities with which a contract or subcontract is entered into pursuant to subdivision (a) shall conduct the study in the manner described in this section. No later than May 1, 2026, the University of California, Los Angeles Labor Center and its subcontractors, if any, shall issue a report that includes, but is not limited to, all of the following: (1) Typical production rates in the janitorial industry based on cleaning frequency and the type of public and private sector facility being cleaned. The information shall be derived, in part and where available, from janitorial service contracts pertaining to the largest state and local government facilities, public university and community college facilities, and the largest commercial real estate and high-tech and biotech facilities in the following counties: Alameda, Los Angeles, Orange, Sacramento, San Diego, San Mateo, and Santa Clara. The names of the contracting entity and the janitorial contractor may be omitted in the report. (2) Production rates before, during, and after the COVID-19 public health emergency. (3) Assessment of the risk of ergonomic and other injuries associated with cleaning frequencies and production rates. (4) Analysis of California workers’ compensation data in the janitorial industry showing types of injury, frequency of reporting, and cost of treatment over the last 10 years. (5) The prevalence of wage theft in the janitorial industry and how it impacts production rates and worker recruitment and retention. (6) Whether production rates and the prevalence of wage theft differ between employers that are signatories to collective bargaining agreements and those that are not. (7) The impacts of gender, race, national origin, disability, and age on production rates and compliance with labor laws. (c) No later than June 15, 2025, the department shall convene an advisory committee comprised of representatives from the department, the Division of Occupational Safety and Health, the Division of Workers’ Compensation, the Civil Rights Department, a recognized or certified collective bargaining agent that represents janitorial workers throughout the state, employers and labor management groups in the janitorial industry, the University of California, Los Angeles Labor Center, and other relevant subject matter experts to make recommendations regarding the scope of the study required pursuant to subdivision (b). (d) If the advisory committee does not issue recommendations regarding the scope of the study by August 15, 2025, the University of California, Los Angeles Labor Center and its subcontractors, if any, shall complete the study pursuant to the factors listed in subdivision (b) in a manner that best fulfills the purposes of this section. (e) On or before May 15, 2026, the department shall forward the completed report described in subdivision (b) to the members of the advisory committee and the Chairs of the Assembly Committee on Labor and Employment and the Senate Committee on Labor, Public Employment and Retirement. The report shall be submitted in compliance with Section 9795 of the Government Code. (f) In conducting the study required pursuant to subdivision (b), the University of California, Los Angeles and any subcontractors shall consider and be guided by the recommendations of the advisory committee, if any, only so long as the recommendations would not substantially increase the cost of the study or cause the report to be issued after the required submission date pursuant to subdivision (b). (g) This section shall remain in effect only until January 1, 2027, and as of that date is repealed. (Added by Stats. 2024, Ch. 394, Sec. 3. (AB 2364) Effective January 1, 2025. Repealed as of January 1, 2027, by its own provisions.)
  27. 143.

    ## 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. )

    Verify source ↗

    Employers may ask the board for a permanent variance from safety standards, and the board must issue it if the statutory showing is made.

    ## 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. ) ## 143. (a) Any employer may apply to the board for a permanent variance from an occupational safety and health standard, order, special order, or portion thereof, upon a showing of an alternate program, method, practice, means, device, or process which will provide equal or superior safety for employees. (b) The board shall issue such variance if it determines on the record, after opportunity for an investigation where appropriate and a hearing, that the proponent of the variance has demonstrated by a preponderance of the evidence that the conditions, practices, means, methods, operations, or processes used or proposed to be used by an employer will provide employment and places of employment to his employees which are as safe and healthful as those which would prevail if he complied with the standard. The variance so issued shall prescribe the conditions the employer must maintain, and the practices, means, methods, operations, and processes which he must adopt and utilize to the extent they differ from the standard in question. (c) The board is authorized to grant a variance from any standard or portion thereof whenever it determines such variance is necessary to permit an employer to participate in an experiment approved by the director designed to demonstrate or validate new and improved techniques to safeguard the health or safety of workers. (d) A permanent variance may be modified or revoked upon application by an employer, employees, or the division, or by the board on its own motion, in the manner prescribed for its issuance under this section at any time. (Amended by Stats. 1974, Ch. 1284.)
  28. 143.1.

    ## 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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    The board must hold hearings on permanent variance requests after employees or their representatives are notified and can appear.

    ## 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. ) ## 143.1. The board shall conduct hearings on such requests for a permanent variance after employees or employee representatives are properly notified and given an opportunity to appear. All board decisions on permanent variance requests shall be final except for any rehearing or judicial review provided for by law. (Added by Stats. 1973, Ch. 993.)
  29. 143.2.

    ## 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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    The board, acting as a whole, may adopt, amend, or repeal rules of practice and procedure for certain hearings and matters within its jurisdiction.

    ## 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. ) ## 143.2. The board, acting as a whole, may adopt, amend, or repeal rules of practice and procedure pertaining to hearings on applications for permanent variances, variance appeals, and other matters within its jurisdiction. All rules of practice and procedure amendments thereto, or repeal thereof, shall be made in accordance with the provisions of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (Amended by Stats. 2004, Ch. 183, Sec. 255. Effective January 1, 2005.)
  30. 1430.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4.2. Property Service Workers Protection [1420 - 1434] ( Part 4.2 added by Stats. 2016, Ch. 373, Sec. 1. )

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    The Division of Labor Standards Enforcement may not register or renew an employer’s registration if the employer has unresolved wage, contribution, tax, settlement, or workers’ compensation judgment issues.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4.2. Property Service Workers Protection [1420 - 1434] ( Part 4.2 added by Stats. 2016, Ch. 373, Sec. 1. ) ## 1430. The Division of Labor Standards Enforcement shall not register or renew the registration of an employer in any of the following circumstances: (a) The employer has not fully satisfied any final judgment for unpaid wages due to an employee or former employee of a business for which the employer is required to register under this chapter. (b) The employer has failed to remit the proper amount of contributions required by the Unemployment Insurance Code or the Employment Development Department has made an assessment for those unpaid contributions against the employer that has become final and the employer has not fully paid the amount of delinquency for those unpaid contributions. (c) The employer has failed to remit the amount of Social Security and Medicare tax contributions required by the Federal Insurance Contributions Act (FICA) to the Internal Revenue Service and the employer has not fully paid the amount or delinquency for those unpaid contributions. (d) The employer has not fully satisfied the terms of any administrative settlement pursuant to the Civil Rights Department processes or a final judicial decree agreed upon with an employee or former employee of a business for which the employer is required to register under this part for any final judgment for a violation of Section 12940 of the Government Code. (e) The employer has not fully satisfied any final judgment for failing to secure valid workers’ compensation coverage as required by Section 3700. (Amended by Stats. 2022, Ch. 48, Sec. 63. (SB 189) Effective June 30, 2022.)
  31. 1431.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4.2. Property Service Workers Protection [1420 - 1434] ( Part 4.2 added by Stats. 2016, Ch. 373, Sec. 1. )

    Verify source ↗

    The commissioner must maintain a public database of property service employers on the department’s website.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4.2. Property Service Workers Protection [1420 - 1434] ( Part 4.2 added by Stats. 2016, Ch. 373, Sec. 1. ) ## 1431. The commissioner shall maintain a public database of property service employers, on the internet website of the department, including the name, address, registration number, whether the registrant is a nonemployee registrant exempt from the requirement to secure workers’ compensation coverage under Section 3700 of the Labor Code, and effective dates of registration. (Amended by Stats. 2019, Ch. 715, Sec. 6. (AB 547) Effective January 1, 2020.)
  32. 1432.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4.2. Property Service Workers Protection [1420 - 1434] ( Part 4.2 added by Stats. 2016, Ch. 373, Sec. 1. )

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    Employers must register under Section 1423, or they may face daily civil fines; related contracting violations and material misrepresentations also carry fines.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4.2. Property Service Workers Protection [1420 - 1434] ( Part 4.2 added by Stats. 2016, Ch. 373, Sec. 1. ) ## 1432. (a) An employer who fails to register pursuant to Section 1423 is subject to a civil fine of one hundred dollars ($100) for each calendar day that the employer is unregistered, not to exceed ten thousand dollars ($10,000). (b) Any person or entity that contracts with an employer who lacks a current and valid registration, as displayed on the online registration database at the time the contract is executed, extended, renewed, or modified, under this part on the date the person or entity enters into or renews a contract or subcontract for janitorial services with the employer is subject to a civil fine of not less than two thousand dollars ($2,000) nor more than ten thousand dollars ($10,000) in the case of a first violation, and a civil fine of not less than ten thousand dollars ($10,000) nor more than twenty-five thousand dollars ($25,000) for a subsequent violation. (c) An employer who makes a material misrepresentation in connection with an initial or renewal application is subject to a civil fine of ten thousand dollars ($10,000) per violation. (d) Notwithstanding any other provision of law, the authority to enforce this section is vested exclusively with the commissioner. The procedures for issuing, contesting, and enforcing judgments for citations or civil penalties issued by the commissioner shall be the same as those set forth in Section 1197.1. (Amended by Stats. 2019, Ch. 715, Sec. 7. (AB 547) Effective January 1, 2020.)
  33. 1433.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4.2. Property Service Workers Protection [1420 - 1434] ( Part 4.2 added by Stats. 2016, Ch. 373, Sec. 1. )

    Verify source ↗

    Money from registration fees, civil fines, and other designated amounts must be deposited into the Labor Enforcement and Compliance Fund.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4.2. Property Service Workers Protection [1420 - 1434] ( Part 4.2 added by Stats. 2016, Ch. 373, Sec. 1. ) ## 1433. (a) All registration fees collected pursuant to Section 1427, all civil fines collected pursuant to Section 1432, and any other moneys as are designated by statute or order shall be deposited in the Labor Enforcement and Compliance Fund. (b) Moneys deposited in the fund pursuant to Sections 1427 and 1432 shall be used only for the following purposes: (1) The reasonable costs of administering the registration of janitorial contractors pursuant to this part by the Division of Labor Standards and Enforcement. (2) The costs and obligations associated with the administration and enforcement of this part by the Division of Labor Standards and Enforcement. (c) The annual employer registration renewal fee specified in of Section 1427, and any adjusted application renewal fee, shall be set in amounts that are sufficient to support the direct costs and a reasonable percentage attributable to the indirect costs of the division for administering this part. (Amended by Stats. 2017, Ch. 561, Sec. 172. (AB 1516) Effective January 1, 2018.)
  34. 1434.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4.2. Property Service Workers Protection [1420 - 1434] ( Part 4.2 added by Stats. 2016, Ch. 373, Sec. 1. )

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    A successor employer can be liable for the predecessor employer’s unpaid wages, damages, and penalties if specified business or workforce continuity conditions are met.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4.2. Property Service Workers Protection [1420 - 1434] ( Part 4.2 added by Stats. 2016, Ch. 373, Sec. 1. ) ## 1434. A successor employer is liable for any wages, damages, and penalties its predecessor employer owes to any of the predecessor employer’s former workforce if the successor employer meets any of the following criteria: (a) Uses substantially the same workforce to offer substantially the same services as the predecessor employer. This factor does not apply to employers who maintain the same workforce pursuant to Chapter 4.5 (commencing with Section 1060) of Part 3. (b) Shares in the ownership, management, control of the labor relations, or interrelations of business operations with the predecessor employer. (c) Employs in a managerial capacity any person who directly or indirectly controlled the wages, hours, or working conditions of the affected workforce of the predecessor employer. (d) Is an immediate family member of any owner, partner, officer, or director of the predecessor employer of any person who had a financial interest in the predecessor employer. (Amended by Stats. 2019, Ch. 24, Sec. 32. (SB 83) Effective June 27, 2019.)
  35. 144.

    ## 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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    Some agencies may act under a written agreement, and their representatives must report imminent hazards and notify the safety division immediately.

    ## 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. ) ## 144. (a) The authority of any agency, department, division, bureau or any other political subdivision other than the Division of Occupational Safety and Health to assist in the administration or enforcement of any occupational safety or health standard, order, or rule adopted pursuant to this chapter shall be contained in a written agreement with the Department of Industrial Relations or an agency authorized by the department to enter into such agreement. (b) No such agreement shall deprive the Division of Occupational Safety and Health or other state agency to which authority has been delegated of any power or authority of the state agency. (c) Such an agreement may provide for the right of access of an authorized representative of the designated agency to enter any place of employment which is under the jurisdiction of the Division of Occupational Safety and Health. (d) If any representative of an agency operating under such an agreement becomes aware of an imminent hazard, he shall notify the employer and affected employees of the hazard and immediately notify the Division of Occupational Safety and Health. (e) Nothing in this section shall affect or limit the authority of any state or local agency as to any matter other than the enforcement of occupational safety and health standards adopted by the board; however, nothing herein shall limit or reduce the authority of local agencies to adopt and enforce higher standards relating to occupational safety and health for their own employees. (Amended by Stats. 1979, Ch. 72.)
  36. 144.5.

    ## 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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    The Division of Occupational Safety and Health must conduct workplace inspections, special investigations, and training, and must enter written agreements with local health departments when requested, subject to approval and timing rules.

    ## 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. ) ## 144.5. (a) The Division of Occupational Safety and Health in connection with the enforcement of occupational safety and health standards adopted pursuant to this chapter shall do all of the following: (1) Conduct inspections or investigations related to specific workplaces for the evaluation of occupational health problems or environmental conditions which may be harmful to the health of employees. (2) Upon request of any employer or employee, or on its own initiative, conduct special investigations or studies of occupational health problems which are unrelated to a specific enforcement action to the extent the circumstances indicate and priorities permit. (3) Provide a continuing program of training for safety engineers of the Division of Occupational Safety and Health in the recognition of health hazards, in dealing with such hazards that do not require specialized competence or equipment and in acquainting them with the skills available from the State Department of Health Services and local health agencies. (b) (1) When requested by a local health department, the Division of Occupational Safety and Health shall enter into a written agreement with such local health department to conduct inspections and evaluations of occupational health problems, including environmental and sanitary conditions, in places of employment. (2) Any such agreement shall be subject to the provisions of Section 144. It shall be entered into only after a finding that the local health department can meet the necessary standards of performance for inspections and evaluations to be conducted pursuant to the agreement. (3) Such agreement shall not be binding upon either party unless and until it has been fully approved by the United States Department of Labor. (4) Such agreements shall be completed by the Division of Occupational Safety and Health and submitted for approval to the United States Department of Labor not later than six months from the date of request by the local health department. (5) Inspection services performed under the agreement shall be conducted pursuant to the occupational safety and health standards adopted pursuant to this chapter. (Amended by Stats. 1979, Ch. 72.)
  37. 144.6.

    ## 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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    When setting standards for toxic materials or harmful physical agents, the board must choose the standard that best protects employee health to the extent feasible.

    ## 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. ) ## 144.6. In promulgating standards dealing with toxic materials or harmful physical agents, the board shall adopt that standard which most adequately assures, to the extent feasible, that no employee will suffer material impairment of health or functional capacity even if such employee has regular exposure to a hazard regulated by such standard for the period of his working life. Development of standards under this section shall be based upon research, demonstrations, experiments, and such other information as may be appropriate. In addition to the attainment of the highest degree of health and safety protection for the employee, other considerations shall be the latest available scientific data in the field, the reasonableness of the standards, and experience gained under this and other health and safety laws. Whenever practicable, the standard promulgated shall be expressed in terms of objective criteria and of the performance desired. (Amended by Stats. 1976, Ch. 963.)
  38. 144.7.

    ## 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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    The board must revise and adopt bloodborne pathogen regulations, and the state health and safety agencies must keep a sharps-injury technology list.

    ## 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. ) ## 144.7. (a) The board shall, no later than January 15, 1999, adopt an emergency regulation revising the bloodborne pathogen standard currently set forth in Section 5193 of Title 8 of the California Code of Regulations in accordance with subdivision (b). Following adoption of the emergency regulation, the board shall complete the regulation adoption process and shall formally adopt a regulation embodying a bloodborne pathogen standard meeting the requirements of subdivision (b), which regulation shall become operative no later than August 1, 1999. Notwithstanding Section 11346.1 of the Government Code, the emergency regulation adopted pursuant to this subdivision shall remain in effect until the nonemergency regulation becomes operative or until August 1, 1999, whichever first occurs. (b) The board shall adopt a standard, as described in subdivision (a), to be developed by the Division of Occupational Safety and Health. The standard shall include, but not be limited to, the following: (1) A revised definition of “engineering controls” that includes sharps injury prevention technology including, but not limited to, needleless systems and needles with engineered sharps injury protection, which shall be defined in the standard. (2) A requirement that sharps injury prevention technology specified in paragraph (1) be included as engineering or work practice controls, except in cases where the employer or other appropriate party can demonstrate circumstances in which the technology does not promote employee or patient safety or interferes with a medical procedure. Those circumstances shall be specified in the standard, and shall include, but not be limited to, circumstances where the technology is medically contraindicated or not more effective than alternative measures used by the employer to prevent exposure incidents. (3) A requirement that written exposure control plans include an effective procedure for identifying and selecting existing sharps injury prevention technology of the type specified in paragraph (1). (4) A requirement that written exposure control plans be updated when necessary to reflect progress in implementing the sharps injury prevention technology specified in paragraph (1). (5) A requirement that information concerning exposure incidents be recorded in a sharps injury log, including, but not limited to, the type and brand of device involved in the incident. (c) The Division of Occupational Safety and Health may consider and propose for adoption by the board additional revisions to the bloodborne pathogen standards to prevent sharps injuries or exposure incidents including, but not limited to, training requirements and measures to increase vaccinations. (d) The Division of Occupational Safety and Health and the State Department of Health Services shall jointly compile and maintain a list of existing needleless systems and needles with engineered sharps injury protection, which shall be available to assist employers in complying with the requirements of the bloodborne pathogen standard adopted pursuant to this section. The list may be developed from existing sources of information, including, but not limited to, the federal Food and Drug Administration, the federal Centers for Disease Control, the National Institute of Occupational Safety and Health, and the United States Department of Veterans Affairs. (Amended by Stats. 2001, Ch. 370, Sec. 2. Effective January 1, 2002.)
  39. 144.8.

    ## 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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    The board must adopt a safety and health standard for handling antineoplastic drugs in health care facilities.

    ## 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. ) ## 144.8. (a) As used in this section the following definitions shall apply: (1) “Antineoplastic drug” means a chemotherapeutic agent that controls or kills cancer cells. (2) “NIOSH” means the National Institute for Occupational Safety and Health. (b) The board shall adopt an occupational safety and health standard for the handling of antineoplastic drugs in health care facilities regardless of the setting. In developing the standard, the board shall consider input from hospitals, practicing physicians from impacted specialties, including oncology, organizations representing health care personnel, including registered nurses and pharmacists, and other stakeholders, and shall determine a reasonable time for facilities to implement new requirements imposed by the adopted standard. The standard, to the extent feasible, shall be consistent with and not exceed recommendations in the NIOSH 2004 alert entitled “Preventing Occupational Exposures to Antineoplastic and Other Hazardous Drugs in Health Care Settings,” as updated in 2010. The standard may incorporate applicable updates and changes to NIOSH guidelines. (Added by Stats. 2013, Ch. 678, Sec. 2. (AB 1202) Effective January 1, 2014.)
  40. 144.9.

    ## 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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    The division must submit a proposed plume-control regulation to the board by December 1, 2026, and the board must consider adoption by June 1, 2027.

    ## 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. ) ## 144.9. (a) As used in this section, the following definitions apply: (1) “Board” means the Occupational Safety and Health Standards Board. (2) “Division” means the Division of Occupational Safety and Health. (3) “Electrocautery device” means a device that is electrically heated to cut, ablate, or coagulate human tissue for therapeutic purposes. (4) “Electrosurgical device” means a device that uses a radio frequency electric current passing through the patient to cut, ablate, or coagulate human tissue for therapeutic purposes. (5) “Energy-based device” means a device that uses energy to ablate, cauterize, or mechanically manipulate target human tissue including lasers, electrosurgical generators, broadband light sources, ultrasonic instruments, plasma generators, bone saws, and drills. (6) “Health facility” means a health facility as defined in subdivision (a) of Section 1250 of the Health and Safety Code. (7) “Plume” means noxious airborne contaminants generated as byproducts of the use of energy-based devices, electrosurgical devices, electrocautery devices, or mechanical tools during surgical, diagnostic, or therapeutic procedures. (8) “Plume scavenging system” means smoke evacuators, laser plume evacuators, plume scavengers, and local exhaust ventilators that, when used in concert with other engineering controls and equipment, and to the extent technologically feasible, capture and neutralize plume at the site of origin and before plume can make ocular contact or contact with the respiratory tract of employees. (b) (1) By December 1, 2026, the division shall submit to the board a proposed regulation requiring a health facility to evacuate or remove plume to the extent technologically feasible through the use of a plume scavenging system in all settings that employ techniques that involve the creation of plume. (2) In developing regulations, the division shall do all of the following: (A) Evaluate using as a benchmark the standards titled “Systems for evacuation of plume generated by medical devices” (ISO 16571) adopted by the International Organization for Standardization and the standards titled “Plume scavenging in surgical, diagnostic, therapeutic, and aesthetic settings” (CSA Z305.13-13) adopted by the CSA Group. (B) Take into consideration recommendations on the evacuation of plume from the federal Occupational Safety and Health Administration and National Institute for Occupational Safety and Health. (C) Take into consideration the standards titled “Systems for evacuation of plume generated by medical devices” (ISO 16571) adopted by the International Organization for Standardization in developing a standard establishing how much plume shall be captured by a plume scavenging system. (D) Include a requirement in the regulation for employers to provide training to all workers foreseeably participating in procedures that involve the creation of plume. The training shall include, but not be limited to, general education on the contents of plume, the circumstances in which it is generated, the associated health and safety hazards, and appropriate use of the plume scavenging equipment and systems utilized by the health facility. The training shall be designed to provide an opportunity for interactive questions and answers with a person knowledgeable about occupational exposure to plume and the specific equipment utilized to scavenge plume. (E) Include a requirement that a plume scavenging system be included as engineering or work practice controls. (F) Include a requirement for appropriate practices and other controls necessary to prevent employee exposure to plume in situations where a plume scavenging system could interfere with a medical procedure. (c) (1) By June 1, 2027, the board shall consider for adoption a proposed regulation of the division requiring a health facility to evacuate or remove plume through the use of a plume scavenging system in all settings that employ techniques that involve the creation of plume. (2) Paragraph (1) does not limit the authority of the division to develop a regulation, or the authority of the board to adopt a regulation, that is broader in scope or broader in application than required by this section. (d) (1) This section does not alter, amend, expand, or reduce existing general room ventilation standards or requirements. Any plume scavenging standards adopted by the board are in addition to general room ventilation standards or requirements, and compliance with general room ventilation standards shall not satisfy the requirements of this section. (2) Evidence that the plume scavenging system conforms to the minimum requirements of this section when installed, operated, and maintained in accordance with the manufacturer’s instructions, shall be provided by the manufacturer. (e) (1) The use of surgical masks shall not satisfy the requirements of this section. (2) The use of respirators shall not satisfy the requirements of this section except when, due to medical necessity, the plume scavenging system is unable to be located where it effectively captures plume. (Added by Stats. 2023, Ch. 352, Sec. 2. (AB 1007) Effective January 1, 2024.)
  41. 145.

    ## 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. )

    Verify source ↗

    The board may hire needed staff, and those personnel are generally supervised by the board chair or a delegated executive officer.

    ## 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. ) ## 145. The board may employ necessary assistants, officers, experts, and such other employees as it deems necessary. All such personnel of the board shall be under the supervision of the chairman of the board or an executive officer to whom he delegates such responsibility. All such personnel shall be appointed pursuant to the State Civil Service Act (Part 1 (commencing with Section 18000) of Division 5 of Title 2 of the Government Code), except for the one exempt deputy or employee allowed by subdivision (e) of Section 4 of Article XXIV of the California Constitution. (Repealed and added by Stats. 1973, Ch. 993.)
  42. 145.1.

    ## 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. )

    Verify source ↗

    The board and its duly authorized representatives have the powers of a department head when performing their duties.

    ## 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. ) ## 145.1. The board and its duly authorized representatives in the performance of its duties shall have the powers of a head of a department as set forth in Article 2 (commencing with Section 11180) of Chapter 2 of Part 1 of Division 3 of Title 2 of the Government Code. (Added by Stats. 1973, Ch. 993.)
  43. 1450.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4.5. Domestic Work Employees [1450 - 1455] ( Part 4.5 added by Stats. 2013, Ch. 374, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [1450 - 1452] ( Chapter 1 added by Stats. 2013, Ch. 374, Sec. 1. )

    Verify source ↗

    This section says Part 4.5 is known and may be cited as the Domestic Worker Bill of Rights.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4.5. Domestic Work Employees [1450 - 1455] ( Part 4.5 added by Stats. 2013, Ch. 374, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [1450 - 1452] ( Chapter 1 added by Stats. 2013, Ch. 374, Sec. 1. ) ## 1450. This part shall be known and may be cited as the Domestic Worker Bill of Rights. (Added by Stats. 2013, Ch. 374, Sec. 1. (AB 241) Effective January 1, 2014.)
  44. 1451.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4.5. Domestic Work Employees [1450 - 1455] ( Part 4.5 added by Stats. 2013, Ch. 374, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [1450 - 1452] ( Chapter 1 added by Stats. 2013, Ch. 374, Sec. 1. )

    Verify source ↗

    This section defines key terms for domestic work, domestic work employees, domestic work employers, and personal attendants, and it gives some exclusions and a minimum-wage right for certain casual babysitters over 18.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4.5. Domestic Work Employees [1450 - 1455] ( Part 4.5 added by Stats. 2013, Ch. 374, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [1450 - 1452] ( Chapter 1 added by Stats. 2013, Ch. 374, Sec. 1. ) ## 1451. As used in this part, the following definitions apply: (a) (1) “Domestic work” means services related to the care of persons in private households or maintenance of private households or their premises. Domestic work occupations include childcare providers, caregivers of people with disabilities, sick, convalescing, or elderly persons, house cleaners, housekeepers, maids, and other household occupations. (2) “Domestic work” does not include care of persons in facilities providing board or lodging in addition to medical, nursing, convalescent, aged, or child care, including, but not limited to, residential care facilities for the elderly. (b) (1) “Domestic work employee” means an individual who performs domestic work and includes live-in domestic work employees and personal attendants. (2) “Domestic work employee” does not include any of the following: (A) Any person who performs services through the In-Home Supportive Services program under Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of, or Sections 14132.95, 14132.952, and 14132.956 of, the Welfare and Institutions Code. (B) Any person who is the parent, grandparent, spouse, sibling, child, or legally adopted child of the domestic work employer. (C) Any person under 18 years of age who is employed as a babysitter for a minor child of the domestic work employer in the employer’s home. (D) Any person employed as a casual babysitter for a minor child in the domestic employer’s home. A casual babysitter is a person whose employment is irregular or intermittent and is not performed by an individual whose vocation is babysitting. If a person who performs babysitting services on an irregular and intermittent basis does a significant amount of work other than supervising, feeding, and dressing a child, this exemption shall not apply and the person shall be considered a domestic work employee. A person who is a casual babysitter who is over 18 years of age retains the right to payment of minimum wage for all hours worked, pursuant to Wage Order No. 15-2001 of the Industrial Welfare Commission. (E) Any person employed by a licensed health facility, as defined in Section 1250 of the Health and Safety Code. (F) Any person who is employed pursuant to a voucher issued through a regional center or who is employed by, or contracts with, an organization vendored or contracted through a regional center or the State Department of Developmental Services pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) or the California Early Intervention Services Act (Title 14 (commencing with Section 95000) of the Government Code) to provide services and support for persons with developmental disabilities, as defined in Section 4512 of the Welfare and Institutions Code, when any funding for those services is provided through the State Department of Developmental Services. (G) Any person who provides child care and who, pursuant to subdivision (d) or (f) of Section 1596.792 of the Health and Safety Code, is exempt from the licensing requirements of Chapters 3.4 (commencing with Section 1596.70), 3.5 (commencing with Section 1596.90), and 3.6 (commencing with Section 1597.30) of Division 2 of the Health and Safety Code, if the parent or guardian of the child to whom child care is provided receives child care and development services pursuant to any program authorized under the Child Care and Development Services Act (Chapter 2 (commencing with Section 8200) of Part 6 of Division 1 of Title 1 of the Education Code) or the California Work Opportunity and Responsibility to Kids Act (Chapter 2 (commencing with Section 11200) of Part 3 of Division 9 of the Welfare and Institutions Code). (c) (1) “Domestic work employer” means a person, including corporate officers or executives, who directly or indirectly, or through an agent or any other person, including through the services of a third-party employer, temporary service, or staffing agency or similar entity, employs or exercises control over the wages, hours, or working conditions of a domestic work employee. (2) “Domestic work employer” does not include any of the following: (A) Any person or entity that employs or exercises control over the wages, hours, or working conditions of an individual who performs domestic work services through the In-Home Supportive Services program under Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of, or Sections 14132.95, 14132.952, and 14132.956 of, the Welfare and Institutions Code or who is eligible for that program. (B) An employment agency that complies with Section 1812.5095 of the Civil Code and that operates solely to procure, offer, refer, provide, or attempt to provide work to domestic workers if the relationship between the employment agency and the domestic workers for whom the agency procures, offers, refers, provides, or attempts to provide domestic work is characterized by all of the factors listed in subdivision (b) of Section 1812.5095 of the Civil Code and Section 687.2 of the Unemployment Insurance Code. (C) A licensed health facility, as defined in Section 1250 of the Health and Safety Code. (d) “Personal attendant” means any person employed by a private householder or by any third-party employer recognized in the health care industry to work in a private household, to supervise, feed, or dress a child, or a person who by reason of advanced age, physical disability, or mental deficiency needs supervision. The status of personal attendant shall apply when no significant amount of work other than the foregoing is required. For purposes of this subdivision, “no significant amount of work” means work other than the foregoing did not exceed 20 percent of the total weekly hours worked. (Added by Stats. 2013, Ch. 374, Sec. 1. (AB 241) Effective January 1, 2014.)
  45. 1452.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4.5. Domestic Work Employees [1450 - 1455] ( Part 4.5 added by Stats. 2013, Ch. 374, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [1450 - 1452] ( Chapter 1 added by Stats. 2013, Ch. 374, Sec. 1. )

    Verify source ↗

    The Governor must convene a committee of personal attendant and employer representatives, and the committee must study and report to the Governor on the effects of this part on personal attendants and their employers.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4.5. Domestic Work Employees [1450 - 1455] ( Part 4.5 added by Stats. 2013, Ch. 374, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [1450 - 1452] ( Chapter 1 added by Stats. 2013, Ch. 374, Sec. 1. ) ## 1452. The Governor shall convene a committee composed of personal attendants or their representatives and the employers of personal attendants or their representatives. The committee shall study and report to the Governor on the effects this part has on personal attendants and their employers. (Added by Stats. 2013, Ch. 374, Sec. 1. (AB 241) Effective January 1, 2014.)
  46. 1454.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4.5. Domestic Work Employees [1450 - 1455] ( Part 4.5 added by Stats. 2013, Ch. 374, Sec. 1. ) ## CHAPTER 2. Domestic Work Employee Rights [1454 - 1455] ( Chapter 2 added by Stats. 2013, Ch. 374, Sec. 1. )

    Verify source ↗

    A personal attendant who is a domestic work employee cannot be employed more than 9 hours in a workday or 45 hours in a workweek unless the employee gets overtime pay at 1.5 times the regular rate for the extra hours.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4.5. Domestic Work Employees [1450 - 1455] ( Part 4.5 added by Stats. 2013, Ch. 374, Sec. 1. ) ## CHAPTER 2. Domestic Work Employee Rights [1454 - 1455] ( Chapter 2 added by Stats. 2013, Ch. 374, Sec. 1. ) ## 1454. A domestic work employee who is a personal attendant shall not be employed more than nine hours in any workday or more than 45 hours in any workweek unless the employee receives one and one-half times the employee’s regular rate of pay for all hours worked over nine hours in any workday and for all hours worked more than 45 hours in the workweek. (Added by Stats. 2013, Ch. 374, Sec. 1. (AB 241) Effective January 1, 2014.)
  47. 1455.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4.5. Domestic Work Employees [1450 - 1455] ( Part 4.5 added by Stats. 2013, Ch. 374, Sec. 1. ) ## CHAPTER 2. Domestic Work Employee Rights [1454 - 1455] ( Chapter 2 added by Stats. 2013, Ch. 374, Sec. 1. )

    Verify source ↗

    The Division of Labor Standards Enforcement must run an outreach and education program for domestic work labor protections, with CBOs helping develop materials and a cap on administrative spending.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4.5. Domestic Work Employees [1450 - 1455] ( Part 4.5 added by Stats. 2013, Ch. 374, Sec. 1. ) ## CHAPTER 2. Domestic Work Employee Rights [1454 - 1455] ( Chapter 2 added by Stats. 2013, Ch. 374, Sec. 1. ) ## 1455. (a) (1) The Division of Labor Standards Enforcement, upon appropriation of funds to the division for purposes of this section, shall establish and maintain an outreach and education program. The purpose of the program shall be to promote awareness of, and compliance with, labor protections that affect the domestic work industry and to promote fair and dignified labor standards in this industry and other low-wage industries. (2) For purposes of this section: (A) “CBO” means community-based organization. (B) “Division” means the Division of Labor Standards Enforcement. (b) The program duration shall continue with an opportunity to expand or renew contingent on allocation of state funds or identification of other revenue sources. (c) The division shall issue a competitive request to CBOs to provide education and outreach services primarily focused on, but not limited to, domestic work employees and employers. CBOs shall have demonstrated experience in carrying out outreach and education directed at these populations, including knowledge of, and demonstrated familiarity with, issues facing the domestic work industry. (d) CBOs shall be responsible for developing, and consulting with the division regarding, the core education and outreach materials regarding minimum wage, overtime, sick leave, record-keeping, retaliation, and the division wage adjudication and retaliation process, including specific issues that affect certain industries, such as the domestic work industry, differently. CBOs shall be responsible for all costs related to the development, printing, advertising, or distribution of the education and outreach materials. The materials shall be translated into non-English languages as may be appropriate, as determined by the applicable CBO in consultation with the division. At the discretion of the division, the division shall have final approval over the education and outreach materials. (e) The division and CBOs shall meet biannually, or more frequently at the discretion of the division, to coordinate efforts around outreach, education, and enforcement, including sharing information, in accordance with applicable privacy and confidentiality laws, that will shape and inform the overall enforcement strategy of the division regarding low-wage industries, including the domestic work industry. (f) The division shall not expend more than 5 percent of the budget allocation on the administration of the program. (Amended by Stats. 2023, Ch. 39, Sec. 22. (AB 130) Effective July 10, 2023.)
  48. 146.

    ## 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. )

    Verify source ↗

    For hearings on permanent variances, the board and its representatives must follow the Government Code procedures specified here and keep a full, complete record of the proceedings.

    ## 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. ) ## 146. In the conduct of hearings related to permanent variances, the board and its representatives are not bound by common law or statutory rules of evidence or by technical or formal rules of procedure but shall conduct the hearings in accordance with Article 8 (commencing with Section 11435.05) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of, and Section 11513 of, the Government Code. A full and complete record shall be kept of all proceedings. (Amended by Stats. 1995, Ch. 938, Sec. 72.8. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938.)
  49. 147.

    ## 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. )

    Verify source ↗

    The board must refer certain proposed occupational safety or health standards or variances to the Division of Occupational Safety and Health for evaluation, and the division must send a report within 60 days after receipt.

    ## 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. ) ## 147. The board shall refer to the Division of Occupational Safety and Health for evaluation any proposed occupational safety or health standard or variance from adopted standards received by the board from sources other than the division. The division shall submit a report on the proposed standard or variance within 60 days of receipt thereof. (Amended by Stats. 1979, Ch. 72.)
  50. 147.1.

    ## 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. )

    Verify source ↗

    The Division of Occupational Safety and Health must carry out several functions related to developing and promulgating occupational health standards.

    ## 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. ) ## 147.1. In connection with the development and promulgation of occupational health standards the Division of Occupational Safety and Health shall perform all of the following functions: (a) Analyze proposed and new federal occupational health standards, evaluate their impact on California, determine any necessity for their modification, and present proposed standards to the board in sufficient time for the board to conduct hearings and adopt standards within the time required. (b) Maintain liaison with the National Institute of Occupational Safety and Health and the federal Occupational Safety and Health Administration in the development of recommended federal standards and when appropriate provide representation on federal advisory committees dealing with the development of occupational health standards. (c) On occupational health issues not covered by federal standards maintain surveillance, determine the necessity for standards, develop and present proposed standards to the board. (d) Evaluate any proposed occupational health standard or application for a variance of an occupational health standard received by the board, and submit a report to the board on the proposed standard or variance within 60 days of receipt thereof. (e) Appear and testify at board hearings and other public proceedings involving occupational health matters. (Amended by Stats. 1979, Ch. 72.)
  51. 147.2.

    ## 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. )

    Verify source ↗

    This section creates HESIS and requires it to collect, analyze, and share hazard information, while also imposing reporting duties on certain chemical businesses when HESIS makes a qualifying written request.

    ## 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. ) ## 147.2. (a) As used in this section, “Hazard Evaluation System and Information Service” or “HESIS” means the repository established pursuant to subdivision (b). (b) In accordance with Chapter 2 (commencing with Section 6350) of Part 1 of Division 5 of this code and Section 105175 of the Health and Safety Code, the Department of Industrial Relations, by interagency agreement with the State Department of Public Health, shall establish a repository of current data on toxic materials and harmful physical agents in use or potentially in use in places of employment in the state, known as the Hazard Evaluation System and Information Service, or HESIS. (c) HESIS shall fulfill all of the following functions: (1) Provide reliable information of practical use to employers, employees, representatives of employees, and other governmental agencies on the possible hazards to employees of exposure to toxic materials or harmful physical agents. (2) Collect and evaluate toxicological and epidemiological data and any other information that may be pertinent to establishing harmful effects on health of exposure to toxic materials or harmful physical agents. Nothing in this subdivision shall be construed as authorizing HESIS to require employers, other than chemical manufacturers, formulators, suppliers, distributors, importers, and their agents, to report any information not otherwise required by law. (3) When there is new scientific or medical information and the Chief of HESIS, in consultation with the Director of Industrial Relations and the Chief of the Division of Environmental and Occupational Disease Control in the State Department of Public Health, determines that a substance may be in use in a place of employment, may pose a hazard under a reasonable anticipated condition of use, and potentially poses a serious new or unrecognized health hazard to an employee, including, but not limited to, cancer, reproductive or developmental harm, organ system impairment, or death, chemical manufacturers, formulators, suppliers, distributors, importers, and their agents, as specified in subparagraph (A), shall provide to HESIS the names and addresses of their customers who have purchased certain chemicals, as specified by HESIS, or commercial products containing those chemicals and information related to those shipments, including the quantities and dates of shipments, and the proportion of a specified chemical within a mixture containing the specified chemical, upon written request by HESIS, for every product the final destination of which may be a place of employment in California. This paragraph shall not apply to a retail seller of the substance, whether sold individually or as part of a commercial product to the public. The following shall apply to this paragraph: (A) On or after January 1, 2016, the information requested shall include current and past customers for not more than a one-year period prior to the date the request is issued. The information shall be provided within a reasonable timeframe, not to exceed 30 calendar days from the date the request is issued. The information shall be provided in a format specified by the State Department of Public Health but consistent with the responding entity’s current data system. (B) Unless, pursuant to other law or regulation the following persons, any other person, or any governmental entity is required to publicly disclose the following information, the names and addresses of customers, the quantities and dates of shipments, and the proportion of a specified chemical within a mixture provided by chemical manufacturers, formulators, suppliers, distributors, importers, and their agents pursuant to this paragraph shall be considered confidential and, except as specified in this subparagraph, exempt from public disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). HESIS may disclose that information to officers or employees of the State Department of Public Health, to officers or employees of the state who are responsible for carrying out the purposes of Division 5 (commencing with Section 6300), or to the state agencies of the state officers specified in paragraphs (5) and (6). Any officer, employee, or agency to which the information is disclosed shall be subject to this subparagraph. (C) The State Department of Public Health shall be entitled to reimbursement of attorney’s fees and costs incurred in seeking an injunction to enforce this paragraph. (4) Recommend to the Chief of the Division of Occupational Safety and Health Administration that an occupational safety and health standard be developed whenever it has been determined that a substance in use or potentially in use in places of employment is potentially toxic at the concentrations or under the conditions used. (5) Notify the Director of Pesticide Regulation of any information developed by HESIS that is relevant to carrying out the director’s responsibilities under Chapters 2 (commencing with Section 12751) and 3 (commencing with Section 14001) of Division 7 of the Food and Agricultural Code. (6) Notify the Secretary for Environmental Protection of any information developed by HESIS that is relevant to carrying out the secretary’s responsibilities. (d) The Director of Industrial Relations shall appoint an advisory committee to HESIS. The advisory committee shall consist of four representatives from labor, four representatives from management, four active practitioners in the occupational health field, and three persons knowledgeable in biomedical statistics or information storage and retrieval systems. The advisory committee shall meet on a regular basis at the request of the director. The committee shall be consulted by, and shall advise the director at each phase of the structuring and functioning of the repository and alert system with regard to, the procedures, methodology, validity, and practical utility of collecting, evaluating, and disseminating information concerning hazardous substances, consistent with the primary goals and objectives of the repository. (e) Nothing in this section shall be construed to limit the ability of the State Department of Public Health to propose occupational safety and health standards to the Occupational Safety and Health Standards Board. (f) Policies and procedures shall be developed to assure, to the extent possible, that HESIS uses and does not duplicate the resources of the federal government and other states. (g) On or before December 31 of each year, the Department of Industrial Relations shall submit a report to the Legislature detailing the implementation and operation of HESIS including, but not limited to, the amount and source of funds allocated and spent on repository activities, the toxic materials and harmful physical agents investigated during the past year and recommendations made concerning them, actions taken to inform interested persons of the possible hazards of exposure to toxic materials and harmful physical agents, and any recommendations for legislative changes relating to the functions of HESIS. (Amended by Stats. 2021, Ch. 615, Sec. 319. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  52. 147.3.

    ## 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. )

    Verify source ↗

    If the agency gets the specified public health report, it must treat it as a complaint, start an investigation within three working days, and later make any citations and fines public each year.

    ## 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. ) ## 147.3. (a) When the Division of Occupational Safety and Health receives a report from the State Department of Public Health pursuant to subdivision (c) of Section 105185 of the Health and Safety Code, the report shall constitute a complaint from a government agency representative charging a serious violation and shall subject the employer or place of employment to the requirements of subdivision (a) of Section 6309 for the Division of Occupational Safety and Health to initiate an investigation within three working days. Upon the completion of the investigation, any citations and fines imposed by the division shall be made publicly available on an annual basis pursuant to subdivision (d) of Section 6309. (b) The blood lead level established in subdivision (c) of Section 105185 of the Health and Safety Code is not intended to supersede any lower blood lead level that may be actionable under the Division of Occupational Safety and Health’s lead standards in its general industry safety order (Section 5198 of Title 8 of the California Code of Regulations) or construction safety order (Section 1532.1 of Title 8 of the California Code of Regulations). For purposes of this section, an actionable employee blood lead level means a level that triggers an employer obligation to reduce lead exposure in the workplace or an investigation by the division. (Added by Stats. 2019, Ch. 710, Sec. 2. (AB 35) Effective January 1, 2020.)
  53. 147.4.

    ## 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. )

    Verify source ↗

    This section requires the department and the board to review firefighter PPE safety standards, meet several deadlines, and update standards to stay aligned with NFPA guidance.

    ## 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. ) ## 147.4. (a) By January 1, 2016, the department shall convene an advisory committee to evaluate whether changes are needed to align the general industry safety orders in Sections 3403 to 3411, inclusive, of Article 10.1 (commencing with Section 3401) of Group 2 of Subchapter 7 of Chapter 4 of Division 1 of Title 8 of the California Code of Regulations with the applicable and most recently promulgated standards of the National Fire Protection Association. The committee shall be composed of parties in both management and labor, represent a cross section of the fire protection industry and community, and be competent and knowledgeable regarding personal protective clothing and equipment for firefighters and firefighting practices generally. (b) By July 1, 2016, the advisory committee shall present its findings and recommendations for consideration by the board. No later than July 1, 2017, the board shall render a decision regarding the adoption of changes to the general industry safety orders in Sections 3403 to 3411, inclusive, of Article 10.1 (commencing with Section 3401) of Group 2 of Subchapter 7 of Chapter 4 of Division 1 of Title 8 of the California Code of Regulations, or other applicable standards and regulations, in order to maintain alignment with the applicable National Fire Protection Association standards. (c) Beginning July 1, 2018, and every five years thereafter, the board, in consultation with the department and subject to subdivision (d), shall complete a comprehensive review of all revisions to National Fire Protection Association standards pertaining to personal protective equipment covered by the general industry safety orders in Sections 3403 to 3411, inclusive, of Article 10.1 (commencing with Section 3401) of Group 2 of Subchapter 7 of Chapter 4 of Division 1 of Title 8 of the California Code of Regulations. If the review finds that the revisions to applicable National Fire Protection Association standards provide a greater degree of personal protection than the safety orders, the board shall consider modifying existing safety orders and shall render a decision regarding the adoption of necessary changes to safety orders, or other applicable standards and regulations, no later than July 1 of the subsequent year, in order to maintain alignment of the safety orders with the applicable National Fire Protection Association adopted standards. (d) Notwithstanding subdivision (c), by January 1, 2028, the board, in consultation with the department, shall consider modifying its existing safety order regarding firefighter personal protective equipment (PPE) in a manner that addresses National Fire Protection Association performance standards for PPE that are not relevant or applicable to how firefighters utilize their PPE and that result in the use of perfluoroalkyl and polyfluoroalkyl substances (PFAS), fluoropolymers, flame retardants, and other hazardous substances in firefighting personal protective garments and auxiliary firefighting PPE. In modifying the existing safety order, the board shall do all of the following: (1) Use scientific research to create a standard for firefighter PPE used in California that includes performance standards that are relevant and applicable to how firefighters utilize their equipment while being the most protective of firefighters’ health and safety, using the 2025 NFPA 1970 Standard on Protective Ensembles for Structural and Proximity Firefighting, Work Apparel, Open-Circuit Self-Contained Breathing Apparatus for Emergency Services, and Personal Alert Safety Systems as a floor. (2) Utilize scientific research to mandate that firefighter PPE certified for future use in California be free of hazardous substances that might pose long-term environmental and human health risks, including, but not limited to, PFAS and flame retardants. The modified safety order shall require manufacturers of firefighter PPE to certify that their products meet the new standards. (3) Provide for an implementation date that applies to auxiliary firefighting PPE to be later than the implementation date for firefighting personal protective garments. (4) Specify an implementation timeline that includes phasing out firefighter PPE that is in use at the time the safety order is modified through normal attrition or no later than 10 years after the safety order is modified. (e) (1) By July 1, 2026, the Division of Occupational Safety and Health shall provide a report to the Governor and Legislature on progress toward implementation of the modified PPE safety standards. (2) The requirement for submitting a report imposed under this subdivision is inoperative on July 1, 2030, pursuant to Section 10231.5 of the Government Code. (3) A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code. (f) For purposes of this section, the following definitions apply: (1) “Auxiliary firefighting PPE” means personal protective equipment other than firefighting personal protective garments, including self-contained breathing apparatuses and other respiratory protection products, hearing protection, protective communication devices, and fall-protection products. (2) “Firefighting personal protective garments” means any garments designed, intended, or marketed to be worn by firefighting personnel in the performance of their duties, designed with the intent for use in fire and rescue activities, including jackets, pants, shoes, gloves, and helmets. (Amended by Stats. 2025, Ch. 392, Sec. 2. (AB 1181) Effective January 1, 2026.)
  54. 147.5.

    ## 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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    The Division of Occupational Safety and Health must convene an advisory committee by January 1, 2017, and that committee and the board must act by July 1, 2017 on findings, recommendations, and a decision about industry-specific regulations.

    ## 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. ) ## 147.5. (a) By January 1, 2017, the Division of Occupational Safety and Health shall convene an advisory committee to evaluate whether there is a need to develop industry-specific regulations related to the activities of facilities issued a license pursuant to Chapter 3.5 (commencing with Section 19300) of Division 8 of the Business and Professions Code. (b) By July 1, 2017, the advisory committee shall present to the board its findings and recommendations for consideration by the board. By July 1, 2017, the board shall render a decision regarding the adoption of industry-specific regulations pursuant to this section. (Added by Stats. 2015, Ch. 689, Sec. 7. (AB 266) Effective January 1, 2016.)
  55. 147.6.

    ## 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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    The Division of Occupational Safety and Health must convene an advisory committee by March 1, 2018, and the committee and board must act by October 1, 2018.

    ## 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. ) ## 147.6. (a) By March 1, 2018, the Division of Occupational Safety and Health shall convene an advisory committee to evaluate whether there is a need to develop industry-specific regulations related to the activities of licensees under Division 10 (commencing with Section 26000) of the Business and Professions Code, including but not limited to, whether specific requirements are needed to address exposure to second-hand marijuana smoke by employees at facilities where on-site consumption of marijuana is permitted under subdivision (d) of Section 26200 of the Business and Professions Code, and whether specific requirements are needed to address the potential risks of combustion, inhalation, armed robberies or repetitive strain injuries. (b) By October 1, 2018, the advisory committee shall present to the board its findings and recommendations for consideration by the board. By October 1, 2018, the board shall render a decision regarding the adoption of industry-specific regulations pursuant to this section. (Added November 8, 2016, by initiative Proposition 64, Sec. 6.2.)
  56. 1474.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4.5.5. Fast Food [1474 - 1477] ( Part 4.5.5 repealed and added by Stats. 2023, Ch. 262, Sec. 3. )

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    This section defines key fast-food terms and lists several restaurant types that are excluded from the definition of a fast food restaurant.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4.5.5. Fast Food [1474 - 1477] ( Part 4.5.5 repealed and added by Stats. 2023, Ch. 262, Sec. 3. ) ## 1474. For purposes of this part: (a) “National fast food chain” means a set of limited-service restaurants consisting of more than 60 establishments nationally that share a common brand, or that are characterized by standardized options for decor, marketing, packaging, products, and services, and which are primarily engaged in providing food and beverages for immediate consumption on or off premises where patrons generally order or select items and pay before consuming, with limited or no table service. For purposes of the definitions in this part, “limited-service restaurant” includes, but is not limited to, an establishment with the North American Industry Classification System Code 722513. (b) “Council” means the Fast Food Council. (c) Except as provided in subdivisions (i) to (k), inclusive, “fast food restaurant” means a limited-service restaurant in the state that is part of a national fast food chain. (d) “Fast food restaurant franchisee” means a person to whom a fast food restaurant franchise is granted. (e) “Fast food restaurant franchisor” means a person who grants or has granted a fast food restaurant franchise. (f) “Fast food restaurant operator” means a person who operates a fast food restaurant. (g) “Franchise,” “franchisee,” and “franchisor” have the definitions set forth in Article 1 (commencing with Section 20000) of Chapter 5.5 of Division 8 of the Business and Professions Code. (h) “Working conditions” include, but are not limited to, wages, conditions affecting fast food restaurant employees’ health and safety, security in the workplace, the right to take time off work for protected purposes, and the right to be free from discrimination and harassment in the workplace. (i) When a restaurant is located and operates within a “grocery establishment,” as defined in subdivision (d) of Section 2502, and the grocery establishment employer employs the individuals working in the restaurant, the restaurant shall not be considered a fast food restaurant. (j) “Fast food restaurant” shall not include an establishment that on September 15, 2023, operates a bakery that produces for sale on the establishment’s premises bread, as defined under Part 136 of Subchapter B of Chapter I of Title 21 of the Code of Federal Regulations, so long as it continues to operate such a bakery. This exemption applies only where the establishment produces for sale bread as a stand-alone menu item, and does not apply if the bread is available for sale solely as part of another menu item. (k) “Fast food restaurant” shall not include a restaurant that is any of the following: (1) Located in an airport, as defined in Section 21013 of the Public Utilities Code, but excluding any military base or federally operated facility. (2) Connected to or operated in conjunction with a hotel. For purposes of this paragraph, “hotel” means a residential building that is designated or used for lodging and other related services for the public and includes any contracted, leased, or sublet premises connected to or operated in conjunction with the building’s purpose, or providing services at the building. (3) Connected to or operated in conjunction with an event center. For purposes of this paragraph, “event center” means a publicly or privately owned structure of more than 20,000 square feet or 1,000 seats that is used for the purposes of public performances, sporting events, business meetings, or similar events, and includes concert halls, stadiums, sports arenas, racetracks, coliseums, and convention centers. “Event center” also includes any contracted, leased, or sublet premises connected to or operated in conjunction with the event center’s purpose. (4) Connected to or operated in conjunction with a theme park. For purposes of this paragraph, “theme park” means a commercially operated, admission-based grounds or enclosure featuring amusement park rides of a permanent or semipermanent nature, shows, and attractions that are presented, shown, staged, or offered to the public, along with games, merchandise, and food offered for sale in the park, and any contracted, leased, or sublet premises that are connected to, located within, or operated in conjunction with that park, whether or not an admissions ticket is required for entry. (5) Connected to or operated in conjunction with a public or private museum, within the meaning of Section 1899.1 of the Civil Code. (6) Connected to or operated in conjunction with a gambling establishment, as defined in subdivision (o) of Section 19805 of the Business and Professions Code. (7) A restaurant that is all of the following: (A) Located in and operated in conjunction with a building, group of buildings, or campus used for office purposes primarily or exclusively by a single, for-profit corporation and its affiliates. (B) Primarily or exclusively serves employees of that corporation or its affiliates rather than the general public. (C) Is part of, or subject to, a concession or food service contract covering the building, group of buildings, or campus. (8) Located on land owned by the state, a city or county, or other political subdivision of the state, that is part of a port district or land managed by a port authority or port commission, a public beach, public pier, state park, municipal or regional park, or historic district, and is operated pursuant to a concession agreement or food service contract. (Amended by Stats. 2024, Ch. 4, Sec. 2. (AB 610) Effective March 25, 2024.)
  57. 1475.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4.5.5. Fast Food [1474 - 1477] ( Part 4.5.5 repealed and added by Stats. 2023, Ch. 262, Sec. 3. )

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    Creates the Fast Food Council, requires it to meet and review standards on a schedule, and sets fast food employees’ minimum hourly wage rules.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4.5.5. Fast Food [1474 - 1477] ( Part 4.5.5 repealed and added by Stats. 2023, Ch. 262, Sec. 3. ) ## 1475. (a) (1) The Fast Food Council is hereby established within the Department of Industrial Relations and shall consist of the following nine voting members: (A) Two representatives of the fast food restaurant industry. (B) Two representatives of fast food restaurant franchisees or restaurant owners. (C) Two representatives of fast food restaurant employees. (D) Two representatives of advocates for fast food restaurant employees. (E) One unaffiliated member of the public who is not an owner, franchisee, officer, or employee in the fast food industry; who is not an employee or officer of a labor organization or a member of a labor organization representing fast food restaurant employees; and who has not received income from the fast food industry or any labor organization for a period of two years prior to appointment. (2) In addition to the voting members, the council shall include the following nonvoting members: (A) One representative from the Department of Industrial Relations. (B) One representative from the Governor’s Office of Business and Economic Development. (3) The Governor shall appoint the representatives of fast food restaurant employees, fast food restaurant franchisees or restaurant owners, the fast food restaurant industry, and the member of the public. The Speaker of the Assembly and the Senate Committee on Rules shall each appoint one representative of an advocate for fast food restaurant employees. (4) The appointments shall be at the will of each appointing power and each member of the council shall serve for a term of four years, except that all terms shall end on the date this section becomes inoperative. All terms that end prior to the date that this section becomes inoperative shall end on January 1. Vacancies occurring prior to the expiration of the term shall be filled by appointment for the unexpired term. A council member shall not serve more than two consecutive terms. (5) The unaffiliated member of the public shall be the chairperson of the council. The chairperson shall be responsible for convening the council. The chairperson shall designate a member of the council to act as chairperson in their absence. (6) Each member of the council shall receive one hundred dollars ($100) for each day of their actual attendance at meetings of the council and other official business of the council, in addition to their actual necessary traveling expenses incurred in the performance of their duties as a member. (7) The council may employ necessary assistants, officers, experts, and other employees as it deems necessary, subject to appropriation. All personnel of the council shall be under the supervision of the chairperson or an executive officer to whom the chairperson delegates such responsibility. All such personnel shall be appointed pursuant to the State Civil Service Act (Part 2 (commencing with Section 18500) of Division 5 of Title 2 of the Government Code), except for the one exempt deputy or employee allowed by subdivision (e) of Section 4 of Article VII of the California Constitution. (8) All meetings of the council shall be subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code). (b) The council’s purposes are to establish fast food restaurant minimum standards on wages, and develop fast food restaurant minimum standards on working hours, and other working conditions adequate to ensure and maintain the health, safety, and welfare of, and to supply the necessary cost of proper living to, fast food restaurant workers and to ensure and effect interagency coordination and prompt agency responses regarding issues affecting the health, safety, and employment of fast food restaurant workers. (c) (1) The council shall provide direction to, and coordinate with, state agencies regarding the health, safety, and employment of fast food restaurant workers. (2) The council shall convene its first meeting by no later than March 15, 2024. (d) (1) (A) The council is charged with developing minimum fast food restaurant employment standards, including, as appropriate, standards on wages, working conditions, and training, as are reasonably necessary or appropriate to protect and ensure the welfare, including the physical well-being and security, of fast food workers or to otherwise meet the purposes of this section, subject to the limitations of subdivisions (e) and (f). In developing these standards, the council may take account of regional differences. Any change developed by the council to existing standards, rules, or regulations shall not be less protective of or less beneficial to health, safety, or fast food restaurant worker employment terms, conditions, or privileges, including wages, than the immediately preceding standard, rule, or regulation. To the extent there is a conflict between standards, rules, or regulations issued pursuant to this subdivision and those previously issued by another state agency, the standards, rules, or regulations issued pursuant to this subdivision shall apply to fast food restaurant employees, and the conflicting standards, rules, or regulations of the other state agency shall not have force or effect with respect to fast food restaurant employees. (B) Decisions by the council regarding standards, rules, or regulations shall be made by an affirmative vote of at least five of the council members. (C) All standards, rules, and regulations developed by the council shall be issued, amended, or repealed, as applicable, in the manner prescribed in Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, subject to the provisions of clause (i) to (iii), inclusive, of this subparagraph, and with the exception of standards issued pursuant to the procedures identified in subparagraph (D) of paragraph (2) of this subdivision. (i) With the exception of standards subject to subdivision (e) or (f), the Labor Commissioner shall be responsible for issuing, amending, or repealing, as applicable, standards developed by the council pursuant to the requirements of this subparagraph. (ii) The council shall send proposed written standards to the Labor Commissioner and request that the commissioner prepare a notice of proposed rulemaking action regarding the proposed regulatory text. (iii) Upon receiving a request to prepare a notice of proposed rulemaking action, the Labor Commissioner shall determine whether the proposed written standards are consistent with the council’s authority and consistent with the criteria identified in subdivision (a) of Section 11349.1 of the Government Code, and, if it so determines, the commissioner shall prepare and submit to the Office of Administrative Law a notice of proposed rulemaking action and the required materials identified in Section 11346.2 of the Government Code. If the commissioner determines either that the proposed standards are not consistent with the council’s authority, or not consistent with the criteria identified in subdivision (a) of Section 11349.1 of the Government Code, the commissioner shall, within 60 days of receiving the council’s request to issue a notice of proposed rulemaking, provide the council with a written explanation of the reasons for that determination so the council may modify its proposed standards as appropriate. The commissioner shall also have responsibility and authority to carry out the requirements of Sections 11346.8 and 11346.9 of the Government Code. (D) The council may develop written emergency standards and send the proposed written emergency standards to the Labor Commissioner and request that the commissioner promulgate such standards pursuant to Sections 11346.1 and 11349.6 of the Government Code. (2) (A) The hourly minimum wage for fast food restaurant employees shall be twenty dollars ($20) per hour, effective April 1, 2024. Thereafter, the council may establish, pursuant to this subdivision, minimum wages for fast food restaurant employees that take effect on an annual basis, beginning on January 1, 2025. (B) The hourly minimum wage established by the council may increase on an annual basis by no more than the lesser of the following, rounded to the nearest ten cents ($0.10): (i) 3.5 percent. (ii) 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). (C) In establishing minimum wage increases subject to paragraph (B), the council may elect to set minimum wage standards that vary by region or to set a statewide minimum wage increase. (D) The hourly minimum wage established pursuant to subparagraph (A), and all future hourly minimum wages established pursuant to subparagraph (B), shall constitute the state minimum wage for fast food restaurant employees for all purposes under this code and the wage orders of the Industrial Welfare Commission. It shall be enforceable by the Labor Commissioner through the procedures set forth in Sections 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. The Department of Industrial Relations shall update Wage Order No. 5-2001 and the Minimum Wage Order to be consistent with any minimum hourly wage adopted by the council and any other standards or requirements developed by the council and adopted by the commissioner pursuant to this chapter, except that any existing provision in Wage Order 5-2001 or the Minimum Wage Order providing greater protections or benefits to fast food restaurant employees shall continue in full force and effect, notwithstanding any provision of this part. Hourly minimum wages established by the council pursuant to subparagraphs (A) and (B) shall be treated as wage orders and shall be exempt from Article 5 (commencing with Section 11346) of Chapter 3.5 of Part 1 of Division 3 of Title 2 of the Government Code. (E) Any minimum wage established by the council must be equal to or greater than any otherwise generally applicable state hourly minimum wage. (F) The council shall not establish any minimum wage increase that takes effect commencing on a date after the 2029 calendar year. However, the council may provide advice to any appropriate state agencies regarding minimum wage increases that would take effect commencing on a date on or after January 1, 2030. (3) Minimum wage standards established by the council shall be subject to any suspension of increases in the statewide minimum wage made pursuant to subdivision (d) of Section 1182.12. (4) Standards developed pursuant to paragraphs (1) and (2) shall not alter or amend the requirements in the California Retail Food Code (Part 7 (commencing with Section 113700) of Division 104 of the Health and Safety Code). (5) The council shall provide information as requested by the appropriate committees of the Legislature on labor to facilitate a review of the council’s performance and standards under this section, which review may be conducted in a joint hearing held every three years or as otherwise designated by the appropriate committees of the Legislature on labor. (6) Nothing in this section shall be construed to give the council the authority to create or amend statutes. (7) Nothing in this section shall be construed to permit the council to develop or promulgate regulations creating new paid time off benefits, such as paid sick leave or paid vacation. For purposes of this paragraph, paid time off benefits do not include paid rest periods. (8) Nothing in this section shall be construed to permit the council to develop or promulgate regulations regarding predictable scheduling. Predictable scheduling does not include reporting time pay. (e) To the extent that any minimum standards that the council finds are reasonably necessary to protect fast food restaurant employee health and safety fall within the jurisdiction of the Occupational Safety and Health Standards Board, the council shall petition the Occupational Safety and Health Standards Board for the adoption, amendment, or repeal of any occupational safety and health standard. The Occupational Safety and Health Standards Board shall consider and respond to the petition no later than six months following receipt of the petition in accordance with Section 142.2, or no later than three months if the petition relates to an emergency, as defined in Section 11342.545 of the Government Code. The Occupational Safety and Health Standards Board shall not adopt a standard recommended by the council if it reduces occupational safety and health protections for employees. (f) To the extent that any minimum standards that the Fast Food Council finds are reasonably necessary fall within the jurisdiction of the Civil Rights Council under Section 12935 of the Government Code, the Fast Food Council shall petition the Civil Rights Council for the adoption, amendment, or repeal of any regulation under the jurisdiction of the Civil Rights Council. The Civil Rights Council shall consider and respond to the petition no later than six months following receipt of the petition, or within no more than three months if the petition relates to an emergency, as defined in Section 11342.545 of the Government Code. The Civil Rights Council shall not adopt a recommended standard that would reduce protections provided under the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code) or other law within the Civil Rights Council’s jurisdiction. (g) The council shall conduct a full review of the adequacy of the minimum fast food restaurant health, safety, and employment standards at least once every three years. Upon that review, the council shall develop and seek the issuance of any fast food employment, health, or safety standard applicable to fast food restaurants, or a portion of any such standard, as appropriate to meet the purposes of this section, pursuant to the procedures set forth in subdivision (d) and subject to subdivisions (e) and (f). (h) The council shall hold meetings or hearings no less than every six months that are open to the public, at which the public, including fast food restaurant employees, shall have the opportunity to be heard on issues of fast food restaurant health, safety, and employment conditions. The council shall provide advance public notice of these meetings or hearings that is reasonably calculated to advise fast food restaurant workers, fast food restaurant operators and owners, franchisors, franchisees, community members, and other stakeholders of the opportunity to participate in the meetings or hearings. The location of the meetings or hearings shall rotate among major metropolitan areas throughout the state to provide fast food restaurant workers, fast food restaurant operators and owners, franchisors, franchisees, community members, and other stakeholders throughout the state a reasonable opportunity to participate in a meeting or hearing at least once per each three-year review. (i) The council may coordinate with local agencies and request that they hold meetings or hearings that are open to the public, at which the public, including fast food restaurant employees, shall have the opportunity to be heard on issues of fast food restaurant health, safety, and employment conditions. After these meetings or hearings, the council may request information from the local agencies, including any recommendations for action by the council. (j) (1) The minimum wage, maximum hours of work, and other working conditions developed by the council in standards promulgated pursuant to subdivision (d) shall be the minimum wage, maximum hours of work, and the standard conditions of labor for fast food restaurant employees or a relevant subgroup of fast food restaurant employees for purposes of state law. Except as provided in subdivision (m), nothing in this section shall restrict local jurisdictions’ exercise of police powers to establish more protective local standards. The employment of a fast food restaurant employee for lower wages or for longer hours than those fixed by the minimum standards promulgated pursuant to subdivision (d), or under any other working conditions prohibited by the minimum standards promulgated pursuant to subdivision (d), is unlawful. Compliance with the minimum fast food restaurant employment standards promulgated pursuant to subdivision (d) shall be enforced by the Labor Commissioner pursuant to the procedures and provisions set forth in Chapter 4 (commencing with Section 79) of Division 1, Division 2 (commencing with Section 200), Division 3 (commencing with Section 2700), and Division 5 (commencing with Section 6300), and standards, orders, or regulations promulgated pursuant to subdivision (d). (2) Other than occupational safety and health violations, which shall be enforced by the Division of Occupational Safety and Health under Division 5 (commencing with Section 6300), and other than protections against discrimination, harassment, and other violations of Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code, which shall be enforced by the Civil Rights Department, the Labor Commissioner shall enforce this part, including any standards promulgated by the appropriate agency pursuant to subdivision (d), including by investigating an alleged violation, and ordering appropriate temporary relief to mitigate the violation or to maintain the status quo pending the completion of a full investigation or hearing, through the procedures set forth in Chapter 4 (commencing with Section 79) of Division 1 and Section 1197.1, including by issuance of a citation against an employer, a fast food restaurant operator, or any other liable person under this part, and by filing a civil action. If a citation is issued, the procedures for issuing, contesting, and enforcing judgments for citations and civil penalties issued by the Labor Commissioner shall be the same as those set out in Section 98.74 or 1197.1, as appropriate. In any successful civil action to enforce this section by the Labor Commissioner or an employee, the court may grant injunctive relief in order to obtain compliance with this part, and shall award costs and reasonable attorney’s fees. (3) A standard promulgated pursuant to subdivision (d) shall not supersede a standard covered by a valid collective bargaining agreement if the agreement expressly provides for the wages, hours of work, and working conditions of the employees, and a regular hourly rate of pay not less than 30 percent more than the state minimum wage for those employees, if the agreement provides equivalent or greater protection than the standards established by the council and if state law on the same issue authorizes an exception for employees covered by a collective bargaining agreement. Nothing in this section shall be construed to allow a collective bargaining agreement to waive any occupational health and safety protections. (4) Nothing in this section shall be construed to require local health departments to enforce standards issued by the council. (k) The Labor Commissioner is authorized to issue any other rules, regulations, and guidance necessary for the enforcement of this part consistent with its authority under Section 98.8. (l) (1) No ordinance or regulation applicable to fast food restaurant employees that sets the amount of wages or salaries for fast food restaurant employees shall be enacted or enforced by any city, county, or city and county, including charter cities, charter counties, and charter cities and counties. (2) This subdivision does not preclude a city, county, or city and county, including charter cities, charter counties, and charter cities and counties, from establishing a minimum wage that is generally applicable to all industries. (3) This subdivision does not preclude any employer that employs fast food restaurant employees from establishing higher wage or compensation rates for its employees or contracted employees. (4) (A) Subject to subdivision (m), this subdivision shall become inoperative if the hourly minimum wage established pursuant to subparagraph (A) of paragraph (2) of subdivision (d) does not take effect on April 1, 2024, or by a later date arising from a delay or other temporary pause in the implementation of that hourly minimum wage that is forced by an injunction or other proper judicial or administrative action, whichever is later. (B) Subject to subparagraph (A) of this paragraph and subdivision (m), this subdivision shall remain in effect only so long as the council maintains authority to establish minimum wage increases pursuant to subparagraphs (A) and (B) of paragraph (2) of subdivision (d). (m) Subject to Section 1477, subdivisions (a) to (i), inclusive, and (l) of this section shall become inoperative as of January 1, 2029, and the council shall cease operations. Any standards adopted by the appropriate agencies pursuant to this section shall not be impacted by the cessation of the council. (Added by Stats. 2023, Ch. 262, Sec. 3. (AB 1228) Effective January 1, 2024.)
  58. 1476.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4.5.5. Fast Food [1474 - 1477] ( Part 4.5.5 repealed and added by Stats. 2023, Ch. 262, Sec. 3. )

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    A fast food restaurant operator must not fire, discriminate against, or retaliate against an employee because the employee participated in or testified in a council proceeding.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4.5.5. Fast Food [1474 - 1477] ( Part 4.5.5 repealed and added by Stats. 2023, Ch. 262, Sec. 3. ) ## 1476. (a) A fast food restaurant operator shall not discharge or in any manner discriminate or retaliate against any employee due to the employee’s participation in or testimony to any proceeding convened by the council. (b) The council shall be deemed a governmental agency for purposes of subdivision (a) of Section 1102.5. (Added by Stats. 2023, Ch. 262, Sec. 3. (AB 1228) Effective January 1, 2024.)
  59. 1477.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4.5.5. Fast Food [1474 - 1477] ( Part 4.5.5 repealed and added by Stats. 2023, Ch. 262, Sec. 3. )

    Verify source ↗

    This section makes Sections 1474 to 1476 effective on January 1, 2024 only if Referendum No. 1939 is withdrawn by its proponents by that date; otherwise, this section and those sections become inoperative and repealed on January 1, 2024.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4.5.5. Fast Food [1474 - 1477] ( Part 4.5.5 repealed and added by Stats. 2023, Ch. 262, Sec. 3. ) ## 1477. Sections 1474 to 1476, inclusive, shall become operative and shall take effect commencing January 1, 2024, only if Referendum No. 1939 (Attorney General No. 22-0005) has been withdrawn by its proponents by January 1, 2024. If that referendum has not been withdrawn by its proponents by January 1, 2024, Sections 1474 to 1476, inclusive, and this section shall become inoperative on January 1, 2024, and as of that date, are repealed. (Added by Stats. 2023, Ch. 262, Sec. 3. (AB 1228) Effective January 1, 2024.)
  60. 148.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 6.5. Occupational Safety and Health Appeals Board [148 - 149.5] ( Chapter 6.5 added by Stats. 1973, Ch. 993. )

    Verify source ↗

    The section creates the Occupational Safety and Health Appeals Board, requires members to work full time, gives the Governor appointment and chair-designation power, and lets the chairman name an acting chair when absent.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 6.5. Occupational Safety and Health Appeals Board [148 - 149.5] ( Chapter 6.5 added by Stats. 1973, Ch. 993. ) ## 148. (a) There is in the Department of Industrial Relations the Occupational Safety and Health Appeals Board, consisting of three members appointed by the Governor, subject to the approval of the Senate. One member shall be from the field of management, one shall be from the field of labor and one member shall be from the general public. The public member shall be chosen from other than the fields of management and labor. Each member of the appeals board shall devote his full time to the performance of his duties. (b) The chairman and each member of the appeals board shall receive the annual salary provided for by Chapter 6 (commencing with Section 11550) of Part 1 of Division 3 of Title 2 of the Government Code. (c) The Governor shall designate the chairman of the appeals board from the membership of the appeals board. The person so designated shall hold the office of chairman at the pleasure of the Governor. The chairman shall designate a member of the appeals board to act as chairman in his absence. (Added by Stats. 1973, Ch. 993.)
  61. 148.1.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 6.5. Occupational Safety and Health Appeals Board [148 - 149.5] ( Chapter 6.5 added by Stats. 1973, Ch. 993. )

    Verify source ↗

    Appeals board members serve four-year terms, stay in office until a successor qualifies, and vacancies are filled by the Governor with Senate approval.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 6.5. Occupational Safety and Health Appeals Board [148 - 149.5] ( Chapter 6.5 added by Stats. 1973, Ch. 993. ) ## 148.1. Each member of the appeals board shall serve for a term of four years and until his successor is appointed and qualifies. The terms of the first three members appointed to the appeals board shall expire on the second, third, and fourth January 15th following the date of the appointment of the first appointed member. A vacancy shall be filled by the Governor, subject to the approval of the Senate by appointment for the unexpired term. (Added by Stats. 1973, Ch. 993.)
  62. 148.2.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 6.5. Occupational Safety and Health Appeals Board [148 - 149.5] ( Chapter 6.5 added by Stats. 1973, Ch. 993. )

    Verify source ↗

    The appeals board may hire needed staff, but its personnel are supervised by the chair or a delegated executive officer and are generally appointed under the State Civil Service Act, with one exempt deputy or employee allowed. Hearing officer salaries are set by the State Personnel Board.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 6.5. Occupational Safety and Health Appeals Board [148 - 149.5] ( Chapter 6.5 added by Stats. 1973, Ch. 993. ) ## 148.2. The appeals board may employ necessary assistants, officers, experts, hearing officers, and such other employees as it deems necessary. All such personnel of the appeals board shall be under the supervision of the chairman of the appeals board or an executive officer to whom the chairman delegates such responsibility. All such personnel shall be appointed pursuant to the State Civil Service Act (Part 2 (commencing with Section 18500) of Division 5 of Title 2 of the Government Code), except for the one exempt deputy or employee allowed by subdivision (e) of Section 4 of Article XXIV of the California Constitution. The salaries of the hearing officers shall be fixed by the State Personnel Board at a rate comparable to that of other referees or hearing officers in state service whose duties and responsibilities are comparable, without regard to whether such other positions have membership in the State Bar of California as a prerequisite to appointment. (Added by Stats. 1973, Ch. 993.)
  63. 148.4.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 6.5. Occupational Safety and Health Appeals Board [148 - 149.5] ( Chapter 6.5 added by Stats. 1973, Ch. 993. )

    Verify source ↗

    The appeals board must put all of its decisions and orders in writing.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 6.5. Occupational Safety and Health Appeals Board [148 - 149.5] ( Chapter 6.5 added by Stats. 1973, Ch. 993. ) ## 148.4. All decisions and orders of the appeals board shall be in writing. (Added by Stats. 1973, Ch. 993.)
  64. 148.5.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 6.5. Occupational Safety and Health Appeals Board [148 - 149.5] ( Chapter 6.5 added by Stats. 1973, Ch. 993. )

    Verify source ↗

    An appeals board decision is final, except where rehearing or judicial review is allowed under the cited chapter.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 6.5. Occupational Safety and Health Appeals Board [148 - 149.5] ( Chapter 6.5 added by Stats. 1973, Ch. 993. ) ## 148.5. A decision of the appeals board is final, except for any rehearing or judicial review as permitted by Chapter 4 (commencing with Section 6600) of Part 1 of Division 5. (Added by Stats. 1973, Ch. 993.)
  65. 148.6.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 6.5. Occupational Safety and Health Appeals Board [148 - 149.5] ( Chapter 6.5 added by Stats. 1973, Ch. 993. )

    Verify source ↗

    The appeals board’s decision is binding on the director and the Division of Occupational Safety and Health for the parties in that appeal.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 6.5. Occupational Safety and Health Appeals Board [148 - 149.5] ( Chapter 6.5 added by Stats. 1973, Ch. 993. ) ## 148.6. A decision of the appeals board is binding on the director and the Division of Occupational Safety and Health with respect to the parties involved in the particular appeal. The director shall have the right to seek judicial review of an appeals board decision irrespective of whether or not he or she appeared or participated in the appeal to the appeals board or its hearing officer. (Amended by Stats. 1989, Ch. 1360, Sec. 101.)
  66. 148.7.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 6.5. Occupational Safety and Health Appeals Board [148 - 149.5] ( Chapter 6.5 added by Stats. 1973, Ch. 993. )

    Verify source ↗

    The appeals board may adopt, amend, or repeal its rules of practice and procedure for appeals and related matters, but it must do so under Government Code Chapter 3.5.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 6.5. Occupational Safety and Health Appeals Board [148 - 149.5] ( Chapter 6.5 added by Stats. 1973, Ch. 993. ) ## 148.7. The appeals board, acting as a whole, may adopt, amend, or repeal rules of practice and procedure pertaining to hearing appeals and other matters falling within its jurisdiction. All such rules, amendments thereto, or repeals thereof shall be made in accordance with the provisions of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (Amended by Stats. 1982, Ch. 454, Sec. 130.)
  67. 148.8.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 6.5. Occupational Safety and Health Appeals Board [148 - 149.5] ( Chapter 6.5 added by Stats. 1973, Ch. 993. )

    Verify source ↗

    The appeals board and its duly authorized representatives may use the powers of a head of a department when performing their duties, except for Section 11185 of the Government Code.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 6.5. Occupational Safety and Health Appeals Board [148 - 149.5] ( Chapter 6.5 added by Stats. 1973, Ch. 993. ) ## 148.8. The appeals board and its duly authorized representatives in the performance of its duties shall have the powers of a head of a department as set forth in Article 2 (commencing with Section 11180) of Chapter 2 of Part 1 of Division 3 of Title 2 of the Government Code, except for Section 11185 of the Government Code. (Added by Stats. 1973, Ch. 993.)
  68. 148.9.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 6.5. Occupational Safety and Health Appeals Board [148 - 149.5] ( Chapter 6.5 added by Stats. 1973, Ch. 993. )

    Verify source ↗

    The appeals board must make decisions by majority vote, unless another express rule says otherwise.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 6.5. Occupational Safety and Health Appeals Board [148 - 149.5] ( Chapter 6.5 added by Stats. 1973, Ch. 993. ) ## 148.9. Decisions of the appeals board shall be made by a majority of the appeals board, except as otherwise expressly provided. (Added by Stats. 1973, Ch. 993.)
  69. 149.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 6.5. Occupational Safety and Health Appeals Board [148 - 149.5] ( Chapter 6.5 added by Stats. 1973, Ch. 993. )

    Verify source ↗

    The appeals board chairman may let the executive officer act as a deputy member and may delegate authority and duties when a board member is absent.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 6.5. Occupational Safety and Health Appeals Board [148 - 149.5] ( Chapter 6.5 added by Stats. 1973, Ch. 993. ) ## 149. The chairman of the appeals board may authorize its executive officer to act as deputy appeals board member, and may delegate authority and duties to the executive officer in the event of the absence of a member of the appeals board. (Added by Stats. 1973, Ch. 993.)
  70. 149.5.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 6.5. Occupational Safety and Health Appeals Board [148 - 149.5] ( Chapter 6.5 added by Stats. 1973, Ch. 993. )

    Verify source ↗

    The appeals board may award up to $5,000 in reasonable costs to an employer who wins or has a citation withdrawn, if the citation was tied to a qualifying inspection or investigation and the board finds the citation was issued arbitrarily or capriciously. The board must also adopt implementing rules, and the division must report certain cost information in its proposed budget.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 6.5. Occupational Safety and Health Appeals Board [148 - 149.5] ( Chapter 6.5 added by Stats. 1973, Ch. 993. ) ## 149.5. The appeals board may award reasonable costs, including attorney’s fees, consultant’s fees, and witness’ fees, not to exceed five thousand dollars ($5,000) in the aggregate, to any employer who appeals a citation resulting from an inspection or investigation conducted on or after January 1, 1980, issued for violation of an occupational safety and health standard, rule, order, or regulation established pursuant to Chapter 6 (commencing with Section 140) of Division 1, if (1) either the employer prevails in the appeal, or the citation is withdrawn, and (2) the appeals board finds that the issuance of the citation was the result of arbitrary or capricious action or conduct by the division. The appeals board shall adopt rules of practice and procedure to implement this section. The payment of costs pursuant to this section shall be from funds in the regular operating budget of the division. The division shall show in its proposed budget for each fiscal year the following information with respect to the prior fiscal year: (a) The total costs paid. (b) The number of cases in which costs were paid. (Added by Stats. 1979, Ch. 1077.)
  71. 1490.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4.6. Hospital and Skilled Nursing Facility COVID-19 Worker Retention Pay [1490 - 1495] ( Part 4.6 added by Stats. 2022, Ch. 47, Sec. 37. )

    Verify source ↗

    This section states legislative findings about using retention payments to support California health care workers in 24-hour care facilities.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4.6. Hospital and Skilled Nursing Facility COVID-19 Worker Retention Pay [1490 - 1495] ( Part 4.6 added by Stats. 2022, Ch. 47, Sec. 37. ) ## 1490. (a) The Legislature finds and declares that stability in the California health care workforce will further its efforts to manage the COVID-19 pandemic and address other public health issues that face Californians. (b) The Legislature further finds and declares that providing California health care workers in 24 hour care facilities with retention payments, as appropriated and available, will advance California’s effort to promote stability and retention in California’s health care workforce. (Added by Stats. 2022, Ch. 47, Sec. 37. (SB 184) Effective June 30, 2022.)
  72. 1491.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4.6. Hospital and Skilled Nursing Facility COVID-19 Worker Retention Pay [1490 - 1495] ( Part 4.6 added by Stats. 2022, Ch. 47, Sec. 37. )

    Verify source ↗

    This section mainly defines terms used for the hospital and skilled nursing facility COVID-19 worker retention pay part.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4.6. Hospital and Skilled Nursing Facility COVID-19 Worker Retention Pay [1490 - 1495] ( Part 4.6 added by Stats. 2022, Ch. 47, Sec. 37. ) ## 1491. For purposes of this part, the following definitions apply: (a) “Covered entity” means a person or entity that owns or operates a qualifying facility, including the Regents of the University of California. (b) “Covered Services Employer” means a person or entity meeting both of the following: (1) Directly employs or exercises control over the wages, hours, or working conditions. (2) Provides onsite services such as clerical, dietary, environmental services, laundry, security, engineering, facilities management, administrative, or billing staff through a contract with a qualifying facility or provides nurse practitioners or physician assistants at a qualifying facility through a professional corporation where the professional corporation is the employer of record. (c) “Date of record” means a date determined by the department that is no later than 45 days after end of the qualifying work period. (d) “Department” means the State Department of Health Care Services. (e) “Eligible full-time employee” means a person who meets both of the following: (1) Is employed by a covered entity or covered services employer as of the date of record and is not a manager or supervisor. (2) Was compensated for at least 400 in-person hours performed on the site of a qualifying facility during the qualifying work period for a single covered entity or covered services employer, or is considered to be a full-time employee on the site of a qualifying facility by the covered entity or covered services employer. (f) “Eligible part-time employee” means a person who meets both of the following: (1) Is employed by a covered entity or covered services employer as of the date of record and is not a supervisor or manager. (2) Was compensated for at least 100 in-person hours, but less than 400 in-person hours, performed on the site of a qualifying facility during the qualifying work period for a single covered entity or covered services employer, or is considered to be a part-time employee by the covered entity or covered services employer, and is not considered to be an eligible full-time employee on the site of a qualifying facility by the covered entity or covered services employer. (g) “Eligible physician” means a person who meets both of the following: (1) Is a physician or surgeon, licensed by California state law. (2) Primarily provides in-person patient care work in a clinical or medical department, or works as a member of the patient care team during the qualifying work period and on the date of record, at a qualifying facility or is an employee under Section 2401 of the Business and Professions Code of a covered entity or physician entity working primarily in-person on the site of a qualifying facility during the qualifying work period and on the date of record. (h) “Managers and supervisors” means persons who meet all of the following: (1) Whose duties and responsibilities involve the management of the enterprise in which they are employed or of a customarily recognized department or subdivision thereof. (2) Who customarily and regularly directs the work of two or more other employees of the enterprise in which they are employed or of a customarily recognized department or subdivision thereof. (3) Who has the authority to hire or fire other employees or whose suggestions and recommendations as to the hiring or firing and as to the advancement and promotion or any other change of status of other employees will be given particular weight. (4) Who customarily and regularly exercises discretion and independent judgment. (5) Who is primarily engaged in duties which meet the test of the exemption. The activities constituting exempt work and nonexempt work shall be construed in the same manner as such items are construed in the following regulations under the Fair Labor Standards Act effective as of the date of this order: Sections 541.102, 541.104-111, and 541.115-116 of Title 29 of the Code of Federal Regulations. Exempt work shall include, for example, all work that is directly and closely related to exempt work and work which is properly viewed as a means for carrying out exempt functions. The work actually performed by the employee during the course of the work week must, first and foremost, be examined and the amount of time the employee spends on such work, together with the employer’s realistic expectations and the realistic requirements of the job, shall be considered in determining whether the employee satisfies this requirement. (6) Who must earn a monthly salary equivalent to no less than two times the state minimum wage for full-time employment. Full-time employment is defined in subdivision (c) of Section 515 as 40 hours per week. (i) “Matching retention payments” means monetary compensation other than salaries, wages, and overtime paid to an eligible full-time employee or eligible part-time employee that was paid on or after December 1, 2021, or will be paid on or before December, 31, 2022, and meets any of the following criteria: (1) The compensation was or is paid as hazard or bonus pay as a result of the COVID-19 pandemic. (2) The compensation was or is paid as a bonus based on performance or financial targets or a payout resulting from performance sharing programs designed to provide employees with a share in performance gains. (3) The compensation was or is paid in response to operational needs of the covered entity or covered services employer, including, but not limited to, staffing shortages or recruitment needs. (j) “Physician entity” means any legal entity that contracts with a qualifying facility to provide physician services, including, but not limited to, professional medical corporations and sole proprietorships. (k) “Qualifying facility” means a health facility that is not a state facility and is licensed as one of the following: (1) A general acute care hospital as defined in subdivision (a) of Section 1250 of the Health and Safety Code. (2) An acute psychiatric hospital as defined in subdivision (b) of Section 1250 of the Health and Safety Code. (3) A skilled nursing facility as defined in subdivision (c) of Section 1250 of the Health and Safety Code. (4) A clinic organized under subdivision (l) of Section 1206 of the Health and Safety Code that is affiliated, owned, or controlled by a person or entity that owns or operates a facility described in paragraph (1). (5) A clinic organized under subdivision (b), (d), or (r) of Section 1206 of the Health and Safety Code that is affiliated, owned, or controlled by a person or entity that owns or operates a facility described in Paragraph (1) or Parts 405 and 491 of Title 42 of the United States Code. (6) A physician organization that is part of a fully integrated delivery system that includes a physician organization, health facility or health system, and a nonprofit health care service plan that provides medical services to enrollees in a specific geographic region of the state through an affiliate hospital system and an exclusive contract between the nonprofit health care service plan and a single physician organization in each geographic region to provide those medical services. (7) A designated public hospital system that is comprised of a designated public hospital, as defined in subdivision (f) of Section 14184.10 of the Welfare and Institutions Code, and its affiliated governmental health and behavioral health provider entities, including nonhospital settings. A single designated public hospital system may include multiple designated public hospitals under common government ownership. (l) “Qualifying work period” means a 91-day period identified by the department beginning no later than 30 days after the enactment of this section. (m) “State facility” means a health facility that is owned or operated by this state or any state department, authority, bureau, commission, or officer, other than a health facility owned or operated by the Regents of the University of California. A health facility owned or operated by the Regents of the University of California is not be considered a state facility. (Added by Stats. 2022, Ch. 47, Sec. 37. (SB 184) Effective June 30, 2022.)
  73. 1492.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4.6. Hospital and Skilled Nursing Facility COVID-19 Worker Retention Pay [1490 - 1495] ( Part 4.6 added by Stats. 2022, Ch. 47, Sec. 37. )

    Verify source ↗

    The department funds retention payments for eligible hospital and skilled nursing facility workers and physicians, while covered entities, covered services employers, and physician entities must provide information, distribute funds on time, report back, and return undistributed money.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4.6. Hospital and Skilled Nursing Facility COVID-19 Worker Retention Pay [1490 - 1495] ( Part 4.6 added by Stats. 2022, Ch. 47, Sec. 37. ) ## 1492. (a) Upon appropriation by the Legislature, the department shall provide funding to participant covered entities, covered services employers, and physician entities to make retention payments to their eligible employees or eligible physicians, and shall make retention payments directly to eligible physicians who are not employees of a covered entity or physician entity, for the public purposes specified in Section 1490. The department may provide up to one thousand five hundred dollars ($1,500) for each eligible full-time employee, one thousand two hundred and fifty dollars ($1,250) for each eligible part-time employee, or one thousand dollars ($1,000) for each eligible physician, subject to the methodology described in subdivision (d) and the aggregate amount of funding available for this purpose. (b) As a condition of receipt of funding pursuant to this section, a covered entity, covered services employer or a physician entity shall submit to the department the following information for each eligible full-time employee, eligible part-time employee, or eligible physician employed by, or otherwise affiliated with, a covered entity, covered services employer, or physician entity, by a date specified by the department: (1) Name of the eligible full-time employee, eligible part-time employee, or, if applicable, eligible physician employed by, or otherwise affiliated with, a covered entity or physician entity. (2) Mailing address of the eligible full-time employee, eligible part-time employee, or, if applicable, eligible physician employed by, or otherwise affiliated with, the covered entity or physician entity. (3) The total amount of matching retention payments that the covered entity or covered services employer paid or will pay to the eligible full-time employee or eligible part-time employee. A covered entity or covered services employer is not obligated to make a matching retention payment. (4) Number of hours for which the covered entity or covered services employer compensated the eligible full-time employee or eligible part-time employee during the qualifying work period. (5) If a covered entity, a list of eligible physicians that are employed by the covered entity, contracted with or employed by a physician entity under contract with the covered entity, or described in subparagraph (A) of paragraph (2) of subdivision (g) of Section 1491. (6) If a covered services employer, a list of covered entities that the covered services employer contracts with for specified services staff. (7) Any other information as required by the department for purposes of implementing this part. (c) Following the deadline specified by the department for submissions by a covered entity, covered services employer, or physician entity pursuant to subdivision (b), the department shall determine the amount of the retention payment to be paid by each participant covered entity, covered services employer, or physician entity to each eligible employee or eligible physician, and the amount of retention payment to be paid by the department to each eligible physician who is not an employee of a covered entity or employed by or contracted with a physician entity, based on available funding and the total number of eligible full-time employees, eligible part-time employees, and eligible physicians reported pursuant to subdivision (b). The amount of the retention payment shall be calculated as follows, subject to available funding and reduced on a pro rata basis if necessary: (1) For an eligible full-time employee, the state payment amount shall be one thousand dollars ($1,000) plus the amount of matching retention payment paid to the eligible full-time employee by the covered entity or covered services employer, up to a total maximum state payment of one thousand five hundred dollars ($1,500). (2) For an eligible part-time employee, the state payment amount shall be seven hundred and fifty dollars ($750) plus the amount of matching retention payment paid to the eligible part-time employee by the covered entity or covered services employer, up to a total maximum state payment of one thousand two hundred and fifty dollars ($1,250). (3) For an eligible physician, the state payment amount shall be one thousand dollars ($1,000). (4) The department may reduce the payment amounts described in paragraphs (1), (2), or (3) on a pro rata basis to reflect the total amount of funding appropriated to the department and the total number of eligible full-time employees, eligible part-time employees, and eligible physicians reported. (5) To the extent feasible, the department shall adopt a methodology so that a single eligible full-time employee, eligible part-time employee, or eligible physician affiliated with multiple covered entities, covered services employers, or physician entities does not receive more than one retention payment. (d) (1) The department shall determine the conditions and data reporting requirements for participant covered entities, covered services employers, and physician entities to be eligible to receive funding for retention payments. (2) The covered entity, covered services employer, or physician entity shall provide all funding to their eligible employees and eligible physicians within 60 days of receipt from the department. The covered entity, covered services employer, or physician entity shall attest, in a form and manner specified by the department and under penalty of perjury, that all funding received pursuant to this section was provided within 60 days of receipt from the department. (3) The covered entity, covered services employer, or physician entity shall immediately return to the department any funding received pursuant to this section that is not distributed within 60 days of receipt from the department. The department shall return the funds to the original appropriation and the Department of Finance may transfer any unspent or returned funds from the original appropriation to the General Fund. (4) The covered entity, covered services employer, or physician entity shall report to the department within 90 days of receipt of funds information on the number of eligible employees or eligible physicians paid by profession type, the total amount of payments made including covered entity or covered services employer matching funds for eligible employees, and information on the timing of payments. (5) The covered employer, covered services employer, or physician entity shall not use the funding to supplant other payments from the covered employer, covered services employer, or physician entity to the eligible full-time employee, eligible part-time employee, or eligible physician. (e) (1) The department may make payments described in this section to covered entities and eligible physicians using the existing Medi-Cal Checkwrite system. Except as required by federal law, any payments made pursuant to this section shall be exempt from any adjustments or deductions made by the department to Medi-Cal payments made to covered entities or eligible physicians, including, but not limited to, provider withholds or provider payment reductions. (2) Payments made pursuant to this section to covered entities, covered services employers, physician entities, or eligible physicians shall not be considered as payments for patient care or medical services. (3) The Department of Health Care Access and Information, in consultation with appropriate stakeholders, shall release a technical letter to instruct covered entities, physician entities, and eligible physicians in how to report this revenue through the established health care financial reports, including, but not limited to, those required under Section 128810 of the Health and Safety Code, or Section 97040 of Title 22 of the California Code of Regulations. (f) The department may enter into exclusive or nonexclusive contracts, or amend existing contracts, on a bid or negotiated basis for purposes of implementing this part. 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 from the State Administrative and State Contracting manuals, and shall be exempt from the review or approval of any division of the Department of General Services. (g) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department and the Department of Health Care Access and Information may implement, interpret, or make specific this part, in whole or in part, by means of information notices or other similar instructions, without taking any further regulatory action. (h) The Legislature finds and declares that this section is a state law within the meaning of Section 1621(d) of Title 8 of the United States Code. (i) This part shall be implemented only to the extent that the department determines that federal financial participation under the Medi-Cal program is not jeopardized. (Added by Stats. 2022, Ch. 47, Sec. 37. (SB 184) Effective June 30, 2022.)
  74. 1493.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4.6. Hospital and Skilled Nursing Facility COVID-19 Worker Retention Pay [1490 - 1495] ( Part 4.6 added by Stats. 2022, Ch. 47, Sec. 37. )

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    Employees or their labor organizations may request a review of disputed retention payments, and employers must review, disclose the amount received, and fix any deficiency within 30 days.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4.6. Hospital and Skilled Nursing Facility COVID-19 Worker Retention Pay [1490 - 1495] ( Part 4.6 added by Stats. 2022, Ch. 47, Sec. 37. ) ## 1493. (a) In the event of a dispute about the status of an employee as a full-time eligible employee, part-time eligible employee, the retention payment amount, or the covered entity’s or covered service employer’s failure to make a retention payment, the employee or a labor organization that represents the employee may write to the employer and request a review of the employee’s eligibility status, retention payment amount, or the employer’s failure to make a retention payment. The employer shall have 30 days to review the employee’s request, disclose to the employee the amount received from the department subject to the methodology described in subdivision (d) of Section 1492, and cure any alleged deficiency without damages. (b) If the covered entity or covered services employer does not conclude the retention payment review described in subdivision (a) within 30 days of receipt of the review request, or the employer does not cure the alleged deficiency within 30 days of receipt of the review request, and the alleged deficiency is five hundred dollars ($500) or less the employee may file a complaint with the Labor Commissioner as provided in Section 98. If the Labor Commissioner finds that the covered entity or covered services employer is liable for failing to make a required retention payment, the covered entity or covered services employer shall be ordered to make full payment of the unpaid amount, plus interest at the rate of interest specified in subdivision (b) of Section 3289 of the Civil Code, which shall accrue from the date that the retention payment funds were transmitted to the covered entity or covered services employer by the department as provided in Section 1492. A covered entity or covered services employer that willfully fails to make a full retention payment after receiving a request for review described in subdivision (a) shall be liable to the employee for liquidated damages in an amount equal to the unpaid amount. (c) If the covered entity or covered services employer does not conclude the retention payment review described in subdivision (a) within 30 days of receipt of the review request, or does not cure the alleged deficiency within 30 days of receipt of the review request, and the alleged deficiency is greater than five hundred dollars ($500) the employee may file a complaint with the Labor Commissioner as provided in Section 98 or the employee may file a civil action in court to recover the deficiency. If the Labor Commissioner or court finds that the covered entity or covered services employer is liable for failing to make a required retention payment, or designate an employee for such payment, the covered entity or covered services employer shall be ordered to make full payment of the unpaid amount, plus interest at the rate of interest specified in subdivision (b) of Section 3289 of the Civil Code, which shall accrue from the date that the retention payment funds were transmitted to the covered entity or covered services employer by the department as provided in Section 1492 or from the date a covered employer or covered services employer should have designated an employee for such payment. A covered entity or covered services employer that willfully fails to make a full retention payment after receiving a request for review described in subdivision (a) shall be liable to the employee for liquidated damages in an amount equal to the unpaid amount. In any civil action brought by an employee for the nonpayment of retention payments, the court shall award reasonable attorney’s fees and costs to a prevailing employee. (d) Notwithstanding any other law, the Department shall not be liable for any payment, interest, liquidated damages or attorney’s fees and costs awarded to an employee pursuant to this section, and shall not be required to indemnify a covered entity or covered services employer for any such liability they incur pursuant to this section. (e) The Labor Commissioner shall enforce this part, including investigating an alleged violation, and ordering appropriate temporary relief to mitigate the violation or to maintain the status quo pending the completion of a full investigation or hearing through the procedures set forth in Sections 98, 98.3, or 1197.1, including by issuance of a citation against an employer who violates this article, and by filing a civil action. If a citation is issued, the procedures for issuing, contesting, and enforcing judgments for citations and civil penalties issued by the Labor Commissioner shall be the same as those set out in Section 1197.1, as appropriate. (Added by Stats. 2022, Ch. 47, Sec. 37. (SB 184) Effective June 30, 2022.)
  75. 1494.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4.6. Hospital and Skilled Nursing Facility COVID-19 Worker Retention Pay [1490 - 1495] ( Part 4.6 added by Stats. 2022, Ch. 47, Sec. 37. )

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    A physician can request review of a disputed retention payment issue, and the physician entity must review, disclose the payment amount, and fix any deficiency within 30 days.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4.6. Hospital and Skilled Nursing Facility COVID-19 Worker Retention Pay [1490 - 1495] ( Part 4.6 added by Stats. 2022, Ch. 47, Sec. 37. ) ## 1494. (a) In the event of a dispute about the status of an eligible physician, the retention payment amount, or the physician entity’s failure to make a retention payment, the physician may write to the physician entity and request a review of the physician’s eligibility status, retention payment amount, or the physician entity’s failure to make a retention payment. The physician entity shall have 30 days to review the physician’s request, disclose to the physician the amount received from the department subject to the methodology described in subdivision (d) of Section 1492, and cure any alleged deficiency without penalty. (b) If the physician entity does not conclude the retention payment review described in subdivision (a) within 30 days of receipt of the review request, or the physician entity does not cure the alleged deficiency within 30 days of receipt of the review request, the employee may file a complaint with the department. If the department finds that the physician entity failed to make a required retention payment, the physician entity shall be ordered to make full payment of the unpaid amount, plus interest at the rate of interest specified in subdivision (b) of Section 3289 of the Civil Code, which shall accrue from the date that the retention payment funds were transmitted to the physician entity by the department as provided in Section 1492. A physician employer that willfully fails to make a full retention payment after receiving a request for review described in subdivision (a) shall be liable to the employee for liquidated damages in an amount equal to the unpaid amount. (c) Notwithstanding any other law, the department shall not be required to indemnify a physician entity for any liability it incurs pursuant to subdivision (b). (Added by Stats. 2022, Ch. 47, Sec. 37. (SB 184) Effective June 30, 2022.)
  76. 1495.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4.6. Hospital and Skilled Nursing Facility COVID-19 Worker Retention Pay [1490 - 1495] ( Part 4.6 added by Stats. 2022, Ch. 47, Sec. 37. )

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    This section says retention payments are not wages and limits civil claims and certain damages related to the program.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 4.6. Hospital and Skilled Nursing Facility COVID-19 Worker Retention Pay [1490 - 1495] ( Part 4.6 added by Stats. 2022, Ch. 47, Sec. 37. ) ## 1495. (a) In serving as a conduit for the retention payments under this part, covered entities, covered services employers, and physician entities are carrying out a state program. This part does not create a private right of action in any civil litigation against covered entities, covered services employers, and physician entities regarding the administration of the retention payment program and in the receipt and transmittal of retention payment program funds. (b) Notwithstanding any other law, retention payments described in this part are not wages as defined in Section 200. (c) Except as provided in Sections 1493 and 1494, and notwithstanding any other law, covered entities, covered services employers, physician entities, and the department shall not be liable for damages awarded under Section 3294 of the Civil Code, Sections 2698 to 2699.5, or other damages imposed primarily for the sake of example and by way of punishing the defendant, in any civil litigation related to the retention payments described in this part. (Added by Stats. 2022, Ch. 47, Sec. 37. (SB 184) Effective June 30, 2022.)
  77. 15.

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

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    This section says that “shall” means mandatory and “may” means permissive.

    ## Labor Code - LAB ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 90. ) ## 15. “Shall” is mandatory and “may” is permissive. (Enacted by Stats. 1937, Ch. 90.)
  78. 150.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 7. Labor Statistics and Research [150 - 157] ( Heading of Chapter 7 amended by Stats. 2012, Ch. 46, Sec. 82. )

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    The department must collect, compile, and present facts and statistics about labor conditions in the state.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 7. Labor Statistics and Research [150 - 157] ( Heading of Chapter 7 amended by Stats. 2012, Ch. 46, Sec. 82. ) ## 150. (a) The department shall collect, compile, and present facts and statistics relating to the condition of labor in the state, including information as to cost of living, labor supply and demand, industrial relations, industrial disputes, industrial accidents and safety, labor productivity, sanitary and other conditions, prison labor, and such other matters in relation to labor as the Director of Industrial Relations deems desirable. (b) To the extent not in conflict with this or any other section, on the date this subdivision becomes operative, the responsibilities of the Division of Labor Statistics and Research that are specified in Subchapter 1 (commencing with Section 14000) and Subchapter 2 (commencing with Section 14900) of Chapter 7 of Division 1 of Title 8 of the California Code of Regulations are reassigned to the Division of Occupational Safety and Health and the responsibilities of the Division of Labor Statistics and Research that are specified in Subchapter 3 (commencing with Section 16000) of Chapter 8 of Division 1 of Title 8 of the California Code of Regulations are reassigned to the Division of Labor Standards Enforcement. (Amended by Stats. 2012, Ch. 46, Sec. 83. (SB 1038) Effective June 27, 2012.)
  79. 1500.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 5. Civil Air Patrol [1500 - 1507] ( Part 5 added by Stats. 2009, Ch. 242, Sec. 1. )

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    This part may be cited as the Civil Air Patrol Employment Protection Act.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 5. Civil Air Patrol [1500 - 1507] ( Part 5 added by Stats. 2009, Ch. 242, Sec. 1. ) ## 1500. This part shall be known and may be cited as the Civil Air Patrol Employment Protection Act. (Added by Stats. 2009, Ch. 242, Sec. 1. (AB 485) Effective January 1, 2010.)
  80. 1501.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 5. Civil Air Patrol [1500 - 1507] ( Part 5 added by Stats. 2009, Ch. 242, Sec. 1. )

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    This section defines key terms for Civil Air Patrol leave, employee, employee benefits, and employer.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 5. Civil Air Patrol [1500 - 1507] ( Part 5 added by Stats. 2009, Ch. 242, Sec. 1. ) ## 1501. In this part, the following terms have the following meanings: (a) “Civil Air Patrol leave” means leave requested by an employee who is a volunteer member of the California Wing of the civilian auxiliary of the United States Air Force commonly known as the Civil Air Patrol and who has been duly directed and authorized by the United States Air Force, the California Emergency Management Agency, or other political subdivision of the State of California that has the authority to authorize an emergency operational mission of the California Wing of the Civil Air Patrol, to respond to an emergency operational mission, within or outside of the state, of the California Wing of the Civil Air Patrol. (b) “Employee” means a person who may be permitted, required, or directed by an employer for wages or pay to engage in any employment and who has been employed by that employer for at least a 90-day period immediately preceding the commencement of leave, if otherwise eligible for leave. (c) “Employee benefits” means all benefits, other than salary and wages, provided or made available to an employee by an employer and includes group life insurance, health insurance, disability insurance, and pensions, regardless of whether benefits are provided by a policy or practice of an employer. (d) “Employer” means any person, partnership, corporation, association, or other business entity; or the State of California, a municipality, or other unit of local government; that employs more than 15 employees. (Added by Stats. 2009, Ch. 242, Sec. 1. (AB 485) Effective January 1, 2010.)
  81. 1502.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 5. Civil Air Patrol [1500 - 1507] ( Part 5 added by Stats. 2009, Ch. 242, Sec. 1. )

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    An employer must not discriminate against, discharge, hinder, or prevent a Civil Air Patrol member from employment or service because of that membership.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 5. Civil Air Patrol [1500 - 1507] ( Part 5 added by Stats. 2009, Ch. 242, Sec. 1. ) ## 1502. An employer shall not discriminate against or discharge from employment a member of the Civil Air Patrol because of such membership and shall not hinder or prevent a member from performing service as part of the California Wing of the Civil Air Patrol during an emergency operational mission of the California Wing of the Civil Air Patrol for which a member is entitled to leave under this part. (Added by Stats. 2009, Ch. 242, Sec. 1. (AB 485) Effective January 1, 2010.)
  82. 1503.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 5. Civil Air Patrol [1500 - 1507] ( Part 5 added by Stats. 2009, Ch. 242, Sec. 1. )

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    Employers must provide unpaid Civil Air Patrol leave, subject to limits and exceptions; employees must give notice, and employers may ask for certification.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 5. Civil Air Patrol [1500 - 1507] ( Part 5 added by Stats. 2009, Ch. 242, Sec. 1. ) ## 1503. (a) (1) An employer shall provide not less than 10 days per calendar year of unpaid Civil Air Patrol leave to an employee responding to an emergency operational mission of the California Wing of the Civil Air Patrol. Civil Air Patrol leave for a single emergency operational mission shall not exceed three days, unless an extension of time is granted by the governmental entity that authorized the emergency operational mission, and the extension of the leave is approved by the employer. (2) Notwithstanding paragraph (1), an employer is not required to grant Civil Air Patrol leave to an employee who is required to respond to either the same or other simultaneous emergency operational mission as a first responder or disaster service worker for a local, state, or federal agency. (b) (1) An employee shall give the employer as much notice as possible of the intended dates upon which the Civil Air Patrol leave will begin and end. (2) An employer may require certification from the proper Civil Air Patrol authority to verify the eligibility of the employee for the leave requested or taken. The employer may deny the leave to be taken as Civil Air Patrol leave if the employee fails to provide the required certification. (c) An employee taking leave under this part shall not be required to exhaust all accrued vacation leave, personal leave, compensatory leave, sick leave, disability leave, and any other leave that may be available to the employee in order to take Civil Air Patrol leave. (d) Nothing in this act prevents an employer from providing paid leave for leave taken pursuant to this part. (Added by Stats. 2009, Ch. 242, Sec. 1. (AB 485) Effective January 1, 2010.)
  83. 1504.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 5. Civil Air Patrol [1500 - 1507] ( Part 5 added by Stats. 2009, Ch. 242, Sec. 1. )

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    After a leave under this part ends, an employer must restore the employee to the prior or an equivalent position, unless unrelated conditions justify not doing so. The employer and employee may also negotiate for the employer to keep the employee’s benefits during the leave at the employer’s expense.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 5. Civil Air Patrol [1500 - 1507] ( Part 5 added by Stats. 2009, Ch. 242, Sec. 1. ) ## 1504. (a) An employer shall, upon expiration of a leave authorized by this part, restore an employee to the position held by him or her when the leave began or to a position with equivalent seniority status, employee benefits, pay, and other terms and conditions of employment. An employer may decline to restore an employee as required in this subdivision because of conditions unrelated to the exercise of rights under this part by the employee. (b) An employer and an employee may negotiate for the employer to maintain the benefits of the employee at the expense of the employer during the leave. (Added by Stats. 2009, Ch. 242, Sec. 1. (AB 485) Effective January 1, 2010.)
  84. 1505.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 5. Civil Air Patrol [1500 - 1507] ( Part 5 added by Stats. 2009, Ch. 242, Sec. 1. )

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    Civil Air Patrol leave under this part cannot reduce accrued employee benefits, and employers must still follow any agreement or benefit plan that gives workers greater leave rights.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 5. Civil Air Patrol [1500 - 1507] ( Part 5 added by Stats. 2009, Ch. 242, Sec. 1. ) ## 1505. (a) Taking Civil Air Patrol leave under this part shall not result in the loss of an employee benefit accrued before the date on which the leave began. (b) This part does not affect the obligation of an employer to comply with any collective bargaining agreement or employee benefit plan that provides greater leave rights to employees than the rights provided under this part. (c) The rights provided under this part shall not be diminished by any collective bargaining agreement or employee benefit plan entered into on or after January 1, 2010. (d) This part does not affect or diminish the contract rights or seniority status of an employee not entitled to Civil Air Patrol leave. (Added by Stats. 2009, Ch. 242, Sec. 1. (AB 485) Effective January 1, 2010.)
  85. 1506.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 5. Civil Air Patrol [1500 - 1507] ( Part 5 added by Stats. 2009, Ch. 242, Sec. 1. )

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    An employer must not interfere with Civil Air Patrol-related rights, and must not punish or discriminate against an employee for exercising those rights or opposing unlawful practices.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 5. Civil Air Patrol [1500 - 1507] ( Part 5 added by Stats. 2009, Ch. 242, Sec. 1. ) ## 1506. (a) An employer shall not interfere with, restrain, or deny the exercise or the attempt to exercise a right established by this part. (b) An employer shall not discharge, fine, suspend, expel, discipline, or in any other manner discriminate against an employee who does any of the following: (1) Exercises a right provided under this part. (2) Opposes a practice made unlawful by this part. (Added by Stats. 2009, Ch. 242, Sec. 1. (AB 485) Effective January 1, 2010.)
  86. 1507.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 5. Civil Air Patrol [1500 - 1507] ( Part 5 added by Stats. 2009, Ch. 242, Sec. 1. )

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    An employee may sue in the superior court to enforce this part, and the court may stop violations and grant equitable relief.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 5. Civil Air Patrol [1500 - 1507] ( Part 5 added by Stats. 2009, Ch. 242, Sec. 1. ) ## 1507. (a) An employee may bring a civil action in the superior court of the appropriate county to enforce this part. (b) The court may enjoin any act or practice that violates this part and may order any equitable relief necessary and appropriate to redress the violation or to enforce this part. (Added by Stats. 2009, Ch. 242, Sec. 1. (AB 485) Effective January 1, 2010.)
  87. 1508.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 5.5. ORGAN AND BONE MARROW DONATION [1508 - 1513] ( Part 5.5 added by Stats. 2010, Ch. 646, Sec. 1. )

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    This section says Part 5.5 may be cited as the Michelle Maykin Memorial Donation Protection Act.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 5.5. ORGAN AND BONE MARROW DONATION [1508 - 1513] ( Part 5.5 added by Stats. 2010, Ch. 646, Sec. 1. ) ## 1508. This part shall be known and may be cited as the Michelle Maykin Memorial Donation Protection Act. (Added by Stats. 2010, Ch. 646, Sec. 1. (SB 1304) Effective January 1, 2011.)
  88. 1509.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 5.5. ORGAN AND BONE MARROW DONATION [1508 - 1513] ( Part 5.5 added by Stats. 2010, Ch. 646, Sec. 1. )

    Verify source ↗

    This section defines “employee,” “employee benefits,” and “employer” for this part of the Labor Code.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 5.5. ORGAN AND BONE MARROW DONATION [1508 - 1513] ( Part 5.5 added by Stats. 2010, Ch. 646, Sec. 1. ) ## 1509. For purposes of this part, the following terms have the following meanings: (a) “Employee” and “employee benefits” have the same meanings set forth in Section 1501. (b) “Employer” means any person, partnership, corporation, association, or other business entity that employs 15 or more employees. (Amended by Stats. 2011, Ch. 296, Sec. 195. (AB 1023) Effective January 1, 2012.)
  89. 151.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 7. Labor Statistics and Research [150 - 157] ( Heading of Chapter 7 amended by Stats. 2012, Ch. 46, Sec. 82. )

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    The department must conduct an annual apprenticeship survey, with support from the Division of Apprenticeship Standards and use of available federal data when helpful.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 7. Labor Statistics and Research [150 - 157] ( Heading of Chapter 7 amended by Stats. 2012, Ch. 46, Sec. 82. ) ## 151. (a) The department shall conduct an annual survey of the ethnic derivation and gender of the individuals who are parties to apprentice agreements described in Section 3077. In conducting this survey, the division shall use any pertinent data which the federal government may provide to avoid duplication of effort. (b) The Division of Apprenticeship Standards shall cooperate in the accomplishment of the survey required by this section. The occasion of this survey may be used to gather additional current data as may be of benefit to apprenticeship programs. (c) Data gathered pursuant to this section shall not be evidence per se of an unlawful employment practice. (d) This section shall not be construed to authorize a state agency to require an employer to employ a specified percentage of individuals of any particular ethnic derivation or gender irrespective of those individuals’ qualifications for employment. (Amended by Stats. 2022, Ch. 67, Sec. 8. (SB 191) Effective June 30, 2022.)
  90. 1510.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 5.5. ORGAN AND BONE MARROW DONATION [1508 - 1513] ( Part 5.5 added by Stats. 2010, Ch. 646, Sec. 1. )

    Verify source ↗

    Employers must provide paid and unpaid leave for organ and bone marrow donation, and employees must give written verification to receive it.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 5.5. ORGAN AND BONE MARROW DONATION [1508 - 1513] ( Part 5.5 added by Stats. 2010, Ch. 646, Sec. 1. ) ## 1510. (a) Subject to subdivision (c), an employer shall grant to an employee the following paid leaves of absence: (1) A leave of absence, not exceeding 30 business days in a one-year period, to an employee who is an organ donor, for the purpose of donating the employee’s organ to another person. The one-year period is measured from the date the employee’s leave begins and shall consist of 12 consecutive months. (2) A leave of absence, not exceeding five business days in a one-year period, to an employee who is a bone marrow donor, for the purpose of donating the employee’s bone marrow to another person. The one-year period is measured from the date the employee’s leave begins and shall consist of 12 consecutive months. (b) Subject to subdivision (c), an employer shall grant an additional unpaid leave of absence, not exceeding 30 business days in a one-year period, to an employee who is an organ donor, for the purpose of donating the employee’s organ to another person. The one-year period is measured from the date the employee’s leave begins and shall consist of 12 consecutive months. (c) In order to receive a leave of absence pursuant to subdivision (a) or (b) an employee shall provide written verification to the employer that the employee is an organ or bone marrow donor and that there is a medical necessity for the donation of the organ or bone marrow. (d) Any period of time during which an employee is required to be absent from the employee’s position by reason of being an organ or bone marrow donor is not a break in the employee’s continuous service for the purpose of the employee’s right to salary adjustments, sick leave, vacation, paid time off, annual leave, or seniority. During any period that an employee takes leave pursuant to subdivision (a), the employer shall maintain and pay for coverage under a group health plan, as defined in Section 5000(b) of the Internal Revenue Code of 1986, for the full duration of the leave, in the same manner the coverage would have been maintained if the employee had been actively at work during the leave period. (e) This part does not affect the obligation of an employer to comply with a collective bargaining agreement or employee benefit plan that provides greater leave rights to employees than the rights provided under this part. (f) The rights provided under this part shall not be diminished by a collective bargaining agreement or employee benefit plan entered into on or after January 1, 2011. (g) An employer may require, as a condition of an employee’s initial receipt of bone marrow or organ donation leave, that an employee take up to five days of earned but unused sick leave, vacation, or paid time off for bone marrow donation and up to two weeks of earned but unused sick leave, vacation, or paid time off for organ donation, unless doing so would violate the provisions of any applicable collective bargaining agreement. (h) Notwithstanding existing law, bone marrow and organ donation leave shall not be taken concurrently with any leave taken pursuant to the federal Family and Medical Leave Act of 1993 (29 U.S.C. Sec. 2601 et seq.) or the Moore-Brown-Roberti Family Rights Act (Sections 12945.2 and 19702.3 of the Government Code). (i) Leave provided for pursuant to this section may be taken in one or more periods, but in no event shall exceed the amount of leave prescribed in subdivisions (a) and (b). (Amended by Stats. 2019, Ch. 316, Sec. 6. (AB 1223) Effective January 1, 2020.)
  91. 1511.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 5.5. ORGAN AND BONE MARROW DONATION [1508 - 1513] ( Part 5.5 added by Stats. 2010, Ch. 646, Sec. 1. )

    Verify source ↗

    After a leave under this part ends, an employer must return the employee to the prior job or an equivalent one.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 5.5. ORGAN AND BONE MARROW DONATION [1508 - 1513] ( Part 5.5 added by Stats. 2010, Ch. 646, Sec. 1. ) ## 1511. An employer shall, upon expiration of a leave authorized by this part, restore an employee to the position held by him or her when the leave began or to a position with equivalent seniority status, employee benefits, pay, and other terms and conditions of employment. An employer may decline to restore an employee as required in this section because of conditions unrelated to the exercise of rights under this part by the employee. (Added by Stats. 2010, Ch. 646, Sec. 1. (SB 1304) Effective January 1, 2011.)
  92. 1512.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 5.5. ORGAN AND BONE MARROW DONATION [1508 - 1513] ( Part 5.5 added by Stats. 2010, Ch. 646, Sec. 1. )

    Verify source ↗

    Employers must not interfere with organ or bone marrow donation rights or retaliate against employees for exercising those rights or opposing unlawful practices.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 5.5. ORGAN AND BONE MARROW DONATION [1508 - 1513] ( Part 5.5 added by Stats. 2010, Ch. 646, Sec. 1. ) ## 1512. (a) An employer shall not interfere with, restrain, or deny the exercise or the attempt to exercise a right established by this part. (b) An employer shall not discharge, fine, suspend, expel, discipline, or in any other manner discriminate against an employee who does either of the following: (1) Exercises a right provided under this part. (2) Opposes a practice made unlawful by this part. (Added by Stats. 2010, Ch. 646, Sec. 1. (SB 1304) Effective January 1, 2011.)
  93. 1513.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 5.5. ORGAN AND BONE MARROW DONATION [1508 - 1513] ( Part 5.5 added by Stats. 2010, Ch. 646, Sec. 1. )

    Verify source ↗

    An employee may sue in superior court to enforce this part, and the court may stop violations or grant equitable relief.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 5.5. ORGAN AND BONE MARROW DONATION [1508 - 1513] ( Part 5.5 added by Stats. 2010, Ch. 646, Sec. 1. ) ## 1513. (a) An employee may bring a civil action in the superior court of the appropriate county to enforce this part. (b) The court may enjoin any act or practice that violates this part and may order any equitable relief necessary and appropriate to redress the violation or to enforce this part. (Added by Stats. 2010, Ch. 646, Sec. 1. (SB 1304) Effective January 1, 2011.)
  94. 152.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 7. Labor Statistics and Research [150 - 157] ( Heading of Chapter 7 amended by Stats. 2012, Ch. 46, Sec. 82. )

    Verify source ↗

    The Director of Industrial Relations and authorized department employees may compel witnesses and records, take oaths and affidavits, and enter places of labor. People who willfully refuse requested statistics or deny access to labor places commit a misdemeanor.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 7. Labor Statistics and Research [150 - 157] ( Heading of Chapter 7 amended by Stats. 2012, Ch. 46, Sec. 82. ) ## 152. The Director of Industrial Relations and authorized employees of the department may issue subpoenas to compel the attendance of witnesses and production of books, papers, and records; administer oaths; examine witnesses under oath; take the verification or proof of written instruments; and take depositions and affidavits for the purpose of carrying out the provisions of this code and performing the duties required by this chapter. They shall have free access to all places of labor. Any person, or agent or officer thereof, who willfully neglects or refuses to furnish statistics requested by the division, which are in his or her possession, or under his or her control, or who refuses to admit the director or his or her authorized employee to a place of labor, is guilty of a misdemeanor. The director may direct the chief and the employees of other divisions of the department to transmit any statistical information in their possession, or to conduct investigations and otherwise assist in the gathering of whatever statistics the director deems desirable. (Amended by Stats. 2012, Ch. 46, Sec. 85. (SB 1038) Effective June 27, 2012.)
  95. 153.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 7. Labor Statistics and Research [150 - 157] ( Heading of Chapter 7 amended by Stats. 2012, Ch. 46, Sec. 82. )

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    Names of people who provide information under this chapter must not be used in reports prepared under the chapter, except as allowed by Section 151.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 7. Labor Statistics and Research [150 - 157] ( Heading of Chapter 7 amended by Stats. 2012, Ch. 46, Sec. 82. ) ## 153. Except as provided in Section 151 no use shall be made in the statistical or other reports prepared pursuant to this chapter of the names of persons supplying the information required under this code. Any agent or employee of the department who violates this section is guilty of a misdemeanor. (Amended by Stats. 2012, Ch. 46, Sec. 86. (SB 1038) Effective June 27, 2012.)
  96. 1550.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 5.6. WORKPLACE KNOW YOUR RIGHTS [1550 - 1559] ( Part 5.6 added by Stats. 2025, Ch. 667, Sec. 1. )

    Verify source ↗

    This section names the part the Workplace Know Your Rights Act and allows it to be cited by that name.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 5.6. WORKPLACE KNOW YOUR RIGHTS [1550 - 1559] ( Part 5.6 added by Stats. 2025, Ch. 667, Sec. 1. ) ## 1550. This part shall be known, and may be cited, as the Workplace Know Your Rights Act. (Added by Stats. 2025, Ch. 667, Sec. 1. (SB 294) Effective January 1, 2026.)
  97. 1551.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 5.6. WORKPLACE KNOW YOUR RIGHTS [1550 - 1559] ( Part 5.6 added by Stats. 2025, Ch. 667, Sec. 1. )

    Verify source ↗

    The Legislature states that California workers should have a strong understanding of their worker rights and constitutional rights.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 5.6. WORKPLACE KNOW YOUR RIGHTS [1550 - 1559] ( Part 5.6 added by Stats. 2025, Ch. 667, Sec. 1. ) ## 1551. (a) It is the intent of the Legislature that California workers have a strong understanding of their rights as workers, as well as their constitutional rights. (b) It is further the intent of the Legislature to equip workers with knowledge of their rights that they can also use to protect their families, neighbors, and communities at a time of potential disruption, dislocation, and fear for many Californians. (Added by Stats. 2025, Ch. 667, Sec. 1. (SB 294) Effective January 1, 2026.)
  98. 1552.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 5.6. WORKPLACE KNOW YOUR RIGHTS [1550 - 1559] ( Part 5.6 added by Stats. 2025, Ch. 667, Sec. 1. )

    Verify source ↗

    This section defines “authorized representative” for this part as an exclusive collective bargaining representative.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 5.6. WORKPLACE KNOW YOUR RIGHTS [1550 - 1559] ( Part 5.6 added by Stats. 2025, Ch. 667, Sec. 1. ) ## 1552. For purposes of this part, “authorized representative” means an exclusive collective bargaining representative. (Added by Stats. 2025, Ch. 667, Sec. 1. (SB 294) Effective January 1, 2026.)
  99. 1553.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 5.6. WORKPLACE KNOW YOUR RIGHTS [1550 - 1559] ( Part 5.6 added by Stats. 2025, Ch. 667, Sec. 1. )

    Verify source ↗

    Employers must give employees a written workplace-rights notice, include required content, use the proper language when available, and keep compliance 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 5.6. WORKPLACE KNOW YOUR RIGHTS [1550 - 1559] ( Part 5.6 added by Stats. 2025, Ch. 667, Sec. 1. ) ## 1553. (a) On or before February 1, 2026, and annually thereafter, an employer shall provide a stand-alone written notice to each current employee pursuant to this section in a manner the employer normally uses to communicate employment-related information. The notice may include, but is not limited to, personal service, email, or text message, if it can reasonably be anticipated to be received by the employee within one business day of sending. The written notice shall also be provided to each new employee upon hire. Written notice shall also be annually provided to the employee’s authorized representative, if any, by either electronic or regular mail. The notice shall contain a description of workers’ rights in the following areas: (1) The right to workers’ compensation benefits, including disability pay and medical care for work-related injuries or illness, as well as the contact information for the Division of Workers’ Compensation. (2) The right to notice of inspection by immigration agencies pursuant to subdivision (a) of Section 90.2. (3) Protection against unfair immigration-related practices against a person exercising protected rights. (4) The right to organize a union or engage in concerted activity in the workplace. (5) Constitutional rights when interacting with law enforcement at the workplace, including an employee’s right under the Fourth Amendment to the United States Constitution to be free from unreasonable searches and seizures and rights under the Fifth Amendment to the United States Constitution to due process and against self-incrimination. (b) The notice shall also contain both of the following: (1) A description of new legal developments pertaining to laws enforced by the Labor and Workforce Development Agency that the Labor Commissioner deems material and necessary. The Labor Commissioner shall include a list of those developments, if any, in the template notice described in paragraph (a) of Section 1554. (2) A list, developed by the Labor Commissioner, of the enforcement agencies that may enforce the underlying rights in the notice. The Labor Commissioner shall include this list in the template notice described in paragraph (a) of Section 1554. (c) The written notice shall be provided to an employee in the language the employer normally uses to communicate employment-related information to the employee and which the employee understands if the template notice is available in that language on the Labor Commissioner’s internet website. If the template notice is not available in that language, then the written notice may be provided in English. (d) An employer may, in addition to the required written notice, choose to provide a link to, or show, the video developed by the Labor Commissioner’s office pursuant to subdivision (b) of Section 1554. (e) An employer shall keep records of compliance with the requirements of this section for three years, including the date that each written notice is provided or sent. (Added by Stats. 2025, Ch. 667, Sec. 1. (SB 294) Effective January 1, 2026.)
  100. 1554.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 5.6. WORKPLACE KNOW YOUR RIGHTS [1550 - 1559] ( Part 5.6 added by Stats. 2025, Ch. 667, Sec. 1. )

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    The Labor Commissioner must create and post a workplace rights template notice and employee/employer videos, and make them available in specified languages.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 5.6. WORKPLACE KNOW YOUR RIGHTS [1550 - 1559] ( Part 5.6 added by Stats. 2025, Ch. 667, Sec. 1. ) ## 1554. (a) The Labor Commissioner shall develop a template notice that an employer may use to comply with the requirements of Section 1553. On or before January 1, 2026, the Labor Commissioner shall post the template notice on its internet website so that it is accessible to an employer. The Labor Commissioner shall post an updated template notice annually thereafter. The template notice shall be written in plain terminology that is easily understood by a worker. The Labor Commissioner shall make the template notice available in different languages, including English, Spanish, Chinese, Tagalog, Vietnamese, Korean, Hindi, Urdu, and Punjabi. The Labor Commissioner may also provide the template notice in additional languages. (b) On or before July 1, 2026, the Labor Commissioner shall develop a video for employees advising them of their rights under the areas listed in Section 1553. The Labor Commissioner shall make the video available in English and Spanish and may also make the video available in other languages. (c) On or before July 1, 2026, the Labor Commissioner shall develop a video for employers advising them of their rights and requirements under the areas listed in Section 1553, including constitutional rights when interacting with law enforcement at the workplace. (d) The Labor Commissioner shall post the videos developed pursuant to subdivisions (b) and (c) on the Labor Commissioner’s internet website. (e) (1) The Labor Commissioner shall consult with the Agricultural Labor Relations Board and the Public Employment Relations Board in developing the template notice described in subdivision (a) and the videos described in subdivisions (b) and (c). The Agricultural Labor Relations Board and the Public Employment Relations Board shall provide suggested language for the template notice described in subdivision (a) and a suggested script for the videos described in subdivisions (b) and (c) to the Labor Commissioner regarding workers’ rights to organize, form, join, or assist a union, engage in collective bargaining, and participate in concerted activities for mutual aid or protection. (2) The Labor Commissioner shall consult with the Attorney General’s office to develop suggested language for the template notice described in subdivision (a) and a suggested script for the videos described in subdivisions (b) and (c) regarding workers’ and employers’ constitutional rights when interacting with law enforcement at the workplace. (Added by Stats. 2025, Ch. 667, Sec. 1. (SB 294) Effective January 1, 2026.)
  101. 1555.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 5.6. WORKPLACE KNOW YOUR RIGHTS [1550 - 1559] ( Part 5.6 added by Stats. 2025, Ch. 667, Sec. 1. )

    Verify source ↗

    Employers must let employees name and update an emergency contact, and must notify that contact when an employee is arrested or detained in the specified circumstances.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 5.6. WORKPLACE KNOW YOUR RIGHTS [1550 - 1559] ( Part 5.6 added by Stats. 2025, Ch. 667, Sec. 1. ) ## 1555. (a) If an employee has notified their employer that they would like their designated emergency contact to be notified in the event the employee is arrested or detained, the employer shall notify the designated emergency contact if the employee is arrested or detained on their worksite. If the arrest or detention occurs during work hours, or during the performance of the employee’s job duties, but not on the worksite, the employer shall notify the employee’s designated emergency contact only if the employer has actual knowledge of the arrest or detention of the employee. (b) An employer shall provide an employee the opportunity to name an emergency contact no later than March 30, 2026, for an existing employee, and at the time of hiring for a new employee hired after March 30, 2026. The employer shall also allow an employee to provide updated emergency contact information through the duration of employment. The employer shall allow the employee to indicate whether the emergency contact should be notified if the employee is arrested or detained on their worksite, or during work hours or during the performance of the employee’s job duties, but not on the worksite, if the employer has actual knowledge of the arrest or detention of the employee. (Added by Stats. 2025, Ch. 667, Sec. 1. (SB 294) Effective January 1, 2026.)
  102. 1556.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 5.6. WORKPLACE KNOW YOUR RIGHTS [1550 - 1559] ( Part 5.6 added by Stats. 2025, Ch. 667, Sec. 1. )

    Verify source ↗

    Parties subject to this part may use a collective bargaining agreement to supersede this part’s requirements, but only if the waiver is stated clearly and unambiguously in the agreement.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 5.6. WORKPLACE KNOW YOUR RIGHTS [1550 - 1559] ( Part 5.6 added by Stats. 2025, Ch. 667, Sec. 1. ) ## 1556. Parties subject to this part may provide, by collective bargaining agreement, that the agreement supersedes the requirements of this part, in whole or in part, if the waiver is explicitly set forth in the agreement in clear and unambiguous terms. (Added by Stats. 2025, Ch. 667, Sec. 1. (SB 294) Effective January 1, 2026.)
  103. 1557.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 5.6. WORKPLACE KNOW YOUR RIGHTS [1550 - 1559] ( Part 5.6 added by Stats. 2025, Ch. 667, Sec. 1. )

    Verify source ↗

    An employer must not retaliate against an employee for using or helping enforce the rights in this part.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 5.6. WORKPLACE KNOW YOUR RIGHTS [1550 - 1559] ( Part 5.6 added by Stats. 2025, Ch. 667, Sec. 1. ) ## 1557. An employer shall not discharge, threaten to discharge, demote, suspend, or in any manner discriminate or retaliate against an employee for exercising or attempting to exercise their rights under this part, filing a complaint with the Labor Commissioner alleging a violation of this part, cooperating in an investigation or prosecution of an alleged violation of this part, or for any action taken by an employee to invoke, or assist in any manner in, the enforcement of this part. (Added by Stats. 2025, Ch. 667, Sec. 1. (SB 294) Effective January 1, 2026.)
  104. 1558.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 5.6. WORKPLACE KNOW YOUR RIGHTS [1550 - 1559] ( Part 5.6 added by Stats. 2025, Ch. 667, Sec. 1. )

    Verify source ↗

    The Labor Commissioner, and alternatively a public prosecutor, may enforce this part; employers that violate it may face penalties and related civil actions.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 5.6. WORKPLACE KNOW YOUR RIGHTS [1550 - 1559] ( Part 5.6 added by Stats. 2025, Ch. 667, Sec. 1. ) ## 1558. (a) The Labor Commissioner shall enforce this part, including investigating an alleged violation, and ordering appropriate temporary relief to mitigate a violation or maintain the status quo pending the completion of a full investigation or hearing through the procedures set forth in Section 98, 98.3, 98.7, 98.74, or 1197.1, including issuing a citation against an employer who violates this section and filing a civil action. If a citation is issued, the procedures for issuing, contesting, and enforcing judgments for citations and civil penalties issued by the Labor Commissioner shall be the same as those set out in Section 98.74 or 1197.1, as applicable. (b) This part may also alternatively be enforced by a public prosecutor pursuant to Chapter 8 (commencing with Section 180) of Division 1. (c) In any civil action brought pursuant to subdivision (a) or (b), the petitioner may seek appropriate temporary or preliminary injunctive relief, including punitive damages, and reasonable attorney’s fees and costs. (d) (1) Except as provided in paragraph (2), in addition to any other remedy, an employer who violates this part may be subject to a penalty of up to five hundred dollars ($500) per employee for each violation. (2) The penalty for a violation of Section 1555 shall be an amount up to five hundred dollars ($500) per employee for each day the violation occurs, up to a maximum of ten thousand dollars ($10,000) per employee. (3) An employee, the Labor Commissioner, or a public prosecutor may recover a penalty under this part as a statutory penalty paid to the employee or a civil penalty, but not both, for the same violation. (e) An action brought pursuant to this section may be brought in the superior court in any county in which the violation in question is alleged to have occurred or in which the employer resides or transacts business. (Added by Stats. 2025, Ch. 667, Sec. 1. (SB 294) Effective January 1, 2026.)
  105. 1559.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 5.6. WORKPLACE KNOW YOUR RIGHTS [1550 - 1559] ( Part 5.6 added by Stats. 2025, Ch. 667, Sec. 1. )

    Verify source ↗

    This part does not override local ordinances that give employees equal or greater protection.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 5.6. WORKPLACE KNOW YOUR RIGHTS [1550 - 1559] ( Part 5.6 added by Stats. 2025, Ch. 667, Sec. 1. ) ## 1559. This part does not preempt any city, county, or city and county ordinance that provides equal or greater protection to employees who are covered by this part. (Added by Stats. 2025, Ch. 667, Sec. 1. (SB 294) Effective January 1, 2026.)
  106. 156.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 7. Labor Statistics and Research [150 - 157] ( Heading of Chapter 7 amended by Stats. 2012, Ch. 46, Sec. 82. )

    Verify source ↗

    The department must complete and publish an annual report on California work injuries, occupational diseases, and fatalities by industry classifications by December 31 of the following calendar year, and make the reports and statistics available to the public.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 7. Labor Statistics and Research [150 - 157] ( Heading of Chapter 7 amended by Stats. 2012, Ch. 46, Sec. 82. ) ## 156. An annual report containing statistics on California work injuries and occupational diseases and fatalities by industry classifications shall be completed and published by the department no later than December 31 of the following calendar year. All of the reports and statistics shall be available to the public. (Amended by Stats. 2012, Ch. 46, Sec. 87. (SB 1038) Effective June 27, 2012.)
  107. 157.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 7. Labor Statistics and Research [150 - 157] ( Heading of Chapter 7 amended by Stats. 2012, Ch. 46, Sec. 82. )

    Verify source ↗

    The Department of Industrial Relations must give the Department of Transportation links to public registries and databases about drayage trucks.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 7. Labor Statistics and Research [150 - 157] ( Heading of Chapter 7 amended by Stats. 2012, Ch. 46, Sec. 82. ) ## 157. (a) The Department of Industrial Relations shall provide the Department of Transportation with links to existing public registries and databases related to drayage trucks. (b) The Department of Industrial Relations shall also provide the Department of Transportation with links to existing public databases that may include information on either or both of the following: (1) Employers who are committing workers’ compensation fraud. (2) Health and safety enforcement activity. (Added by Stats. 2022, Ch. 458, Sec. 3. (AB 2057) Effective January 1, 2023.)
  108. 16.

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

    Verify source ↗

    In this section, “oath” includes affirmation.

    ## Labor Code - LAB ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 90. ) ## 16. “Oath” includes affirmation. (Enacted by Stats. 1937, Ch. 90.)
  109. 1682.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 3. Farm Labor Contractors [1682 - 1699] ( Chapter 3 added by Stats. 1951, Ch. 1746. )

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    This section defines key terms used in the farm labor contractor chapter, including person, farm labor contractor, license, licensee, and fee.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 3. Farm Labor Contractors [1682 - 1699] ( Chapter 3 added by Stats. 1951, Ch. 1746. ) ## 1682. As used in this chapter: (a) “Person” includes any individual, firm, partnership, association, limited liability company, or corporation. (b) “Farm labor contractor” designates any person who, for a fee, employs workers to render personal services in connection with the production of any farm products to, for, or under the direction of a third person, or who recruits, solicits, supplies, or hires workers on behalf of an employer engaged in the growing or producing of farm products, and who, for a fee, provides in connection therewith one or more of the following services: furnishes board, lodging, or transportation for those workers; supervises, times, checks, counts, weighs, or otherwise directs or measures their work; or disburses wage payments to these persons. (c) “License” means a license issued by the Labor Commissioner to carry on the business, activities, or operations of a farm labor contractor under this chapter. (d) “Licensee” means a farm labor contractor who holds a valid and unrevoked license under this chapter. (e) “Fee” shall mean (1) the difference between the amount received by a labor contractor and the amount paid out by him or her to persons employed to render personal services to, for or under the direction of a third person; (2) any valuable consideration received or to be received by a farm labor contractor for or in connection with any of the services described above, and shall include the difference between any amount received or to be received by him or her, and the amount paid out by him or her, for or in connection with the rendering of such services. (Amended by Stats. 1994, Ch. 1010, Sec. 183. Effective January 1, 1995.)
  110. 1682.3.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 3. Farm Labor Contractors [1682 - 1699] ( Chapter 3 added by Stats. 1951, Ch. 1746. )

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    This section defines “farm labor contractor” to include a “day hauler,” and defines “day hauler” as a person who transports workers by motor vehicle in connection with farm products, either when employed by a farm labor contractor or when doing so for a fee.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 3. Farm Labor Contractors [1682 - 1699] ( Chapter 3 added by Stats. 1951, Ch. 1746. ) ## 1682.3. “Farm labor contractor” includes any “day hauler.” “Day hauler” means any person who is employed by a farm labor contractor to transport, or who for a fee transports, by motor vehicle, workers to render personal services in connection with the production of any farm products to, for, or under the direction of a third person. (Added by Stats. 1957, Ch. 1704.)
  111. 1682.4.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 3. Farm Labor Contractors [1682 - 1699] ( Chapter 3 added by Stats. 1951, Ch. 1746. )

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    A commercial packing house that both harvests and packs citrus fruit or soft fruit for a client or customer is not included in the definition of “farm labor contractor.”

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 3. Farm Labor Contractors [1682 - 1699] ( Chapter 3 added by Stats. 1951, Ch. 1746. ) ## 1682.4. “Farm labor contractor” does not include a commercial packing house engaged in both the harvesting and the packing of citrus fruit or soft fruit for a client or customer. (Added by Stats. 1985, Ch. 662, Sec. 1.)
  112. 1682.5.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 3. Farm Labor Contractors [1682 - 1699] ( Chapter 3 added by Stats. 1951, Ch. 1746. )

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    This chapter does not apply to certain nonprofit service activity and to certain employees acting within the scope of employment rather than as independent contractors.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 3. Farm Labor Contractors [1682 - 1699] ( Chapter 3 added by Stats. 1951, Ch. 1746. ) ## 1682.5. This chapter does not apply to: (a) A nonprofit corporation or organization with respect to services specified in subdivision (b) of Section 1682, which are performed for its members. (b) Any person who performs the services specified in subdivision (b) of Section 1682 only within the scope of his employment by the third person on whose behalf he is so acting and not as an independent contractor. (Added by Stats. 1955, Ch. 1834.)
  113. 1682.7.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 3. Farm Labor Contractors [1682 - 1699] ( Chapter 3 added by Stats. 1951, Ch. 1746. )

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    The Labor Commissioner must ensure the Fresno office has suitable facilities and enough staff for examining and licensing farm labor contractors and handling related complaints.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 3. Farm Labor Contractors [1682 - 1699] ( Chapter 3 added by Stats. 1951, Ch. 1746. ) ## 1682.7. The Labor Commissioner shall ensure that the office maintained in Fresno has suitable facilities and sufficient personnel for the examination and licensing of farm labor contractors and for the processing of complaints against farm labor contractors or any agent of a farm labor contractor. (Added by Stats. 2000, Ch. 877, Sec. 1. Effective January 1, 2001.)
  114. 1682.8.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 3. Farm Labor Contractors [1682 - 1699] ( Chapter 3 added by Stats. 1951, Ch. 1746. )

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    The Labor Commissioner may create and maintain a special enforcement unit in Fresno to hire additional agents for enforcing this chapter.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 3. Farm Labor Contractors [1682 - 1699] ( Chapter 3 added by Stats. 1951, Ch. 1746. ) ## 1682.8. The Labor Commissioner may establish and maintain a Farm Labor Contractor Special Enforcement Unit within the Division of Labor Standards Enforcement office in Fresno of the Department of Industrial Relations for the hiring of additional agents to enforce the provisions of this chapter by revoking, suspending, or refusing to renew farm labor contractors’ licenses pursuant to Section 1690. (Added by Stats. 2000, Ch. 917, Sec. 1. Effective January 1, 2001.)
  115. 1683.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 3. Farm Labor Contractors [1682 - 1699] ( Chapter 3 added by Stats. 1951, Ch. 1746. )

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    A person may not act as a farm labor contractor unless they have a valid license from the Labor Commissioner and have it in their possession.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 3. Farm Labor Contractors [1682 - 1699] ( Chapter 3 added by Stats. 1951, Ch. 1746. ) ## 1683. (a) A person shall not act as a farm labor contractor until a license to do so has been issued to the person by the Labor Commissioner and the license is in full force and effect and in the person’s possession. The Labor Commissioner shall provide by regulation a means of issuing duplicate licenses in case of loss of the original license or any other appropriate instances. (b) (1) A person who violates this section is subject to a civil penalty as follows: (A) For any initial citation, one hundred dollars ($100) for each farmworker employed by the unlicensed person, plus one hundred dollars ($100) for each calendar day that a violation occurs, for a total penalty not to exceed ten thousand dollars ($10,000). (B) For a second citation, two hundred dollars ($200) for each farmworker employed by the unlicensed person, plus two hundred dollars ($200) for each calendar day that a violation occurs, for a total penalty not to exceed twenty thousand dollars ($20,000). (C) For a third or subsequent citation, five hundred dollars ($500) for each farmworker employed by the unlicensed person, plus five hundred dollars ($500) for each calendar day that a violation occurs, for a total penalty not to exceed fifty thousand dollars ($50,000). (2) If, upon inspection or investigation, the Labor Commissioner determines that a person has violated this section, the Labor Commissioner shall issue a citation. The procedures for issuing, contesting, and enforcing citations or civil penalties issued by the Labor Commissioner for a violation of this section are the same as those described in Section 1197.1. (3) The civil penalties collected pursuant to this section shall be deposited into the Farmworker Remedial Account and shall be available, upon appropriation by the Legislature, for purposes of this chapter. (4) The civil penalties provided for in this section are in addition to any other penalty provided by law. (c) For purposes of this section, “license” includes a letter of authorization issued by the Labor Commissioner pursuant to paragraph (2) of subdivision (a) of Section 1695.7. (Amended by Stats. 2012, Ch. 857, Sec. 1. (AB 1675) Effective January 1, 2013.)
  116. 1684.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 3. Farm Labor Contractors [1682 - 1699] ( Chapter 3 added by Stats. 1951, Ch. 1746. )

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    A farm labor contractor license or renewal is blocked unless the applicant satisfies the listed application, bonding, fee, examination, registration, and training requirements.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 3. Farm Labor Contractors [1682 - 1699] ( Chapter 3 added by Stats. 1951, Ch. 1746. ) ## 1684. (a) The Labor Commissioner shall not issue to any person a license to act as a farm labor contractor, nor shall the Labor Commissioner renew that license, until all of the following conditions are satisfied: (1) The person has executed a written application in a form prescribed by the Labor Commissioner, subscribed and sworn to by the person, and containing all of the following: (A) A statement by the person of all facts required by the Labor Commissioner concerning the applicant’s character, competency, and responsibility, and the manner and method by which the person proposes to conduct operations as a farm labor contractor if the license is issued. (B) The names and addresses of all persons, except bona fide employees on stated salaries, financially interested, either as partners, associates, or profit sharers, in the proposed operation as a farm labor contractor, together with the amount of their respective interests. (C) A declaration consenting to the designation by a court of the Labor Commissioner as an agent available to accept service of summons in any action against the licensee if the licensee has left the jurisdiction in which the action is commenced or otherwise has become unavailable to accept service. (D) The names and addresses of all persons who in the previous calendar year performed any services described in subdivision (b) of Section 1682 within the scope of their employment by the licensee on whose behalf they were acting, unless the person was employed as an independent contractor. (2) The Labor Commissioner, after investigation, is satisfied as to the character, competency, and responsibility of the person. (3) (A) The person has deposited with the Labor Commissioner a surety bond in an amount based on the size of the person’s annual payroll for all employees, as follows: (i) For payrolls up to five hundred thousand dollars ($500,000), a twenty-five-thousand-dollar ($25,000) bond. (ii) For payrolls of five hundred thousand dollars ($500,000) to two million dollars ($2,000,000), a fifty-thousand-dollar ($50,000) bond. (iii) For payrolls greater than two million dollars ($2,000,000), a seventy-five-thousand-dollar ($75,000) bond. (B) For purposes of this paragraph, the Labor Commissioner shall require documentation of the size of the person’s annual payroll, which may include, but is not limited to, information provided by the person to the Employment Development Department, the Franchise Tax Board, the Division of Workers’ Compensation, the insurer providing the licensee’s workers’ compensation insurance, or the Internal Revenue Service. (C) If the contractor has been the subject of a final judgment in a year in an amount equal to or greater than the amount of the bond required, they shall be required to deposit an additional bond within 60 days. (D) All bonds required under this chapter shall be payable to the people of the State of California and shall be conditioned upon the farm labor contractor’s compliance with all the terms and provisions of this chapter and subdivisions (j) and (k) of Section 12940 of, and Sections 12950 and 12950.1 of, the Government Code, and payment of all damages occasioned to any person by failure to do so, or by any violation of this chapter or of subdivision (j) or (k) of Section 12940 of, or of Section 12950 or 12950.1 of, the Government Code, or any violation of Title VII of the Civil Rights Act of 1964 (Public Law 88-352), or false statements or misrepresentations made in the procurement of the license. The bond shall also be payable for interest on wages and for any damages arising from violation of orders of the Industrial Welfare Commission, and for any other monetary relief awarded to an agricultural worker as a result of a violation of this code or of subdivision (j) or (k) of Section 12940 of, or Section 12950 or 12950.1 of, the Government Code, or any violation of Title VII of the Civil Rights Act of 1964 (Public Law 88-352). (4) The person has paid to the Labor Commissioner a license fee of five hundred dollars ($500) plus a filing fee of ten dollars ($10). However, when a timely application for renewal is filed, the ten-dollar ($10) filing fee is not required. The license fee shall increase by one hundred dollars ($100), to six hundred dollars ($600), on January 1, 2015. The amount attributable to this increase shall be expended by the Labor Commissioner to fund the Farm Labor Contractor Enforcement Unit and the Farm Labor Contractor License Verification Unit. The Labor Commissioner shall deposit one hundred fifty dollars ($150) of each licensee’s annual license fee into the Farmworker Remedial Account. Funds from this account shall be disbursed by the Labor Commissioner only to persons determined by the Labor Commissioner to have been damaged by any licensee or to persons determined by the Labor Commissioner to have been damaged by an unlicensed farm labor contractor. (A) In making these determinations, the Labor Commissioner shall disburse funds from the Farmworker Remedial Account to satisfy claims against farm labor contractors or unlicensed farm labor contractors, which shall include unpaid wages, interest on wages, and any damages or other monetary relief arising from the violation of orders of the Industrial Welfare Commission or from a violation of this code, including statutory penalties recoverable by an employee determined to be due to an agricultural worker and for all damages arising from any violation of subdivision (j) or (k) of Section 12940 of, or of Section 12950 or 12950.1 of, the Government Code, or any violation of Title VII of the Civil Rights Act of 1964 (Public Law 88-352). (B) A disbursement shall be made pursuant to a claim for recovery from the account in accordance with procedures prescribed by the Labor Commissioner. (C) Disbursed funds subsequently recovered from a liable party by the Labor Commissioner pursuant to Section 1693, or otherwise, shall be returned to the Farmworker Remedial Account. (5) The person has taken a written examination that demonstrates an essential degree of knowledge of the current laws and administrative regulations concerning farm labor contractors as the Labor Commissioner deems necessary for the safety and protection of farmers, farmworkers, and the public, including the identification and prevention of sexual harassment in the workplace. To successfully complete the examinations, the person must correctly answer at least 85 percent of the questions posed. The examination period shall not exceed four hours. The examination may only be taken a maximum of three times in a calendar year. The examinations shall include a demonstration of knowledge of the current laws and regulations regarding wages, hours, and working conditions, penalties, employee housing and transportation, collective bargaining, field sanitation, and safe work practices related to pesticide use, including all of the following subjects: (A) Field reentry regulations. (B) Worker pesticide safety training. (C) Employer responsibility for safe working conditions. (D) Symptoms and appropriate treatment of pesticide poisoning. (6) The person has registered as a farm labor contractor pursuant to the federal Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. Sec. 1801 et seq.), when registration is required pursuant to federal law, and that information is provided by the person to the Labor Commissioner. (7) Each of the person’s employees has registered as a farm labor contractor employee pursuant to the federal Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. Sec. 1801 et seq.) if that registration is required pursuant to federal law, and that information is provided by the person to the Labor Commissioner. (8) (A) The person has executed a written statement, that has been provided to the Labor Commissioner, attesting that the person’s supervisorial employees, including any supervisor, crewleader, mayordomo, foreperson, or other employee whose duties include the supervision, direction, or control of agricultural employees, have been trained at least once for at least two hours each calendar year in the prevention of sexual harassment in the workplace, and that all new nonsupervisorial employees, including agricultural employees, have been trained at the time of hire, and that all nonsupervisorial employees, including agricultural employees, have been trained at least once every two years in identifying, preventing, and reporting sexual harassment in the workplace. (B) Sexual harassment prevention training shall consist of training administered by a licensee or appropriate designee of the licensee. Sexual harassment training for each agricultural employee shall be in the language understood by that employee. The person may comply with this language requirement either by providing the training in that language or by having the training interpreted for the employee in the language that they understand. (C) Sexual harassment prevention training shall include, at a minimum, components of the following as consistent with Section 12950 of the Government Code: (i) The illegality of sexual harassment. (ii) The definition of sexual harassment under applicable state and federal law. (iii) A description of sexual harassment, utilizing examples. (iv) The internal complaint process of the employer available to the employee. (v) The legal remedies and complaint process available through the Civil Rights Department. (vi) Directions for how to contact the Civil Rights Department. (vii) The protection against retaliation provided under current law. (D) (i) The trainer may use the text of the Civil Rights Department’s pamphlet CRD-185, “Sexual Harassment” as a guide to training, or may use other written material or other training resources covering the information required in subparagraph (C). (ii) As part of their application for license renewal, in order to establish that training is occurring, a licensee shall provide the Labor Commissioner with a complete list of all materials or resources utilized to provide sexual harassment prevention training to their agricultural employees in the calendar year before the month the renewal application is submitted. (E) At the conclusion of the training, the trainer shall provide the employee with a copy of the Civil Rights Department’s pamphlet CRD-185, and a record of the training on a form provided by the Labor Commissioner that includes the name of the trainer and the date of the training. (F) The licensee shall keep a record with the names of all employees who have received sexual harassment training for a period of three years. (G) (i) As part of their application for license renewal, the licensee shall provide to the Labor Commissioner the total number of agricultural employees trained in sexual harassment prevention in the calendar year before the month the renewal application is submitted. (ii) The Labor Commissioner shall annually aggregate the data provided under this subparagraph by licensees and publish on the internet website of the Labor Commissioner the total number of agricultural employees trained in sexual harassment prevention in the previous calendar year. (b) The Labor Commissioner shall consult with the Director of Pesticide Regulation, the Department of the California Highway Patrol, the Department of Housing and Community Development, the Employment Development Department, the Civil Rights Department, the Department of Food and Agriculture, the Department of Motor Vehicles, and the Division of Occupational Safety and Health in preparing the examination required by paragraph (5) of subdivision (a) and the appropriate educational materials pertaining to the matters included in the examination, and may charge a fee of not more than two hundred dollars ($200) to cover the cost of administration of the examination. (c) The person shall also enroll and participate in at least nine hours of relevant educational classes each year. The classes shall include at least one hour of sexual harassment prevention training. The classes shall be chosen from a list of approved classes prepared by the Labor Commissioner, in consultation with the persons and entities listed in subdivision (b) and county agricultural commissioners. (d) The Labor Commissioner may renew a license without requiring the applicant for renewal to take the examination specified in paragraph (5) of subdivision (a) if the Labor Commissioner finds that the applicant meets all of the following criteria: (1) Has satisfactorily completed the examination during the immediately preceding two years. (2) Has not during the preceding year been found to be in violation of any applicable laws or regulations including, but not limited to, Division 7 (commencing with Section 12500) of the Food and Agricultural Code, subdivisions (j) and (k) of Section 12940 of, and Section 12950 or 12950.1 of, the Government Code, Part 1 (commencing with Section 17000) of Division 13 of the Health and Safety Code, Division 2 (commencing with Section 200), Division 4 (commencing with Section 3200), and Division 5 (commencing with Section 6300) of this code, and Chapter 1 (commencing with Section 12500) of Division 6 of the Vehicle Code. (3) Has, for each year since the license was obtained, enrolled and participated in at least eight hours of relevant, educational classes, chosen from a list of approved classes prepared by the Labor Commissioner. (4) Has complied with all other requirements of this section. (Amended by Stats. 2022, Ch. 48, Sec. 64. (SB 189) Effective June 30, 2022.)
  117. 1684.3.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 3. Farm Labor Contractors [1682 - 1699] ( Chapter 3 added by Stats. 1951, Ch. 1746. )

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    If a license or renewal application has been filed but processing is not finished, the Labor Commissioner may issue a temporary or provisional license for up to 90 days and may revoke it where appropriate.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 3. Farm Labor Contractors [1682 - 1699] ( Chapter 3 added by Stats. 1951, Ch. 1746. ) ## 1684.3. Whenever an application for a license or renewal is made, and application processing pursuant to this chapter has not been completed, the Labor Commissioner may, at his or her discretion, issue a temporary or provisional license valid for a period not exceeding 90 days, and subject, where appropriate, to the automatic and summary revocation by the Labor Commissioner. Otherwise, the conditions for issuance or renewal shall meet the requirements of Section 1684. (Added by Stats. 1984, Ch. 557, Sec. 2.)
  118. 1684.5.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 3. Farm Labor Contractors [1682 - 1699] ( Chapter 3 added by Stats. 1951, Ch. 1746. )

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    The Labor Commissioner must send the Department of the California Highway Patrol a quarterly list of all licensees.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 3. Farm Labor Contractors [1682 - 1699] ( Chapter 3 added by Stats. 1951, Ch. 1746. ) ## 1684.5. The Labor Commissioner shall quarterly submit to the Department of the California Highway Patrol a list of all licensees. (Amended by Stats. 2000, Ch. 917, Sec. 3. Effective January 1, 2001.)
  119. 1685.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 3. Farm Labor Contractors [1682 - 1699] ( Chapter 3 added by Stats. 1951, Ch. 1746. )

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    A farm labor contractor license must not be granted to applicants who sell liquor on the premises, whose license was revoked within the last three years, or who recently committed sexual harassment-related conduct described here.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 3. Farm Labor Contractors [1682 - 1699] ( Chapter 3 added by Stats. 1951, Ch. 1746. ) ## 1685. No license to operate as a farm labor contractor shall be granted: (a) To any person who sells or proposes to sell intoxicating liquors in a building or on premises where he or she operates or proposes to operate as a farm labor contractor. (b) To a person whose license has been revoked within three years from the date of application. (c) To a person who, within the preceding three years, has been found by a court or an administrative agency to have committed sexual harassment of an employee, or who, within the preceding three years, employed any supervisor, crewleader, mayordomo, foreperson, or any other employee of the applicant whose duties include the supervision, direction, or control of any agricultural worker whom the applicant knew or should have known has been found by a court or an administrative agency, within the preceding three years of his or her employment with the applicant, to have committed sexual harassment of an employee. A person shall be deemed not to have knowledge under this subdivision that any supervisor, crewleader, mayordomo, foreperson, or any other employee has been found by a court or any administrative agency to have committed sexual harassment if that supervisor, crewleader, mayordomo, foreperson, or any other employee executes a statement on a form provided by the Labor Commissioner that includes the following statement: “I have not been found to have committed sexual harassment by any court or any administrative agency within the preceding three years.” This subdivision shall not apply until the Labor Commissioner prepares the form and makes it available on the division’s Internet Web site. (Amended by Stats. 2014, Ch. 750, Sec. 2. (SB 1087) Effective January 1, 2015.)
  120. 1686.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 3. Farm Labor Contractors [1682 - 1699] ( Chapter 3 added by Stats. 1951, Ch. 1746. )

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    The Labor Commissioner may refuse to grant a license after proper notice and hearing.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 3. Farm Labor Contractors [1682 - 1699] ( Chapter 3 added by Stats. 1951, Ch. 1746. ) ## 1686. The Labor Commissioner, upon proper notice and hearing, may refuse to grant a license. The proceedings shall be conducted in accordance with Chapter 5 of Part 1 of Division 3 of Title 2 of the Government Code and the commissioner shall have all of the powers granted therein. (Added by Stats. 1951, Ch. 1746.)
  121. 1687.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 3. Farm Labor Contractors [1682 - 1699] ( Chapter 3 added by Stats. 1951, Ch. 1746. )

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    A laminated farm labor contractor license must include specific identifying and authenticity features, and it must not be transferable or assignable.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 3. Farm Labor Contractors [1682 - 1699] ( Chapter 3 added by Stats. 1951, Ch. 1746. ) ## 1687. (a) Each laminated license shall contain, on the face thereof, all of the following: (1) The name and address of the licensee and the fact that the licensee is licensed to act as a farm labor contractor for the period upon the face of the license only. (2) The number, date of issuance, and date of expiration of the license. (3) The amount of the surety bond deposited by the licensee. (4) The fact that the license may not be transferred or assigned. (5) A picture of the licensee taken at the time of application. (b) The license shall be similar in size and format to a driver’s license issued by the Department of Motor Vehicles, and shall contain a hologram and a signature to verify authenticity. The cost of the hologrammed license shall be appropriated from the license fee. (c) The license shall contain on the back thereof the definition of a farm labor contractor, as defined by subdivision (b) of Section 1682. (Amended by Stats. 2000, Ch. 917, Sec. 4. Effective January 1, 2001.)
  122. 1688.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 3. Farm Labor Contractors [1682 - 1699] ( Chapter 3 added by Stats. 1951, Ch. 1746. )

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    Licenses must be renewed on a birthday-based schedule, with renewal paperwork, a renewal bond, and the annual fee.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 3. Farm Labor Contractors [1682 - 1699] ( Chapter 3 added by Stats. 1951, Ch. 1746. ) ## 1688. The license when first issued shall run to the next birthday of the applicant, and each license shall then be renewed within the 30 days preceding the licensee’s birthday and shall run from birthday to birthday. In case the applicant is a partnership or corporation, the license for a partnership shall be renewed within the 30 days preceding the birthday of the oldest partner, and the license for a corporation shall be renewed within the 30 days preceding the anniversary of the date the corporation was lawfully formed. Renewal shall require the filing of an application for renewal, a renewal bond, and the payment of the annual license fee, but the Labor Commissioner may demand that a new application or a new bond be submitted. (Amended by Stats. 1982, Ch. 517, Sec. 301.)
  123. 1689.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 3. Farm Labor Contractors [1682 - 1699] ( Chapter 3 added by Stats. 1951, Ch. 1746. )

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    Renewal applications must list the names and addresses of everyone financially interested in the farm labor contractor’s operation, except bona fide salaried employees.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 3. Farm Labor Contractors [1682 - 1699] ( Chapter 3 added by Stats. 1951, Ch. 1746. ) ## 1689. All applications for renewal shall state the names and addresses of all persons, except bona fide employees on stated salaries, financially interested either as partners, associates or profit sharers in the operation of the farm labor contractor. (Amended by Stats. 1967, Ch. 125.)
  124. 1690.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 3. Farm Labor Contractors [1682 - 1699] ( Chapter 3 added by Stats. 1951, Ch. 1746. )

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    The Labor Commissioner may revoke, suspend, or refuse to renew a license if specified misconduct or other listed grounds are shown.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 3. Farm Labor Contractors [1682 - 1699] ( Chapter 3 added by Stats. 1951, Ch. 1746. ) ## 1690. The Labor Commissioner may revoke, suspend, or refuse to renew any license if it is shown that any of the following have occurred: (a) The licensee or any agent of the licensee has violated or failed to comply with any of the provisions of this chapter. (b) The licensee has made any misrepresentations or false statements in his or her application for a license. (c) The conditions under which the license was issued have changed or no longer exist. (d) The licensee, or any agent of the licensee, has violated, or has willfully aided or abetted any person in the violation of, or failed to comply with, any law of the State of California regulating the employment of employees in agriculture, the payment of wages to farm employees, or the conditions, terms, or places of employment affecting the health and safety of farm employees, which is applicable to the business, activities, or operations of the licensee in his or her capacity as a farm labor contractor. (e) The licensee, or any agent of the licensee, has failed to comply with any provisions of the Vehicle Code pertaining to a farm labor vehicle, as described in Section 322 of the Vehicle Code, under the licensee’s control, or has allowed a farm labor vehicle under his or her control to be operated by a driver without a valid driver’s license and certificate required pursuant to Section 12519 of the Vehicle Code. (f) The licensee has been found, by a court or the Secretary of Labor, to have violated any provision of the federal Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. Sec. 1801 et seq.), provided that the licensee is required to register as a farm labor contractor pursuant to federal law. (g) The licensee has been found by a court or an administrative agency to have committed sexual harassment of an employee, or has employed any supervisor, crewleader, mayordomo, foreperson, or any other employee of the licensee whose duties include the supervision, direction, or control of any agricultural worker on behalf of the licensee, whom the licensee knew or should have known has been found by a court or an administrative agency, within the preceding three years, to have committed sexual harassment of an employee. A licensee shall be deemed not to have knowledge under this subdivision that any supervisor, crewleader, mayordomo, foreperson, or any other employee has been found by a court or any other administrative agency to have committed sexual harassment if that supervisor, crewleader, mayordomo, foreperson, or any other employee executes a statement on a form provided by the Labor Commissioner that includes the following statement: “I have not been found to have committed sexual harassment by any court or any administrative agency within the preceding three years.” This subdivision shall not apply until the Labor Commissioner prepares the form and makes it available on the division’s Internet Web site. (Amended by Stats. 2014, Ch. 750, Sec. 3. (SB 1087) Effective January 1, 2015.)
  125. 1690.1.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 3. Farm Labor Contractors [1682 - 1699] ( Chapter 3 added by Stats. 1951, Ch. 1746. )

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    The Labor Commissioner must refuse to issue or renew a license in certain delinquent worker-contribution cases, and must not renew it until specified final-assessment and payment conditions are met.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 3. Farm Labor Contractors [1682 - 1699] ( Chapter 3 added by Stats. 1951, Ch. 1746. ) ## 1690.1. (a) (1) If a licensee fails to remit the proper amount of worker contributions required by Chapter 4 (commencing with Section 901) of Part 1 of Division 1 of the Unemployment Insurance Code, or the Employment Development Department has made an assessment for unpaid worker contributions against the licensee that is final, the Labor Commissioner shall, upon written notice by the Employment Development Department, refuse to issue or renew the license of that licensee until the licensee has fully paid the amount of delinquency for the unpaid worker contributions. (2) The Labor Commissioner shall not, however, refuse to renew the license of a licensee under this section until the assessment for unpaid worker contributions is final and unpaid, and the licensee has exhausted, or failed to seek, his or her right of administrative review of that final assessment, pursuant to Chapter 4 (commencing with Section 901) of Part 1 of Division 1 of the Unemployment Insurance Code. (b) If any licensee fails to remit the amounts required by Section 227, the Labor Commissioner shall refuse to issue or renew the license of the licensee until the delinquent amount has been paid in full. (Amended by Stats. 2014, Ch. 750, Sec. 4. (SB 1087) Effective January 1, 2015.)
  126. 1691.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 3. Farm Labor Contractors [1682 - 1699] ( Chapter 3 added by Stats. 1951, Ch. 1746. )

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    If a licensee has two or more final judgments within five years for failing to pay wages owed to agricultural employees, the Labor Commissioner must suspend the license for one year. The Labor Commissioner must also maintain a telephone information line for compliance questions.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 3. Farm Labor Contractors [1682 - 1699] ( Chapter 3 added by Stats. 1951, Ch. 1746. ) ## 1691. (a) If any licensee has been subject to two or more final judgments by a court for failure to pay wages due with respect to his or her agricultural employees within a five-year period, the Labor Commissioner shall suspend for one year the license of the licensee. The Labor Commissioner shall maintain a telephone information line for the purpose of advising potential or actual employees of farm labor contractors regarding the compliance of individual farm labor contractors with applicable laws and regulations. (b) For purposes of this section, a “serious violation” shall have the same meaning as provided in paragraph (1) of subdivision (a) of Section 6130 of Title 3 of the California Code of Regulations. (Amended by Stats. 1992, Ch. 1349, Sec. 2. Effective January 1, 1993.)
  127. 1692.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 3. Farm Labor Contractors [1682 - 1699] ( Chapter 3 added by Stats. 1951, Ch. 1746. )

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    Before the Labor Commissioner revokes or suspends a license, the license holder must be given a chance to be heard in person or through counsel.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 3. Farm Labor Contractors [1682 - 1699] ( Chapter 3 added by Stats. 1951, Ch. 1746. ) ## 1692. Before revoking or suspending any license, the Labor Commissioner shall afford the holder of such license an opportunity to be heard in person or by counsel. The proceedings shall be conducted in accordance with Chapter 5 of Part 1 of Division 3 of Title 2 of the Government Code, and the commissioner shall have all the powers granted therein. (Added by Stats. 1951, Ch. 1746.)
  128. 1692.5.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 3. Farm Labor Contractors [1682 - 1699] ( Chapter 3 added by Stats. 1951, Ch. 1746. )

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    If a licensee’s license is suspended or revoked under this chapter, the licensee must immediately surrender the license to the Labor Commissioner.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 3. Farm Labor Contractors [1682 - 1699] ( Chapter 3 added by Stats. 1951, Ch. 1746. ) ## 1692.5. A licensee whose license is suspended or revoked pursuant to the provisions of this chapter shall immediately surrender such license to the Labor Commissioner. (Added by Stats. 1970, Ch. 448.)
  129. 1693.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 3. Farm Labor Contractors [1682 - 1699] ( Chapter 3 added by Stats. 1951, Ch. 1746. )

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    The Labor Commissioner and written designees may take assignments of bond claims against licensees and may prosecute them for injured persons who cannot afford counsel.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 3. Farm Labor Contractors [1682 - 1699] ( Chapter 3 added by Stats. 1951, Ch. 1746. ) ## 1693. The Labor Commissioner and the deputies and representatives authorized by the Labor Commissioner in writing may take assignments of actions on the bond against licensees by persons damaged and may prosecute such actions on behalf of persons who, in the judgment of the Labor Commissioner, are financially unable to employ counsel, in the same manner that claims are prosecuted under Section 98. (Amended by Stats. 1982, Ch. 517, Sec. 304.)
  130. 1694.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 3. Farm Labor Contractors [1682 - 1699] ( Chapter 3 added by Stats. 1951, Ch. 1746. )

    Verify source ↗

    If a licensee has left the state or relevant jurisdiction to defraud creditors or avoid service, summons may be served on the surety, and a copy must also be mailed to the licensee’s last known home address on file with the Labor Commissioner.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 3. Farm Labor Contractors [1682 - 1699] ( Chapter 3 added by Stats. 1951, Ch. 1746. ) ## 1694. If a licensee has departed from the state or has left the jurisdiction in which a violation of this chapter is alleged to have occurred with intent to defraud creditors or to avoid service of summons in any action brought under this chapter, service shall be made upon the surety as prescribed in the Code of Civil Procedure. A copy of the summons shall be mailed to the licensee at the last known post office address of his or her residence, as shown by the records of the Labor Commissioner. Service is complete as to the licensee, after mailing, at the expiration of the time prescribed by the Code of Civil Procedure for service of summons in the particular court in which suit is brought. (Amended by Stats. 2014, Ch. 750, Sec. 5. (SB 1087) Effective January 1, 2015.)
  131. 1695.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 3. Farm Labor Contractors [1682 - 1699] ( Chapter 3 added by Stats. 1951, Ch. 1746. )

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    Every licensee must follow several farm labor contractor compliance rules, including carrying and showing the license, reporting address changes, paying entrusted funds, keeping contracts, providing compensation statements, carrying insurance, posting pay information, registering annually, and training supervising workers.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 3. Farm Labor Contractors [1682 - 1699] ( Chapter 3 added by Stats. 1951, Ch. 1746. ) ## 1695. (a) Every licensee shall do all of the following: (1) Carry his or her license and proof of registration issued pursuant to paragraph (8) with him or her at all times and exhibit the same to all persons with whom he or she intends to deal in his or her capacity as a farm labor contractor prior to so dealing. (2) File at the United States Post Office serving the address of the licensee, as noted on the face of his or her license, with the office of the Labor Commissioner, and with the agricultural commissioner of the county or counties in which the labor contractor has contracted with a grower, a correct change of address immediately upon each occasion the licensee permanently moves his or her address. The address shall also be the mailing address for purposes of notice required by the Labor Code or by any other applicable statute or regulations respecting service by mail. (3) Promptly when due, pay or distribute to the individuals entitled thereto, all moneys or other things of value entrusted to the licensee by any third person for this purpose. (4) Comply on his or her part with the terms and provisions of all legal and valid agreements and contracts entered into between the licensee in his or her capacity as a farm labor contractor and third persons. (5) Have available for inspection by his or her employees and by the grower with whom he or she has contracted a written statement in English and Spanish showing the rate of compensation he or she receives from the grower and the rate of compensation he or she is paying to his or her employees for services rendered to, for, or under the control of the grower. Upon written request, the statement shall be provided to a current or former employee or the grower within 21 calendar days. A licensee who fails to comply with this paragraph is subject to a civil penalty of seven hundred fifty dollars ($750) recoverable by the employee or the grower. (6) Take out a policy of insurance with any insurance carrier authorized to do business in the State of California in an amount satisfactory to the commissioner, which insures the licensee against liability for damage to persons or property arising out of the licensee’s operation of, or ownership of, any vehicle or vehicles for the transportation of individuals in connection with his or her business, activities, or operations as a farm labor contractor. (7) Have displayed prominently at the site where the work is to be performed and on all vehicles used by the licensee or his or her employees or agents for the transportation of employees the rate of compensation the licensee is paying to his or her employees for their services, printed in both English and Spanish and in lettering of a size to be prescribed by the Department of Industrial Relations. (8) Register annually with the agricultural commissioner of the county or counties in which the labor contractor has contracted with a grower. (9) Provide information and training on applicable laws and regulations governing worker safety, including the requirements of Article 10.5 (commencing with Section 12980) of Chapter 2 of Division 7 of the Food and Agricultural Code, sexual harassment, or regulating the terms and conditions of agricultural employment, to each crewleader, foreperson, or other employee whose duties include the supervision, direction, or control of any agricultural worker on behalf of a licensee, or pursuant to, a contract or agreement for agricultural services entered into with a licensee. (b) The board of supervisors of a county may establish fees to be charged each licensee for the recovery of the actual costs incurred by commissioners in the administration of registrations and change of address and the issuance of proofs of registration. (Amended by Stats. 2014, Ch. 750, Sec. 6. (SB 1087) Effective January 1, 2015.)
  132. 1695.5.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 3. Farm Labor Contractors [1682 - 1699] ( Chapter 3 added by Stats. 1951, Ch. 1746. )

    Verify source ↗

    A farm labor contractor must promptly give a requesting agricultural grower a payroll list of the contractor’s employees working for that grower.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 3. Farm Labor Contractors [1682 - 1699] ( Chapter 3 added by Stats. 1951, Ch. 1746. ) ## 1695.5. (a) Every farm labor contractor, upon request of any agricultural grower with whom he or she has a contract to supply farmworkers, shall immediately furnish the grower with a payroll list of all the contractor’s employees working for the grower. (b) The payroll list shall be on a uniform form approved by the Labor Commissioner, which shall include, but not be limited to, the employee’s name, social security number, permanent and temporary address, telephone number, and length of employment with the grower. (c) The requirements of this section are in addition to any requirements of federal law, including the federal Migrant and Seasonal Agricultural Worker Protection Act (Chapter 20 (commencing with Section 1801), Title 29, United States Code). (Amended by Stats. 1988, Ch. 1000, Sec. 4.)
  133. 1695.55.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 3. Farm Labor Contractors [1682 - 1699] ( Chapter 3 added by Stats. 1951, Ch. 1746. )

    Verify source ↗

    Farm labor contractors must give growers a payroll record for each farmworker, and growers must keep a copy for three years after the contract ends.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 3. Farm Labor Contractors [1682 - 1699] ( Chapter 3 added by Stats. 1951, Ch. 1746. ) ## 1695.55. (a) Every person acting in the capacity of a farm labor contractor shall provide any grower with whom he or she has contracted to supply farmworkers a payroll record for each farmworker providing labor under the contract. The payroll record shall include a disclosure of the net and gross wages, total hours worked, and total hourly and piece rate earnings for each farmworker. (b) Each grower entering into a contract with a farm labor contractor shall retain a copy of the payroll record provided by the contractor for a period of three years after the contract has ended. (Amended by Stats. 2014, Ch. 750, Sec. 7. (SB 1087) Effective January 1, 2015.)
  134. 1695.6.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 3. Farm Labor Contractors [1682 - 1699] ( Chapter 3 added by Stats. 1951, Ch. 1746. )

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    A person must not knowingly enter into an agreement for the services of an unlicensed farm labor contractor.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 3. Farm Labor Contractors [1682 - 1699] ( Chapter 3 added by Stats. 1951, Ch. 1746. ) ## 1695.6. No person shall knowingly enter into an agreement for the services of a farm labor contractor who is not licensed under this chapter. (Added by Stats. 1976, Ch. 803.)
  135. 1695.7.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 3. Farm Labor Contractors [1682 - 1699] ( Chapter 3 added by Stats. 1951, Ch. 1746. )

    Verify source ↗

    Farm labor contractors must give growers a copy of their valid license before contracting, and growers must keep and verify it.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 3. Farm Labor Contractors [1682 - 1699] ( Chapter 3 added by Stats. 1951, Ch. 1746. ) ## 1695.7. (a) (1) Prior to entering into any contract or agreement to supply agricultural labor or services to a grower, a farm labor contractor shall first provide to the grower a copy of his or her current valid state license. A failure to do so is a violation of this chapter. The grower shall keep a copy of the license for a period of three years following the termination of the contract or agreement. (2) In the event that the licensee or prospective licensee has fulfilled all the requirements for a license, but the Labor Commissioner has not been able to timely issue or renew a license, the Labor Commissioner shall issue to the person applying for a license, or renewal of a license, a letter of authorization permitting that person to operate or continue to operate as a farm labor contractor. For purposes of this section, a “valid state license” shall include a letter of authorization issued pursuant to this paragraph. (3) (A) No grower shall enter into a contract or agreement with a person acting in the capacity of a farm labor contractor who fails to provide a copy of his or her license. A grower has an affirmative obligation to inspect the license of any person contracted as a farm labor contractor, a copy of whose license is provided to the grower pursuant to paragraph (1), and to verify that the license is valid. The grower shall request verification from the license verification unit by the close of the third business day following the day on which the farm labor contractor is engaged. The grower may be supplied services by the farm labor contractor and shall not be liable under this section for an invalid license while awaiting verification from the verification unit. The verification received from the license verification unit shall serve as conclusive evidence of the grower’s compliance with this subparagraph. The verification shall be valid until the farm labor contractor’s license expires. Failure to comply with this subparagraph is a violation of this chapter. (B) A farm labor contractor has an affirmative obligation to inspect the license of any person contracted by the farm labor contractor who is acting in the capacity of a farm labor contractor a copy of whose license is provided to the farm labor contractor pursuant to Section 1695.9, and to verify that the license is valid. The farm labor contractor shall request verification from the license verification unit by the close of the third business day following the day on which the individual who is acting as the farm labor contractor is engaged. The farm labor contractor may be supplied services by the acting farm labor contractor and shall not be liable under this section for an invalid license while awaiting verification from the verification unit. The verification received from the license verification unit shall serve as conclusive evidence of the farm labor contractor’s compliance with this subparagraph. The verification shall be valid until the individual’s license expires. Failure to comply with this subparagraph is a violation of this chapter. (C) If a determination is made by the Labor Commissioner that the verification system is inoperable, no grower or farm labor contractor shall be liable under this section until seven business days after the Labor Commissioner determines the system is operable and has made public notice to affected parties. (4) (A) If a contract or agreement entered into with a farm labor contractor extends beyond the expiration date of his or her license, or extends beyond the date contained in the letter of authorization to operate, the farm labor contractor shall provide to the grower, upon renewal of the license or issuance of the letter of authorization a copy of his or her current valid renewed license or a copy of a letter of authorization issued by the Labor Commissioner. In the event the farm labor contractor’s license is not renewed, the farm labor contractor shall notify the grower within three days. (B) If a contract or agreement entered into by a farm labor contractor with another farm labor contractor extends beyond the expiration date of his or her license, or extends beyond the date contained in the letter of authorization to operate, the other farm labor contractor shall provide to the farm labor contractor, upon renewal of the license or issuance of the letter of authorization a copy of his or her current valid renewed license or a copy of a letter of authorization issued by the Labor Commissioner. In the event the license of a person contracted by a farm labor contractor who is acting as farm labor contractor is not renewed, the person shall notify the farm labor contractor within three days. (b) A failure by a farm labor contractor to provide a copy of his or her license to the grower shall not constitute a defense against liability under this section for a grower who subsequently fails to comply with the requirements of subparagraph (A) of paragraph (3) of subdivision (a). A failure by a person acting as a farm labor contractor who is contracted by a farm labor contractor to provide a copy of his or her license to the farm labor contractor shall not constitute a defense against liability under this section for a farm labor contractor who subsequently fails to comply with the requirements of subparagraph (B) of paragraph (3) of subdivision (a). (c) (1) Any person who acts in the capacity of a farm labor contractor without first securing a license or while his or her license has been suspended or revoked 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, and is subject to other sanctions under this chapter, including subdivisions (b) and (c) of Section 1697. (2) Any grower or farm labor contractor who enters into a contract or agreement in violation of this section shall be subject to a civil action by an aggrieved worker for any claims arising from the contract or agreement that are a direct result of any violation of any state law regulating wages, housing, pesticides, or transportation committed by the unlicensed farm labor contractor. The court shall grant a prevailing plaintiff reasonable attorney’s fees and costs. (3) On or after January 1, 2003, any grower, farm labor contractor, or other person acting either individually or as an officer, agent, or employee of any grower or farm labor contractor who knowingly and willfully fails to pay, or causes the failure to pay, wages as set forth in subdivision (b) of Section 1199, or any higher wages that have been agreed to, is guilty of a misdemeanor punishable as set forth in subdivision (f). However, if the prosecutor elects to prosecute any grower, farm labor contractor, or other person pursuant to this paragraph and subdivision (f), multiple failures to pay wages within a single payroll and in a single pay period shall constitute one violation. (4) Any aggrieved worker who, claims a violation of this section, may bring a civil action for injunctive relief and lost wages as provided in Section 218, and, upon prevailing, shall recover reasonable attorney’s fees and costs. (d) As used in this section: (1) “Business day” means any day on which the offices of the license verification unit are open to the public for the conducting of business. (2) “Grower” means any person who owns or leases land used for the planting, cultivation, production, harvesting, or packing of any farm products, if he or she hires or uses persons acting as farm labor contractors, and includes a packing shed or a person or entity who farms the land on behalf of the land owner, whether or not he or she owns or leases the land. (3) “Inspect,” with regard to inspecting a license, means to examine the license to determine whether it reasonably appears on its face to be genuine. (4) “License verification unit” means the Farm Labor Contractor License Verification Unit established pursuant to subdivision (e). (5) “Verify,” with respect to verifying a license, means to contact by telephone, facsimile, website, electronic mail, or other means as determined by the Labor Commissioner, the license verification unit to confirm the validity of a license and to record in the requester’s files the unique verification number provided by the license verification unit to document that the requester confirmed the validity of the license of the farm labor contractor with whom he or she has entered into a contract or agreement to supply services. (e) The Labor Commissioner shall establish and maintain a Farm Labor Contractor License Verification Unit commencing no later than July 1, 2002. The license verification unit shall, upon the request of a grower or farm labor contractor, certify the status of a state license issued to a farm labor contractor. The license verification unit shall assign a unique verification number to the request and the unit shall within 24 hours send by mail, or, if available, by facsimile or electronic mail, confirmation that will serve as conclusive evidence of compliance with the verification requirements of this section. The obligation under this section to verify licenses shall not become operative and the penalties for failure to verify a license shall not be applicable until three months after the license verification unit becomes operational, as certified by the State Auditor. (f) (1) On or after January 1, 2003, a violation of paragraph (3) of subdivision (c) is a misdemeanor and is punishable as provided in subdivision (a) of Section 1697, except that the fine portion of the penalty shall be as follows: (A) Upon conviction for a first violation, by a fine of not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000), and is subject to other sanctions under this chapter, including subdivisions (b) and (c) of Section 1697. Upon conviction, the Labor Commissioner shall revoke the defendant’s license and the defendant shall be ineligible for a license for a period of one year from the date of revocation. (B) Upon a conviction for a violation committed within three years after a conviction for a prior violation, by a fine of not less than ten thousand dollars ($10,000) and is subject to other sanctions under this chapter, including subdivisions (b) and (c) of Section 1697. Upon a second conviction, the Labor Commissioner shall revoke the defendant’s license and the defendant shall be ineligible for a license for a period of two years from the date of revocation. (C) Upon a conviction for a violation committed within five years after a second conviction pursuant to subparagraph (B), by a fine of not less than twenty-five thousand dollars ($25,000), and is subject to other sanctions under this chapter, including subdivisions (b) and (c) of Section 1697. Upon a third conviction, the Labor Commissioner shall revoke the defendant’s license and the defendant shall not thereafter be eligible to obtain a license. (2) If a person is prosecuted under this subdivision, that person may not be prosecuted under any other law if the prosecution would be based upon the same set of facts as the prosecution under this subdivision. (g) A farm labor contractor, a person contracted by a farm labor contractor who is acting in the capacity of a farm labor contractor, or an employer of a farm labor contractor is subject to Section 98.6 and 1102.5. (Amended by Stats. 2001, Ch. 157, Sec. 1. Effective January 1, 2002.)
  136. 1695.8.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 3. Farm Labor Contractors [1682 - 1699] ( Chapter 3 added by Stats. 1951, Ch. 1746. )

    Verify source ↗

    A person whose license was suspended, revoked, or denied renewal may not do certain farm labor contractor work for three years, or until the license is reinstated, whichever comes first. A farm labor contractor also may not knowingly hire or use that person for the same work during that period.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 3. Farm Labor Contractors [1682 - 1699] ( Chapter 3 added by Stats. 1951, Ch. 1746. ) ## 1695.8. (a) No person whose license was suspended, revoked, or denied renewal by the Labor Commissioner shall perform any activity or service specified in subdivision (b) of Section 1682 or in Section 1682.3 to, for, or under the direction of a farm labor contractor, whether as an employee, independent contractor, or otherwise, for three years after the license is suspended, revoked, or denied renewal, or until the license is reinstated, whichever first occurs. (b) No farm labor contractor shall knowingly contract with or use any person specified in subdivision (a), whether as an employee, independent contractor, or otherwise, to perform an activity or service specified in subdivision (b) of Section 1682 or in Section 1682.3 for three years after the license of the person is suspended, revoked, or denied renewal, or until the license is reinstated, whichever first occurs. (Added by Stats. 2001, Ch. 157, Sec. 2. Effective January 1, 2002.)
  137. 1695.9.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 3. Farm Labor Contractors [1682 - 1699] ( Chapter 3 added by Stats. 1951, Ch. 1746. )

    Verify source ↗

    Certain contracted farm labor contractors must provide their current state license to the farm labor contractor, and farm labor contractors must verify licensing, comply when using another contractor, and keep license copies for three years after the contract ends.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 3. Farm Labor Contractors [1682 - 1699] ( Chapter 3 added by Stats. 1951, Ch. 1746. ) ## 1695.9. Any person contracted by a farm labor contractor who is acting in the capacity of a farm labor contractor shall first provide to the farm labor contractor a copy of his or her current valid state license. A farm labor contractor is responsible for ensuring that every person who is performing farm labor contracting activities on behalf of the farm labor contractor has obtained a farm labor contractor license as required by Section 1683 prior to the person’s engagement in any activity described in subdivision (b) of Section 1682. A farm labor contractor who utilizes the services of another farm labor contractor who is not his or her employee shall also comply with the provisions of this chapter. The farm labor contractor is responsible for any violations of this chapter committed by his or her employee, whether or not the employee has registered as required by this chapter. The farm labor contractor shall keep a copy of the license or licenses for a period of three years following the termination of the contract or agreement. (Added by Stats. 2001, Ch. 157, Sec. 3. Effective January 1, 2002.)
  138. 1696.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 3. Farm Labor Contractors [1682 - 1699] ( Chapter 3 added by Stats. 1951, Ch. 1746. )

    Verify source ↗

    A licensee must not make false statements or misleading representations, send workers to a known strike or lockout without warning them, or do acts as a farm labor contractor that amount to crimes involving moral turpitude.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 3. Farm Labor Contractors [1682 - 1699] ( Chapter 3 added by Stats. 1951, Ch. 1746. ) ## 1696. No licensee shall: (1) Make any misrepresentation or false statement in his application for a license. (2) Make or cause to be made, to any person, any false, fraudulent, or misleading representation, or publish or circulate or cause to be published or circulated any false, fraudulent, or misleading information concerning the terms or conditions or existence of employment at any place or places, or by any person or persons, or of any individual or individuals. (3) Send or transport any worker to any place where the labor contractor knows a strike or lockout exists, without notifying the worker that such conditions exist. (4) Do any act in his capacity as a farm labor contractor, or cause any act to be done, which constitutes a crime involving moral turpitude, or the effect of which causes any act to be done which constitutes a crime involving moral turpitude under any law of the State of California. (Added by Stats. 1951, Ch. 1746.)
  139. 1696.2.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 3. Farm Labor Contractors [1682 - 1699] ( Chapter 3 added by Stats. 1951, Ch. 1746. )

    Verify source ↗

    Vehicles used in farm labor contracting operations must prominently display the contractor’s name and license number at the vehicle entrance.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 3. Farm Labor Contractors [1682 - 1699] ( Chapter 3 added by Stats. 1951, Ch. 1746. ) ## 1696.2. All vehicles used by a licensee or his or her employees or agents for the transportation of individuals in his or her operations as a farm labor contractor shall have displayed prominently at the entrance of the vehicle the name of the farm labor contractor and the number of his or her license as issued by the Labor Commissioner pursuant to this chapter. (Amended by Stats. 2014, Ch. 750, Sec. 8. (SB 1087) Effective January 1, 2015.)
  140. 1696.3.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 3. Farm Labor Contractors [1682 - 1699] ( Chapter 3 added by Stats. 1951, Ch. 1746. )

    Verify source ↗

    Certain farm labor contractors and their employees who transport people by bus or truck must be licensed under Vehicle Code Section 12519.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 3. Farm Labor Contractors [1682 - 1699] ( Chapter 3 added by Stats. 1951, Ch. 1746. ) ## 1696.3. Any farm labor contractor or person employed by a farm labor contractor who operates a bus or truck in the transportation of individuals in connection with the business, activities, or operations of a farm labor contractor shall be licensed as required by Section 12519 of the Vehicle Code. (Amended by Stats. 1963, Ch. 209.)
  141. 1696.4.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 3. Farm Labor Contractors [1682 - 1699] ( Chapter 3 added by Stats. 1951, Ch. 1746. )

    Verify source ↗

    Farm labor contractors must register covered vehicles with the Labor Commissioner, and the Labor Commissioner must also get insurance evidence and send vehicle lists to the Highway Patrol on a quarterly schedule starting April 1, 2000.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 3. Farm Labor Contractors [1682 - 1699] ( Chapter 3 added by Stats. 1951, Ch. 1746. ) ## 1696.4. (a) All vehicles defined in Section 322 of the Vehicle Code, including those described in Section 1696.3, used by a farm labor contractor for the transportation of individuals in his or her operations as a farm labor contractor, including, but not limited to, vehicles not owned by that contractor, shall be registered with the Labor Commissioner. The registration shall include the name of the owner and driver of the vehicle, and the license number and description of the vehicle. The Labor Commissioner shall require, as a condition of registration, that the farm labor contractor submit evidence showing that the contractor has in effect an insurance policy applicable to the vehicle, as required by Section 1695. (b) Commencing on April 1, 2000, and quarterly thereafter, the Labor Commissioner shall provide the Commissioner of the California Highway Patrol with a list of all vehicles registered pursuant to subdivision (a). (Amended by Stats. 1999, Ch. 556, Sec. 1. Effective September 29, 1999.)
  142. 1696.5.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 3. Farm Labor Contractors [1682 - 1699] ( Chapter 3 added by Stats. 1951, Ch. 1746. )

    Verify source ↗

    Every licensee must give each worker a wage statement or paycheck stub at each wage payment, and wage payments must be at least weekly.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 3. Farm Labor Contractors [1682 - 1699] ( Chapter 3 added by Stats. 1951, Ch. 1746. ) ## 1696.5. Every licensee shall, at the time of each payment of wages, which shall be not less often than once every week as required by Section 205 of this code, furnish each of the workers employed by him or her either as a detachable part of the check, draft, or voucher paying the employee’s wages, or separately, an itemized statement in writing that complies with the requirements of subdivision (a) of Section 226 and shows in detail each deduction made from the wages. (Amended by Stats. 2014, Ch. 750, Sec. 9. (SB 1087) Effective January 1, 2015.)
  143. 1696.6.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 3. Farm Labor Contractors [1682 - 1699] ( Chapter 3 added by Stats. 1951, Ch. 1746. )

    Verify source ↗

    A licensee may not recruit, solicit, and transport an employee for farmwork unless a bona fide order for the job has first been obtained; a farm labor contractor who sends a farmworker to a jobsite without such an order and then fails to provide work must pay wages for the trip and elapsed time.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 3. Farm Labor Contractors [1682 - 1699] ( Chapter 3 added by Stats. 1951, Ch. 1746. ) ## 1696.6. (a) No licensee shall recruit or solicit and transport an employee for farmwork unless he has first obtained, either orally or in writing, a bona fide order for such employment. (b) Any farm labor contractor who recruits or solicits a farmworker without a bona fide order and induces him to be transported to a proposed jobsite and does not then provide employment for him shall pay wages to such farmworker at the agreed rate of pay for the job to which he was being transported and for the elapsed time from the point of departure with return to the same place. (Added by Stats. 1965, Ch. 1979.)
  144. 1696.8.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 3. Farm Labor Contractors [1682 - 1699] ( Chapter 3 added by Stats. 1951, Ch. 1746. )

    Verify source ↗

    The director must establish a Farm Labor Contractor Enforcement Unit, and local units receiving technical assistance must focus on enforcing wage laws and coordinate with local rural crime programs when possible.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 3. Farm Labor Contractors [1682 - 1699] ( Chapter 3 added by Stats. 1951, Ch. 1746. ) ## 1696.8. (a) The director shall establish a Farm Labor Contractor Enforcement Unit. The unit shall develop a program to provide technical assistance to a district attorney’s office that establishes a local farm labor contractor enforcement unit. A local farm labor contractor enforcement unit established pursuant to this section shall, whenever possible, coordinate its enforcement efforts with the Rural Crime Prevention Program in its jurisdiction, if any, established pursuant to Section 14171 of the Penal Code. Any funds appropriated to the department for purposes of this section shall be administered and allocated by the director. (b) A local farm labor contractor enforcement unit that receives technical assistance pursuant to this section shall concentrate enhanced prosecution efforts and resources on the prosecution of farm labor contractors who violate a state law regulating wages. For purposes of this subdivision, “enhanced prosecution efforts and resources” include, but are not limited to, all of the following: (1) “Vertical” prosecutorial representation, whereby the prosecutor who makes the initial filing or appearance performs all subsequent court appearances on a particular case through its conclusion, including the sentencing phase. (2) Assignment of highly qualified investigators and prosecutors to farm labor enforcement cases. (3) Significant reduction of caseloads for investigators and prosecutors assigned to farm labor enforcement cases. (Added by Stats. 2001, Ch. 157, Sec. 4. Effective January 1, 2002.)
  145. 1697.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 3. Farm Labor Contractors [1682 - 1699] ( Chapter 3 added by Stats. 1951, Ch. 1746. )

    Verify source ↗

    Violating this chapter, or causing or inducing another to violate it, is a misdemeanor with possible fines and jail. Aggrieved employees may sue for injunctive relief or damages and may enforce a farm labor contractor’s bond. Farm labor contractors who keep working after suspension, revocation, or denied reissuance of a license face higher penalties.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 3. Farm Labor Contractors [1682 - 1699] ( Chapter 3 added by Stats. 1951, Ch. 1746. ) ## 1697. (a) Any person who violates this chapter, or who causes or induces another to violate this chapter, is guilty of a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000), or imprisonment in the county jail for not more than six months, or both. (b) Any employee aggrieved by any violation of this chapter, other than acts and conduct also proscribed by Sections 1153, 1154, and 1155, may do all of the following: (1) Bring a civil action for injunctive relief or damages, or both, against a farm labor contractor or unlicensed farm labor contractor who violates this chapter and, upon prevailing, shall recover reasonable attorney’s fees and costs, including expert witness fees. (2) Enforce the liability on the farm labor contractor’s bond. (c) Any farm labor contractor who engages in farm labor contracting activities after his or her license has been suspended, revoked, or denied reissuance is guilty of an offense punishable by a fine of not less than ten thousand dollars ($10,000), or by imprisonment for not less than six months and not more than one year, or both. (Amended by Stats. 2014, Ch. 750, Sec. 10. (SB 1087) Effective January 1, 2015.)
  146. 1697.1.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 3. Farm Labor Contractors [1682 - 1699] ( Chapter 3 added by Stats. 1951, Ch. 1746. )

    Verify source ↗

    No person may make false or misleading statements that employment or related benefits in farm-product work will be jeopardized unless transportation fees are paid.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 3. Farm Labor Contractors [1682 - 1699] ( Chapter 3 added by Stats. 1951, Ch. 1746. ) ## 1697.1. (a) No person shall make, or cause to be made, false, fraudulent, or misleading representations that employment in the growing or producing of farm products, or an employee benefit related to that employment, will be jeopardized unless an individual or his or her family members pay a fee or other thing of value for transportation by that person to or from the business or worksite of an employer. (b) Any person who violates this section, or who causes or induces another to violate this section, is guilty of a misdemeanor punishable by a fine of not more than five thousand dollars ($5,000) and not less than five hundred dollars ($500), or imprisonment in the county jail for not more than 30 days, or both. (c) Any individual claiming to be aggrieved by a violation of this section may bring a civil action for injunctive relief, damages, or both. If the court finds that the defendant has violated this section, it shall award actual damages, plus an amount equal to treble the amount of actual damages, or five hundred dollars ($500) per violation, whichever is greater. The court shall also grant a prevailing plaintiff reasonable attorneys’ fees and costs. (d) Any other party who, upon information and belief, claims a violation of this section has been committed may bring a civil action for injunctive relief on behalf of the general public and, upon prevailing, shall recover reasonable attorneys’ fees and costs. (Added by Stats. 1989, Ch. 476, Sec. 1.)
  147. 1697.2.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 3. Farm Labor Contractors [1682 - 1699] ( Chapter 3 added by Stats. 1951, Ch. 1746. )

    Verify source ↗

    Cases brought under this chapter must be set for trial as early as possible and generally take priority over other cases, with limited exceptions.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 3. Farm Labor Contractors [1682 - 1699] ( Chapter 3 added by Stats. 1951, Ch. 1746. ) ## 1697.2. Actions brought under this chapter shall be set for trial at the earliest possible date, and shall take precedence over all other cases, except older matters of the same character and matters to which special precedence may be given by law. (Added by Stats. 1988, Ch. 1000, Sec. 6.)
  148. 1697.3.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 3. Farm Labor Contractors [1682 - 1699] ( Chapter 3 added by Stats. 1951, Ch. 1746. )

    Verify source ↗

    If the Labor Commissioner finally determines that a grower, farm labor contractor, or person acting as one failed to pay employees’ wages, that person must pay immediately. If payment is still not made within 30 days, the Labor Commissioner forwards the matter to the local district attorney for possible prosecution.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 3. Farm Labor Contractors [1682 - 1699] ( Chapter 3 added by Stats. 1951, Ch. 1746. ) ## 1697.3. Upon the final determination of the Labor Commissioner that a grower, a farm labor contractor, or person acting in the capacity of a farm labor contractor has failed to pay wages to its employees, the grower, farm labor contractor, or person acting in the capacity of a farm labor contractor shall immediately pay those wages. If payment is not made within 30 days of the final determination, the Labor Commissioner shall forward the matter for consideration of prosecution to the local district attorney’s office. (Added by Stats. 2001, Ch. 157, Sec. 5. Effective January 1, 2002.)
  149. 1697.5.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 3. Farm Labor Contractors [1682 - 1699] ( Chapter 3 added by Stats. 1951, Ch. 1746. )

    Verify source ↗

    A licensee must not commit the listed training-related violations, and the Labor Commissioner may cite and fine violations.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 3. Farm Labor Contractors [1682 - 1699] ( Chapter 3 added by Stats. 1951, Ch. 1746. ) ## 1697.5. (a) It is a violation of this chapter for a licensee to do any of the following: (1) Fail to train an agricultural employee at the time of hire, as required by subparagraph (A) of paragraph (8) of subdivision (a) of Section 1684. (2) Fail to provide training in the language understood by the agricultural employee, as required by subparagraph (B) of paragraph (8) of subdivision (a) of Section 1684. (3) Fail to provide an agricultural employee with at least the minimum training, as required by subparagraph (C) of paragraph (8) of subdivision (a) of Section 1684. (4) Fail to provide an agricultural employee either (A) with a record of their training, or (B) a copy of the specified Civil Rights Department sexual harassment pamphlet, as required by subparagraph (E) of paragraph (8) of subdivision (a) of Section 1684. (5) Provide an agricultural employee with a false record of completion of their training, as required by subparagraph (E) of paragraph (8) of subdivision (a) of Section 1684, when they have, in fact, received no training. (6) Fail to keep a record of training for each agricultural employee who has received training, as required by subparagraph (F) of paragraph (8) of subdivision (a) of Section 1684. (b) If, upon inspection or investigation, the Labor Commissioner determines that a violation of any of the provisions listed in subdivision (a) has occurred, the Labor Commissioner may issue a citation and assess a civil penalty in the amount of one hundred dollars ($100) for each violation. In enforcing this section, the Labor Commissioner shall take into consideration whether the violation was inadvertent, and in their discretion, may decide not to penalize an employer for a first violation when that violation was due to a clerical error or inadvertent mistake. (c) The procedures for issuing, contesting, and enforcing judgments for citations or civil penalties issued by the Labor Commissioner for violations of this section shall be the same as those set forth in Section 1197.1. (Amended by Stats. 2022, Ch. 48, Sec. 65. (SB 189) Effective June 30, 2022.)
  150. 1698.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 3. Farm Labor Contractors [1682 - 1699] ( Chapter 3 added by Stats. 1951, Ch. 1746. )

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    This section directs where fines and annual license-fee money from this chapter must be paid and spent.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 3. Farm Labor Contractors [1682 - 1699] ( Chapter 3 added by Stats. 1951, Ch. 1746. ) ## 1698. All fines collected for violations of this chapter shall be paid into the Farmworker Remedial Account and shall be available, upon appropriation, for purposes of this chapter. Of the moneys collected for licenses issued pursuant to this chapter, one hundred fifty dollars ($150) of each annual license fee shall be deposited in the Farmworker Remedial Account pursuant to paragraph (4) of subdivision (a) of Section 1684, three hundred fifty dollars ($350) of each annual license fee shall be expended by the Labor Commissioner to fund the Farm Labor Contractor Enforcement Unit and the Farm Labor Contractor License Verification Unit, both within the department, and the remaining money shall be paid into the Labor Enforcement and Compliance Fund. (Amended by Stats. 2016, Ch. 31, Sec. 181. (SB 836) Effective June 27, 2016.)
  151. 1698.1.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 3. Farm Labor Contractors [1682 - 1699] ( Chapter 3 added by Stats. 1951, Ch. 1746. )

    Verify source ↗

    A licensee may not sell, transfer, or give away an interest in, or profit participation in, the business without written consent from the Labor Commissioner.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 3. Farm Labor Contractors [1682 - 1699] ( Chapter 3 added by Stats. 1951, Ch. 1746. ) ## 1698.1. No licensee shall sell, transfer or give away any interest in or the right to participate in the profits of said licensee’s business without the written consent of the Labor Commissioner. A violation of this section shall constitute a misdemeanor, and shall be punishable by a fine of not less than two hundred dollars ($200) nor more than two thousand dollars ($2,000), or imprisonment for not more than 60 days, or both. (Amended by Stats. 2000, Ch. 917, Sec. 7. Effective January 1, 2001.)
  152. 1698.2.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 3. Farm Labor Contractors [1682 - 1699] ( Chapter 3 added by Stats. 1951, Ch. 1746. )

    Verify source ↗

    A licensee may not knowingly issue an employment contract with unlawful terms, or knowingly try to fill a help order for unlawful employment.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 3. Farm Labor Contractors [1682 - 1699] ( Chapter 3 added by Stats. 1951, Ch. 1746. ) ## 1698.2. No licensee shall knowingly issue a contract for employment containing any term or condition which, if complied with, would be in violation of law, or attempt to fill an order for help to be employed in violation of law. (Added by Stats. 1967, Ch. 1505.)
  153. 1698.3.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 3. Farm Labor Contractors [1682 - 1699] ( Chapter 3 added by Stats. 1951, Ch. 1746. )

    Verify source ↗

    A licensee may not take fees from employment applicants, send applicants without a bona fide order, or accept any registration fee.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 3. Farm Labor Contractors [1682 - 1699] ( Chapter 3 added by Stats. 1951, Ch. 1746. ) ## 1698.3. No licensee shall accept a fee from any applicant for employment, or send any applicant for employment without having obtained orally or in writing, a bona fide order therefor, and in no case shall such licensee accept, directly or indirectly, a registration fee of any kind. (Added by Stats. 1967, Ch. 1505.)
  154. 1698.4.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 3. Farm Labor Contractors [1682 - 1699] ( Chapter 3 added by Stats. 1951, Ch. 1746. )

    Verify source ↗

    A licensee must not send or cause to be sent a woman or a minor under 18 as an employee to certain immoral or gambling places.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 3. Farm Labor Contractors [1682 - 1699] ( Chapter 3 added by Stats. 1951, Ch. 1746. ) ## 1698.4. No licensee shall send or cause to be sent, any woman or minor under the age of 18 years, as an employee to any house of ill fame, to any house or place of amusement for immoral purpose, to places resorted to for the purposes of prostitution, or to gambling houses, the character of which places the licensee could have ascertained upon reasonable inquiry. (Amended by Stats. 1972, Ch. 271.)
  155. 1698.5.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 3. Farm Labor Contractors [1682 - 1699] ( Chapter 3 added by Stats. 1951, Ch. 1746. )

    Verify source ↗

    A licensee must not send any minor to a saloon or other place where intoxicating liquors are sold for consumption on the premises.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 3. Farm Labor Contractors [1682 - 1699] ( Chapter 3 added by Stats. 1951, Ch. 1746. ) ## 1698.5. No licensee shall send any minor to any saloon or place where intoxicating liquors are sold to be consumed on the premises. (Amended by Stats. 1972, Ch. 579.)
  156. 1698.6.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 3. Farm Labor Contractors [1682 - 1699] ( Chapter 3 added by Stats. 1951, Ch. 1746. )

    Verify source ↗

    A licensee must not knowingly allow certain disreputable or intoxicated persons, including prostitutes, gamblers, and procurers, to frequent the premises.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 3. Farm Labor Contractors [1682 - 1699] ( Chapter 3 added by Stats. 1951, Ch. 1746. ) ## 1698.6. No licensee shall knowingly permit any persons of bad character, prostitutes, gamblers, intoxicated persons, or procurers to frequent his premises. (Added by Stats. 1967, Ch. 1505.)
  157. 1698.7.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 3. Farm Labor Contractors [1682 - 1699] ( Chapter 3 added by Stats. 1951, Ch. 1746. )

    Verify source ↗

    A licensee may not accept a child’s employment application or help place a child in any job if doing so would violate Part 4 of the division.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 3. Farm Labor Contractors [1682 - 1699] ( Chapter 3 added by Stats. 1951, Ch. 1746. ) ## 1698.7. No licensee shall accept any application for employment made by or on behalf of any child, or shall place or assist in placing any such child in any employment whatever in violation of Part 4 (commencing with Section 1171) of this division. (Added by Stats. 1967, Ch. 1505.)
  158. 1698.8.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 3. Farm Labor Contractors [1682 - 1699] ( Chapter 3 added by Stats. 1951, Ch. 1746. )

    Verify source ↗

    A licensee may not divide fees with an employer, the employer’s agent or other employee, or a person to whom help is furnished.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 3. Farm Labor Contractors [1682 - 1699] ( Chapter 3 added by Stats. 1951, Ch. 1746. ) ## 1698.8. No licensee shall divide fees with an employer, an agent or other employee of an employer or person to whom help is furnished. (Added by Stats. 1967, Ch. 1505.)
  159. 1698.9.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 3. Farm Labor Contractors [1682 - 1699] ( Chapter 3 added by Stats. 1951, Ch. 1746. )

    Verify source ↗

    A successor farm labor contractor may be liable for a predecessor’s unpaid wages and penalties if it meets certain connection criteria.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 3. Farm Labor Contractors [1682 - 1699] ( Chapter 3 added by Stats. 1951, Ch. 1746. ) ## 1698.9. A farm labor contractor successor to any predecessor farm labor contractor that owed wages or penalties to a former employee of the predecessor, whether the predecessor was a licensee under this chapter or not, is liable for those wages and penalties, if the successor farm labor contractor meets one or more of the following criteria: (a) Uses substantially the same facilities or workforce to offer substantially the same services as the predecessor farm labor contractor. A farm labor contractor that has operated with a valid license for at least the preceding three years shall have an affirmative defense to liability under this subdivision for using substantially the same workforce, if all of the following apply: (1) The individuals in the workforce were not referred or supplied for employment by the predecessor farm labor contractor to the licensed farm labor contractor asserting this defense. (2) The licensed farm labor contractor asserting the defense has not had any interest in, or connection with, the operation, ownership, management, or control of the business of the predecessor farm labor contractor within the preceding three years. (3) The licensed farm labor contractor asserting the defense has not been determined to have violated any provision of the Labor Code within the preceding three years. (b) Shares in the ownership, management, control of the workforce, or interrelations of business operations with the predecessor farm labor contractor. (c) Employs in a managerial capacity any person who directly or indirectly controlled the wages, hours, or working conditions of the employees owed wages or penalties by the predecessor farm labor contractor. (d) Is an immediate family member of any owner, partner, officer, licensee, or director of the predecessor farm labor contractor or of any person who had a financial interest in the predecessor farm labor contractor. As used in this section, “immediate family member” means a spouse, parent, sibling, child, uncle, aunt, niece, nephew, or grandparent. (Added by Stats. 2013, Ch. 715, Sec. 1. (SB 168) Effective January 1, 2014.)
  160. 1699.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 3. Farm Labor Contractors [1682 - 1699] ( Chapter 3 added by Stats. 1951, Ch. 1746. )

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    The Labor Commissioner may adopt, amend, and repeal rules and regulations needed to enforce and administer this chapter, so long as they follow the referenced Government Code provisions and are not inconsistent with the chapter.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 3. Farm Labor Contractors [1682 - 1699] ( Chapter 3 added by Stats. 1951, Ch. 1746. ) ## 1699. The Labor Commissioner may, in accordance with the provisions of Chapter 4.5 (commencing with Section 11371), Part 1, Division 3, Title 2 of the Government Code, adopt, amend, and repeal such rules and regulations as are reasonably necessary for the purpose of enforcing and administering this chapter and as are not inconsistent with this chapter. (Amended by Stats. 1967, Ch. 125.)
  161. 17.

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

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    A person’s mark can count as a signature or subscription if the person cannot write and a witness writes the person’s name near the mark and signs nearby.

    ## Labor Code - LAB ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 90. ) ## 17. “Signature” or “subscription” includes mark when the signer or subscriber can not write, such signer’s or subscriber’s name being written near the mark by a witness who writes his own name near the signer’s or subscriber’s name; but a signature or subscription by mark can be acknowledged or can serve as a signature or subscription to a sworn statement only when two witnesses so sign their own names thereto. (Enacted by Stats. 1937, Ch. 90.)
  162. 1700.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 4. Talent Agencies [1700 - 1700.54] ( Heading of Chapter 4 amended by Stats. 1978, Ch. 1382. ) ## ARTICLE 1. Scope and Definitions [1700 - 1700.4] ( Article 1 added by Stats. 1959, Ch. 888. )

    Verify source ↗

    This section defines “person” for this chapter.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 4. Talent Agencies [1700 - 1700.54] ( Heading of Chapter 4 amended by Stats. 1978, Ch. 1382. ) ## ARTICLE 1. Scope and Definitions [1700 - 1700.4] ( Article 1 added by Stats. 1959, Ch. 888. ) ## 1700. As used in this chapter, “person” means any individual, company, society, firm, partnership, association, corporation, limited liability company, manager, or their agents or employees. (Amended by Stats. 1994, Ch. 1010, Sec. 184. Effective January 1, 1995.)
  163. 1700.1.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 4. Talent Agencies [1700 - 1700.54] ( Heading of Chapter 4 amended by Stats. 1978, Ch. 1382. ) ## ARTICLE 1. Scope and Definitions [1700 - 1700.4] ( Article 1 added by Stats. 1959, Ch. 888. )

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    This section defines “theatrical engagement,” “motion picture engagement,” and “emergency engagement.”

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 4. Talent Agencies [1700 - 1700.54] ( Heading of Chapter 4 amended by Stats. 1978, Ch. 1382. ) ## ARTICLE 1. Scope and Definitions [1700 - 1700.4] ( Article 1 added by Stats. 1959, Ch. 888. ) ## 1700.1. As used in this chapter: (a) “Theatrical engagement” means any engagement or employment of a person as an actor, performer, or entertainer in a circus, vaudeville, theatrical, or other entertainment, exhibition, or performance. (b) “Motion picture engagement” means any engagement or employment of a person as an actor, actress, director, scenario, or continuity writer, camera man, or in any capacity concerned with the making of motion pictures. (c) “Emergency engagement” means an engagement which has to be performed within 24 hours from the time when the contract for such engagement is made. (Added by Stats. 1959, Ch. 888.)
  164. 1700.10.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 4. Talent Agencies [1700 - 1700.54] ( Heading of Chapter 4 amended by Stats. 1978, Ch. 1382. ) ## ARTICLE 2. Licenses [1700.5 - 1700.22] ( Article 2 added by Stats. 1959, Ch. 888. )

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    Talent agency licenses must be renewed on a birthday-based schedule, and renewal requires an application, bond, and annual fee.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 4. Talent Agencies [1700 - 1700.54] ( Heading of Chapter 4 amended by Stats. 1978, Ch. 1382. ) ## ARTICLE 2. Licenses [1700.5 - 1700.22] ( Article 2 added by Stats. 1959, Ch. 888. ) ## 1700.10. The license when first issued shall run to the next birthday of the applicant, and each license shall then be renewed within the 30 days preceding the licensee’s birthday and shall run from birthday to birthday. In case the applicant is a partnership, such license shall be renewed within the 30 days preceding the birthday of the oldest partner. If the applicant is a corporation, such license shall be renewed within the 30 days preceding the anniversary of the date the corporation was lawfully formed. Renewal shall require the filing of an application for renewal, a renewal bond, and the payment of the annual license fee, but the Labor Commissioner may demand that a new application or new bond be submitted. If the applicant or licensee desires, in addition, a branch office license, he shall file an application in accordance with the provisions of this section as heretofore set forth. (Repealed and added by Stats. 1978, Ch. 1382.)
  165. 1700.11.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 4. Talent Agencies [1700 - 1700.54] ( Heading of Chapter 4 amended by Stats. 1978, Ch. 1382. ) ## ARTICLE 2. Licenses [1700.5 - 1700.22] ( Article 2 added by Stats. 1959, Ch. 888. )

    Verify source ↗

    Renewal applications for a talent agency license must list the names and addresses of everyone financially interested in the business, except bona fide salaried employees.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 4. Talent Agencies [1700 - 1700.54] ( Heading of Chapter 4 amended by Stats. 1978, Ch. 1382. ) ## ARTICLE 2. Licenses [1700.5 - 1700.22] ( Article 2 added by Stats. 1959, Ch. 888. ) ## 1700.11. All applications for renewal shall state the names and addresses of all persons, except bona fide employees on stated salaries, financially interested either as partners, associates or profit sharers, in the operation of the business of the talent agency. (Amended by Stats. 1978, Ch. 1382.)
  166. 1700.12.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 4. Talent Agencies [1700 - 1700.54] ( Heading of Chapter 4 amended by Stats. 1978, Ch. 1382. ) ## ARTICLE 2. Licenses [1700.5 - 1700.22] ( Article 2 added by Stats. 1959, Ch. 888. )

    Verify source ↗

    Talent agencies must pay filing and annual fees to the Labor Commissioner.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 4. Talent Agencies [1700 - 1700.54] ( Heading of Chapter 4 amended by Stats. 1978, Ch. 1382. ) ## ARTICLE 2. Licenses [1700.5 - 1700.22] ( Article 2 added by Stats. 1959, Ch. 888. ) ## 1700.12. A filing fee of twenty-five dollars ($25) shall be paid to the Labor Commissioner at the time the application for issuance of a talent agency license is filed. In addition to the filing fee required for application for issuance of a talent agency license, every talent agency shall pay to the Labor Commissioner annually at the time a license is issued or renewed: (a) A license fee of two hundred twenty-five dollars ($225). (b) Fifty dollars ($50) for each branch office maintained by the talent agency in this state. (Amended by Stats. 1983, Ch. 323, Sec. 61. Effective July 1, 1983.)
  167. 1700.13.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 4. Talent Agencies [1700 - 1700.54] ( Heading of Chapter 4 amended by Stats. 1978, Ch. 1382. ) ## ARTICLE 2. Licenses [1700.5 - 1700.22] ( Article 2 added by Stats. 1959, Ch. 888. )

    Verify source ↗

    A person applying for consent to transfer or assign a talent agency license must pay a $25 filing fee to the Labor Commissioner, and a talent agency’s location cannot be changed without the Labor Commissioner’s written consent.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 4. Talent Agencies [1700 - 1700.54] ( Heading of Chapter 4 amended by Stats. 1978, Ch. 1382. ) ## ARTICLE 2. Licenses [1700.5 - 1700.22] ( Article 2 added by Stats. 1959, Ch. 888. ) ## 1700.13. A filing fee of twenty-five dollars ($25) shall be paid to the Labor Commissioner at the time application for consent to the transfer or assignment of a talent agency license is made but no license fee shall be required upon the assignment or transfer of a license. The location of a talent agency shall not be changed without the written consent of the Labor Commissioner. (Amended by Stats. 1978, Ch. 1382.)
  168. 1700.14.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 4. Talent Agencies [1700 - 1700.54] ( Heading of Chapter 4 amended by Stats. 1978, Ch. 1382. ) ## ARTICLE 2. Licenses [1700.5 - 1700.22] ( Article 2 added by Stats. 1959, Ch. 888. )

    Verify source ↗

    The Labor Commissioner may issue a temporary or provisional license for up to 90 days while a license or renewal application is still being processed.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 4. Talent Agencies [1700 - 1700.54] ( Heading of Chapter 4 amended by Stats. 1978, Ch. 1382. ) ## ARTICLE 2. Licenses [1700.5 - 1700.22] ( Article 2 added by Stats. 1959, Ch. 888. ) ## 1700.14. Whenever an application for a license or renewal is made, and application processing pursuant to this chapter has not been completed, the Labor Commissioner may, at his or her discretion, issue a temporary or provisional license valid for a period not exceeding 90 days, and subject, where appropriate, to the automatic and summary revocation by the Labor Commissioner. Otherwise, the conditions for issuance or renewal shall meet the requirements of Section 1700.6. (Added by Stats. 1984, Ch. 557, Sec. 3.)
  169. 1700.15.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 4. Talent Agencies [1700 - 1700.54] ( Heading of Chapter 4 amended by Stats. 1978, Ch. 1382. ) ## ARTICLE 2. Licenses [1700.5 - 1700.22] ( Article 2 added by Stats. 1959, Ch. 888. )

    Verify source ↗

    A talent agency must file a $50,000 surety bond with the Labor Commissioner before a license is issued or renewed.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 4. Talent Agencies [1700 - 1700.54] ( Heading of Chapter 4 amended by Stats. 1978, Ch. 1382. ) ## ARTICLE 2. Licenses [1700.5 - 1700.22] ( Article 2 added by Stats. 1959, Ch. 888. ) ## 1700.15. A talent agency shall also deposit with the Labor Commissioner, prior to the issuance or renewal of a license, a surety bond in the penal sum of fifty thousand dollars ($50,000). (Amended by Stats. 2005, Ch. 46, Sec. 1. Effective January 1, 2006.)
  170. 1700.16.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 4. Talent Agencies [1700 - 1700.54] ( Heading of Chapter 4 amended by Stats. 1978, Ch. 1382. ) ## ARTICLE 2. Licenses [1700.5 - 1700.22] ( Article 2 added by Stats. 1959, Ch. 888. )

    Verify source ↗

    A surety bond for a talent agency license must be payable to the People of California and must cover the applicant’s compliance, unpaid sums, and damages from specified misconduct.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 4. Talent Agencies [1700 - 1700.54] ( Heading of Chapter 4 amended by Stats. 1978, Ch. 1382. ) ## ARTICLE 2. Licenses [1700.5 - 1700.22] ( Article 2 added by Stats. 1959, Ch. 888. ) ## 1700.16. Such surety bonds shall be payable to the people of the State of California, and shall be conditioned that the person applying for the license will comply with this chapter and will pay all sums due any individual or group of individuals when such person or his representative or agent has received such sums, and will pay all damages occasioned to any person by reason of misstatement, misrepresentation, fraud, deceit, or any unlawful acts or omissions of the licensed talent agency, or its agents or employees, while acting within the scope of their employment. (Amended by Stats. 1978, Ch. 1382.)
  171. 1700.18.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 4. Talent Agencies [1700 - 1700.54] ( Heading of Chapter 4 amended by Stats. 1978, Ch. 1382. ) ## ARTICLE 2. Licenses [1700.5 - 1700.22] ( Article 2 added by Stats. 1959, Ch. 888. )

    Verify source ↗

    Filing fees and license money collected under this chapter must be paid into the State Treasury and credited to the Labor Enforcement and Compliance Fund, and fines for violations of the chapter must be paid into the State Treasury and credited to the General Fund.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 4. Talent Agencies [1700 - 1700.54] ( Heading of Chapter 4 amended by Stats. 1978, Ch. 1382. ) ## ARTICLE 2. Licenses [1700.5 - 1700.22] ( Article 2 added by Stats. 1959, Ch. 888. ) ## 1700.18. (a) All moneys collected for filing fees and licenses under this chapter shall be paid into the State Treasury and credited to the Labor Enforcement and Compliance Fund. (b) All fines collected for violations of this chapter shall be paid into the State Treasury and credited to the General Fund. (Amended by Stats. 2016, Ch. 31, Sec. 182. (SB 836) Effective June 27, 2016.)
  172. 1700.19.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 4. Talent Agencies [1700 - 1700.54] ( Heading of Chapter 4 amended by Stats. 1978, Ch. 1382. ) ## ARTICLE 2. Licenses [1700.5 - 1700.22] ( Article 2 added by Stats. 1959, Ch. 888. )

    Verify source ↗

    Each license must include the licensee’s name, the licensed premises address details, and the license number and issue date.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 4. Talent Agencies [1700 - 1700.54] ( Heading of Chapter 4 amended by Stats. 1978, Ch. 1382. ) ## ARTICLE 2. Licenses [1700.5 - 1700.22] ( Article 2 added by Stats. 1959, Ch. 888. ) ## 1700.19. Each license shall contain all of the following: (a) The name of the licensee. (b) A designation of the city, street, and number of the premises in which the licensee is authorized to carry on the business of a talent agency. (c) The number and date of issuance of the license. (Amended by Stats. 1986, Ch. 488, Sec. 6.)
  173. 1700.2.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 4. Talent Agencies [1700 - 1700.54] ( Heading of Chapter 4 amended by Stats. 1978, Ch. 1382. ) ## ARTICLE 1. Scope and Definitions [1700 - 1700.4] ( Article 1 added by Stats. 1959, Ch. 888. )

    Verify source ↗

    This section defines “fee” and “registration fee” for this chapter.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 4. Talent Agencies [1700 - 1700.54] ( Heading of Chapter 4 amended by Stats. 1978, Ch. 1382. ) ## ARTICLE 1. Scope and Definitions [1700 - 1700.4] ( Article 1 added by Stats. 1959, Ch. 888. ) ## 1700.2. (a) As used in this chapter, “fee” means any of the following: (1) Any money or other valuable consideration paid or promised to be paid for services rendered or to be rendered by any person conducting the business of a talent agency under this chapter. (2) Any money received by any person in excess of that which has been paid out by him or her for transportation, transfer of baggage, or board and lodging for any applicant for employment. (3) The difference between the amount of money received by any person who furnished employees, performers, or entertainers for circus, vaudeville, theatrical, or other entertainments, exhibitions, or performances, and the amount paid by him or her to the employee, performer, or entertainer. (b) As used in this chapter, “registration fee” means any charge made, or attempted to be made, to an artist for any of the following purposes: (1) Registering or listing an applicant for employment in the entertainment industry. (2) Letter writing. (3) Photographs, film strips, video tapes, or other reproductions of the applicant. (4) Costumes for the applicant. (5) Any activity of a like nature. (Amended by Stats. 1986, Ch. 488, Sec. 1.)
  174. 1700.20.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 4. Talent Agencies [1700 - 1700.54] ( Heading of Chapter 4 amended by Stats. 1978, Ch. 1382. ) ## ARTICLE 2. Licenses [1700.5 - 1700.22] ( Article 2 added by Stats. 1959, Ch. 888. )

    Verify source ↗

    A license only protects the person it is issued to and the places named in it, and it cannot be transferred or assigned without the Labor Commissioner's written consent.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 4. Talent Agencies [1700 - 1700.54] ( Heading of Chapter 4 amended by Stats. 1978, Ch. 1382. ) ## ARTICLE 2. Licenses [1700.5 - 1700.22] ( Article 2 added by Stats. 1959, Ch. 888. ) ## 1700.20. No license shall protect any other than the person to whom it is issued nor any places other than those designated in the license. No license shall be transferred or assigned to any person unless written consent is obtained from the Labor Commissioner. (Added by Stats. 1959, Ch. 888.)
  175. 1700.20a

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 4. Talent Agencies [1700 - 1700.54] ( Heading of Chapter 4 amended by Stats. 1978, Ch. 1382. ) ## ARTICLE 2. Licenses [1700.5 - 1700.22] ( Article 2 added by Stats. 1959, Ch. 888. )

    Verify source ↗

    The Labor Commissioner may issue a certificate of convenience to an eligible person to run a talent agency if the licensed person has died or has a court-appointed conservator of the estate.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 4. Talent Agencies [1700 - 1700.54] ( Heading of Chapter 4 amended by Stats. 1978, Ch. 1382. ) ## ARTICLE 2. Licenses [1700.5 - 1700.22] ( Article 2 added by Stats. 1959, Ch. 888. ) ## 1700.20a. The Labor Commissioner may issue to a person eligible therefor a certificate of convenience to conduct the business of a talent agency where the person licensed to conduct such talent agency business has died or has had a conservator of the estate appointed by a court of competent jurisdiction. Such a certificate of convenience may be denominated an estate certificate of convenience. (Amended by Stats. 1979, Ch. 730.)
  176. 1700.20b

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 4. Talent Agencies [1700 - 1700.54] ( Heading of Chapter 4 amended by Stats. 1978, Ch. 1382. ) ## ARTICLE 2. Licenses [1700.5 - 1700.22] ( Article 2 added by Stats. 1959, Ch. 888. )

    Verify source ↗

    A certificate of convenience is available only to specified estate representatives or successors, and it lasts no more than 90 days unless renewed by the Labor Commissioner.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 4. Talent Agencies [1700 - 1700.54] ( Heading of Chapter 4 amended by Stats. 1978, Ch. 1382. ) ## ARTICLE 2. Licenses [1700.5 - 1700.22] ( Article 2 added by Stats. 1959, Ch. 888. ) ## 1700.20b. To be eligible for a certificate of convenience, a person shall be either: (a) The executor or administrator of the estate of a deceased person licensed to conduct the business of a talent agency. (b) If no executor or administrator has been appointed, the surviving spouse or heir otherwise entitled to conduct the business of such deceased licensee. (c) The conservator of the estate of a person licensed to conduct the business of a talent agency. Such estate certificate of convenience shall continue in force for a period of not to exceed 90 days, and shall be renewable for such period as the Labor Commissioner may deem appropriate, pending the disposal of the talent agency license or the procurement of a new license under the provisions of this chapter. (Amended by Stats. 1979, Ch. 730.)
  177. 1700.21.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 4. Talent Agencies [1700 - 1700.54] ( Heading of Chapter 4 amended by Stats. 1978, Ch. 1382. ) ## ARTICLE 2. Licenses [1700.5 - 1700.22] ( Article 2 added by Stats. 1959, Ch. 888. )

    Verify source ↗

    The Labor Commissioner may revoke or suspend a license if specified grounds are shown.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 4. Talent Agencies [1700 - 1700.54] ( Heading of Chapter 4 amended by Stats. 1978, Ch. 1382. ) ## ARTICLE 2. Licenses [1700.5 - 1700.22] ( Article 2 added by Stats. 1959, Ch. 888. ) ## 1700.21. The Labor Commissioner may revoke or suspend any license when it is shown that any of the following occur: (a) The licensee or his or her agent has violated or failed to comply with any of the provisions of this chapter. (b) The licensee has ceased to be of good moral character. (c) The conditions under which the license was issued have changed or no longer exist. (d) The licensee has made any material misrepresentation or false statement in his or her application for a license. (Amended by Stats. 1986, Ch. 488, Sec. 7.)
  178. 1700.22.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 4. Talent Agencies [1700 - 1700.54] ( Heading of Chapter 4 amended by Stats. 1978, Ch. 1382. ) ## ARTICLE 2. Licenses [1700.5 - 1700.22] ( Article 2 added by Stats. 1959, Ch. 888. )

    Verify source ↗

    Before suspending or revoking a license, the Labor Commissioner must give the license holder a chance to be heard, either in person or through counsel.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 4. Talent Agencies [1700 - 1700.54] ( Heading of Chapter 4 amended by Stats. 1978, Ch. 1382. ) ## ARTICLE 2. Licenses [1700.5 - 1700.22] ( Article 2 added by Stats. 1959, Ch. 888. ) ## 1700.22. Before revoking or suspending any license, the Labor Commissioner shall afford the holder of such license an opportunity to be heard in person or by counsel. The proceedings shall be conducted in accordance with Chapter 5 (commencing at Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the commissioner shall have all the powers granted therein. (Added by Stats. 1959, Ch. 888.)
  179. 1700.23.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 4. Talent Agencies [1700 - 1700.54] ( Heading of Chapter 4 amended by Stats. 1978, Ch. 1382. ) ## ARTICLE 3. Operation and Management [1700.23 - 1700.47] ( Article 3 added by Stats. 1959, Ch. 888. )

    Verify source ↗

    Talent agencies must file their contract forms with the Labor Commissioner, get approval, include a controversy-referral clause unless Section 1700.45 applies, and print a licensing notice on the contract.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 4. Talent Agencies [1700 - 1700.54] ( Heading of Chapter 4 amended by Stats. 1978, Ch. 1382. ) ## ARTICLE 3. Operation and Management [1700.23 - 1700.47] ( Article 3 added by Stats. 1959, Ch. 888. ) ## 1700.23. Every talent agency shall submit to the Labor Commissioner a form or forms of contract to be utilized by such talent agency in entering into written contracts with artists for the employment of the services of such talent agency by such artists, and secure the approval of the Labor Commissioner thereof. Such approval shall not be withheld as to any proposed form of contract unless such proposed form of contract is unfair, unjust and oppressive to the artist. Each such form of contract, except under the conditions specified in Section 1700.45, shall contain an agreement by the talent agency to refer any controversy between the artist and the talent agency relating to the terms of the contract to the Labor Commissioner for adjustment. There shall be printed on the face of the contract in prominent type the following: “This talent agency is licensed by the Labor Commissioner of the State of California.” (Amended by Stats. 1978, Ch. 1382.)
  180. 1700.24.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 4. Talent Agencies [1700 - 1700.54] ( Heading of Chapter 4 amended by Stats. 1978, Ch. 1382. ) ## ARTICLE 3. Operation and Management [1700.23 - 1700.47] ( Article 3 added by Stats. 1959, Ch. 888. )

    Verify source ↗

    Talent agencies must file their fee schedule with the Labor Commissioner and post a copy in their office.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 4. Talent Agencies [1700 - 1700.54] ( Heading of Chapter 4 amended by Stats. 1978, Ch. 1382. ) ## ARTICLE 3. Operation and Management [1700.23 - 1700.47] ( Article 3 added by Stats. 1959, Ch. 888. ) ## 1700.24. Every talent agency shall file with the Labor Commissioner a schedule of fees to be charged and collected in the conduct of that occupation, and shall also keep a copy of the schedule posted in a conspicuous place in the office of the talent agency. Changes in the schedule may be made from time to time, but no fee or change of fee shall become effective until seven days after the date of filing thereof with the Labor Commissioner and until posted for not less than seven days in a conspicuous place in the office of the talent agency. (Amended by Stats. 1986, Ch. 488, Sec. 8.)
  181. 1700.25.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 4. Talent Agencies [1700 - 1700.54] ( Heading of Chapter 4 amended by Stats. 1978, Ch. 1382. ) ## ARTICLE 3. Operation and Management [1700.23 - 1700.47] ( Article 3 added by Stats. 1959, Ch. 888. )

    Verify source ↗

    A licensee who receives artist funds must put them in a trust account immediately, pay the artist within 30 days, and keep records; disputed funds tied to a pending Labor Commissioner controversy must stay in trust and not be used.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 4. Talent Agencies [1700 - 1700.54] ( Heading of Chapter 4 amended by Stats. 1978, Ch. 1382. ) ## ARTICLE 3. Operation and Management [1700.23 - 1700.47] ( Article 3 added by Stats. 1959, Ch. 888. ) ## 1700.25. (a) A licensee who receives any payment of funds on behalf of an artist shall immediately deposit that amount in a trust fund account maintained by him or her in a bank or other recognized depository. The funds, less the licensee’s commission, shall be disbursed to the artist within 30 days after receipt. However, notwithstanding the preceding sentence, the licensee may retain the funds beyond 30 days of receipt in either of the following circumstances: (1) To the extent necessary to offset an obligation of the artist to the talent agency that is then due and owing. (2) When the funds are the subject of a controversy pending before the Labor Commissioner under Section 1700.44 concerning a fee alleged to be owed by the artist to the licensee. (b) A separate record shall be maintained of all funds received on behalf of an artist and the record shall further indicate the disposition of the funds. (c) If disputed by the artist and the dispute is referred to the Labor Commissioner, the failure of a licensee to disburse funds to an artist within 30 days of receipt shall constitute a “controversy” within the meaning of Section 1700.44. (d) Any funds specified in subdivision (a) that are the subject of a controversy pending before the Labor Commissioner under Section 1700.44 shall be retained in the trust fund account specified in subdivision (a) and shall not be used by the licensee for any purpose until the controversy is determined by the Labor Commissioner or settled by the parties. (e) If the Labor Commissioner finds, in proceedings under Section 1700.44, that the licensee’s failure to disburse funds to an artist within the time required by subdivision (a) was a willful violation, the Labor Commissioner may, in addition to other relief under Section 1700.44, order the following: (1) Award reasonable attorney’s fees to the prevailing artist. (2) Award interest to the prevailing artist on the funds wrongfully withheld at the rate of 10 percent per annum during the period of the violation. (f) Nothing in subdivision (c), (d), or (e) shall be deemed to supersede Section 1700.45 or to affect the enforceability of a contractual arbitration provision meeting the criteria of Section 1700.45. (Amended by Stats. 1994, Ch. 1032, Sec. 1. Effective January 1, 1995.)
  182. 1700.26.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 4. Talent Agencies [1700 - 1700.54] ( Heading of Chapter 4 amended by Stats. 1978, Ch. 1382. ) ## ARTICLE 3. Operation and Management [1700.23 - 1700.47] ( Article 3 added by Stats. 1959, Ch. 888. )

    Verify source ↗

    Talent agencies must keep approved records and enter specified information; they also must not make false entries.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 4. Talent Agencies [1700 - 1700.54] ( Heading of Chapter 4 amended by Stats. 1978, Ch. 1382. ) ## ARTICLE 3. Operation and Management [1700.23 - 1700.47] ( Article 3 added by Stats. 1959, Ch. 888. ) ## 1700.26. Every talent agency shall keep records in a form approved by the Labor Commissioner, in which shall be entered all of the following: (1) The name and address of each artist employing the talent agency. (2) The amount of fee received from the artist. (3) The employments secured by the artist during the term of the contract between the artist and the talent agency, and the amount of compensation received by the artists pursuant thereto. (4) Any other information which the Labor Commissioner requires. No talent agency, its agent or employees, shall make any false entry in any records. (Amended by Stats. 1986, Ch. 488, Sec. 11.)
  183. 1700.27.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 4. Talent Agencies [1700 - 1700.54] ( Heading of Chapter 4 amended by Stats. 1978, Ch. 1382. ) ## ARTICLE 3. Operation and Management [1700.23 - 1700.47] ( Article 3 added by Stats. 1959, Ch. 888. )

    Verify source ↗

    Talent agencies must keep chapter-related books and records open for inspection, give the Labor Commissioner copies on request, and file reports the Commissioner prescribes.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 4. Talent Agencies [1700 - 1700.54] ( Heading of Chapter 4 amended by Stats. 1978, Ch. 1382. ) ## ARTICLE 3. Operation and Management [1700.23 - 1700.47] ( Article 3 added by Stats. 1959, Ch. 888. ) ## 1700.27. All books, records, and other papers kept pursuant to this chapter by any talent agency shall be open at all reasonable hours to the inspection of the Labor Commissioner and his agents. Every talent agency shall furnish to the Labor Commissioner upon request a true copy of such books, records, and papers or any portion thereof, and shall make such reports as the Labor Commissioner prescribes. (Amended by Stats. 1978, Ch. 1382.)
  184. 1700.28.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 4. Talent Agencies [1700 - 1700.54] ( Heading of Chapter 4 amended by Stats. 1978, Ch. 1382. ) ## ARTICLE 3. Operation and Management [1700.23 - 1700.47] ( Article 3 added by Stats. 1959, Ch. 888. )

    Verify source ↗

    Talent agencies must post a printed copy of this chapter and any other statutes the Labor Commissioner specifies, and the posted copy must include the name and address of the enforcement officer.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 4. Talent Agencies [1700 - 1700.54] ( Heading of Chapter 4 amended by Stats. 1978, Ch. 1382. ) ## ARTICLE 3. Operation and Management [1700.23 - 1700.47] ( Article 3 added by Stats. 1959, Ch. 888. ) ## 1700.28. Every talent agency shall post in a conspicuous place in the office of such talent agency a printed copy of this chapter and of such other statutes as may be specified by the Labor Commissioner. Such copies shall also contain the name and address of the officer charged with the enforcement of this chapter. The Labor Commissioner shall furnish to talent agencies printed copies of any statute required to be posted under the provisions of this section. (Amended by Stats. 1978, Ch. 1382.)
  185. 1700.29.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 4. Talent Agencies [1700 - 1700.54] ( Heading of Chapter 4 amended by Stats. 1978, Ch. 1382. ) ## ARTICLE 3. Operation and Management [1700.23 - 1700.47] ( Article 3 added by Stats. 1959, Ch. 888. )

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    The Labor Commissioner may adopt, amend, and repeal rules and regulations needed to enforce and administer this chapter, so long as they are consistent with it.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 4. Talent Agencies [1700 - 1700.54] ( Heading of Chapter 4 amended by Stats. 1978, Ch. 1382. ) ## ARTICLE 3. Operation and Management [1700.23 - 1700.47] ( Article 3 added by Stats. 1959, Ch. 888. ) ## 1700.29. The Labor Commissioner may, in accordance with the provisions of Chapter 4 (commencing at Section 11370), Part 1, Division 3, Title 2 of the Government Code, adopt, amend, and repeal such rules and regulations as are reasonably necessary for the purpose of enforcing and administering this chapter and as are not inconsistent with this chapter. (Added by Stats. 1959, Ch. 888.)
  186. 1700.3.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 4. Talent Agencies [1700 - 1700.54] ( Heading of Chapter 4 amended by Stats. 1978, Ch. 1382. ) ## ARTICLE 1. Scope and Definitions [1700 - 1700.4] ( Article 1 added by Stats. 1959, Ch. 888. )

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    This section defines “license” and “licensee” for talent agencies in this chapter.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 4. Talent Agencies [1700 - 1700.54] ( Heading of Chapter 4 amended by Stats. 1978, Ch. 1382. ) ## ARTICLE 1. Scope and Definitions [1700 - 1700.4] ( Article 1 added by Stats. 1959, Ch. 888. ) ## 1700.3. As used in this chapter: (a) “License” means a license issued by the Labor Commissioner to carry on the business of a talent agency under this chapter. (b) “Licensee” means a talent agency which holds a valid, unrevoked, and unforfeited license under this chapter. (Added by Stats. 1978, Ch. 1382.)
  187. 1700.30.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 4. Talent Agencies [1700 - 1700.54] ( Heading of Chapter 4 amended by Stats. 1978, Ch. 1382. ) ## ARTICLE 3. Operation and Management [1700.23 - 1700.47] ( Article 3 added by Stats. 1959, Ch. 888. )

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    A talent agency cannot sell, transfer, or give away a profit interest or participation right to outsiders unless the Labor Commissioner gives written consent.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 4. Talent Agencies [1700 - 1700.54] ( Heading of Chapter 4 amended by Stats. 1978, Ch. 1382. ) ## ARTICLE 3. Operation and Management [1700.23 - 1700.47] ( Article 3 added by Stats. 1959, Ch. 888. ) ## 1700.30. No talent agency shall sell, transfer, or give away to any person other than a director, officer, manager, employee, or shareholder of the talent agency any interest in or the right to participate in the profits of the talent agency without the written consent of the Labor Commissioner. (Amended by Stats. 1986, Ch. 488, Sec. 12.)
  188. 1700.31.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 4. Talent Agencies [1700 - 1700.54] ( Heading of Chapter 4 amended by Stats. 1978, Ch. 1382. ) ## ARTICLE 3. Operation and Management [1700.23 - 1700.47] ( Article 3 added by Stats. 1959, Ch. 888. )

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    A talent agency must not knowingly issue an employment contract that would violate the law, and must not try to fill a help order for illegal employment.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 4. Talent Agencies [1700 - 1700.54] ( Heading of Chapter 4 amended by Stats. 1978, Ch. 1382. ) ## ARTICLE 3. Operation and Management [1700.23 - 1700.47] ( Article 3 added by Stats. 1959, Ch. 888. ) ## 1700.31. No talent agency shall knowingly issue a contract for employment containing any term or condition which, if complied with, would be in violation of law, or attempt to fill an order for help to be employed in violation of law. (Amended by Stats. 1978, Ch. 1382.)
  189. 1700.32.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 4. Talent Agencies [1700 - 1700.54] ( Heading of Chapter 4 amended by Stats. 1978, Ch. 1382. ) ## ARTICLE 3. Operation and Management [1700.23 - 1700.47] ( Article 3 added by Stats. 1959, Ch. 888. )

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    Talent agencies must not publish false or misleading advertising or false statements about engagements or employment, and their advertisements must show the agency’s licensed name, address, and the words “talent agency.”

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 4. Talent Agencies [1700 - 1700.54] ( Heading of Chapter 4 amended by Stats. 1978, Ch. 1382. ) ## ARTICLE 3. Operation and Management [1700.23 - 1700.47] ( Article 3 added by Stats. 1959, Ch. 888. ) ## 1700.32. No talent agency shall publish or cause to be published any false, fraudulent, or misleading information, representation, notice, or advertisement. All advertisements of a talent agency by means of cards, circulars, or signs, and in newspapers and other publications, and all letterheads, receipts, and blanks shall be printed and contain the licensed name and address of the talent agency and the words “talent agency.” No talent agency shall give any false information or make any false promises or representations concerning an engagement or employment to any applicant who applies for an engagement or employment. (Amended by Stats. 1978, Ch. 1382.)
  190. 1700.33.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 4. Talent Agencies [1700 - 1700.54] ( Heading of Chapter 4 amended by Stats. 1978, Ch. 1382. ) ## ARTICLE 3. Operation and Management [1700.23 - 1700.47] ( Article 3 added by Stats. 1959, Ch. 888. )

    Verify source ↗

    A talent agency must not send an artist to a place where the artist’s health, safety, or welfare could be adversely affected if the agency could have found that out by reasonable inquiry.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 4. Talent Agencies [1700 - 1700.54] ( Heading of Chapter 4 amended by Stats. 1978, Ch. 1382. ) ## ARTICLE 3. Operation and Management [1700.23 - 1700.47] ( Article 3 added by Stats. 1959, Ch. 888. ) ## 1700.33. No talent agency shall send or cause to be sent, any artist to any place where the health, safety, or welfare of the artist could be adversely affected, the character of which place the talent agency could have ascertained upon reasonable inquiry. (Amended by Stats. 1986, Ch. 488, Sec. 13.)
  191. 1700.34.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 4. Talent Agencies [1700 - 1700.54] ( Heading of Chapter 4 amended by Stats. 1978, Ch. 1382. ) ## ARTICLE 3. Operation and Management [1700.23 - 1700.47] ( Article 3 added by Stats. 1959, Ch. 888. )

    Verify source ↗

    A talent agency must not send a minor to a saloon or any place where intoxicating liquor is sold for on-premises consumption.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 4. Talent Agencies [1700 - 1700.54] ( Heading of Chapter 4 amended by Stats. 1978, Ch. 1382. ) ## ARTICLE 3. Operation and Management [1700.23 - 1700.47] ( Article 3 added by Stats. 1959, Ch. 888. ) ## 1700.34. No talent agency shall send any minor to any saloon or place where intoxicating liquors are sold to be consumed on the premises. (Amended by Stats. 1978, Ch. 1382.)
  192. 1700.35.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 4. Talent Agencies [1700 - 1700.54] ( Heading of Chapter 4 amended by Stats. 1978, Ch. 1382. ) ## ARTICLE 3. Operation and Management [1700.23 - 1700.47] ( Article 3 added by Stats. 1959, Ch. 888. )

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    A talent agency must not knowingly let certain disreputable or intoxicated persons work in or frequent its business premises.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 4. Talent Agencies [1700 - 1700.54] ( Heading of Chapter 4 amended by Stats. 1978, Ch. 1382. ) ## ARTICLE 3. Operation and Management [1700.23 - 1700.47] ( Article 3 added by Stats. 1959, Ch. 888. ) ## 1700.35. No talent agency shall knowingly permit any persons of bad character, prostitutes, gamblers, intoxicated persons, or procurers to frequent, or be employed in, the place of business of the talent agency. (Amended by Stats. 1978, Ch. 1382.)
  193. 1700.36.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 4. Talent Agencies [1700 - 1700.54] ( Heading of Chapter 4 amended by Stats. 1978, Ch. 1382. ) ## ARTICLE 3. Operation and Management [1700.23 - 1700.47] ( Article 3 added by Stats. 1959, Ch. 888. )

    Verify source ↗

    A talent agency must not accept job applications for minors or place minors in employment that violates Part 4.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 4. Talent Agencies [1700 - 1700.54] ( Heading of Chapter 4 amended by Stats. 1978, Ch. 1382. ) ## ARTICLE 3. Operation and Management [1700.23 - 1700.47] ( Article 3 added by Stats. 1959, Ch. 888. ) ## 1700.36. No talent agency shall accept any application for employment made by or on behalf of any minor, as defined by subdivision (c) of Section 1286, or shall place or assist in placing any such minor in any employment whatever in violation of Part 4 (commencing with Section 1171). (Amended by Stats. 1983, Ch. 142, Sec. 100.)
  194. 1700.37.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 4. Talent Agencies [1700 - 1700.54] ( Heading of Chapter 4 amended by Stats. 1978, Ch. 1382. ) ## ARTICLE 3. Operation and Management [1700.23 - 1700.47] ( Article 3 added by Stats. 1959, Ch. 888. )

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    A minor generally cannot disaffirm a valid contract with a licensed talent agency for entertainment services if the form and court approval requirements are met.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 4. Talent Agencies [1700 - 1700.54] ( Heading of Chapter 4 amended by Stats. 1978, Ch. 1382. ) ## ARTICLE 3. Operation and Management [1700.23 - 1700.47] ( Article 3 added by Stats. 1959, Ch. 888. ) ## 1700.37. A minor cannot disaffirm a contract, otherwise valid, entered into during minority, either during the actual minority of the minor entering into such contract or at any time thereafter, with a duly licensed talent agency as defined in Section 1700.4 to secure him engagements to render artistic or creative services in motion pictures, television, the production of phonograph records, the legitimate or living stage, or otherwise in the entertainment field including, but without being limited to, services as an actor, actress, dancer, musician, comedian, singer, or other performer or entertainer, or as a writer, director, producer, production executive, choreographer, composer, conductor or designer, the blank form of which has been approved by the Labor Commissioner pursuant to Section 1700.23, where such contract has been approved by the superior court of the county where such minor resides or is employed. Such approval may be given by the superior court on the petition of either party to the contract after such reasonable notice to the other party thereto as may be fixed by said court, with opportunity to such other party to appear and be heard. (Amended by Stats. 1978, Ch. 1382.)
  195. 1700.38.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 4. Talent Agencies [1700 - 1700.54] ( Heading of Chapter 4 amended by Stats. 1978, Ch. 1382. ) ## ARTICLE 3. Operation and Management [1700.23 - 1700.47] ( Article 3 added by Stats. 1959, Ch. 888. )

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    A talent agency must not knowingly place an artist in a location with a strike, lockout, or other labor trouble unless it notifies the artist first.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 4. Talent Agencies [1700 - 1700.54] ( Heading of Chapter 4 amended by Stats. 1978, Ch. 1382. ) ## ARTICLE 3. Operation and Management [1700.23 - 1700.47] ( Article 3 added by Stats. 1959, Ch. 888. ) ## 1700.38. No talent agency shall knowingly secure employment for an artist in any place where a strike, lockout, or other labor trouble exists, without notifying the artist of such conditions. (Amended by Stats. 1978, Ch. 1382.)
  196. 1700.39.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 4. Talent Agencies [1700 - 1700.54] ( Heading of Chapter 4 amended by Stats. 1978, Ch. 1382. ) ## ARTICLE 3. Operation and Management [1700.23 - 1700.47] ( Article 3 added by Stats. 1959, Ch. 888. )

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    A talent agency must not divide fees with an employer, an employer’s agent, or another employee of the employer.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 4. Talent Agencies [1700 - 1700.54] ( Heading of Chapter 4 amended by Stats. 1978, Ch. 1382. ) ## ARTICLE 3. Operation and Management [1700.23 - 1700.47] ( Article 3 added by Stats. 1959, Ch. 888. ) ## 1700.39. No talent agency shall divide fees with an employer, an agent or other employee of an employer. (Amended by Stats. 1978, Ch. 1382.)
  197. 1700.4.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 4. Talent Agencies [1700 - 1700.54] ( Heading of Chapter 4 amended by Stats. 1978, Ch. 1382. ) ## ARTICLE 1. Scope and Definitions [1700 - 1700.4] ( Article 1 added by Stats. 1959, Ch. 888. )

    Verify source ↗

    This section defines “talent agency” and “artists,” and says talent agencies may counsel or direct artists in their careers.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 4. Talent Agencies [1700 - 1700.54] ( Heading of Chapter 4 amended by Stats. 1978, Ch. 1382. ) ## ARTICLE 1. Scope and Definitions [1700 - 1700.4] ( Article 1 added by Stats. 1959, Ch. 888. ) ## 1700.4. (a) “Talent agency” means a person or corporation who engages in the occupation of procuring, offering, promising, or attempting to procure employment or engagements for an artist or artists, except that the activities of procuring, offering, or promising to procure recording contracts for an artist or artists shall not of itself subject a person or corporation to regulation and licensing under this chapter. Talent agencies may, in addition, counsel or direct artists in the development of their professional careers. (b) “Artists” means actors and actresses rendering services on the legitimate stage and in the production of motion pictures, radio artists, musical artists, musical organizations, directors of legitimate stage, motion picture and radio productions, musical directors, writers, cinematographers, composers, lyricists, arrangers, models, and other artists and persons rendering professional services in motion picture, theatrical, radio, television and other entertainment enterprises. (Amended by Stats. 1986, Ch. 488, Sec. 2.)
  198. 1700.40.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 4. Talent Agencies [1700 - 1700.54] ( Heading of Chapter 4 amended by Stats. 1978, Ch. 1382. ) ## ARTICLE 3. Operation and Management [1700.23 - 1700.47] ( Article 3 added by Stats. 1959, Ch. 888. )

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    Talent agencies may not collect registration fees, may not route artists to financially interested businesses for certain services, and may not take referral fees for those services. If a talent agency takes fees or expenses for helping an artist get work and the artist does not get the job or get paid, the agency must repay the artist on demand, and may owe an extra amount if it does not repay within 48 hours.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 4. Talent Agencies [1700 - 1700.54] ( Heading of Chapter 4 amended by Stats. 1978, Ch. 1382. ) ## ARTICLE 3. Operation and Management [1700.23 - 1700.47] ( Article 3 added by Stats. 1959, Ch. 888. ) ## 1700.40. (a) No talent agency shall collect a registration fee. In the event that a talent agency shall collect from an artist a fee or expenses for obtaining employment for the artist, and the artist shall fail to procure the employment, or the artist shall fail to be paid for the employment, the talent agency shall, upon demand therefor, repay to the artist the fee and expenses so collected. Unless repayment thereof is made within 48 hours after demand therefor, the talent agency shall pay to the artist an additional sum equal to the amount of the fee. (b) No talent agency may refer an artist to any person, firm, or corporation in which the talent agency has a direct or indirect financial interest for other services to be rendered to the artist, including, but not limited to, photography, audition tapes, demonstration reels or similar materials, business management, personal management, coaching, dramatic school, casting or talent brochures, agency-client directories, or other printing. (c) No talent agency may accept any referral fee or similar compensation from any person, association, or corporation providing services of any type expressly set forth in subdivision (b) to an artist under contract with the talent agency. (Amended by Stats. 1994, Ch. 1032, Sec. 2. Effective January 1, 1995.)
  199. 1700.41.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 4. Talent Agencies [1700 - 1700.54] ( Heading of Chapter 4 amended by Stats. 1978, Ch. 1382. ) ## ARTICLE 3. Operation and Management [1700.23 - 1700.47] ( Article 3 added by Stats. 1959, Ch. 888. )

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    A talent agency must reimburse an artist’s actual travel expenses if it sends the artist beyond the city limits on a representation that specific work will be available there, but the artist does not find that work and has not already been reimbursed.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 4. Talent Agencies [1700 - 1700.54] ( Heading of Chapter 4 amended by Stats. 1978, Ch. 1382. ) ## ARTICLE 3. Operation and Management [1700.23 - 1700.47] ( Article 3 added by Stats. 1959, Ch. 888. ) ## 1700.41. In cases where an artist is sent by a talent agency beyond the limits of the city in which the office of such talent agency is located upon the representation of such talent agency that employment of a particular type will there be available for the artist and the artist does not find such employment available, such talent agency shall reimburse the artist for any actual expenses incurred in going to and returning from the place where the artist has been so sent unless the artist has been otherwise so reimbursed. (Amended by Stats. 1978, Ch. 1382.)
  200. 1700.44.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 4. Talent Agencies [1700 - 1700.54] ( Heading of Chapter 4 amended by Stats. 1978, Ch. 1382. ) ## ARTICLE 3. Operation and Management [1700.23 - 1700.47] ( Article 3 added by Stats. 1959, Ch. 888. )

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    This section sends disputes to the Labor Commissioner, allows a de novo superior court appeal within 10 days, and sets bond and filing-time limits. It also says failing to get a license is not a criminal act and allows unlicensed persons or corporations to work with a licensed talent agency when requested for employment-contract negotiations.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 6. LICENSING [1682 - 1706.5] ( Heading of Part 6 amended by Stats. 1972, Ch. 590. ) ## CHAPTER 4. Talent Agencies [1700 - 1700.54] ( Heading of Chapter 4 amended by Stats. 1978, Ch. 1382. ) ## ARTICLE 3. Operation and Management [1700.23 - 1700.47] ( Article 3 added by Stats. 1959, Ch. 888. ) ## 1700.44. (a) In cases of controversy arising under this chapter, the parties involved shall refer the matters in dispute to the Labor Commissioner, who shall hear and determine the same, subject to an appeal within 10 days after determination, to the superior court where the same shall be heard de novo. To stay any award for money, the party aggrieved shall execute a bond approved by the superior court in a sum not exceeding twice the amount of the judgment. In all other cases the bond shall be in a sum of not less than one thousand dollars ($1,000) and approved by the superior court. The Labor Commissioner may certify without a hearing that there is no controversy within the meaning of this section if he or she has by investigation established that there is no dispute as to the amount of the fee due. Service of the certification shall be made upon all parties concerned by registered or certified mail with return receipt requested and the certification shall become conclusive 10 days after the date of mailing if no objection has been filed with the Labor Commissioner during that period. (b) Notwithstanding any other provision of law to the contrary, failure of any person to obtain a license from the Labor Commissioner pursuant to this chapter shall not be considered a criminal act under any law of this state. (c) No action or proceeding shall be brought pursuant to this chapter with respect to any violation which is alleged to have occurred more than one year prior to commencement of the action or proceeding. (d) It is not unlawful for a person or corporation which is not licensed pursuant to this chapter to act in conjunction with, and at the request of, a licensed talent agency in the negotiation of an employment contract. (Amended by Stats. 1986, Ch. 488, Sec. 15.)

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