Labor Code — Part 4 | LAB — United States — California law | Esheria

Labor Code

Part 4 of 13 · provisions 601–800

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. 1700.45.

    ## 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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    An arbitration clause in a talent-agency contract is valid only if it meets specified conditions, including notice to the Labor Commissioner and allowing attendance at hearings.

    ## 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. ) ## 1700.45. Notwithstanding Section 1700.44, a provision in a contract providing for the decision by arbitration of any controversy under the contract or as to its existence, validity, construction, performance, nonperformance, breach, operation, continuance, or termination, shall be valid: (a) If the provision is contained in a contract between a talent agency and a person for whom the talent agency under the contract undertakes to endeavor to secure employment, or (b) If the provision is inserted in the contract pursuant to any rule, regulation, or contract of a bona fide labor union regulating the relations of its members to a talent agency, and (c) If the contract provides for reasonable notice to the Labor Commissioner of the time and place of all arbitration hearings, and (d) If the contract provides that the Labor Commissioner or his or her authorized representative has the right to attend all arbitration hearings. Except as otherwise provided in this section, any arbitration shall be governed by the provisions of Title 9 (commencing with Section 1280) of Part 3 of the Code of Civil Procedure. If there is an arbitration provision in a contract, the contract need not provide that the talent agency agrees to refer any controversy between the applicant and the talent agency regarding the terms of the contract to the Labor Commissioner for adjustment, and Section 1700.44 shall not apply to controversies pertaining to the contract. A provision in a contract providing for the decision by arbitration of any controversy arising under this chapter which does not meet the requirements of this section is not made valid by Section 1281 of the Code of Civil Procedure. (Amended by Stats. 1986, Ch. 488, Sec. 16.)
  2. 1700.47.

    ## 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 licensee must not refuse to represent an artist because of race, color, creed, sex, national origin, religion, or handicap.

    ## 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. ) ## 1700.47. It shall be unlawful for any licensee to refuse to represent any artist on account of that artist’s race, color, creed, sex, national origin, religion, or handicap. (Repealed and added by Stats. 1986, Ch. 488, Sec. 18.)
  3. 1700.5.

    ## 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 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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    A person may not operate a talent agency without first getting a license from the Labor Commissioner, and the license must be posted in the office and its number used in talent-solicitation advertisements.

    ## 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. ) ## 1700.5. No person shall engage in or carry on the occupation of a talent agency without first procuring a license therefor from the Labor Commissioner. The license shall be posted in a conspicuous place in the office of the licensee. The license number shall be referred to in any advertisement for the purpose of the solicitation of talent for the talent agency. Licenses issued for talent agencies prior to the effective date of this chapter shall not be invalidated thereby, but renewals of those licenses shall be obtained in the manner prescribed by this chapter. (Amended by Stats. 1989, Ch. 480, Sec. 1.)
  4. 1700.50.

    ## 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 4. Education and Trainings [1700.50 - 1700.54] ( Article 4 added by Stats. 2018, Ch. 967, Sec. 1. )

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    A licensee must give adult artists sexual harassment prevention materials within 90 days and keep a 3-year record showing the materials were provided.

    ## 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 4. Education and Trainings [1700.50 - 1700.54] ( Article 4 added by Stats. 2018, Ch. 967, Sec. 1. ) ## 1700.50. (a) A licensee shall make available via electronic transmission, hard copy brochure, or through other reasonable means educational materials regarding sexual harassment prevention, retaliation, and reporting resources to an adult artist within 90 days of agreeing to representation by the licensee or agency procurement of an engagement, meeting, or interview, whichever comes first. (b) Sexual harassment educational materials shall include, at a minimum, the components specified in the Civil Rights Department’s Form 185. Educational materials may be provided electronically, via internet website, or other means. (c) Educational materials for each artist shall be in the language understood by that artist. The licensee may comply with this language requirement either by making the educational materials available in that language or by having the educational materials presented for the artist in the language that they understand. (d) The licensee shall keep a record for three years confirming that it has made available educational materials regarding sexual harassment prevention, retaliation, and reporting resources to all adult artists who have been signed for representation after the effective date of the act adding this article. (Amended by Stats. 2022, Ch. 48, Sec. 66. (SB 189) Effective June 30, 2022.)
  5. 1700.51.

    ## 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 4. Education and Trainings [1700.50 - 1700.54] ( Article 4 added by Stats. 2018, Ch. 967, Sec. 1. )

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    A licensee must give adult model artists educational materials about nutrition and eating disorders within 90 days and keep a three-year record of doing so.

    ## 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 4. Education and Trainings [1700.50 - 1700.54] ( Article 4 added by Stats. 2018, Ch. 967, Sec. 1. ) ## 1700.51. (a) A licensee shall make available educational materials regarding nutrition and eating disorders to an adult model artist within 90 days of the date of agreeing to representation by the licensee or agency procurement of an engagement, meeting, or interview, whichever comes first. (b) Educational materials regarding nutrition and eating disorders shall include, at a minimum, the components specified in the National Institute of Health’s Eating Disorders Internet Web site at www.nimh.nih.gov/health/topics/eating-disorders/index.shtml or a successor Internet Web site. (c) Educational materials regarding nutrition and eating disorders for each adult model artist shall be in the language understood by that artist. The licensee may comply with this language requirement either by making the educational materials available in the artist’s native language or by having the educational materials presented for the artist in the language that he or she understands. (d) The licensee shall keep a record for three years confirming that it has made available educational materials regarding nutrition and eating disorders to all adult model artists who have been signed for representation after the effective date of the act adding this article. (Added by Stats. 2018, Ch. 967, Sec. 1. (AB 2338) Effective January 1, 2019.)
  6. 1700.52.

    ## 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 4. Education and Trainings [1700.50 - 1700.54] ( Article 4 added by Stats. 2018, Ch. 967, Sec. 1. )

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    Before a minor’s entertainment work permit is issued, the parent or legal guardian must make sure the minor completes specified training and certify completion to the Labor Commissioner; a licensee must also keep a copy of the permit before certain auditions or engagements.

    ## 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 4. Education and Trainings [1700.50 - 1700.54] ( Article 4 added by Stats. 2018, Ch. 967, Sec. 1. ) ## 1700.52. (a) Prior to the issuance of an entertainment work permit to a minor pursuant to Section 1308.5, the parent or legal guardian of a minor between 14 to 17 years of age, inclusive, hereafter “age-eligible minor,” shall do all of the following: (1) Ensure that the minor completes training in sexual harassment prevention, retaliation, and reporting resources using the online training course made available on the internet website of the Civil Rights Department pursuant to Section 12950.1 of the Government Code. The minor shall be accompanied by a parent or legal guardian for the training. (2) Certify to the Labor Commissioner that the training has been completed. (b) Training for each age-eligible minor and their parent or legal guardian shall be in the language understood by that person, whenever reasonably possible. (c) A licensee shall request and retain a copy of the minor’s entertainment work permit prior to representing or sending a minor artist on an audition, meeting, or interview for engagement of the minor’s services. (Amended by Stats. 2022, Ch. 48, Sec. 67. (SB 189) Effective June 30, 2022.)
  7. 1700.53.

    ## 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 4. Education and Trainings [1700.50 - 1700.54] ( Article 4 added by Stats. 2018, Ch. 967, Sec. 1. )

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    A licensee renewing a license must tell the Labor Commissioner that it has made, and will keep making, educational materials available to adult artists.

    ## 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 4. Education and Trainings [1700.50 - 1700.54] ( Article 4 added by Stats. 2018, Ch. 967, Sec. 1. ) ## 1700.53. As part of the application for license renewal, in order to establish that the requirements of this article are met, a licensee shall confirm to the Labor Commissioner that it has and will continue to make available educational materials to adult artists in compliance with Sections 1700.50 and 1700.51. (Added by Stats. 2018, Ch. 967, Sec. 1. (AB 2338) Effective January 1, 2019.)
  8. 1700.54.

    ## 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 4. Education and Trainings [1700.50 - 1700.54] ( Article 4 added by Stats. 2018, Ch. 967, Sec. 1. )

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    A licensee must provide educational materials to an adult artist, use a language the artist understands, and request and keep a minor’s entertainment work permit.

    ## 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 4. Education and Trainings [1700.50 - 1700.54] ( Article 4 added by Stats. 2018, Ch. 967, Sec. 1. ) ## 1700.54. (a) It is a violation of this article for a licensee to do any of the following: (1) Fail to ensure that educational materials are made available to an adult artist. (2) Fail to make available educational materials in a language understood by the artist. (3) Fail to request and retain a minor’s entertainment work permit. (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 assess a civil penalty recoverable by the Labor Commissioner 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 his or her discretion, may decide not to penalize the licensee when that violation was due to a clerical error or inadvertent mistake. (Added by Stats. 2018, Ch. 967, Sec. 1. (AB 2338) Effective January 1, 2019.)
  9. 1700.6.

    ## 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 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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    A person applying for a talent agency license must file a written application with the Labor Commissioner in the required form and include specified information and supporting fingerprints and affidavits.

    ## 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. ) ## 1700.6. A written application for a license shall be made to the Labor Commissioner in the form prescribed by him or her and shall state: (a) The name and address of the applicant. (b) The street and number of the building or place where the business of the talent agency is to be conducted. (c) The business or occupation engaged in by the applicant for at least two years immediately preceding the date of application. (d) If the applicant is other than a corporation, 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 talent agency in question, together with the amount of their respective interests. If the applicant is a corporation, the corporate name, the names, residential addresses, and telephone numbers of all officers of the corporation, the names of all persons exercising managing responsibility in the applicant or licensee’s office, and the names and addresses of all persons having a financial interest of 10 percent or more in the business and the percentage of financial interest owned by those persons. The application shall be accompanied by two sets of fingerprints of the applicant and affidavits of at least two reputable residents of the city or county in which the business of the talent agency is to be conducted who have known, or been associated with, the applicant for two years, that the applicant is a person of good moral character or, in the case of a corporation, has a reputation for fair dealing. (Amended by Stats. 1986, Ch. 488, Sec. 3.)
  10. 1700.7.

    ## 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 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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    When a license application is received, the Labor Commissioner may investigate the applicant and the proposed talent agency 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 2. Licenses [1700.5 - 1700.22] ( Article 2 added by Stats. 1959, Ch. 888. ) ## 1700.7. Upon receipt of an application for a license the Labor Commissioner may cause an investigation to be made as to the character and responsibility of the applicant and of the premises designated in such application as the place in which it is proposed to conduct the business of the talent agency. (Amended by Stats. 1978, Ch. 1382.)
  11. 1700.8.

    ## 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 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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    The 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 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. ) ## 1700.8. The commissioner upon proper notice and hearing may refuse to grant a license. 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 power granted therein. (Added by Stats. 1959, Ch. 888.)
  12. 1700.9.

    ## 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 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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    A talent agency license cannot be granted if the place endangers an artist’s health, safety, or welfare, or if the applicant’s license was revoked within the last three years.

    ## 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. ) ## 1700.9. No license shall be granted to conduct the business of a talent agency: (a) In a place that would endanger the health, safety, or welfare of the artist. (b) To a person whose license has been revoked within three years from the date of application. (Amended by Stats. 1986, Ch. 488, Sec. 4.)
  13. 1702.

    ## 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 4.5. Fee-Related Talent Services [1701 - 1705.4] ( Repealed and added by Stats. 2009, Ch. 286, Sec. 3. ) ## ARTICLE 2. Advance-Fee Talent Representation Service [1702 - 1702.4] ( Article 2 added by Stats. 2009, Ch. 286, Sec. 3. )

    Verify source ↗

    No person may own or operate an advance-fee talent representation service, or advertise, solicit for, or knowingly refer someone to one.

    ## 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 4.5. Fee-Related Talent Services [1701 - 1705.4] ( Repealed and added by Stats. 2009, Ch. 286, Sec. 3. ) ## ARTICLE 2. Advance-Fee Talent Representation Service [1702 - 1702.4] ( Article 2 added by Stats. 2009, Ch. 286, Sec. 3. ) ## 1702. No person shall own, operate, or act in the capacity of an advance-fee talent representation service or advertise, solicit for, or knowingly refer a person to, an advance-fee talent representation service. (Added by Stats. 2009, Ch. 286, Sec. 3. (AB 1319) Effective January 1, 2010.)
  14. 1702.1.

    ## 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 4.5. Fee-Related Talent Services [1701 - 1705.4] ( Repealed and added by Stats. 2009, Ch. 286, Sec. 3. ) ## ARTICLE 2. Advance-Fee Talent Representation Service [1702 - 1702.4] ( Article 2 added by Stats. 2009, Ch. 286, Sec. 3. )

    Verify source ↗

    This section defines “advance-fee talent representation service” as certain people who provide, offer, advertise, or claim to provide listed artist-related services 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 4.5. Fee-Related Talent Services [1701 - 1705.4] ( Repealed and added by Stats. 2009, Ch. 286, Sec. 3. ) ## ARTICLE 2. Advance-Fee Talent Representation Service [1702 - 1702.4] ( Article 2 added by Stats. 2009, Ch. 286, Sec. 3. ) ## 1702.1. (a) “Advance-fee talent representation service” means a person who provides or offers to provide, or advertises or represents itself as providing, an artist, directly or by referral to another person, with one or more of the following services described below, provided that the person charges or receives a fee from or on behalf of an artist for photographs, Internet Web sites, or other reproductions or other promotional materials as an artist; lessons, coaching, seminars, workshops, or similar training for an artist; or for one or more of the following services: (1) Procuring or attempting to procure an employment opportunity or an engagement as an artist. (2) Procuring or attempting to procure an audition for an artist. (3) Managing or directing the development of an artist’s career. (4) Procuring or attempting to procure a talent agent or talent manager, including an associate, representative, or designee of a talent agent or talent manager. (b) “Advance-fee talent representation service” also means a person who charges or receives a fee from, or on behalf of, an artist for any product or service required for the artist to obtain, from or through the person, any of the services described in paragraphs (1) to (4), inclusive, of subdivision (a). (Added by Stats. 2009, Ch. 286, Sec. 3. (AB 1319) Effective January 1, 2010.)
  15. 1702.3.

    ## 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 4.5. Fee-Related Talent Services [1701 - 1705.4] ( Repealed and added by Stats. 2009, Ch. 286, Sec. 3. ) ## ARTICLE 2. Advance-Fee Talent Representation Service [1702 - 1702.4] ( Article 2 added by Stats. 2009, Ch. 286, Sec. 3. )

    Verify source ↗

    If a person violates Section 1702, Article 4 (starting with Section 1704) applies.

    ## 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 4.5. Fee-Related Talent Services [1701 - 1705.4] ( Repealed and added by Stats. 2009, Ch. 286, Sec. 3. ) ## ARTICLE 2. Advance-Fee Talent Representation Service [1702 - 1702.4] ( Article 2 added by Stats. 2009, Ch. 286, Sec. 3. ) ## 1702.3. A person who violates Section 1702 is subject to the provisions of Article 4 (commencing with Section 1704). (Added by Stats. 2009, Ch. 286, Sec. 3. (AB 1319) Effective January 1, 2010.)
  16. 1702.4.

    ## 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 4.5. Fee-Related Talent Services [1701 - 1705.4] ( Repealed and added by Stats. 2009, Ch. 286, Sec. 3. ) ## ARTICLE 2. Advance-Fee Talent Representation Service [1702 - 1702.4] ( Article 2 added by Stats. 2009, Ch. 286, Sec. 3. )

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    This article does not apply to certain public and nonprofit entities, labor organizations, and general-circulation publications.

    ## 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 4.5. Fee-Related Talent Services [1701 - 1705.4] ( Repealed and added by Stats. 2009, Ch. 286, Sec. 3. ) ## ARTICLE 2. Advance-Fee Talent Representation Service [1702 - 1702.4] ( Article 2 added by Stats. 2009, Ch. 286, Sec. 3. ) ## 1702.4. This article does not apply to the following: (a) A public educational institution. (b) A nonprofit corporation, organized to achieve economic adjustment and civic betterment, give vocational guidance, including employment counseling services, and assist in the placement of its members or others, if all of the following conditions exist: (1) None of the corporation’s directors, officers, or employees receive any compensation other than a nominal salary for services performed for the corporation. (2) The corporation does not charge a fee for its services, although it may request a voluntary contribution. (3) The corporation uses any membership dues or fees solely for maintenance. (c) A nonprofit corporation, formed in good faith for the promotion and advancement of the general professional interests of its members, that maintains a placement service principally engaged to secure employment for its members with the state or a county, city, district, or other public agency under contracts providing employment for one year or longer, or with a nonprofit corporation exempted by subdivision (b). (d) A labor organization, as defined in Section 1117. (e) A newspaper, bona fide newsletter, magazine, trade or professional journal, or other publication of general circulation, whether in print or on the Internet, that has as its main purpose the dissemination of news, reports, trade or professional information, or information not intended to assist in locating, securing, or procuring employment or assignments for others. (f) A public institution. (Added by Stats. 2009, Ch. 286, Sec. 3. (AB 1319) Effective January 1, 2010.)
  17. 1703.

    ## 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 4.5. Fee-Related Talent Services [1701 - 1705.4] ( Repealed and added by Stats. 2009, Ch. 286, Sec. 3. ) ## ARTICLE 3. Other Talent Services [1703 - 1703.6] ( Article 3 added by Stats. 2009, Ch. 286, Sec. 3. )

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    Talent service contracts with artists must be written and include required disclosures, cancellation terms, and refund rules.

    ## 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 4.5. Fee-Related Talent Services [1701 - 1705.4] ( Repealed and added by Stats. 2009, Ch. 286, Sec. 3. ) ## ARTICLE 3. Other Talent Services [1703 - 1703.6] ( Article 3 added by Stats. 2009, Ch. 286, Sec. 3. ) ## 1703. (a) Every contract and agreement between an artist and a talent service shall be in writing, in at least 10-point type, and contain all of the following provisions: (1) The name, address, telephone number, fax number (if any), email address (if any), and Internet Web site address (if any), of the talent service, the artist to whom services are to be provided, and the representative executing the contract on behalf of the talent service. (2) A description of the services to be performed, a statement when those services are to be provided, and the duration of the contract. (3) Evidence of compliance with applicable bonding requirements, including the name of the bonding company and the bond number, if any, and a statement that a bond in the amount of fifty thousand dollars ($50,000) must be posted with the Labor Commissioner. (4) The amount of any fees to be charged to or collected from, or on behalf of, the artist receiving the services, and the date or dates when those fees are required to be paid. (5) The following statements, in boldface type and in close proximity to the artist’s signature: “(Name of talent service) IS A TALENT COUNSELING SERVICE, TALENT LISTING SERVICE, OR TALENT TRAINING SERVICE (whichever is applicable). THIS IS NOT A TALENT AGENCY CONTRACT. ONLY A TALENT AGENT LICENSED PURSUANT TO SECTION 1700.5 OF THE LABOR CODE MAY ENGAGE IN THE OCCUPATION OF PROCURING, OFFERING, PROMISING, OR ATTEMPTING TO PROCURE EMPLOYMENT OR ENGAGEMENTS FOR AN ARTIST. (Name of talent service) IS PROHIBITED BY LAW FROM OFFERING OR ATTEMPTING TO OBTAIN AUDITIONS OR EMPLOYMENT FOR YOU. IT MAY ONLY PROVIDE YOU WITH TRAINING, COUNSELING, OR LISTING INFORMATION (whichever is applicable). FOR MORE INFORMATION, CONSULT CHAPTER 4.5 (COMMENCING WITH SECTION 1701) OF PART 6 OF DIVISION 2 OF THE LABOR CODE. A DISPUTE ARISING OUT OF THE PERFORMANCE OF THE CONTRACT BY THE TALENT SERVICE THAT IS NOT RESOLVED TO THE SATISFACTION OF THE ARTIST SHOULD BE REFERRED TO A LOCAL CONSUMER AFFAIRS DEPARTMENT OR LOCAL LAW ENFORCEMENT, AS APPROPRIATE. YOUR RIGHT TO CANCEL(enter date of transaction)You may cancel this contract and obtain a full refund, without any penalty or obligation, if notice of cancellation is given, in writing, within 10 business days from the above date or the date on which you commence utilizing the services under the contract, whichever is longer. For purposes of this section, business days are Monday through Friday. To cancel this contract, mail or deliver or send by facsimile transmission a signed and dated copy of the following cancellation notice or any other written notice of cancellation to (name of talent service) at (address of its place of business), fax number (if any), email address (if any), and Internet Web site address (if any), NOT LATER THAN MIDNIGHT OF (date). If the contract was executed in part or in whole through the Internet, you may cancel the contract by sending the notification to: (email address). CANCELLATION NOTICEI hereby cancel this contract.Dated:Artist Signature. If you cancel, all fees you have paid must be refunded to you within 10 business days after delivery of the cancellation notice to the talent service.” (6) A statement conspicuously disclosing whether the artist may or may not obtain a refund after the 10-day cancellation period described in paragraph (5) has expired. (b) Except for contracts executed over the Internet, a contract subject to this section shall be dated and signed by the artist and the representative executing the contract on behalf of the talent service. In the case of a contract executed over the Internet, the talent service shall give the artist clear and conspicuous notice of the contract terms and provide to the artist the ability to acknowledge receipt of the terms before acknowledging agreement thereto. In any dispute regarding compliance with this subdivision, the talent service shall have the burden of proving that the artist received the terms and acknowledged agreement thereto. (c) If the talent service offers to list or display information about an artist, including a photograph, on the service’s Internet Web site, online service, online application, or mobile application or on a Web site, online service, online application, or mobile application that the talent service has authority to design or alter, the contract shall contain a notice that the talent service will remove the listing and content within 10 days of a request by the artist or, in the case of a minor, the artist’s parent or guardian. The contract shall include a valid telephone number, mailing address, and email address for the talent service to which a request for removal may be made. (d) A contract between an artist and a talent service shall be contained in a single document that includes the elements set forth in this section. A contract subject to this section that does not comply with subdivisions (a) to (f), inclusive, is voidable at the election of the artist and may be canceled by the artist at any time without any penalty or obligation. (e) (1) An artist may cancel a contract or within 10 business days from the date he or she commences utilizing the services under the contract. An artist shall notify the talent service of the cancellation for talent services within 10 business days of the date he or she executed the contract by mailing, delivering, or sending by facsimile transmission to the talent service, a signed and dated copy of the cancellation notice or any other written notice of cancellation, or by sending a notice of cancellation via the Internet if the contract was executed in part or in whole through the Internet. A talent service shall refund all fees paid by, or on behalf of, an artist within 10 business days after delivery of the cancellation notice. (2) Unless a talent service conspicuously discloses in the contract that cancellation is prohibited after the 10-day cancellation period described in paragraph (1), an artist may cancel a contract for talent services at any time after the 10-day cancellation period by mailing, delivering, or sending by facsimile transmission to the talent service a signed and dated copy of the cancellation notice or any other written notice of cancellation, or by sending a notice of cancellation via the Internet if the contract was executed in part or in whole through the Internet. Within 10 business days after delivery of the cancellation notice, the talent service shall refund to the artist on a pro rata basis all fees paid by, or on behalf of, the artist. (f) A contract between an artist and a talent service shall have a term of not more than one year and shall not be renewed automatically. (g) The talent service shall maintain the address set forth in the contract for receipt of cancellation and for removal of an Internet Web site or other listing, unless it furnishes the artist with written notice of a change of address. Written notice of a change of address may be done by email if the artist designates an email address in the contract for purposes of receiving written notice. (h) The talent service shall advise a person inquiring about canceling a contract to follow the written procedures for cancellation set forth in the contract. (i) Before the artist signs a contract and before the artist or any person acting on his or her behalf becomes obligated to pay or pays any fee, the talent service shall provide a copy of the contract to the artist for the artist to keep. If the contract was executed through the Internet, the talent service may provide a copy of the contract to the artist by making it available to be downloaded and printed through the Internet. (j) The talent service shall maintain the original executed contract on file at its place of business. (Amended by Stats. 2016, Ch. 245, Sec. 1. (AB 2068) Effective January 1, 2017.)
  18. 1703.1.

    ## 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 4.5. Fee-Related Talent Services [1701 - 1705.4] ( Repealed and added by Stats. 2009, Ch. 286, Sec. 3. ) ## ARTICLE 3. Other Talent Services [1703 - 1703.6] ( Article 3 added by Stats. 2009, Ch. 286, Sec. 3. )

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    Talent services must keep specified business records, provide copies on request to listed officials, protect personal identifying information, and include a required disclaimer in certain solicitations or ads.

    ## 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 4.5. Fee-Related Talent Services [1701 - 1705.4] ( Repealed and added by Stats. 2009, Ch. 286, Sec. 3. ) ## ARTICLE 3. Other Talent Services [1703 - 1703.6] ( Article 3 added by Stats. 2009, Ch. 286, Sec. 3. ) ## 1703.1. (a) Every person engaging in the business of a talent service shall keep and maintain records of the talent service business, including the following: (1) The name and address of each artist contracting with the talent service. (2) The amount of the fees paid by or for the artist during the term of the contract with the talent service. (3) Records described in clause (iv) of subparagraph (A) of paragraph (2) of subdivision (d) of Section 1701. (4) Records described in paragraph (1) of subdivision (b) of Section 1703.6. (5) Records described in subdivision (j) of Section 1703. (6) Records described in paragraph (1) of subdivision (a) of Section 1703.4. (7) Records described in paragraph (2) of subdivision (a) of Section 1703.4. (8) Records described in paragraph (2) of subdivision (c) of Section 1703.4. (9) The name, address, date of birth, social security number, federal tax identification number, and driver’s license number and state of issuance thereof, of the owner of the talent service and of the corporate officers of the talent service, if it is owned by a corporation. (10) The legal name, principal residence address, date of birth, and driver’s license number and state of issuance thereof, of every talent scout and the name each talent scout uses while soliciting artists. (11) Any other information that the Labor Commissioner requires. (b) All books, records, and other papers kept pursuant to this chapter by a talent service shall be open for inspection during the hours between 9 a.m. and 5 p.m., inclusive, Monday to Friday, inclusive, except legal holidays, by a peace officer or a representative from the Labor Commissioner, the Attorney General, any district attorney, or any city attorney. Every talent service shall furnish to the Labor Commissioner, a law enforcement officer, the Attorney General, any district attorney, or any city attorney, upon request, a true copy of those books, records, and papers, or any portion thereof, and shall make reports as the Labor Commissioner requires. The inspecting party shall maintain the confidentiality of any personal identifying information contained in the records maintained pursuant to this section, and shall not share, sell, or transfer the information to any third party unless it is otherwise authorized by state or federal law. A written or verbal solicitation or advertisement for an artist to perform or demonstrate any talent for the talent service, or to appear for an interview with the talent service, shall include the following clear and conspicuous statement: “This is not an audition for employment or for obtaining a talent agent or talent management.” (Added by Stats. 2009, Ch. 286, Sec. 3. (AB 1319) Effective January 1, 2010.)
  19. 1703.3.

    ## 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 4.5. Fee-Related Talent Services [1701 - 1705.4] ( Repealed and added by Stats. 2009, Ch. 286, Sec. 3. ) ## ARTICLE 3. Other Talent Services [1703 - 1703.6] ( Article 3 added by Stats. 2009, Ch. 286, Sec. 3. )

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    A talent service must file a $50,000 bond or substitute deposit with the Labor Commissioner before advertising or doing business, and the Labor Commissioner handles filing fees and claim processing.

    ## 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 4.5. Fee-Related Talent Services [1701 - 1705.4] ( Repealed and added by Stats. 2009, Ch. 286, Sec. 3. ) ## ARTICLE 3. Other Talent Services [1703 - 1703.6] ( Article 3 added by Stats. 2009, Ch. 286, Sec. 3. ) ## 1703.3. (a) Prior to advertising or engaging in business, a talent service shall file with the Labor Commissioner a bond in the amount of fifty thousand dollars ($50,000) or a deposit in lieu of the bond pursuant to Section 995.710 of the Code of Civil Procedure. The bond shall be executed by a corporate surety qualified to do business in this state and conditioned upon compliance with this chapter. The total aggregate liability on the bond shall be limited to fifty thousand dollars ($50,000). The bond may be terminated pursuant to Section 995.440 of, or Article 13 (commencing with Section 996.310) of Chapter 2 of Title 14 of Part 2 of, the Code of Civil Procedure. (b) The bond required by this section shall be in favor of, and payable to, the people of the State of California and shall be for the benefit of any person injured by any unlawful act, omission, or failure to provide the services of the talent service. (c) The Labor Commissioner shall charge and collect a filing fee to cover the cost of filing the bond or deposit. (d) (1) Whenever a deposit is made in lieu of the bond otherwise required by this section, the person asserting the claim against the deposit shall establish the claim by furnishing evidence to the Labor Commissioner of injury resulting from an unlawful act, omission, or failure to provide the services of the talent service or of a money judgment entered by a court. (2) When a claimant has established the claim with the Labor Commissioner, the Labor Commissioner shall review and approve the claim and enter the date of the approval thereon. The claim shall be designated an approved claim. (3) When the first claim against a particular deposit has been approved, it shall not be paid until the expiration of a period of 240 days after the date of its approval by the Labor Commissioner. Subsequent claims that are approved by the Labor Commissioner within the same 240-day period shall similarly not be paid until the expiration of that 240-day period. Upon the expiration of the 240-day period, the Labor Commissioner shall pay all approved claims from that 240-day period in full unless the deposit is insufficient, in which case every approved claim shall be paid a pro rata share of the deposit. (4) Whenever the Labor Commissioner approves the first claim against a particular deposit after the expiration of a 240-day period, the date of approval of that claim shall begin a new 240-day period to which paragraph (3) applies with respect to any amount remaining in the deposit. (5) After a deposit is exhausted, no further claims shall be paid by the Labor Commissioner. Claimants who have had claims paid in full or in part pursuant to paragraph (3) or (4) shall not be required to return funds received from the deposit for the benefit of other claimants. (6) Whenever a deposit has been made in lieu of a bond, the amount of the deposit shall not be subject to attachment, garnishment, or execution with respect to an action or judgment against the assignor of the deposit, other than as to an amount as no longer needed or required for the purposes of this chapter and that would otherwise be returned to the assignor of the deposit by the Labor Commissioner. (7) The Labor Commissioner shall return a deposit two years from the date it receives written notification from the assignor of the deposit that the assignor has ceased to engage in the business or act in the capacity of a talent service or has filed a bond pursuant to subdivision (a), provided that there are no outstanding claims against the deposit. The written notice shall include all of the following: (A) The name, address, and telephone number of the assignor. (B) The name, address, and telephone number of the bank at which the deposit is located. (C) The account number of the deposit. (D) A statement that the assignor is ceasing to engage in the business or act in the capacity of a talent service or has filed a bond with the Labor Commissioner. The Labor Commissioner shall forward an acknowledgment of receipt of the written notice to the assignor at the address indicated therein, specifying the date of receipt of the written notice and the anticipated date of release of the deposit, provided that there are then no outstanding claims against the deposit. (8) A superior court may order the return of the deposit prior to the expiration of two years upon evidence satisfactory to the court that there are no outstanding claims against the deposit, or order the Labor Commissioner to retain the deposit for a specified period beyond the two years to resolve outstanding claims against the deposit. (9) This subdivision applies to all deposits retained by the Labor Commissioner. The Labor Commissioner shall notify each assignor of a deposit it retains and of the applicability of this section. (10) Compliance with Sections 1700.15 and 1700.16 of this code or Section 1812.503, 1812.510, or 1812.515 of the Civil Code shall not satisfy the requirements of this section. (Added by Stats. 2009, Ch. 286, Sec. 3. (AB 1319) Effective January 1, 2010.)
  20. 1703.4.

    ## 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 4.5. Fee-Related Talent Services [1701 - 1705.4] ( Repealed and added by Stats. 2009, Ch. 286, Sec. 3. ) ## ARTICLE 3. Other Talent Services [1703 - 1703.6] ( Article 3 added by Stats. 2009, Ch. 286, Sec. 3. )

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    Talent services and related services are restricted from certain advertising, fee, referral, ownership, and listing practices involving artists.

    ## 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 4.5. Fee-Related Talent Services [1701 - 1705.4] ( Repealed and added by Stats. 2009, Ch. 286, Sec. 3. ) ## ARTICLE 3. Other Talent Services [1703 - 1703.6] ( Article 3 added by Stats. 2009, Ch. 286, Sec. 3. ) ## 1703.4. (a) A talent service, its owners, directors, officers, agents, and employees shall not do any of the following through any means of communication, including, but not limited to, in person, through the use of a telecommunication device, in print, on the Internet, or through the use of a mobile or online application or other electronic communication: (1) Make or cause to be made any advertisement or representation expressly or impliedly offering the opportunity for an artist to meet with or audition before any producer, director, casting director, or any associate thereof, or any other person who makes, or is represented to make, decisions for the process of hiring artists for employment as an artist, or any talent agent or talent manager, or any associate, representative, or designee thereof, unless the talent service maintains for inspection and copying written evidence of the supporting facts, including the name, business address, and job title of all persons conducting the meeting or audition, and the title of the production and the name of the production company. (2) Make or cause to be made any advertisement or representation that any artist, whether identified or not, has obtained an audition, employment opportunity, or employment as an artist in whole or in part by use of the talent service unless the talent service maintains for inspection written evidence of the supporting facts upon which the claim is based, including the name of the artist and the approximate dates the talent service was used by the artist. (3) Charge or attempt to charge an artist for an audition or employment opportunity. (4) Require an artist, as a condition for using the talent service or for obtaining an additional benefit or preferential treatment from the talent service, to pay a fee for creating or providing photographs, filmstrips, videotapes, audition tapes, demonstration reels, or other reproductions of the artist, Internet Web sites, casting or talent brochures, or other promotional materials for the artist. (5) Charge or attempt to charge an artist any fee not disclosed pursuant to paragraph (4) of subdivision (a) of Section 1703. (6) Refer an artist to a person who charges the artist a fee for any service or any product in which the talent service, its owners, directors, officers, agents, or employees have a direct or indirect financial interest, unless the fee and the financial interest are conspicuously disclosed in a separate writing provided to the artist to keep prior to his or her execution of the contract with the talent service. (7) Require an artist, as a condition for using a talent service or for obtaining any additional benefit or preferential treatment from the talent service, to pay a fee to any other talent service in which the talent service, its owners, directors, officers, agents, or employees have a direct or indirect financial interest. (8) Accept any compensation or other consideration for referring an artist to any person charging the artist a fee. (9) Fail to remove information about, or photographs of, the artist displayed on the talent service’s Internet Web site, online service, online application, or mobile application or an Internet Web site, online service, online application, or mobile application that the service has the authority to design or alter within 10 days of delivery of a request made by telephone, text message, mail, facsimile transmission, email, or other electronic communication from the artist or from a parent or guardian of the artist if the artist is a minor. (b) A talent training service and talent counseling service and the owners, officers, directors, agents, and employees of the talent training service or talent counseling service shall not own, operate, or have a direct or indirect financial interest in a talent listing service. (c) A talent listing service and its owners, officers, directors, agents, and employees shall not do any of the following: (1) Own, operate, or have a direct or indirect financial interest in a talent training service or a talent counseling service. (2) Provide a listing of an audition, job, or employment opportunity without written permission for the listing. A talent listing service shall keep and maintain a copy of all original listings; the name, business address, and business telephone number of the person granting permission to the talent listing service to use the listing; and the date the permission was granted. (3) Make or cause to be made an advertisement or representation that includes the trademark, logo, name, word, or phrase of a company or organization, including a studio, production company, network, broadcaster, talent agency licensed pursuant to Section 1700.5, labor union, or labor organization as defined in Section 1117, in any manner that falsely or misleadingly suggests the endorsement, sponsorship, approval, or affiliation of a talent service. (Amended by Stats. 2016, Ch. 245, Sec. 2. (AB 2068) Effective January 1, 2017.)
  21. 1703.5.

    ## 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 4.5. Fee-Related Talent Services [1701 - 1705.4] ( Repealed and added by Stats. 2009, Ch. 286, Sec. 3. ) ## ARTICLE 3. Other Talent Services [1703 - 1703.6] ( Article 3 added by Stats. 2009, Ch. 286, Sec. 3. )

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    Talent scouts and talent services must not allow the same name to be used in the circumstances 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 4.5. Fee-Related Talent Services [1701 - 1705.4] ( Repealed and added by Stats. 2009, Ch. 286, Sec. 3. ) ## ARTICLE 3. Other Talent Services [1703 - 1703.6] ( Article 3 added by Stats. 2009, Ch. 286, Sec. 3. ) ## 1703.5. No talent scout shall use the same name as used by any other talent scout soliciting for the same talent service, and no talent service shall permit a talent scout to use the same name as used by any other talent scout soliciting for the talent service. (Added by Stats. 2009, Ch. 286, Sec. 3. (AB 1319) Effective January 1, 2010.)
  22. 1703.6.

    ## 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 4.5. Fee-Related Talent Services [1701 - 1705.4] ( Repealed and added by Stats. 2009, Ch. 286, Sec. 3. ) ## ARTICLE 3. Other Talent Services [1703 - 1703.6] ( Article 3 added by Stats. 2009, Ch. 286, Sec. 3. )

    Verify source ↗

    This article does not apply to several listed entities, including certain educational, counseling, talent-listing, and public-library arrangements.

    ## 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 4.5. Fee-Related Talent Services [1701 - 1705.4] ( Repealed and added by Stats. 2009, Ch. 286, Sec. 3. ) ## ARTICLE 3. Other Talent Services [1703 - 1703.6] ( Article 3 added by Stats. 2009, Ch. 286, Sec. 3. ) ## 1703.6. This article does not apply to any of the following: (a) An entity described in subdivisions (a), (b), (d), (e), and (f) of Section 1702.4. (b) (1) A private educational institution established solely for educational purposes which, as a part of its curriculum, offers employment counseling to its student body and satisfies either of the following: (A) The institution conforms to the requirements of Article 5 (commencing with Section 33190) of Chapter 2 of Part 20 of Division 2 of Title 2 of the Education Code. (B) More than 90 percent of the students to whom instruction, training, or education is provided during any semester or other term of instruction have completed or terminated their secondary education or are beyond the age of compulsory high school attendance. A person claiming exemption under this subparagraph shall maintain adequate records to establish the age of its students, including the name, date of birth, principal residence address, principal telephone number, driver’s license number and state of issuance thereof, and dates of attendance, and shall make them available for inspection and copying within 24 hours of a written request by the Labor Commissioner, the Attorney General, a district attorney, a city attorney, or a state or local law enforcement agency. The inspecting party shall maintain the confidentiality of any personal identifying information contained in the records maintained pursuant to this section, and shall not share, sell, or transfer the information to any third party unless it is otherwise authorized by state or federal law. (2) A person claiming an exemption under this subdivision has the burden of producing evidence to establish the exemption. (c) A psychologist or psychological corporation, licensed pursuant to Chapter 6.6 (commencing with Section 2900) of Division 2 of the Business and Professions Code, that provides psychological assessment, career or occupational counseling, or consultation and related professional services within the scope of its practice. (d) An educational psychologist, licensed pursuant to Article 1 (commencing with Section 4980) of Chapter 13 of Division 2 of the Business and Professions Code, who provides counseling services within the scope of his or her practice. (e) A talent listing service, if all of the following apply: (1) A majority interest in the service is owned by one or more colleges or universities, or alumni associations affiliated therewith, and each of the colleges or universities is accredited by an accrediting agency recognized by the United States Department of Education and a member organization of the Council of Postsecondary Accreditation. (2) The service provides services exclusively for artists who are the alumni of colleges or universities specified in paragraph (1). (3) The service does not require, as a condition to receiving services, an applicant to have completed courses or examinations beyond the requirements for graduation from the applicant’s college or university specified in paragraph (1). (4) More than 50 percent of the annual revenues received by the service are derived from paid subscriptions of prospective employers. (f) A public library. (Added by Stats. 2009, Ch. 286, Sec. 3. (AB 1319) Effective January 1, 2010.)
  23. 1704.

    ## 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 4.5. Fee-Related Talent Services [1701 - 1705.4] ( Repealed and added by Stats. 2009, Ch. 286, Sec. 3. ) ## ARTICLE 4. Remedies [1704 - 1704.3] ( Article 4 added by Stats. 2009, Ch. 286, Sec. 3. )

    Verify source ↗

    Willfully violating this chapter is a misdemeanor and can be punished by jail, a fine, or both.

    ## 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 4.5. Fee-Related Talent Services [1701 - 1705.4] ( Repealed and added by Stats. 2009, Ch. 286, Sec. 3. ) ## ARTICLE 4. Remedies [1704 - 1704.3] ( Article 4 added by Stats. 2009, Ch. 286, Sec. 3. ) ## 1704. A person, including, an owner, officer, director, agent, or employee of a talent service, who willfully violates any provision of this chapter is guilty of a misdemeanor. Each violation is punishable by imprisonment in a county jail for not more than one year, by a fine not exceeding ten thousand dollars ($10,000), or by both that fine and imprisonment. However, payment of restitution to an artist shall take precedence over the payment of a fine. (Added by Stats. 2009, Ch. 286, Sec. 3. (AB 1319) Effective January 1, 2010.)
  24. 1704.1.

    ## 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 4.5. Fee-Related Talent Services [1701 - 1705.4] ( Repealed and added by Stats. 2009, Ch. 286, Sec. 3. ) ## ARTICLE 4. Remedies [1704 - 1704.3] ( Article 4 added by Stats. 2009, Ch. 286, Sec. 3. )

    Verify source ↗

    The Attorney General, a district attorney, or a city attorney may bring an action for a violation of this chapter, including to stop and prevent the violation.

    ## 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 4.5. Fee-Related Talent Services [1701 - 1705.4] ( Repealed and added by Stats. 2009, Ch. 286, Sec. 3. ) ## ARTICLE 4. Remedies [1704 - 1704.3] ( Article 4 added by Stats. 2009, Ch. 286, Sec. 3. ) ## 1704.1. The Attorney General, a district attorney, or a city attorney may institute an action for a violation of this chapter, including an action to restrain and enjoin a violation. (Added by Stats. 2009, Ch. 286, Sec. 3. (AB 1319) Effective January 1, 2010.)
  25. 1704.2.

    ## 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 4.5. Fee-Related Talent Services [1701 - 1705.4] ( Repealed and added by Stats. 2009, Ch. 286, Sec. 3. ) ## ARTICLE 4. Remedies [1704 - 1704.3] ( Article 4 added by Stats. 2009, Ch. 286, Sec. 3. )

    Verify source ↗

    An injured person may sue for damages or an injunction, and a prevailing plaintiff must receive reasonable attorney’s fees and costs; damages for a violation must be at least triple the amount 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 4.5. Fee-Related Talent Services [1701 - 1705.4] ( Repealed and added by Stats. 2009, Ch. 286, Sec. 3. ) ## ARTICLE 4. Remedies [1704 - 1704.3] ( Article 4 added by Stats. 2009, Ch. 286, Sec. 3. ) ## 1704.2. A person who is injured by a violation of this chapter or by the breach of a contract subject to this chapter may bring an action for recovery of damages or to restrain and enjoin a violation, or both. The court shall award to a plaintiff who prevails in an action under this chapter reasonable attorney’s fees and costs. The amount awarded for damages for a violation of this chapter shall be not less than three times the amount paid by the artist, or on behalf of the artist, to the talent service or the advance-fee talent representation service. (Added by Stats. 2009, Ch. 286, Sec. 3. (AB 1319) Effective January 1, 2010.)
  26. 1704.3.

    ## 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 4.5. Fee-Related Talent Services [1701 - 1705.4] ( Repealed and added by Stats. 2009, Ch. 286, Sec. 3. ) ## ARTICLE 4. Remedies [1704 - 1704.3] ( Article 4 added by Stats. 2009, Ch. 286, Sec. 3. )

    Verify source ↗

    The Labor Commissioner must use bond or deposit proceeds to satisfy a judgment or restitution order tied to a violation of this chapter, if the person does not pay the amounts required.

    ## 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 4.5. Fee-Related Talent Services [1701 - 1705.4] ( Repealed and added by Stats. 2009, Ch. 286, Sec. 3. ) ## ARTICLE 4. Remedies [1704 - 1704.3] ( Article 4 added by Stats. 2009, Ch. 286, Sec. 3. ) ## 1704.3. The Labor Commissioner shall use the proceeds of a bond or deposit posted by a person pursuant to this chapter to satisfy a judgment or restitution order resulting from the person’s violation of a provision of this chapter, if the person fails to pay all amounts required by the judgment or restitution order. (Added by Stats. 2009, Ch. 286, Sec. 3. (AB 1319) Effective January 1, 2010.)
  27. 1705.

    ## 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 4.5. Fee-Related Talent Services [1701 - 1705.4] ( Repealed and added by Stats. 2009, Ch. 286, Sec. 3. ) ## ARTICLE 5. General Provisions [1705 - 1705.4] ( Article 5 added by Stats. 2009, Ch. 286, Sec. 3. )

    Verify source ↗

    This section says the chapter is not exclusive and does not excuse a person covered by it from complying with all other laws.

    ## 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 4.5. Fee-Related Talent Services [1701 - 1705.4] ( Repealed and added by Stats. 2009, Ch. 286, Sec. 3. ) ## ARTICLE 5. General Provisions [1705 - 1705.4] ( Article 5 added by Stats. 2009, Ch. 286, Sec. 3. ) ## 1705. The provisions of this chapter are not exclusive and do not relieve a person subject to this chapter from the duty to comply with all other laws. (Added by Stats. 2009, Ch. 286, Sec. 3. (AB 1319) Effective January 1, 2010.)
  28. 1705.1.

    ## 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 4.5. Fee-Related Talent Services [1701 - 1705.4] ( Repealed and added by Stats. 2009, Ch. 286, Sec. 3. ) ## ARTICLE 5. General Provisions [1705 - 1705.4] ( Article 5 added by Stats. 2009, Ch. 286, Sec. 3. )

    Verify source ↗

    The remedies in this chapter are not exclusive and can be used alongside other remedies or procedures allowed by other law.

    ## 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 4.5. Fee-Related Talent Services [1701 - 1705.4] ( Repealed and added by Stats. 2009, Ch. 286, Sec. 3. ) ## ARTICLE 5. General Provisions [1705 - 1705.4] ( Article 5 added by Stats. 2009, Ch. 286, Sec. 3. ) ## 1705.1. The remedies provided in this chapter are not exclusive and shall be in addition to any other remedies or procedures provided in any other law, including Section 17500 of the Business and Professions Code. (Added by Stats. 2009, Ch. 286, Sec. 3. (AB 1319) Effective January 1, 2010.)
  29. 1705.2.

    ## 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 4.5. Fee-Related Talent Services [1701 - 1705.4] ( Repealed and added by Stats. 2009, Ch. 286, Sec. 3. ) ## ARTICLE 5. General Provisions [1705 - 1705.4] ( Article 5 added by Stats. 2009, Ch. 286, Sec. 3. )

    Verify source ↗

    An artist cannot validly waive the chapter’s protections, and a person or talent service may not try to make an artist do so.

    ## 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 4.5. Fee-Related Talent Services [1701 - 1705.4] ( Repealed and added by Stats. 2009, Ch. 286, Sec. 3. ) ## ARTICLE 5. General Provisions [1705 - 1705.4] ( Article 5 added by Stats. 2009, Ch. 286, Sec. 3. ) ## 1705.2. A waiver by an artist of the provisions of this chapter is deemed contrary to public policy and void and unenforceable. An attempt by a person or a talent service to have an artist waive his or her rights under this chapter is a violation of this chapter. (Added by Stats. 2009, Ch. 286, Sec. 3. (AB 1319) Effective January 1, 2010.)
  30. 1705.3.

    ## 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 4.5. Fee-Related Talent Services [1701 - 1705.4] ( Repealed and added by Stats. 2009, Ch. 286, Sec. 3. ) ## ARTICLE 5. General Provisions [1705 - 1705.4] ( Article 5 added by Stats. 2009, Ch. 286, Sec. 3. )

    Verify source ↗

    If any part of this chapter is held unconstitutional, the rest of the chapter remains in effect.

    ## 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 4.5. Fee-Related Talent Services [1701 - 1705.4] ( Repealed and added by Stats. 2009, Ch. 286, Sec. 3. ) ## ARTICLE 5. General Provisions [1705 - 1705.4] ( Article 5 added by Stats. 2009, Ch. 286, Sec. 3. ) ## 1705.3. If any provision of this chapter or the application thereof to any person or circumstances is held unconstitutional, the remainder of the chapter and the application of that provision to other persons and circumstances shall not be affected thereby. (Added by Stats. 2009, Ch. 286, Sec. 3. (AB 1319) Effective January 1, 2010.)
  31. 1705.4.

    ## 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 4.5. Fee-Related Talent Services [1701 - 1705.4] ( Repealed and added by Stats. 2009, Ch. 286, Sec. 3. ) ## ARTICLE 5. General Provisions [1705 - 1705.4] ( Article 5 added by Stats. 2009, Ch. 286, Sec. 3. )

    Verify source ↗

    Compliance with this chapter does not replace any other legal requirement, including getting a Talent Agencies Act license before trying to procure employment or engagements for artists.

    ## 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 4.5. Fee-Related Talent Services [1701 - 1705.4] ( Repealed and added by Stats. 2009, Ch. 286, Sec. 3. ) ## ARTICLE 5. General Provisions [1705 - 1705.4] ( Article 5 added by Stats. 2009, Ch. 286, Sec. 3. ) ## 1705.4. Compliance with this chapter does not satisfy and is not a substitute for the requirements mandated by any other applicable law, including the obligation to obtain a license under the Talent Agencies Act (Chapter 4 (commencing with Section 1700)), prior to procuring, offering, promising, or attempting to procure employment or engagements for artists. (Added by Stats. 2009, Ch. 286, Sec. 3. (AB 1319) Effective January 1, 2010.)
  32. 1706.

    ## 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 5. Child Performer Services Permits [1706 - 1706.5] ( Chapter 5 added by Stats. 2012, Ch. 634, Sec. 1. )

    Verify source ↗

    People who want to represent or provide specified services to a minor artist must first apply for and obtain a Child Performer Services Permit.

    ## 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 5. Child Performer Services Permits [1706 - 1706.5] ( Chapter 5 added by Stats. 2012, Ch. 634, Sec. 1. ) ## 1706. (a) (1) No person shall represent or provide specified services to any artist who is a minor, under 18 years of age, without first submitting an application to the Labor Commissioner for a Child Performer Services Permit and receiving that permit. (2) The Labor Commissioner shall set forth a filing fee, to be paid by the applicant to the commissioner at the time the application is filed, in an amount sufficient to reimburse the Labor Commissioner for the costs of the permit program. This amount shall be in addition to any charge imposed by the Labor Commissioner pursuant to paragraph (3) of subdivision (c). (3) (A) The Labor Commissioner shall issue a Child Performer Services Permit to the applicant after he or she has received the application and filing fee and determined from information provided by the Department of Justice that the person is not required to register pursuant to Sections 290 to 290.006, inclusive, of the Penal Code. (B) After receiving his or her first Child Performer Services Permit, a person shall on a biennial basis renew his or her application by resubmitting his or her name and a new filing fee to the Labor Commissioner in the amount set forth by the Labor Commissioner pursuant to paragraph (2). The Labor Commissioner shall issue a renewed permit to the person after receiving his or her application and filing fee and determining from the subsequent arrest notification provided by the Department of Justice pursuant to subparagraph (D) of paragraph (2) of subdivision (c) that the person is not required to register pursuant to Sections 290 to 290.006, inclusive, of the Penal Code. A person shall not be required to resubmit his or her fingerprints in order to renew his or her permit. (b) Except for subdivision (f) and Sections 1706.1 to 1706.5, inclusive, when applied to a violation of subdivision (f), this chapter does not apply to the following: (1) A person licensed as a talent agent as specified in Chapter 4 (commencing with Section 1700), or operating under the license of a talent agent. (2) A studio teacher certified by the Labor Commissioner as defined in Section 11755 of Title 8 of the California Code of Regulations. (3) A person whose contact with minor children is restricted to locations where, either by law or regulation, the minor must be accompanied at all times by a parent or guardian, and the parent or guardian must be within sight or sound of the minor. (4) A person who has only incidental and occasional contact with minor children, unless the person works directly with minor children, has supervision or disciplinary power over minor children, or receives a fee. (c) (1) Each person required to submit an application to the Labor Commissioner pursuant to paragraph (1) of subdivision (a) shall provide to the Department of Justice electronic fingerprint images and related information required by the department of all permit applicants, for the purposes of obtaining information as to the existence and content of a record of state or federal arrests and convictions, including arrests for which the Department of Justice establishes that the person is free on bail or on his or her recognizance pending trial or appeal. (2) (A) When received, the Department of Justice shall forward the fingerprint images and related information described in paragraph (1) to the Federal Bureau of Investigation and request a federal summary for criminal history information. (B) (i) The Department of Justice shall review the information returned from the Federal Bureau of Investigation and compile and disseminate a response to the Labor Commissioner. (ii) The Department of Justice’s response shall provide both state and federal criminal history information pursuant to paragraph (1) of subdivision (p) of Section 11105 of the Penal Code. (C) The Labor Commissioner shall request from the Department of Justice subsequent arrest notification service, as provided pursuant to Section 11105.2 of the Penal Code, for each person who submitted fingerprint images and the related information pursuant to paragraph (1). (3) (A) The Department of Justice shall charge the Labor Commissioner a fee sufficient to cover the cost of processing the request described in paragraph (2). (B) In addition to the filing fee paid by the applicant pursuant to subdivision (a) to reimburse the Labor Commissioner for the costs of the permit program, the Labor Commissioner may charge the applicant a fee sufficient to cover the costs of the fee imposed by the Department of Justice pursuant to subparagraph (A). The amount of the fee imposed pursuant to this subparagraph shall be forwarded by the Labor Commissioner to the Department of Justice with the applicant’s name, fingerprints, and other information described in paragraph (1). This fee shall be available to the Department of Justice for the purposes described in subparagraph (A), upon appropriation by the Legislature. (4) Upon receipt of information from the Department of Justice provided pursuant to subparagraphs (C) and (D) of paragraph (2), the commissioner shall timely cause a copy of the information to be sent to the person who has submitted the application, and shall keep a copy of the information and application on file. (d) The Labor Commissioner shall maintain a list of all persons holding a valid Child Performer Services Permit issued under this chapter and make this list publicly available on its Internet Web site. (e) (1) Upon receipt of a valid Child Performer Services Permit, the recipient shall post the permit in a conspicuous place in his or her place of business. (2) Any person who is a recipient of a valid Child Performer Services Permit shall include the permit number on advertising in print or electronic media, including, but not limited to, Internet Web sites, or in any other medium of advertising. (f) No person, including a person described in subdivision (b), who is required to register pursuant to Sections 290 to 290.006, inclusive, of the Penal Code may represent or provide specified services to any artist who is a minor. (g) For purposes of this section, the following terms have the following meanings: (1) “Artist” means a person who is or seeks to become an actor, actress, model, extra, radio artist, musical artist, musical organization, director, musical director, writer, cinematographer, composer, lyricist, arranger, or other person rendering professional services in motion picture, theatrical, radio, television, Internet, print media, or other entertainment enterprises or technologies. (2) Except as used in the context of a fee an applicant is required to pay with his or her application, “fee” means any money or other valuable consideration paid or promised to be paid by an artist, by an individual on behalf of an artist, or by a corporation formed on behalf of an artist for services rendered or to be rendered by any person conducting the business of representing artists. (3) “Person” means any individual, company, society, firm, partnership, association, corporation, limited liability company, trust, or other organization. (4) To “represent or provide specified services to” means to provide, offer to provide, or advertise or represent as providing, for a fee one or more of the following services: (A) Photography for use as an artist, including, but not limited to, still photography, digital photography, and video and film services. (B) Managing or directing the development or advancement of the artist’s career as an artist. (C) Career counseling, career consulting, vocational guidance, aptitude testing, evaluation, or planning, in each case relating to the preparation of the artist for employment as an artist. (D) Public relations services or publicity, or both, including arranging personal appearances, developing and distributing press packets, managing fan mail, designing and maintaining Internet Web sites, and consulting on media relations. (E) Instruction, evaluation, lessons, coaching, seminars, workshops, or similar training as an artist, including, but not limited to, acting, singing, dance, voice, or similar instruction services. (F) A camp for artists, which includes, but is not limited to, a day camp or overnight camp in which any portion of the camp includes any services described in subparagraphs (A) to (E), inclusive. (h) (1) The Labor Commissioner shall deposit all filing fees described in subdivision (a) into the Labor Enforcement and Compliance Fund to pay for the costs of administering the Child Performer Services Permit program. (2) On the effective date of the statute adding this subdivision, any moneys in the Child Performer Services Permit Fund and any assets, liabilities, revenues, expenditures, and encumbrances of that fund shall be transferred to the Labor Enforcement and Compliance Fund. (Amended by Stats. 2016, Ch. 31, Sec. 183. (SB 836) Effective June 27, 2016.)
  33. 1706.1.

    ## 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 5. Child Performer Services Permits [1706 - 1706.5] ( Chapter 5 added by Stats. 2012, Ch. 634, Sec. 1. )

    Verify source ↗

    Willfully violating any provision of this chapter is a misdemeanor punishable by up to a $10,000 fine, up to one year in county jail, or both.

    ## 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 5. Child Performer Services Permits [1706 - 1706.5] ( Chapter 5 added by Stats. 2012, Ch. 634, Sec. 1. ) ## 1706.1. A person who willfully violates any provision of this chapter is guilty of a misdemeanor. Each violation is punishable by a fine not exceeding ten thousand dollars ($10,000), by imprisonment in a county jail for not more than one year, or by both that fine and imprisonment. (Added by Stats. 2012, Ch. 634, Sec. 1. (AB 1660) Effective January 1, 2013.)
  34. 1706.2.

    ## 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 5. Child Performer Services Permits [1706 - 1706.5] ( Chapter 5 added by Stats. 2012, Ch. 634, Sec. 1. )

    Verify source ↗

    The Attorney General, a district attorney, or a city attorney may sue to address a violation of this chapter, including to stop and prevent the violation.

    ## 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 5. Child Performer Services Permits [1706 - 1706.5] ( Chapter 5 added by Stats. 2012, Ch. 634, Sec. 1. ) ## 1706.2. The Attorney General, any district attorney, or any city attorney may institute an action for a violation of this chapter, including an action to restrain and enjoin a violation. (Added by Stats. 2012, Ch. 634, Sec. 1. (AB 1660) Effective January 1, 2013.)
  35. 1706.3.

    ## 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 5. Child Performer Services Permits [1706 - 1706.5] ( Chapter 5 added by Stats. 2012, Ch. 634, Sec. 1. )

    Verify source ↗

    An injured person may sue for damages or to stop a violation, with possible fee shifting and punitive damages in willful cases.

    ## 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 5. Child Performer Services Permits [1706 - 1706.5] ( Chapter 5 added by Stats. 2012, Ch. 634, Sec. 1. ) ## 1706.3. A person who is injured as a result of any violation of this chapter committed by a person required to obtain a permit pursuant to paragraph (1) of subdivision (a) of Section 1706 may bring an action to recover damages or to restrain and enjoin a violation, or both. The amount of damages that may be awarded for a violation of this chapter is up to three times the damages actually incurred. A final judgment may be satisfied from the bond or deposit maintained by the Labor Commissioner, if any. A person bringing an action under this chapter who prevails shall be awarded reasonable attorney’s fees and costs. The court may award punitive damages in addition to any other amounts if it determines, by clear and convincing evidence, that the violation of this chapter was willful. (Added by Stats. 2012, Ch. 634, Sec. 1. (AB 1660) Effective January 1, 2013.)
  36. 1706.4.

    ## 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 5. Child Performer Services Permits [1706 - 1706.5] ( Chapter 5 added by Stats. 2012, Ch. 634, Sec. 1. )

    Verify source ↗

    This chapter does not replace other laws, and people subject to it still must comply with those other laws.

    ## 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 5. Child Performer Services Permits [1706 - 1706.5] ( Chapter 5 added by Stats. 2012, Ch. 634, Sec. 1. ) ## 1706.4. The provisions of this chapter are not exclusive and do not relieve any person subject to this chapter from the duty to comply with all other laws. (Added by Stats. 2012, Ch. 634, Sec. 1. (AB 1660) Effective January 1, 2013.)
  37. 1706.5.

    ## 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 5. Child Performer Services Permits [1706 - 1706.5] ( Chapter 5 added by Stats. 2012, Ch. 634, Sec. 1. )

    Verify source ↗

    The remedies in this chapter are not the only remedies available; they add to any other remedies or procedures provided by other law.

    ## 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 5. Child Performer Services Permits [1706 - 1706.5] ( Chapter 5 added by Stats. 2012, Ch. 634, Sec. 1. ) ## 1706.5. The remedies provided in this chapter are not exclusive and are in addition to any other remedies or procedures provided in any other law. (Added by Stats. 2012, Ch. 634, Sec. 1. (AB 1660) Effective January 1, 2013.)
  38. 1720.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. Scope and Operation [1720 - 1743] ( Article 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    This section defines “public works” for this chapter and lists what counts, plus several exclusions and special project rules.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. Scope and Operation [1720 - 1743] ( Article 1 enacted by Stats. 1937, Ch. 90. ) ## 1720. (a) As used in this chapter, “public works” means all of the following: (1) Construction, alteration, demolition, installation, or repair work done under contract and paid for in whole or in part out of public funds, except work done directly by a public utility company pursuant to order of the Public Utilities Commission or other public authority. For purposes of this paragraph, “construction” includes work performed during the design, site assessment, feasibility study, and other preconstruction phases of construction, including, but not limited to, inspection and land surveying work, regardless of whether any further construction work is conducted, and work performed during the postconstruction phases of construction, including, but not limited to, all cleanup work at the jobsite. For purposes of this paragraph, “installation” includes, but is not limited to, the assembly and disassembly of freestanding and affixed modular office systems. (2) Work done for irrigation, utility, reclamation, and improvement districts, and other districts of this type. “Public works” does not include the operation of the irrigation or drainage system of an irrigation or reclamation district, except as used in Section 1778 relating to retaining wages. (3) Street, sewer, or other improvement work done under the direction and supervision or by the authority of an officer or public body of the state, or of a political subdivision or district thereof, whether the political subdivision or district operates under a freeholder’s charter or not. (4) The laying of carpet done under a building lease-maintenance contract and paid for out of public funds. (5) The laying of carpet in a public building done under contract and paid for in whole or in part out of public funds. (6) Public transportation demonstration projects authorized pursuant to Section 143 of the Streets and Highways Code. (7) (A) Infrastructure project grants from the California Advanced Services Fund pursuant to Section 281 of the Public Utilities Code. (B) For purposes of this paragraph, the Public Utilities Commission is not the awarding body or the body awarding the contract, as defined in Section 1722. (8) Tree removal work done in the execution of a project under paragraph (1). (b) For purposes of this section, “paid for in whole or in part out of public funds” means all of the following: (1) The payment of money or the equivalent of money by the state or political subdivision directly to or on behalf of the public works contractor, subcontractor, or developer. (2) Performance of construction work by the state or political subdivision in execution of the project. (3) Transfer by the state or political subdivision of an asset of value for less than fair market price. (4) Fees, costs, rents, insurance or bond premiums, loans, interest rates, or other obligations that would normally be required in the execution of the contract, that are paid, reduced, charged at less than fair market value, waived, or forgiven by the state or political subdivision. (5) Money loaned by the state or political subdivision that is to be repaid on a contingent basis. (6) Credits that are applied by the state or political subdivision against repayment obligations to the state or political subdivision. (c) Notwithstanding subdivision (b), all of the following apply: (1) Private residential projects built on private property are not subject to this chapter unless the projects are built pursuant to an agreement with a state agency, a redevelopment agency, a successor agency to a redevelopment agency when acting in that capacity, or a local public housing authority. (2) If the state or a political subdivision requires a private developer to perform construction, alteration, demolition, installation, or repair work on a public work of improvement as a condition of regulatory approval of an otherwise private development project, and the state or political subdivision contributes no more money, or the equivalent of money, to the overall project than is required to perform this public improvement work, and the state or political subdivision maintains no proprietary interest in the overall project, then only the public improvement work shall thereby become subject to this chapter. (3) (A) If the state or a political subdivision reimburses a private developer for costs that would normally be borne by the public, or provides directly or indirectly a public subsidy to a private development project that is de minimis in the context of the project, an otherwise private development project shall not thereby become subject to this chapter. (B) (i) For purposes of subparagraph (A), a public subsidy is de minimis if it is both less than six hundred thousand dollars ($600,000) and less than 2 percent of the total project cost. (ii) Notwithstanding clause (i), for purposes of subparagraph (A), a public subsidy for a project that consists entirely of single-family dwellings is de minimis if it is less than 2 percent of the total project cost. (iii) This subparagraph shall not apply to a project that was advertised for bid, or a contract that was awarded, before July 1, 2021. (4) The construction or rehabilitation of affordable housing units for low- or moderate-income persons pursuant to paragraph (5) or (7) of subdivision (e) of Section 33334.2 of the Health and Safety Code that are paid for solely with moneys from the Low and Moderate Income Housing Fund established pursuant to Section 33334.3 of the Health and Safety Code or that are paid for by a combination of private funds and funds available pursuant to Section 33334.2 or 33334.3 of the Health and Safety Code do not constitute a project that is paid for in whole or in part out of public funds. (5) Unless otherwise required by a public funding program, the construction or rehabilitation of privately owned residential projects is not subject to this chapter if one or more of the following conditions are met: (A) The project is a self-help housing project in which no fewer than 500 hours of construction work associated with the homes are to be performed by the home buyers. (B) The project consists of rehabilitation or expansion work associated with a facility operated on a not-for-profit basis as temporary or transitional housing for homeless persons with a total project cost of less than twenty-five thousand dollars ($25,000). (C) Assistance is provided to a household as either mortgage assistance, downpayment assistance, or for the rehabilitation of a single-family home. (D) The project consists of new construction, expansion, or rehabilitation work associated with a facility developed by a nonprofit organization to be operated on a not-for-profit basis to provide emergency or transitional shelter and ancillary services and assistance to homeless adults and children. The nonprofit organization operating the project shall provide, at no profit, not less than 50 percent of the total project cost from nonpublic sources, excluding real property that is transferred or leased. Total project cost includes the value of donated labor, materials, and architectural and engineering services. (E) The public participation in the project that would otherwise meet the criteria of subdivision (b) is public funding in the form of below-market interest rate loans for a project in which occupancy of at least 40 percent of the units is restricted for at least 20 years, by deed or regulatory agreement, to individuals or families earning no more than 80 percent of the area median income. (d) Notwithstanding any provision of this section to the contrary, the following projects are not, solely by reason of this section, subject to this chapter: (1) Qualified residential rental projects, as defined by Section 142(d) of the Internal Revenue Code, financed in whole or in part through the issuance of bonds that receive allocation of a portion of the state ceiling pursuant to Chapter 11.8 (commencing with Section 8869.80) of Division 1 of Title 2 of the Government Code on or before December 31, 2003. (2) Single-family residential projects financed in whole or in part through the issuance of qualified mortgage revenue bonds or qualified veterans’ mortgage bonds, as defined by Section 143 of the Internal Revenue Code, or with mortgage credit certificates under a Qualified Mortgage Credit Certificate Program, as defined by Section 25 of the Internal Revenue Code, that receive allocation of a portion of the state ceiling pursuant to Chapter 11.8 (commencing with Section 8869.80) of Division 1 of Title 2 of the Government Code on or before December 31, 2003. (3) Low-income housing projects that are allocated federal or state low-income housing tax credits pursuant to Section 42 of the Internal Revenue Code, Chapter 3.6 (commencing with Section 50199.4) of Part 1 of Division 31 of the Health and Safety Code, or Section 12206, 17058, or 23610.5 of the Revenue and Taxation Code, on or before December 31, 2003. (e) Notwithstanding paragraph (1) of subdivision (a), construction, alteration, demolition, installation, or repair work on the electric transmission system located in California constitutes a public works project for the purposes of this chapter. (f) If a statute, other than this section, or a regulation, other than a regulation adopted pursuant to this section, or an ordinance or a contract applies this chapter to a project, the exclusions set forth in subdivision (d) do not apply to that project. (g) For purposes of this section, references to the Internal Revenue Code mean the Internal Revenue Code of 1986, as amended, and include the corresponding predecessor sections of the Internal Revenue Code of 1954, as amended. (h) The amendments made to this section by either Chapter 938 of the Statutes of 2001 or the act adding this subdivision shall not be construed to preempt local ordinances requiring the payment of prevailing wages on housing projects. (Amended by Stats. 2020, Ch. 346, Sec. 1. (AB 2231) Effective January 1, 2021.)
  39. 1720.2.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. Scope and Operation [1720 - 1743] ( Article 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    For this article, some privately contracted construction work is treated as “public works” if specific ownership, leasing, and timing conditions are met.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. Scope and Operation [1720 - 1743] ( Article 1 enacted by Stats. 1937, Ch. 90. ) ## 1720.2. For the limited purposes of Article 2 (commencing with Section 1770) of this chapter, “public works” also means any construction work done under private contract when all of the following conditions exist: (a) The construction contract is between private persons. (b) The property subject to the construction contract is privately owned, but upon completion of the construction work, more than 50 percent of the assignable square feet of the property is leased to the state or a political subdivision for its use. (c) Either of the following conditions exist: (1) The lease agreement between the lessor and the state or political subdivision, as lessee, was entered into prior to the construction contract. (2) The construction work is performed according to plans, specifications, or criteria furnished by the state or political subdivision, and the lease agreement between the lessor and the state or political subdivision, as lessee, is entered into during, or upon completion of, the construction work. (Amended by Stats. 1980, Ch. 962.)
  40. 1720.3.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. Scope and Operation [1720 - 1743] ( Article 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    This section expands the definition of “public works” for certain contracts and excludes specified recyclable metals from the definition of “hauling of refuse.”

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. Scope and Operation [1720 - 1743] ( Article 1 enacted by Stats. 1937, Ch. 90. ) ## 1720.3. (a) For the limited purposes of Article 2 (commencing with Section 1770), with respect to contracts involving any state agency, including the California State University and the University of California, or any political subdivision of the state, “public works” also means both of the following: (1) The hauling of refuse from a public works site to an outside disposal location. (2) The on hauling of materials used for paving, grading, and fill onto a public works site, if the individual driver’s work is integrated into the flow process of construction. (b) For purposes of this section, the “hauling of refuse” includes, but is not limited to, hauling soil, sand, gravel, rocks, concrete, asphalt, excavation materials, and construction debris. The “hauling of refuse” shall not include the hauling of recyclable metals such as copper, steel, and aluminum that have been separated from other materials at the jobsite prior to transportation and that are to be sold at fair market value to a bona fide purchaser. (Amended by Stats. 2022, Ch. 764, Sec. 2. (AB 1851) Effective January 1, 2023.)
  41. 1720.4.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. Scope and Operation [1720 - 1743] ( Article 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    This section excludes volunteer work, volunteer coordinator work, and certain California Conservation Corps work from the chapter.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. Scope and Operation [1720 - 1743] ( Article 1 enacted by Stats. 1937, Ch. 90. ) ## 1720.4. This chapter shall not apply to any of the following work: (a) Any work performed by a volunteer. For purposes of this section, “volunteer” means an individual who performs work for civic, charitable, or humanitarian reasons for a public agency or corporation qualified under Section 501(c)(3) of the Internal Revenue Code as a tax-exempt organization, without promise, expectation, or receipt of any compensation for work performed. (1) An individual shall be considered a volunteer only when their services are offered freely and without pressure and coercion, direct or implied, from an employer. (2) An individual may receive reasonable meals, lodging, transportation, and incidental expenses or nominal nonmonetary awards without losing volunteer status if, in the entire context of the situation, those benefits and payments are not a substitute form of compensation for work performed. (3) An individual shall not be considered a volunteer if the person is otherwise employed for compensation at any time (A) in the construction, alteration, demolition, installation, repair, or maintenance work on the same project, or (B) by a contractor, other than a corporation qualified under Section 501(c)(3) of the Internal Revenue Code as a tax-exempt organization, that receives payment to perform construction, alteration, demolition, installation, repair, or maintenance work on the same project. (b) Any work performed by a volunteer coordinator. For purposes of this section, “volunteer coordinator” means an individual paid by a corporation qualified under Section 501(c)(3) of the Internal Revenue Code as a tax-exempt organization, to oversee or supervise volunteers. An individual may be considered a volunteer coordinator even if the individual performs some nonsupervisory work on a project alongside the volunteers, so long as the individual’s primary responsibility on the project is to oversee or supervise the volunteers rather than to perform nonsupervisory work. (c) Any work performed by the California Conservation Corps or by Community Conservation Corps certified by the California Conservation Corps pursuant to Section 14507.5 of the Public Resources Code. (d) This section shall remain in effect only until January 1, 2031, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2031, deletes or extends that date. (Amended by Stats. 2022, Ch. 210, Sec. 1. (AB 2463) Effective January 1, 2023. Repealed as of January 1, 2031, by its own provisions.)
  42. 1720.6.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. Scope and Operation [1720 - 1743] ( Article 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    For this article, certain privately contracted construction or repair work counts as “public work” if it supports renewable energy capacity or energy efficiency improvements and meets the listed location and purchase/use conditions.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. Scope and Operation [1720 - 1743] ( Article 1 enacted by Stats. 1937, Ch. 90. ) ## 1720.6. For the limited purposes of Article 2 (commencing with Section 1770) of this chapter, “public work” also means any construction, alteration, demolition, installation, or repair work done under private contract when the following conditions exist: (a) The work is performed in connection with the construction or maintenance of renewable energy generating capacity or energy efficiency improvements. (b) The work is performed on the property of the state or a political subdivision of the state. (c) Either of the following conditions exists: (1) More than 50 percent of the energy generated is purchased or will be purchased by the state or a political subdivision of the state. (2) The energy efficiency improvements are primarily intended to reduce energy costs that would otherwise be incurred by the state or a political subdivision of the state. (Added by Stats. 2011, Ch. 698, Sec. 1. (SB 136) Effective January 1, 2012.)
  43. 1720.7.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. Scope and Operation [1720 - 1743] ( Article 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    For this article, 'public works' includes certain private-contract hospital construction and related work, with an exception for rural general acute care hospitals with 76 beds or fewer when the project is financed in whole or part with conduit revenue bonds.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. Scope and Operation [1720 - 1743] ( Article 1 enacted by Stats. 1937, Ch. 90. ) ## 1720.7. For the limited purposes of Article 2 (commencing with Section 1770) of this chapter, “public works” also means any construction, alteration, demolition, installation, or repair work done under private contract on a project for a general acute care hospital, except on a project for a rural general acute care hospital with a maximum of 76 beds, when the project is paid for, in whole or in part, with the proceeds of conduit revenue bonds, as defined in Section 5870 of the Government Code, issued on or after January 1, 2016, by a public agency. For purposes of this section, “general acute care hospital” and “rural general acute care hospital” have the same meaning as each term is defined in subdivision (a) of Section 1250 of the Health and Safety Code. (Added by Stats. 2015, Ch. 745, Sec. 1. (AB 852) Effective January 1, 2016.)
  44. 1720.8.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. Scope and Operation [1720 - 1743] ( Article 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    This section expands “public works” for Article 2 to include certain private-contract charter school projects paid for with conduit revenue bond proceeds.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. Scope and Operation [1720 - 1743] ( Article 1 enacted by Stats. 1937, Ch. 90. ) ## 1720.8. For the limited purposes of Article 2 (commencing with Section 1770) of this chapter, “public works” also means any construction, alteration, demolition, installation, or repair work done under private contract on a project for a charter school, when the project is paid for, in whole or in part, with the proceeds of conduit revenue bonds, as defined in Section 5870 of the Government Code, issued on or after January 1, 2021, by a public agency. For purposes of this section, “charter school” has the same meaning as the term is defined in Section 17173 of the Education Code, but does not include a charter school with an average daily attendance not exceeding 80 pupils. (Added by Stats. 2020, Ch. 355, Sec. 1. (AB 2765) Effective January 1, 2021.)
  45. 1720.9.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. Scope and Operation [1720 - 1743] ( Article 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    Ready-mixed concrete hauling and delivery counts as public works here, and the hauling/delivery entity must sign a written subcontract and send certified payroll records on time.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. Scope and Operation [1720 - 1743] ( Article 1 enacted by Stats. 1937, Ch. 90. ) ## 1720.9. (a) For the limited purposes of Article 2 (commencing with Section 1770), “public works” also means the hauling and delivery of ready-mixed concrete to carry out a public works contract, with respect to contracts involving any state agency, including the California State University and the University of California, or any political subdivision of the state. (b) For purposes of this section, “ready-mixed concrete” means concrete that is manufactured in a factory or a batching plant, according to a set recipe, and then delivered in a liquefied state by mixer truck for immediate incorporation into a project. (c) For purposes of this section, the “hauling and delivery of ready-mixed concrete to carry out a public works contract” means the job duties for a ready mixer driver that are used by the director in determining wage rates pursuant to Section 1773, and includes receiving the concrete at the factory or batching plant and the return trip to the factory or batching plant. (d) For purposes of this section, the applicable prevailing wage rate shall be the current prevailing wage, as determined by the director, for the geographic area in which the factory or batching plant is located. (e) The entity hauling or delivering ready-mixed concrete to carry out a public works contract shall enter into a written subcontract agreement with the party that engaged the entity to supply the ready-mixed concrete. The written agreement shall require compliance with the requirements of this chapter. The entity hauling or delivering ready-mixed concrete shall be considered a subcontractor solely for the purposes of this chapter. Nothing in this section shall cause any entity to be treated as a contractor or subcontractor for any purpose other than the application of this chapter. (f) The entity hauling or delivering ready-mixed concrete to carry out a public works contract shall submit a certified copy of the payroll records required by subdivision (a) of Section 1776 to the party that engaged the entity and to the general contractor within five working days after the employee has been paid, accompanied by a written time record that shall be certified by each driver for the performance of job duties in subdivision (c). (g) This section shall not apply to public works contracts that are advertised for bid or awarded prior to July 1, 2016. (Amended by Stats. 2016, Ch. 31, Sec. 184. (SB 836) Effective June 27, 2016.)
  46. 1721.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. Scope and Operation [1720 - 1743] ( Article 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    This section defines “political subdivision” to include counties, cities, districts, public housing authorities, state public agencies, and assessment or improvement districts.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. Scope and Operation [1720 - 1743] ( Article 1 enacted by Stats. 1937, Ch. 90. ) ## 1721. “Political subdivision” includes any county, city, district, public housing authority, or public agency of the state, and assessment or improvement districts. (Amended by Stats. 1985, Ch. 239, Sec. 1.)
  47. 1722.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. Scope and Operation [1720 - 1743] ( Article 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    This section defines “awarding body” or “body awarding the contract” as the department, board, authority, officer, or agent that awards a contract for public work.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. Scope and Operation [1720 - 1743] ( Article 1 enacted by Stats. 1937, Ch. 90. ) ## 1722. “Awarding body” or “body awarding the contract” means department, board, authority, officer or agent awarding a contract for public work. (Enacted by Stats. 1937, Ch. 90.)
  48. 1722.1.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. Scope and Operation [1720 - 1743] ( Article 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    This section says that, for this chapter, “contractor” and “subcontractor” are broadly defined to include several related roles when they are working on public works under this article and Article 2.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. Scope and Operation [1720 - 1743] ( Article 1 enacted by Stats. 1937, Ch. 90. ) ## 1722.1. For the purposes of this chapter, “contractor” and “subcontractor” include a contractor, subcontractor, licensee, officer, agent, or representative thereof, acting in that capacity, when working on public works pursuant to this article and Article 2 (commencing with Section 1770). (Amended by Stats. 1982, Ch. 454, Sec. 132.)
  49. 1723.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. Scope and Operation [1720 - 1743] ( Article 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    This section defines “worker” to include a laborer, worker, or mechanic.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. Scope and Operation [1720 - 1743] ( Article 1 enacted by Stats. 1937, Ch. 90. ) ## 1723. “Worker” includes laborer, worker, or mechanic. (Amended by Stats. 2000, Ch. 954, Sec. 2. Effective January 1, 2001. Operative July 1, 2001, by Sec. 21 of Ch. 954.)
  50. 1724.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. Scope and Operation [1720 - 1743] ( Article 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    This section defines “locality in which public work is performed.”

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. Scope and Operation [1720 - 1743] ( Article 1 enacted by Stats. 1937, Ch. 90. ) ## 1724. “Locality in which public work is performed” means the county in which the public work is done in cases in which the contract is awarded by the State, and means the limits of the political subdivision on whose behalf the contract is awarded in other cases. (Enacted by Stats. 1937, Ch. 90.)
  51. 1726.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. Scope and Operation [1720 - 1743] ( Article 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    The awarding body for a public work must notice and promptly report suspected violations to the Labor Commissioner. If it withholds payments after finding a violation, Section 1771.6 procedures apply. A contractor may sue to recover wage differences, penalties, costs, and attorney’s fees if the listed notice conditions are met.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. Scope and Operation [1720 - 1743] ( Article 1 enacted by Stats. 1937, Ch. 90. ) ## 1726. (a) The body awarding the contract for public work shall take cognizance of violations of this chapter committed in the course of the execution of the contract, and shall promptly report any suspected violations to the Labor Commissioner. (b) If the awarding body determines as a result of its own investigation that there has been a violation of this chapter and withholds contract payments, the procedures in Section 1771.6 shall be followed. (c) A contractor may bring an action in a court of competent jurisdiction to recover from an awarding body the difference between the wages actually paid to an employee and the wages that were required to be paid to an employee under this chapter, any penalties required to be paid under this chapter, and costs and attorney’s fees related to this action, if either of the following is true: (1) The awarding body previously affirmatively represented to the contractor in writing, in the call for bids, or otherwise, that the work to be covered by the bid or contract was not a “public work,” as defined in this chapter. (2) The awarding body received actual written notice from the Department of Industrial Relations that the work to be covered by the bid or contract is a “public work,” as defined in this chapter, and failed to disclose that information to the contractor before the bid opening or awarding of the contract. (Amended by Stats. 2003, Ch. 804, Sec. 1. Effective January 1, 2004.)
  52. 1727.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. Scope and Operation [1720 - 1743] ( Article 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    The awarding body must withhold money from public works payments to cover certain civil wage and penalty assessments, and may not disburse those amounts until final judicial review is over.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. Scope and Operation [1720 - 1743] ( Article 1 enacted by Stats. 1937, Ch. 90. ) ## 1727. (a) Before making payments to the contractor of money due under a contract for public work, the awarding body shall withhold and retain therefrom all amounts required to satisfy any civil wage and penalty assessment issued by the Labor Commissioner under this chapter. The amounts required to satisfy a civil wage and penalty assessment shall not be disbursed by the awarding body until receipt of a final order that is no longer subject to judicial review. (b) If the awarding body has not retained sufficient money under the contract to satisfy a civil wage and penalty assessment based on a subcontractor’s violations, the contractor shall, upon the request of the Labor Commissioner, withhold sufficient money due the subcontractor under the contract to satisfy the assessment and transfer the money to the awarding body. These amounts shall not be disbursed by the awarding body until receipt of a final order that is no longer subject to judicial review. (Amended by Stats. 2000, Ch. 954, Sec. 4. Effective January 1, 2001. Operative July 1, 2001, by Sec. 21 of Ch. 954.)
  53. 1728.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. Scope and Operation [1720 - 1743] ( Article 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    When these contract conditions are met, the awarding body must take cash from the contractor instead of withholding funds and then release the final warrant or full payment.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. Scope and Operation [1720 - 1743] ( Article 1 enacted by Stats. 1937, Ch. 90. ) ## 1728. In cases of contracts with assessment or improvement districts where full payment is made in the form of a single warrant, or other evidence of full payment, after completion and acceptance of the work, the awarding body shall accept from the contractor in cash a sum equal to, and in lieu of, any amount required to be withheld, retained, or forfeited under the provisions of this section, and said awarding body shall then release the final warrant or payment in full. (Enacted by Stats. 1937, Ch. 90.)
  54. 1729.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. Scope and Operation [1720 - 1743] ( Article 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    A contractor may withhold money from a subcontractor to cover penalties imposed because of the subcontractor’s noncompliance, and may recover the amount in court if the subcontractor has already been paid.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. Scope and Operation [1720 - 1743] ( Article 1 enacted by Stats. 1937, Ch. 90. ) ## 1729. It shall be lawful for any contractor to withhold from any subcontractor under him sufficient sums to cover any penalties withheld from him by the awarding body on account of the subcontractor’s failure to comply with the terms of this chapter, and if payment has already been made to the subcontractor the contractor may recover from him the amount of the penalty or forfeiture in a suit at law. (Enacted by Stats. 1937, Ch. 90.)
  55. 1730.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. Scope and Operation [1720 - 1743] ( Article 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    The Director of Industrial Relations must post and keep updated an online list of California code sections and language about prevailing per diem wage requirements for public works.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. Scope and Operation [1720 - 1743] ( Article 1 enacted by Stats. 1937, Ch. 90. ) ## 1730. The Director of Industrial Relations shall post a list of every California code section and the language of those sections that relate to the prevailing rate of per diem wage requirements for workers employed on a public work project on the Internet Web site of the Department of Industrial Relations on or before June 1, 2013, and shall update that list each February 1 thereafter. (Added by Stats. 2012, Ch. 280, Sec. 1. (SB 1370) Effective January 1, 2013.)
  56. 1734.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. Scope and Operation [1720 - 1743] ( Article 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    Courts that collect certain fines or penalties must deposit them with the county treasurer as soon as practicable after receipt.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. Scope and Operation [1720 - 1743] ( Article 1 enacted by Stats. 1937, Ch. 90. ) ## 1734. Any court collecting any fines or penalties under the criminal provisions of this chapter or any of the labor laws pertaining to public works shall as soon as practicable after the receipt thereof deposit same with the county treasurer of the county in which such court is situated. Amounts so deposited shall be paid at least once a month by warrant of the county auditor drawn upon requisition of the judge or clerk of said court, to the State Treasurer for deposit in the General Fund. (Amended by Stats. 1953, Ch. 523.)
  57. 1735.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. Scope and Operation [1720 - 1743] ( Article 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    A contractor on public works must not discriminate in hiring on the listed Government Code bases, except where Section 12940 allows otherwise.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. Scope and Operation [1720 - 1743] ( Article 1 enacted by Stats. 1937, Ch. 90. ) ## 1735. A contractor shall not discriminate in the employment of persons upon public works on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, except as otherwise provided in Section 12940 of the Government Code. Every contractor for public works who violates this section is subject to all the penalties imposed for a violation of this chapter. (Amended by Stats. 2004, Ch. 788, Sec. 14. Effective January 1, 2005.)
  58. 1736.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. Scope and Operation [1720 - 1743] ( Article 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    During investigations under this part, the Division of Labor Standards Enforcement must keep confidential the identity of an employee who reports a violation and any identifying information about that employee.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. Scope and Operation [1720 - 1743] ( Article 1 enacted by Stats. 1937, Ch. 90. ) ## 1736. During any investigation conducted under this part, the Division of Labor Standards Enforcement shall keep confidential the name of any employee who reports a violation of this chapter and any other information that may identify the employee. (Added by Stats. 1999, Ch. 302, Sec. 1. Effective January 1, 2000.)
  59. 1740.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. Scope and Operation [1720 - 1743] ( Article 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    A qualifying local legislative body may allow bid terms for public works to be changed to follow revised federal minimum wage schedules without republishing or repeating other formal statutory steps.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. Scope and Operation [1720 - 1743] ( Article 1 enacted by Stats. 1937, Ch. 90. ) ## 1740. Notwithstanding any other provision of this chapter or any other law of this State, except limitations imposed by the Constitution, the legislative body of a political subdivision which has received or is to receive a loan or grant of funds from the Federal Government or a federal department or agency for public works of that political subdivision, may provide in its call for bids in connection with such public works that all bid specifications and contracts and other procedures in connection with bids or contracts shall be subject to modification to comply with revisions in federal minimum wage schedules without the necessity of republication or duplication of other formal statutory requirements. (Added by Stats. 1957, Ch. 1992.)
  60. 1741.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. Scope and Operation [1720 - 1743] ( Article 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    If a violation is found, the Labor Commissioner must issue a civil wage and penalty assessment, serve it on the contractor or subcontractor, and publicize certain cases on a public list.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. Scope and Operation [1720 - 1743] ( Article 1 enacted by Stats. 1937, Ch. 90. ) ## 1741. (a) If the Labor Commissioner or his or her designee determines after an investigation that there has been a violation of this chapter, the Labor Commissioner shall with reasonable promptness issue a civil wage and penalty assessment to the contractor or subcontractor, or both. The assessment shall be in writing, shall describe the nature of the violation and the amount of wages, penalties, and forfeitures due, and shall include the basis for the assessment. The assessment shall be served not later than 18 months after the filing of a valid notice of completion in the office of the county recorder in each county in which the public work or some part thereof was performed, or not later than 18 months after acceptance of the public work, whichever occurs last. Service of the assessment shall be completed pursuant to Section 1013 of the Code of Civil Procedure by first-class and certified mail to the contractor, subcontractor, and awarding body. The assessment shall advise the contractor and subcontractor of the procedure for obtaining review of the assessment. The Labor Commissioner shall, to the extent practicable, ascertain the identity of any bonding company issuing a bond that secures the payment of wages covered by the assessment and any surety on a bond, and shall serve a copy of the assessment by certified mail to the bonding company or surety at the same time service is made to the contractor, subcontractor, and awarding body. However, no bonding company or surety shall be relieved of its responsibilities because it failed to receive notice from the Labor Commissioner. (b) Interest shall accrue on all due and unpaid wages at the rate described in subdivision (b) of Section 3289 of the Civil Code. The interest shall accrue from the date that the wages were due and payable, as provided in Part 7 (commencing with Section 1720) of Division 2, until the wages are paid. (c) (1) The Labor Commissioner shall maintain a public list of the names of each contractor and subcontractor who has been found to have committed a willful violation of Section 1775 or to whom a final order, which is no longer subject to judicial review, has been issued. (2) The list shall include the date of each assessment, the amount of wages and penalties assessed, and the amount collected. (3) The list shall be updated at least quarterly, and the contractor’s or subcontractor’s name shall remain on that list until the assessment is satisfied, or for a period of three years beginning from the date of the issuance of the assessment, whichever is later. (Amended by Stats. 2013, Ch. 792, Sec. 1. (AB 1336) Effective January 1, 2014.)
  61. 1741.1.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. Scope and Operation [1720 - 1743] ( Article 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    The awarding body must send certain public-work completion documents to the Labor Commissioner on request, and several assessment and action periods are tolled while specified determinations or delayed payroll records are outstanding.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. Scope and Operation [1720 - 1743] ( Article 1 enacted by Stats. 1937, Ch. 90. ) ## 1741.1. (a) The period for service of assessments shall be tolled for the period of time required by the Director of Industrial Relations to determine whether a project is a public work, including a determination on administrative appeal, if applicable, pursuant to subdivisions (b) and (c) of Section 1773.5. The period for service of assessments shall also be tolled for the period of time that a contractor or subcontractor fails to provide in a timely manner certified payroll records pursuant to a request from the Labor Commissioner or a joint labor-management committee under Section 1776, or an approved labor compliance program under Section 1771.5 or 1771.7. (b) (1) The body awarding the contract for a public work shall furnish, within 10 days after receipt of a written request from the Labor Commissioner, a copy of the valid notice of completion for the public work filed in the office of the county recorder, or a document evidencing the awarding body’s acceptance of the public work on a particular date, whichever occurs later, by first-class mail addressed to the office of the Labor Commissioner that is listed on the written request. If, at the time of receipt of the Labor Commissioner’s written request, a valid notice of completion has not been filed by the awarding body in the office of the county recorder and there is no document evidencing the awarding body’s acceptance of the public work on a particular date, the awarding body shall so notify the office of the Labor Commissioner that is listed on the written request. Thereafter, the awarding body shall furnish copies of the applicable document within 10 days after filing a valid notice of completion with the county recorder’s office, or within 10 days of the awarding body’s acceptance of the public work on a particular date. (2) If the awarding body fails to timely furnish the Labor Commissioner with the documents identified in paragraph (1), the period for service of assessments under Section 1741 shall be tolled until the Labor Commissioner’s actual receipt of the valid notice of completion for the public work or a document evidencing the awarding body’s acceptance of the public work on a particular date. (c) The tolling provisions in this section shall also apply to the period of time for commencing an action brought by a joint labor-management committee pursuant to Section 1771.2. (Amended by Stats. 2015, Ch. 303, Sec. 377. (AB 731) Effective January 1, 2016.)
  62. 1742.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. Scope and Operation [1720 - 1743] ( Article 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    This section lets an affected contractor or subcontractor seek review of a civil wage and penalty assessment, but only by written request within 60 days after service of the assessment.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. Scope and Operation [1720 - 1743] ( Article 1 enacted by Stats. 1937, Ch. 90. ) ## 1742. (a) An affected contractor or subcontractor may obtain review of a civil wage and penalty assessment under this chapter by transmitting a written request to the office of the Labor Commissioner that appears on the assessment within 60 days after service of the assessment. If no hearing is requested within 60 days after service of the assessment, the assessment shall become final. (b) Upon receipt of a timely request, a hearing shall be commenced within 90 days before the director, who shall appoint an impartial hearing officer possessing the qualifications of an administrative law judge pursuant to subdivision (b) of Section 11502 of the Government Code. The appointed hearing officer shall be an employee of the department, but shall not be an employee of the Division of Labor Standards Enforcement. The contractor or subcontractor shall be provided an opportunity to review evidence to be utilized by the Labor Commissioner at the hearing within 20 days of the receipt of the written request for a hearing. Any evidence obtained by the Labor Commissioner subsequent to the 20-day cutoff shall be promptly disclosed to the contractor or subcontractor. The contractor or subcontractor shall have the burden of proving that the basis for the civil wage and penalty assessment is incorrect. The assessment shall be sufficiently detailed to provide fair notice to the contractor or subcontractor of the issues at the hearing. Within 45 days of the conclusion of the hearing, the director shall issue a written decision affirming, modifying, or dismissing the assessment. The decision of the director shall consist of a notice of findings, findings, and an order. This decision shall be served on all parties and the awarding body pursuant to Section 1013 of the Code of Civil Procedure by first-class mail at the last known address of the party on file with the Labor Commissioner. Within 15 days of the issuance of the decision, the director may reconsider or modify the decision to correct an error, except that a clerical error may be corrected at any time. The director shall adopt regulations setting forth procedures for hearings under this subdivision. (c) An affected contractor or subcontractor may obtain review of the decision of the director by filing a petition for a writ of mandate to the appropriate superior court pursuant to Section 1094.5 of the Code of Civil Procedure within 45 days after service of the decision. If no petition for writ of mandate is filed within 45 days after service of the decision, the order shall become final. If it is claimed in a petition for writ of mandate that the findings are not supported by the evidence, abuse of discretion is established if the court determines that the findings are not supported by substantial evidence in the light of the whole record. (d) A certified copy of a final order may be filed by the Labor Commissioner in the office of the clerk of the superior court in any county in which the affected contractor or subcontractor has property or has or had a place of business. The clerk, immediately upon the filing, shall enter judgment for the state against the person assessed in the amount shown on the certified order. (e) A judgment entered pursuant to this section shall bear the same rate of interest and shall have the same effect as other judgments and shall be given the same preference allowed by law on other judgments rendered for claims for taxes. The clerk shall not charge for the service performed by him or her pursuant to this section. (f) An awarding body that has withheld funds in response to a civil wage and penalty assessment under this chapter shall, upon receipt of a certified copy of a final order that is no longer subject to judicial review, promptly transmit the withheld funds, up to the amount of the certified order, to the Labor Commissioner. (g) This section shall provide the exclusive method for review of a civil wage and penalty assessment by the Labor Commissioner under this chapter or the decision of an awarding body to withhold contract payments pursuant to Section 1771.5. (Amended (as amended by Stats. 2006, Ch. 828, Sec. 1) by Stats. 2008, Ch. 402, Sec. 1. Effective January 1, 2009.)
  63. 1742.1.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. Scope and Operation [1720 - 1743] ( Article 1 enacted by Stats. 1937, Ch. 90. )

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    This section makes certain contractors, subcontractors, and sureties liable for unpaid wages as liquidated damages after 60 days, unless the assessed amount is deposited with the Department of Industrial Relations in time. It also requires escrow funds to be released promptly and gives contractors or subcontractors a chance to request a settlement meeting.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. Scope and Operation [1720 - 1743] ( Article 1 enacted by Stats. 1937, Ch. 90. ) ## 1742.1. (a) After 60 days following the service of a civil wage and penalty assessment under Section 1741 or a notice of withholding under subdivision (a) of Section 1771.6, the affected contractor, subcontractor, and surety on a bond or bonds issued to secure the payment of wages covered by the assessment or notice shall be liable for liquidated damages in an amount equal to the wages, or portion thereof, that still remain unpaid. If the assessment or notice subsequently is overturned or modified after administrative or judicial review, liquidated damages shall be payable only on the wages found to be due and unpaid. Any liquidated damages shall be distributed to the employee along with the unpaid wages. Section 203.5 shall not apply to claims for prevailing wages under this chapter. (b) Notwithstanding subdivision (a), there shall be no liability for liquidated damages if the full amount of the assessment or notice, including penalties, has been deposited with the Department of Industrial Relations, within 60 days following service of the assessment or notice, for the department to hold in escrow pending administrative and judicial review. The department shall release the funds in escrow, plus any interest earned, to the persons and entities that are found to be entitled to those funds, within 30 days following either of the specified events occurring: (1) The conclusion of all administrative and judicial review. (2) The department receives written notice from the Labor Commissioner or his or her designee of a settlement or other final disposition of an assessment issued pursuant to Section 1741 or from the authorized representative of the awarding body of a settlement or other final disposition of a notice issued pursuant to Section 1771.6. (c) The Labor Commissioner shall, upon receipt of a request from the affected contractor or subcontractor within 30 days following the service of a civil wage and penalty assessment under Section 1741, afford the contractor or subcontractor the opportunity to meet with the Labor Commissioner or his or her designee to attempt to settle a dispute regarding the assessment without the need for formal proceedings. The awarding body shall, upon receipt of a request from the affected contractor or subcontractor within 30 days following the service of a notice of withholding under subdivision (a) of Section 1771.6, afford the contractor or subcontractor the opportunity to meet with the designee of the awarding body to attempt to settle a dispute regarding the notice without the need for formal proceedings. The settlement meeting may be held in person or by telephone and shall take place before the expiration of the 60-day period for seeking administrative review. No evidence of anything said or any admission made for the purpose of, in the course of, or pursuant to, the settlement meeting is admissible or subject to discovery in any administrative or civil proceeding. No writing prepared for the purpose of, in the course of, or pursuant to, the settlement meeting, other than a final settlement agreement, is admissible or subject to discovery in any administrative or civil proceeding. The assessment or notice shall advise the contractor or subcontractor of the opportunity to request a settlement meeting. (Amended by Stats. 2017, Ch. 28, Sec. 16. (SB 96) Effective June 27, 2017.)
  64. 1743.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. Scope and Operation [1720 - 1743] ( Article 1 enacted by Stats. 1937, Ch. 90. )

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    Contractors and subcontractors are jointly liable for covered amounts, and the Labor Commissioner must try to collect from the subcontractor first before going after the contractor.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. Scope and Operation [1720 - 1743] ( Article 1 enacted by Stats. 1937, Ch. 90. ) ## 1743. (a) The contractor and subcontractor shall be jointly and severally liable for all amounts due pursuant to a final order under this chapter or a judgment thereon. The Labor Commissioner shall first exhaust all reasonable remedies to collect the amount due from the subcontractor before pursuing the claim against the contractor. (b) From the amount collected, the wage claim shall be satisfied prior to the amount being applied to penalties. If insufficient money is recovered to pay each worker in full, the money shall be prorated among all workers. (c) Wages for workers who cannot be located shall be placed in the Industrial Relations Unpaid Wage Fund and held in trust for the workers pursuant to Section 96.7. Penalties shall be paid into the General Fund. (d) Notwithstanding Section 9558 of the Civil Code, the limitations period of any action on a payment bond filed by the Labor Commissioner shall be governed by the limitations period in Section 1741 and the tolling provisions of Section 1741.1. A final order under this chapter or a judgment thereon shall be binding, with respect to the amount found to be due, on a bonding company issuing a bond that secures the payment of wages and a surety on a bond. The limitations period of any action on a payment bond shall be tolled pending a final order that is no longer subject to judicial review. (Amended by Stats. 2024, Ch. 242, Sec. 1. (AB 2705) Effective January 1, 2025.)
  65. 175.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 7.5. Division of Occupational Safety and Health [175 - 176] ( Heading of Chapter 7.5 amended by Stats. 1980, Ch. 676. )

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    The Division of Occupational Safety and Health is the lead agency for safety oversight of certain large liquefied petroleum gas storage facilities, except public-utility facilities.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 7.5. Division of Occupational Safety and Health [175 - 176] ( Heading of Chapter 7.5 amended by Stats. 1980, Ch. 676. ) ## 175. The Division of Occupational Safety and Health shall be the lead agency in providing for public health and safety as well as worker health and safety in the construction, maintenance, and operation of any liquefied petroleum gas storage facility, other than a facility owned or maintained by a public utility, having a capacity of 100,000 barrels or more, including storage vessels, and related piping, pumping, distribution, and transfer apparatus. As the lead agency, the division shall request any state or local agency having statutory public health and safety jurisdiction over any part of the construction, maintenance, or operation of any such liquefied petroleum gas storage facility, other than a facility owned or maintained by a public utility, to exercise its statutory jurisdiction in relation to such facility, and shall report to the Legislature any instance in which such jurisdiction was not exercised. (Amended by Stats. 1980, Ch. 676.)
  66. 1750.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1.5. Right of Action [1750- 1750.] ( Article 1.5 added by Stats. 1991, Ch. 906, Sec. 1. )

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    This section lets certain affected parties sue for damages over a public works bid dispute, and it bars a convicted second lowest bidder from using the section if the bidder did not take corrective steps.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1.5. Right of Action [1750- 1750.] ( Article 1.5 added by Stats. 1991, Ch. 906, Sec. 1. ) ## 1750. (a) (1) The second lowest bidder, and any person, firm, association, trust, partnership, labor organization, corporation, or other legal entity which has, prior to the letting of the bids on the public works project in question, entered into a contract with the second lowest bidder, that suffers damage as a proximate result of a competitive bid for a public works project, as defined in subdivision (b), not being accepted due to the successful bidder’s violation, as evidenced by the conviction of the successful bidder therefor, of any provision of Division 4 (commencing with Section 3200) or of the Unemployment Insurance Code, may bring an action for damages in the appropriate state court against the violating person or legal entity. (2) There shall be a rebuttable presumption that a successful bidder who has been convicted of a violation of any provision of Division 4 (commencing with Section 3200) of this code or of the Unemployment Insurance Code, or of both, was awarded the bid because that successful bidder was able to lower the bid due to this violation or these violations occurring on the contract for public work awarded by the public agency. (b) For purposes of this article: (1) “Public works project” means the construction, repair, remodeling, alteration, conversion, modernization, improvement, rehabilitation, replacement, or renovation of a public building or structure. (2) “Second lowest bidder” means the second lowest qualified bidder deemed responsive by the public agency awarding the contract for public work. (3) The “second lowest bidder” and the “successful bidder” may include any person, firm, association, corporation, or other legal entity. (c) In an action brought pursuant to this section, the court may award costs and reasonable attorney’s fees, in an amount to be determined in the court’s discretion, to the prevailing party. (d) For purposes of an action brought pursuant to this section, employee status shall be determined pursuant to Division 4 (commencing with Section 3200) with respect to alleged violations of that division, pursuant to the Unemployment Insurance Code with respect to alleged violations of that code, and pursuant to Section 2750.5 with respect to alleged violations of either Division 4 (commencing with Section 3200) or of the Unemployment Insurance Code. (e) The right of action established pursuant to this article shall not be construed to diminish rights of action established pursuant to Section 19102 of, and Article 1.8 (commencing with Section 20104.70) of Chapter 1 of Part 3 of Division 2 of, the Public Contract Code. (f) A second lowest bidder who has been convicted of a violation of any provision of Division 4 (commencing with Section 3200) of the Labor Code or of the Unemployment Insurance Code, or both, within one year prior to filing the bid for public work, and who has failed to take affirmative steps to correct that violation or those violations, is prohibited from taking any action authorized by this section. (Added by Stats. 1991, Ch. 906, Sec. 1.)
  67. 176.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 7.5. Division of Occupational Safety and Health [175 - 176] ( Heading of Chapter 7.5 amended by Stats. 1980, Ch. 676. )

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    The division must make efforts to help limited-English-proficient people communicate effectively with it, and it must issue a progress report to the Legislature on July 30, 2004.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 7.5. Division of Occupational Safety and Health [175 - 176] ( Heading of Chapter 7.5 amended by Stats. 1980, Ch. 676. ) ## 176. (a) The Legislature hereby finds and declares that the Dymally-Alatorre Bilingual Services Act, Chapter 17.5 (commencing with Section 7290) of Division 7 of Title 1 of the Government Code, was enacted in 1973 to provide for the removal of language barriers that prevent the people of this state who are not proficient in English from effectively accessing government services and otherwise communicating with their government. The Legislature further finds and declares that limited-English-proficient individuals will benefit from increased language-based access to the programs and services of the Division of Occupational Safety and Health. The Legislature further finds and declares that federal statistics show that from 1996 to 2000, while overall worker fatalities dropped 14 percent, immigrant worker fatalities rose 17 percent. Immigrant workers die on the job at higher rates because they frequently work in more dangerous industries with little or no training. Language barriers compound the problem because training and warning signs are often only in English. (b) As used in this section, a “public contact position” means any position responsible for responding to telephone or in-office inquiries or taking complaints from the general public regarding matters pertaining to occupational safety and health. (c) As used in the section, an “investigative position” means any position responsible for investigating complaints, injuries, or deaths related to occupational safety and health. (d) As used in this section, “limited-English-proficient” refers to persons who speak English less than “very well,” in accordance with United States Census data. (e) The division shall make all efforts to ensure that limited-English-proficient persons can communicate effectively with the division. Examples of potential measures include, but are not limited to, the hiring of bilingual persons in public contact positions and investigative positions, the use of contract based interpreters, and the use of telephone-based interpretation services. Nothing contained in this section relieves the division of its separate obligations under the Dymally-Alatorre Bilingual Services Act, Chapter 17.5 (commencing with Section 7290) of Division 7 of Title 1 of the Government Code, or any other state or federal laws requiring the provision of its services in languages other than English. (f) On July 30, 2004, the Division of Occupational Safety and Health shall issue a progress report to the Legislature on the implementation of this section that shall, at a minimum, include all of the following: (1) The most recent information provided to the California State Personnel Board pursuant to Section 7299.4 of the Government Code. (2) The number of bilingual employees in public contact and investigative positions in each local office of the division and the languages they speak, other than English. (3) A description of any centralized system or other resources for providing translation and interpretation services within the division. (4) A description of any quality control measures or evaluations undertaken by the division to evaluate whether limited-English-proficient persons are able to communicate effectively with the division. (5) A description of any means, such as contracted interpreters, telephone-based interpretation services, or video conferencing, used by the division to communicate with individuals who are limited-English-proficient in the event that bilingual employees in public contact or investigative positions are not available, and the frequency in which these services were used by the division during the most recent fiscal year. (Amended by Stats. 2003, Ch. 62, Sec. 203. Effective January 1, 2004.)
  68. 1770.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Wages [1770 - 1785] ( Article 2 enacted by Stats. 1937, Ch. 90. )

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    The Director of the Department of Industrial Relations must determine the general prevailing per diem wage rate, and that determination is final except as provided elsewhere.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Wages [1770 - 1785] ( Article 2 enacted by Stats. 1937, Ch. 90. ) ## 1770. The Director of the Department of Industrial Relations shall determine the general prevailing rate of per diem wages in accordance with the standards set forth in Section 1773, and the director’s determination in the matter shall be final except as provided in Section 1773.4. Nothing in this article, however, shall prohibit the payment of more than the general prevailing rate of wages to any worker employed on public work. This chapter does not permit any overtime work in violation of Article 3. (Amended by Stats. 2017, Ch. 28, Sec. 17. (SB 96) Effective June 27, 2017.)
  69. 1771.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Wages [1770 - 1785] ( Article 2 enacted by Stats. 1937, Ch. 90. )

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    Workers on public works must be paid prevailing per diem wages, including holiday and overtime rates, except for projects of $1,000 or less.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Wages [1770 - 1785] ( Article 2 enacted by Stats. 1937, Ch. 90. ) ## 1771. Except for public works projects of one thousand dollars ($1,000) or less, not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed as provided in this chapter, shall be paid to all workers employed on public works. This section is applicable only to work performed under contract, and is not applicable to work carried out by a public agency with its own forces. This section is applicable to contracts let for maintenance work. (Amended by Stats. 1981, Ch. 449, Sec. 1.)
  70. 1771.1.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Wages [1770 - 1785] ( Article 2 enacted by Stats. 1937, Ch. 90. )

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    Contractors and subcontractors generally must be registered to bid on or perform public works, and unregistered work can trigger stop orders, penalties, and contract cancellation.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Wages [1770 - 1785] ( Article 2 enacted by Stats. 1937, Ch. 90. ) ## 1771.1. (a) A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. (b) Notice of the requirement described in subdivision (a) shall be included in all bid invitations and public works contracts, and a bid shall not be accepted nor any contract or subcontract entered into without proof of the contractor or subcontractor’s current registration to perform public work pursuant to Section 1725.5. (c) An inadvertent error in listing a subcontractor who is not registered pursuant to Section 1725.5 in a bid proposal shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive, provided that any of the following apply: (1) The subcontractor is registered prior to the bid opening. (2) Within 24 hours after the bid opening, the subcontractor is registered and has paid the penalty registration fee specified in subparagraph (E) of paragraph (2) of subdivision (a) of Section 1725.5. (3) The subcontractor is replaced by another registered subcontractor pursuant to Section 4107 of the Public Contract Code. (d) Failure by a subcontractor to be registered to perform public work as required by subdivision (a) shall be grounds under Section 4107 of the Public Contract Code for the contractor, with the consent of the awarding authority, to substitute a subcontractor who is registered to perform public work pursuant to Section 1725.5 in place of the unregistered subcontractor. (e) The department shall maintain on its internet website a list of contractors who are currently registered to perform public work pursuant to Section 1725.5. (f) A contract entered into with any contractor or subcontractor in violation of subdivision (a) shall be subject to cancellation, provided that a contract for public work shall not be unlawful, void, or voidable solely due to the failure of the awarding body, contractor, or any subcontractor to comply with the requirements of Section 1725.5 or this section. (g) If the Labor Commissioner or their designee determines that a contractor or subcontractor engaged in the performance of any public work contract without having been registered in accordance with this section, the contractor or subcontractor shall forfeit, as a civil penalty to the state, one hundred dollars ($100) for each day of work performed in violation of the registration requirement, not to exceed an aggregate penalty of eight thousand dollars ($8,000) in addition to any penalty registration fee assessed pursuant to clause (ii) of subparagraph (E) of paragraph (2) of subdivision (a) of Section 1725.5. (h) (1) In addition to, or in lieu of, any other penalty or sanction authorized pursuant to this chapter, a higher tiered public works contractor or subcontractor who is found to have entered into a subcontract with an unregistered lower tier subcontractor to perform any public work in violation of the requirements of Section 1725.5 or this section shall be subject to forfeiture, as a civil penalty to the state, of one hundred dollars ($100) for each day the unregistered lower tier subcontractor performs work in violation of the registration requirement, not to exceed an aggregate penalty of ten thousand dollars ($10,000). (2) The Labor Commissioner shall use the same standards specified in subparagraph (A) of paragraph (2) of subdivision (a) of Section 1775 when determining the severity of the violation and what penalty to assess, and may waive the penalty for a first time violation that was unintentional and did not hinder the Labor Commissioner’s ability to monitor and enforce compliance with the requirements of this chapter. (3) A higher tiered public works contractor or subcontractor shall not be liable for penalties assessed pursuant to paragraph (1) if the lower tier subcontractor’s performance is in violation of the requirements of Section 1725.5 due to the revocation of a previously approved registration. (4) A subcontractor shall not be liable for any penalties assessed against a higher tiered public works contractor or subcontractor pursuant to paragraph (1). A higher tiered public works contractor or subcontractor may not require a lower tiered subcontractor to indemnify or otherwise be liable for any penalties pursuant to paragraph (1). (i) The Labor Commissioner or their designee shall issue a civil wage and penalty assessment, in accordance with the provisions of Section 1741, upon determination of penalties pursuant to subdivision (g) and paragraph (1) of subdivision (h). Review of a civil wage and penalty assessment issued under this subdivision may be requested in accordance with the provisions of Section 1742. The regulations of the Director of Industrial Relations, which govern proceedings for review of civil wage and penalty assessments and the withholding of contract payments under Article 1 (commencing with Section 1720) and Article 2 (commencing with Section 1770), shall apply. (j) (1) Where a contractor or subcontractor engages in the performance of any public work contract without having been registered in violation of the requirements of Section 1725.5 or this section, the Labor Commissioner shall issue and serve a stop order prohibiting the use of the unregistered contractor or the unregistered subcontractor on all public works until the unregistered contractor or unregistered subcontractor is registered. The stop order shall not apply to work by registered contractors or subcontractors on the public work. (2) A stop order may be personally served upon the contractor or subcontractor by either of the following methods: (A) Manual delivery of the order to the contractor or subcontractor personally. (B) Leaving signed copies of the order with the person who is apparently in charge at the site of the public work and by thereafter mailing copies of the order by first-class mail, postage prepaid to the contractor or subcontractor at one of the following: (i) The address of the contractor or subcontractor on file with either the Secretary of State or the Contractors State License Board. (ii) If the contractor or subcontractor has no address on file with the Secretary of State or the Contractors State License Board, the address of the site of the public work. (3) The stop order shall be effective immediately upon service and shall be subject to appeal by the party contracting with the unregistered contractor or subcontractor, by the unregistered contractor or subcontractor, or both. The appeal, hearing, and any further review of the hearing decision shall be governed by the procedures, time limits, and other requirements specified in subdivision (a) of Section 238.1. (4) Any employee of an unregistered contractor or subcontractor who is affected by a work stoppage ordered by the commissioner pursuant to this subdivision shall be paid at their regular hourly prevailing wage rate by that employer for any hours the employee would have worked but for the work stoppage, not to exceed 10 days. (k) Failure of a contractor or subcontractor, owner, director, officer, or managing agent of the contractor or subcontractor to observe a stop order issued and served upon them pursuant to subdivision (j) is guilty of a misdemeanor punishable by imprisonment in county jail not exceeding 60 days or by a fine not exceeding ten thousand dollars ($10,000), or both. (l) This section shall apply to any bid proposal submitted on or after March 1, 2015, and any contract for public work entered into on or after April 1, 2015. This section shall also apply to the performance of any public work, as defined in this chapter, on or after January 1, 2018, regardless of when the contract for public work was entered. (m) Penalties received pursuant to this section shall be deposited in the State Public Works Enforcement Fund established by Section 1771.3 and shall be used only for the purposes specified in that section. (n) This section shall not apply to work performed on a public works project of twenty-five thousand dollars ($25,000) or less when the project is for construction, alteration, demolition, installation, or repair work or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work. (o) Awarding authorities shall annually submit to the Department of Industrial Relations’ electronic project registration database a list of contractors that are ineligible to bid on or be awarded a public works contract, or to perform work as a subcontractor on a public works project, pursuant to local debarment or suspension processes. The electronic database list shall contain the name of the contractor, the Contractors State License Board license number of the contractor, the specific jurisdiction where the debarment or suspension applies, and the effective period of debarment or suspension of the contractor. The electronic database list shall be updated at least annually. The department shall make the lists provided by awarding authorities available to the public through its project registration database, but shall have no responsibility for verifying or ensuring the accuracy of the information provided by awarding authorities, and shall have no liability in any respect with regard to such lists. (Amended by Stats. 2023, Ch. 465, Sec. 1. (AB 1121) Effective January 1, 2024.)
  71. 1771.15.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Wages [1770 - 1785] ( Article 2 enacted by Stats. 1937, Ch. 90. )

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    Contractors and subcontractors on covered public works must be currently registered, and unregistered work can trigger bid rejection, stop orders, civil penalties, or misdemeanor liability.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Wages [1770 - 1785] ( Article 2 enacted by Stats. 1937, Ch. 90. ) ## 1771.15. (a) A contractor or subcontractor shall not be qualified to be awarded contracts for, or engage in the performance of, any work on projects or developments subject to the requirements of Section 65852.24, 65912.130, 65912.131, 65913.4, or 65913.16 of the Government Code or any work on projects or developments where a statute or regulation requires registration pursuant to Section 1725.6, unless currently registered and qualified to perform work pursuant to Section 1725.6. (b) Notice of the requirement described in subdivision (a) shall be included in all bid invitations and contracts for any work on projects or developments subject to the requirements of Section 65852.24, 65912.130, 65912.131, 65913.4, or 65913.16 of the Government Code or for any work on projects or developments where a statute or regulation requires registration pursuant to Section 1725.6, and a bid shall not be accepted nor any contract or subcontract entered into without proof of the contractor or subcontractor’s current registration to perform work pursuant to Section 1725.6. (c) The department shall maintain on its internet website a list of contractors who are currently registered to perform work pursuant to Section 1725.6. (d) A contract entered into with any contractor or subcontractor in violation of subdivision (a) shall be subject to cancellation, provided that a contract for work on projects or developments subject to the requirements of Section 65852.24, 65912.130, 65912.131, 65913.4, or 65913.16 of the Government Code or a contract for work on projects or developments where a statute or regulation requires registration pursuant to Section 1725.6 shall not be unlawful, void, or voidable solely due to the failure of the developer, development proponent, contractor, or any subcontractor to comply with the requirements of Section 1725.6 or this section. (e) If the Labor Commissioner or their designee determines that a contractor or subcontractor engaged in the performance of any a contract for work on projects or developments subject to the requirements of Section 65852.24, 65912.130, 65912.131, 65913.4, or 65913.16 of the Government Code or any work on projects or developments where a statute or regulation requires registration pursuant to Section 1725.6 without having been registered in accordance with Section 1725.6, the contractor or subcontractor shall forfeit, as a civil penalty to the state, one hundred dollars ($100) for each day of work performed in violation of the registration requirement, not to exceed an aggregate penalty of eight thousand dollars ($8,000) in addition to any penalty registration fee assessed pursuant to clause (ii) of subparagraph (E) of paragraph (2) of subdivision (a) of Section 1725.6. (f) (1) In addition to, or in lieu of, any other penalty or sanction authorized pursuant to this chapter, a higher tiered contractor or subcontractor who is found to have entered into a subcontract with an unregistered lower tier subcontractor to perform any work in violation of the requirements of Section 1725.6 or this section shall be subject to forfeiture, as a civil penalty to the state, of one hundred dollars ($100) for each day the unregistered lower tier subcontractor performs work in violation of the registration requirement, not to exceed an aggregate penalty of ten thousand dollars ($10,000). (2) The Labor Commissioner shall use the same standards specified in subparagraph (A) of paragraph (2) of subdivision (a) of Section 1775 when determining the severity of the violation and what penalty to assess, and may waive the penalty for a first time violation that was unintentional and did not hinder the Labor Commissioner’s ability to monitor and enforce compliance with the requirements of this chapter and of the requirements of Section 65852.24, 65912.130, 65912.131, 65913.4, or 65913.16 of the Government Code and the statutes that require registration pursuant to Section 1725.6 and include prevailing wage or skilled and trained workforce requirements. (3) A higher tiered contractor or subcontractor shall not be liable for penalties assessed pursuant to paragraph (1) if the lower tier subcontractor’s performance is in violation of the requirements of Section 1725.6 due to the revocation of a previously approved registration. (4) A subcontractor shall not be liable for any penalties assessed against a higher tiered contractor or subcontractor pursuant to paragraph (1). A higher tiered contractor or subcontractor may not require a lower tiered subcontractor to indemnify or otherwise be liable for any penalties pursuant to paragraph (1). (g) The Labor Commissioner or their designee shall issue a civil wage and penalty assessment, in accordance with the provisions of Section 1741, upon determination of penalties pursuant to subdivision (e) and paragraph (1) of subdivision (f). Review of a civil wage and penalty assessment issued under this subdivision may be requested in accordance with the provisions of Section 1742. The regulations of the Director of Industrial Relations, which govern proceedings for review of civil wage and penalty assessments and the withholding of contract payments under Article 1 (commencing with Section 1720) and Article 2 (commencing with Section 1770), shall apply. (h) (1) Where a contractor or subcontractor engages in the performance of any contract for work on projects or developments subject to the requirements of Section 65852.24, 65912.130, 65912.131, 65913.4, or 65913.16 of the Government Code or any contract for work on projects or developments where a statute or regulation requires registration pursuant to Section 1725.6 without having been registered in violation of the requirements of Section 1725.6 or this section, the Labor Commissioner shall issue and serve a stop order prohibiting the use of the unregistered contractor or the unregistered subcontractor on the project or development until the unregistered contractor or unregistered subcontractor is registered. The stop order shall not apply to work by registered contractors or subcontractors on the project or development. (2) A stop order may be personally served upon the contractor or subcontractor by either of the following methods: (A) Manual delivery of the order to the contractor or subcontractor personally. (B) Leaving signed copies of the order with the person who is apparently in charge at the site of the project or development and by thereafter mailing copies of the order by first class mail, postage prepaid to the contractor or subcontractor at one of the following: (i) The address of the contractor or subcontractor on file with either the Secretary of State or the Contractors State License Board. (ii) If the contractor or subcontractor has no address on file with the Secretary of State or the Contractors State License Board, the address of the site of the project or development. (3) The stop order shall be effective immediately upon service and shall be subject to appeal by the party contracting with the unregistered contractor or subcontractor, by the unregistered contractor or subcontractor, or both. The appeal, hearing, and any further review of the hearing decision shall be governed by the procedures, time limits, and other requirements specified in subdivision (a) of Section 238.1. (4) Any employee of an unregistered contractor or subcontractor who is affected by a work stoppage ordered by the commissioner pursuant to this subdivision shall be paid at their regular hourly prevailing wage rate by that employer for any hours the employee would have worked but for the work stoppage, not to exceed 10 days. (i) Failure of a contractor or subcontractor, owner, director, officer, or managing agent of the contractor or subcontractor to observe a stop order issued and served upon them pursuant to this subdivision is guilty of a misdemeanor punishable by imprisonment in county jail not exceeding 60 days, by a fine not exceeding ten thousand dollars ($10,000), or both. (j) Penalties received pursuant to this section shall be deposited in the State Public Works Enforcement Fund established by Section 1771.3 and shall be used only for the purposes specified in that section. (Amended by Stats. 2024, Ch. 52, Sec. 25. (AB 171) Effective July 2, 2024.)
  72. 1771.2.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Wages [1770 - 1785] ( Article 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    A joint labor-management committee may sue an employer for unpaid prevailing wages or missing payroll records, but the case must be filed within 18 months of the stated trigger dates.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Wages [1770 - 1785] ( Article 2 enacted by Stats. 1937, Ch. 90. ) ## 1771.2. (a) A joint labor-management committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a) may bring an action in any court of competent jurisdiction against an employer that fails to pay the prevailing wage to its employees, as required by this article, or that fails to provide payroll records as required by Section 1776. This action shall be commenced not later than 18 months after the filing of a valid notice of completion in the office of the county recorder in each county in which the public work or some part thereof was performed, or not later than 18 months after acceptance of the public work, whichever occurs last. (b) (1) In an action brought pursuant to this section, the court shall award restitution to an employee for unpaid wages, plus interest, under Section 3289 of the Civil Code from the date that the wages became due and payable, and liquidated damages equal to the amount of unpaid wages owed, and may impose civil penalties, only against an employer that failed to pay the prevailing wage to its employees, in accordance with Section 1775, injunctive relief, or any other appropriate form of equitable relief. The court shall follow the same standards and have the same discretion in setting the amount of penalties as are provided by subdivision (a) of Section 1775. The court shall award a prevailing joint labor-management committee its reasonable attorney’s fees and costs incurred in maintaining the action, including expert witness fees. (2) An action pursuant to this section shall not be based on the employer’s misclassification of the craft of a worker in its certified payroll records. (3) Liquidated damages shall be awarded only if the complaint alleges with specificity the wages due and unpaid to the individual workers, including how that amount was calculated, and the defendant fails to pay the wages, deposit that amount with the court to be held in escrow, or provide proof to the court of an adequate surety bond to cover the wages, within 60 days of service of the complaint. Liquidated damages shall be awarded only on the wages found to be due and unpaid. Additionally, if the defendant demonstrates to the satisfaction of the court that the defendant had substantial grounds for contesting that a portion of the allegedly unpaid wages were owed, the court may exercise its discretion to waive the payment of the liquidated damages with respect to that portion of the unpaid wages. (4) This subdivision does not limit any other available remedies for a violation of this chapter. (Amended by Stats. 2018, Ch. 682, Sec. 1. (AB 3231) Effective January 1, 2019.)
  73. 1771.3.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Wages [1770 - 1785] ( Article 2 enacted by Stats. 1937, Ch. 90. )

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    This section creates the State Public Works Enforcement Fund and limits how its money may be used.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Wages [1770 - 1785] ( Article 2 enacted by Stats. 1937, Ch. 90. ) ## 1771.3. (a) The State Public Works Enforcement Fund is hereby created as a special fund in the State Treasury to be available upon appropriation of the Legislature. All registration fees collected pursuant to Sections 1725.5 and 1725.6 and any other moneys as are designated by statute or order shall be deposited in the fund for the purposes specified in subdivision (b). (b) Moneys in the State Public Works Enforcement Fund shall be used only for the following purposes: (1) The reasonable costs of administering the registration of contractors and subcontractors to perform public work pursuant to Section 1725.5 and the reasonable costs of administering the registration of contractors and subcontractors to perform work on projects or developments subject to prevailing wage or skilled and trained workforce requirements pursuant to Section 1725.6. (2) The costs and obligations associated with the administration and enforcement of the requirements of this chapter by the Department of Industrial Relations. (3) The monitoring and enforcement of any requirement of this code by the Labor Commissioner on a public works project or in connection with the performance of public work as defined pursuant to this chapter, or in connection with the performance of work on projects or developments subject to prevailing wage or skilled and trained workforce requirements. (c) The annual contractor registration renewal fee specified in subdivision (a) of Section 1725.5 and subdivision (a) of Section 1725.6, and any adjusted application or renewal fee, shall be set in amounts that are sufficient to support appropriations approved by the Legislature for the State Public Works Enforcement Fund, the statewide general administrative costs assessed to the State Public Works Enforcement Fund, and a prudent reserve amount of no less than 10 percent and no more than 20 percent of authorized expenditure levels. Any year-end fund balance in excess of the prudent reserve shall be applied as a credit when determining any fee adjustments for the subsequent fiscal year. (d) To provide adequate cashflow for the purposes specified in subdivision (b), the Director of Finance, with the concurrence of the Secretary of the Labor and Workforce Development Agency, may approve a short-term loan each fiscal year from the Labor Enforcement and Compliance Fund to the State Public Works Enforcement Fund. (1) The maximum amount of the annual loan allowable may be up to, but shall not exceed 50 percent of the appropriation authority of the State Public Works Enforcement Fund in the same year in which the loan was made. (2) For the purposes of this section, a “short-term loan” is a transfer that is made subject to both of the following conditions: (A) Any amount loaned is to be repaid in full during the same fiscal year in which the loan was made, except that repayment may be delayed until a date not more than 30 days after the date of enactment of the annual Budget Act for the subsequent fiscal year. (B) Loans shall be repaid whenever the funds are needed to meet cash expenditure needs in the loaning fund or account. (Amended by Stats. 2023, Ch. 39, Sec. 28. (AB 130) Effective July 10, 2023.)
  74. 1771.4.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Wages [1770 - 1785] ( Article 2 enacted by Stats. 1937, Ch. 90. )

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    This section requires public works project notices, monthly electronic record submissions to the Labor Commissioner, and retention of certain records, and it lets the Labor Commissioner exempt some projects.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Wages [1770 - 1785] ( Article 2 enacted by Stats. 1937, Ch. 90. ) ## 1771.4. (a) All of the following are applicable to all public works projects that are otherwise subject to the requirements of this chapter: (1) The call for bids and contract documents shall specify that the project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. (2) The awarding body shall post or require the prime contractor to post job site notices, as prescribed by regulation. (3) (A) Each contractor and subcontractor shall furnish the records specified in Section 1776 directly to the Labor Commissioner, in the following manner: (i) At least monthly or more frequently if specified in the contract with the awarding body. For purposes of this clause, “monthly” means that a submission of records shall be made at least once every 30 days while work is being performed on the project and within 30 days after the final day of work performed on the project. (ii) In an electronic format, in the manner prescribed by the Labor Commissioner, on the department’s internet website. (B) A contractor or subcontractor who fails to furnish records pursuant to subparagraph (A), relating to its employees, shall be subject to a penalty by the Labor Commissioner of one hundred dollars ($100) per each day in which the party was in violation of subparagraph (A), not to exceed a total penalty of five thousand dollars ($5,000) per project. Penalties received pursuant to this paragraph shall be deposited in the State Public Works Enforcement Fund established by Section 1771.3 and shall be used only for the purposes specified in that section. (C) The Labor Commissioner shall not levy a penalty pursuant to subparagraph (B) until a contractor or subcontractor fails to furnish the records pursuant to subparagraph (A) 14 days after the requirement set forth in clause (i) of subparagraph (A). (D) Penalties pursuant to subparagraph (B) may only accrue to the actual contractor or subcontractor who failed to furnish the records pursuant to subparagraph (A). (4) If the contractor or subcontractor is not registered pursuant to Section 1725.5 and is performing work on a project for which registration is not required because of subdivision (f) of Section 1725.5, the unregistered contractor or subcontractor is not required to furnish the records specified in Section 1776 directly to the Labor Commissioner but shall retain the records specified in Section 1776 for at least three years after completion of the work. (5) The department shall undertake those activities it deems necessary to monitor and enforce compliance with prevailing wage requirements. (b) The Labor Commissioner may exempt a public works project from compliance with all or part of the requirements of subdivision (a) if either of the following occurs: (1) The awarding body has enforced an approved labor compliance program, as defined in Section 1771.5, on all public works projects under its authority, except those deemed exempt pursuant to subdivision (a) of Section 1771.5, continuously since December 31, 2011. (2) The awarding body has entered into a collective bargaining agreement that binds all contractors performing work on the project and that includes a mechanism for resolving disputes about the payment of wages. (c) The requirements of paragraph (1) of subdivision (a) shall only apply to contracts for public works projects awarded on or after January 1, 2015. (d) The requirements of paragraph (3) of subdivision (a) shall apply to all contracts for public work, whether new or ongoing, on or after January 1, 2016. (e) (1) No later than July 1, 2024, the department shall develop and implement an online database of electronic certified payroll records submitted pursuant to this section. (2) The online database created pursuant to paragraph (1) shall only be accessible to multiemployer Taft-Hartley trust funds (29 U.S.C. Sec. 186(c)) and joint labor-management committees established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a). (3) Electronic certified payroll records included in the online database created pursuant to paragraph (1) shall only contain nonredacted information pursuant to subdivision (e) of Section 1776 that may be provided to multiemployer Taft-Hartley trust funds (29 U.S.C. Sec. 186(c)) and joint labor-management committees established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a) under applicable law. (Amended by Stats. 2023, Ch. 131, Sec. 139. (AB 1754) Effective January 1, 2024.)
  75. 1771.5.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Wages [1770 - 1785] ( Article 2 enacted by Stats. 1937, Ch. 90. )

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    An awarding body may waive prevailing wage requirements for certain small public works projects if it has an approved labor compliance program; contractors and the awarding body must follow specified payroll and monitoring rules.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Wages [1770 - 1785] ( Article 2 enacted by Stats. 1937, Ch. 90. ) ## 1771.5. (a) Notwithstanding Section 1771, an awarding body may choose not to require the payment of the general prevailing rate of per diem wages or the general prevailing rate of per diem wages for holiday and overtime work for any public works project of twenty-five thousand dollars ($25,000) or less when the project is for construction work, or for any public works project of fifteen thousand dollars ($15,000) or less when the project is for alteration, demolition, repair, or maintenance work, if the awarding body has elected to initiate and has been approved by the Director of Industrial Relations to enforce a labor compliance program pursuant to subdivision (b) for every public works project under the authority of the awarding body. (b) For purposes of this section, a labor compliance program shall include, but not be limited to, the following requirements: (1) All bid invitations and public works contracts shall contain appropriate language concerning the requirements of this chapter. (2) A prejob conference shall be conducted with the contractor and subcontractors to discuss federal and state labor law requirements applicable to the contract. (3) Project contractors and subcontractors shall maintain and furnish, at a designated time, a certified copy of each weekly payroll containing a statement of compliance signed under penalty of perjury. (4) The awarding body shall review, and, if appropriate, audit payroll records to verify compliance with this chapter. (5) The awarding body shall withhold contract payments when payroll records are delinquent or inadequate. (6) The awarding body shall withhold contract payments equal to the amount of underpayment and applicable penalties when, after investigation, it is established that underpayment has occurred. (7) The awarding body shall comply with any other prevailing wage monitoring and enforcement activities that are required to be conducted by labor compliance programs by the Department of Industrial Relations. (c) For purposes of this chapter, “labor compliance program” means a labor compliance program that is approved, as specified in state regulations, by the Director of Industrial Relations. (d) For purposes of this chapter, the Director of Industrial Relations may revoke the approval of a labor compliance program in the manner specified in state regulations. (Amended by Stats. 2014, Ch. 28, Sec. 67. (SB 854) Effective June 20, 2014.)
  76. 1771.6.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Wages [1770 - 1785] ( Article 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    An awarding body that withholds contract payments must give written notice to the contractor and, if applicable, the subcontractor, explain the violation and amounts withheld, and send notices to known bonding companies and sureties.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Wages [1770 - 1785] ( Article 2 enacted by Stats. 1937, Ch. 90. ) ## 1771.6. (a) Any awarding body that enforces this chapter in accordance with Section 1726 or 1771.5 shall provide notice of the withholding of contract payments to the contractor and subcontractor, if applicable. The notice shall be in writing and shall describe the nature of the violation and the amount of wages, penalties, and forfeitures withheld. Service of the notice shall be completed pursuant to Section 1013 of the Code of Civil Procedure by first-class and certified mail to the contractor and subcontractor, if applicable. The notice shall advise the contractor and subcontractor, if applicable, of the procedure for obtaining review of the withholding of contract payments. The awarding body shall also serve a copy of the notice by certified mail to any bonding company issuing a bond that secures the payment of wages covered by the notice and to any surety on a bond, if their identities are known to the awarding body. (b) The withholding of contract payments in accordance with Section 1726 or 1771.5 shall be reviewable under Section 1742 in the same manner as if the notice of the withholding was a civil penalty order of the Labor Commissioner under this chapter. If review is requested, the Labor Commissioner may intervene to represent the awarding body. (c) Pending a final order, or the expiration of the time period for seeking review of the notice of the withholding, the awarding body shall not disburse any contract payments withheld. (d) From the amount recovered, the wage claim shall be satisfied prior to the amount being applied to penalties. If insufficient money is recovered to pay each worker in full, the money shall be prorated among all workers. (e) Wages for workers who cannot be located shall be placed in the Industrial Relations Unpaid Wage Fund and held in trust for the workers pursuant to Section 96.7. Penalties shall be paid into the General Fund of the awarding body that has enforced this chapter pursuant to Section 1771.5. (Repealed and added by Stats. 2000, Ch. 954, Sec. 16. Effective January 1, 2001. Operative July 1, 2001, by Sec. 21 of Ch. 954.)
  77. 1771.7.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Wages [1770 - 1785] ( Article 2 enacted by Stats. 1937, Ch. 90. )

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    Certain public works projects funded with specified education bond funds must use a labor compliance program, and related payroll records and findings must be handled and reviewed as specified.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Wages [1770 - 1785] ( Article 2 enacted by Stats. 1937, Ch. 90. ) ## 1771.7. (a) (1) For contracts specified in subdivision (f), an awarding body that chooses to use funds derived from either the Kindergarten-University Public Education Facilities Bond Act of 2002 or the Kindergarten-University Public Education Facilities Bond Act of 2004 for a public works project, shall initiate and enforce, or contract with a third party to initiate and enforce, a labor compliance program, as described in subdivision (b) of Section 1771.5, with respect to that public works project. (2) If an awarding body described in paragraph (1) chooses to contract with a third party to initiate and enforce a labor compliance program for a project described in paragraph (1), that third party shall not review the payroll records of its own employees or the employees of its subcontractors, and the awarding body or an independent third party shall review these payroll records for purposes of the labor compliance program. (b) This section applies to public works that commence on or after April 1, 2003. For purposes of this subdivision, work performed during the design and preconstruction phases of construction, including, but not limited to, inspection and land surveying work, does not constitute the commencement of a public work. (c) (1) For purposes of this section, if any campus of the California State University chooses to use the funds described in subdivision (a), then the “awarding body” is the Chancellor of the California State University. For purposes of this subdivision, if the chancellor is required by subdivision (a) to initiate and enforce, or to contract with a third party to initiate and enforce, a labor compliance program, then in addition to the requirements described in subdivision (b) of Section 1771.5, the Chancellor of the California State University shall review the payroll records on at least a monthly basis to ensure the awarding body’s compliance with the labor compliance program. (2) For purposes of this subdivision, if an awarding body described in subdivision (a) is the University of California or any campus of that university, and that awarding body is required by subdivision (a) to initiate and enforce, or to contract with a third party to initiate and enforce, a labor compliance program, then in addition to the requirements described in subdivision (b) of Section 1771.5, the payroll records shall be reviewed on at least a monthly basis to ensure the awarding body’s compliance with the labor compliance program. (d) (1) An awarding body described in subdivision (a) shall make a written finding that the awarding body has initiated and enforced, or has contracted with a third party to initiate and enforce, the labor compliance program described in subdivision (a). (2) (A) If an awarding body described in subdivision (a) is a school district, the governing body of that district shall transmit to the State Allocation Board, in the manner determined by that board, a copy of the finding described in paragraph (1). (B) The State Allocation Board shall not release the funds described in subdivision (a) to an awarding body that is a school district until the State Allocation Board has received the written finding described in paragraph (1). (C) If the State Allocation Board conducts a postaward audit procedure with respect to an award of the funds described in subdivision (a) to an awarding body that is a school district, the State Allocation Board shall verify, in the manner determined by that board, that the school district has complied with the requirements of this subdivision. (3) If an awarding body described in subdivision (a) is a community college district, the Chancellor of the California State University, or the office of the President of the University of California or any campus of the University of California, that awarding body shall transmit, in the manner determined by the Director of Industrial Relations, a copy of the finding described in paragraph (1) to the director of that department, or the director of any successor agency that is responsible for the oversight of employee wage and employee work hours laws. (e) Because the reasonable costs directly related to monitoring and enforcing compliance with the prevailing wage requirements are necessary oversight activities, integral to the cost of construction of the public works projects, notwithstanding Section 17070.63 of the Education Code, the grant amounts as described in Chapter 12.5 (commencing with Section 17070.10) of Part 10 of Division 1 of Title 1 of the Education Code for the costs of a new construction or modernization project shall include the state’s share of the reasonable and directly related costs of the labor compliance program used to monitor and enforce compliance with prevailing wage requirements. (f) This section shall only apply to contracts awarded prior to January 1, 2012. (Amended by Stats. 2014, Ch. 28, Sec. 68. (SB 854) Effective June 20, 2014.)
  78. 1771.8.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Wages [1770 - 1785] ( Article 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    A private labor compliance entity with a conflict of interest may not provide labor compliance services for an awarding body, and it must disclose potential conflicts before a public works contract is entered.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Wages [1770 - 1785] ( Article 2 enacted by Stats. 1937, Ch. 90. ) ## 1771.8. (a) For the purposes of this section, the following terms have the following meanings: (1) A “private labor compliance entity” is defined as a third-party company that is hired by an awarding body to perform labor compliance and enforcement activities on public works projects on its behalf. (2) A “conflict of interest” is a situation in which a private labor compliance entity performs labor compliance work under contract for both an awarding body, and a contractor who is bidding a public works project for the same awarding body. (b) (1) A private labor compliance entity shall be prohibited from providing labor compliance and enforcement activities on behalf of an awarding body if it has a conflict of interest. (2) Prior to an awarding body entering a contract for a public works project, a private labor compliance entity shall disclose a potential conflict of interest to the awarding body. If no conflict exists, a private labor compliance entity shall submit to the awarding body a signed declaration under penalty of perjury verifying that it has no conflicts of interest. (c) A private labor compliance entity, prior to withholding funds from a public works contractor for an alleged violation, including, but not limited to, worker classification, scope of work, travel and subsistence apprenticeship standards, shall do the following: (1) Confer with the negotiating parties of the applicable agreements to review relevant public works law. (2) Not withhold an amount that exceeds the alleged underpayments and penalty assessments. (d) A private labor compliance entity seeking to withhold funds from a public works contractor or subcontractor on behalf of an awarding body pursuant to Sections 1726 and 1771.6 shall, within 20 days of a written request for review by the contractor or subcontractor, provide a venue for a public works contractor or subcontractor to review and respond to evidence of alleged violations. (e) A violation of this section shall make a contract between a private labor compliance entity and an awarding body null and void, and the private labor compliance entity would be subject to a penalty by the awarding body of not less than one thousand dollars ($1,000), including reasonable attorney’s fees, subject matter expert costs, and expenses. (f) In the event of a violation of this section, an aggrieved party, including a joint labor-management committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175(a)), shall have the right to initiate a private right of action. The private right of action may only be filed against a private labor compliance entity as defined in subdivision (a), an awarding body, or an awarding body’s agent. The court shall award reasonable attorney’s fees and costs incurred in maintaining the action, including expert witness fees to a prevailing plaintiff. (g) In addition, the provisions of this section may be enforced by a public prosecutor as defined in Section 180. (h) This section does not apply to the following awarding bodies operating labor compliance programs approved and monitored by the Department of Industrial Relations pursuant to Section 1771.5: (1) The Department of Transportation. (2) The City of Los Angeles. (3) The Los Angeles Unified School District. (4) The County of Sacramento. (Added by Stats. 2024, Ch. 991, Sec. 1. (SB 1303) Effective January 1, 2025.)
  79. 1772.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Wages [1770 - 1785] ( Article 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    Workers employed by contractors or subcontractors on a public work contract are treated as being employed on public work.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Wages [1770 - 1785] ( Article 2 enacted by Stats. 1937, Ch. 90. ) ## 1772. Workers employed by contractors or subcontractors in the execution of any contract for public work are deemed to be employed upon public work. (Amended by Stats. 1992, Ch. 1342, Sec. 7. Effective January 1, 1993.)
  80. 1773.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Wages [1770 - 1785] ( Article 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    Public works awarding bodies must get prevailing wage rates from the Director of Industrial Relations, and the Director must consider specified wage data when setting those rates.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Wages [1770 - 1785] ( Article 2 enacted by Stats. 1937, Ch. 90. ) ## 1773. The body awarding any contract for public work, or otherwise undertaking any public work, shall obtain the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality in which the public work is to be performed for each craft, classification, or type of worker needed to execute the contract from the Director of Industrial Relations. The holidays upon which those rates shall be paid need not be specified by the awarding body, but shall be all holidays recognized in the applicable collective bargaining agreement. If the prevailing rate is not based on a collectively bargained rate, the holidays upon which the prevailing rate shall be paid shall be as provided in Section 6700 of the Government Code. In determining the rates, the Director of Industrial Relations shall ascertain and consider the applicable wage rates established by collective bargaining agreements and the rates that may have been predetermined for federal public works, within the locality and in the nearest labor market area. Where the rates do not constitute the rates actually prevailing in the locality, the director shall obtain and consider further data from the labor organizations and employers or employer associations concerned, including the recognized collective bargaining representatives for the particular craft, classification, or type of work involved. The rate fixed for each craft, classification, or type of work shall be not less than the prevailing rate paid in the craft, classification, or type of work. If the director determines that the rate of prevailing wage for any craft, classification, or type of worker is the rate established by a collective bargaining agreement, the director may adopt that rate by reference as provided for in the collective bargaining agreement and that determination shall be effective for the life of the agreement or until the director determines that another rate should be adopted. (Amended by Stats. 1999, Ch. 30, Sec. 1. Effective January 1, 2000.)
  81. 1773.1.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Wages [1770 - 1785] ( Article 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    This section defines what counts as per diem wages for public works and sets filing, credit, and recordkeeping rules for employer payments.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Wages [1770 - 1785] ( Article 2 enacted by Stats. 1937, Ch. 90. ) ## 1773.1. (a) Per diem wages, as the term is used in this chapter or in any other statute applicable to public works, includes employer payments for the following: (1) Health and welfare. (2) Pension. (3) Vacation. (4) Travel. (5) Subsistence. (6) Apprenticeship or other training programs authorized by Section 3093, to the extent that the cost of training is reasonably related to the amount of the contributions. (7) Worker protection and assistance programs or committees established under the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a), to the extent that the activities of the programs or committees are directed to the monitoring and enforcement of laws related to public works. (8) Industry advancement and collective bargaining agreements administrative fees, provided that these payments are made pursuant to a collective bargaining agreement to which the employer is obligated. (9) Other purposes similar to those specified in paragraphs (1) to (5), inclusive; or other purposes similar to those specified in paragraphs (6) to (8), inclusive, if the payments are made pursuant to a collective bargaining agreement to which the employer is obligated. (b) Employer payments include all of the following: (1) The rate of contribution irrevocably made by the employer to a trustee or third person pursuant to a plan, fund, or program. (2) The rate of actual costs to the employer reasonably anticipated in providing benefits to workers pursuant to an enforceable commitment to carry out a financially responsible plan or program communicated in writing to the workers affected. (3) Payments to the California Apprenticeship Council pursuant to Section 1777.5. (c) Employer payments are a credit against the obligation to pay the general prevailing rate of per diem wages. However, credit shall not be granted for benefits required to be provided by other state or federal law, for payments made to monitor and enforce laws related to public works if those payments are not made to a program or committee established under the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a), or for payments for industry advancement and collective bargaining agreement administrative fees if those payments are not made pursuant to a collective bargaining agreement to which the employer is obligated. Credits for employer payments also shall not reduce the obligation to pay the hourly straight time or overtime wages found to be prevailing. However, an increased employer payment contribution that results in a lower hourly straight time or overtime wage shall not be considered a violation of the applicable prevailing wage determination if all of the following conditions are met: (1) The increased employer payment is made pursuant to criteria set forth in a collective bargaining agreement. (2) The basic hourly rate and increased employer payment are no less than the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the director’s general prevailing wage determination. (3) The employer payment contribution is irrevocable unless made in error. (d) An employer may take credit for an employer payment specified in subdivision (b), even if contributions are not made, or costs are not paid, during the same pay period for which credit is taken, if the employer regularly makes the contributions, or regularly pays the costs, for the plan, fund, or program on no less than a quarterly basis. (e) (1) The credit for employer payments shall be computed on an annualized basis when the employer seeks credit for employer payments that are higher for public works projects than for private construction performed by the same employer, unless one or more of the following circumstances exist: (A) The employer has an enforceable obligation to make the higher rate of payments on future private construction performed by the employer. (B) The higher rate of payments is required by a project labor agreement. (C) The payments are made to the California Apprenticeship Council pursuant to Section 1777.5. (2) Paragraph (1) shall apply to all employer payments not made directly to the worker, regardless of whether any contributions are made or benefits are provided with respect to private construction, with the exception of contributions to defined contribution pension plans that provide for both immediate participation and essentially immediate vesting. An employer may take full credit for the hourly amounts contributed to those defined contribution pension plans for public works projects even if the employer contributes at a lower rate or does not make contributions to private construction. For purposes of this section, “essentially immediate vesting” means the benefit vests within the first 500 hours worked. (3) The employer shall have the burden of demonstrating that the credit for employer payments was properly calculated pursuant to this subdivision. The employer shall, upon the request of the Labor Commissioner, produce records of employee hours and employer payments on private construction sufficient for the Labor Commissioner to verify that the credit for employer payments was properly calculated on an annualized basis pursuant to this subdivision. The Labor Commissioner may deny the employer credit for the employer payments if those records are not produced. (f) Any exemptions to the annualization requirements of subdivision (e) issued by the director prior to January 1, 2026, are revoked. (g) (1) For the purpose of determining those per diem wages for contracts, the representative of any craft, classification, or type of worker needed to execute contracts shall file with the Department of Industrial Relations fully executed copies of the collective bargaining agreements for the particular craft, classification, or type of work involved. The collective bargaining agreements shall be filed after their execution and thereafter may be taken into consideration pursuant to Section 1773 whenever they are filed 30 days prior to the call for bids. If the collective bargaining agreement has not been formalized, a typescript of the final draft may be filed temporarily, accompanied by a statement under penalty of perjury as to its effective date. (2) When a copy of the collective bargaining agreement has previously been filed, fully executed copies of all modifications and extensions of the agreement that affect per diem wages or holidays shall be filed. (3) The failure to comply with filing requirements of this subdivision shall not be grounds for setting aside a prevailing wage determination if the information taken into consideration is correct. (Amended by Stats. 2025, Ch. 626, Sec. 2. (AB 889) Effective January 1, 2026.)
  82. 1773.11.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Wages [1770 - 1785] ( Article 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    If a state or political subdivision contracts with a private entity for work under prevailing wage terms, the director must determine the needed wage rates and provide them to the requester. The section does not apply to public work contracts.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Wages [1770 - 1785] ( Article 2 enacted by Stats. 1937, Ch. 90. ) ## 1773.11. (a) Notwithstanding any other provision of law and except as otherwise provided by this section, if the state or a political subdivision thereof agrees by contract with a private entity that the private entity’s employees receive, in performing that contract, the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work, the director shall, upon a request by the state or the political subdivision, do both of the following: (1) Determine, as otherwise provided by law, the wage rates for each craft, classification, or type of worker that are needed to execute the contract. (2) Provide these wage rates to the state or political subdivision that requests them. (b) This section does not apply to a contract for a public work, as defined in this chapter. (c) The director shall determine and provide the wage rates described in this section in the order in which the requests for these wage rates were received and regardless of the calendar year in which they were received. If there are more than 20 pending requests in a calendar year, the director shall respond only to the first 20 requests in the order in which they were received. If the director determines that funding is available in any calendar year to determine and provide these wage rates in response to more than 20 requests, the director shall respond to these requests in a manner consistent with this subdivision. (Added by Stats. 2003, Ch. 343, Sec. 1. Effective January 1, 2004.)
  83. 1773.2.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Wages [1770 - 1785] ( Article 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    A public-works awarding body must state the general per diem wage rate in bid and contract documents, or use an on-file wage notice instead, and must post the wage determination at each job site.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Wages [1770 - 1785] ( Article 2 enacted by Stats. 1937, Ch. 90. ) ## 1773.2. The body awarding any contract for public work, or otherwise undertaking any public work, shall specify in the call for bids for the contract, and in the bid specifications and in the contract itself, what the general rate of per diem wages is for each craft, classification, or type of worker needed to execute the contract. In lieu of specifying the rate of wages in the call for bids, and in the bid specifications and in the contract itself, the awarding body may, in the call for bids, bid specifications, and contract, include a statement that copies of the prevailing rate of per diem wages are on file at its principal office, which shall be made available to any interested party on request. The awarding body shall also cause a copy of the determination of the director of the prevailing rate of per diem wages to be posted at each job site. (Amended by Stats. 1992, Ch. 1342, Sec. 8. Effective January 1, 1993.)
  84. 1773.3.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Wages [1770 - 1785] ( Article 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    An awarding body must notify the Department of Industrial Relations about covered public works contracts, provide specified contract details electronically, and withhold final payment until required information is submitted.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Wages [1770 - 1785] ( Article 2 enacted by Stats. 1937, Ch. 90. ) ## 1773.3. (a) (1) An awarding body shall provide notice to the Department of Industrial Relations of any public works contract subject to the requirements of this chapter, within 30 days of the award, but in no event later than the first day in which a contractor has workers employed upon the public work. (2) Notwithstanding paragraph (1) and subject to the discretion of the Labor Commissioner, an awarding body shall provide notice to the Department of Industrial Relations of any public works contract awarded pursuant to Section 10122, 20113, 20654, or 22050 of the Public Contract Code that is subject to the requirements of this chapter within 30 days after the award of the contract, but in no event later than the last day in which a contractor has workers employed upon the public work. (3) The notice shall be transmitted electronically in a format specified by the department and shall include the name and registration number issued by the Department of Industrial Relations pursuant to Section 1725.5 of the contractor, the name and registration number issued by the Department of Industrial Relations pursuant to Section 1725.5 of any subcontractor listed on the successful bid, the bid and contract award dates, the contract amount, the estimated start and completion dates, jobsite location, and any additional information the department specifies that aids in the administration and enforcement of this chapter. (b) In lieu of responding to any specific request for contract award information, the department may make the information provided by awarding bodies pursuant to this section available for public review on its Internet Web site. (c) (1) An awarding body that fails to provide the notice required by subdivision (a) or that enters into a contract with or permits an unregistered contractor or subcontractor to engage in the performance of any public work in violation of the requirements of Section 1771.1, shall, in addition to any other sanction or penalty authorized by law, be subject to a civil penalty of one hundred dollars ($100) for each day in violation of either requirement, not to exceed an aggregate penalty of ten thousand dollars ($10,000) for each project. (2) The Labor Commissioner shall use the same standards specified in subparagraph (A) of paragraph (2) of subdivision (a) of Section 1775 when determining the severity of the violation and what penalty to assess, and may waive the penalty for a first time violation that was unintentional and did not hinder the Labor Commissioner’s ability to monitor and enforce compliance with the requirements of this chapter. (d) An awarding body shall withhold final payment due to the contractor until at least 30 days after all of the required information in paragraph (2) of subdivision (a) has been submitted, including, but not limited to, providing a complete list of all subcontractors. If an awarding body makes a final payment to a contractor after that time and an unregistered contractor or subcontractor is found to have worked on the project, the awarding body shall be subject to a civil penalty assessed by the Labor Commissioner of one hundred dollars ($100) for each full calendar day of noncompliance, for a period of up to 100 days, for each unregistered contractor or subcontractor. (e) The Labor Commissioner may issue a citation for civil penalties to the awarding body pursuant to subdivisions (c) and (d). The citation shall be served pursuant to Section 1013 of the Code of Civil Procedure by first-class and certified mail. (f) The procedure for the processing and appeal of a citation or civil penalty issued by the Labor Commissioner pursuant to this section shall be the same as that prescribed in Section 1023. For these purposes, “person” as used in Section 1023 shall include an awarding body. (g) Whenever the Labor Commissioner determines that an awarding body has willfully violated the requirements of this section or chapter with respect to two or more public works contracts or projects in any 12-month period, the awarding body shall be ineligible to receive state funding or financial assistance for any construction project undertaken by or on behalf of the awarding body for one year, as defined by subdivision (d) of Section 1782. The debarment procedures adopted by the Labor Commissioner pursuant to Section 1777.1 shall apply to any determination made under this subdivision. (h) A contractor or subcontractor shall not be liable for any penalties assessed against an awarding body pursuant to this section. An awarding body may not require a contractor or subcontractor to indemnify or otherwise be liable for any penalties assessed against an awarding body pursuant to this section. (i) Penalties received pursuant to this section shall be deposited in the State Public Works Enforcement Fund established by Section 1771.3 and shall be used only for the purposes specified in that section. (j) This section shall apply only if the public works contract is for a project of greater than twenty-five thousand dollars ($25,000) when the project is for construction, alteration, demolition, installation, or repair work or if the public works contract is for a project of greater than fifteen thousand dollars ($15,000) when the project is for maintenance work. (Amended by Stats. 2018, Ch. 455, Sec. 3. (SB 877) Effective September 17, 2018.)
  85. 1773.35.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Wages [1770 - 1785] ( Article 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    A development proponent must notify the Department of Industrial Relations about certain covered contracts and provide specified contract details, and must delay final payment for at least 30 days after the required information is submitted.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Wages [1770 - 1785] ( Article 2 enacted by Stats. 1937, Ch. 90. ) ## 1773.35. (a) (1) A development proponent shall provide notice to the Department of Industrial Relations of any contract to perform work subject to the requirements of Section 65852.24, 65912.130, 65912.131, 65913.4, or 65913.16 of the Government Code or any contract to perform work where a statute or regulation requires registration pursuant to Section 1725.6 within 30 days of the award, but in no event later than the first day in which a contractor has workers employed upon the project or development. (2) The notice shall be transmitted electronically in a format specified by the department and shall include the name and registration number issued by the Department of Industrial Relations pursuant to Section 1725.6 of the contractor, the name and registration number issued by the Department of Industrial Relations pursuant to Section 1725.6 of any subcontractor listed on the contract, the bid and contract award dates, the estimated start and completion dates, jobsite location, and any additional information the department specifies that aids in the administration and enforcement of the requirements in Section 65852.24, 65912.130, 65912.131, 65913.4, or 65913.16 of the Government Code and the statutes that require registration pursuant to Section 1725.6 and include prevailing wage or skilled and trained workforce requirements. (b) In lieu of responding to any specific request for contract award information, the department may make the information provided by development proponents pursuant to this section available for public review on its internet website. (c) (1) A developer or development proponent that fails to provide the notice required by subdivision (a) or that enters into a contract with or permits an unregistered contractor or subcontractor to engage in the performance of perform work subject to the requirements of Section 65852.24, 65912.130, 65912.131, 65913.4, or 65913.16 of the Government Code or perform work where a statute or regulation requires registration pursuant to Section 1725.6, in violation of the requirements of Section 1725.6, shall, in addition to any other sanction or penalty authorized by law, be subject to a civil penalty of one hundred dollars ($100) for each day in violation of either requirement, not to exceed an aggregate penalty of ten thousand dollars ($10,000) for each project or development. (2) The Labor Commissioner shall use the same standards specified in subparagraph (A) of paragraph (2) of subdivision (a) of Section 1775 when determining the severity of the violation and what penalty to assess, and may waive the penalty for a first time violation that was unintentional and did not hinder the Labor Commissioner’s ability to monitor and enforce compliance with the requirements of this chapter or Section 65852.24, 65912.130, 65912.131, 65913.4, or 65913.16 of the Government Code and the statutes that require registration pursuant to Section 1725.6 and include prevailing wage or skilled and trained workforce requirements. (d) A developer or development proponent shall withhold final payment due to the contractor until at least 30 days after all of the required information in paragraph (2) of subdivision (a) has been submitted, including, but not limited to, providing a complete list of all subcontractors. If a developer or development proponent makes a final payment to a contractor after that time and an unregistered contractor or subcontractor is found to have worked on the project, the developer or development proponent shall be subject to a civil penalty assessed by the Labor Commissioner of one hundred dollars ($100) for each full calendar day of noncompliance, for a period of up to 100 days, for each unregistered contractor or subcontractor. (e) The Labor Commissioner may issue a citation for civil penalties to the developer or development proponent pursuant to subdivisions (c) and (d). The citation shall be served pursuant to Section 1013 of the Code of Civil Procedure by first-class and certified mail. (f) The procedure for the processing and appeal of a citation or civil penalty issued by the Labor Commissioner pursuant to this section shall be the same as that prescribed in Section 1023. For these purposes, “person” as used in Section 1023 shall include a developer or development proponent. (g) A contractor or subcontractor shall not be liable for any penalties assessed against a developer or development proponent pursuant to this section. A developer or development proponent may not require a contractor or subcontractor to indemnify or otherwise be liable for any penalties assessed against a developer or development proponent pursuant to this section. (h) Penalties received pursuant to this section shall be deposited in the State Public Works Enforcement Fund established by Section 1771.3 and shall be used only for the purposes specified in that section. (Amended by Stats. 2024, Ch. 52, Sec. 26. (AB 171) Effective July 2, 2024.)
  86. 1773.4.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Wages [1770 - 1785] ( Article 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    Certain bidders, representatives, and the awarding body may ask the Director of Industrial Relations to review wage-rate determinations within 20 days after bids are advertised.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Wages [1770 - 1785] ( Article 2 enacted by Stats. 1937, Ch. 90. ) ## 1773.4. Any prospective bidder or his representative, any representative of any craft, classification or type of workman involved, or the awarding body may, within 20 days after commencement of advertising of the call for bids by the awarding body, file with the Director of Industrial Relations a verified petition to review the determination of any such rate or rates upon the ground that they have not been determined in accordance with the provision of Section 1773 of this code. Within two days thereafter, a copy of such petition shall be filed with the awarding body. The petition shall set forth the facts upon which it is based. The Director of Industrial Relations or his authorized representative shall, upon notice to the petitioner, the awarding body and such other persons as he deems proper, including the recognized collective bargaining representatives for the particular crafts, classifications or types of work involved, institute an investigation or hold a hearing. Within 20 days after the filing of such petition, or within such longer period as agreed upon by the director, the awarding body, and all the interested parties, he shall make a determination and transmit the same in writing to the awarding body and to the interested parties. Such determination shall be final and shall be the determination of the awarding body. Upon receipt by it of the notice of the filing of such petition the body awarding the contract or authorizing the public work shall extend the closing date for the submission of bids or the starting of work until five days after the determination of the general prevailing rates of per diem wages pursuant to this section. Upon the filing of any such petition, notice thereof shall be set forth in the next and all subsequent publications by the awarding body of the call for bids. No other notice need be given to bidders by the awarding body by publication or otherwise. The determination of the director shall be included in the contract. (Amended by Stats. 1969, Ch. 301.)
  87. 1773.5.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Wages [1770 - 1785] ( Article 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    The Director of Industrial Relations may issue rules for this chapter and must make certain public-work determinations and appeal decisions within stated time limits, with limited extensions allowed if written reasons are provided.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Wages [1770 - 1785] ( Article 2 enacted by Stats. 1937, Ch. 90. ) ## 1773.5. (a) The Director of Industrial Relations may establish rules and regulations for the purpose of carrying out this chapter, including, but not limited to, the responsibilities and duties of awarding bodies under this chapter. (b) When a request is made to the director for a determination of whether a specific project or type of work awarded or undertaken by a political subdivision is a public work, he or she shall make that determination within 60 days receipt of the last notice of support or opposition from any interested party relating to that project or type of work that was not unreasonably delayed, as determined by the director. If the director deems that the complexity of the request requires additional time to make that determination, the director may have up to an additional 60 days if he or she certifies in writing to the requestor, and any interested party, the reasons for the extension. If the requestor is not a political subdivision, the requester shall, within 15 days of the request, serve a copy of the request upon the political subdivision, in which event the political subdivision shall, within 30 days of its receipt, advise the director of its position regarding the request. For projects or types of work that are otherwise private development projects receiving public funds, as specified in subdivision (b) of Section 1720, the director shall determine whether a specific project or type of work is a public work within 120 days of receipt of the last notice of support or opposition relating to that project or type of work from any interested party that was not unreasonably delayed, as determined by the director. (c) If an administrative appeal of the director’s determination is made, it shall be made within 30 days of the date of the determination. The director shall issue a determination on the administrative appeal within 120 days after receipt of the last notice of support or opposition relating to that appeal from any interested party that was not unreasonably delayed, as determined by the director. The director may have up to an additional 60 days if he or she certifies in writing to the party requesting the appeal the reason for the extension. (d) The director shall have quasi-legislative authority to determine coverage of projects or types of work under the prevailing wage laws of this chapter. A final determination on any administrative appeal is subject to judicial review pursuant to Section 1085 of the Code of Civil Procedure. These determinations, and any determinations relating to the general prevailing rate of per diem wages and the general prevailing rate for holiday, shift rate, and overtime work, shall be exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (Amended by Stats. 2013, Ch. 780, Sec. 3. (SB 377) Effective January 1, 2014.)
  88. 1773.6.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Wages [1770 - 1785] ( Article 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    The Director of Industrial Relations must determine quarterly changes in prevailing per diem wages and make the change available to the awarding body. The determination is final, but it does not apply to contracts where the notice to bidders has already been published.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Wages [1770 - 1785] ( Article 2 enacted by Stats. 1937, Ch. 90. ) ## 1773.6. If during any quarterly period the Director of Industrial Relations shall determine that there has been a change in any prevailing rate of per diem wages in any locality he or she shall make such change available to the awarding body and his or her determination shall be final. Such determination by the Director of Industrial Relations shall not be effective as to any contract for which the notice to bidders has been published. (Amended by Stats. 2017, Ch. 28, Sec. 22. (SB 96) Effective June 27, 2017.)
  89. 1773.7.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Wages [1770 - 1785] ( Article 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    Government Code Section 11250 does not apply to Sections 1773, 1773.4, and 1773.6.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Wages [1770 - 1785] ( Article 2 enacted by Stats. 1937, Ch. 90. ) ## 1773.7. The provisions of Section 11250 of the Government Code shall not be applicable to Sections 1773, 1773.4, and 1773.6. (Repealed and added by Stats. 1976, Ch. 281.)
  90. 1773.8.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Wages [1770 - 1785] ( Article 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    An increased employer payment contribution that lowers taxable wage is not a violation of the applicable prevailing wage determination if the listed conditions are met.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Wages [1770 - 1785] ( Article 2 enacted by Stats. 1937, Ch. 90. ) ## 1773.8. An increased employer payment contribution that results in a lower taxable wage shall not be considered a violation of the applicable prevailing wage determination so long as all of the following conditions are met: (a) The increased employer payment is made pursuant to criteria set forth in a collective bargaining agreement. (b) The increased employer payment and hourly straight time and overtime wage combined are no less than the general prevailing rate of per diem wages. (c) The employer payment contribution is irrevocable unless made in error. (Added by Stats. 2012, Ch. 827, Sec. 2. (AB 2677) Effective January 1, 2013.)
  91. 1773.9.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Wages [1770 - 1785] ( Article 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    The Director of Industrial Relations must use a set methodology to determine prevailing per diem wages for public work in the locality, and may have to establish an alternative rate if no modal rate can be determined.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Wages [1770 - 1785] ( Article 2 enacted by Stats. 1937, Ch. 90. ) ## 1773.9. (a) The Director of Industrial Relations shall use the methodology set forth in subdivision (b) to determine the general prevailing rate of per diem wages in the locality in which the public work is to be performed. (b) The general prevailing rate of per diem wages includes all of the following: (1) The basic hourly wage rate being paid to a majority of workers engaged in the particular craft, classification, or type of work within the locality and in the nearest labor market area, if a majority of the workers is paid at a single rate. If no single rate is being paid to a majority of the workers, then the single rate being paid to the greatest number of workers, or modal rate, is prevailing. If a modal rate cannot be determined, then the director shall establish an alternative rate, consistent with the methodology for determining the modal rate, by considering the appropriate collective bargaining agreements, federal rates, rates in the nearest labor market area, or other data such as wage survey data. (2) Other employer payments included in per diem wages pursuant to Section 1773.1 and as included as part of the total hourly wage rate from which the basic hourly wage rate was derived. In the event the total hourly wage rate does not include any employer payments, the director shall establish a prevailing employer payment rate by the same procedure set forth in paragraph (1). (3) The rate for holiday and overtime work shall be those rates specified in the collective bargaining agreement when the basic hourly rate is based on a collective bargaining agreement rate. In the event the basic hourly rate is not based on a collective bargaining agreement, the rate for holidays and overtime work, if any, included with the prevailing basic hourly rate of pay shall be prevailing. (c) (1) If the director determines that the general prevailing rate of per diem wages is the rate established by a collective bargaining agreement, and that the collective bargaining agreement contains definite and predetermined changes during its term that will affect the rate adopted, the director shall incorporate those changes into the determination. Predetermined changes that are rescinded prior to their effective date shall not be enforced. (2) When the director determines that there is a definite and predetermined change in the general prevailing rate of per diem wages as described in paragraph (1), but has not published, at the time of the effective date of the predetermined change, the allocation of the predetermined change as between the basic hourly wage and other employer payments included in per diem wages pursuant to Section 1773.1, a contractor or subcontractor may allocate payments of not less than the amount of the definite and predetermined change to either the basic hourly wage or other employer payments included in per diem wages for up to 60 days following the director’s publication of the specific allocation of the predetermined change. (3) When the director determines that there is a definite and predetermined change in the general prevailing rate of per diem wages as described in paragraph (1), but the allocation of that predetermined change as between the basic hourly wage and other employer payments included in per diem wages pursuant to Section 1773.1 is subsequently altered by the parties to a collective bargaining agreement described in paragraph (1), a contractor or subcontractor may allocate payments of not less than the amount of the definite and predetermined change in accordance with either the originally published allocation or the allocation as altered in the collective bargaining agreement. (Amended by Stats. 2007, Ch. 482, Sec. 2. Effective January 1, 2008.)
  92. 1774.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Wages [1770 - 1785] ( Article 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    Contractors and subcontractors on the contract must pay workmen at least the specified prevailing wage rates.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Wages [1770 - 1785] ( Article 2 enacted by Stats. 1937, Ch. 90. ) ## 1774. The contractor to whom the contract is awarded, and any subcontractor under him, shall pay not less than the specified prevailing rates of wages to all workmen employed in the execution of the contract. (Enacted by Stats. 1937, Ch. 90.)
  93. 1775.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Wages [1770 - 1785] ( Article 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    In public works contracts, contractors and subcontractors must pay prevailing wages or face daily penalties, and the contractor must monitor subcontractor payroll compliance.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Wages [1770 - 1785] ( Article 2 enacted by Stats. 1937, Ch. 90. ) ## 1775. (a) (1) The contractor and any subcontractor under the contractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rates as determined by the director for the work or craft in which the worker is employed for any public work done under the contract by the contractor or, except as provided in subdivision (b), by any subcontractor under the contractor. (2) (A) The amount of the penalty shall be determined by the Labor Commissioner based on consideration of both of the following: (i) Whether the failure of the contractor or subcontractor to pay the correct rate of per diem wages was a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of the contractor or subcontractor. (ii) Whether the contractor or subcontractor has a prior record of failing to meet its prevailing wage obligations. (B) (i) The penalty may not be less than forty dollars ($40) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, unless the failure of the contractor or subcontractor to pay the correct rate of per diem wages was a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of the contractor or subcontractor. (ii) The penalty may not be less than eighty dollars ($80) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, if the contractor or subcontractor has been assessed penalties within the previous three years for failing to meet its prevailing wage obligations on a separate contract, unless those penalties were subsequently withdrawn or overturned. (iii) The penalty may not be less than one hundred twenty dollars ($120) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, if the Labor Commissioner determines that the violation was willful, as defined in subdivision (c) of Section 1777.1. (C) If the amount due under this section is collected from the contractor or subcontractor, any outstanding wage claim under Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 against that contractor or subcontractor shall be satisfied before applying that amount to the penalty imposed on that contractor or subcontractor pursuant to this section. (D) The determination of the Labor Commissioner as to the amount of the penalty shall be reviewable only for abuse of discretion. (E) The difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the contractor or subcontractor, and the body awarding the contract shall cause to be inserted in the contract a stipulation that this section will be complied with. (b) If a worker employed by a subcontractor on a public works project is not paid the general prevailing rate of per diem wages by the subcontractor, the prime contractor of the project is not liable for any penalties under subdivision (a) unless the prime contractor had knowledge of that failure of the subcontractor to pay the specified prevailing rate of wages to those workers or unless the prime contractor fails to comply with all of the following requirements: (1) The contract executed between the contractor and the subcontractor for the performance of work on the public works project shall include a copy of the provisions of this section and Sections 1771, 1776, 1777.5, 1813, and 1815. (2) The contractor shall monitor the payment of the specified general prevailing rate of per diem wages by the subcontractor to the employees, by periodic review of the certified payroll records of the subcontractor. (3) Upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages, the contractor shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for work performed on the public works project. (4) Prior to making final payment to the subcontractor for work performed on the public works project, the contractor shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages to his or her employees on the public works project and any amounts due pursuant to Section 1813. (c) The Division of Labor Standards Enforcement shall notify the contractor on a public works project within 15 days of the receipt by the Division of Labor Standards Enforcement of a complaint of the failure of a subcontractor on that public works project to pay workers the general prevailing rate of per diem wages. (Amended by Stats. 2011, Ch. 677, Sec. 1. (AB 551) Effective January 1, 2012.)
  94. 1776.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Wages [1770 - 1785] ( Article 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    Contractors and subcontractors on public work must keep and certify detailed payroll records, make them available for inspection and copies on request, and meet notice and filing deadlines.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Wages [1770 - 1785] ( Article 2 enacted by Stats. 1937, Ch. 90. ) ## 1776. (a) Each contractor and subcontractor shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the contractor or subcontractor in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: (1) The information contained in the payroll record is true and correct. (2) The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work performed by that person’s employees on the public works project. (b) The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the contractor on the following basis: (1) A certified copy of an employee’s payroll record shall be made available for inspection or furnished to the employee or the employee’s authorized representative on request. (2) A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnished upon request to a representative of the body awarding the contract and the Division of Labor Standards Enforcement of the Department of Industrial Relations. (3) A certified copy of all payroll records enumerated in subdivision (a) shall be made available upon request by the public for inspection or for copies thereof. However, a request by the public shall be made through either the body awarding the contract or the Division of Labor Standards Enforcement. If the request is made through the awarding body and the body is not in possession of the certified payroll records, the awarding body shall obtain those records from the relevant contractor and make them available to the requesting entity. If the requested payroll records have not been provided pursuant to paragraph (2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by the contractor, subcontractors, and the entity through which the request was made. The public may not be given access to the records at the principal office of the contractor. (4) If an awarding body seeks to obtain payroll records pursuant to paragraph (3), the contractor shall have 10 days to comply following receipt of a written notice requesting the records described in subdivision (a). If the contractor or subcontractor fails to comply within the 10-day period, the awarding body shall notify the Division of Labor Standards Enforcement who may request penalties be withheld from progress payments then due as described in subdivision (h). (c) Unless required to be furnished directly to the Labor Commissioner in accordance with paragraph (3) of subdivision (a) of Section 1771.4, the certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the division. The payroll records may consist of printouts of payroll data that are maintained as computer records, if the printouts contain the same information as the forms provided by the division and the printouts are verified in the manner specified in subdivision (a). (d) A contractor or subcontractor shall file a certified copy of the records enumerated in subdivision (a) with the entity that requested the records within 10 days after receipt of a written request. (e) (1) Except as provided in subdivision (f), any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the awarding body or the Division of Labor Standards Enforcement shall be marked or obliterated to prevent disclosure of an individual’s name, address, and social security number. The name and address of the contractor awarded the contract or the subcontractor performing the contract shall not be marked or obliterated. Any copy of records made available for inspection by, or furnished to, a multiemployer Taft-Hartley trust fund (29 U.S.C. Sec. 186(c)(5)) that requests the records for the purposes of allocating contributions to participants shall be marked or obliterated only to prevent disclosure of an individual’s full social security number, but shall provide the last four digits of the social security number. Any copy of records made available for inspection by, or furnished to, a joint labor-management committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a) shall be marked or obliterated only to prevent disclosure of an individual’s social security number. (2) Copies of electronic certified payroll records shall not satisfy payroll records requests made by Taft-Hartley trust funds and joint labor-management committees. Any copy of records requested by, and made available for inspection by or furnished to, a Taft-Hartley trust fund or joint labor-management committee shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the division. (f) (1) Notwithstanding any other provision of law, agencies that are included in the Joint Enforcement Strike Force on the Underground Economy established pursuant to Section 329 of the Unemployment Insurance Code and other law enforcement agencies investigating violations of law shall, upon request, be provided nonredacted copies of certified payroll records. Any copies of records or certified payroll made available for inspection and furnished upon request to the public by an agency included in the Joint Enforcement Strike Force on the Underground Economy or to a law enforcement agency investigating a violation of law shall be marked or redacted to prevent disclosure of an individual’s name, address, and social security number. (2) An employer shall not be liable for damages in a civil action for any reasonable act or omission taken in good faith in compliance with this subdivision. (g) The contractor shall inform the body awarding the contract of the location of the records enumerated under subdivision (a), including the street address, city, and county, and shall, within five working days, provide a notice of a change of location and address. (h) The contractor or subcontractor has 10 days in which to comply subsequent to receipt of a written notice requesting the records enumerated in subdivision (a). In the event that the contractor or subcontractor fails to comply within the 10-day period, the contractor or subcontractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due. A contractor is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor to comply with this section. (i) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section. (j) The director shall adopt rules consistent with the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) and the Information Practices Act of 1977 (Title 1.8 (commencing with Section 1798) of Part 4 of Division 3 of the Civil Code) governing the release of these records, including the establishment of reasonable fees to be charged for reproducing copies of records required by this section. (Amended by Stats. 2025, Ch. 616, Sec. 1. (AB 538) Effective January 1, 2026.)
  95. 1777.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Wages [1770 - 1785] ( Article 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    Certain state, local, contractor, and subcontractor actors commit a misdemeanor if they willfully violate this article or fail to comply with section 1776 while doing public work.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Wages [1770 - 1785] ( Article 2 enacted by Stats. 1937, Ch. 90. ) ## 1777. Any officer, agent, or representative of the State or of any political subdivision who wilfully violates any provision of this article, and any contractor, or subcontractor, or agent or representative thereof, doing public work who neglects to comply with any provision of section 1776 is guilty of a misdemeanor. (Enacted by Stats. 1937, Ch. 90.)
  96. 1777.1.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Wages [1770 - 1785] ( Article 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    The Labor Commissioner can debar certain contractors and subcontractors from public works contracting for violations of this chapter, including fraudulent or repeated willful violations and failure to produce certified payroll records.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Wages [1770 - 1785] ( Article 2 enacted by Stats. 1937, Ch. 90. ) ## 1777.1. (a) Whenever a contractor or subcontractor performing a public works project pursuant to this chapter is found by the Labor Commissioner to be in violation of this chapter with intent to defraud, the contractor or subcontractor or a firm, corporation, partnership, or association in which the contractor or subcontractor has any interest is ineligible for a period of not less than one year or more than three years to do either of the following: (1) Bid on or be awarded a contract for a public works project. (2) Perform work as a subcontractor on a public works project. (b) Whenever a contractor or subcontractor performing a public works project pursuant to this chapter is found by the Labor Commissioner to have committed two or more separate willful violations of this chapter within a three-year period, the contractor or subcontractor or a firm, corporation, partnership, or association in which the contractor or subcontractor has any interest is ineligible for a period up to three years to do either of the following: (1) Bid on or be awarded a contract for a public works project. (2) Perform work as a subcontractor on a public works project. (c) Whenever a contractor or subcontractor performing a public works project has failed to provide a timely response to a request by the Division of Labor Standards Enforcement, the Division of Apprenticeship Standards, or the awarding body to produce certified payroll records pursuant to Section 1776, the Labor Commissioner shall notify the contractor or subcontractor that, in addition to any other penalties provided by law, the contractor or subcontractor will be subject to debarment under this section if the certified payroll records are not produced within 30 days after receipt of the written notice. If the commissioner finds that the contractor or subcontractor has failed to comply with Section 1776 by that deadline, unless the commissioner finds that the failure to comply was due to circumstances outside the contractor’s or subcontractor’s control, the contractor or subcontractor or a firm, corporation, partnership, or association in which the contractor or subcontractor has any interest is ineligible for a period of not less than one year and not more than three years to do either of the following: (1) Bid on or be awarded a contract for a public works project. (2) Perform work as a subcontractor on a public works project. (d) (1) In the event a contractor or subcontractor is determined by the Labor Commissioner to have knowingly committed a serious violation of any provision of Section 1777.5, the Labor Commissioner may also deny to the contractor or subcontractor, and to its responsible officers, the right to bid on or to be awarded or perform work as a subcontractor on any public works contract for a period of up to one year for the first violation and for a period of up to three years for a second or subsequent violation. Each period of debarment shall run from the date the determination of noncompliance by the Labor Commissioner becomes a final order. (2) The Labor Commissioner shall consider, in determining whether a violation is serious, and in determining whether and for how long a party should be debarred for violating Section 1777.5, all of the following circumstances: (A) Whether the violation was intentional. (B) Whether the party has committed other violations of Section 1777.5. (C) Whether, upon notice of the violation, the party took steps to voluntarily remedy the violation. (D) Whether, and to what extent, the violation resulted in lost training opportunities for apprentices. (E) Whether, and to what extent, the violation otherwise harmed apprentices or apprenticeship programs. (e) A willful violation occurs when the contractor or subcontractor knew or reasonably should have known of his or her obligations under the public works law and deliberately fails or deliberately refuses to comply with its provisions. (f) The Labor Commissioner shall publish on the commissioner’s Internet Web site a list of contractors who are ineligible to bid on or be awarded a public works contract, or to perform work as a subcontractor on a public works project pursuant to this chapter. The list shall contain the name of the contractor, the Contractors’ State License Board license number of the contractor, and the effective period of debarment of the contractor. Contractors shall be added to the list upon issuance of a debarment order and the commissioner shall also notify the Contractors’ State License Board when the list is updated. At least annually, the commissioner shall notify awarding bodies of the availability of the list of debarred contractors. The commissioner shall also place advertisements in construction industry publications targeted to the contractors and subcontractors, chosen by the commissioner, that state the effective period of the debarment and the reason for debarment. The advertisements shall appear one time for each debarment of a contractor in each publication chosen by the commissioner. The debarred contractor or subcontractor shall be liable to the commissioner for the reasonable cost of the advertisements, not to exceed five thousand dollars ($5,000). The amount paid to the commissioner for the advertisements shall be credited against the contractor’s or subcontractor’s obligation to pay civil fines or penalties for the same willful violation of this chapter. (g) For purposes of this section, “contractor or subcontractor” means a firm, corporation, partnership, or association and its responsible managing officer, as well as any supervisors, managers, and officers found by the Labor Commissioner to be personally and substantially responsible for the willful violation of this chapter. (h) For the purposes of this section, the term “any interest” means an interest in the entity bidding or performing work on the public works project, whether as an owner, partner, officer, manager, employee, agent, consultant, or representative. “Any interest” includes, but is not limited to, all instances where the debarred contractor or subcontractor receives payments, whether cash or any other form of compensation, from any entity bidding or performing work on the public works project, or enters into any contracts or agreements with the entity bidding or performing work on the public works project for services performed or to be performed for contracts that have been or will be assigned or sublet, or for vehicles, tools, equipment, or supplies that have been or will be sold, rented, or leased during the period from the initiation of the debarment proceedings until the end of the term of the debarment period. “Any interest” does not include shares held in a publicly traded corporation if the shares were not received as compensation after the initiation of debarment from an entity bidding or performing work on a public works project. (i) For the purposes of this section, the term “entity” is defined as a company, limited liability company, association, partnership, sole proprietorship, limited liability partnership, corporation, business trust, or organization. (j) The Labor Commissioner shall adopt rules and regulations for the administration and enforcement of this section. (Amended by Stats. 2014, Ch. 297, Sec. 1. (AB 2744) Effective January 1, 2015.)
  97. 1777.5.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Wages [1770 - 1785] ( Article 2 enacted by Stats. 1937, Ch. 90. )

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    This section sets apprenticeship rules for public works, including pay, work assignment, reporting, ratios, and exceptions.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Wages [1770 - 1785] ( Article 2 enacted by Stats. 1937, Ch. 90. ) ## 1777.5. (a) (1) This chapter does not prevent the employment upon public works of properly registered apprentices who are active participants in an approved apprenticeship program. (2) For purposes of this chapter, “apprenticeship program” means a program under the jurisdiction of the California Apprenticeship Council established pursuant to Section 3070. (b) (1) Every apprentice employed upon public works shall be paid the prevailing rate of per diem wages for apprentices in the trade to which he or she is registered and shall be employed only at the work of the craft or trade to which he or she is registered. (2) Unless otherwise provided by a collective bargaining agreement, when a contractor requests the dispatch of an apprentice pursuant to this section to perform work on a public works project and requires the apprentice to fill out an application or undergo testing, training, an examination, or other preemployment process as a condition of employment, the apprentice shall be paid for the time spent on the required preemployment activity, including travel time to and from the required activity, if any, at the prevailing rate of per diem wages for apprentices in the trade to which he or she is registered. Unless otherwise provided by a collective bargaining agreement, a contractor is not required to compensate an apprentice for the time spent on preemployment activities if the apprentice is required to take a preemployment drug or alcohol test and he or she fails to pass that test. (c) Only apprentices, as defined in Section 3077, who are in training under apprenticeship standards that have been approved by the Chief of the Division of Apprenticeship Standards and who are parties to written apprentice agreements under Chapter 4 (commencing with Section 3070) of Division 3 are eligible to be employed at the apprentice wage rate on public works. The employment and training of each apprentice shall be in accordance with either of the following: (1) The apprenticeship standards and apprentice agreements under which he or she is training. (2) The rules and regulations of the California Apprenticeship Council. (d) If the contractor to whom the contract is awarded by the state or any political subdivision, in performing any of the work under the contract, employs workers in any apprenticeable craft or trade, the contractor shall employ apprentices in at least the ratio set forth in this section and may apply to any apprenticeship program in the craft or trade that can provide apprentices to the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. However, the decision of the apprenticeship program to approve or deny a certificate shall be subject to review by the Administrator of Apprenticeship. The apprenticeship program or programs, upon approving the contractor, shall arrange for the dispatch of apprentices to the contractor. A contractor covered by an apprenticeship program’s standards shall not be required to submit any additional application in order to include additional public works contracts under that program. “Apprenticeable craft or trade,” as used in this section, means a craft or trade determined as an apprenticeable occupation in accordance with rules and regulations prescribed by the California Apprenticeship Council. As used in this section, “contractor” includes any subcontractor under a contractor who performs any public works not excluded by subdivision (o). (e) Before commencing work on a contract for public works, every contractor shall submit contract award information to an applicable apprenticeship program that can supply apprentices to the site of the public work. The information submitted shall include an estimate of journeyman hours to be performed under the contract, the number of apprentices proposed to be employed, and the approximate dates the apprentices would be employed. A copy of this information shall also be submitted to the awarding body, if requested by the awarding body. Within 60 days after concluding work on the contract, each contractor and subcontractor shall submit to the awarding body, if requested, and to the apprenticeship program a verified statement of the journeyman and apprentice hours performed on the contract. The information under this subdivision shall be public. The apprenticeship programs shall retain this information for 12 months. (f) The apprenticeship program supplying apprentices to the area of the site of the public work shall ensure equal employment and affirmative action in apprenticeship for women and minorities. (g) The ratio of work performed by apprentices to journeymen employed in a particular craft or trade on the public work may be no higher than the ratio stipulated in the apprenticeship standards under which the apprenticeship program operates if the contractor agrees to be bound by those standards. However, except as otherwise provided in this section, in no case shall the ratio be less than one hour of apprentice work for every five hours of journeyman work. (h) This ratio of apprentice work to journeyman work shall apply during any day or portion of a day when any journeyman is employed at the jobsite and shall be computed on the basis of the hours worked during the day by journeymen so employed. Any work performed by a journeyman in excess of eight hours per day or 40 hours per week shall not be used to calculate the ratio. The contractor shall employ apprentices for the number of hours computed as above before the end of the contract or, in the case of a subcontractor, before the end of the subcontract. However, the contractor shall endeavor, to the greatest extent possible, to employ apprentices during the same time period that the journeymen in the same craft or trade are employed at the jobsite. When an hourly apprenticeship ratio is not feasible for a particular craft or trade, the Administrator of Apprenticeship, upon application of an apprenticeship program, may order a minimum ratio of not less than one apprentice for each five journeymen in a craft or trade classification. (i) A contractor covered by this section who has agreed to be covered by an apprenticeship program’s standards upon the issuance of the approval certificate, or who has been previously approved for an apprenticeship program in the craft or trade, shall employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the applicable apprenticeship standards, but in no event less than the 1-to-5 ratio required by subdivision (g). (j) Upon proper showing by a contractor that he or she employs apprentices in a particular craft or trade in the state on all of his or her contracts on an annual average of not less than one hour of apprentice work for every five hours of labor performed by journeymen, the Administrator of Apprenticeship may grant a certificate exempting the contractor from the 1-to-5 hourly ratio, as set forth in this section for that craft or trade. (k) An apprenticeship program has the discretion to grant to a participating contractor or contractor association a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting the contractor from the 1-to-5 ratio set forth in this section when it finds that any one of the following conditions is met: (1) Unemployment for the previous three-month period in the area exceeds an average of 15 percent. (2) The number of apprentices in training in the area exceeds a ratio of 1 to 5. (3) There is a showing that the apprenticeable craft or trade is replacing at least one-thirtieth of its journeymen annually through apprenticeship training, either on a statewide basis or on a local basis. (4) Assignment of an apprentice to any work performed under a public works contract would create a condition that would jeopardize his or her life or the life, safety, or property of fellow employees or the public at large, or the specific task to which the apprentice is to be assigned is of a nature that training cannot be provided by a journeyman. (l) If an exemption is granted pursuant to subdivision (k) to an organization that represents contractors in a specific trade from the 1-to-5 ratio on a local or statewide basis, the member contractors shall not be required to submit individual applications for approval to local joint apprenticeship committees, if they are already covered by the local apprenticeship standards. (m) (1) A contractor to whom a contract is awarded, who, in performing any of the work under the contract, employs journeymen or apprentices in any apprenticeable craft or trade shall contribute to the California Apprenticeship Council the same amount that the director determines is the prevailing amount of apprenticeship training contributions in the area of the public works site. A contractor may take as a credit for payments to the council any amounts paid by the contractor to an approved apprenticeship program that can supply apprentices to the site of the public works project. The contractor may add the amount of the contributions in computing his or her bid for the contract. (2) (A) At the conclusion of the 2002–03 fiscal year and each fiscal year thereafter, the California Apprenticeship Council shall distribute training contributions received by the council under this subdivision, less the expenses of the Department of Industrial Relations for administering this subdivision, by making grants to approved apprenticeship programs for the purpose of training apprentices. The grant funds shall be distributed as follows: (i) If there is an approved multiemployer apprenticeship program serving the same craft or trade and geographic area for which the training contributions were made to the council, a grant to that program shall be made. (ii) If there are two or more approved multiemployer apprenticeship programs serving the same craft or trade and county for which the training contributions were made to the council, the grant shall be divided among those programs based on the number of apprentices from that county registered in each program. (iii) All training contributions not distributed under clauses (i) and (ii) shall be used to defray the future expenses of the Department of Industrial Relations for the administration and enforcement of apprenticeship and preapprenticeship standards and requirements under this code. (B) An apprenticeship program shall only be eligible to receive grant funds pursuant to this subdivision if the apprenticeship program agrees, prior to the receipt of any grant funds, to keep adequate records that document the expenditure of grant funds and to make all records available to the Department of Industrial Relations so that the Department of Industrial Relations is able to verify that grant funds were used solely for training apprentices. For purposes of this subparagraph, adequate records include, but are not limited to, invoices, receipts, and canceled checks that account for the expenditure of grant funds. This subparagraph shall not be deemed to require an apprenticeship program to provide the Department of Industrial Relations with more documentation than is necessary to verify the appropriate expenditure of grant funds made pursuant to this subdivision. (C) The Department of Industrial Relations shall verify that grants made pursuant to this subdivision are used solely to fund training apprentices. If an apprenticeship program is unable to demonstrate how grant funds are expended or if an apprenticeship program is found to be using grant funds for purposes other than training apprentices, then the apprenticeship program shall not be eligible to receive any future grant pursuant to this subdivision and the Department of Industrial Relations may initiate the process to rescind the registration of the apprenticeship program. (3) All training contributions received pursuant to this subdivision shall be deposited in the Apprenticeship Training Contribution Fund, which is hereby created in the State Treasury. Upon appropriation by the Legislature, all moneys in the Apprenticeship Training Contribution Fund shall be used for the purpose of carrying out this subdivision and to pay the expenses of the Department of Industrial Relations. (n) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section. The stipulations shall fix the responsibility of compliance with this section for all apprenticeable occupations with the prime contractor. (o) This section does not apply to contracts of general contractors or to contracts of specialty contractors not bidding for work through a general or prime contractor when the contracts of general contractors or those specialty contractors involve less than thirty thousand dollars ($30,000). (p) An awarding body that implements an approved labor compliance program in accordance with subdivision (b) of Section 1771.5 may, with the approval of the director, assist in the enforcement of this section under the terms and conditions prescribed by the director. (Amended by Stats. 2018, Ch. 704, Sec. 17. (AB 235) Effective September 22, 2018.)
  98. 1777.6.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Wages [1770 - 1785] ( Article 2 enacted by Stats. 1937, Ch. 90. )

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    An employer or labor union must not refuse otherwise qualified employees as registered apprentices on public works because of any basis listed in Government Code section 12940(a), except as provided by the cited exceptions.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Wages [1770 - 1785] ( Article 2 enacted by Stats. 1937, Ch. 90. ) ## 1777.6. An employer or a labor union shall not refuse to accept otherwise qualified employees as registered apprentices on any public works on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, except as provided in Section 3077 of this code and Section 12940 of the Government Code. (Amended by Stats. 2004, Ch. 788, Sec. 15. Effective January 1, 2005.)
  99. 1777.7.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Wages [1770 - 1785] ( Article 2 enacted by Stats. 1937, Ch. 90. )

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    This section sets penalties and enforcement steps for contractors and subcontractors who knowingly violate Section 1777.5 on public works projects.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Wages [1770 - 1785] ( Article 2 enacted by Stats. 1937, Ch. 90. ) ## 1777.7. (a) (1) If the Labor Commissioner or his or her designee determines after an investigation that a contractor or subcontractor knowingly violated Section 1777.5, the contractor and any subcontractor responsible for the violation shall forfeit, as a civil penalty to the state or political subdivision on whose behalf the contract is made or awarded, not more than one hundred dollars ($100) for each full calendar day of noncompliance. The amount of this penalty may be reduced by the Labor Commissioner if the amount of the penalty would be disproportionate to the severity of the violation. A contractor or subcontractor that knowingly commits a second or subsequent violation within a three-year period, if the noncompliance results in apprenticeship training not being provided as required by this chapter, shall forfeit as a civil penalty the sum of not more than three hundred dollars ($300) for each full calendar day of noncompliance. (2) In lieu of the penalty provided for in this subdivision, the Labor Commissioner may, for a first-time violation and with the concurrence of an apprenticeship program described in subdivision (d) of Section 1777.5, order the contractor or subcontractor to provide apprentice employment equivalent to the work hours that would have been provided for apprentices during the period of noncompliance. (b) The Labor Commissioner shall consider, in setting the amount of a monetary penalty, all of the following circumstances: (1) Whether the violation was intentional. (2) Whether the party has committed other violations of Section 1777.5. (3) Whether, upon notice of the violation, the party took steps to voluntarily remedy the violation. (4) Whether, and to what extent, the violation resulted in lost training opportunities for apprentices. (5) Whether, and to what extent, the violation otherwise harmed apprentices or apprenticeship programs. (c) (1) The Labor Commissioner or his or her designee shall issue a civil wage and penalty assessment, in accordance with the provisions of Section 1741, upon determination of penalties assessed under subdivisions (a) and (b). Review of a civil wage and penalty assessment issued under this subdivision may be requested in accordance with the provisions of Section 1742. The regulations of the Director of Industrial Relations, which govern proceedings for review of civil wage and penalty assessments and the withholding of contract payments under Article 1 (commencing with Section 1720) and Article 2 (commencing with Section 1770), shall apply. (2) For purposes of this section, a determination issued pursuant to subdivision (a) or (b) includes a determination that has been approved by the Labor Commissioner and issued by an awarding body that has been authorized to assist the director in the enforcement of Section 1777.5 pursuant to subdivision (p) of that section. The Labor Commissioner may intervene in any proceeding for review of a determination issued by an awarding body. If the involvement of the Labor Commissioner in a labor compliance program enforcement action is limited to a review of the determination and the matter is resolved without litigation by or against the Labor Commissioner or the department, the awarding body shall enforce any applicable penalties, as specified in this section, and shall deposit any penalties and forfeitures collected in the General Fund. (d) The determination of the Labor Commissioner as to the amount of the penalty imposed under subdivisions (a) and (b) shall be reviewable only for an abuse of discretion. (e) If a subcontractor is found to have violated Section 1777.5, the prime contractor of the project is not liable for any penalties under subdivision (a) unless the prime contractor had knowledge of the subcontractor’s failure to comply with the provisions of Section 1777.5 or unless the prime contractor fails to comply with any of the following requirements: (1) The contract executed between the contractor and the subcontractor for the performance of work on the public works project shall include a copy of the provisions of Sections 1771, 1775, 1776, 1777.5, 1813, and 1815. (2) The contractor shall continually monitor a subcontractor’s use of apprentices required to be employed on the public works project pursuant to subdivision (d) of Section 1777.5, including, but not limited to, periodic review of the certified payroll of the subcontractor. (3) Upon becoming aware of a failure of the subcontractor to employ the required number of apprentices, the contractor shall take corrective action, including, but not limited to, retaining funds due to the subcontractor for work performed on the public works project until the failure is corrected. (4) Prior to making the final payment to the subcontractor for work performed on the public works project, the contractor shall obtain a declaration signed under penalty of perjury from the subcontractor that the subcontractor has employed the required number of apprentices on the public works project. (f) The Division of Labor Standards Enforcement shall notify the contractor on a public works project within 15 days of the receipt by the division of a complaint that a subcontractor on that public works project knowingly violated Section 1777.5. (g) The interpretation of Section 1777.5 and the substantive requirements of this section applicable to contractors or subcontractors shall be in accordance with the regulations of the California Apprenticeship Council. (h) The Director of Industrial Relations may adopt regulations to establish guidelines for the imposition of monetary penalties. (Repealed and added by Stats. 2014, Ch. 297, Sec. 3. (AB 2744) Effective January 1, 2015.)
  100. 1778.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Wages [1770 - 1785] ( Article 2 enacted by Stats. 1937, Ch. 90. )

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    A person involved in public work must not take or receive any worker’s wages, or conspire to do so, for personal or others’ use.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Wages [1770 - 1785] ( Article 2 enacted by Stats. 1937, Ch. 90. ) ## 1778. Every person, who individually or as a representative of an awarding or public body or officer, or as a contractor or subcontractor doing public work, or agent or officer thereof, who takes, receives, or conspires with another to take or receive, for his or her own use or the use of any other person any portion of the wages of any worker or working subcontractor, in connection with services rendered upon any public work is guilty of a felony. (Amended by Stats. 2017, Ch. 28, Sec. 23. (SB 96) Effective June 27, 2017.)
  101. 1779.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Wages [1770 - 1785] ( Article 2 enacted by Stats. 1937, Ch. 90. )

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    A person, agent, or officer may not charge fees or other valuable consideration for public-work registration, job information, or placing workers in public work; doing so is a misdemeanor.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Wages [1770 - 1785] ( Article 2 enacted by Stats. 1937, Ch. 90. ) ## 1779. Any person or agent or officer thereof who charges, collects, or attempts to charge or collect, directly or indirectly, a fee or valuable consideration for registering any person for public work, or for giving information as to where such employment may be procured, or for placing, assisting in placing, or attempting to place, any person in public work, whether the person is to work directly for the State, or any political subdivision or for a contractor or subcontractor doing public work is guilty of a misdemeanor. (Enacted by Stats. 1937, Ch. 90.)
  102. 1780.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Wages [1770 - 1785] ( Article 2 enacted by Stats. 1937, Ch. 90. )

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    People acting for the state, local government, or certain contractors on public work may not place a worker-employment order if filling it requires charging a fee or taking valuable consideration from an applicant; doing so is a misdemeanor.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Wages [1770 - 1785] ( Article 2 enacted by Stats. 1937, Ch. 90. ) ## 1780. Any person acting on behalf of the State or any political subdivision, or any contractor or subcontractor or agent or representative thereof, doing any public work who places any order for the employment of a worker on public work where the filling of the order for employment involves the charging of a fee, or the receiving of a valuable consideration from any applicant for employment is guilty of a misdemeanor. (Amended by Stats. 2017, Ch. 28, Sec. 24. (SB 96) Effective June 27, 2017.)
  103. 1781.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Wages [1770 - 1785] ( Article 2 enacted by Stats. 1937, Ch. 90. )

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    A contractor may sue to recover increased costs caused by a later public-work classification, but the right is limited by several conditions. If construction has not started after a final classification decision, the bid must be rebid and nonconstruction work is generally not compensable unless the public body agrees otherwise.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Wages [1770 - 1785] ( Article 2 enacted by Stats. 1937, Ch. 90. ) ## 1781. (a) (1) Notwithstanding any other provision of law, a contractor may, subject to paragraphs (2) and (3), bring an action in a court of competent jurisdiction to recover from the body awarding a contract for a public work or otherwise undertaking any public work any increased costs incurred by the contractor as a result of any decision by the body, the Department of Industrial Relations, or a court that classifies, after the time at which the body accepts the contractor’s bid or awards the contractor a contract in circumstances where no bid is solicited, the work covered by the bid or contract as a “public work,” as defined in this chapter, to which Section 1771 applies, if that body, before the bid opening or awarding of the contract, failed to identify as a “public work,” as defined in this chapter, in the bid specification or in the contract documents that portion of the work that the decision classifies as a “public work.” (2) The body awarding a contract for a public work or otherwise undertaking any public work is not liable for increased costs in an action described in paragraph (1) if all of the following conditions are met: (A) The contractor did not directly submit a bid to, or directly contract with, that body. (B) The body stated in the contract, agreement, ordinance, or other written arrangement by which it undertook the public work that the work described in paragraph (1) was a “public work,” as defined in this chapter, to which Section 1771 applies, and obligated the party with whom the body makes its written arrangement to cause the work described in paragraph (1) to be performed as a “public work.” (C) The body fulfilled all of its duties, if any, under the Civil Code or any other provision of law pertaining to the body providing and maintaining bonds to secure the payment of contractors, including the payment of wages to workers performing the work described in paragraph (1). (3) If a contractor did not directly submit a bid to, or directly contract with a body awarding a contract for, or otherwise undertaking a public work, the liability of that body in an action commenced by the contractor under subdivision (a) is limited to that portion of a judgment, obtained by that contractor against the body that solicited the contractor’s bid or awarded the contract to the contractor, that the contractor is unable to satisfy. For purposes of this paragraph, a contractor may not be deemed to be unable to satisfy any portion of a judgment unless, in addition to other collection measures, the contractor has made a good faith attempt to collect that portion of the judgment against a surety bond, guarantee, or some other form of assurance. (b) When construction has not commenced at the time a final decision by the Department of Industrial Relations or a court classifies all or part of the work covered by the bid or contract as a “public work,” as defined in this chapter, the body that solicited the bid or awarded the contract shall rebid the “public work” covered by the contract as a “public work,” any bid that was submitted and any contract that was executed for this work are null and void, and the contractor may not be compensated for any nonconstruction work already performed unless the body soliciting the bid or awarding the contract has agreed to compensate the contractor for this work. (c) For purposes of this section: (1) “Awarding body” does not include the Department of General Services, the Department of Transportation, or the Department of Water Resources. (2) “Increased costs” includes, but is not limited to: (A) Labor cost increases required to be paid to workers who perform or performed work on the “public work” as a result of the events described in subdivision (a). (B) Penalties for a violation of this article for which the contractor is liable, and which violation is the result of the events described in subdivision (a). (Added by Stats. 2003, Ch. 804, Sec. 2. Effective January 1, 2004.)
  104. 1782.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Wages [1770 - 1785] ( Article 2 enacted by Stats. 1937, Ch. 90. )

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    A charter city may lose eligibility for state funding or financial assistance for a construction project if it allows public works contracts to avoid this article’s requirements, with limited exceptions.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Wages [1770 - 1785] ( Article 2 enacted by Stats. 1937, Ch. 90. ) ## 1782. (a) A charter city shall not receive or use state funding or financial assistance for a construction project if the city has a charter provision or ordinance that authorizes a contractor to not comply with the provisions of this article on any public works contract. (b) A charter city shall not receive or use state funding or financial assistance for a construction project if the city has awarded, within the prior two years, a public works contract without requiring the contractor to comply with all of the provisions of this article. This subdivision shall not apply if the charter city’s failure to include the prevailing wage or apprenticeship requirement in a particular contract was inadvertent and contrary to a city charter provision or ordinance that otherwise requires compliance with this article. (c) A charter city is not disqualified by subdivision (a) from receiving or using state funding or financial assistance for its construction projects if the charter city has a local prevailing wage ordinance for all its public works contracts that includes requirements that in all respects are equal to or greater than the requirements imposed by the provisions of this article and that do not authorize a contractor to not comply with this article. (d) For purposes of this section, the following shall apply: (1) A public works contract does not include contracts for projects of twenty-five thousand dollars ($25,000) or less when the project is for construction work, or projects of fifteen thousand dollars ($15,000) or less when the project is for alteration, demolition, repair, or maintenance work. (2) A charter city includes any agency of a charter city and any entity controlled by a charter city whose contracts would be subject to this article. (3) A “construction project” means a project that involves the award of a public works contract. (4) State funding or financial assistance includes direct state funding, state loans and loan guarantees, state tax credits, and any other type of state financial support for a construction project. State funding or financial assistance does not include revenues that charter cities are entitled to receive without conditions under the California Constitution. (e) The Director of Industrial Relations shall maintain a list of charter cities that may receive and use state funding or financial assistance for their construction projects. (f) (1) This section does not restrict a charter city from receiving or using state funding or financial assistance that was awarded to the city prior to January 1, 2015, or from receiving or using state funding or financial assistance to complete a contract that was awarded prior to January 1, 2015. (2) A charter city is not disqualified by subdivision (b) from receiving or using state funding or financial assistance for its construction projects based on the city’s failure to require a contractor to comply with this article in performing a contract the city advertised for bid or awarded prior to January 1, 2015. (Added by Stats. 2013, Ch. 794, Sec. 2. (SB 7) Effective January 1, 2014.)
  105. 1784.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Wages [1770 - 1785] ( Article 2 enacted by Stats. 1937, Ch. 90. )

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    A contractor may sue to recover increased costs from a direct hiring party, but must notify the hiring party and the owner or developer within 30 days to keep that recovery right.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Wages [1770 - 1785] ( Article 2 enacted by Stats. 1937, Ch. 90. ) ## 1784. (a) Notwithstanding any other law, a contractor may bring an action in a court of competent jurisdiction to recover from the hiring party that the contractor directly contracts with, any increased costs attributable solely to the provisions of this chapter, including, but not limited to, the difference between the wages actually paid to an employee and the wages that were required to be paid to an employee under this chapter, any penalties or other sums required to be paid under this chapter, and costs and attorney’s fees for the action incurred by the contractor as a result of any decision by the Department of Industrial Relations, the Labor and Workforce Development Agency, or a court that classifies, after the time at which the hiring party accepts the contractor’s bid, awards the contractor a contract under circumstances when no bid is solicited, or otherwise allows construction by the contractor to proceed, the work covered by the project, or any portion thereof, as a “public work,” as defined in this chapter, except to the extent that either of the following is true: (1) The owner or developer or its agent expressly advised the contractor that the work to be covered by the contract would be a “public work,” as defined in this chapter, or is otherwise subject to the payment of prevailing wages. (2) The hiring party expressly advised the contractor that the work subject to the contract would be a “public work,” as defined in this chapter, or is otherwise subject to the payment of prevailing wages. (b) (1) To be entitled to the recovery of increased costs described in subdivision (a), the contractor shall notify the hiring party and the owner or developer within 30 days after receipt of the notice of a decision by the Department of Industrial Relations or the Labor and Workforce Development Agency, or the initiation of any action in a court alleging, that the work covered by the project, or any portion thereof, is a “public work,” as defined in this chapter. (2) The notice provided pursuant to this subdivision shall set forth the legal name, address, and telephone number of the contractor, and the name, address, and telephone number of the contractor’s representative, if any, and shall be given by registered or certified mail, express mail, or overnight delivery by an express service carrier. (c) A contractor is not required to list any prevailing wages or apprenticeship standard violations on a prequalification questionnaire that are the direct result of the failure of the owner or developer or its agent, or a hiring party, to notify the contractor that the project, or any portion thereof, was a “public work,” as defined in this chapter. (d) This section does not apply to private residential projects built on private property unless the project is built pursuant to an agreement with a state agency, redevelopment agency, or local public housing authority. (e) This section does not apply if the conduct of the contractor caused the project to be a “public work,” as defined in this chapter, or if the contractor has actual knowledge that the work is a “public work,” as defined in this chapter. (f) A contractor may seek recovery pursuant to this section only from a hiring party with whom the contractor has a direct contract. (g) For purposes of this section, “contractor” means a person or entity licensed by the Contractors’ State Licensing Board that has a direct contract with the hiring party to provide services on private property or for the benefit of a private owner or developer. (h) For purposes of this section, “hiring party” means the party that has a direct contract for services provided by the contractor who is seeking recovery pursuant to subdivision (a) on a private works project that was subsequently determined to be a public work by the Department of Industrial Relations or the Labor and Workforce Development Agency, or by the initiation of any action in a court alleging that the work covered by the project, or any portion thereof, was a public work. (Added by Stats. 2014, Ch. 161, Sec. 1. (AB 1939) Effective January 1, 2015.)
  106. 1785.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Wages [1770 - 1785] ( Article 2 enacted by Stats. 1937, Ch. 90. )

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    The director must create and maintain a strategic enforcement unit for construction, alteration, and repair projects, and the unit must help enforce the code and provide technical assistance to local public entities.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Wages [1770 - 1785] ( Article 2 enacted by Stats. 1937, Ch. 90. ) ## 1785. (a) The director shall establish and maintain a strategic enforcement unit focused on construction, alteration, and repair projects. The unit shall enhance the department’s enforcement of this code in construction, alteration, and repair projects, including projects funded pursuant to Section 50675.1.3 of the Health and Safety Code and other publicly funded residential construction projects. The unit shall have primary responsibility for enforcement of this code in construction projects subject to Section 50675.1.3 of the Health and Safety Code. Any funds appropriated to the department for purposes of this section shall be administered and allocated by the director. (b) The strategic enforcement unit described in subdivision (a) shall provide technical assistance to local public entities related to both of the following: (1) Best practices for monitoring and enforcing requirements pertaining to construction, alteration, and repair projects paid for in whole or in part out of public funds, including, but not limited to, this chapter. (2) Outreach and engagement with workers, employers, and state certified apprenticeship programs connected to construction, alteration, and repair projects. (Added by Stats. 2021, Ch. 111, Sec. 26. (AB 140) Effective July 19, 2021.)
  107. 18.

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

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    This section defines “person” to include individuals and several business or organizational forms.

    ## Labor Code - LAB ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 90. ) ## 18. “Person” means any person, association, organization, partnership, business trust, limited liability company, or corporation. (Amended by Stats. 1994, Ch. 1010, Sec. 178. Effective January 1, 1995.)
  108. 18.5.

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

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    “Agency” means the Labor and Workforce Development Agency.

    ## Labor Code - LAB ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 90. ) ## 18.5. “Agency” means the Labor and Workforce Development Agency. (Added by Stats. 2002, Ch. 859, Sec. 9. Effective January 1, 2003.)
  109. 180.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 8. Alternative Enforcement [180 - 182] ( Chapter 8 added by Stats. 2023, Ch. 659, Sec. 2. )

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    This section defines “public prosecutor” for this chapter.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 8. Alternative Enforcement [180 - 182] ( Chapter 8 added by Stats. 2023, Ch. 659, Sec. 2. ) ## 180. As used in this chapter, “public prosecutor” means the Attorney General, a district attorney, a city attorney, a county counsel, or any other city or county prosecutor. (Added by Stats. 2023, Ch. 659, Sec. 2. (AB 594) Effective January 1, 2024.)
  110. 181.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 8. Alternative Enforcement [180 - 182] ( Chapter 8 added by Stats. 2023, Ch. 659, Sec. 2. )

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    Public prosecutors may bring certain labor-law enforcement actions, seek injunctions, and recover remedies, but must give 14 days’ notice to the Division of Labor Standards Enforcement first.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 8. Alternative Enforcement [180 - 182] ( Chapter 8 added by Stats. 2023, Ch. 659, Sec. 2. ) ## 181. (a) In addition to any other remedies available, a public prosecutor may prosecute an action, either civil or criminal, for a violation of Division 2 (commencing with Section 200), but excluding Part 3.5 (commencing with Section 1140) and Part 13 (commencing with Section 2698), or Division 3 (commencing with Section 2700), but excluding Chapter 4 (commencing with Section 3070), or to enforce those provisions of this code independently, or to enforce any other provisions of this code as specifically authorized. All remedies available for violations of this code, including, but not limited to, wages, liquidated damages, and other civil penalties, may be recovered in an action by a public prosecutor under this chapter. Remedies recovered shall go first to workers to cover any unpaid wages, damages, or penalties owed to those workers, and any remaining civil penalties shall go to the General Fund of the state in an action under this chapter. An action of a public prosecutor under this chapter shall be limited to redressing violations occurring within the public prosecutor’s geographic jurisdiction, unless the public prosecutor has statewide authority or has enforcement authority pursuant to Section 17204 of the Business and Professions Code. Nothing in this section shall divest the division of its authority to enforce this code and all labor laws of the state for the purposes of Section 95. Nothing in this chapter shall be read to limit or restrict a public prosecutor’s existing authority pursuant to Section 17204 of the Business and Professions Code. (b) In addition to any other remedies available, a public prosecutor may seek injunctive relief to prevent continued violations of Division 2 (commencing with Section 200), but excluding Part 3.5 (commencing with Section 1140) and Part 13 (commencing with Section 2698), or Division 3 (commencing with Section 2700), but excluding Chapter 4 (commencing with Section 3070). (c) The court shall award a prevailing plaintiff in that action its reasonable attorney’s fees and costs, including expert witness fees and costs. (d) (1) A public prosecutor shall provide a 14-day notice to the Division of Labor Standards Enforcement prior to prosecuting an action under this section. A public prosecutor’s failure to provide this notice shall not constitute a defense to the action. (2) The Division of Labor Standards Enforcement shall have the right to intervene in any court proceedings brought pursuant to this section by a public prosecutor unless the public prosecutor has statewide authority or has enforcement authority pursuant to Section 17204 of the Business and Professions Code, in which case intervention in a proceeding brought pursuant to this section shall be permissive. (e) This section shall remain in effect only until January 1, 2029, and as of that date is repealed. This subdivision shall not apply to any action initiated in court by a public prosecutor prior to January 1, 2029. (Amended by Stats. 2024, Ch. 969, Sec. 1. (AB 2738) Effective January 1, 2025. Repealed as of January 1, 2029, by its own provisions.)
  111. 1810.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 3. Working Hours [1810 - 1815] ( Article 3 enacted by Stats. 1937, Ch. 90. )

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    Eight hours of labor is treated as a legal day’s work in the covered public-work and public-agency settings, and that rule must be included in contracts involving the State or a municipal corporation.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 3. Working Hours [1810 - 1815] ( Article 3 enacted by Stats. 1937, Ch. 90. ) ## 1810. Eight hours labor constitutes a legal day’s work in all cases where the same is performed under the authority of any law of this State, or under the direction, or control, or by the authority of any officer of this State acting in his official capacity, or under the direction, or control or by the authority of any municipal corporation, or of any officer thereof. A stipulation to that effect shall be made a part of all contracts to which the State or any municipal corporation therein is a party. (Enacted by Stats. 1937, Ch. 90.)
  112. 1811.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 3. Working Hours [1810 - 1815] ( Article 3 enacted by Stats. 1937, Ch. 90. )

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    Workers employed on public work are limited to 8 hours per calendar day and 40 hours per calendar week, unless Section 1815 provides an exception.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 3. Working Hours [1810 - 1815] ( Article 3 enacted by Stats. 1937, Ch. 90. ) ## 1811. The time of service of any worker employed upon public work is limited and restricted to eight hours during any one calendar day, and 40 hours during any one calendar week, except as hereinafter provided for under Section 1815. (Amended by Stats. 2017, Ch. 28, Sec. 25. (SB 96) Effective June 27, 2017.)
  113. 1812.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 3. Working Hours [1810 - 1815] ( Article 3 enacted by Stats. 1937, Ch. 90. )

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    Contractors and subcontractors must keep accurate worker-hours records for public work and make those records available for inspection at reasonable hours.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 3. Working Hours [1810 - 1815] ( Article 3 enacted by Stats. 1937, Ch. 90. ) ## 1812. Every contractor and subcontractor shall keep an accurate record showing the name of and actual hours worked each calendar day and each calendar week by each worker employed by him or her in connection with the public work. The record shall be kept open at all reasonable hours to the inspection of the awarding body and to the Division of Labor Standards Enforcement. (Amended by Stats. 1988, Ch. 160, Sec. 123.)
  114. 1813.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 3. Working Hours [1810 - 1815] ( Article 3 enacted by Stats. 1937, Ch. 90. )

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    Contractors or subcontractors must forfeit $25 per worker for each day a worker is made to work over the stated daily or weekly hour limits, and awarding bodies must add that rule to public works contracts and report violations to labor enforcement.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 3. Working Hours [1810 - 1815] ( Article 3 enacted by Stats. 1937, Ch. 90. ) ## 1813. The contractor or subcontractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the respective contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of this article. In awarding any contract for public work, the awarding body shall cause to be inserted in the contract a stipulation to this effect. The awarding body shall take cognizance of all violations of this article committed in the course of the execution of the contract, and shall report them to the Division of Labor Standards Enforcement. (Amended (as added by Stats. 1997, Ch. 757, Sec. 6) by Stats. 2002, Ch. 28, Sec. 3. Effective January 1, 2003.)
  115. 1814.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 3. Working Hours [1810 - 1815] ( Article 3 enacted by Stats. 1937, Ch. 90. )

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    Certain state and local officers, agents, representatives, contractors, subcontractors, and related agents who violate this article or fail to comply with Section 1812 commit a misdemeanor.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 3. Working Hours [1810 - 1815] ( Article 3 enacted by Stats. 1937, Ch. 90. ) ## 1814. Any officer, agent, or representative of the State or any political subdivision who violates any provision of this article and any contractor or subcontractor or agent or representative thereof doing public work who neglects to comply with any provision of Section 1812 is guilty of a misdemeanor. (Added by renumbering Section 1816 by Stats. 1961, Ch. 238.)
  116. 1815.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 3. Working Hours [1810 - 1815] ( Article 3 enacted by Stats. 1937, Ch. 90. )

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    Employees of contractors may work over 8 hours a day and 40 hours a week on public work if overtime compensation is paid at at least 1.5 times the basic rate for hours over 8 per day.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 3. Working Hours [1810 - 1815] ( Article 3 enacted by Stats. 1937, Ch. 90. ) ## 1815. Notwithstanding the provisions of Sections 1810 to 1814, inclusive, of this code, and notwithstanding any stipulation inserted in any contract pursuant to the requirements of said sections, work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 11/2 times the basic rate of pay. (Amended by Stats. 1963, Ch. 964.)
  117. 182.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 8. Alternative Enforcement [180 - 182] ( Chapter 8 added by Stats. 2023, Ch. 659, Sec. 2. )

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    In enforcement actions by a public prosecutor or the Labor Commissioner, private agreements between a worker and employer cannot block that enforcement authority, and appeals of denials to impose those restrictions do not pause trial court proceedings.

    ## Labor Code - LAB ## DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS [50 - 182] ( Division 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 8. Alternative Enforcement [180 - 182] ( Chapter 8 added by Stats. 2023, Ch. 659, Sec. 2. ) ## 182. In any action initiated by a public prosecutor or the Labor Commissioner to enforce this code, any individual agreement between a worker and employer that purports to limit representative actions or to mandate private arbitration shall have no effect on the authority of the public prosecutor or the Labor Commissioner to enforce the code. Any subsequent appeal of the denial of any motion or other court filing to impose such restrictions on a public prosecutor or the Labor Commissioner shall not stay the trial court proceedings, notwithstanding Section 916 of the Code of Civil Procedure. An individual agreement does not include a collective bargaining agreement. (Added by Stats. 2023, Ch. 659, Sec. 2. (AB 594) Effective January 1, 2024.)
  118. 1860.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 5. Securing Workers’ Compensation [1860 - 1861] ( Heading of Article 5 amended by Stats. 1979, Ch. 373. )

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    The awarding body must put a clause in every public works contract requiring contractors to secure compensation for their employees.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 5. Securing Workers’ Compensation [1860 - 1861] ( Heading of Article 5 amended by Stats. 1979, Ch. 373. ) ## 1860. The awarding body shall cause to be inserted in every public works contract a clause providing that, in accordance with the provisions of Section 3700, every contractor will be required to secure the payment of compensation to his or her employees. (Amended by Stats. 2017, Ch. 28, Sec. 26. (SB 96) Effective June 27, 2017.)
  119. 1861.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 5. Securing Workers’ Compensation [1860 - 1861] ( Heading of Article 5 amended by Stats. 1979, Ch. 373. )

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    A contractor awarded a public works contract must sign and file a certification with the awarding body before starting the work.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Public Works [1720 - 1861] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 5. Securing Workers’ Compensation [1860 - 1861] ( Heading of Article 5 amended by Stats. 1979, Ch. 373. ) ## 1861. Each contractor to whom a public works contract is awarded shall sign and file with the awarding body the following certification prior to performing the work of the contract: “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.” (Amended by Stats. 1979, Ch. 373.)
  120. 19.

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

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    “Department” means the Department of Industrial Relations.

    ## Labor Code - LAB ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 90. ) ## 19. “Department” means Department of Industrial Relations. (Enacted by Stats. 1937, Ch. 90.)
  121. 19.5.

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

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    This section defines “Secretary” as the Secretary of Labor and Workforce Development.

    ## Labor Code - LAB ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 90. ) ## 19.5. “Secretary” means the Secretary of Labor and Workforce Development. (Added by Stats. 2002, Ch. 859, Sec. 10. Effective January 1, 2003.)
  122. 1900.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Public Agencies [1900 - 1901] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. Municipal Employees [1900 - 1901] ( Article 1 enacted by Stats. 1937, Ch. 90. )

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    City employees who work more than 120 hours in a week are entitled to at least three hours off duty during every 24 hours for meals, and their salary cannot be reduced for taking that time.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Public Agencies [1900 - 1901] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. Municipal Employees [1900 - 1901] ( Article 1 enacted by Stats. 1937, Ch. 90. ) ## 1900. Every employee of a city whose hours of labor exceed 120 in a week is entitled to be off duty at least three hours during every twenty-four hours for the purpose of procuring meals. No deduction of salary shall be made by reason thereof. (Enacted by Stats. 1937, Ch. 90.)
  123. 1901.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Public Agencies [1900 - 1901] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. Municipal Employees [1900 - 1901] ( Article 1 enacted by Stats. 1937, Ch. 90. )

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    A city officer or agent who supervises employees covered by this article and violates any part of it commits a misdemeanor.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Public Agencies [1900 - 1901] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. Municipal Employees [1900 - 1901] ( Article 1 enacted by Stats. 1937, Ch. 90. ) ## 1901. Any officer or agent of a city having supervision and control of employees covered by this article who violates any provision hereof is guilty of a misdemeanor. (Enacted by Stats. 1937, Ch. 90.)
  124. 1960.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Firefighters [1960 - 1964] ( Chapter 4 added by Stats. 1959, Ch. 723. )

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    Public authorities may not stop firefighters from joining a bona fide labor organization of their choice.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Firefighters [1960 - 1964] ( Chapter 4 added by Stats. 1959, Ch. 723. ) ## 1960. Neither the State nor any county, political subdivision, incorporated city, town, nor any other municipal corporation shall prohibit, deny or obstruct the right of firefighters to join any bona fide labor organization of their own choice. (Added by Stats. 1959, Ch. 723.)
  125. 1961.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Firefighters [1960 - 1964] ( Chapter 4 added by Stats. 1959, Ch. 723. )

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    This section defines “employees” for this chapter as employees of fire departments and fire services in the State and its local political subdivisions.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Firefighters [1960 - 1964] ( Chapter 4 added by Stats. 1959, Ch. 723. ) ## 1961. As used in this chapter, the term “employees” means the employees of the fire departments and fire services of the State, counties, cities, cities and counties, districts, and other political subdivisions of the State. (Added by Stats. 1959, Ch. 723.)
  126. 1962.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Firefighters [1960 - 1964] ( Chapter 4 added by Stats. 1959, Ch. 723. )

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    Employees have the right to self-organize and work through labor organizations, but they may not strike or honor a picket line while performing official duties.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Firefighters [1960 - 1964] ( Chapter 4 added by Stats. 1959, Ch. 723. ) ## 1962. Employees shall have the right to self-organization, to form, join, or assist labor organizations, to present grievances and recommendations regarding wages, salaries, hours, and working conditions to the governing body, and to discuss the same with such governing body, through such an organization, but shall not have the right to strike, or to recognize a picket line of a labor organization while in the course of the performance of their official duties. (Added by Stats. 1959, Ch. 723.)
  127. 1963.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Firefighters [1960 - 1964] ( Chapter 4 added by Stats. 1959, Ch. 723. )

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    This chapter does not make Section 923 of the code applicable to public employees.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Firefighters [1960 - 1964] ( Chapter 4 added by Stats. 1959, Ch. 723. ) ## 1963. The enactment of this chapter shall not be construed as making the provisions of Section 923 of this code applicable to public employees. (Added by Stats. 1959, Ch. 723.)
  128. 1964.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Firefighters [1960 - 1964] ( Chapter 4 added by Stats. 1959, Ch. 723. )

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    A volunteer fire department’s governing body may adopt removal regulations, and if it does, removals generally require written charges, notice, a hearing, and review, with special rules for probationary firefighters.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 7. PUBLIC WORKS AND PUBLIC AGENCIES [1720 - 1964] ( Part 7 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Firefighters [1960 - 1964] ( Chapter 4 added by Stats. 1959, Ch. 723. ) ## 1964. (a) The governing body of any regularly organized volunteer fire department may, but shall not be required to, adopt regulations governing the removal of volunteer firefighters from the volunteer fire department. (b) In the event that the governing body chooses to adopt these regulations, it shall have the discretion, after soliciting comments from the membership of the volunteer fire department, to adopt any reasonable regulations which may, but need not, include some or all of the following elements, in addition to other provisions: (1) Members of the department shall not be removed from membership, except for incompetence, misconduct, or failure to comply with the rules and regulations of the department. Removals, except for absenteeism at fires or meetings, shall be made only after a hearing with due notice, with stated charges, and with the right of the member to a review. (2) The charges shall be in writing and may be made by the governing body. The burden of proving incompetency or misconduct shall be on the person alleging it. (3) Hearings on the charges shall be held by the officer or body having the power to remove the person, or by a deputy or employee of the officer or body designated in writing for that purpose. In case a deputy or other employee is so designated, he or she shall for the purpose of the hearing be vested with all the powers of the officer or body, and shall make a record of the hearing which shall be referred to the officer or body for review with his or her recommendations. (4) The notice of the hearing shall specify the time and place of the hearing and state the body or person before whom the hearing will be held. Notice and a copy of the charges shall be served personally upon the accused member at least 10 days but not more than 30 days before the date of the hearing. (5) A stenographer may be employed for the purpose of taking testimony at the hearing. (6) The officer or body having the power to remove the person may suspend the person after charges are filed and pending disposition of the charges, and after the hearing may remove the person or may suspend him or her for a period of time not to exceed one year. (7) Volunteer firefighters shall serve a probationary period of a length to be specified by the governing board, not to exceed one year. A probationary volunteer firefighter may be removed from membership without specification of cause. The decision to remove a probationer shall not require notice or a hearing. (c) The requirement of subdivision (b) to solicit comments from the membership shall not be deemed to create a duty to meet and confer with the membership. (d) In the event that a governing body of a regularly organized volunteer fire department adopts regulations governing removal of volunteer firefighters, the regulations shall not be interpreted as creating a property right in the volunteer firefighter job or position. (e) When regulations have been adopted, and where the regulations provide for a hearing and decision by the governing body, a volunteer firefighter may commence a proceeding in accordance with the provisions of Section 1094.5 of the Code of Civil Procedure to set aside the decision of the governing body on the ground that the decision is not supported by substantial evidence. The court shall not employ its independent judgment in reviewing the evidence. The proceeding shall be commenced within 90 days from the date that the governing body renders its decision. This remedy shall be the exclusive method for review of the governing body’s decision. (Added by Stats. 1985, Ch. 499, Sec. 1.)
  129. 2.

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

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    This code provision says matching prior laws are to be treated as restatements and continuations, not as new enactments.

    ## Labor Code - LAB ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 90. ) ## 2. The provisions of this code, in so far as they are substantially the same as existing provisions relating to the same subject matter, shall be construed as restatements and continuations thereof and not as new enactments. (Enacted by Stats. 1937, Ch. 90.)
  130. 20.

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

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    “Director” means the Director of Industrial Relations.

    ## Labor Code - LAB ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 90. ) ## 20. “Director” means Director of Industrial Relations. (Enacted by Stats. 1937, Ch. 90.)
  131. 200.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 1. COMPENSATION [200 - 452] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment of Wages [200 - 281] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. General Occupations [200 - 244] ( Article 1 enacted by Stats. 1937, Ch. 90. )

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    This section defines “wages” and “labor” for this article.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 1. COMPENSATION [200 - 452] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment of Wages [200 - 281] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. General Occupations [200 - 244] ( Article 1 enacted by Stats. 1937, Ch. 90. ) ## 200. As used in this article: (a) “Wages” includes all amounts for labor performed by employees of every description, whether the amount is fixed or ascertained by the standard of time, task, piece, commission basis, or other method of calculation. (b) “Labor” includes labor, work, or service whether rendered or performed under contract, subcontract, partnership, station plan, or other agreement if the labor to be paid for is performed personally by the person demanding payment. (Enacted by Stats. 1937, Ch. 90.)
  132. 200.3.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 1. COMPENSATION [200 - 452] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment of Wages [200 - 281] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. General Occupations [200 - 244] ( Article 1 enacted by Stats. 1937, Ch. 90. )

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    A successor to a judgment debtor can be liable for unpaid wages, damages, and penalties owed to the debtor’s former workforce if the judgment is final and no appeal is pending.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 1. COMPENSATION [200 - 452] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment of Wages [200 - 281] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. General Occupations [200 - 244] ( Article 1 enacted by Stats. 1937, Ch. 90. ) ## 200.3. (a) A successor to a judgment debtor shall be liable for any wages, damages, and penalties owed to any of the judgment debtor’s former workforce pursuant to a final judgment, after the time to appeal therefrom has expired and for which no appeal therefrom is pending. Successorship is established upon meeting any of the following criteria: (1) Uses substantially the same facilities or substantially the same workforce to offer substantially the same services as the judgment debtor. This factor does not apply to employers who maintain the same workforce pursuant to Chapter 4.5 (commencing with Section 1060) of Part 3. (2) Has substantially the same owners or managers that control the labor relations as the judgment debtor. (3) Employs as a managing agent any person who directly controlled the wages, hours, or working conditions of the affected workforce of the judgment debtor. The term managing agent has the same meaning as in subdivision (b) of Section 3294 of the Civil Code. (4) Operates a business in the same industry and the business has an owner, partner, officer, or director who is an immediate family member of any owner, partner, officer, or director of the judgment debtor. (b) This section shall not be construed to limit other means of establishing successor liability for wages, damages, and penalties. (Added by Stats. 2020, Ch. 357, Sec. 7. (AB 3075) Effective January 1, 2021.)
  133. 200.5.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 1. COMPENSATION [200 - 452] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment of Wages [200 - 281] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. General Occupations [200 - 244] ( Article 1 enacted by Stats. 1937, Ch. 90. )

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    The Division of Labor Standards Enforcement must start an action to collect a civil penalty, fee, or penalty fee within three years after it becomes final, and the superior court clerk must immediately enter judgment when the action is commenced.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 1. COMPENSATION [200 - 452] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment of Wages [200 - 281] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. General Occupations [200 - 244] ( Article 1 enacted by Stats. 1937, Ch. 90. ) ## 200.5. (a) Notwithstanding any provision of this code or Section 340 of the Code of Civil Procedure, to collect a civil penalty, fee, or penalty fee under this division, the Division of Labor Standards Enforcement shall commence an action within three years from the date the penalty or fee became final. Upon commencement of an action, the clerk of the superior court shall enter judgment immediately in conformity therewith. (b) This section applies only to penalty assessments or fees that became final on or after the effective date of the act adding this section. (c) For purposes of this section, “commence an action” means to file a request for entry of judgment on a civil penalty or fee with the clerk of the superior court of the relevant county. (d) For purposes of this section, “final” means the time to appeal has expired and there is no appeal pending. (Added by Stats. 2011, Ch. 655, Sec. 3. (AB 469) Effective January 1, 2012.)
  134. 201.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 1. COMPENSATION [200 - 452] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment of Wages [200 - 281] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. General Occupations [200 - 244] ( Article 1 enacted by Stats. 1937, Ch. 90. )

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    Final wages are due immediately when an employee is discharged, with a special 72-hour rule for certain seasonal layoff situations. The section also lets eligible state employees elect special leave payout or deferral options tied to retirement plan contributions.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 1. COMPENSATION [200 - 452] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment of Wages [200 - 281] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. General Occupations [200 - 244] ( Article 1 enacted by Stats. 1937, Ch. 90. ) ## 201. (a) If an employer discharges an employee, the wages earned and unpaid at the time of discharge are due and payable immediately. An employer who lays off a group of employees by reason of the termination of seasonal employment in the curing, canning, or drying of any variety of perishable fruit, fish, or vegetables, shall be deemed to have made immediate payment when the wages of said employees are paid within a reasonable time as necessary for computation and payment thereof; provided, however, that the reasonable time shall not exceed 72 hours, and further provided that payment shall be made by mail to any employee who so requests and designates a mailing address therefor. (b) Notwithstanding any other law, the state employer shall be deemed to have made an immediate payment of wages under this section for any unused or accumulated vacation, annual leave, holiday leave, or time off to which the employee is entitled by reason of previous overtime work where compensating time off was given by the appointing power, provided, at least five workdays prior to his or her final day of employment, the employee submits a written election to his or her appointing power authorizing the state employer to tender payment for any or all leave to be contributed on a pretax basis or a Roth basis, in the year of discharge, to the employee’s account in a state-sponsored supplemental retirement plan as described under Sections 401(k), 403(b), or 457 of the Internal Revenue Code provided the plan allows those contributions. The contribution shall be deposited into the employee’s 401(k), 403(b), or 457 plan account no later than two and one-half months after the employee’s discharge from employment. This section is not intended to authorize contributions in excess of the annual deferral limits imposed under federal and state law or the provisions of the supplemental retirement plan itself. (c) Notwithstanding any other law, when the state employer discharges an employee, the employee may, at least five workdays prior to his or her final day of employment, submit a written election to his or her appointing power authorizing the state employer to defer into the next calendar year payment of any or all of the employee’s unused or accumulated vacation, annual leave, holiday leave, or time off to which the employee is entitled by reason of previous overtime work where compensating time off was given by the appointing power. An employee electing to defer payment into the next calendar year under this section may do any of the following: (1) Contribute the entire payment to his or her 401(k), 403(b), or 457 plan account. (A) This election is only available if the employee is terminated from service on or after November 1 of the calendar year of his or her termination. (B) The contributions shall be deposited into an applicable plan account no later than two and one-half months after the employee’s last day of employment. (2) Contribute any portion of the deferred payment to his or her 401(k), 403(b), or 457 plan account and receive cash payment for the remaining noncontributed unused leave. (A) An employee is eligible to defer a portion of the deferred payment into a 401(k), 403(b), or 457 plan account only if the employee’s date of termination from service was on or after November 1 of the calendar year of his or her termination. (B) For the portion deferred into a 401(k), 403(b), or 457 plan account, the contributions shall be deposited into an applicable plan account no later than two and one-half months after the employee’s last day of employment. (C) For the portion received as a cash payment: (i) Only that portion of leave that extends past the November pay period for the employee shall be deferred into the next calendar year. (ii) Payments shall be tendered under this paragraph no later than February 1 in the year following the employee’s last day of employment. (3) Receive a lump-sum payment for all of the deferred unused leave as described above. (A) Only that portion of leave that extends past the November pay period for the employee shall be deferred into the next calendar year. (B) Payments shall be tendered under this paragraph no later than February 1 in the year following the employee’s last day of employment. (d) This section is not intended to authorize contributions in excess of the annual deferral limits imposed under federal and state law or the provisions of the supplemental retirement plan itself. (Amended by Stats. 2018, Ch. 903, Sec. 19. (SB 1504) Effective January 1, 2019.)
  135. 201.3.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 1. COMPENSATION [200 - 452] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment of Wages [200 - 281] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. General Occupations [200 - 244] ( Article 1 enacted by Stats. 1937, Ch. 90. )

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    Temporary services employers must pay assigned workers on a weekly basis, with faster daily payment rules in some situations.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 1. COMPENSATION [200 - 452] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment of Wages [200 - 281] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. General Occupations [200 - 244] ( Article 1 enacted by Stats. 1937, Ch. 90. ) ## 201.3. (a) For purposes of this section, the following definitions apply: (1) “Temporary services employer” means an employing unit that contracts with clients or customers to supply workers to perform services for the clients or customers and that performs all of the following functions: (A) Negotiates with clients and customers for matters such as the time and place where the services are to be provided, the type of work, the working conditions, and the quality and price of the services. (B) Determines assignments or reassignments of workers, even if workers retain the right to refuse specific assignments. (C) Retains the authority to assign or reassign a worker to another client or customer when the worker is determined unacceptable by a specific client or customer. (D) Assigns or reassigns workers to perform services for clients or customers. (E) Sets the rate of pay of workers, whether or not through negotiation. (F) Pays workers from its own account or accounts. (G) Retains the right to hire and terminate workers. (2) “Temporary services employer” does not include any of the following: (A) A bona fide nonprofit organization that provides temporary service employees to clients. (B) A farm labor contractor, as defined in subdivision (b) of Section 1682. (C) A garment manufacturing employer, which, for purposes of this section, has the same meaning as “contractor,” as defined in subdivision (d) of Section 2671. (3) “Employing unit” has the same meaning as defined in Section 135 of the Unemployment Insurance Code. (4) “Client” and “customer” mean the person with whom a temporary services employer has a contractual relationship to provide the services of one or more individuals employed by the temporary services employer. (b) (1) (A) Except as provided in paragraphs (2) to (5), inclusive, if an employee of a temporary services employer is assigned to work for a client, that employee’s wages are due and payable no less frequently than weekly, regardless of when the assignment ends, and wages for work performed during any calendar week shall be due and payable not later than the regular payday of the following calendar week. A temporary services employer shall be deemed to have timely paid wages upon completion of an assignment if wages are paid in compliance with this subdivision. (B) Except as provided in paragraphs (2) to (5), inclusive, if an employee of a temporary services employer in the security services industry is a security guard who is registered pursuant to Chapter 11.5 (commencing with Section 7580) of Division 3 of the Business and Professions Code, is employed by a private patrol operator licensed pursuant to that chapter, and is assigned to work for a client, that employee’s wages are due and payable no less frequently than weekly, regardless of when the assignment ends, and wages for work performed during any workweek, as defined under Section 500, shall be due and payable not later than the regular payday of the following workweek. (2) If an employee of a temporary services employer is assigned to work for a client on a day-to-day basis, that employee’s wages are due and payable at the end of each day, regardless of when the assignment ends, if each of the following occurs: (A) The employee reports to or assembles at the office of the temporary services employer or other location. (B) The employee is dispatched to a client’s worksite each day and returns to or reports to the office of the temporary services employer or other location upon completion of the assignment. (C) The employee’s work is not executive, administrative, or professional, as defined in the wage orders of the Industrial Welfare Commission, and is not clerical. (3) If an employee of a temporary services employer is assigned to work for a client engaged in a trade dispute, that employee’s wages are due and payable at the end of each day, regardless of when the assignment ends. (4) If an employee of a temporary services employer is assigned to work for a client and is discharged by the temporary services employer or leasing employer, wages are due and payable as provided in Section 201. (5) If an employee of a temporary services employer is assigned to work for a client and quits his or her employment with the temporary services employer, wages are due and payable as provided in Section 202. (6) If an employee of a temporary services employer is assigned to work for a client for over 90 consecutive calendar days, this section does not apply unless the temporary services employer pays the employee weekly in compliance with paragraph (1) of subdivision (b). (c) A temporary services employer who violates this section is subject to the civil penalties provided for in Section 203 and to any other penalties available at law. (d) This section shall not be interpreted to limit any rights or remedies otherwise available under state or federal law. (Amended by Stats. 2017, Ch. 561, Sec. 142. (AB 1516) Effective January 1, 2018.)
  136. 201.5.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 1. COMPENSATION [200 - 452] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment of Wages [200 - 281] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. General Occupations [200 - 244] ( Article 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    Covered motion-picture employees whose jobs end are entitled to unpaid wages by the next regular payday.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 1. COMPENSATION [200 - 452] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment of Wages [200 - 281] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. General Occupations [200 - 244] ( Article 1 enacted by Stats. 1937, Ch. 90. ) ## 201.5. (a) For purposes of this section, the following definitions apply: (1) “An employee engaged in the production or broadcasting of motion pictures” means an employee to whom both of the following apply: (A) The employee’s job duties relate to or support the production or broadcasting of motion pictures or the facilities or equipment used in the production or broadcasting of motion pictures. (B) The employee is hired for a period of limited duration to render services relating to or supporting a particular motion picture production or broadcasting project, or is hired on the basis of one or more daily or weekly calls. (2) “Daily or weekly call” means an employment that, by its terms, will expire at the conclusion of one day or one week, unless renewed. (3) “Next regular payday” means the day designated by the employer, pursuant to Section 204, for payment of wages earned during the payroll period in which the termination occurs. (4) “Production or broadcasting of motion pictures” means the development, creation, presentation, or broadcasting of theatrical or televised motion pictures, television programs, commercial advertisements, music videos, or any other moving images, including, but not limited to, productions made for entertainment, commercial, religious, or educational purposes, whether these productions are presented by means of film, tape, live broadcast, cable, satellite transmission, Web cast, or any other technology that is now in use or may be adopted in the future. (b) An employee engaged in the production or broadcasting of motion pictures whose employment terminates is entitled to receive payment of the wages earned and unpaid at the time of the termination by the next regular payday. (c) The payment of wages to employees covered by this section may be mailed to the employee or made available to the employee at a location specified by the employer in the county where the employee was hired or performed labor. The payment shall be deemed to have been made on the date that the employee’s wages are mailed to the employee or made available to the employee at the location specified by the employer, whichever is earlier. (d) For purposes of this section, an employment terminates when the employment relationship ends, whether by discharge, lay off, resignation, completion of employment for a specified term, or otherwise. (e) Nothing in this section prohibits the parties to a valid collective bargaining agreement from establishing alternative provisions for final payment of wages to employees covered by this section if those provisions do not exceed the time limitation established in Section 204. (Repealed and added by Stats. 2006, Ch. 824, Sec. 2. Effective January 1, 2007.)
  137. 201.6.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 1. COMPENSATION [200 - 452] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment of Wages [200 - 281] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. General Occupations [200 - 244] ( Article 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    A print shoot employee must be paid earned but unpaid wages by the next regular payday after termination.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 1. COMPENSATION [200 - 452] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment of Wages [200 - 281] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. General Occupations [200 - 244] ( Article 1 enacted by Stats. 1937, Ch. 90. ) ## 201.6. (a) As used in this section: (1) “Print shoot employee” means an individual hired for a period of limited duration to render services relating to or supporting a still image shoot, including film or digital photography, for use in print, digital, or internet media. (2) “Next regular payday” means the day designated by the employer, pursuant to Section 204, for payment of wages earned during the payroll period in which the termination occurs. (3) “Time of termination” is when the employment relationship ends, whether by discharge, layoff, resignation, completion of employment for a specified term, or otherwise. (b) A print shoot employee is entitled to receive payment of the wages earned and unpaid at the time of termination by the next regular payday. (c) The payment of wages to employees covered by this section may be mailed to the employee or made available to the employee at a location specified by the employer in the county where the employee was hired or performed labor. The payment shall be deemed to have been made on the date that the employee’s wages are mailed to the employee or made available to the employee at the location specified by the employer, whichever is earlier. (d) Nothing in this section prohibits the parties to a valid collective bargaining agreement from establishing alternative provisions for final payment of wages to employees covered by this section if those provisions do not exceed the time limitation established in Section 204. (Added by Stats. 2019, Ch. 253, Sec. 2. (SB 671) Effective September 5, 2019.)
  138. 201.7.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 1. COMPENSATION [200 - 452] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment of Wages [200 - 281] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. General Occupations [200 - 244] ( Article 1 enacted by Stats. 1937, Ch. 90. )

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    For oil-drilling layoffs, wages are treated as immediately paid if paid within a reasonable time for calculation or payment, but that time cannot exceed 24 hours after discharge (excluding Saturdays, Sundays, and holidays).

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 1. COMPENSATION [200 - 452] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment of Wages [200 - 281] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. General Occupations [200 - 244] ( Article 1 enacted by Stats. 1937, Ch. 90. ) ## 201.7. An employer who lays off an employee or a group of employees engaged in the business of oil drilling shall be deemed to have made immediate payment within the meaning of Section 201 if the wages of such employees are paid within such reasonable time as may be necessary for computation or payment thereof; provided, however, that such reasonable time shall not exceed 24 hours after discharge excluding Saturdays, Sundays, and holidays; and provided further, such payment may be mailed and the date of mailing is the date of payment. The Legislature finds and determines that special provision must be made for the payment of wages on discharge of employees engaged in oil drilling because their employment at various locations is often far removed from the employer’s principal administrative offices, which makes the computation and payment of wages on an immediate basis unduly burdensome. (Added by Stats. 1980, Ch. 440.)
  139. 201.8.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 1. COMPENSATION [200 - 452] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment of Wages [200 - 281] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. General Occupations [200 - 244] ( Article 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    Events employees are entitled to be paid earned wages by the next regular payday, unless they are discharged or quit.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 1. COMPENSATION [200 - 452] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment of Wages [200 - 281] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. General Occupations [200 - 244] ( Article 1 enacted by Stats. 1937, Ch. 90. ) ## 201.8. (a) As used in this section, the following terms have the following meanings: (1) “Events employee” means an employee of an owner, operator, affiliate, licensee, vendor, concessions operator, lessee, tenant, or subtenant of a professional baseball venue or professional baseball team, or one of their respective contractors or subcontractors, who works in any capacity during any event held at a professional baseball venue, unless the employee is hired for a specified, limited, period of time, and the employee has no expectation of an ongoing employment relationship. (2) For purposes of this section, “event” means any event, whether public or private, that is held at a professional baseball venue, including all professional and amateur sports events, games, concerts, shows, performances, conventions, or other entertainment events. (3) “Professional baseball venue” means any venue where professional baseball games regularly are played. (4) “Next regular payday” means the day designated by the employer of an events employee, pursuant to Section 204, for payment of wages earned during the payroll period, except where the events employee is discharged by the employer or where the events employee quits the employment. (b) An events employee is entitled to receive payment of the wages earned and unpaid by the next regular payday, unless an events employee is discharged by the employer or the events employee quits the employment, in which case payment of final wages is governed by Sections 201 and 202, respectively. (c) The payment of wages to an events employee covered by this section may be mailed to the events employee, paid by direct deposit to an account designated by the events employee, or made available to the events employee at a location specified by the employer in the county where the events employee was hired or performed labor. The payment shall be deemed to have been made on the date that the events employee’s wages are mailed to the events employee, directly deposited, or made available to the events employee at the location specified by the employer, whichever is earlier. (d) Events employees shall be deemed to be employed continuously and without interruption until their employment is terminated either by the employer or the events employee. The conclusion of an event or series of events (whether it is a single game, concert, or event, or a series of games in a homestand, or the end of the season for a professional baseball team), by itself, does not constitute a discharge, termination, layoff, or any other type of break in service. (e) Nothing in this section prohibits the parties to a valid collective bargaining agreement from establishing alternative provisions for payment of wages to events employees covered by this section if those provisions do not exceed the time limitation established in Section 204. (f) Nothing in this section should be read to affect the interpretation or application of Article 1 (commencing with Section 1251) of Chapter 5 of Part 1 of Division 1 of the Unemployment Insurance Code, including Section 1253.8 of that article. (Added by Stats. 2019, Ch. 700, Sec. 1. (SB 286) Effective January 1, 2020.)
  140. 201.9.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 1. COMPENSATION [200 - 452] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment of Wages [200 - 281] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. General Occupations [200 - 244] ( Article 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    In certain entertainment-venue jobs covered by a bona fide collective bargaining agreement, employees and employers may set wage-payment deadlines for discharged or laid-off workers.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 1. COMPENSATION [200 - 452] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment of Wages [200 - 281] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. General Occupations [200 - 244] ( Article 1 enacted by Stats. 1937, Ch. 90. ) ## 201.9. Notwithstanding subdivision (a) of Section 201, if employees are employed at a venue that hosts live theatrical or concert events and are enrolled in and routinely dispatched to employment through a hiring hall or other system of regular short-term employment established in accordance with a bona fide collective bargaining agreement, these employees and their employers may establish by express terms in their collective bargaining agreement the time limits for payment of wages to an employee who is discharged or laid off. (Added by Stats. 2006, Ch. 685, Sec. 1. Effective January 1, 2007.)
  141. 2010.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 8. UNEMPLOYMENT RELIEF [2010 - 2014] ( Part 8 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Extension of Public Works [2010 - 2014] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    This section defines “State agency” for this chapter as a department, division, board, bureau, or commission of the State.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 8. UNEMPLOYMENT RELIEF [2010 - 2014] ( Part 8 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Extension of Public Works [2010 - 2014] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 2010. As used in this chapter, “State agency” means any department, division, board, bureau, or commission of the State. (Enacted by Stats. 1937, Ch. 90.)
  142. 2011.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 8. UNEMPLOYMENT RELIEF [2010 - 2014] ( Part 8 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Extension of Public Works [2010 - 2014] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    The Department of Finance must obtain tentative public-works extension plans from State agencies.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 8. UNEMPLOYMENT RELIEF [2010 - 2014] ( Part 8 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Extension of Public Works [2010 - 2014] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 2011. The Department of Finance shall ascertain and secure from the several State agencies tentative plans for the extension of public works which are best adapted to supply increased opportunities for advantageous public labor during periods of temporary unemployment. Such plans shall include estimates of the amount, character, and duration of employment, the number of employees who could be profitably employed therein, together with rates of wages and other information which the Department of Finance deems necessary. (Enacted by Stats. 1937, Ch. 90.)
  143. 2012.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 8. UNEMPLOYMENT RELIEF [2010 - 2014] ( Part 8 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Extension of Public Works [2010 - 2014] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    The department must stay informed about industrial conditions statewide and, when extraordinary unemployment caused by industrial depression is believed to exist, immediately investigate and report to the Governor whether it exists.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 8. UNEMPLOYMENT RELIEF [2010 - 2014] ( Part 8 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Extension of Public Works [2010 - 2014] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 2012. The department shall keep constantly advised of industrial conditions throughout the State as affecting the employment of labor. Whenever the Governor represents or the division has reason to believe, that a period of extraordinary unemployment caused by industrial depression exists in the state, it shall immediately hold an inquiry into the facts relating thereto, and report to the Governor whether, in fact, such condition exists. (Amended by Stats. 2012, Ch. 46, Sec. 97. (SB 1038) Effective June 27, 2012.)
  144. 2013.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 8. UNEMPLOYMENT RELIEF [2010 - 2014] ( Part 8 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Extension of Public Works [2010 - 2014] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    If a department reports extraordinary unemployment caused by industrial depression, the Department of Finance may distribute the available Emergency Fund to state agencies for public works.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 8. UNEMPLOYMENT RELIEF [2010 - 2014] ( Part 8 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Extension of Public Works [2010 - 2014] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 2013. If the department reports to the Governor that a condition of extraordinary unemployment caused by industrial depression does exist within this state, the Department of Finance may apportion the available Emergency Fund among the several state agencies for the extension of the public works of the state under the charge or direction thereof, in the manner which the Department of Finance believes to be best adapted to advance the public interest by providing the maximum of public employment consistent with the most useful, permanent, and economic extension of public works. (Amended by Stats. 2012, Ch. 46, Sec. 98. (SB 1038) Effective June 27, 2012.)
  145. 2014.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 8. UNEMPLOYMENT RELIEF [2010 - 2014] ( Part 8 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Extension of Public Works [2010 - 2014] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    The Department of Employment Development must, after the required finding is published, prepare approved lists of applicants for public employment, gather their industrial qualification information, and send it to the Department of Finance.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 8. UNEMPLOYMENT RELIEF [2010 - 2014] ( Part 8 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Extension of Public Works [2010 - 2014] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 2014. The Department of Employment Development immediately upon the publication of a finding under this chapter that a period of extraordinary unemployment due to industrial depression exists throughout this state shall prepare approved lists of applicants for public employment, secure full information as to their industrial qualifications, and shall submit the same to the Department of Finance for transmission to the state agencies which avail themselves of the provisions of this chapter. (Amended by Stats. 1973, Ch. 1207.)
  146. 202.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 1. COMPENSATION [200 - 452] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment of Wages [200 - 281] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. General Occupations [200 - 244] ( Article 1 enacted by Stats. 1937, Ch. 90. )

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    This section sets when wages must be paid after an employee quits, and gives state employees options for handling unused leave pay at separation.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 1. COMPENSATION [200 - 452] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment of Wages [200 - 281] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. General Occupations [200 - 244] ( Article 1 enacted by Stats. 1937, Ch. 90. ) ## 202. (a) If an employee not having a written contract for a definite period quits his or her employment, his or her wages shall become due and payable not later than 72 hours thereafter, unless the employee has given 72 hours previous notice of his or her intention to quit, in which case the employee is entitled to his or her wages at the time of quitting. Notwithstanding any other law, an employee who quits without providing a 72-hour notice shall be entitled to receive payment by mail if he or she so requests and designates a mailing address. The date of the mailing shall constitute the date of payment for purposes of the requirement to provide payment within 72 hours of the notice of quitting. (b) Notwithstanding any other law, the state employer shall be deemed to have made an immediate payment of wages under this section for any unused or accumulated vacation, annual leave, holiday leave, sick leave to which the employee is otherwise entitled due to a disability retirement, or time off to which the employee is entitled by reason of previous overtime work where compensating time off was given by the appointing power, provided at least five workdays prior to his or her final day of employment, the employee submits a written election to his or her appointing power authorizing the state employer to tender payment for any or all leave to be contributed on a pretax basis or a Roth basis, in the year of separation, to the employee’s account in a state-sponsored supplemental retirement plan as described under Sections 401(k), 403(b), or 457 of the Internal Revenue Code provided the plan allows those contributions. The contribution shall be deposited into the employee’s 401(k), 403(b), or 457 plan account no later than two and one-half months after the employee’s final day of employment. This section is not intended to authorize contributions in excess of the annual deferral limits imposed under federal and state law or the provisions of the supplemental retirement plan itself. (c) Notwithstanding any other law, when a state employee quits, retires, or disability retires from his or her employment with the state, the employee may, at least five workdays prior to his or her final day of employment, submit a written election to his or her appointing power authorizing the state employer to defer into the next calendar year payment of any or all of the employee’s unused or accumulated vacation, annual leave, holiday leave, sick leave to which the employee is otherwise entitled due to a disability, retirement, or time off to which the employee is entitled by reason of previous overtime work where compensating time off was given by the appointing power. The employee may elect any of the following: (1) Contribute the entire payment to his or her 401(k), 403(b), or 457 plan account. (A) This election is only available if the employee’s last day of employment is on or after November 1 of the calendar year of his or her last day of employment. (B) The contributions shall be deposited into the applicable plan account no later than two and one-half months after the employee’s last day of employment. (2) Contribute any portion of the deferred payment to his or her 401(k), 403(b), or 457 plan account and receive cash payment for the remaining noncontributed unused leave. (A) An employee is eligible to defer a portion of the deferred payment into a 401(k), 403(b), or 457 plan account only if the employee’s last day of employment was on or after November 1 of the calendar year of his or her last day of employment. (B) For the portion deferred into a 401(k), 403(b), or 457 plan account, the contributions shall be deposited into an applicable plan account no later than two and one-half months after the employee’s last day of employment. (C) For the portion received as a cash payment: (i) Only that portion of leave that extends past the November pay period for the employee shall be deferred into the next calendar year. (ii) Payments shall be tendered under this paragraph no later than February 1 in the year following the employee’s last day of employment. (3) Receive a lump-sum payment for all of the deferred unused leave as described above. (A) Only that portion of leave that extends past the November pay period for the employee shall be deferred into the next calendar year. (B) Payments shall be tendered under this section no later than February 1 in the year following the employee’s last day of employment. (d) This section is not intended to authorize contributions in excess of the annual deferral limits imposed under federal and state law or the provisions of the supplemental retirement plan itself. (Amended by Stats. 2018, Ch. 903, Sec. 20. (SB 1504) Effective January 1, 2019.)
  147. 203.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 1. COMPENSATION [200 - 452] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment of Wages [200 - 281] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. General Occupations [200 - 244] ( Article 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    If an employer willfully does not pay final wages when required, the employee’s wages can keep accruing as a penalty for up to 30 days.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 1. COMPENSATION [200 - 452] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment of Wages [200 - 281] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. General Occupations [200 - 244] ( Article 1 enacted by Stats. 1937, Ch. 90. ) ## 203. (a) If an employer willfully fails to pay, without abatement or reduction, in accordance with Sections 201, 201.3, 201.5, 201.6, 201.8, 201.9, 202, and 205.5, any wages of an employee who is discharged or who quits, the wages of the employee shall continue as a penalty from the due date thereof at the same rate until paid or until an action therefor is commenced; but the wages shall not continue for more than 30 days. An employee who secretes or absents themselves to avoid payment to them, or who refuses to receive the payment when fully tendered to them, including any penalty then accrued under this section, is not entitled to any benefit under this section for the time during which the employee so avoids payment. (b) Suit may be filed for these penalties at any time before the expiration of the statute of limitations on an action for the wages from which the penalties arise. (Amended by Stats. 2019, Ch. 700, Sec. 2.5. (SB 286) Effective January 1, 2020.)
  148. 203.1.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 1. COMPENSATION [200 - 452] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment of Wages [200 - 281] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. General Occupations [200 - 244] ( Article 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    If an employer pays wages or fringe benefits by check, draft, or voucher and the payment is refused for no account or insufficient funds, the wages or fringe benefits continue as a penalty until paid or an action is started, subject to a 30-day cap and stated exceptions.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 1. COMPENSATION [200 - 452] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment of Wages [200 - 281] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. General Occupations [200 - 244] ( Article 1 enacted by Stats. 1937, Ch. 90. ) ## 203.1. If an employer pays an employee in the regular course of employment or in accordance with Section 201, 201.3, 201.5, 201.6, 201.7, 201.8, or 202 any wages or fringe benefits, or both, by check, draft or voucher, which check, draft or voucher is subsequently refused payment because the employer or maker has no account with the bank, institution, or person on which the instrument is drawn, or has insufficient funds in the account upon which the instrument is drawn at the time of its presentation, so long as the same is presented within 30 days of receipt by the employee of the check, draft or voucher, those wages or fringe benefits, or both, shall continue as a penalty from the due date thereof at the same rate until paid or until an action therefor is commenced. However, those wages and fringe benefits shall not continue for more than 30 days and this penalty shall not apply if the employer can establish to the satisfaction of the Labor Commissioner or an appropriate court of law that the violation of this section was unintentional. This penalty also shall not apply in any case in which an employee recovers the service charge authorized by Section 1719 of the Civil Code in an action brought by the employee thereunder. (Amended by Stats. 2019, Ch. 700, Sec. 3.5. (SB 286) Effective January 1, 2020.)
  149. 203.5.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 1. COMPENSATION [200 - 452] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment of Wages [200 - 281] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. General Occupations [200 - 244] ( Article 1 enacted by Stats. 1937, Ch. 90. )

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    If a bonding company or surety willfully fails to pay a verified wage claim, the claim keeps accruing as a penalty from demand date until paid, but for no more than 30 days. The section does not apply to certain contractor’s bonds.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 1. COMPENSATION [200 - 452] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment of Wages [200 - 281] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. General Occupations [200 - 244] ( Article 1 enacted by Stats. 1937, Ch. 90. ) ## 203.5. (a) If a bonding company issuing a bond which secures the payment of wages for labor or the surety on a bond willfully fails to pay, without abatement or reduction, any verified claim made for wages found to be due and payable, the claim for wages shall continue as a penalty against the bonding company or surety from the date on which demand for payment was made at the same rate until paid as the wages upon which the claim is based, except that the claim shall not continue as a penalty for more than 30 days. (b) This section shall not apply to contractor’s bonds required pursuant to Section 7071.6 of the Business and Professions Code. (Amended by Stats. 1989, Ch. 1281, Sec. 1.)
  150. 204.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 1. COMPENSATION [200 - 452] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment of Wages [200 - 281] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. General Occupations [200 - 244] ( Article 1 enacted by Stats. 1937, Ch. 90. )

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    Employers must pay wages on a regular schedule, usually twice each month, with specified deadlines for different pay periods.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 1. COMPENSATION [200 - 452] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment of Wages [200 - 281] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. General Occupations [200 - 244] ( Article 1 enacted by Stats. 1937, Ch. 90. ) ## 204. (a) All wages, other than those mentioned in Section 201, 201.3, 202, 204.1, or 204.2, earned by any person in any employment are due and payable twice during each calendar month, on days designated in advance by the employer as the regular paydays. Labor performed between the 1st and 15th days, inclusive, of any calendar month shall be paid for between the 16th and the 26th day of the month during which the labor was performed, and labor performed between the 16th and the last day, inclusive, of any calendar month, shall be paid for between the 1st and 10th day of the following month. However, salaries of executive, administrative, and professional employees of employers covered by the Fair Labor Standards Act, as set forth pursuant to Section 13(a)(1) of the Fair Labor Standards Act, as amended through March 1, 1969, in Part 541 of Title 29 of the Code of Federal Regulations, as that part now reads or may be amended to read at any time hereafter, may be paid once a month on or before the 26th day of the month during which the labor was performed if the entire month’s salaries, including the unearned portion between the date of payment and the last day of the month, are paid at that time. (b) (1) Notwithstanding any other provision of this section, all wages earned for labor in excess of the normal work period shall be paid no later than the payday for the next regular payroll period. (2) An employer is in compliance with the requirements of subdivision (a) of Section 226 relating to total hours worked by the employee, if hours worked in excess of the normal work period during the current pay period are itemized as corrections on the paystub for the next regular pay period. Any corrections set out in a subsequently issued paystub shall state the inclusive dates of the pay period for which the employer is correcting its initial report of hours worked. (c) However, when employees are covered by a collective bargaining agreement that provides different pay arrangements, those arrangements shall apply to the covered employees. (d) The requirements of this section shall be deemed satisfied by the payment of wages for weekly, biweekly, or semimonthly payroll if the wages are paid not more than seven calendar days following the close of the payroll period. (e) Notwithstanding subdivision (a) of Section 220, all wages earned by employees directly employed by the Regents of the University of California shall be paid on a regular payday. For the employees on a monthly payment schedule, payment is due no later than five days after the close of the monthly payroll period. For employees on a more frequent payment schedule, payment is due according to the pay schedule announced by the University of California in advance. Nothing in this section shall be construed to prohibit the Regents of the University of California from allowing its employees to choose to distribute their pay so that they will receive paychecks throughout the year, rather than during pay periods worked only. (Amended by Stats. 2019, Ch. 508, Sec. 2. (SB 698) Effective January 1, 2020.)
  151. 204.1.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 1. COMPENSATION [200 - 452] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment of Wages [200 - 281] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. General Occupations [200 - 244] ( Article 1 enacted by Stats. 1937, Ch. 90. )

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    Commission wages for employees of a vehicle dealer licensed by the DMV must be paid once each calendar month on a payday the employer sets in advance, unless a collective bargaining agreement sets the payment date.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 1. COMPENSATION [200 - 452] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment of Wages [200 - 281] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. General Occupations [200 - 244] ( Article 1 enacted by Stats. 1937, Ch. 90. ) ## 204.1. Commission wages paid to any person employed by an employer licensed as a vehicle dealer by the Department of Motor Vehicles are due and payable once during each calendar month on a day designated in advance by the employer as the regular payday. Commission wages are compensation paid to any person for services rendered in the sale of such employer’s property or services and based proportionately upon the amount or value thereof. The provisions of this section shall not apply if there exists a collective bargaining agreement between the employer and his employees which provides for the date on which wages shall be paid. (Added by Stats. 1967, Ch. 1170.)
  152. 204.11.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 1. COMPENSATION [200 - 452] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment of Wages [200 - 281] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. General Occupations [200 - 244] ( Article 1 enacted by Stats. 1937, Ch. 90. )

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    Commission wages for certain licensed barbering and cosmetology employees must be paid at least twice each month, and the employee must receive a base hourly rate of at least twice the state minimum wage in pay periods with hours worked.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 1. COMPENSATION [200 - 452] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment of Wages [200 - 281] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. General Occupations [200 - 244] ( Article 1 enacted by Stats. 1937, Ch. 90. ) ## 204.11. Commission wages paid to any employee who is licensed pursuant to the Barbering and Cosmetology Act (Chapter 10 (commencing with Section 7301) of Division 3 of the Business and Professions Code) are due and payable at least twice during each calendar month on a day designated in advance by the employer as the regular payday. For any employee who is licensed pursuant to the Barbering and Cosmetology Act (Chapter 10 (commencing with Section 7301) of Division 3 of the Business and Professions Code), wages that are paid to that employee for providing services for which such a license is required, when paid as a percentage or a flat sum portion of the sums paid to the employer by the client recipient of such service, and for selling goods, constitute commissions, provided that the employee is paid, in every pay period in which hours are worked, a regular base hourly rate of at least two times the state minimum wage rate for all hours worked in addition to commissions paid. The employee and employer may agree to a commission in addition to the base hourly rate. An employee may be compensated for rest and recovery periods at a rate of pay not less than the employee’s regular base hourly rate. Nothing in this section shall be interpreted to limit any rights or remedies otherwise available under state or federal law, including the right to overtime compensation. (Added by Stats. 2017, Ch. 831, Sec. 1. (SB 490) Effective January 1, 2018.)
  153. 204.2.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 1. COMPENSATION [200 - 452] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment of Wages [200 - 281] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. General Occupations [200 - 244] ( Article 1 enacted by Stats. 1937, Ch. 90. )

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    Certain covered employers must pay specified employees’ overtime-related salaries by the 26th day of the next month, unless a collective bargaining agreement sets different pay arrangements.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 1. COMPENSATION [200 - 452] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment of Wages [200 - 281] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. General Occupations [200 - 244] ( Article 1 enacted by Stats. 1937, Ch. 90. ) ## 204.2. Salaries of executive, administrative, and professional employees of employers covered by the Fair Labor Standards Act, as set forth pursuant to Section 13(a)(1) of the Fair Labor Standards Act of 1938, as amended through March 1, 1969, (Title 29, Section 213(a)(1), United States Code) in Part 541 of Title 29 of the Code of Federal Regulations, as that part now reads, earned for labor performed in excess of 40 hours in a calendar week are due and payable on or before the 26th day of the calendar month immediately following the month in which such labor was performed. However, when such employees are covered by a collective bargaining agreement that provides different pay arrangements, those arrangements will apply to the covered employees. (Added by Stats. 1970, Ch. 1237.)
  154. 204.3.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 1. COMPENSATION [200 - 452] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment of Wages [200 - 281] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. General Occupations [200 - 244] ( Article 1 enacted by Stats. 1937, Ch. 90. )

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    Employees may use compensating time off instead of overtime pay if the section’s conditions are met, and employers must keep records and pay out unused time in specified situations.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 1. COMPENSATION [200 - 452] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment of Wages [200 - 281] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. General Occupations [200 - 244] ( Article 1 enacted by Stats. 1937, Ch. 90. ) ## 204.3. (a) An employee may receive, in lieu of overtime compensation, compensating time off at a rate of not less than one and one-half hours for each hour of employment for which overtime compensation is required by law. If an hour of employment would otherwise be compensable at a rate of more than one and one-half times the employee’s regular rate of compensation, then the employee may receive compensating time off commensurate with the higher rate. (b) An employer may provide compensating time off under subdivision (a) if the following four conditions are met: (1) The compensating time off is provided pursuant to applicable provisions of a collective bargaining agreement, memorandum of understanding, or other written agreement between the employer and the duly authorized representative of the employer’s employees; or, in the case of employees not covered by the aforementioned agreement or memorandum of understanding, pursuant to a written agreement entered into between the employer and employee before the performance of the work. (2) The employee has not accrued compensating time in excess of the limit prescribed by subdivision (c). (3) The employee has requested, in writing, compensating time off in lieu of overtime compensation. (4) The employee is regularly scheduled to work no less than 40 hours in a workweek. (c) (1) An employee may not accrue more than 240 hours of compensating time off. Any employee who has accrued 240 hours of compensating time off shall, for any additional overtime hours of work, be paid overtime compensation. (2) If compensation is paid to an employee for accrued compensating time off, the compensation shall be paid at the regular rate earned by the employee at the time the employee receives payment. (d) An employee who has accrued compensating time off authorized to be provided under subdivision (a) shall, upon termination of employment, be paid for the unused compensating time at a rate of compensation not less than the average regular rate received by the employee during the last three years of the employee’s employment, or the final regular rate received by the employee, whichever is higher. (e) (1) An employee who has accrued compensating time off authorized to be provided under subdivision (a), and who has requested the use of that compensating time, shall be permitted by the employee’s employer to use the time within a reasonable period after making the request, if the use of the compensating time does not unduly disrupt the operations of the employer. (2) Upon the request of an employee, the employer shall pay overtime compensation in cash in lieu of compensating time off for any compensating time off that has accrued for at least two pay periods. (3) For purposes of determining whether a request to use compensating time has been granted within a reasonable period, the following factors shall be relevant: (A) The normal schedule of work. (B) Anticipated peak workloads based on past experience. (C) Emergency requirements for staff and services. (D) The availability of qualified substitute staff. (f) Every employer shall keep records that accurately reflect compensating time earned and used. (g) For purposes of this section, the terms “compensating time” and “compensating time off” mean hours during which an employee is not working, which are not counted as hours worked during the applicable workweek or other work period for purposes of overtime compensation, and for which the employee is compensated at the employee’s regular rate. (h) This section shall not apply to any employee exempt from the overtime provisions of the California wage orders. (i) This section shall not apply to any employee who is subject to the following wage orders of the Industrial Welfare Commission: Orders No. 8-80, 13-80, and 14-80 (affecting industries handling products after harvest, industries preparing agricultural products for market on the farm, and agricultural occupations), Order No. 3-80 (affecting the canning, freezing, and preserving industry), Orders No. 5-89 and 10-89 (affecting the public housekeeping and amusement and recreation industries), and Order No. 1-89 (affecting the manufacturing industry). (Added by Stats. 1993, Ch. 544, Sec. 1. Effective January 1, 1994.)
  155. 204a

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 1. COMPENSATION [200 - 452] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment of Wages [200 - 281] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. General Occupations [200 - 244] ( Article 1 enacted by Stats. 1937, Ch. 90. )

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    If employers set up a central wage-payment plan for workers who move interchangeably among employers in the same industry, the chapter generally applies, workers must be paid at the central place, and the plan needs notice to the Labor Commissioner before it takes effect or is abandoned.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 1. COMPENSATION [200 - 452] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment of Wages [200 - 281] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. General Occupations [200 - 244] ( Article 1 enacted by Stats. 1937, Ch. 90. ) ## 204a. When workers are engaged in an employment that normally involves working for several employers in the same industry interchangeably, and the several employers, or some of them, cooperate to establish a plan for the payment of wages at a central place or places and in accordance with a unified schedule of pay days, all the provisions of this chapter except 201, 202, and 208 shall apply. All such workers, including those who have been discharged and those who quit, shall receive their wages at such central place or places. This section shall not apply to any such plan until 10 days after notice of their intention to set up such a plan shall have been given to the Labor Commissioner by the employers who cooperate to establish the plan. Having once been established, no such plan can be abandoned except after notice of their intention to abandon such plan has been given to the Labor Commissioner by the employers intending to abandon the plan. (Added by Stats. 1941, Ch. 11.)
  156. 204b

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 1. COMPENSATION [200 - 452] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment of Wages [200 - 281] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. General Occupations [200 - 244] ( Article 1 enacted by Stats. 1937, Ch. 90. )

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    For weekly-paid employees, Section 204 does not apply if the employer has заранее designated a regular payday; wages for work before or on that payday must be paid by the next week’s payday, and wages for work after that payday must be paid within seven days.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 1. COMPENSATION [200 - 452] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment of Wages [200 - 281] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. General Occupations [200 - 244] ( Article 1 enacted by Stats. 1937, Ch. 90. ) ## 204b. Section 204 shall be inapplicable to employees paid on a weekly basis on a regular day designated by the employer in advance of the rendition of services as the regular payday. Labor performed by a weekly-paid employee during any calendar week and prior to or on the regular payday shall be paid for not later than the regular payday of the employer for such weekly-paid employee falling during the following calendar week. Labor performed by a weekly-paid employee during any calendar week and subsequent to the regular payday shall be paid for not later than seven days after the regular payday of the employer for such weekly-paid employee falling during the following calendar week. (Added by Stats. 1959, Ch. 1564.)
  157. 204c

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 1. COMPENSATION [200 - 452] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment of Wages [200 - 281] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. General Occupations [200 - 244] ( Article 1 enacted by Stats. 1937, Ch. 90. )

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    Section 204 does not apply to certain executive, administrative, or professional employees if they are not covered by a collective bargaining agreement, are not subject to the Fair Labor Standards Act, do not receive overtime pay in monthly remuneration, and are paid within seven days after the monthly payroll period closes.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 1. COMPENSATION [200 - 452] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment of Wages [200 - 281] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. General Occupations [200 - 244] ( Article 1 enacted by Stats. 1937, Ch. 90. ) ## 204c. Section 204 shall be inapplicable to executive, administrative or professional employees who are not covered by any collective bargaining agreement, who are not subject to the Fair Labor Standards Act, whose monthly remuneration does not include overtime pay, and who are paid within seven days of the close of their monthly payroll period. (Added by Stats. 1971, Ch. 343.)
  158. 205.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 1. COMPENSATION [200 - 452] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment of Wages [200 - 281] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. General Occupations [200 - 244] ( Article 1 enacted by Stats. 1937, Ch. 90. )

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    Certain agricultural and domestic employers must pay boarded-and-lodged employees monthly on a payday set in advance, and farm labor contractors must pay workers at least weekly.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 1. COMPENSATION [200 - 452] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment of Wages [200 - 281] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. General Occupations [200 - 244] ( Article 1 enacted by Stats. 1937, Ch. 90. ) ## 205. In agricultural, viticultural, and horticultural pursuits, in stock or poultry raising, and in household domestic service, when the employees in such employments are boarded and lodged by the employer, the wages due any employee remaining in such employment shall become due and payable once in each calendar month on a day designated in advance by the employer as the regular payday. No two successive paydays shall be more than 31 days apart, and the payment shall include all wages up to the regular payday. Notwithstanding the provisions of this section, wages of workers employed by a farm labor contractor shall be paid on payroll periods at least once every week on a business day designated in advance by the farm labor contractor. Payment on such payday shall include all wages earned up to and including the fourth day before such payday. (Amended by Stats. 1976, Ch. 1041.)
  159. 205.5.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 1. COMPENSATION [200 - 452] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment of Wages [200 - 281] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. General Occupations [200 - 244] ( Article 1 enacted by Stats. 1937, Ch. 90. )

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    Agricultural employers must pay covered agricultural employees twice each month, with wages for work in the first half of the month paid later that same month and wages for work in the second half paid in the next month.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 1. COMPENSATION [200 - 452] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment of Wages [200 - 281] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. General Occupations [200 - 244] ( Article 1 enacted by Stats. 1937, Ch. 90. ) ## 205.5. All wages, other than those mentioned in Sections 201 and 202, earned by any agricultural employee, as defined in Section 1140.4, are due and payable twice during each calendar month, on days designated in advance by the agricultural employer as the regular paydays. Labor performed between the 1st and the 15th days, inclusive, of any calendar month shall be paid between the 16th and the 22nd day of the month during which the labor was performed. Labor performed between the 16th and the last day, inclusive, of any calendar month shall be paid between the first and the seventh day of the following month. Agricultural employees, as used in this section, shall not include those employees who are covered by Section 205. (Amended by Stats. 1997, Ch. 92, Sec. 2. Effective January 1, 1998.)
  160. 2050.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 8.5. CAR WASHES [2050 - 2068] ( Part 8.5 added by Stats. 2003, Ch. 825, Sec. 2. ) ## CHAPTER 1. General Provisions [2050 - 2053] ( Chapter 1 added by Stats. 2003, Ch. 825, Sec. 2. )

    Verify source ↗

    This section says the car wash chapter is an exercise of California’s police power and that its civil penalties are additional to any other penalty allowed by law.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 8.5. CAR WASHES [2050 - 2068] ( Part 8.5 added by Stats. 2003, Ch. 825, Sec. 2. ) ## CHAPTER 1. General Provisions [2050 - 2053] ( Chapter 1 added by Stats. 2003, Ch. 825, Sec. 2. ) ## 2050. The enactment of this part is an exercise of the police power of the State of California for the protection for the public welfare, prosperity, health, safety, and peace of its people. The civil penalties provided by this chapter are in addition to any other penalty provided by law. (Added by Stats. 2003, Ch. 825, Sec. 2. Effective January 1, 2004.)
  161. 2051.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 8.5. CAR WASHES [2050 - 2068] ( Part 8.5 added by Stats. 2003, Ch. 825, Sec. 2. ) ## CHAPTER 1. General Provisions [2050 - 2053] ( Chapter 1 added by Stats. 2003, Ch. 825, Sec. 2. )

    Verify source ↗

    This section defines key terms used in the car wash 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 8.5. CAR WASHES [2050 - 2068] ( Part 8.5 added by Stats. 2003, Ch. 825, Sec. 2. ) ## CHAPTER 1. General Provisions [2050 - 2053] ( Chapter 1 added by Stats. 2003, Ch. 825, Sec. 2. ) ## 2051. As used in this part: (a) “Car washing and polishing” means washing, cleaning, drying, polishing, detailing, servicing, or otherwise providing cosmetic care to vehicles. “Car washing and polishing” does not include motor vehicle repair, as defined in Section 9880.1 of the Business and Professions Code. (b) (1) “Employer” means any individual, partnership, corporation, limited liability company, joint venture, or association engaged in the business of car washing and polishing that engages any other individual in providing those services. (2) “Employer” does not include any charitable, youth, service, veteran, or sports group, club, or association that conducts car washing and polishing on an intermittent basis to raise funds for charitable, education, or religious purposes. “Employer” does not include any licensed vehicle dealer or car rental agency that conducts car washing and polishing ancillary to its primary business of selling, leasing, or servicing vehicles. “Employer” does not include either a new motor vehicle dealer, as defined in Section 426 of the Vehicle Code, that is primarily engaged in the business of selling, leasing, renting, or servicing vehicles or an automotive repair dealer, as defined by subdivision (a) of Section 9880.1 of the Business and Professions Code, who is primarily engaged in the business of repairing and diagnosing malfunctions of motor vehicles. “Employer” does not include any self-service car wash or automated car wash that has employees for cashiering or maintenance purposes only. (c) “Employee” means any person, including a minor or a person who is not a citizen or national of the United States, who renders actual car washing and polishing services in any business for an employer, whether for tips or for wages, and whether wages are calculated by time, piece, task, commission, or other method of calculation, and whether the services are rendered on a commission, concessionaire, or other basis. (d) “Commissioner” means the Labor Commissioner. (Amended by Stats. 2021, Ch. 296, Sec. 39. (AB 1096) Effective January 1, 2022.)
  162. 2052.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 8.5. CAR WASHES [2050 - 2068] ( Part 8.5 added by Stats. 2003, Ch. 825, Sec. 2. ) ## CHAPTER 1. General Provisions [2050 - 2053] ( Chapter 1 added by Stats. 2003, Ch. 825, Sec. 2. )

    Verify source ↗

    Every employer must keep accurate 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 8.5. CAR WASHES [2050 - 2068] ( Part 8.5 added by Stats. 2003, Ch. 825, Sec. 2. ) ## CHAPTER 1. General Provisions [2050 - 2053] ( Chapter 1 added by Stats. 2003, Ch. 825, Sec. 2. ) ## 2052. 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) All gratuities received daily by the employer, whether received directly from the employee or indirectly by deduction from the wages of the employee or otherwise. (d) The wage and wage rate paid each payroll period. (e) The age of all minor employees. (f) Any other conditions of employment. (Added by Stats. 2003, Ch. 825, Sec. 2. Effective January 1, 2004.)
  163. 2053.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 8.5. CAR WASHES [2050 - 2068] ( Part 8.5 added by Stats. 2003, Ch. 825, Sec. 2. ) ## CHAPTER 1. General Provisions [2050 - 2053] ( Chapter 1 added by Stats. 2003, Ch. 825, Sec. 2. )

    Verify source ↗

    The Division of Labor Standards and Enforcement must enforce this chapter, 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 8.5. CAR WASHES [2050 - 2068] ( Part 8.5 added by Stats. 2003, Ch. 825, Sec. 2. ) ## CHAPTER 1. General Provisions [2050 - 2053] ( Chapter 1 added by Stats. 2003, Ch. 825, Sec. 2. ) ## 2053. The Division of Labor Standards and Enforcement shall enforce this chapter. The commissioner may adopt any regulations necessary to carry out the provisions of this chapter. (Added by Stats. 2003, Ch. 825, Sec. 2. Effective January 1, 2004.)
  164. 2054.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 8.5. CAR WASHES [2050 - 2068] ( Part 8.5 added by Stats. 2003, Ch. 825, Sec. 2. ) ## CHAPTER 2. Registration [2054 - 2065] ( Chapter 2 added by Stats. 2003, Ch. 825, Sec. 2. )

    Verify source ↗

    Every employer must register with the commissioner each year.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 8.5. CAR WASHES [2050 - 2068] ( Part 8.5 added by Stats. 2003, Ch. 825, Sec. 2. ) ## CHAPTER 2. Registration [2054 - 2065] ( Chapter 2 added by Stats. 2003, Ch. 825, Sec. 2. ) ## 2054. Every employer shall register with the commissioner annually. (Added by Stats. 2003, Ch. 825, Sec. 2. Effective January 1, 2004.)
  165. 2055.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 8.5. CAR WASHES [2050 - 2068] ( Part 8.5 added by Stats. 2003, Ch. 825, Sec. 2. ) ## CHAPTER 2. Registration [2054 - 2065] ( Chapter 2 added by Stats. 2003, Ch. 825, Sec. 2. )

    Verify source ↗

    Car wash employers cannot register or renew registration until they meet listed requirements, including proof of local licensing compliance, a surety bond, workers’ compensation coverage, and required fees.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 8.5. CAR WASHES [2050 - 2068] ( Part 8.5 added by Stats. 2003, Ch. 825, Sec. 2. ) ## CHAPTER 2. Registration [2054 - 2065] ( Chapter 2 added by Stats. 2003, Ch. 825, Sec. 2. ) ## 2055. The commissioner shall not permit any employer to register, or to renew registration, until all of the following conditions are satisfied: (a) The employer has applied for registration to the commissioner by presenting proof of compliance with the local government’s business licensing or regional regulatory requirements. (b) The employer has obtained a surety bond issued by a surety company admitted to do business in this state. The principal sum of the bond shall not be less than one hundred fifty thousand dollars ($150,000). The employer shall file a copy of the bond with the commissioner. (1) The bond required by this section shall be in favor of, and payable to, the people of the State of California, and shall be for the benefit of any employee damaged by his or her employer’s failure to pay wages, interest on wages, or fringe benefits, or damaged by violation of Section 351 or 353. (2) Thirty days prior to the cancellation or termination of any surety bond required by this section, the surety shall send written notice to both the employer and the commissioner, identifying the bond and the date of the cancellation or termination. (3) An employer shall not conduct any business until the employer obtains a new surety bond and files a copy of it with the commissioner. (4) This subdivision shall not apply to an employer covered by a valid collective bargaining agreement, if the agreement expressly provides for all of the following: (A) Wages. (B) Hours of work. (C) Working conditions. (D) An expeditious process to resolve disputes concerning nonpayment of wages. (c) The employer has documented that a current workers’ compensation insurance policy is in effect for the employees. (d) The employer has paid the fees established pursuant to Section 2059. (Amended by Stats. 2014, Ch. 71, Sec. 110. (SB 1304) Effective January 1, 2015.)
  166. 2056.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 8.5. CAR WASHES [2050 - 2068] ( Part 8.5 added by Stats. 2003, Ch. 825, Sec. 2. ) ## CHAPTER 2. Registration [2054 - 2065] ( Chapter 2 added by Stats. 2003, Ch. 825, Sec. 2. )

    Verify source ↗

    When a certificate of registration is first issued or renewed, the commissioner must give the registrant related information about business administration and applicable labor laws.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 8.5. CAR WASHES [2050 - 2068] ( Part 8.5 added by Stats. 2003, Ch. 825, Sec. 2. ) ## CHAPTER 2. Registration [2054 - 2065] ( Chapter 2 added by Stats. 2003, Ch. 825, Sec. 2. ) ## 2056. When a certificate of registration is originally issued or renewed under this chapter, the commissioner shall provide related and supplemental information to the registrant regarding business administration and applicable labor laws. (Added by Stats. 2003, Ch. 825, Sec. 2. Effective January 1, 2004.)
  167. 2057.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 8.5. CAR WASHES [2050 - 2068] ( Part 8.5 added by Stats. 2003, Ch. 825, Sec. 2. ) ## CHAPTER 2. Registration [2054 - 2065] ( Chapter 2 added by Stats. 2003, Ch. 825, Sec. 2. )

    Verify source ↗

    Employers must post the official registration form where employees can read it during the workday.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 8.5. CAR WASHES [2050 - 2068] ( Part 8.5 added by Stats. 2003, Ch. 825, Sec. 2. ) ## CHAPTER 2. Registration [2054 - 2065] ( Chapter 2 added by Stats. 2003, Ch. 825, Sec. 2. ) ## 2057. Proof of registration shall be by an official Division of Labor Standards Enforcement registration form. Each employer shall post the registration form where it may be read by the employees during the workday. (Added by Stats. 2003, Ch. 825, Sec. 2. Effective January 1, 2004.)
  168. 2058.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 8.5. CAR WASHES [2050 - 2068] ( Part 8.5 added by Stats. 2003, Ch. 825, Sec. 2. ) ## CHAPTER 2. Registration [2054 - 2065] ( Chapter 2 added by Stats. 2003, Ch. 825, Sec. 2. )

    Verify source ↗

    The commissioner must mail a renewal notice to each registrant at least 30 days before the registration expires.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 8.5. CAR WASHES [2050 - 2068] ( Part 8.5 added by Stats. 2003, Ch. 825, Sec. 2. ) ## CHAPTER 2. Registration [2054 - 2065] ( Chapter 2 added by Stats. 2003, Ch. 825, Sec. 2. ) ## 2058. At least 30 days prior to the expiration of each registrant’s registration, the commissioner shall mail a renewal notice to the last known address of the registrant. However, omission of the commissioner to provide the renewal notice in accordance with this subdivision may not excuse a registrant from making timely application for renewal of registration, may not be a defense in any action or proceeding involving failure to renew registration, and may not subject the commissioner to any legal liability. (Added by Stats. 2003, Ch. 825, Sec. 2. Effective January 1, 2004.)
  169. 2059.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 8.5. CAR WASHES [2050 - 2068] ( Part 8.5 added by Stats. 2003, Ch. 825, Sec. 2. ) ## CHAPTER 2. Registration [2054 - 2065] ( Chapter 2 added by Stats. 2003, Ch. 825, Sec. 2. )

    Verify source ↗

    The commissioner must collect a registration fee from employers for each branch location, and employers must also pay an annual fee equal to 20% of that registration fee. The commissioner may adjust the registration fee, but not increase it unless the published fund balance is projected to fall below 25% of annual expenditures.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 8.5. CAR WASHES [2050 - 2068] ( Part 8.5 added by Stats. 2003, Ch. 825, Sec. 2. ) ## CHAPTER 2. Registration [2054 - 2065] ( Chapter 2 added by Stats. 2003, Ch. 825, Sec. 2. ) ## 2059. (a) (1) The commissioner shall collect from employers a registration fee for each branch location, and, except as provided in paragraph (2), may periodically adjust the registration fee, in an amount sufficient to fund all direct and indirect costs to administer and enforce this part. (2) The fee established pursuant to paragraph (1) shall not be increased unless the published fund balance is projected to fall below 25 percent of annual expenditures. (b) In addition to the fee in subdivision (a), each employer shall be assessed an annual fee in an amount equivalent to 20 percent of the registration fee collected pursuant to subdivision (a) for each branch location that shall be deposited in the Car Wash Worker Restitution Fund. (Amended by Stats. 2016, Ch. 31, Sec. 185. (SB 836) Effective June 27, 2016.)
  170. 206.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 1. COMPENSATION [200 - 452] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment of Wages [200 - 281] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. General Occupations [200 - 244] ( Article 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    In a wage dispute, the employer must pay the wages it admits are due, and if the Labor Commissioner later finds an employee’s wage claim valid, the employer must pay within 10 days after notice.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 1. COMPENSATION [200 - 452] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment of Wages [200 - 281] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. General Occupations [200 - 244] ( Article 1 enacted by Stats. 1937, Ch. 90. ) ## 206. (a) In case of a dispute over wages, the employer shall pay, without condition and within the time set by this article, all wages, or parts thereof, conceded by him to be due, leaving to the employee all remedies he might otherwise be entitled to as to any balance claimed. (b) If, after an investigation and hearing, the Labor Commissioner has determined the validity of any employee’s claim for wages, the claim is due and payable within 10 days after receipt of notice by the employer that such wages are due. Any employer having the ability to pay who willfully fails to pay such wages within 10 days shall, in addition to any other applicable penalty, pay treble the amount of any damages accruing to the employee as a direct and foreseeable consequence of such failure to pay. (Amended by Stats. 1975, Ch. 312.)
  171. 206.5.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 1. COMPENSATION [200 - 452] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment of Wages [200 - 281] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. General Occupations [200 - 244] ( Article 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    An employer may not require a worker to sign away wage claims unless the wages have already been paid.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 1. COMPENSATION [200 - 452] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment of Wages [200 - 281] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. General Occupations [200 - 244] ( Article 1 enacted by Stats. 1937, Ch. 90. ) ## 206.5. (a) An employer shall not require the execution of a release of a claim or right on account of wages due, or to become due, or made as an advance on wages to be earned, unless payment of those wages has been made. A release required or executed in violation of the provisions of this section shall be null and void as between the employer and the employee. Violation of this section by the employer is a misdemeanor. (b) For purposes of this section, “execution of a release” includes requiring an employee, as a condition of being paid, to execute a statement of the hours he or she worked during a pay period which the employer knows to be false. (Amended by Stats. 2008, Ch. 224, Sec. 1. Effective January 1, 2009.)
  172. 2060.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 8.5. CAR WASHES [2050 - 2068] ( Part 8.5 added by Stats. 2003, Ch. 825, Sec. 2. ) ## CHAPTER 2. Registration [2054 - 2065] ( Chapter 2 added by Stats. 2003, Ch. 825, Sec. 2. )

    Verify source ↗

    An employer may not conduct business unless it complies with this chapter’s registration and bond requirements.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 8.5. CAR WASHES [2050 - 2068] ( Part 8.5 added by Stats. 2003, Ch. 825, Sec. 2. ) ## CHAPTER 2. Registration [2054 - 2065] ( Chapter 2 added by Stats. 2003, Ch. 825, Sec. 2. ) ## 2060. No employer may conduct any business without complying with the registration and bond requirements of this chapter. (Added by Stats. 2003, Ch. 825, Sec. 2. Effective January 1, 2004.)
  173. 2061.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 8.5. CAR WASHES [2050 - 2068] ( Part 8.5 added by Stats. 2003, Ch. 825, Sec. 2. ) ## CHAPTER 2. Registration [2054 - 2065] ( Chapter 2 added by Stats. 2003, Ch. 825, Sec. 2. )

    Verify source ↗

    An employer’s registration cannot be approved until the employer files a sworn written application with the required information and pays the registration fee.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 8.5. CAR WASHES [2050 - 2068] ( Part 8.5 added by Stats. 2003, Ch. 825, Sec. 2. ) ## CHAPTER 2. Registration [2054 - 2065] ( Chapter 2 added by Stats. 2003, Ch. 825, Sec. 2. ) ## 2061. The commissioner may 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, subscribed, and sworn by the employer containing 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 Secretary of State. (3) The federal employer identification number (FEIN) and the state employer identification number (SEIN) of the business. (4) The business’ address and telephone number and, if applicable, the addresses and telephone numbers of any branch locations. (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 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 employees 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. (8) Whether any persons named in response to subparagraphs (A), (B), or (C) of subparagraph (6) of this section presently: (A) Owe any unpaid wages. (B) Have unpaid judgments outstanding. (C) Have any liens or suits pending in court against himself or herself. (D) Owe payroll taxes, or personal, partnership, or corporate income taxes, Social Security taxes, or disability insurance. An applicant who answers affirmatively to any item described in paragraph (8) 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) Whether any persons named in response to subparagraphs (A), (B), or (C) of paragraph (6) of this section have ever been cited or assessed any penalty for violating any provision of the Labor Code. An applicant who answers affirmatively to any item described in paragraph (9) 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. (b) The employer has paid a registration fee to the commissioner pursuant to subdivision (d) of Section 2055. (Added by Stats. 2003, Ch. 825, Sec. 2. Effective January 1, 2004.)
  174. 2062.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 8.5. CAR WASHES [2050 - 2068] ( Part 8.5 added by Stats. 2003, Ch. 825, Sec. 2. ) ## CHAPTER 2. Registration [2054 - 2065] ( Chapter 2 added by Stats. 2003, Ch. 825, Sec. 2. )

    Verify source ↗

    The commissioner may not register or renew an employer’s registration if certain wage, unemployment contribution, or FICA tax debts remain unpaid.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 8.5. CAR WASHES [2050 - 2068] ( Part 8.5 added by Stats. 2003, Ch. 825, Sec. 2. ) ## CHAPTER 2. Registration [2054 - 2065] ( Chapter 2 added by Stats. 2003, Ch. 825, Sec. 2. ) ## 2062. The commissioner may 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 had 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. (Added by Stats. 2003, Ch. 825, Sec. 2. Effective January 1, 2004.)
  175. 2063.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 8.5. CAR WASHES [2050 - 2068] ( Part 8.5 added by Stats. 2003, Ch. 825, Sec. 2. ) ## CHAPTER 2. Registration [2054 - 2065] ( Chapter 2 added by Stats. 2003, Ch. 825, Sec. 2. )

    Verify source ↗

    The Labor Commissioner must post a list of registered car washing and polishing businesses on the Department of Industrial Relations website.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 8.5. CAR WASHES [2050 - 2068] ( Part 8.5 added by Stats. 2003, Ch. 825, Sec. 2. ) ## CHAPTER 2. Registration [2054 - 2065] ( Chapter 2 added by Stats. 2003, Ch. 825, Sec. 2. ) ## 2063. On the Web site of the Department of Industrial Relations the Labor Commissioner shall post a list of registered car washing and polishing businesses, including the name, address, registration number, and effective dates of registration. (Added by Stats. 2003, Ch. 825, Sec. 2. Effective January 1, 2004.)
  176. 2064.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 8.5. CAR WASHES [2050 - 2068] ( Part 8.5 added by Stats. 2003, Ch. 825, Sec. 2. ) ## CHAPTER 2. Registration [2054 - 2065] ( Chapter 2 added by Stats. 2003, Ch. 825, Sec. 2. )

    Verify source ↗

    An employer who fails to register under Section 2054 can be fined $100 for each day the car wash operates while unregistered, up to $10,000.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 8.5. CAR WASHES [2050 - 2068] ( Part 8.5 added by Stats. 2003, Ch. 825, Sec. 2. ) ## CHAPTER 2. Registration [2054 - 2065] ( Chapter 2 added by Stats. 2003, Ch. 825, Sec. 2. ) ## 2064. An employer who fails to register pursuant to Section 2054 is subject to a civil fine of one hundred dollars ($100) for each calendar day, not to exceed ten thousand dollars ($10,000), the employer conducts car washing and polishing while unregistered. (Added by Stats. 2003, Ch. 825, Sec. 2. Effective January 1, 2004.)
  177. 2065.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 8.5. CAR WASHES [2050 - 2068] ( Part 8.5 added by Stats. 2003, Ch. 825, Sec. 2. ) ## CHAPTER 2. Registration [2054 - 2065] ( Chapter 2 added by Stats. 2003, Ch. 825, Sec. 2. )

    Verify source ↗

    This section creates two state treasury funds for car wash worker restitution and enforcement, directs certain fees and fines into them, lets the commissioner disburse restitution money to harmed persons, and allows the Department of Industrial Relations to set procedures by regulation.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 8.5. CAR WASHES [2050 - 2068] ( Part 8.5 added by Stats. 2003, Ch. 825, Sec. 2. ) ## CHAPTER 2. Registration [2054 - 2065] ( Chapter 2 added by Stats. 2003, Ch. 825, Sec. 2. ) ## 2065. (a) The Car Wash Worker Restitution Fund is established in the State Treasury. (1) The following moneys shall be deposited into this fund: (A) The annual fee required pursuant to subdivision (b) of Section 2059. (B) Fifty percent of the fines collected pursuant to Section 2064. (C) Pursuant to subdivision (b) of Section 2059, an amount equal to 20 percent of the initial registration fee required pursuant to subdivision (a) of Section 2059. (2) Upon appropriation by the Legislature, the moneys in the fund shall be disbursed by the commissioner only to persons determined by the commissioner to have been damaged by the failure to pay wages and penalties and other damages by any employer. (A) In making this determination, the Labor Commissioner shall disburse amounts from the fund to ensure the payment of wages, interest, 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 a car wash worker as a result of a violation of this code by a registered or unregistered car wash business. (B) Any disbursement shall be made pursuant to a claim for recovery from the fund in accordance with procedures prescribed by the Labor Commissioner. (C) Any disbursed funds subsequently recovered by the Labor Commissioner from a liable party pursuant to an assignment of the claim to the commissioner for recovery of due amounts, including recovery from a surety under a bond pursuant to Section 2055, or which are otherwise recovered by the Labor Commissioner from a liable party, shall be returned to the fund. (b) The Car Wash Worker Fund is established in the State Treasury. (1) The following moneys shall be deposited into this fund: (A) Fifty percent of the fines collected pursuant to Section 2064. (B) The initial registration fee required pursuant to subdivision (a) of Section 2059, less the amount specified in subparagraph (C) of paragraph (1) of subdivision (a). (2) Upon appropriation by the Legislature, the moneys in this fund shall be applied to all direct and indirect costs incurred by the commissioner in administering this part and all direct and indirect costs of enforcement and investigation of the car washing and polishing industry. (c) The Department of Industrial Relations may establish by regulation those procedures necessary to carry out this section. (Amended by Stats. 2017, Ch. 28, Sec. 27. (SB 96) Effective June 27, 2017.)
  178. 2066.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 8.5. CAR WASHES [2050 - 2068] ( Part 8.5 added by Stats. 2003, Ch. 825, Sec. 2. ) ## CHAPTER 3. Successorship [2066- 2066.] ( Chapter 3 added by Stats. 2003, Ch. 825, Sec. 2. )

    Verify source ↗

    A successor to a car washing and polishing employer can be liable for the predecessor’s unpaid wages and penalties if it meets one of the listed conditions.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 8.5. CAR WASHES [2050 - 2068] ( Part 8.5 added by Stats. 2003, Ch. 825, Sec. 2. ) ## CHAPTER 3. Successorship [2066- 2066.] ( Chapter 3 added by Stats. 2003, Ch. 825, Sec. 2. ) ## 2066. A successor to any employer that is engaged in car washing and polishing that owed wages and penalties to the predecessor’s former employee or employees is liable for those wages and penalties if the successor meets any of the following criteria: (a) Uses substantially the same facilities or workforce to offer substantially the same services as the predecessor employer. (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 employees 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. (Added by Stats. 2003, Ch. 825, Sec. 2. Effective January 1, 2004.)
  179. 2068.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 8.5. CAR WASHES [2050 - 2068] ( Part 8.5 added by Stats. 2003, Ch. 825, Sec. 2. ) ## CHAPTER 5. Reporting [2068- 2068.] ( Chapter 5 added by Stats. 2006, Ch. 656, Sec. 2. )

    Verify source ↗

    The commissioner must study and report to the Legislature on labor law violations and enforcement in the car washing and polishing industry by December 31, 2008.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 8.5. CAR WASHES [2050 - 2068] ( Part 8.5 added by Stats. 2003, Ch. 825, Sec. 2. ) ## CHAPTER 5. Reporting [2068- 2068.] ( Chapter 5 added by Stats. 2006, Ch. 656, Sec. 2. ) ## 2068. The commissioner shall study and report to the Legislature, not later than December 31, 2008, on the status of labor law violations and enforcement in the car washing and polishing industry. (Added by Stats. 2006, Ch. 656, Sec. 2. Effective January 1, 2007.)
  180. 207.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 1. COMPENSATION [200 - 452] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment of Wages [200 - 281] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. General Occupations [200 - 244] ( Article 1 enacted by Stats. 1937, Ch. 90. )

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    Employers must post a notice about regular pay days and the time and place of payment at the workplace or another visible payment location.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 1. COMPENSATION [200 - 452] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment of Wages [200 - 281] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. General Occupations [200 - 244] ( Article 1 enacted by Stats. 1937, Ch. 90. ) ## 207. Every employer shall keep posted conspicuously at the place of work, if practicable, or otherwise where it can be seen as employees come or go to their places of work, or at the office or nearest agency for payment kept by the employer, a notice specifying the regular pay days and the time and place of payment, in accordance with this article. (Enacted by Stats. 1937, Ch. 90.)
  181. 208.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 1. COMPENSATION [200 - 452] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment of Wages [200 - 281] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. General Occupations [200 - 244] ( Article 1 enacted by Stats. 1937, Ch. 90. )

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    An employer must pay a discharged employee at the place of discharge, and a quitting employee at the employer’s office or agency in the county where the employee worked.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 1. COMPENSATION [200 - 452] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment of Wages [200 - 281] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. General Occupations [200 - 244] ( Article 1 enacted by Stats. 1937, Ch. 90. ) ## 208. Every employee who is discharged shall be paid at the place of discharge, and every employee who quits shall be paid at the office or agency of the employer in the county where the employee has been performing labor. All payments shall be made in the manner provided by law. (Enacted by Stats. 1937, Ch. 90.)
  182. 209.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 1. COMPENSATION [200 - 452] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment of Wages [200 - 281] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. General Occupations [200 - 244] ( Article 1 enacted by Stats. 1937, Ch. 90. )

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    If a strike occurs, unpaid wages earned by striking employees are due on the next regular pay day, and the employer must return any employee deposit or guaranty tied to faithful performance of the job.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 1. COMPENSATION [200 - 452] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment of Wages [200 - 281] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. General Occupations [200 - 244] ( Article 1 enacted by Stats. 1937, Ch. 90. ) ## 209. In the event of any strike, the unpaid wages earned by striking employees shall become due and payable on the next regular pay day, and the payment or settlement thereof shall include all amounts due the striking employees without abatement or reduction. The employer shall return to each striking employee any deposit, money, or other guaranty required by him from the employee for the faithful performance of the duties of the employment. (Enacted by Stats. 1937, Ch. 90.)
  183. 21.

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

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    This section defines “Labor Commissioner” as the Chief of the Division of Labor Standards Enforcement.

    ## Labor Code - LAB ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 90. ) ## 21. “Labor Commissioner” means Chief of the Division of Labor Standards Enforcement. (Amended by Stats. 1976, Ch. 746.)
  184. 210.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 1. COMPENSATION [200 - 452] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment of Wages [200 - 281] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. General Occupations [200 - 244] ( Article 1 enacted by Stats. 1937, Ch. 90. )

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    This section imposes penalties on anyone who fails to pay wages as required by specified Labor Code sections.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 1. COMPENSATION [200 - 452] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment of Wages [200 - 281] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. General Occupations [200 - 244] ( Article 1 enacted by Stats. 1937, Ch. 90. ) ## 210. (a) In addition to, and entirely independent and apart from, any other penalty provided in this article, every person who fails to pay the wages of each employee as provided in Sections 201.3, 204, 204b, 204.1, 204.2, 204.11, 205, 205.5, and 1197.5, shall be subject to a penalty as follows: (1) For any initial violation, one hundred dollars ($100) for each failure to pay each employee. (2) For each subsequent violation, or any willful or intentional violation, two hundred dollars ($200) for each failure to pay each employee, plus 25 percent of the amount unlawfully withheld. (b) The penalty shall either be recovered by the employee as a statutory penalty pursuant to Section 98 or by the Labor Commissioner as a civil penalty through the issuance of a citation or pursuant to Section 98.3. The procedures for issuing, contesting, and enforcing judgments for citations issued by the Labor Commissioner under this section shall be the same as those set forth in subdivisions (b) through (k), inclusive, of Section 1197.1. (c) An employee is only entitled to either recover the statutory penalty provided for in this section or to enforce a civil penalty as set forth in subdivision (a) of Section 2699, but not both, for the same violation. (Amended by Stats. 2019, Ch. 716, Sec. 1. (AB 673) Effective January 1, 2020.)
  185. 2100.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 8.6. Warehouse Distribution Centers [2100 - 2112] ( Part 8.6 added by Stats. 2021, Ch. 197, Sec. 3. )

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    This section defines key terms used for warehouse distribution center rules, including who counts as an employer or employee and what counts as employee work speed data or a warehouse distribution center.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 8.6. Warehouse Distribution Centers [2100 - 2112] ( Part 8.6 added by Stats. 2021, Ch. 197, Sec. 3. ) ## 2100. As used in this part: (a) “Commissioner” means the Labor Commissioner. (b) “Defined time period” means any unit of time measurement equal to or less than the duration of an employee’s shift, and includes hours, minutes, and seconds and any fraction thereof. (c) “Division” means the Division of Occupational Safety and Health. (d) “Employee” means a nonexempt employee who works at a warehouse distribution center. (e) (1) “Employee work speed data” means information an employer collects, stores, analyzes, or interprets relating to an individual employee’s performance of a quota, including, but not limited to, quantities of tasks performed, quantities of items or materials handled or produced, rates or speeds of tasks performed, measurements or metrics of employee performance in relation to a quota, and time categorized as performing tasks or not performing tasks. (2) “Employee work speed data” does not include qualitative performance assessments, personnel records, or itemized wage statements pursuant to Section 226, except for any content of those records that includes employee work speed data as defined in this part. (f) “Employer” means a person 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 100 or more employees at a single warehouse distribution center or 1,000 or more employees at one or more warehouse distribution centers in the state. For purposes of this definition, all employees of an employer’s commonly controlled group, as that term is defined in Section 25105 of the Revenue and Taxation Code, shall be counted in determining the number of employees employed at a single warehouse distribution center or at one or more warehouse distribution centers in the state. (g) “Person” means an individual, corporation, partnership, limited partnership, limited liability partnership, limited liability company, business trust, estate, trust, association, joint venture, agency, instrumentality, or any other legal or commercial entity, whether domestic or foreign. (h) “Quota” means a work standard under which an employee is assigned or required to perform at a specified productivity speed, or perform a quantified number of tasks, or to handle or produce a quantified amount of material, within a defined time period and under which the employee may suffer an adverse employment action if they fail to complete the performance standard. (i) (1) “Warehouse distribution center” means an establishment as defined by any of the following North American Industry Classification System (NAICS) Codes, however that establishment is denominated: (A) 493110 for General Warehousing and Storage. (B) 423 for Merchant Wholesalers, Durable Goods. (C) 424 for Merchant Wholesalers, Nondurable Goods. (D) 454110 for Electronic Shopping and Mail-Order Houses. (2) The term “warehouse distribution center” does not include NAICS Code 493130, Farm Product Warehousing and Storage. (Added by Stats. 2021, Ch. 197, Sec. 3. (AB 701) Effective January 1, 2022.)
  186. 2101.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 8.6. Warehouse Distribution Centers [2100 - 2112] ( Part 8.6 added by Stats. 2021, Ch. 197, Sec. 3. )

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    Employers must give each employee a written description of any quota that applies to them.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 8.6. Warehouse Distribution Centers [2100 - 2112] ( Part 8.6 added by Stats. 2021, Ch. 197, Sec. 3. ) ## 2101. Each employer shall provide to each employee, upon hire, or within 30 days of the effective date of this part, a written description of each quota to which the employee is subject, including the quantified number of tasks to be performed or materials to be produced or handled, within the defined time period, and any potential adverse employment action that could result from failure to meet the quota. (Added by Stats. 2021, Ch. 197, Sec. 3. (AB 701) Effective January 1, 2022.)
  187. 2102.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 8.6. Warehouse Distribution Centers [2100 - 2112] ( Part 8.6 added by Stats. 2021, Ch. 197, Sec. 3. )

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    Employers may not take adverse employment action over quota noncompliance in the situations described, and employees cannot be required to meet quotas that block meal or rest breaks, bathroom access, or safety-law compliance.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 8.6. Warehouse Distribution Centers [2100 - 2112] ( Part 8.6 added by Stats. 2021, Ch. 197, Sec. 3. ) ## 2102. An employee shall not be required to meet a quota that prevents compliance with meal or rest periods, use of bathroom facilities, including reasonable travel time to and from bathroom facilities, or occupational health and safety laws in the Labor Code or division standards. An employer shall not take adverse employment action against an employee for failure to meet a quota that does not allow a worker to comply with meal and rest periods, or occupational health and safety laws in the Labor Code or division standards, or for failure to meet a quota that has not been disclosed to the employee pursuant to Section 2101. (Added by Stats. 2021, Ch. 197, Sec. 3. (AB 701) Effective January 1, 2022.)
  188. 2103.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 8.6. Warehouse Distribution Centers [2100 - 2112] ( Part 8.6 added by Stats. 2021, Ch. 197, Sec. 3. )

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    Employee actions taken to comply with occupational health and safety laws count as time on task and productive time for quota or monitoring systems.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 8.6. Warehouse Distribution Centers [2100 - 2112] ( Part 8.6 added by Stats. 2021, Ch. 197, Sec. 3. ) ## 2103. (a) Any actions taken by an employee to comply with occupational health and safety laws in the Labor Code or division standards shall be considered time on task and productive time for purposes of any quota or monitoring system. (b) Notwithstanding subdivision (a), consistent with existing law, meal and rest breaks are not considered productive time unless the employee is required to remain on call. (Added by Stats. 2021, Ch. 197, Sec. 3. (AB 701) Effective January 1, 2022.)
  189. 2104.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 8.6. Warehouse Distribution Centers [2100 - 2112] ( Part 8.6 added by Stats. 2021, Ch. 197, Sec. 3. )

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    Employees who think quotas caused meal/rest violations or safety-law violations can request quota and work-speed records, and employers must provide them within 21 calendar days.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 8.6. Warehouse Distribution Centers [2100 - 2112] ( Part 8.6 added by Stats. 2021, Ch. 197, Sec. 3. ) ## 2104. (a) (1) If a current or former employee believes that meeting a quota caused a violation of their right to a meal or rest period or required them to violate any occupational health and safety laws in the Labor Code or division standards, they have the right to request, and the employer shall provide, a written description of each quota to which the employee is subject and a copy of the most recent 90 days of the employee’s own personal work speed data. (2) If a former employee requests a written description of the quotas to which they were subject and a copy of their own personal work speed data pursuant to paragraph (1), the employer shall provide 90 days of the former employee’s quotas and personal work speed data for the 90 days prior to the date of the employee’s separation from the employer. (3) A former employee is limited to one request pursuant to this subdivision. (b) An employer that receives a written or oral request for information pursuant to subdivision (a) shall comply with the request as soon as practicable, but no later than 21 calendar days from the date of the request. (c) Nothing in this section requires an employer to use quotas or monitor work speed data. An employer that does not monitor this data has no obligation to provide it. (Added by Stats. 2021, Ch. 197, Sec. 3. (AB 701) Effective January 1, 2022.)
  190. 2105.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 8.6. Warehouse Distribution Centers [2100 - 2112] ( Part 8.6 added by Stats. 2021, Ch. 197, Sec. 3. )

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    An employer may trigger a rebuttable presumption of unlawful retaliation if it discriminates, retaliates, or takes adverse action against an employee within 90 days after certain protected quota-related actions.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 8.6. Warehouse Distribution Centers [2100 - 2112] ( Part 8.6 added by Stats. 2021, Ch. 197, Sec. 3. ) ## 2105. For purposes of this part, there shall be a rebuttable presumption of unlawful retaliation if an employer in any manner discriminates, retaliates, or takes any adverse action against any employee within 90 days of the employee doing either of the following: (a) Initiating the employee’s first request in a calendar year for information about a quota or personal work speed data pursuant to subdivision (a) of Section 2104. (b) Making a complaint related to a quota alleging any violation of Sections 2101 to 2104, inclusive, to the commissioner, the division, other local or state governmental agency, or the employer. (Added by Stats. 2021, Ch. 197, Sec. 3. (AB 701) Effective January 1, 2022.)
  191. 2106.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 8.6. Warehouse Distribution Centers [2100 - 2112] ( Part 8.6 added by Stats. 2021, Ch. 197, Sec. 3. )

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    If there is a complaint about a violation of this part, a state or local enforcement entity may request or subpoena warehouse distribution center quota records and employee work speed data.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 8.6. Warehouse Distribution Centers [2100 - 2112] ( Part 8.6 added by Stats. 2021, Ch. 197, Sec. 3. ) ## 2106. Upon receiving a complaint regarding a violation of this part, a state or local enforcement entity may request or subpoena the records of warehouse distribution center quotas and employee work speed data. (Added by Stats. 2021, Ch. 197, Sec. 3. (AB 701) Effective January 1, 2022.)
  192. 2107.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 8.6. Warehouse Distribution Centers [2100 - 2112] ( Part 8.6 added by Stats. 2021, Ch. 197, Sec. 3. )

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    The commissioner must enforce this part, coordinate with labor-related divisions, report specified warehouse enforcement data to the Legislature, and may adopt complaint procedure regulations.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 8.6. Warehouse Distribution Centers [2100 - 2112] ( Part 8.6 added by Stats. 2021, Ch. 197, Sec. 3. ) ## 2107. (a) The commissioner shall do all of the following: (1) The commissioner shall enforce this part by engaging in coordinated and strategic enforcement efforts with the divisions within the Department of Industrial Relations, including the Division of Occupational Safety and Health and the Division of Workers’ Compensation. The commissioner shall have access to data from the department including employer-reported injury data and enforcement actions in warehouses, and the identity of uninsured employers, and employers who are committing workers’ compensation fraud, wage theft, or other information relevant to the commissioner’s authority. (2) The commissioner shall strategically collaborate with stakeholders to educate workers and employers about their rights and obligations under this part, respectively, in order to increase compliance. (3) (A) The commissioner shall report to the Legislature by January 1, 2023, the number of claims filed with the commissioner under this part, data on warehouse production quotas in warehouses in which the Division of Workers’ Compensation has indicated that annual employee injury rates are above the industry average, and the number of investigations undertaken and enforcement actions initiated, per employer. (B) The requirement for submitting a report imposed under subparagraph (A) is inoperative on January 1, 2027, pursuant to Section 10231.5 of the Government Code. (C) A report to be submitted pursuant to subparagraph (A) shall be submitted in compliance with Section 9795 of the Government Code. (b) If a particular worksite or employer is found to have an annual employee injury rate of at least 1.5 times higher than the warehousing industry’s average annual injury rate, the Division of Occupational Safety and Health or the Division of Workers’ Compensation shall notify the commissioner, and the commissioner shall determine whether an investigation of violations pursuant to this part, if relevant to the commissioner’s authority, is appropriate. The commissioner may coordinate enforcement with other divisions within the Department of Industrial Relations, as needed. (c) The commissioner shall have the authority to adopt regulations relating to the procedures for an employee to make a complaint alleging a violation of this part. (d) The commissioner shall enforce this part using the procedures set forth in Sections 98, 98.3, 98.7, 98.74, and 1197.1. (e) In any successful action brought by the commissioner to enforce this part, the court may grant injunctive relief in order to obtain compliance with the part, and shall award costs and reasonable attorney’s fee. (Added by Stats. 2021, Ch. 197, Sec. 3. (AB 701) Effective January 1, 2022.)
  193. 2108.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 8.6. Warehouse Distribution Centers [2100 - 2112] ( Part 8.6 added by Stats. 2021, Ch. 197, Sec. 3. )

    Verify source ↗

    Current or former employees may sue for injunctive relief to enforce Sections 2101 to 2104, and prevailing employees may recover costs and reasonable attorney’s fees.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 8.6. Warehouse Distribution Centers [2100 - 2112] ( Part 8.6 added by Stats. 2021, Ch. 197, Sec. 3. ) ## 2108. A current or former employee may bring an action for injunctive relief to obtain compliance with Sections 2101 to 2104, inclusive, and may, upon prevailing in the action, recover costs and reasonable attorney’s fees in that action. In any action involving a quota that prevented the compliance with regulations promulgated by the Occupational Safety and Health Standards Board, the injunctive relief shall be limited to suspension of the quota and any adverse action that resulted from its enforcement. (Added by Stats. 2021, Ch. 197, Sec. 3. (AB 701) Effective January 1, 2022.)
  194. 2109.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 8.6. Warehouse Distribution Centers [2100 - 2112] ( Part 8.6 added by Stats. 2021, Ch. 197, Sec. 3. )

    Verify source ↗

    In certain employee actions, the employer has a right to cure alleged violations, and the employee must follow the procedural requirements in Section 2699.3 when occupational health and safety violations are alleged.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 8.6. Warehouse Distribution Centers [2100 - 2112] ( Part 8.6 added by Stats. 2021, Ch. 197, Sec. 3. ) ## 2109. In any action by a current or former employee that could be brought pursuant to the Labor Code Private Attorneys General Act of 2004 (Part 13 (commencing with Section 2698)) for violations of this part, the employer shall have the right to cure alleged violations as set forth in Section 2699.3. If, in that action, a violation of any occupational health and safety laws in the Labor Code or division standards contained in or interpreting Division 5 (commencing with Section 6300) is alleged, the current or former employee shall comply with the applicable procedural requirements of subdivision (b) of Section 2699.3. (Added by Stats. 2021, Ch. 197, Sec. 3. (AB 701) Effective January 1, 2022.)
  195. 211.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 1. COMPENSATION [200 - 452] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment of Wages [200 - 281] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. General Occupations [200 - 244] ( Article 1 enacted by Stats. 1937, Ch. 90. )

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    In penalty actions, the state and division do not pay court costs; sheriffs or marshals must serve summonses without cost to the division, a demand is required before filing, and the division may accept payment of penalties with or without suit.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 1. COMPENSATION [200 - 452] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment of Wages [200 - 281] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. General Occupations [200 - 244] ( Article 1 enacted by Stats. 1937, Ch. 90. ) ## 211. When action to recover such penalties is brought, no court costs shall be payable by the state or the division. Any sheriff or marshal who serves the summons in the action upon any defendant within his or her jurisdiction shall do so without cost to the division. The sheriff or marshal shall specify in the return what costs he or she would ordinarily have been entitled to for such service, and those costs and the other regular court costs that would have accrued were the action not on behalf of the state shall be made a part of any judgment recovered by the plaintiff and shall be paid out of the first money recovered on the judgment. Several causes of action for the penalties may be united in the same action without being separately stated. A demand is a prerequisite to the bringing of any action under this section or Section 210. The division on behalf of the state may accept and receipt for any penalties so paid, with or without suit. (Amended by Stats. 1996, Ch. 872, Sec. 105. Effective January 1, 1997.)
  196. 2110.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 8.6. Warehouse Distribution Centers [2100 - 2112] ( Part 8.6 added by Stats. 2021, Ch. 197, Sec. 3. )

    Verify source ↗

    This section says the Attorney General, district attorney, or city attorney may still prosecute or enforce violations of this part.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 8.6. Warehouse Distribution Centers [2100 - 2112] ( Part 8.6 added by Stats. 2021, Ch. 197, Sec. 3. ) ## 2110. This part does not limit the authority of the Attorney General, a district attorney, or a city attorney, either upon their own complaint or the complaint of any person acting for themselves or the general public, to prosecute actions, either civil or criminal, for violations of this part, or to enforce the provisions thereof independently and without specific direction of the commissioner or the division. (Added by Stats. 2021, Ch. 197, Sec. 3. (AB 701) Effective January 1, 2022.)
  197. 2111.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 8.6. Warehouse Distribution Centers [2100 - 2112] ( Part 8.6 added by Stats. 2021, Ch. 197, Sec. 3. )

    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 8.6. Warehouse Distribution Centers [2100 - 2112] ( Part 8.6 added by Stats. 2021, Ch. 197, Sec. 3. ) ## 2111. 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. 2021, Ch. 197, Sec. 3. (AB 701) Effective January 1, 2022.)
  198. 2112.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 8.6. Warehouse Distribution Centers [2100 - 2112] ( Part 8.6 added by Stats. 2021, Ch. 197, Sec. 3. )

    Verify source ↗

    This section says the part is severable: if one provision or its application is invalid, the rest still applies when it can operate without the invalid part.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 8.6. Warehouse Distribution Centers [2100 - 2112] ( Part 8.6 added by Stats. 2021, Ch. 197, Sec. 3. ) ## 2112. The provisions of this part are severable. If any provision of this part 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. 2021, Ch. 197, Sec. 3. (AB 701) Effective January 1, 2022.)
  199. 212.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 1. COMPENSATION [200 - 452] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment of Wages [200 - 281] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. General Occupations [200 - 244] ( Article 1 enacted by Stats. 1937, Ch. 90. )

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    Wage payments generally cannot be made with noncash instruments or merchandise-based scrip; if the drawee is a bank, the bank address requirement is waived and the holder may enforce the instrument at a chosen place of business.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 1. COMPENSATION [200 - 452] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment of Wages [200 - 281] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. General Occupations [200 - 244] ( Article 1 enacted by Stats. 1937, Ch. 90. ) ## 212. (a) No person, or agent or officer thereof, shall issue in payment of wages due, or to become due, or as an advance on wages to be earned: (1) Any order, check, draft, note, memorandum, or other acknowledgment of indebtedness, unless it is negotiable and payable in cash, on demand, without discount, at some established place of business in the state, the name and address of which must appear on the instrument, and at the time of its issuance and for a reasonable time thereafter, which must be at least 30 days, the maker or drawer has sufficient funds in, or credit, arrangement, or understanding with the drawee for its payment. (2) Any scrip, coupon, cards, or other thing redeemable, in merchandise or purporting to be payable or redeemable otherwise than in money. (b) Where an instrument mentioned in subdivision (a) is protested or dishonored, the notice or memorandum of protest or dishonor is admissible as proof of presentation, nonpayment and protest and is presumptive evidence of knowledge of insufficiency of funds or credit with the drawee. (c) Notwithstanding paragraph (1) of subdivision (a), if the drawee is a bank, the bank’s address need not appear on the instrument and, in that case, the instrument shall be negotiable and payable in cash, on demand, without discount, at any place of business of the drawee chosen by the person entitled to enforce the instrument. (Amended by Stats. 1997, Ch. 352, Sec. 1. Effective January 1, 1998.)
  200. 213.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 1. COMPENSATION [200 - 452] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment of Wages [200 - 281] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. General Occupations [200 - 244] ( Article 1 enacted by Stats. 1937, Ch. 90. )

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    Section 213 limits certain Section 212 restrictions on employers, including wage deposits and guarantees for employee-related bills.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 1. COMPENSATION [200 - 452] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment of Wages [200 - 281] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. General Occupations [200 - 244] ( Article 1 enacted by Stats. 1937, Ch. 90. ) ## 213. Nothing contained in Section 212 shall: (a) Prohibit an employer from guaranteeing the payment of bills incurred by an employee for the necessaries of life or for the tools and implements used by the employee in the performance of his or her duties. (b) Apply to counties, municipal corporations, quasi-municipal corporations, or school districts. (c) Apply to students of nonprofit schools, colleges, universities, and other nonprofit educational institutions. (d) Prohibit an employer from depositing wages due or to become due or an advance on wages to be earned in an account in any bank, savings and loan association, or credit union of the employee’s choice with a place of business located in this state, provided that the employee has voluntarily authorized that deposit. If an employer discharges an employee or the employee quits, the employer may pay the wages earned and unpaid at the time the employee is discharged or quits by making a deposit authorized pursuant to this subdivision, provided that the employer complies with the provisions of this article relating to the payment of wages upon termination or quitting of employment. (Amended by Stats. 2005, Ch. 149, Sec. 1. Effective January 1, 2006.)

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