Labor Code — Part 5 | LAB — United States — California law | Esheria

Labor Code

Part 5 of 13 · provisions 801–1,000

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

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  1. 214.

    ## 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 prosecution under section 212 may be brought either where the alleged illegal wage-indebtedness document is issued or where it is payable.

    ## 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. ) ## 214. Prosecution under section 212 may be brought either at the place where the alleged illegal order, check, draft, note, memorandum or other acknowledgment of wage indebtedness is issued or at the place where it is made payable. (Enacted by Stats. 1937, Ch. 90.)
  2. 215.

    ## 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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    Violating certain wage-payment provisions can make a person, or certain company officers and managers, guilty of a misdemeanor.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 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. ) ## 215. Any person, or the agent, manager, superintendent or officer thereof, who violates any provision of Section 201.3, 204, 204b, 205, 207, 208, 209, or 212 is guilty of a misdemeanor. Any failure to keep posted any notice required by Section 207 is prima facie evidence of a violation of these sections. (Amended by Stats. 2008, Ch. 169, Sec. 6. Effective January 1, 2009.)
  3. 216.

    ## 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 person, or certain company officers or managers, commits a misdemeanor if, after demand and while able to pay, they willfully refuse to pay wages due, or they falsely deny the amount or validity of the wages with the listed intent.

    ## 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. ) ## 216. In addition to any other penalty imposed by this article, any person, or an agent, manager, superintendent, or officer thereof is guilty of a misdemeanor, who: (a) Having the ability to pay, willfully refuses to pay wages due and payable after demand has been made. (b) Falsely denies the amount or validity thereof, or that the same is due, with intent to secure for himself, his employer or other person, any discount upon such indebtedness, or with intent to annoy, harass, oppress, hinder, delay, or defraud, the person to whom such indebtedness is due. (Amended by Stats. 1959, Ch. 1358.)
  4. 217.

    ## 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 Law Enforcement must investigate violations of this article and enforce it; when it considers it proper, it may bring actions for the penalties provided in the 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. ) ## 217. The Division of Labor Law Enforcement shall inquire diligently for any violations of this article, and, in cases which it deems proper, shall institute the actions for the penalties provided for in this article and shall enforce this article. (Amended by Stats. 1945, Ch. 1431.)
  5. 218.

    ## 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 says a wage claimant’s right to sue for wages or penalties under the article is not limited, including suits brought directly or through an assignee.

    ## 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. ) ## 218. Nothing in this article shall limit the right of any wage claimant to sue directly or through an assignee for any wages or penalty due them under this article. (Amended by Stats. 2023, Ch. 659, Sec. 3. (AB 594) Effective January 1, 2024.)
  6. 218.5.

    ## 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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    In certain wage-related lawsuits, the court must award reasonable attorney’s fees and costs to the prevailing party if fees are requested when the case begins.

    ## 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. ) ## 218.5. (a) In any action brought for the nonpayment of wages, fringe benefits, or health and welfare or pension fund contributions, the court shall award reasonable attorney’s fees and costs to the prevailing party if any party to the action requests attorney’s fees and costs upon the initiation of the action. However, if the prevailing party in the court action is not an employee, attorney’s fees and costs shall be awarded pursuant to this section only if the court finds that the employee brought the court action in bad faith. This section shall not apply to an action brought by the Labor Commissioner. This section shall not apply to a surety issuing a bond pursuant to Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code or to an action to enforce a mechanics lien brought under Chapter 4 (commencing with Section 8400) of Title 2 of Part 6 of Division 4 of the Civil Code. (b) This section does not apply to any cause of action for which attorney’s fees are recoverable under Section 1194. (Amended (as amended by Stats. 2010, Ch. 697, Sec. 42) by Stats. 2013, Ch. 142, Sec. 1. (SB 462) Effective January 1, 2014.)
  7. 218.6.

    ## 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. )

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    In wage nonpayment actions, the court must award interest on unpaid wages.

    ## 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. ) ## 218.6. In any action brought for the nonpayment of wages, the court shall award interest on all due and unpaid wages at the rate of interest specified in subdivision (b) of Section 3289 of the Civil Code, which shall accrue from the date that the wages were due and payable as provided in Part 1 (commencing with Section 200) of Division 2. (Added by Stats. 2000, Ch. 876, Sec. 5. Effective January 1, 2001.)
  8. 218.7.

    ## 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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    This section makes a direct contractor liable for certain unpaid wages and benefit payments on specified private-work contracts, bars evasion of the section’s requirements, and lets certain parties seek enforcement.

    ## 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. ) ## 218.7. (a) (1) For contracts entered into between January 1, 2018, and December 31, 2021, inclusive, a direct contractor making or taking a contract in the state for the erection, construction, alteration, or repair of a building, structure, or other private work, shall assume, and is liable for, any debt owed to a wage claimant or third party on the wage claimant’s behalf, incurred by a subcontractor at any tier acting under, by, or for the direct contractor for the wage claimant’s performance of labor included in the subject of the contract between the direct contractor and the owner. (2) The direct contractor’s liability under this section shall extend only to any unpaid wage, fringe or other benefit payment or contribution, including interest owed but shall not extend to penalties or liquidated damages. (3) A direct contractor or any other person shall not evade, or commit any act that negates, the requirements of this section. This section does not prohibit a direct contractor or subcontractor at any tier from establishing by contract or enforcing any otherwise lawful remedies against a subcontractor it hires for liability created by the nonpayment of wages, fringe or other benefit payments, or contributions by that subcontractor or by a subcontractor at any tier working under that subcontractor. (b) (1) The Labor Commissioner may enforce against a direct contractor the liability for unpaid wages created by subdivision (a) pursuant to Section 98 or 1197.1, or through a civil action. The direct contractor’s liability shall be limited to unpaid wages, including any interest owed. (2) A third party owed fringe or other benefit payments or contributions on a wage claimant’s behalf may bring a civil action against a direct contractor to enforce the liability created by subdivision (a). The court shall award a prevailing plaintiff in such an action its reasonable attorney’s fees and costs, including expert witness fees. (3) A joint labor-management cooperation 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 a direct contractor or subcontractor at any tier for unpaid wages owed to a wage claimant by the direct contractor or subcontractor for the performance of private work, including unpaid wages owed by the direct contractor, pursuant to subdivision (a). The court shall award a prevailing plaintiff in such an action its reasonable attorney’s fees and costs, including expert witness fees. Prior to commencement of an action against a direct contractor to enforce the liability created by subdivision (a), the committee shall provide the direct contractor and subcontractor that employed the wage claimant with at least 30 days’ notice by first-class mail. The notice need only describe the general nature of the claim and shall not limit the liability of the direct contractor or preclude subsequent amendments of an action to encompass additional wage claimants employed by the subcontractor. (4) No other party may bring an action against a direct contractor to enforce the liability created by subdivision (a). (c) Unless otherwise provided by law, property of the direct contractor may be attached, after trial, for the payment of any judgment received pursuant to this section. (d) An action brought pursuant to this section shall be filed within one year of the earliest of the following: (1) Recordation of the notice of completion of the direct contract, pursuant to Section 8182 of the Civil Code. (2) Recordation of a notice of cessation of the work covered by the direct contract, pursuant to Section 8188 of the Civil Code. (3) Actual completion of the work covered by the direct contract. (e) This section does not apply to work performed by an employee of the state, a special district, a city, a county, a city and county, or any political subdivision of the state. (f) (1) Upon request by a direct contractor to a subcontractor, the subcontractor and any lower tier subcontractors under contract to the subcontractor shall provide payroll records, which, at a minimum, contain the information set forth in subdivision (a) of Section 226, and which are payroll records as contemplated by Section 1174, of its employees who are providing labor on a private work, which payroll records 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. The payroll records must contain information sufficient to apprise the requesting party of the subcontractor’s payment status in making fringe or other benefit payments or contributions to a third party on the employee’s behalf. (2) Upon request of a direct contractor to a subcontractor, the subcontractor and any lower tier subcontractors under contract to the subcontractor shall provide the direct contractor award information that includes the project name, name and address of the subcontractor, contractor with whom the subcontractor is under contract, anticipated start date, duration, and estimated journeymen and apprentice hours, and contact information for its subcontractors on the project. (3) A subcontractor’s failure to comply with this subdivision shall not relieve a direct contractor from any of the obligations contained in this section. (g) For purposes of this section, “direct contractor” and “subcontractor” have the same meanings as provided in Sections 8018 and 8046, respectively, of the Civil Code. (h) Nothing in this section shall alter the owner’s obligation to timely pay a direct contractor as set forth in Sections 8800 and 8812 of the Civil Code, or a direct contractor’s obligation to timely pay a subcontractor as set forth in Section 7108.5 of the Business and Professions Code and Section 8814 of the Civil Code, or the penalties for failing to do so as set forth in Sections 8800 and 8818 of the Civil Code and Section 7108.5 of the Business and Professions Code, except that the direct contractor may withhold as “disputed” all sums owed if a subcontractor does not timely provide the information requested under paragraphs (1) and (2) of subdivision (f), until that information is provided. (i) For any contract entered into on or after January 1, 2019, in order to withhold payments as disputed pursuant to subdivision (h), the direct contractor must specify, in its contract with the subcontractor, the specific documents and information that the direct contractor will require that the subcontractor provide under paragraphs (1) and (2) of subdivision (f). Subcontractors may include the same requirements in their contracts with lower tiered subcontractors and may withhold as disputed all sums owed if a lower tiered subcontractor does not provide the information requested under paragraphs (1) and (2) of subdivision (f), until that information is provided. (j) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (Amended by Stats. 2021, Ch. 338, Sec. 1. (SB 727) Effective January 1, 2022.)
  9. 218.8.

    ## 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. )

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    A direct contractor on certain private construction contracts can be liable for unpaid wages and related amounts owed by subcontractors, and must follow specified monitoring, notice, and record-request rules.

    ## 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. ) ## 218.8. (a) (1) For contracts entered into on or after January 1, 2022, and before January 1, 2026, a direct contractor making or taking a contract in the state for the erection, construction, alteration, or repair of a building, structure, or other private work, shall assume, and is liable for, any debt owed to a wage claimant or third party on the wage claimant’s behalf, incurred by a subcontractor at any tier acting under, by, or for the direct contractor for the wage claimant’s performance of labor included in the subject of the contract between the direct contractor and the owner. (2) Subject to paragraph (3), the direct contractor’s liability under this section shall extend to any unpaid wage, fringe or other benefit payment or contribution, penalties or liquidated damages, and interest owed by the subcontractor on account of the performance of the labor. (3) The direct contractor’s liability under this section shall extend to penalties and liquidated damages only as follows: If a worker employed by a subcontractor on a private construction project is not paid the wage, fringe or other benefit payment or contribution owed by the subcontractor on account of the worker’s performance of labor on that project, the direct contractor of the project is not liable for any associated penalties or liquidated damages under paragraph (2) unless the direct contractor had knowledge of the subcontractor’s failure to pay the specified wage, fringe or other benefit payment or contribution, or the direct contractor fails to comply with all of the following requirements: (A) The contractor shall monitor the payment by the subcontractor of wage, fringe or other benefit payment or contribution to the employees or the labor trust fund, by periodic review of the subcontractor’s payroll records which, at a minimum, contain the information set forth in subdivision (a) of Section 226, and which are payroll records as contemplated by Section 1174. (B) Upon becoming aware of the failure of the subcontractor to pay the wage, fringe or other benefit payment or contribution to the employees or the labor trust fund, 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 private construction project. (C) Prior to making final payment to the subcontractor for work performed on the private construction project, the contractor shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the wage, fringe or other benefit payment or contribution due to the employees or the labor trust fund for all work performed on the private construction project. (4) The Division of Labor Standards Enforcement shall notify the contractor and subcontractor on a private 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 private works project to pay the specified wage, fringe, or other benefit due to workers. (5) A direct contractor or any other person shall not evade, or commit any act that negates, the requirements of this section. This section does not prohibit a direct contractor or subcontractor at any tier from establishing by contract or enforcing any otherwise lawful remedies against a subcontractor it hires for liability created by the nonpayment of wages, fringe or other benefit payments, or contributions by that subcontractor or by a subcontractor at any tier working under that subcontractor, including liability for associated penalties and liquidated damages. (b) (1) (A) The Labor Commissioner may enforce against a direct contractor the liability for unpaid wages, liquidated damages, interest, and penalties created by subdivision (a) pursuant to Section 98 or 1197.1, or through a civil action. (B) The Labor Commissioner shall notify the direct contractor and subcontractor at any tier on a private works project at least 30 days prior to a hearing held on an administrative complaint pursuant to Section 98, prior to issuance of a citation pursuant to Section 1197.1, or prior to filing a civil action, for the failure of a subcontractor on that private works project to pay the specified wage, fringe, or other benefit due to workers. The notice need only describe the general nature of the claim, the project name or address, and the name of the employer. The notice shall not preclude subsequent amendments of an action to encompass additional contractors or wage claimants employed by the subcontractor. (2) A third party owed fringe or other benefit payments or contributions on a wage claimant’s behalf may bring a civil action against a direct contractor to enforce the liability for any unpaid wage, fringe or other benefit payment or contribution, penalties or liquidated damages, and interest owed by the subcontractor on account of the performance of the labor pursuant to subdivision (a). The court shall award a prevailing plaintiff in such an action its reasonable attorney’s fees and costs, including expert witness fees. (3) (A) A joint labor-management cooperation 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 a direct contractor or subcontractor at any tier to enforce liability for any unpaid wage, fringe or other benefit payment or contribution, penalties or liquidated damages, and interest owed by the subcontractor on account of the performance of the labor on private work pursuant to subdivision (a). Prior to commencement of an action against a direct contractor to enforce the liability created by subdivision (a), the committee shall provide the direct contractor and subcontractor that employed the wage claimant with at least 30 days’ notice by first-class mail. The notice need only describe the general nature of the claim, the project name, and the name of the employer, and shall not limit the liability of the direct contractor or preclude subsequent amendments of an action to encompass additional wage claimants employed by the subcontractor. (B) A joint labor-management cooperation 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 a direct contractor to enforce liability for any unpaid wage, fringe or other benefit payment or contribution, penalties or liquidated damages, and interest owed by the direct contractor on account of the performance of the labor on private work. (C) In a claim brought pursuant to subparagraph (A) or (B), the court shall award a prevailing plaintiff its reasonable attorney’s fees and costs, including expert witness fees. (4) No other party may bring an action against a direct contractor to enforce the liability created by subdivision (a). (5) Any liquidated damages awarded by the Labor Commissioner or the court shall be payable to the aggrieved employee. (c) Unless otherwise provided by law, property of the direct contractor may be attached, after trial, for the payment of any judgment received pursuant to this section. (d) An action brought pursuant to this section shall be filed within one year of the earliest of the following: (1) Recordation of the notice of completion of the direct contract, pursuant to Section 8182 of the Civil Code. (2) Recordation of a notice of cessation of the work covered by the direct contract, pursuant to Section 8188 of the Civil Code. (3) Actual completion of the work covered by the direct contract. (e) This section does not apply to work performed by an employee of the state, a special district, a city, a county, a city and county, or any political subdivision of the state. (f) (1) Upon request by a direct contractor to a subcontractor, the subcontractor and any lower tier subcontractors under contract to the subcontractor shall provide payroll records, which, at a minimum, contain the information set forth in subdivision (a) of Section 226, and which are payroll records as contemplated by Section 1174, of its employees who are providing labor on a private work, which payroll records 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. The payroll records must contain information sufficient to apprise the requesting party of the subcontractor’s payment status in making fringe or other benefit payments or contributions to a third party on the employee’s behalf. (2) Upon request of a direct contractor to a subcontractor, the subcontractor and any lower tier subcontractors under contract to the subcontractor shall provide the direct contractor award information that includes the project name, name and address of the subcontractor, the contractor with whom the subcontractor is under contract, anticipated start date, duration, and estimated journeymen and apprentice hours, and contact information for its subcontractors on the project. (3) A subcontractor’s failure to comply with this subdivision shall not relieve a direct contractor from any of the obligations contained in this section. (g) For purposes of this section, “direct contractor” and “subcontractor” have the same meanings as provided in Sections 8018 and 8046, respectively, of the Civil Code. (h) Nothing in this section shall alter the owner’s obligation to timely pay a direct contractor as set forth in Sections 8800 and 8812 of the Civil Code, or a direct contractor’s obligation to timely pay a subcontractor as set forth in Section 7108.5 of the Business and Professions Code and Section 8814 of the Civil Code, or the penalties for failing to do so as set forth in Sections 8800 and 8818 of the Civil Code and Section 7108.5 of the Business and Professions Code, except that the direct contractor may withhold as “disputed” all sums owed if a subcontractor does not timely provide the information requested under paragraphs (1) and (2) of subdivision (f), until that information is provided. (i) For any contract entered into on or after January 1, 2022, and before January 1, 2026, in order to withhold payments as disputed pursuant to subdivision (h), the direct contractor must specify, in its contract with the subcontractor, the specific documents and information that the direct contractor will require that the subcontractor provide under paragraphs (1) and (2) of subdivision (f). Subcontractors may include the same requirements in their contracts with lower tiered subcontractors and may withhold as disputed all sums owed if a lower tiered subcontractor does not provide the information requested under paragraphs (1) and (2) of subdivision (f), until that information is provided. (j) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (Amended by Stats. 2025, Ch. 774, Sec. 4. (SB 597) Effective January 1, 2026.)
  10. 218.9.

    ## 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. )

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    Direct contractors on covered private construction projects can be liable for subcontractor labor debts, and they must follow monitoring, notice, record, and affidavit steps in certain 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. ) ## 218.9. (a) (1) For contracts entered into on or after January 1, 2026, a direct contractor making or taking a contract in the state for the erection, construction, alteration, or repair of a building, structure, or other private work, shall assume, and is liable for, any indebtedness for the performance of labor, including that described in subdivision (b) of Section 8024 of the Civil Code, incurred by a subcontractor at any tier acting under, by, or for the direct contractor included in the subject of the contract between the direct contractor and the owner. The direct contractor’s liability under this section shall be limited to payments for labor required by the subcontractor’s agreement with the laborer or the subcontractor’s collective bargaining agreement with the labor organization representing the laborer. (2) Subject to paragraph (3), the direct contractor’s liability under this section shall extend to any indebtedness for labor described in paragraph (1), penalties or liquidated damages, and interest owed by the subcontractor on account of the performance of the labor. (3) The direct contractor’s liability under this section shall extend to penalties and liquidated damages only as follows: If a worker employed by a subcontractor on a private construction project is not paid the wage, fringe or other benefit payment or contribution owed by the subcontractor on account of the worker’s performance of labor on that project, the direct contractor of the project is not liable for any associated penalties or liquidated damages under paragraph (2) unless the direct contractor had knowledge of the subcontractor’s failure to pay the specified wage, fringe or other benefit payment or contribution, or the direct contractor fails to comply with all of the following requirements: (A) The contractor shall monitor the payment by the subcontractor of wage, fringe or other benefit payment or contribution to the employees or the labor trust fund, by periodic review of the subcontractor’s payroll records which, at a minimum, contain the information set forth in subdivision (a) of Section 226, and which are payroll records as contemplated by Section 1174. (B) Upon becoming aware of the failure of the subcontractor to pay the wage, fringe or other benefit payment or contribution to the employees or the labor trust fund, 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 private construction project. (C) Prior to making final payment to the subcontractor for work performed on the private construction project, the contractor shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the wage, fringe or other benefit payment or contribution due to the employees or the labor trust fund for all work performed on the private construction project. (4) The Division of Labor Standards Enforcement shall notify the contractor and subcontractor on a private 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 private works project to pay the specified wage, fringe, or other benefit due to workers. (5) A direct contractor or any other person shall not evade, or commit any act that negates, the requirements of this section. This section does not prohibit a direct contractor or subcontractor at any tier from establishing by contract or enforcing any otherwise lawful remedies against a subcontractor it hires for liability created by any indebtedness for labor described in this subdivision by that subcontractor or by a subcontractor at any tier working under that subcontractor, including liability for associated penalties and liquidated damages. (b) (1) (A) The Labor Commissioner may enforce against a direct contractor the liability created by subdivision (a) pursuant to Section 98 or 1197.1, or through a civil action. (B) The Labor Commissioner shall notify the direct contractor and subcontractor at any tier on a private works project at least 30 days prior to a hearing held on an administrative complaint pursuant to Section 98, prior to issuance of a citation pursuant to Section 1197.1, or prior to filing a civil action, for the failure of a subcontractor on that private works project to pay the specified wage, fringe, or other benefit due to workers. The notice need only describe the general nature of the claim, the project name or address, and the name of the employer. The notice shall not preclude subsequent amendments of an action to encompass additional contractors or wage claimants employed by the subcontractor. (2) A person or entity described in subdivision (c) of Section 8024 of the Civil Code may bring a civil action against a direct contractor to enforce the liability for any unpaid wage, fringe or other benefit payment or contribution, penalties or liquidated damages, and interest owed by the subcontractor on account of the performance of the labor pursuant to subdivision (a). The court shall award a prevailing plaintiff in such an action its reasonable attorney’s fees and costs, including expert witness fees. (3) (A) A joint labor-management cooperation 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 a direct contractor or subcontractor at any tier to enforce liability for any unpaid wage, fringe or other benefit payment or contribution, penalties or liquidated damages, and interest owed by the subcontractor on account of the performance of the labor on a private work pursuant to subdivision (a). Prior to commencement of an action against a direct contractor to enforce the liability created by subdivision (a), the committee shall provide the direct contractor and subcontractor that employed the wage claimant with at least 30 days’ notice by first-class mail. The notice need only describe the general nature of the claim, the project name, and the name of the employer, and shall not limit the liability of the direct contractor or preclude subsequent amendments of an action to encompass additional wage claimants employed by the subcontractor. (B) A joint labor-management cooperation 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 a direct contractor to enforce liability for any unpaid wage, fringe or other benefit payment or contribution, penalties or liquidated damages, and interest owed by the direct contractor on account of the performance of the labor on private work. (C) In a claim brought pursuant to subparagraph (A) or (B), the court shall award a prevailing plaintiff its reasonable attorney’s fees and costs, including expert witness fees. (4) No other party may bring an action against a direct contractor to enforce the liability created by subdivision (a). (5) Any liquidated damages awarded by the Labor Commissioner or the court shall be payable to the aggrieved employee. (6) An action pursuant to this section shall not be based on the employer’s misclassification of the craft of a worker. (7) The remedies created by this section are cumulative of any other available remedies. (8) (A) A direct contractor that makes contribution payments pursuant to subparagraph (B) shall not be held liable pursuant to paragraphs (1) to (3), inclusive, with respect to fringe or other benefit contributions. (B) If a direct contractor has been provided documentation that the subcontractor has been notified by the trust, plan, fund, or program that the subcontractor has failed to make timely required contribution payments for a private construction project, the direct contractor may make the contribution payments for performance of labor for that project in compliance with all of the following: (i) The direct contractor makes a payment using a joint check made payable to the subcontractor and the trust, plan, fund, or program for any fringe or other benefit payment or contribution. (ii) The subcontractor provides the name, type, number, and address of the trust, plan, fund, or program to the direct contractor. (iii) The direct contractor notifies the trust, plan, fund, or program that it has paid the subcontractor with a joint check. (c) Unless otherwise provided by law, property of the direct contractor may be attached, after trial, for the payment of any judgment received pursuant to this section. (d) An action brought pursuant to this section shall be filed within one year of the earliest of the following: (1) Recordation of the notice of completion of the direct contract, pursuant to Section 8182 of the Civil Code. (2) Recordation of a notice of cessation of the work covered by the direct contract, pursuant to Section 8188 of the Civil Code. (3) Actual completion of the work covered by the direct contract. (e) This section does not apply to work performed by an employee of the state, a special district, a city, a county, a city and county, or any political subdivision of the state. (f) (1) Upon request by a direct contractor to a subcontractor, the subcontractor and any lower tier subcontractors under contract to the subcontractor shall provide payroll records, which, at a minimum, contain the information set forth in subdivision (a) of Section 226, and which are payroll records as contemplated by Section 1174, of its employees who are providing labor on a private work, which payroll records 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. The payroll records must contain information sufficient to apprise the requesting party of the subcontractor’s payment status in making fringe or other benefit payments or contributions to a third party on the employee’s behalf. (2) Upon request of a direct contractor to a subcontractor, the subcontractor and any lower tier subcontractors under contract to the subcontractor shall provide the direct contractor award information that includes the project name, name and address of the subcontractor, the contractor with whom the subcontractor is under contract, anticipated start date, duration, and estimated journeymen and apprentice hours, and contact information for its subcontractors on the project. (3) A subcontractor’s failure to comply with this subdivision shall not relieve a direct contractor from any of the obligations contained in this section. (g) For purposes of this section, the following definitions apply: (1) “Direct contractor” means a contractor that has a direct contractual relationship with an owner or any other person or entity engaging contractors or subcontractors for the erection, construction, alteration, or repair of a building, structure, or other private work on behalf of the owner. (2) “Subcontractor” has the same meaning as provided in Section 8046 of the Civil Code. (h) Nothing in this section shall alter the owner’s obligation to timely pay a direct contractor as set forth in Sections 8800 and 8812 of the Civil Code, or a direct contractor’s obligation to timely pay a subcontractor as set forth in Section 7108.5 of the Business and Professions Code and Section 8814 of the Civil Code, or the penalties for failing to do so as set forth in Sections 8800 and 8818 of the Civil Code and Section 7108.5 of the Business and Professions Code, except that the direct contractor may withhold as “disputed” all sums owed if a subcontractor does not timely provide the information requested under paragraphs (1) and (2) of subdivision (f), until that information is provided. (i) For any contract entered into on or after January 1, 2026, in order to withhold payments as disputed pursuant to subdivision (h), the direct contractor must specify, in its contract with the subcontractor, the specific documents and information that the direct contractor will require that the subcontractor provide under paragraphs (1) and (2) of subdivision (f). Subcontractors may include the same requirements in their contracts with lower tiered subcontractors and may withhold as disputed all sums owed if a lower tiered subcontractor does not provide the information requested under paragraphs (1) and (2) of subdivision (f), until that information is provided. (j) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (Added by Stats. 2025, Ch. 774, Sec. 5. (SB 597) Effective January 1, 2026.)
  11. 219.

    ## 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 ↗

    Private agreements cannot override this article’s wage-payment rules, and the state employer may authorize certain departing employees to take payment for unused leave or compensating time off.

    ## 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. ) ## 219. (a) Nothing in this article shall in any way limit or prohibit the payment of wages at more frequent intervals, or in greater amounts, or in full when or before due, but no provision of this article can in any way be contravened or set aside by a private agreement, whether written, oral, or implied. (b) The state employer does not violate this section by authorizing employees who quit, or are discharged from, their employment with the state to take payment 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, as provided in Section 201 or 202. (Amended by Stats. 2002, Ch. 40, Sec. 8. Effective May 16, 2002.)
  12. 22.

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

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    “Violation” includes failing to comply with any requirement of the code.

    ## Labor Code - LAB ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 90. ) ## 22. “Violation” includes a failure to comply with any requirement of the code. (Enacted by Stats. 1937, Ch. 90.)
  13. 220.

    ## 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 ↗

    Some wage-payment sections do not apply to employees directly employed by the State of California, and other listed wage-payment sections do not apply to employees directly employed by counties, incorporated cities, towns, or other municipal corporations.

    ## 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. ) ## 220. (a) Sections 201.3, 201.5, 201.6, 201.7, 201.8, 203.1, 203.5, 204, 204a, 204b, 204c, 204.1, 205, and 205.5 do not apply to the payment of wages of employees directly employed by the State of California. Except as provided in subdivision (b), all other employment is subject to these provisions. (b) Sections 200 to 211, inclusive, and Sections 215 to 219, inclusive, do not apply to the payment of wages of employees directly employed by any county, incorporated city, or town or other municipal corporation. All other employments are subject to these provisions. (Amended by Stats. 2020, Ch. 370, Sec. 222. (SB 1371) Effective January 1, 2021.)
  14. 220.2.

    ## 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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    Public employing agencies may make certain benefit contributions for covered nonpermanent hourly or per diem workers, but only to plans meeting listed standards.

    ## 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. ) ## 220.2. Contributions to vacation allowances, pension or retirement funds, sick leave, and health and welfare benefits on behalf of persons employed by any county, political subdivision, incorporated city or town or other municipal corporations may be made in the same manner and on the same basis as made by private employers. Payments made by the employing agency to any such fund on behalf of any employee shall be in lieu of benefits such as vacation allowance, pension or retirement fund, sick leave, and health and welfare benefits which are now or may hereafter be granted directly by the employing agency in accordance with law. This section shall only apply to nonpermanent laborers, workmen, and mechanics employed on an hourly or per diem basis. The employing agency is empowered to determine the equitable application of this section to insure that the employees receive benefits comparable to, but not in excess of those provided in comparable private employment. The employing agency shall make payments only to plans which meet the following standards: 1. A plan office is located within the State of California. 2. Any fund connected with the plan is required to be audited at least annually by an independent, licensed certified public accountant. 3. Each trustee or administrator of the fund or plan authorized to receive, handle, deal with or draw upon the assets of the fund or plan is required to be bonded. (Amended by Stats. 1969, Ch. 1230.)
  15. 221.

    ## 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 not collect or receive from an employee any part of wages the employer already 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. ) ## 221. It shall be unlawful for any employer to collect or receive from an employee any part of wages theretofore paid by said employer to said employee. (Added by Stats. 1937, Ch. 357.)
  16. 222.

    ## 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 a wage agreement reached through collective bargaining, it is unlawful to withhold any part of the agreed wage from an employee when done wilfully, unlawfully, or with intent to defraud.

    ## 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. ) ## 222. It shall be unlawful, in case of any wage agreement arrived at through collective bargaining, either wilfully or unlawfully or with intent to defraud an employee, a competitor, or any other person, to withhold from said employee any part of the wage agreed upon. (Amended by Stats. 1939, Ch. 1062.)
  17. 222.5.

    ## 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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    No person may charge employees or job applicants for certain medical or physical examinations, or take the cost out of employee wages.

    ## 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. ) ## 222.5. No person shall withhold or deduct from the compensation of any employee, or require any prospective employee or applicant for employment to pay, any fee for, or cost of, any pre-employment medical or physical examination taken as a condition of employment, nor shall any person withhold or deduct from the compensation of any employee, or require any employee to pay any fee for, or costs of, medical or physical examinations required by any law or regulation of federal, state or local governments or agencies thereof. (Amended by Stats. 1957, Ch. 1113.)
  18. 223.

    ## 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 statute or contract requires an employer to keep a designated wage scale, the employer must not secretly pay a lower wage while pretending to pay the required wage.

    ## 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. ) ## 223. Where any statute or contract requires an employer to maintain the designated wage scale, it shall be unlawful to secretly pay a lower wage while purporting to pay the wage designated by statute or by contract. (Added by Stats. 1937, Ch. 357.)
  19. 224.

    ## 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 withhold or divert wages only in specified lawful or authorized situations, and may not use wage withholding to pay taxes, fees, or charges prohibited by law.

    ## 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. ) ## 224. The provisions of Sections 221, 222 and 223 shall in no way make it unlawful for an employer to withhold or divert any portion of an employee’s wages when the employer is required or empowered so to do by state or federal law or when a deduction is expressly authorized in writing by the employee to cover insurance premiums, hospital or medical dues, or other deductions not amounting to a rebate or deduction from the standard wage arrived at by collective bargaining or pursuant to wage agreement or statute, or when a deduction to cover health and welfare or pension plan contributions is expressly authorized by a collective bargaining or wage agreement. Nothing in this section or any other provision of law shall be construed as authorizing an employer to withhold or divert any portion of an employee’s wages to pay any tax, fee or charge prohibited by Section 50026 of the Government Code, whether or not the employee authorizes such withholding or diversion. (Amended by Stats. 1968, Ch. 559.)
  20. 225.

    ## 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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    Violating any provision of Sections 221, 222, 222.5, or 223 is a misdemeanor.

    ## 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. ) ## 225. The violation of any provision of Sections 221, 222, 222.5, or 223 is a misdemeanor. (Amended by Stats. 1945, Ch. 1191.)
  21. 225.5.

    ## 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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    A person who unlawfully withholds wages due to an employee in violation of certain wage provisions can be hit with a civil penalty.

    ## 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. ) ## 225.5. In addition to, and entirely independent and apart from, any other penalty provided in this article, every person who unlawfully withholds wages due any employee in violation of Section 212, 216, 221, 222, or 223 shall be subject to a civil penalty as follows: (a) For any initial violation, one hundred dollars ($100) for each failure to pay each employee. (b) 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. The penalty shall be recovered by the Labor Commissioner as part of a hearing held to recover unpaid wages and penalties or in an independent civil action. The action shall be brought in the name of the people of the State of California and the Labor Commissioner and attorneys thereof may proceed and act for and on behalf of the people in bringing the action. Twelve and one-half percent of the penalty recovered shall be paid into a fund within the Labor and Workforce Development Agency dedicated to educating employers about state labor laws, and the remainder shall be paid into the State Treasury to the credit of the General Fund. (Amended by Stats. 2003, Ch. 329, Sec. 2. Effective January 1, 2004.)
  22. 226.

    ## 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 give employees an itemized written wage statement with each wage payment and keep wage records for at least three years, with employees having a right to inspect or get copies of certain records.

    ## 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. ) ## 226. (a) An employer, semimonthly or at the time of each payment of wages, shall furnish to their employee, either as a detachable part of the check, draft, or voucher paying the employee’s wages, or separately if wages are paid by personal check or cash, an accurate itemized statement in writing showing (1) gross wages earned, (2) total hours worked by the employee, except as provided in subdivision (j), (3) the number of piece-rate units earned and any applicable piece rate if the employee is paid on a piece-rate basis, (4) all deductions, provided that all deductions made on written orders of the employee may be aggregated and shown as one item, (5) net wages earned, (6) the inclusive dates of the period for which the employee is paid, (7) the name of the employee and only the last four digits of their social security number or an employee identification number other than a social security number, (8) the name and address of the legal entity that is the employer and, if the employer is a farm labor contractor, as defined in subdivision (b) of Section 1682, the name and address of the legal entity that secured the services of the employer, and (9) all applicable hourly rates in effect during the pay period and the corresponding number of hours worked at each hourly rate by the employee and, beginning July 1, 2013, if the employer is a temporary services employer as defined in Section 201.3, the rate of pay and the total hours worked for each temporary services assignment. The deductions made from payment of wages shall be recorded in ink or other indelible form, properly dated, showing the month, day, and year, and a copy of the statement and the record of the deductions shall be kept on file by the employer for at least three years at the place of employment or at a central location within the State of California. For purposes of this subdivision, “copy” includes a duplicate of the itemized statement provided to an employee or a computer-generated record that accurately shows all of the information required by this subdivision. (b) An employer that is required by this code or any regulation adopted pursuant to this code to keep the information required by subdivision (a) shall afford current and former employees the right to inspect or receive a copy of records pertaining to their employment, upon reasonable request to the employer. The employer may take reasonable steps to ensure the identity of a current or former employee. If the employer provides copies of the records, the actual cost of reproduction may be charged to the current or former employee. (c) An employer who receives a written or oral request to inspect or receive a copy of records pursuant to subdivision (b) pertaining to a current or former employee shall comply with the request as soon as practicable, but no later than 21 calendar days from the date of the request. A violation of this subdivision is an infraction. Impossibility of performance, not caused by or a result of a violation of law, shall be an affirmative defense for an employer in any action alleging a violation of this subdivision. An employer may designate the person to whom a request under this subdivision will be made. (d) This section does not apply to any employer of a person employed by the owner or occupant of a residential dwelling whose duties are incidental to the ownership, maintenance, or use of the dwelling, including the care and supervision of children, or whose duties are personal and not in the course of the trade, business, profession, or occupation of the owner or occupant. (e) (1) An employee suffering injury as a result of a knowing and intentional failure by an employer to comply with subdivision (a) is entitled to recover the greater of all actual damages or fifty dollars ($50) for the initial pay period in which a violation occurs and one hundred dollars ($100) per employee for each violation in a subsequent pay period, not to exceed an aggregate penalty of four thousand dollars ($4,000), and is entitled to an award of costs and reasonable attorney’s fees. (2) (A) An employee is deemed to suffer injury for purposes of this subdivision if the employer fails to provide a wage statement. (B) An employee is deemed to suffer injury for purposes of this subdivision if the employer fails to provide accurate and complete information as required by any one or more of items (1) to (9), inclusive, of subdivision (a) and the employee cannot promptly and easily determine from the wage statement alone one or more of the following: (i) The amount of the gross wages or net wages paid to the employee during the pay period or any of the other information required to be provided on the itemized wage statement pursuant to items (2) to (4), inclusive, (6), and (9) of subdivision (a). (ii) Which deductions the employer made from gross wages to determine the net wages paid to the employee during the pay period. Nothing in this subdivision alters the ability of the employer to aggregate deductions consistent with the requirements of item (4) of subdivision (a). (iii) The name and address of the employer and, if the employer is a farm labor contractor, as defined in subdivision (b) of Section 1682, the name and address of the legal entity that secured the services of the employer during the pay period. (iv) The name of the employee and only the last four digits of their social security number or an employee identification number other than a social security number. (C) For purposes of this paragraph, “promptly and easily determine” means a reasonable person would be able to readily ascertain the information without reference to other documents or information. (3) For purposes of this subdivision, a “knowing and intentional failure” does not include an isolated and unintentional payroll error due to a clerical or inadvertent mistake. In reviewing for compliance with this section, the factfinder may consider as a relevant factor whether the employer, prior to an alleged violation, has adopted and is in compliance with a set of policies, procedures, and practices that fully comply with this section. (f) A failure by an employer to permit a current or former employee to inspect or receive a copy of records within the time set forth in subdivision (c) entitles the current or former employee or the Labor Commissioner to recover a seven-hundred-fifty-dollar ($750) penalty from the employer. (g) The listing by an employer of the name and address of the legal entity that secured the services of the employer in the itemized statement required by subdivision (a) shall not create any liability on the part of that legal entity. (h) An employee may also bring an action for injunctive relief to ensure compliance with this section, and is entitled to an award of costs and reasonable attorney’s fees. (i) This section does not apply to the state, to any city, county, city and county, district, or to any other governmental entity, except that if the state or a city, county, city and county, district, or other governmental entity furnishes its employees with a check, draft, or voucher paying the employee’s wages, the state or a city, county, city and county, district, or other governmental entity shall use no more than the last four digits of the employee’s social security number or shall use an employee identification number other than the social security number on the itemized statement provided with the check, draft, or voucher. (j) An itemized wage statement furnished by an employer pursuant to subdivision (a) shall not be required to show total hours worked by the employee if any of the following apply: (1) The employee’s compensation is solely based on salary and the employee is exempt from payment of overtime under subdivision (a) of Section 515 or any applicable order of the Industrial Welfare Commission. (2) The employee is exempt from the payment of minimum wage and overtime under any of the following: (A) The exemption for persons employed in an executive, administrative, or professional capacity provided in any applicable order of the Industrial Welfare Commission. (B) The exemption for outside salespersons provided in any applicable order of the Industrial Welfare Commission. (C) The overtime exemption for computer software professionals paid on a salaried basis provided in Section 515.5. (D) The exemption for individuals who are the parent, spouse, child, or legally adopted child of the employer provided in any applicable order of the Industrial Welfare Commission. (E) The exemption for participants, director, and staff of a live-in alternative to an incarceration rehabilitation program with special focus on substance abusers provided in Section 8002 of the Penal Code. (F) The exemption for any crew member employed on a commercial passenger fishing boat licensed pursuant to Article 5 (commencing with Section 7920) of Chapter 1 of Part 3 of Division 6 of the Fish and Game Code provided in any applicable order of the Industrial Welfare Commission. (G) The exemption for any individual participating in a national service program provided in any applicable order of the Industrial Welfare Commission. (H) The exemption for any person who has entered into a contract to play baseball at the minor league level who satisfies the requirements set forth in subdivision (a) of Section 514.5. (Amended by Stats. 2023, Ch. 866, Sec. 1. (SB 332) Effective October 13, 2023.)
  23. 226.1.

    ## 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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    A licensed security services company that only provides security services is exempt from the requirements in item (9) of Section 226(a).

    ## 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. ) ## 226.1. The requirements of item (9) of subdivision (a) of Section 226, with respect to a temporary services employer, do not apply to a security services company that is licensed by the Department of Consumer Affairs and that solely provides security services. (Added by Stats. 2012, Ch. 844, Sec. 2. (AB 1744) Effective January 1, 2013.)
  24. 226.2.

    ## 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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    Piece-rate employees must be paid separately for rest/recovery periods and other nonproductive time, and the wage statement must list those hours, rates, and gross wages.

    ## 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. ) ## 226.2. This section shall apply for employees who are compensated on a piece-rate basis for any work performed during a pay period. This section shall not be construed to limit or alter minimum wage or overtime compensation requirements, or the obligation to compensate employees for all hours worked under any other statute or local ordinance. For the purposes of this section, “applicable minimum wage” means the highest of the federal, state, or local minimum wage that is applicable to the employment, and “other nonproductive time” means time under the employer’s control, exclusive of rest and recovery periods, that is not directly related to the activity being compensated on a piece-rate basis. (a) For employees compensated on a piece-rate basis during a pay period, the following shall apply for that pay period: (1) Employees shall be compensated for rest and recovery periods and other nonproductive time separate from any piece-rate compensation. (2) The itemized statement required by subdivision (a) of Section 226 shall, in addition to the other items specified in that subdivision, separately state the following, to which the provisions of Section 226 shall also be applicable: (A) The total hours of compensable rest and recovery periods, the rate of compensation, and the gross wages paid for those periods during the pay period. (B) Except for employers paying compensation for other nonproductive time in accordance with paragraph (7), the total hours of other nonproductive time, as determined under paragraph (5), the rate of compensation, and the gross wages paid for that time during the pay period. (3) (A) Employees shall be compensated for rest and recovery periods at a regular hourly rate that is no less than the higher of: (i) An average hourly rate determined by dividing the total compensation for the workweek, exclusive of compensation for rest and recovery periods and any premium compensation for overtime, by the total hours worked during the workweek, exclusive of rest and recovery periods. (ii) The applicable minimum wage. (B) For employers who pay on a semimonthly basis, employees shall be compensated at least at the applicable minimum wage rate for the rest and recovery periods together with other wages for the payroll period during which the rest and recovery periods occurred. Any additional compensation required for those employees pursuant to clause (i) of subparagraph (A) is payable no later than the payday for the next regular payroll period. (4) Employees shall be compensated for other nonproductive time at an hourly rate that is no less than the applicable minimum wage. (5) The amount of other nonproductive time may be determined either through actual records or the employer’s reasonable estimates, whether for a group of employees or for a particular employee, of other nonproductive time worked during the pay period. (6) An employer who is found to have made a good faith error in determining the total or estimated amount of other nonproductive time worked during the pay period shall remain liable for the payment of compensation for all hours worked in other nonproductive time, but shall not be liable for statutory civil penalties, including, but not limited to, penalties under Section 226.3, or liquidated damages based solely on that error, provided that both of the following are true: (A) The employer has provided the wage statement information required by subparagraph (B) of paragraph (2) and paid the compensation due for the amount of other nonproductive time determined by the employer in accordance with the requirements of paragraphs (4) and (5). (B) The total compensation paid for any day in the pay period is no less than what is due under the applicable minimum wage and any required overtime compensation. (7) An employer who, in addition to paying any piece-rate compensation, pays an hourly rate of at least the applicable minimum wage for all hours worked, shall be deemed in compliance with paragraph (4). (b) This section shall become operative on January 1, 2021. (Repealed (in Sec. 4) and added by Stats. 2015, Ch. 754, Sec. 5. (AB 1513) Effective January 1, 2016. Section operative January 1, 2021, by its own provisions.)
  25. 226.3.

    ## 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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    Employers who violate Section 226(a) can be fined, and the Labor Commissioner may waive the penalty for a first inadvertent violation caused by clerical error or mistake.

    ## 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. ) ## 226.3. Any employer who violates subdivision (a) of Section 226 shall be subject to a civil penalty in the amount of two hundred fifty dollars ($250) per employee per violation in an initial citation and one thousand dollars ($1,000) per employee for each violation in a subsequent citation, for which the employer fails to provide the employee a wage deduction statement or fails to keep the records required in subdivision (a) of Section 226. The civil penalties provided for in this section are in addition to any other penalty provided by law. 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 an employer for a first violation when that violation was due to a clerical error or inadvertent mistake. (Amended by Stats. 1992, Ch. 424, Sec. 1. Effective January 1, 1993.)
  26. 226.4.

    ## 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 the Labor Commissioner finds a Section 226(a) violation during an inspection or investigation, the Commissioner may issue a written citation.

    ## 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. ) ## 226.4. If, upon inspection or investigation, the Labor Commissioner determines that an employer is in violation of subdivision (a) of Section 226, the Labor Commissioner may issue a citation to the person in violation. The citation may be served personally, in the same manner as provided for service of a summons as described in Chapter 4 (commencing with Section 413.10) of Title 5 of Part 2 of the Code of Civil Procedure, by certified mail with return receipt requested, or by registered mail in accordance with subdivision (c) of Section 11505 of the Government Code. Each citation shall be in writing and shall describe the nature of the violation, including reference to the statutory provision alleged to have been violated. (Amended by Stats. 2017, Ch. 28, Sec. 10. (SB 96) Effective June 27, 2017.)
  27. 226.5.

    ## 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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    This section sets deadlines and steps for contesting a citation or civil penalty, paying the amount instead, and getting judgment entered if no contest is filed.

    ## 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. ) ## 226.5. (a) If a person desires to contest a citation or the proposed assessment of a civil penalty therefor, he or she shall within 15 business days after service of the citation notify the office of the Labor Commissioner which appears on the citation of his or her request for an informal hearing. The Labor Commissioner or his or her deputy or agent shall, within 30 days, hold a hearing at the conclusion of which the citation or proposed assessment of a civil penalty shall be affirmed, modified, or dismissed. The decision of the Labor Commissioner shall consist of a notice of findings, findings, and order which shall be served on all parties to the hearing within 15 days after the hearing by regular first-class mail at the last known address of the party on file with the Labor Commissioner. Service shall be completed pursuant to Section 1013 of the Code of Civil Procedure. Any amount found due by the Labor Commissioner as a result of a hearing shall become due and payable 45 days after notice of the findings and written findings and order have been mailed to the party assessed. A writ of mandate may be taken from this finding to the appropriate superior court, as long as the party agrees to pay any judgment and costs ultimately rendered by the court against the party for the assessment. The writ shall be taken within 45 days of service of the notice of findings, findings, and order thereon. (b) A person to whom a citation has been issued shall, in lieu of contesting a citation pursuant to this section, transmit to the office of the Labor Commissioner designated on the citation the amount specified for the violation within 15 business days after issuance of the citation. (c) When no petition objecting to a citation or the proposed assessment of a civil penalty is filed, a certified copy of the citation or proposed civil penalty may be filed by the Labor Commissioner in the office of the clerk or the superior court in any county in which the person assessed has or had a place of business. The clerk, immediately upon the filing, shall enter judgment for the state against the person assessed in the amount shown on the citation or proposed assessment of a civil penalty. (d) When findings and the order thereon are made affirming or modifying a citation or proposed assessment of a civil penalty after hearing, a certified copy of these findings and the order entered thereon may be entered by the Labor Commissioner in the office of the clerk of the superior court in any county in which the person assessed has property or in which the person assessed has or had a place of business. The clerk, immediately upon the filing, shall enter judgment for the state against the person assessed in the amount shown on the certified order. (e) A judgment entered pursuant to this section shall bear the same rate of interest and shall have the same effect as other judgments and be given the same preference allowed by the law on other judgments rendered for claims for taxes. The clerk shall make no charge for the service provided by this section to be performed by him or her. (Amended by Stats. 1988, Ch. 96, Sec. 4.)
  28. 226.6.

    ## 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. )

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    Knowingly and intentionally violating Section 226, or aiding that violation, is a misdemeanor punishable by up to $1,000, up to one year in jail, or both.

    ## 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. ) ## 226.6. Any employer who knowingly and intentionally violates the provisions of Section 226, or any officer, agent, employee, fiduciary, or other person who has the control, receipt, custody, or disposal of, or pays, the wages due any employee, and who knowingly and intentionally participates or aids in the violation of any provision of Section 226 is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one thousand dollars ($1,000) or be imprisoned not to exceed one year, or both, at the discretion of the court. That fine or imprisonment, or both, shall be in addition to any other penalty provided by law. (Amended by Stats. 2010, Ch. 328, Sec. 150.5. (SB 1330) Effective January 1, 2011.)
  29. 226.75.

    ## 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 allows limited rest-period interruptions for certain safety-sensitive employees at petroleum facilities or refineries, and requires replacement rest time or pay if the rest period cannot be provided.

    ## 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. ) ## 226.75. (a) Notwithstanding any provision of this code or of Industrial Welfare Commission Wage Order No. 1, the requirement that employees be relieved of all duties during rest periods shall not apply with respect to an employee holding a safety-sensitive position at a petroleum facility or other refinery to the extent that the employee is required to carry and monitor a communication device, such as a radio, pager, or other form of instant communication, and to respond to emergencies, or is required to remain on employer premises to monitor the premises and respond to emergencies. (b) If a nonexempt employee covered by this section is affirmatively required to interrupt that employee’s rest period to address an emergency, another rest period shall be authorized and permitted reasonably promptly after the circumstances that led to the interruption have passed. If circumstances do not allow for the employee to take such a rest period, the employer shall pay the employee one hour of pay at the employee’s regular rate of pay for the rest period that was not provided. (c) An employer that operates a petroleum facility or other refinery shall include, as part of the itemized statement that the employer is required to furnish pursuant to subdivision (a) of Section 226, the total hours or pay owed to an employee, as described in subdivision (a), on account of a rest period that was not authorized or permitted for the reasons described in subdivision (b) or any other reason. (d) As used in this section: (1) “Petroleum facilities” means petroleum refineries, marine and onshore terminals handling crude oil and petroleum products, bulk marketing terminals, asphalt plants, gas plants, catalyst plants, carbon plants, and any other facility involved in the processing, refining, transport, or storage of crude oil or petroleum products. (2) “Other refinery” means an establishment that produces fuel through the processing of alternative feedstock as described in subdivision (c) of Section 7853. (3) “Safety-sensitive position” means a job in which the employee’s job duties reasonably include responding to emergencies at a petroleum facility or other refinery. (4) “Emergency” means a situation or event requiring prompt or immediate intervention to prevent or respond to a disruption in normal operations, which could cause harm to employees, equipment, the environment, or the community. (e) This section shall apply only to employees subject to Industrial Welfare Commission Wage Order No. 1. (f) This section also only applies to an employee specified in subdivision (a) if both of the following conditions are satisfied: (1) The employee is covered by a valid collective bargaining agreement. (2) The valid collective bargaining agreement expressly provides for the wages, hours of work, and working conditions of employees, and expressly provides for rest periods for those employees, final and binding arbitration of disputes concerning application of its rest period provisions, premium wage rates for all overtime hours worked, and a regular hourly rate of pay of not less than 30 percent more than the state minimum wage rate. (g) This section shall not apply to existing cases filed before the effective date of this section. (Amended by Stats. 2025, Ch. 42, Sec. 1. (AB 751) Effective January 1, 2026.)
  30. 226.8.

    ## 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. )

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    It is unlawful for a person or employer to willfully misclassify someone as an independent contractor, and it also bars charging fees or making deductions from that person’s compensation for related purposes.

    ## 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. ) ## 226.8. (a) It is unlawful for any person or employer to engage in any of the following activities: (1) Willful misclassification of an individual as an independent contractor. (2) Charging an individual who has been willfully misclassified as an independent contractor a fee, or making any deductions from compensation, for any purpose, including for goods, materials, space rental, services, government licenses, repairs, equipment maintenance, or fines arising from the individual’s employment where any of the acts described in this paragraph would have violated the law if the individual had not been misclassified. (b) If the Labor and Workforce Development Agency or a court issues a determination that a person or employer has engaged in any of the enumerated violations of subdivision (a), the person or employer shall be subject to a civil penalty of not less than five thousand dollars ($5,000) and not more than fifteen thousand dollars ($15,000) for each violation, in addition to any other penalties or fines permitted by law. (c) If the Labor and Workforce Development Agency or a court issues a determination that a person or employer has engaged in any of the enumerated violations of subdivision (a) and the person or employer has engaged in or is engaging in a pattern or practice of these violations, the person or employer shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than twenty-five thousand dollars ($25,000) for each violation, in addition to any other penalties or fines permitted by law. (d) (1) If the Labor and Workforce Development Agency or a court issues a determination that a person or employer that is a licensed contractor pursuant to the Contractors State License Law has violated subdivision (a), the agency, in addition to any other remedy that has been ordered, shall transmit a certified copy of the order to the Contractors State License Board. (2) The registrar of the Contractors State License Board shall initiate disciplinary action against a licensee within 30 days of receiving a certified copy of an agency or court order that resulted in disbarment pursuant to paragraph (1). (e) If the Labor and Workforce Development Agency or a court issues a determination that a person or employer has violated subdivision (a), the agency or court, in addition to any other remedy that has been ordered, shall order the person or employer to display prominently on its internet website, in an area which is accessible to all employees and the general public, or, if the person or employer does not have an internet website, to display prominently in an area that is accessible to all employees and the general public at each location where a violation of subdivision (a) occurred, a notice that sets forth all of the following: (1) That the Labor and Workforce Development Agency or a court, as applicable, has found that the person or employer has committed a serious violation of the law by engaging in the willful misclassification of employees. (2) That the person or employer has changed its business practices in order to avoid committing further violations of this section. (3) That any employee who believes that they are being misclassified as an independent contractor may contact the Labor and Workforce Development Agency. The notice shall include the mailing address, email address, and telephone number of the agency. (4) That the notice is being posted pursuant to a state order. (f) In addition to including the information specified in subdivision (e), a person or employer also shall satisfy the following requirements in preparing the notice: (1) An officer shall sign the notice. (2) It shall post the notice for one year commencing with the date of the final decision and order. (g) (1) In accordance with the procedures set forth in Sections 98, 98.1, 98.2, 98.3, 98.7, 98.74, or 1197.1, the Labor Commissioner may enforce this section and issue a determination that a person or employer has violated subdivision (a). This enforcement of this section may include investigating an alleged violation of subdivision (a), ordering appropriate temporary relief to mitigate the violation or to maintain the status quo pending the completion of an investigation or hearing, issuance of a citation against an employer who violates subdivision (a), and filing a civil action. If a citation is issued, the procedures for issuing, contesting, and enforcing judgments for citations and civil penalties issued by the Labor Commissioner shall be the same as those set out in Section 98.74 or 1197.1, as appropriate. A public prosecutor, as defined in subdivision (a) of Section 181, may also enforce this section by seeking the damages described in paragraph (2). (2) In any enforcement pursuant to this subdivision, for each employee subject to Sections 98 to 98.2, inclusive, the Labor Commissioner under Section 98.3, 98.7, 98.74, or 1197.1, or a public prosecutor, as defined in subdivision (a) of Section 181, may alternatively recover the penalties set forth in subdivisions (b) and (c) as damages payable to the employee. An employee is entitled to either recover the damages as 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. Except as specified in this section, the remedy provided by this section is cumulative and does not limit the availability of any other remedy available to the employee. (h) Any administrative or civil penalty, damages, or disciplinary action pursuant to this section shall remain in effect against any successor corporation, owner, or business entity that satisfies both of the following: (1) Has one or more of the same principals or officers as the person or employer subject to the penalty or action. (2) Is engaged in the same or a similar business as the person or employer subject to the penalty or action. (i) For purposes of this section, the following definitions apply: (1) “Determination” means an order, decision, award, or citation issued by an agency or a court of competent jurisdiction for which the time to appeal has expired and for which no appeal is pending. (2) “Labor and Workforce Development Agency” means the Labor and Workforce Development Agency or any of its departments, divisions, commissions, boards, or agencies. (3) “Officer” means the chief executive officer, president, any vice president in charge of a principal business unit, division, or function, or any other officer of the corporation who performs a policymaking function. If the employer is a partnership, “officer” means a partner. If the employer is a sole proprietor, “officer” means the owner. (4) “Willful misclassification” means avoiding employee status for an individual by voluntarily and knowingly misclassifying that individual as an independent contractor. (j) Nothing in this section is intended to limit any rights or remedies otherwise available at law. (Amended by Stats. 2025, Ch. 67, Sec. 133. (AB 1170) Effective January 1, 2026.)
  31. 2260.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 9. HEALTH [2260 - 2441] ( Part 9 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Sanitary Conditions [2260 - 2441] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. Sanitary Standards [2260- 2260.] ( Article 1 repealed and added by Stats. 1994, Ch. 486, Sec. 2. )

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    Employers must comply with sanitary-facility standards adopted by the Occupational Safety and Health Standards Board.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 9. HEALTH [2260 - 2441] ( Part 9 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Sanitary Conditions [2260 - 2441] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. Sanitary Standards [2260- 2260.] ( Article 1 repealed and added by Stats. 1994, Ch. 486, Sec. 2. ) ## 2260. All employers shall comply with standards relating to sanitary facilities adopted by the Occupational Safety and Health Standards Board pursuant to Chapter 6 (commencing with Section 140) of Division 1. (Repealed and added by Stats. 1994, Ch. 486, Sec. 2. Effective January 1, 1995.)
  32. 227.

    ## 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 that withholds money from wages or agrees to make benefit-related payments must not willfully or fraudulently fail to send the money or make the required payments.

    ## 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. ) ## 227. If an employer has made withholdings from an employee’s wages pursuant to state, local, or federal law, or has agreed with any employee to make payments to a health or welfare fund, pension fund, or vacation plan, or other similar plan for the benefit of the employees, or a negotiated industrial promotion fund, or has entered into a collective bargaining agreement providing for these payments, it shall be unlawful for that employer willfully or with intent to defraud to fail to remit the withholdings to the proper agency or to fail to make the payments required by the terms of that agreement. A violation of any provision of this section when the amount the employer failed to pay into the fund or funds exceeds five hundred dollars ($500) shall be punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or in a county jail for a period of not more than one year, by a fine of not more than one thousand dollars ($1,000), or by both that imprisonment and fine. All other violations shall be punishable as a misdemeanor. In a criminal proceeding under this section, any withholdings that are recovered from an employer shall be forwarded to the appropriate fund or plan and, if restitution is imposed, the court shall direct to which agency, entity, or person it shall be paid. (Amended by Stats. 2013, Ch. 718, Sec. 1. (SB 390) Effective January 1, 2014.)
  33. 227.3.

    ## 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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    If a worker is terminated with unused vested vacation time, that vacation must be paid as wages at the employee’s final rate, unless a collective-bargaining agreement says otherwise.

    ## 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. ) ## 227.3. Unless otherwise provided by a collective-bargaining agreement, whenever a contract of employment or employer policy provides for paid vacations, and an employee is terminated without having taken off his vested vacation time, all vested vacation shall be paid to him as wages at his final rate in accordance with such contract of employment or employer policy respecting eligibility or time served; provided, however, that an employment contract or employer policy shall not provide for forfeiture of vested vacation time upon termination. The Labor Commissioner or a designated representative, in the resolution of any dispute with regard to vested vacation time, shall apply the principles of equity and fairness. (Amended by Stats. 1976, Ch. 1041.)
  34. 227.5.

    ## 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 must give an employee an annual written statement, on the employee’s written request, about whether agreed payments to certain benefit plans have been made and for what 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. ) ## 227.5. Whenever an employer has agreed with any employee to make payments to a health or welfare fund, pension fund or vacation plan, or such other plan for the benefit of the employee, or has entered into a collective bargaining agreement providing for such payments, the employer upon written request of the employee shall furnish such employee annually a statement indicating whether or not such payments have been made and for what periods. (Added by Stats. 1963, Ch. 898.)
  35. 228.

    ## 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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    Payments under Section 227 are treated as including payments to apprenticeship funds.

    ## 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. ) ## 228. The payments under Section 227 of this code shall be deemed to include payments to apprenticeship funds. This amendment is hereby declared to be merely a clarification of the original intention of the Legislature and is not a substantive change. (Added by Stats. 1961, Ch. 1218.)
  36. 229.

    ## 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 wage-collection action for an individual’s due and unpaid wages may proceed even if there is an arbitration agreement, except for disputes about interpreting or applying a collective bargaining agreement that includes such an agreement.

    ## 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. ) ## 229. Actions to enforce the provisions of this article for the collection of due and unpaid wages claimed by an individual may be maintained without regard to the existence of any private agreement to arbitrate. This section shall not apply to claims involving any dispute concerning the interpretation or application of any collective bargaining agreement containing such an arbitration agreement. (Added by Stats. 1959, Ch. 1939.)
  37. 23.

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

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    Misdemeanor offenses under this code are punishable by up to six months in county jail, a fine up to $1,000, or both, unless a different punishment is prescribed.

    ## Labor Code - LAB ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 90. ) ## 23. Except in cases where a different punishment is prescribed, every offense declared by this code to be a misdemeanor is punishable by imprisonment in a county jail, not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000), or both. (Amended by Stats. 1983, Ch. 1092, Sec. 187. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
  38. 230.

    ## 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 may not retaliate or discriminate against employees for jury service, court appearances, victim-related leave, or protected accommodation requests, and employees can be entitled to reinstatement and lost-wage reimbursement.

    ## 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. ) ## 230. (a) An employer shall not discharge or in any manner discriminate against an employee for taking time off to serve as required by law on an inquest jury or trial jury, if the employee, prior to taking the time off, gives reasonable notice to the employer that the employee is required to serve. (b) An employer shall not discharge or in any manner discriminate or retaliate against an employee, including, but not limited to, an employee who is a victim of a crime, for taking time off to appear in court to comply with a subpoena or other court order as a witness in any judicial proceeding. (c) An employer shall not discharge or in any manner discriminate or retaliate against an employee who is a victim for taking time off from work to obtain or attempt to obtain any relief. Relief includes, but is not limited to, a temporary restraining order, restraining order, or other injunctive relief, to help ensure the health, safety, or welfare of the victim or their child. (d) (1) As a condition of taking time off for a purpose set forth in subdivision (c), the employee shall give the employer reasonable advance notice of the employee’s intention to take time off, unless the advance notice is not feasible. (2) When an unscheduled absence occurs, the employer shall not take any action against the employee if the employee, within a reasonable time after the absence, provides a certification to the employer. Certification shall be sufficient in the form of any of the following: (A) A police report indicating that the employee was a victim. (B) A court order protecting or separating the employee from the perpetrator of the crime or abuse, or other evidence from the court or prosecuting attorney that the employee has appeared in court. (C) Documentation from a licensed medical professional, domestic violence counselor, as defined in Section 1037.1 of the Evidence Code, a sexual assault counselor, as defined in Section 1035.2 of the Evidence Code, victim advocate, licensed health care provider, or counselor that the employee was undergoing treatment or receiving services for physical or mental injuries or abuse resulting in victimization from the crime or abuse. (D) Any other form of documentation that reasonably verifies that the crime or abuse occurred, including, but not limited to, a written statement signed by the employee, or an individual acting on the employee’s behalf, certifying that the absence is for a purpose authorized under this section or under Section 230.1. (3) To the extent allowed by law and consistent with subparagraph (D) of paragraph (7) of subdivision (f), the employer shall maintain the confidentiality of any employee requesting leave under subdivision (c). (e) An employer shall not discharge or in any manner discriminate or retaliate against an employee because of the employee’s status as a victim of crime or abuse, if the employee provides notice to the employer of the status or the employer has actual knowledge of the status. (f) (1) An employer shall provide reasonable accommodations for a victim of domestic violence, sexual assault, or stalking, who requests an accommodation for the safety of the victim while at work. (2) For purposes of this subdivision, reasonable accommodations may include the implementation of safety measures, including a transfer, reassignment, modified schedule, changed work telephone, changed work station, installed lock, assistance in documenting domestic violence, sexual assault, stalking, or other crime that occurs in the workplace, an implemented safety procedure, or another adjustment to a job structure, workplace facility, or work requirement in response to domestic violence, sexual assault, stalking, or other crime, or referral to a victim assistance organization. (3) An employer is not required to provide a reasonable accommodation to an employee who has not disclosed the employee’s status as a victim of domestic violence, sexual assault, or stalking. (4) The employer shall engage in a timely, good faith, and interactive process with the employee to determine effective reasonable accommodations. (5) In determining whether the accommodation is reasonable, the employer shall consider an exigent circumstance or danger facing the employee. (6) This subdivision does not require the employer to undertake an action that constitutes an undue hardship on the employer’s business operations, as defined by Section 12926 of the Government Code. For the purposes of this subdivision, an undue hardship also includes an action that would violate an employer’s duty to furnish and maintain a place of employment that is safe and healthful for all employees as required by Section 6400 of the Labor Code. (7) (A) Upon the request of an employer, an employee requesting a reasonable accommodation pursuant to this subdivision shall provide the employer a written statement signed by the employee or an individual acting on the employee’s behalf, certifying that the accommodation is for a purpose authorized under this subdivision. (B) The employer may also request certification from an employee requesting an accommodation pursuant to this subdivision demonstrating the employee’s status as a victim of domestic violence, sexual assault, or stalking. Certification shall be sufficient in the form of any of the categories described in paragraph (3) of subdivision (d). (C) An employer who requests certification pursuant to subparagraph (B) may request recertification of an employee’s status as a victim of domestic violence, sexual assault, or stalking, or ongoing circumstances related to the crime or abuse, every six months after the date of the previous certification. (D) Any verbal or written statement, police or court record, or other documentation provided to an employer identifying an employee as a victim shall be maintained as confidential by the employer and shall not be disclosed by the employer except as required by federal or state law or as necessary to protect the employee’s safety in the workplace. The employee shall be given notice before any authorized disclosure. (E) (i) If circumstances change and an employee needs a new accommodation, the employee shall request a new accommodation from the employer. (ii) Upon receiving the request, the employer shall engage in a timely, good faith, and interactive process with the employee to determine effective reasonable accommodations. (F) If an employee no longer needs an accommodation, the employee shall notify the employer that the accommodation is no longer needed. (8) An employer shall not retaliate against a victim for requesting a reasonable accommodation, regardless of whether the request was granted. (g) (1) An employee who is discharged, threatened with discharge, demoted, suspended, or in any other manner discriminated or retaliated against in the terms and conditions of employment by their employer because the employee has taken time off for a purpose set forth in subdivision (a) or (b) shall be entitled to reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer. (2) An employee who is discharged, threatened with discharge, demoted, suspended, or in any other manner discriminated or retaliated against in the terms and conditions of employment by their employer for reasons prohibited in subdivision (c) or (e), or because the employee has requested or received a reasonable accommodation as set forth in subdivision (f), shall be entitled to reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer, as well as appropriate equitable relief. (3) An employer who willfully refuses to rehire, promote, or otherwise restore an employee or former employee who has been determined to be eligible for rehiring or promotion by a grievance procedure or hearing authorized by law is guilty of a misdemeanor. (h) (1) An employee who is discharged, threatened with discharge, demoted, suspended, or in any other manner discriminated or retaliated against in the terms and conditions of employment by their employer because the employee has exercised their rights as set forth in subdivision (a), (b), (c), (e), or (f) may file a complaint with the Division of Labor Standards Enforcement of the Department of Industrial Relations pursuant to Section 98.7. (2) Notwithstanding any time limitation in Section 98.7, an employee may file a complaint with the division based upon a violation of subdivision (c), (e), or (f) within one year from the date of occurrence of the violation. (i) An employee may use vacation, personal leave, or compensatory time off that is otherwise available to the employee under the applicable terms of employment, unless otherwise provided by a collective bargaining agreement, for time taken off for a purpose specified in subdivision (a), (b), or (c). The entitlement of any employee under this section shall not be diminished by any collective bargaining agreement term or condition. (j) For purposes of this section: (1) “Crime” means a crime or public offense as set forth in Section 13951 of the Government Code, and regardless of whether any person is arrested for, prosecuted for, or convicted of, committing the crime. (2) “Domestic violence” means any of the types of abuse set forth in Section 6211 of the Family Code, as amended. (3) “Immediate family member” means a person who is any of the following: (A) Regardless of age, a biological, adopted, or foster child, stepchild, or legal ward, a child of a domestic partner, a child to whom the employee stands in loco parentis, or a person to whom the employee stood in loco parentis when the person was a minor. (B) A biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or an employee’s spouse or domestic partner, or a person who stood in loco parentis when the employee or the employee’s spouse or domestic partner was a minor child. (C) A person to whom the employee is legally married under the laws of any state, or a domestic partner of an employee as registered under the laws of any state or political subdivision. (D) A biological, foster, or adoptive sibling, a stepsibling, or a half sibling. (E) Any other individual whose close association with the employee is the equivalent of a family relationship described in subparagraph (A), (B), (C), or (D). (4) “Sexual assault” means any of the crimes set forth in Section 261, 261.5, 262, 265, 266, 266a, 266b, 266c, 266g, 266j, 267, 269, 273.4, 285, 286, 287, 288, 288.5, 289, or 311.4 of, or former Section 288a of, the Penal Code, as amended. (5) “Stalking” means a crime set forth in Section 646.9 of the Penal Code or Section 1708.7 of the Civil Code. (6) “Victim” includes any of the following: (A) A victim of stalking, domestic violence, or sexual assault. (B) A victim of a crime that caused physical injury or that caused mental injury and a threat of physical injury. (C) A person whose immediate family member is deceased as the direct result of a crime. (D) For the purposes of subdivision (b) only, any person against whom any crime has been committed. (7) “Victim advocate” means an individual, whether paid or serving as a volunteer, who provides services to victims under the auspices or supervision of an agency or organization that has a documented record of providing services to victims, or under the auspices or supervision of a court or a law enforcement or prosecution agency. (k) This section shall apply only to alleged actions or inactions occurring on or before December 31, 2024. (l) This section shall remain in effect only until January 1, 2035, and as of that date is repealed. (Added by Stats. 2025, Ch. 148, Sec. 2. (AB 406) Effective October 1, 2025. Repealed as of January 1, 2035, by its own provisions.)
  39. 230.1.

    ## 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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    Employers with 25 or more employees may not punish a victim employee for taking qualifying time off, and they must give written notice of employee rights.

    ## 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. ) ## 230.1. (a) In addition to the requirements and prohibitions imposed on employees pursuant to Section 230, an employer with 25 or more employees shall not discharge, or in any manner discriminate or retaliate against, an employee who is a victim, for taking time off from work for any of the following purposes: (1) To seek medical attention for injuries caused by crime or abuse. (2) To obtain services from a domestic violence shelter, program, rape crisis center, or victim services organization or agency as a result of the crime or abuse. (3) To obtain psychological counseling or mental health services related to an experience of crime or abuse. (4) To participate in safety planning and take other actions to increase safety from future crime or abuse, including temporary or permanent relocation. (b) (1) As a condition of taking time off for a purpose set forth in subdivision (a), the employee shall give the employer reasonable advance notice of the employee’s intention to take time off, unless the advance notice is not feasible. (2) When an unscheduled absence occurs, the employer shall not take any action against the employee if the employee, within a reasonable time after the absence, provides a certification to the employer. Certification shall be sufficient in the form of any of the categories described in paragraph (2) of subdivision (d) of Section 230. (3) To the extent allowed by law and consistent with subparagraph (D) of paragraph (7) of subdivision (f) of Section 230, employers shall maintain the confidentiality of any employee requesting leave under subdivision (a). (c) An employee who is discharged, threatened with discharge, demoted, suspended, or in any other manner discriminated or retaliated against in the terms and conditions of employment by their employer because the employee has taken time off for a purpose set forth in subdivision (a) is entitled to reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer, as well as appropriate equitable relief. An employer who willfully refuses to rehire, promote, or otherwise restore an employee or former employee who has been determined to be eligible for rehiring or promotion by a grievance procedure or hearing authorized by law is guilty of a misdemeanor. (d) (1) An employee who is discharged, threatened with discharge, demoted, suspended, or in any other manner discriminated or retaliated against in the terms and conditions of employment by their employer because the employee has exercised their rights as set forth in subdivision (a) may file a complaint with the Division of Labor Standards Enforcement of the Department of Industrial Relations pursuant to Section 98.7. (2) Notwithstanding any time limitation in Section 98.7, an employee may file a complaint with the division based upon a violation of subdivision (a) within one year from the date of occurrence of the violation. (e) An employee may use vacation, personal leave, or compensatory time off that is otherwise available to the employee under the applicable terms of employment, unless otherwise provided by a collective bargaining agreement, for time taken off for a purpose specified in subdivision (a). The entitlement of any employee under this section shall not be diminished by any term or condition of a collective bargaining agreement. (f) This section does not create a right for an employee to take unpaid leave that exceeds the unpaid leave time allowed under, or is in addition to the unpaid leave time permitted by, the federal Family and Medical Leave Act of 1993 (29 U.S.C. Sec. 2601 et seq.). (g) For purposes of this section: (1) “Crime” means a crime or public offense as set forth in Section 13951 of the Government Code, and regardless of whether any person is arrested for, prosecuted for, or convicted of, committing the crime. (2) “Domestic violence” means any of the types of abuse set forth in Section 6211 of the Family Code, as amended. (3) “Immediate family member” means a person who is any of the following: (A) Regardless of age, a biological, adopted, or foster child, stepchild, or legal ward, a child of a domestic partner, a child to whom the employee stands in loco parentis, or a person to whom the employee stood in loco parentis when the person was a minor. (B) A biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or an employee’s spouse or domestic partner, or a person who stood in loco parentis when the employee or the employee’s spouse or domestic partner was a minor child. (C) A person to whom the employee is legally married under the laws of any state, or a domestic partner of an employee as registered under the laws of any state or political subdivision. (D) A biological, foster, or adoptive sibling, a stepsibling, or a half sibling. (E) Any other individual whose close association with the employee is the equivalent of a family relationship described in subparagraph (A), (B), (C), or (D). (4) “Sexual assault” means any of the crimes set forth in Section 261, 261.5, 262, 265, 266, 266a, 266b, 266c, 266g, 266j, 267, 269, 273.4, 285, 286, 287, 288, 288.5, 289, or 311.4 of, or former Section 288a of, the Penal Code, as amended. (5) “Stalking” means a crime set forth in Section 646.9 of the Penal Code or Section 1708.7 of the Civil Code. (6) “Victim” includes any of the following: (A) A victim of stalking, domestic violence, or sexual assault. (B) A victim of a crime that caused physical injury or that caused mental injury and a threat of physical injury. (C) A person whose immediate family member is deceased as the direct result of a crime. (7) “Victim services organization or agency” means an agency or organization that has a documented record of providing services to victims. (h) (1) Employers shall inform each employee of their rights established under this section and subdivisions (c), (e), and (f) of Section 230 in writing. The information shall be provided to new employees upon hire and to other employees upon request. (2) The Labor Commissioner shall develop a form that an employer may use to comply with the notice requirements in paragraph (1). The form shall set forth the rights and duties of employers and employees under this section in clear and concise language. The Labor Commissioner shall post the form on the commissioner’s internet website to make it available to employers who are required to comply with this section. If an employer elects not to use the form developed by the Labor Commissioner, the notice provided by the employer to the employees shall be substantially similar in content and clarity to the form developed by the Labor Commissioner. The Labor Commissioner shall revise the form and post it in accordance with this paragraph on or before January 1, 2022. (3) Employers shall not be required to comply with paragraph (1) until the Labor Commissioner posts the form on the commissioner’s internet website in accordance with paragraph (2). (i) This section shall apply only to alleged actions or inactions occurring on or before December 31, 2024. (j) This section shall remain in effect only until January 1, 2035, and as of that date is repealed. (Added by Stats. 2025, Ch. 148, Sec. 3. (AB 406) Effective October 1, 2025. Repealed as of January 1, 2035, by its own provisions.)
  40. 230.2.

    ## 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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    Employers must let covered employees miss work for crime-related judicial proceedings and must not retaliate or keep absence records public.

    ## 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. ) ## 230.2. (a) As used in this section: (1) “Immediate family member” means spouse, child, stepchild, brother, stepbrother, sister, stepsister, mother, stepmother, father, or stepfather. (2) “Registered domestic partner” means a domestic partner, as defined in Section 297 of the Family Code, and registered pursuant to Part 2 (commencing with Section 298) of Division 2.5 of the Family Code. (3) “Victim” means a person against whom one of the following crimes has been committed: (A) A violent felony, as defined in subdivision (c) of Section 667.5 of the Penal Code. (B) A serious felony, as defined in subdivision (c) of Section 1192.7 of the Penal Code. (C) A felony provision of law proscribing theft or embezzlement. (b) An employer, and any agent of an employer, shall allow an employee who is a victim of a crime, an immediate family member of a victim, a registered domestic partner of a victim, or the child of a registered domestic partner of a victim to be absent from work in order to attend judicial proceedings related to that crime. (c) Before an employee may be absent from work pursuant to subdivision (b), the employee shall give the employer a copy of the notice of each scheduled proceeding that is provided to the victim by the agency responsible for providing notice, unless advance notice is not feasible. When advance notice is not feasible or an unscheduled absence occurs, the employer shall not take any action against the employee if the employee, within a reasonable time after the absence, provides the employer with documentation evidencing the judicial proceeding from any of the following entities: (1) The court or government agency setting the hearing. (2) The district attorney or prosecuting attorney’s office. (3) The victim/witness office that is advocating on behalf of the victim. (d) An employee who is absent from work pursuant to subdivision (b) may elect to use the employee’s accrued paid vacation time, personal leave time, sick leave time, compensatory time off that is otherwise available to the employee, or unpaid leave time, unless otherwise provided by a collective bargaining agreement, for an absence pursuant to subdivision (b). The entitlement of any employee under this section shall not be diminished by any collective bargaining agreement term or condition. (e) An employer shall keep confidential any records regarding the employee’s absence from work pursuant to subdivision (b). (f) An employer may not discharge from employment or in any manner discriminate against an employee, in compensation or other terms, conditions, or privileges of employment, including, but not limited to, the loss of seniority or precedence, because the employee is absent from work pursuant to this section. (g) (1) Any employee who is discharged, threatened with discharge, demoted, suspended, or in any other manner discriminated or retaliated against in the terms and conditions of employment by their employer because the employee has exercised their rights as set forth in subdivision (b) may file a complaint with the Division of Labor Standards Enforcement of the Department of Industrial Relations pursuant to Section 98.7. (2) Notwithstanding any time limitation in Section 98.7, an employee filing a complaint with the division based upon a violation of subdivision (b) shall have one year from the date of occurrence of the violation to file a complaint. (h) District attorney and victim/witness offices are encouraged to make information regarding this section available for distribution at their offices. (i) This section shall apply only to alleged actions or inactions occurring on or before December 31, 2025. (j) This section shall remain in effect only until January 1, 2035, and as of that date is repealed. (Amended by Stats. 2025, Ch. 148, Sec. 4. (AB 406) Effective October 1, 2025. Repealed as of January 1, 2035, by its own provisions.)
  41. 230.3.

    ## 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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    Employers may not retaliate against employees for taking emergency-duty leave, and eligible employees can get reinstatement and lost-wage/work-benefit reimbursement.

    ## 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. ) ## 230.3. (a) An employer shall not discharge or in any manner discriminate against an employee for taking time off to perform emergency duty as a volunteer firefighter, a reserve peace officer, or emergency rescue personnel. (b) An employee who is discharged, threatened with discharge, demoted, suspended, or in any other manner discriminated against in the terms and conditions of employment by his or her employer because the employee has taken time off to perform emergency duty as a volunteer firefighter, a reserve peace officer, or emergency rescue personnel shall be entitled to reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer. Any employer who willfully refuses to rehire, promote, or otherwise restore an employee or former employee who has been determined to be eligible for rehiring or promotion by a grievance procedure, arbitration, or hearing authorized by law, is guilty of a misdemeanor. (c) (1) Subdivisions (a) and (b) of this section shall not apply to any public safety agency or provider of emergency medical services if, as determined by the employer, the employee’s absence would hinder the availability of public safety or emergency medical services. (2) An employee who is a health care provider shall notify his or her employer at the time the employee becomes designated as emergency rescue personnel and when the employee is notified that he or she will be deployed as a result of that designation. (d) (1) For purposes of this section, “volunteer firefighter” shall have the same meaning as the term “volunteer” in Section 50952 of the Government Code. (2) For purposes of this section, “emergency rescue personnel” means any person who is an officer, employee, or member of a fire department or fire protection or firefighting agency of the federal government, the State of California, a city, county, city and county, district, or other public or municipal corporation or political subdivision of this state, or of a sheriff’s department, police department, or a private fire department, or of a disaster medical response entity sponsored or requested by this state, whether that person is a volunteer or partly paid or fully paid, while he or she is actually engaged in providing emergency services as defined by Section 1799.107 of the Health and Safety Code. (3) For purposes of this section, “health care provider” means any person licensed or certified pursuant to Division 2 (commencing with Section 500) of the Business and Professions Code, or licensed pursuant to the Osteopathic Initiative Act, or the Chiropractic Initiative Act. (Amended by Stats. 2014, Ch. 343, Sec. 1. (AB 2536) Effective January 1, 2015.)
  42. 230.4.

    ## 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 employees may take up to 14 days of unpaid temporary leave per year for firefighting, law enforcement, or emergency rescue training, and may seek reinstatement and reimbursement if they are punished for taking that time off.

    ## 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. ) ## 230.4. (a) An employee who performs duty as a volunteer firefighter, a reserve peace officer, or as emergency rescue personnel, as defined in Section 230.3, and who works for an employer employing 50 or more employees, shall be permitted to take temporary leaves of absence, not to exceed an aggregate of 14 days per calendar year, for the purpose of engaging in fire, law enforcement, or emergency rescue training. (b) An employee who works for an employer employing 50 or more employees who is discharged, threatened with discharge, demoted, suspended, or in any other manner discriminated against in the terms and conditions of employment by his or her employer because the employee has taken time off to engage in fire, law enforcement, or emergency rescue training as provided in subdivision (a), is entitled to reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer. (c) An employee seeking reinstatement and reimbursement pursuant to this section may file a complaint with the Division of Labor Standards Enforcement in accordance with Section 98.7 and, upon receipt of this type of complaint, the Labor Commissioner shall proceed as provided in that section. (Amended by Stats. 2014, Ch. 71, Sec. 108. (SB 1304) Effective January 1, 2015.)
  43. 230.5.

    ## 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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    Employers may not retaliate against covered employees for taking court-related time off, and employees must give reasonable advance notice unless that is not feasible.

    ## 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. ) ## 230.5. (a) (1) An employer shall not discharge or in any manner discriminate or retaliate against an employee who is a victim of an offense listed in paragraph (2) for taking time off from work, upon the victim’s request, to appear in court to be heard at any proceeding, including any delinquency proceeding, involving a postarrest release decision, plea, sentencing, postconviction release decision, or any proceeding in which a right of the victim is at issue. (2) The offenses include all of the following: (A) Vehicular manslaughter while intoxicated, as defined in subdivision (b) of Section 191.5 of the Penal Code. (B) Felony child abuse likely to produce great bodily harm or a death, as defined in Section 273a of the Penal Code. (C) Assault resulting in the death of a child under eight years of age, as defined in Section 273ab of the Penal Code. (D) Felony domestic violence, as defined in Section 273.5 of the Penal Code. (E) Felony physical abuse of an elder or dependent adult, as defined in subdivision (b) of Section 368 of the Penal Code. (F) Felony stalking, as defined in Section 646.9 of the Penal Code. (G) Solicitation for murder, as defined in subdivision (b) of Section 653f of the Penal Code. (H) A serious felony, as defined in subdivision (c) of Section 1192.7 of the Penal Code. (I) Hit-and-run causing death or injury, as defined in Section 20001 of the Vehicle Code. (J) Felony driving under the influence causing injury, as defined in Section 23153 of the Vehicle Code. (K) Sexual assault as set forth in Section 261, 261.5, 262, 265, 266, 266a, 266b, 266c, 266g, 266j, 267, 269, 273.4, 285, 286, 287, 288, 288.5, 289, or 311.4 of, or former Section 288a of, the Penal Code. (b) (1) As a condition of taking time off for a purpose set forth in subdivision (a), the employee shall give the employer reasonable advance notice of the employee’s intention to take time off, unless the advance notice is not feasible. (2) When an unscheduled absence occurs, the employer shall not take any action against the employee if the employee, within a reasonable time after the absence, provides a certification to the employer. Certification shall be sufficient in the form of any of the following: (A) A police report indicating that the employee was a victim of an offense specified in subdivision (a). (B) A court order protecting or separating the employee from the perpetrator of an offense specified in subdivision (a), or other evidence from the court or prosecuting attorney that the employee has appeared in court. (C) Documentation from a medical professional, domestic violence advocate or advocate for victims of sexual assault, health care provider, or counselor that the employee was undergoing treatment for physical or mental injuries or abuse resulting in victimization from an offense specified in subdivision (a). (3) To the extent allowed by law, the employer shall maintain the confidentiality of any employee requesting leave under subdivision (a). (c) An employee who is discharged, threatened with discharge, demoted, suspended, or in any other manner discriminated or retaliated against in the terms and conditions of employment by their employer because the employee has taken time off for a purpose set forth in subdivision (a) shall be entitled to reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer. Any employer who willfully refuses to rehire, promote, or otherwise restore an employee or former employee who has been determined to be eligible for rehiring or promotion by a grievance procedure or hearing authorized by law is guilty of a misdemeanor. (d) (1) An employee who is discharged, threatened with discharge, demoted, suspended, or in any other manner discriminated or retaliated against in the terms and conditions of employment by their employer because the employee has exercised their rights as set forth in subdivision (a) may file a complaint with the Division of Labor Standards Enforcement of the Department of Industrial Relations pursuant to Section 98.7. (2) Notwithstanding any time limitation in Section 98.7, an employee may file a complaint with the division based upon a violation of subdivision (a) within one year from the date of occurrence of the violation. (e) An employee may use vacation, personal leave, or compensatory time off that is otherwise available to the employee under the applicable terms of employment, unless otherwise provided by a collective bargaining agreement, for time taken off for a purpose specified in this section. The entitlement of any employee under this section shall not be diminished by any collective bargaining agreement term or condition. (f) For purposes of this section, “victim” means any person who suffers direct or threatened physical, psychological, or financial harm as a result of the commission or attempted commission of a crime or delinquent act. The term “victim” also includes the person’s spouse, parent, child, sibling, or guardian. (g) This section shall apply only to alleged actions or inactions occurring on or before December 31, 2025. (h) This section shall remain in effect only until January 1, 2035, and as of that date is repealed. (Amended by Stats. 2025, Ch. 148, Sec. 5. (AB 406) Effective October 1, 2025. Repealed as of January 1, 2035, by its own provisions.)
  44. 230.7.

    ## 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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    An employer must not discharge or discriminate against a parent or guardian employee for taking time off to appear at a pupil’s school, if the employee gives reasonable advance 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. ) ## 230.7. (a) No employer shall discharge or in any manner discriminate against an employee who is the parent or guardian of a pupil for taking time off to appear in the school of a pupil pursuant to a request made under Section 48900.1 of the Education Code, if the employee, prior to taking the time off, gives reasonable notice to the employer that he or she is requested to appear in the school. (b) Any employee who is discharged, threatened with discharge, demoted, suspended, or in any other manner discriminated against in the terms and conditions of employment by his or her employer because the employee has taken time off to appear in the school of a pupil pursuant to a request made under Section 48900.1 of the Education Code shall be entitled to reinstatement and reimbursement for lost wages and work benefits caused by those acts of the employer. (Added by Stats. 1989, Ch. 213, Sec. 2.)
  45. 230.8.

    ## 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. )

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    An eligible employer may not punish a parent employee or licensed child care provider for taking limited time off for child-related activities, and employees may have to use certain leave first.

    ## 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. ) ## 230.8. (a) (1) An employer who employs 25 or more employees working at the same location shall not discharge or in any way discriminate against an employee who is a parent of one or more children of the age to attend kindergarten or grades 1 to 12, inclusive, or a licensed child care provider, for taking off up to 40 hours each year, for the purpose of either of the following child-related activities: (A) To find, enroll, or reenroll his or her child in a school or with a licensed child care provider, or to participate in activities of the school or licensed child care provider of his or her child, if the employee, prior to taking the time off, gives reasonable notice to the employer of the planned absence of the employee. Time off pursuant to this subparagraph shall not exceed eight hours in any calendar month of the year. (B) To address a child care provider or school emergency, if the employee gives notice to the employer. (2) If more than one parent of a child is employed by the same employer at the same worksite, the entitlement under paragraph (1) of a planned absence as to that child applies, at any one time, only to the parent who first gives notice to the employer, such that another parent may take a planned absence simultaneously as to that same child under the conditions described in paragraph (1) only if he or she obtains the employer’s approval for the requested time off. (b) (1) The employee shall utilize existing vacation, personal leave, or compensatory time off for purposes of the planned absence authorized by this section, unless otherwise provided by a collective bargaining agreement entered into before January 1, 1995, and in effect on that date. An employee also may utilize time off without pay for this purpose, to the extent made available by his or her employer. The entitlement of any employee under this section shall not be diminished by any collective bargaining agreement term or condition that is agreed to on or after January 1, 1995. (2) Notwithstanding paragraph (1), in the event that all permanent, full-time employees of an employer are accorded vacation during the same period of time in the calendar year, an employee of that employer may not utilize that accrued vacation benefit at any other time for purposes of the planned absence authorized by this section. (c) The employee, if requested by the employer, shall provide documentation from the school or licensed child care provider as proof that he or she engaged in child-related activities permitted in subdivision (a) on a specific date and at a particular time. For purposes of this subdivision, “documentation” means whatever written verification of parental participation the school or licensed child care provider deems appropriate and reasonable. (d) Any employee who is discharged, threatened with discharge, demoted, suspended, or in any other manner discriminated against in terms and conditions of employment by his or her employer because the employee has taken time off to engage in child-related activities permitted in subdivision (a) shall be entitled to reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer. Any employer who willfully refuses to rehire, promote, or otherwise restore an employee or former employee who has been determined to be eligible for rehiring or promotion by a grievance procedure, arbitration, or hearing authorized by law shall be subject to a civil penalty in an amount equal to three times the amount of the employee’s lost wages and work benefits. (e) For purposes of this section, the following terms have the following meanings: (1) “Parent” means a parent, guardian, stepparent, foster parent, or grandparent of, or a person who stands in loco parentis to, a child. (2) “Child care provider or school emergency” means that an employee’s child cannot remain in a school or with a child care provider due to one of the following: (A) The school or child care provider has requested that the child be picked up, or has an attendance policy, excluding planned holidays, that prohibits the child from attending or requires the child to be picked up from the school or child care provider. (B) Behavioral or discipline problems. (C) Closure or unexpected unavailability of the school or child care provider, excluding planned holidays. (D) A natural disaster, including, but not limited to, fire, earthquake, or flood. (Amended by Stats. 2015, Ch. 802, Sec. 1. (SB 579) Effective January 1, 2016.)
  46. 231.

    ## 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 an employer makes a driver’s license a condition of employment, the employer must pay for any required physical examination for that license, unless the exam was done before the employee applied.

    ## 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. ) ## 231. Any employer who requires, as a condition of employment, that an employee have a driver’s license shall pay the cost of any physical examination of the employee which may be required for issuance of such license, except where the physical examination was taken prior to the time the employee applied for such employment with the employer. (Added by Stats. 1971, Ch. 1279.)
  47. 232.

    ## 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 may not require employees to hide wage amounts, sign away wage-disclosure rights, or retaliate against employees for disclosing their wages.

    ## 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. ) ## 232. No employer may do any of the following: (a) Require, as a condition of employment, that an employee refrain from disclosing the amount of his or her wages. (b) Require an employee to sign a waiver or other document that purports to deny the employee the right to disclose the amount of his or her wages. (c) Discharge, formally discipline, or otherwise discriminate against an employee who discloses the amount of his or her wages. (Amended by Stats. 2002, Ch. 934, Sec. 1. Effective January 1, 2003.)
  48. 232.5.

    ## 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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    Employers may not make workers hide workplace-conditions information, sign away disclosure rights, or retaliate against employees who disclose it.

    ## 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. ) ## 232.5. No employer may do any of the following: (a) Require, as a condition of employment, that an employee refrain from disclosing information about the employer’s working conditions. (b) Require an employee to sign a waiver or other document that purports to deny the employee the right to disclose information about the employer’s working conditions. (c) Discharge, formally discipline, or otherwise discriminate against an employee who discloses information about the employer’s working conditions. (d) This section is not intended to permit an employee to disclose proprietary information, trade secret information, or information that is otherwise subject to a legal privilege without the consent of his or her employer. (Added by Stats. 2002, Ch. 934, Sec. 2. Effective January 1, 2003.)
  49. 233.

    ## 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 that provide sick leave must let employees use accrued sick leave for covered reasons, and they may not retaliate against employees for using it.

    ## 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. ) ## 233. (a) Any employer who provides sick leave for employees shall permit an employee to use in any calendar year the employee’s accrued and available sick leave entitlement, in an amount not less than the sick leave that would be accrued during six months at the employee’s then current rate of entitlement, for the reasons specified in subdivision (a) of Section 246.5. The designation of sick leave taken for these reasons shall be made at the sole discretion of the employee. This section does not extend the maximum period of leave to which an employee is entitled under Section 12945.2 of the Government Code or under the federal Family and Medical Leave Act of 1993 (29 U.S.C. Sec. 2601 et seq.), regardless of whether the employee receives sick leave compensation during that leave. (b) As used in this section: (1) “Employer” means any person employing another under any appointment or contract of hire and includes the state, political subdivisions of the state, and municipalities. (2) “Family member” has the same meaning as defined in Section 245.5. (3) (A) “Sick leave” means accrued increments of compensated leave provided by an employer to an employee as a benefit of the employment for use by the employee during an absence from the employment for any of the reasons specified in subdivision (a) of Section 246.5. (B) “Sick leave” does not include any benefit provided under an employee welfare benefit plan subject to the federal Employee Retirement Income Security Act of 1974 (Public Law 93-406, as amended) and does not include any insurance benefit, workers’ compensation benefit, unemployment compensation disability benefit, or benefit not payable from the employer’s general assets. (c) An employer shall not deny an employee the right to use sick leave or discharge, threaten to discharge, demote, suspend, or in any manner discriminate against an employee for using, or attempting to exercise the right to use, sick leave to attend to an illness or the preventive care of a family member, or for any other reason specified in subdivision (a) of Section 246.5. (d) Any employee aggrieved by a violation of this section shall be entitled to reinstatement and actual damages or one day’s pay, whichever is greater, and to appropriate equitable relief. (e) Upon the filing of a complaint by an employee, the Labor Commissioner shall enforce this section in accordance with Chapter 4 (commencing with Section 79) of Division 1, including, but not limited to, Sections 92, 96.7, 98, and 98.1 to 98.8, inclusive. Alternatively, an employee may bring a civil action for the remedies provided by this section in a court of competent jurisdiction. If the employee prevails, the court may award reasonable attorney’s fees. (f) The rights and remedies specified in this section are cumulative and nonexclusive and are in addition to any other rights or remedies afforded by contract or under other law. (Amended by Stats. 2020, Ch. 211, Sec. 1. (AB 2017) Effective January 1, 2021.)
  50. 2330.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 9. HEALTH [2260 - 2441] ( Part 9 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Sanitary Conditions [2260 - 2441] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Foundries and Metal Shops [2330 - 2331] ( Article 2 enacted by Stats. 1937, Ch. 90. )

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    Owners or managers of qualifying foundries and metal shops must provide employees with wash bowls, sinks or similar appliances, and a water closet connected with running water.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 9. HEALTH [2260 - 2441] ( Part 9 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Sanitary Conditions [2260 - 2441] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Foundries and Metal Shops [2330 - 2331] ( Article 2 enacted by Stats. 1937, Ch. 90. ) ## 2330. The owner or manager of every foundry or metal shop engaged in the casting, fabricating, or working over in any manner of any metal or compound, where one or more persons are employed, shall maintain for the use of the employees wash bowls, sinks or other appliances and a water closet connected with running water. (Amended by Stats. 1976, Ch. 1171.)
  51. 2331.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 9. HEALTH [2260 - 2441] ( Part 9 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Sanitary Conditions [2260 - 2441] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Foundries and Metal Shops [2330 - 2331] ( Article 2 enacted by Stats. 1937, Ch. 90. )

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    Owners or managers of covered foundries and metal shops must comply with mechanical ventilation standards adopted by the Occupational Safety and Health Standards Board.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 9. HEALTH [2260 - 2441] ( Part 9 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Sanitary Conditions [2260 - 2441] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Foundries and Metal Shops [2330 - 2331] ( Article 2 enacted by Stats. 1937, Ch. 90. ) ## 2331. The owner or manager of every foundry or metal shop engaged in the casting, fabricating, or working over in any manner of any metal or compound, where one or more persons are employed, shall comply with standards relating to mechanical ventilation systems adopted by the Occupational Safety and Health Standards Board pursuant to Chapter 6 (commencing with Section 140) of Division 1. (Repealed and added by Stats. 1994, Ch. 486, Sec. 4. Effective January 1, 1995.)
  52. 234.

    ## 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 may not use a sick-leave absence policy that counts Section 233 sick leave as an absence leading to discipline, discharge, demotion, or suspension.

    ## 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. ) ## 234. An employer absence control policy that counts sick leave taken pursuant to Section 233 as an absence that may lead to or result in discipline, discharge, demotion, or suspension is a per se violation of Section 233. An employee working under this policy is entitled to appropriate legal and equitable relief pursuant to Section 233. (Added by Stats. 2002, Ch. 1107, Sec. 1. Effective January 1, 2003.)
  53. 2350.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 9. HEALTH [2260 - 2441] ( Part 9 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Sanitary Conditions [2260 - 2441] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 3. Factories and Business Establishments [2350 - 2355] ( Article 3 enacted by Stats. 1937, Ch. 90. )

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    Covered workplaces must be kept clean and provided with enough employee toilet facilities; if there are five or more employees and they are not all the same gender, separate toilets for each sex are required.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 9. HEALTH [2260 - 2441] ( Part 9 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Sanitary Conditions [2260 - 2441] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 3. Factories and Business Establishments [2350 - 2355] ( Article 3 enacted by Stats. 1937, Ch. 90. ) ## 2350. Every factory, workshop, mercantile or other establishment in which one or more persons are employed, shall be kept clean and free from the effluvia arising from any drain or other nuisance, and shall be provided, within reasonable access, with a sufficient number of toilet facilities for the use of the employees. When there are five or more employees who are not all of the same gender, a sufficient number of separate toilet facilities shall be provided for the use of each sex, which shall be plainly so designated. (Amended by Stats. 1995, Ch. 91, Sec. 107. Effective January 1, 1996.)
  54. 2351.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 9. HEALTH [2260 - 2441] ( Part 9 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Sanitary Conditions [2260 - 2441] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 3. Factories and Business Establishments [2350 - 2355] ( Article 3 enacted by Stats. 1937, Ch. 90. )

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    Factories and workshops with employees must be ventilated during work so the air is not harmful and so harmful gases, vapors, dust, and similar impurities are made harmless as far as practicable.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 9. HEALTH [2260 - 2441] ( Part 9 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Sanitary Conditions [2260 - 2441] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 3. Factories and Business Establishments [2350 - 2355] ( Article 3 enacted by Stats. 1937, Ch. 90. ) ## 2351. Every factory or workshop in which one or more persons are employed shall be so ventilated while work is carried on that the air will not become injurious to the health of the employees, and shall also be so ventilated as to render harmless, as far as practicable, all injurious gases, vapors, dust, or other impurities generated in the course of the manufacturing process or handicraft carried on therein. (Amended by Stats. 1945, Ch. 800.)
  55. 2352.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 9. HEALTH [2260 - 2441] ( Part 9 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Sanitary Conditions [2260 - 2441] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 3. Factories and Business Establishments [2350 - 2355] ( Article 3 enacted by Stats. 1937, Ch. 90. )

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    A place condemned by the Labor Commissioner as unhealthy and unsuitable may not be used as a place of employment.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 9. HEALTH [2260 - 2441] ( Part 9 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Sanitary Conditions [2260 - 2441] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 3. Factories and Business Establishments [2350 - 2355] ( Article 3 enacted by Stats. 1937, Ch. 90. ) ## 2352. No place which the Labor Commissioner condemns as unhealthy and unsuitable, shall be used as a place of employment. (Amended by Stats. 1943, Ch. 486.)
  56. 2353.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 9. HEALTH [2260 - 2441] ( Part 9 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Sanitary Conditions [2260 - 2441] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 3. Factories and Business Establishments [2350 - 2355] ( Article 3 enacted by Stats. 1937, Ch. 90. )

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    In certain factories, workshops, or similar establishments with dust, filaments, or injurious gases that employees may inhale, the person in charge must provide and use exhaust fans or blowers with pipes and hoods at each machine or apparatus creating those substances.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 9. HEALTH [2260 - 2441] ( Part 9 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Sanitary Conditions [2260 - 2441] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 3. Factories and Business Establishments [2350 - 2355] ( Article 3 enacted by Stats. 1937, Ch. 90. ) ## 2353. In any factory, workshop, or other establishment where dust, filaments, or injurious gases are produced or generated, which may be inhaled by employees, the person, under whose authority the work is carried on, shall cause to be provided and used, exhaust fans or blowers with pipes and hoods extending therefrom to each machine, contrivance or apparatus by which dust, filaments or injurious gases are produced or generated. The fans and blowers, and the pipes and hoods, shall be properly fitted and adjusted, and of power and dimensions sufficient to prevent the dust, filaments, or injurious gases from escaping into the atmosphere of any room where employees are at work. (Enacted by Stats. 1937, Ch. 90.)
  57. 2354.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 9. HEALTH [2260 - 2441] ( Part 9 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Sanitary Conditions [2260 - 2441] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 3. Factories and Business Establishments [2350 - 2355] ( Article 3 enacted by Stats. 1937, Ch. 90. )

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    Anyone who violates this article commits a misdemeanor and may be fined, jailed, or both.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 9. HEALTH [2260 - 2441] ( Part 9 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Sanitary Conditions [2260 - 2441] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 3. Factories and Business Establishments [2350 - 2355] ( Article 3 enacted by Stats. 1937, Ch. 90. ) ## 2354. Any person violating this article is guilty of a misdemeanor, punishable by a fine of not less than one hundred dollars ($100) nor more than six hundred dollars ($600), or by imprisonment in the county jail for not less than 30 days nor more than 90 days, or both. (Amended by Stats. 1983, Ch. 1092, Sec. 216. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
  58. 2355.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 9. HEALTH [2260 - 2441] ( Part 9 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Sanitary Conditions [2260 - 2441] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 3. Factories and Business Establishments [2350 - 2355] ( Article 3 enacted by Stats. 1937, Ch. 90. )

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    The Labor Commissioner must enforce this article.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 9. HEALTH [2260 - 2441] ( Part 9 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Sanitary Conditions [2260 - 2441] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 3. Factories and Business Establishments [2350 - 2355] ( Article 3 enacted by Stats. 1937, Ch. 90. ) ## 2355. The Labor Commissioner shall enforce this article. (Enacted by Stats. 1937, Ch. 90.)
  59. 238.

    ## 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 with an unsatisfied wage judgment generally cannot keep doing business in California unless it posts and files a surety bond with the Labor Commissioner, or uses a notarized accord in place of the bond in limited circumstances.

    ## 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. ) ## 238. (a) If a final judgment against an employer arising from the employer’s nonpayment of wages for work performed in this state remains unsatisfied after a period of 30 days after the time to appeal therefrom has expired and no appeal therefrom is pending, the employer shall not continue to conduct business in this state, including conducting business using the labor of another business, contractor, or subcontractor instead of the labor of an employee, unless the employer has obtained a bond from a surety company admitted to do business in this state and has filed a copy of that bond with the Labor Commissioner. The bond shall be effective and maintained until satisfaction of all judgments for nonpayment of wages. The principal sum of the bond shall not be less than the following: (1) Fifty thousand dollars ($50,000) if the unsatisfied portion of the judgment is no more than five thousand dollars ($5,000). (2) One hundred thousand dollars ($100,000) if the unsatisfied portion of the judgment is more than five thousand dollars ($5,000) and no more than ten thousand dollars ($10,000). (3) One hundred fifty thousand dollars ($150,000) if the unsatisfied portion of the judgment is more than ten thousand dollars ($10,000). (b) In lieu of filing and maintaining the bond required by this section, the employer may provide the Labor Commissioner with a notarized copy of an accord reached with an individual holding an unsatisfied final judgment. If the accord provides for the judgment to be paid in installments, and an installment payment is not made, the employer is no longer excused from satisfying the bond requirement of this section. (c) (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, including any interest, penalties, and attorney’s fees. (2) This section shall not require a bond in favor of employees covered by a bona fide collective bargaining agreement, if the agreement expressly provides for wages, hours of work, working conditions, a process to resolve disputes concerning nonpayment of wages, and a waiver of the bond required by this section. (3) Thirty days prior to the cancellation or termination of any bond required by this section, the surety shall send written notice to both the employer and the Labor Commissioner, identifying the bond and the date of the cancellation or termination. If the bond is terminated or canceled, the employer shall obtain a new surety bond and file a copy of that bond with the Labor Commissioner to remain in compliance with this section. (d) For purposes of this section, a judgment also includes any final arbitration award where the time to file a petition for a trial de novo or a petition to vacate or correct the arbitration award has expired and no petition is pending. (e) Subject to subdivision (f), an employer similar in operation and ownership to an employer with an unsatisfied final judgment for unpaid wages, upon receiving written notice of the unsatisfied judgment, shall be deemed the same employer for purposes of this section if (1) the employees of the successor employer are engaged in substantially the same work in substantially the same working conditions under substantially the same supervisors or (2) if the new entity has substantially the same production process or operations, produces substantially the same products or offers substantially the same services, and has substantially the same body of customers. (f) Any employer, or other person acting on behalf of an employer, that conducts business in violation of this section shall be subject to a civil penalty of two thousand five hundred dollars ($2,500). Any employer that has previously been assessed and failed to pay a penalty pursuant to this section shall be subject to an additional penalty of one hundred dollars ($100) for each calendar day that the employer conducts business in violation of this section; however, this additional amount shall not exceed one hundred thousand dollars ($100,000). These civil penalties may be assessed under a citation issued by the Labor Commissioner and the procedures for issuing, contesting, and enforcing judgments shall be the same as those set forth in Section 1197.1. The Labor Commissioner shall not assess these civil penalties against an entity determined to be a successor employer pursuant to subdivision (e) within the first 30 days after notice of the judgment. (Added by Stats. 2015, Ch. 803, Sec. 4. (SB 588) Effective January 1, 2016.)
  60. 238.05.

    ## 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 an unpaid wage judgment in California stays unpaid for 180 days after appeal time ends, the judgment debtor can face a civil penalty of up to three times the outstanding judgment amount.

    ## 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. ) ## 238.05. (a) If a final judgment arising from nonpayment of wages for work performed in this state remains unsatisfied after a period of 180 days after the time to appeal therefrom has expired and no appeal therefrom is pending, the judgment debtor shall be subject to a civil penalty not to exceed three times the outstanding judgment amount, including postjudgment interest then due, provided that a judgment debtor shall not be subject to a penalty under this subdivision if the judgment debtor reaches an accord described in subdivision (b) of Section 238 before the 180th day and then remains in full compliance with the accord until its full satisfaction. The court may assess this penalty in any action brought to enforce the judgment or to otherwise induce compliance by or impose lawful consequences on a judgment debtor. (b) In any action brought to enforce the judgment or to otherwise induce compliance by or impose lawful consequences on a judgment debtor, the court shall assess against the judgment debtor the entire amount of the requested penalty except to the extent that the court finds that the judgment debtor has demonstrated by clear and convincing evidence good cause to reduce the amount of the penalty. (c) Penalties assessed by a court pursuant to this section shall be distributed as follows: (1) Fifty percent to the employee or employees in whose favor the judgment was rendered, shared proportionally according to the amount due to each employee in the judgment entered in superior court. (2) Fifty percent to the Division of Labor Standards Enforcement for enforcement of labor laws, including the administration of this part, and for education of employers and employees about their rights and responsibilities under this code, upon appropriation, to supplement and not supplant the funding to the division for those purposes. (d) A successor to a judgment debtor, as defined in subdivision (a) of Section 200.3 or by any other law, shall be jointly and severally liable for penalties assessed pursuant to this section. (e) Penalties assessed pursuant to this section shall be in addition to any other penalties or fines permitted by law. (Added by Stats. 2025, Ch. 747, Sec. 3. (SB 261) Effective January 1, 2026.)
  61. 238.1.

    ## 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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    If an employer is violating Section 238, the Labor Commissioner may issue a stop order. The order takes effect immediately, can trigger a hearing process, and noncompliance can be a misdemeanor.

    ## 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. ) ## 238.1. (a) Where an employer is conducting business in violation of Section 238, the Labor Commissioner may issue and serve on that employer a stop order prohibiting the use of employee labor by that employer until the employer’s compliance with Section 238, provided that the stop order would not compromise or imperil public safety or the life, health, and care of vulnerable individuals. The stop order shall also prohibit the employer from continuing to provide services by conducting business using the labor of another business, contractor, or subcontractor. The stop order shall become effective immediately upon the service of the order. Any employee affected by the work stoppage shall be paid by the employer for such time lost, not exceeding 10 days, pending compliance by the employer. The employer may protest the stop order by making and filing with the Labor Commissioner a written request for a hearing within 20 days after service of the stop order. The hearing shall be held within five days from the date of filing the request. The Labor Commissioner shall notify the employer of the time and place of the hearing by mail. At the conclusion of the hearing, the stop order shall be immediately affirmed or dismissed, and within 24 hours thereafter, the Labor Commissioner shall issue and serve on all parties to the hearing by registered or certified mail a written notice of findings, accompanied by written findings. A writ of mandate may be taken from the findings to the appropriate superior court. The writ shall be taken within 45 days after the mailing of the notice of findings accompanied by written findings. The Labor Commissioner may file an action in superior court for injunctive and other appropriate relief to enforce the stop order and shall be entitled to recovery of costs and attorney’s fees if any relief is obtained by the Labor Commissioner. (b) Failure of an employer, owner, director, officer, or managing agent of the employer to observe a stop order issued and served upon him or her pursuant to this section 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. For the purposes of this section, the term “managing agent” has the same meaning as in subdivision (b) of Section 3294 of the Civil Code. (Added by Stats. 2015, Ch. 803, Sec. 5. (SB 588) Effective January 1, 2016.)
  62. 238.10.

    ## 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 court must award a prevailing plaintiff reasonable attorney’s fees and costs in certain wage-judgment enforcement actions.

    ## 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. ) ## 238.10. The court shall award a prevailing plaintiff all reasonable attorney’s fees and costs in any action brought by a judgment creditor, the Labor Commissioner, or a public prosecutor, as defined in Section 180, to enforce a final judgment arising from the nonpayment of wages, penalties, or other amounts owed arising from work performed in this state, or to otherwise induce compliance by or impose lawful consequences on a judgment debtor for nonsatisfaction of a final judgment arising from the nonpayment of wages, penalties, or other amounts owed arising from work performed in this state. (Added by Stats. 2025, Ch. 747, Sec. 4. (SB 261) Effective January 1, 2026.)
  63. 238.2.

    ## 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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    The Labor Commissioner may place a lien on an employer’s California real property to secure unpaid wages, interest, penalties, and sometimes attorney’s fees, and must give the employer at least 20 days’ notice before using the lien procedure.

    ## 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. ) ## 238.2. (a) The Labor Commissioner may create a lien on any real property in California of an employer, or a successor employer pursuant to subdivision (e) of Section 238, that is conducting business in violation of Section 238 for the full amount of any wages, interest, and penalties claimed to be owed to any employee. To the extent attorney’s fees are specifically allowed to be recovered by this code, such as by, but not limited to, subdivision (f) of Section 2673.1 and Section 2802, during a hearing pursuant to Section 98, the Labor Commissioner may include that amount in the lien. (b) The Labor Commissioner may create the lien provided in this section by recording a certificate of lien using the same procedure applicable under subdivision (g) of Section 98.2. (c) The Labor Commissioner shall issue a certificate of release, releasing the lien created under this section, upon final satisfaction of any judgment entered in favor of the employee, upon adjudication of the claim in favor of the employer, upon the filing of a surety bond pursuant to Section 238. The certificate of release may be recorded by the employer at the employer’s expense. (d) Unless the lien is satisfied or released, a lien under this section shall continue until 10 years from the date of its creation. (e) Prior to using the lien procedure in this section, the Labor Commissioner shall provide at least 20 days’ notice to the employer. The notice shall advise the employer of the Labor Commissioner’s authority to create a lien on the property to secure payment of the claim. (f) The Labor Commissioner may serve the notice with and in the same manner as the order, decision, and award in accordance with Section 98.1. (g) A lien created pursuant to this section is in addition to any other lien rights available to an employee or to the Labor Commissioner and shall not be construed to limit those rights. (Added by Stats. 2015, Ch. 803, Sec. 6. (SB 588) Effective January 1, 2016.)
  64. 238.3.

    ## 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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    The Labor Commissioner may place a lien on an employer’s personal property to secure unpaid wages, interest, penalties, and sometimes attorney’s fees, if the employer is violating Section 238.

    ## 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. ) ## 238.3. (a) The Labor Commissioner may create a lien on any personal property in California of an employer that conducts business in violation of Section 238 for the full amount of any wages, interest, and penalties claimed to be owed to any employee. To the extent attorney’s fees are specifically allowed to be recovered by this code, such as by, but not limited to, subdivision (f) of Section 2673.1 and Section 2802, during a hearing pursuant to Section 98, the Labor Commissioner may include that amount in the lien. (b) The Labor Commissioner may create the lien provided in this section by filing a notice of lien with the Secretary of State on the standard form of initial financing statement pursuant to Section 9521 of the Commercial Code. The standard form shall be completed in the following manner: (1) The Labor Commissioner shall be identified as the secured party. (2) The employer shall be identified as the debtor. (3) The description of the collateral shall include the following statements: (A) A statement of the Labor Commissioner’s demand for payment of the wages, penalties, interest, and attorney’s fees, if applicable. The statement shall specify the amount owed to the employee, and if the amount is estimated, shall provide an explanation for the basis of the estimate. (B) A general statement of the kind of work furnished by the employee and the dates of employment. (c) For the purpose of the Secretary of State’s index pursuant to Sections 9515, 9516, and 9522 of the Commercial Code and for the purpose of the issuance of a certificate pursuant to Section 9519 or 9528 of the Commercial Code, the Secretary of State shall treat a notice of lien pursuant to this section as a financing statement. (d) The lien attaches to all personal property that is owned by the employer at the time of the filing of the notice of lien, or that is subsequently acquired by the employer, that can be made subject to a security interest under the Commercial Code. (e) The Labor Commissioner shall file a termination statement, releasing the lien created under this section, upon final satisfaction of any judgment entered in favor of the employee, upon adjudication of the claim in favor of the employer, upon the filing of a surety bond in a form acceptable to the Labor Commissioner sufficient to secure the claim. (f) The notice of claim of lien to which the termination statement relates ceases to be effective upon the filing of a termination statement with the office of the Secretary of State. A termination statement for a notice of lien may be filed in the same manner as a termination statement for a financing statement filed pursuant to Section 9513 of the Commercial Code. (g) Unless the lien is satisfied or released, a lien under this section shall continue until 10 years from the date of its creation. (h) Prior to using this lien procedure in this section, the Labor Commissioner shall provide at least 20 days’ preliminary notice to the employer. The preliminary notice shall advise the employer of the nature and amount of the employee’s claim and of the Labor Commissioner’s authority to create a lien on the employer’s personal property to secure payment of the claim. (i) The Labor Commissioner shall serve the preliminary notice on the employer by certified mail with return receipt requested, evidenced by a certificate of mailing, postage prepaid, addressed to the employer at the employer’s residence or place of business. The Labor Commissioner shall serve a copy of any notice of lien on the employer in the same manner. (j) Upon entry of a final order, decision, or award issued in an appeal pursuant to Section 98.2 against the employer for unpaid wages, or entry of a final judgment against the employer for unpaid wages in an action filed in the superior court, the Labor Commissioner may bring an action to foreclose on any lien created pursuant to this section. (k) A lien created pursuant to this section in addition to any other lien rights available to an employee or to the Labor Commissioner shall not be construed to limit those rights. (Added by Stats. 2015, Ch. 803, Sec. 7. (SB 588) Effective January 1, 2016.)
  65. 238.4.

    ## 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 long-term care employer violates Section 238 and must be licensed by Public Health or Social Services, those departments may deny a new license or renewal, and the Labor Commissioner must notify them if the employer is found to be violating Section 238.

    ## 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. ) ## 238.4. (a) If an employer in the long-term care industry that is also required to obtain a license from the State Department of Public Health or the State Department of Social Services pursuant to Division 2 (commencing with Section 1200) of the Health and Safety Code, is found to be in violation of Section 238, the State Department of Public Health or the State Department of Social Services may deny a new license or the renewal of an existing license for that employer. (b) If the Labor Commissioner finds that an employer in the long-term care industry is conducting business in violation of Section 238, the Labor Commissioner shall notify the State Department of Public Health or the State Department of Social Services. (c) For purposes of this section “long-term care” means the operation of a skilled nursing facility, intermediate care facility, congregate living health facility, hospice facility, adult residential facility, residential care facility for persons with chronic life-threatening illness, residential care facility for the elderly, continuing care retirement community, home health agency, or home care organization, as those terms are used in Division 2 (commencing with Section 1200) of the Health and Safety Code. (Added by Stats. 2015, Ch. 803, Sec. 8. (SB 588) Effective January 1, 2016.)
  66. 238.5.

    ## 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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    Certain businesses, entities, and employers in property services or long-term care can be jointly liable for unpaid wages, and employers must give notice about unpaid wage judgments.

    ## 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. ) ## 238.5. (a) (1) Any individual, business entity, or public entity, regardless of its form, that, as part of its business, contracts for services in the property services or long-term care industries shall be jointly and severally liable for any unpaid wages, including interest, where the individual, business entity, or public entity has been provided notice, by any party, of any proceeding or investigation by the Labor Commissioner in which the employer is found liable for those unpaid wages, to the extent the amounts are for services performed under that contract. (2) The issue of joint and several liability under this section shall be determined (A) in a proceeding under Section 98 if the contracting individual, business entity, or public entity is provided notice in the administrative complaint alleging such liability and named a defendant in the course of the Section 98 proceeding, (B) in an administrative proceeding brought by the Labor Commissioner to investigate, prosecute, or recover unpaid wages and interest pursuant to a citation, or in a court action brought by the Labor Commissioner, if the contracting individual, business entity, or public entity is provided preliminary notice by the Labor Commissioner of joint and several liability under this section at least 30 days prior to issuance of a citation, or filing of a court action, or (C) by a court in an action pursuant to Section 98.2. No action for a violation or enforcement of this section shall be brought under Part 13 (commencing with Section 2698) of Division 2. (b) The joint and several liability provided by this section shall not apply to unpaid wages owed to employees covered by a bona fide collective bargaining agreement, if the agreement expressly provides for wages, hours of work, working conditions, a process to resolve disputes concerning nonpayment of wages, and a waiver of the joint and several liability provided by this section. (c) An employer that contracts to provide services in the property services or long-term care industries shall, before entering into such a contract, provide written notice to the other party to the prospective contract of any unsatisfied final judgments against the employer for nonpayment of wages. The notice shall also provide the text of this section. The failure of the employer to provide notice under this subdivision shall not be a defense to the joint and several liability provided by this section. (d) An employer that contracts to provide services in the property services or long-term care industries shall provide, within 30 days of the entry of the judgment, written notice of any unsatisfied final judgments against the employer for nonpayment of wages to any parties with which the employer is presently under contract to provide services in the property services or long-term care industries. The failure of the employer to provide notice under this subdivision shall not be a defense to the joint and several liability provided by this section. (e) For the purposes of this section, the following definitions apply: (1) “Property services” means janitorial, security guard, valet parking, landscaping, and gardening services. (2) “Long-term care” has the same definition as in Section 238.4. (3) “Public entity” means a city, county, city and county, district, public authority, public agency, and any other political subdivision or public corporation in the state, but does not include the state. (f) This section shall not be interpreted to impose joint liability on an individual or the owner of a home-based business, for any property services, to the extent that the property services are provided at the individual or home-based business owner’s primary residence, provided that the primary residence does not have multiple housing units. (Amended by Stats. 2023, Ch. 656, Sec. 1. (AB 520) Effective January 1, 2024.)
  67. 24.

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

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    If part of this code is held invalid, the rest still stands.

    ## Labor Code - LAB ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 90. ) ## 24. If any provision of this code, or the application thereof to any person or circumstances, is held invalid the remainder of the code, and the application of its provisions to other persons or circumstances, shall not be affected thereby. (Enacted by Stats. 1937, Ch. 90.)
  68. 240.

    ## 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 Labor Commissioner may require an employer to post a bond, provide an asset accounting, and face court action if the employer does not comply.

    ## 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. ) ## 240. (a) If any employer has been convicted of a violation of any provision of this article, or if any judgment against an employer for nonpayment of wages remains unsatisfied for a period of 10 days after the time to appeal therefrom has expired, and no appeal therefrom is then pending, the Labor Commissioner may require the employer to deposit a bond in such sum as the Labor Commissioner may deem sufficient and adequate in the circumstances, to be approved by the Labor Commissioner. The bond shall be payable to the Labor Commissioner and shall be conditioned that the employer shall, for a definite future period, not exceeding two years, pay the employees in accordance with the provisions of this article, and shall be further conditioned upon the payment by the employer of any judgment which may be recovered against the employer pursuant to the provisions of this article. (b) If an order to post a bond issued against an employer under this section remains unsatisfied for a period of 10 days after the time to appeal therefrom has expired, and no appeal from the order is then pending, the Labor Commissioner may require the employer to provide an accounting of assets of the employer, including a list of all bank accounts, accounts receivable, personal property, real property, automobiles or other vehicles, and any other assets, in a form and manner as prescribed by the Labor Commissioner. An employer shall provide an amended accounting of assets, if ordered by the Labor Commissioner to do so. If, within 10 days after a demand for an accounting of assets, made by certified or registered mail, the employer fails to provide an accounting, or if the employer fails to provide an amended accounting after receiving a demand by the Labor Commissioner to do so, the Labor Commissioner may bring an action in the name and on behalf of the people of the State of California against such employer to compel the employer to furnish the accounting. An employer who fails to provide an accounting as required by this subdivision shall be subject to a civil penalty not to exceed ten thousand dollars ($10,000). (c) If, within 10 days after demand for the bond, which demand may be made by mail, the employer fails to deposit the bond, the Labor Commissioner may bring an action in the name and on behalf of the people of the State of California against the employer in a court of competent jurisdiction to compel the employer to furnish the bond or to cease doing business until the employer has done so. The employer has the burden of proving either that the bond is unnecessary or that the amount demanded is excessive. If the court finds that there is just cause for requiring the bond, and that the bond is reasonably necessary or proper to secure prompt payment of the wages of the employees of the employer and the employer’s compliance with the provisions of this article, the court may enjoin the employer, whether an individual, partnership, corporation, company, trust, or association, and such other person or persons as may have been or may be concerned with or in any way participating in the failure to pay the wages resulting in the conviction or in the judgment, from doing business until the requirement is met, and make other and further orders appropriate to compel compliance with the requirement. (Amended by Stats. 2011, Ch. 655, Sec. 5. (AB 469) Effective January 1, 2012.)
  69. 243.

    ## 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 lets certain employees, their representatives, or a licensed attorney ask a court to stop an employer from doing business unless the employer posts a bond.

    ## 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. ) ## 243. (a) If, within 10 years of either a conviction for a violation of this article or failing to satisfy a judgment for nonpayment of wages, or of both, it is alleged that an employer on a second occasion has been convicted of again violating this article or is failing to satisfy a judgment for nonpayment of wages, an employee or the employee’s legal representative, an attorney licensed to practice law in this state, may, on behalf of himself or herself and others, bring an action in a court of competent jurisdiction for a temporary restraining order prohibiting the employer from doing business in this state unless the employer deposits with the court a bond to secure compliance by the employer with this article or to satisfy the judgment for nonpayment of wages. (b) Upon the filing of an affidavit that, to the satisfaction of the court, shows reasonable proof that an employer, for the second time within 10 years, has been convicted of violating this article or has failed to satisfy a judgment for the nonpayment of wages, or both, the court may grant an order that prohibits the employer within 30 days from conducting any business within the state unless the employer deposits a bond payable to the Labor Commissioner, with the condition that the employer make wage payments in accordance with this article, or that the employer pay any unsatisfied judgment for nonpayment of wages, or both. The court shall order that the bond be on deposit with the Labor Commissioner at all times within a five-year period from the date of the order, that the employer employs more than 10 employees. The court shall order that the bond be in an amount equal to twenty-five thousand dollars ($25,000) or 25 percent of the weekly gross payroll of the employer at the time of the posting of the bond, whichever is greater, and that the term of the bond be for the duration of the service of the employee who brought the action, until past due wages have been paid, or until satisfaction of all judgments for nonpayment of wages. The bond shall also be payable for wages, interest on wages and for any damages arising from any violation of orders of the Industrial Welfare Commission, and for any other monetary relief awarded to an employee as a result of a violation of this code. To aid in the enforcement of this section, upon a request by the Labor Commissioner or an employee bringing an action pursuant to this section, the court may additionally require the employer to provide an accounting of assets of the employer, including a list of all bank accounts, accounts receivable, personal property, real property, automobiles or other vehicles, and any other assets, in a form and manner as prescribed by the court. An employer shall provide an amended accounting of assets if ordered by the court to do so. If, within 10 days after a demand for an accounting of assets, which demand may be made by certified or registered mail, the employer shall fail to provide an accounting, or if the employer fails to provide an amended accounting being ordered to do so, the court may take all appropriate action to enforce its order, including the imposition of appropriate sanctions. (c) For purposes of subdivision (b), an employer shall be deemed to have been convicted of having violated this article or to have failed to satisfy a judgment for the second time within 10 years if, to secure labor or personal services in connection with his or her business, the employer uses the services of an agent, contractor, or subcontractor who is convicted of a violation of this article or fails to satisfy a judgment for wages respecting those employees, or both, but only if the employer had actual knowledge of the person’s failure to pay wages. In issuing a temporary restraining order pursuant to this section, the court, in determining the amount and term of the bond, shall count the agent’s, contractor’s, or subcontractor’s employees as part of the employer’s total workforce. This subdivision shall not apply where a temporary restraining order against the agent, contractor, or subcontractor as an employer has been issued pursuant to subdivision (b). (d) An employer who, for the third time within 10 years of the first occurrence, is alleged to have violated this article or to have failed to satisfy a judgment for nonpayment of wages, or both, shall be deemed by the court to have commenced a new five-year period for which the posting of a bond may be ordered in accordance with subdivision (b), except that the court may, in its discretion, require the posting of a bond in a greater amount as it determines appropriate under the circumstances. (e) A former employee who was a party to an earlier action against an employer in which a judgment for the payment of wages was obtained, and who alleges that the employer has failed to satisfy the judgment for the payment of wages, in addition to any other available remedy, may petition the court pursuant to subdivision (b) for a temporary restraining order against the employer to cease doing business in this state unless the employer posts a bond with the court. (f) Actions brought pursuant to this section shall be set for trial at the earliest possible date, and shall take precedence over all other cases, except older matters of the same character and matters to which special precedence may be given by law. (g) Nothing in this section shall be construed to impose any mandatory duties on the Labor Commissioner. (Amended by Stats. 2011, Ch. 655, Sec. 6. (AB 469) Effective January 1, 2012.)
  70. 244.

    ## 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 individual generally does not have to exhaust administrative remedies before filing a civil action, unless the specific section requires it. Reporting or threatening to report an employee’s or related person’s suspected citizenship or immigration status to an agency because they exercised a protected right is treated as an adverse action.

    ## 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. ) ## 244. (a) An individual is not required to exhaust administrative remedies or procedures in order to bring a civil action under any provision of this code, unless that section under which the action is brought expressly requires exhaustion of an administrative remedy. This subdivision shall not be construed to affect the requirements of Section 2699.3. (b) Reporting or threatening to report an employee’s, former employee’s, or prospective employee’s suspected citizenship or immigration status, or the suspected citizenship or immigration status of a family member of the employee, former employee, or prospective employee, to a federal, state, or local agency because the employee, former employee, or prospective employee exercises a right under the provisions of this code, the Government Code, or the Civil Code constitutes an adverse action for purposes of establishing a violation of an employee’s, former employee’s, or prospective employee’s rights. As used in this subdivision, “family member” means a spouse, parent, sibling, child, uncle, aunt, niece, nephew, cousin, grandparent, or grandchild related by blood, adoption, marriage, or domestic partnership. (Added by Stats. 2013, Ch. 577, Sec. 4. (SB 666) Effective January 1, 2014.)
  71. 2440.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 9. HEALTH [2260 - 2441] ( Part 9 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Sanitary Conditions [2260 - 2441] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 5. General Health Provisions [2440 - 2441] ( Article 5 added by Stats. 1953, Ch. 84. )

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    All employers must comply with standards on the ready availability of medical services and first aid adopted by the Occupational Safety and Health Standards Board.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 9. HEALTH [2260 - 2441] ( Part 9 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Sanitary Conditions [2260 - 2441] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 5. General Health Provisions [2440 - 2441] ( Article 5 added by Stats. 1953, Ch. 84. ) ## 2440. All employers shall comply with standards relating to the ready availability of medical services and first aid adopted by the Occupational Safety and Health Standards Board, pursuant to Chapter 6 (commencing with Section 140) of Division 1. (Repealed and added by Stats. 1994, Ch. 486, Sec. 9. Effective January 1, 1995.)
  72. 2441.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 9. HEALTH [2260 - 2441] ( Part 9 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Sanitary Conditions [2260 - 2441] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 5. General Health Provisions [2440 - 2441] ( Article 5 added by Stats. 1953, Ch. 84. )

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    Employers in this state must provide employees fresh, pure drinking water during working hours at no charge, and allow access at reasonable times and places.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 9. HEALTH [2260 - 2441] ( Part 9 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Sanitary Conditions [2260 - 2441] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 5. General Health Provisions [2440 - 2441] ( Article 5 added by Stats. 1953, Ch. 84. ) ## 2441. (a) Every employer of labor in this state shall, without making a charge therefor, provide fresh and pure drinking water to his or her employees during working hours. Access to the drinking water shall be permitted at reasonable and convenient times and places. Any violation of this section is punishable for each offense by a fine of not less than fifty dollars ($50), nor more than two hundred dollars ($200), or by imprisonment for not more than 30 days, or by both the fine and imprisonment. (b) The State Department of Health Services and all health officers of counties, cities, and health districts shall enforce the provisions of this section pursuant to subdivision (b) of Section 118390 of the Health and Safety Code. The enforcement shall not be construed to abridge or limit in any manner the jurisdiction of the Division of Industrial Safety of the Department of Industrial Relations pursuant to Division 5 (commencing with Section 6300). (Amended by Stats. 1996, Ch. 1023, Sec. 380. Effective September 29, 1996.)
  73. 245.

    ## 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 1.5. Paid Sick Days [245 - 249] ( Article 1.5 added by Stats. 2014, Ch. 317, Sec. 3. )

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    This section names the paid sick days article and says it does not replace or reduce other legal rights or remedies.

    ## 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 1.5. Paid Sick Days [245 - 249] ( Article 1.5 added by Stats. 2014, Ch. 317, Sec. 3. ) ## 245. (a) This article shall be known and may be cited as the Healthy Workplaces, Healthy Families Act of 2014. (b) The provisions of this article are in addition to and independent of any other rights, remedies, or procedures available under any other law and do not diminish, alter, or negate any other legal rights, remedies, or procedures available to an aggrieved person. (Added by Stats. 2014, Ch. 317, Sec. 3. (AB 1522) Effective January 1, 2015.)
  74. 245.5.

    ## 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 1.5. Paid Sick Days [245 - 249] ( Article 1.5 added by Stats. 2014, Ch. 317, Sec. 3. )

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    This section defines key terms for the paid sick days article, including “employee,” “employer,” “family member,” “health care provider,” and “paid sick 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 1.5. Paid Sick Days [245 - 249] ( Article 1.5 added by Stats. 2014, Ch. 317, Sec. 3. ) ## 245.5. As used in this article: (a) “Employee” does not include the following: (1) Except as provided in subdivision (d) of Section 246.5, an employee covered by a valid collective bargaining agreement if the agreement expressly provides for the wages, hours of work, and working conditions of employees, and expressly provides for paid sick days or a paid leave or paid time off policy that permits the use of sick days for those employees, final and binding arbitration of disputes concerning the application of its paid sick days provisions, premium wage rates for all overtime hours worked, and regular hourly rate of pay of not less than 30 percent more than the state minimum wage rate. (2) An employee in the construction industry covered by a valid collective bargaining agreement if the agreement expressly provides for the wages, hours of work, and working conditions of employees, premium wage rates for all overtime hours worked, and regular hourly pay of not less than 30 percent more than the state minimum wage rate, and the agreement either (A) was entered into before January 1, 2015, or (B) expressly waives the requirements of this article in clear and unambiguous terms. For purposes of this subparagraph, “employee in the construction industry” means an employee performing work associated with construction, including work involving alteration, demolition, building, excavation, renovation, remodeling, maintenance, improvement, repair work, and any other work as described by Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code, and other similar or related occupations or trades. (3) An individual employed by an air carrier as a flight deck or cabin crew member that is subject to Title II of the federal Railway Labor Act (45 U.S.C. Sec. 151 et seq.), provided that the individual is provided with compensated time off equal to or exceeding the amount established in paragraph (1) of subdivision (b) of Section 246. (4) An employee of the state, city, county, city and county, district, or any other public entity who is a recipient of a retirement allowance and employed without reinstatement into the employee’s respective retirement system pursuant to either Article 8 (commencing with Section 21220) of Chapter 12 of Part 3 of Division 5 of Title 2 of the Government Code, or Article 8 (commencing with Section 31670) of Chapter 3 of Part 3 of Division 4 of Title 3 of the Government Code. (5) An employee as defined in Section 351(d) of Title 45 of the United States Code. (b) (1) “Employer” means any person employing another under any appointment or contract of hire and includes the state, political subdivisions of the state, and municipalities. (2) “Employer” does not include any employer described in Section 351(a) of Title 45 of the United States Code. (c) “Family member” means any of the following: (1) A child, which for purposes of this article means a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis. This definition of a child is applicable regardless of age or dependency status. (2) A biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child. (3) A spouse. (4) A registered domestic partner. (5) A grandparent. (6) A grandchild. (7) A sibling. (8) A designated person, which, for purposes of this article, means a person identified by the employee at the time the employee requests paid sick days. An employer may limit an employee to one designated person per 12-month period for paid sick days. (d) “Health care provider” has the same meaning as defined in Section 12945.2 of the Government Code. (e) “Paid sick days” means time that is compensated at the same wage as the employee normally earns during regular work hours and is provided by an employer to an employee for the purposes described in Section 246.5. (Amended by Stats. 2023, Ch. 309, Sec. 1. (SB 616) Effective January 1, 2024.)
  75. 246.

    ## 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 1.5. Paid Sick Days [245 - 249] ( Article 1.5 added by Stats. 2014, Ch. 317, Sec. 3. )

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    This section gives eligible employees paid sick leave, requires employers to accrue, track, notice, and pay it, and sets rules for use, carryover, and reinstatement.

    ## 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 1.5. Paid Sick Days [245 - 249] ( Article 1.5 added by Stats. 2014, Ch. 317, Sec. 3. ) ## 246. (a) (1) An employee who, on or after July 1, 2015, works in California for the same employer for 30 or more days within a year from the commencement of employment is entitled to paid sick days as specified in this section. For an individual provider of waiver personal care services under Section 14132.97 of the Welfare and Institutions Code who also provides in-home supportive services in an applicable month, eligibility shall be determined based on the aggregate number of monthly hours worked between in-home supportive services and waiver personal care services pursuant to subdivision (d) of Section 14132.971. (2) On and after July 1, 2018, a provider of in-home supportive services under Section 14132.95, 14132.952, or 14132.956 of, or Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of, the Welfare and Institutions Code, who works in California for 30 or more days within a year from the commencement of employment is entitled to paid sick days as specified in subdivision (e) and subject to the rate of accrual in paragraph (1) of subdivision (b). For an individual provider of waiver personal care services under Section 14132.97 of the Welfare and Institutions Code, entitlement to paid sick days begins on July 1, 2019. (b) (1) An employee shall accrue paid sick days at the rate of not less than one hour per every 30 hours worked, beginning at the commencement of employment or the operative date of this article, whichever is later, subject to the use and accrual limitations set forth in this section. (2) An employee who is exempt from overtime requirements as an administrative, executive, or professional employee under a wage order of the Industrial Welfare Commission is deemed to work 40 hours per workweek for the purposes of this section, unless the employee’s normal workweek is less than 40 hours, in which case the employee shall accrue paid sick days based upon that normal workweek. (3) An employer may use a different accrual method, other than providing one hour per every 30 hours worked, provided that the accrual is on a regular basis so that an employee has no less than 24 hours of accrued sick leave or paid time off by the 120th calendar day of employment or each calendar year, or in each 12-month period, and no less than 40 hours of accrued sick leave or paid time off by the 200th calendar day of employment or each calendar year, or in each 12-month period. (4) An employer may satisfy the accrual requirements of this section by providing not less than 24 hours or 3 days of paid sick leave that is available to the employee to use by the completion of the employee’s 120th calendar day of employment, and no less than 40 hours or 5 days of paid sick leave that is available to the employee to use by the completion of the employee’s 200th calendar day of employment. (c) An employee shall be entitled to use accrued paid sick days beginning on the 90th day of employment, after which day the employee may use paid sick days as they are accrued. (d) Accrued paid sick days shall carry over to the following year of employment. However, an employer may limit an employee’s use of accrued paid sick days to 40 hours or five days in each year of employment, calendar year, or 12-month period. This section shall be satisfied and no accrual or carryover is required if the full amount of leave is received at the beginning of each year of employment, calendar year, or 12-month period. The term “full amount of leave” means five days or 40 hours. (e) For a provider of in-home supportive services under Section 14132.95, 14132.952, or 14132.956 of, or Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of, and an individual provider of waiver personal care services under Section 14132.97 of, the Welfare and Institutions Code, the term “full amount of leave” is defined as follows: (1) Eight hours or one day in each year of employment, calendar year, or 12-month period beginning July 1, 2018. (2) Sixteen hours or two days in each year of employment, calendar year, or 12-month period beginning when the minimum wage, as set forth in paragraph (1) of subdivision (b) of Section 1182.12 and accounting for any years postponed under subparagraph (D) of paragraph (3) of subdivision (d) of Section 1182.12, has reached thirteen dollars ($13) per hour. (3) Twenty-four hours or three days in each year of employment, calendar year, or 12-month period beginning when the minimum wage, as set forth in paragraph (1) of subdivision (b) of Section 1182.12 and accounting for any years postponed under subparagraph (D) of paragraph (3) of subdivision (d) of Section 1182.12, has reached fifteen dollars ($15) per hour. (4) Forty hours or five days in each year of employment, calendar year, or 12-month period beginning January 1, 2024. (f) An employer is not required to provide additional paid sick days pursuant to this section if the employer has a paid leave policy or paid time off policy, the employer makes available an amount of leave applicable to employees that may be used for the same purposes and under the same conditions as specified in this section, and the policy satisfies one of the following: (1) Satisfies the accrual, carryover, and use requirements of this section. (2) Provided paid sick leave or paid time off to a class of employees before January 1, 2015, pursuant to a sick leave policy or paid time off policy that used an accrual method different than providing one hour per 30 hours worked, provided that the accrual is on a regular basis so that an employee, including an employee hired into that class after January 1, 2015, has no less than one day or eight hours of accrued sick leave or paid time off within three months of employment of each calendar year, or each 12-month period, and the employee was eligible to earn at least five days or 40 hours of sick leave or paid time off within six months of employment. If an employer modifies the accrual method used in the policy it had in place prior to January 1, 2015, the employer shall comply with any accrual method set forth in subdivision (b) or provide the full amount of leave at the beginning of each year of employment, calendar year, or 12-month period. This section does not prohibit the employer from increasing the accrual amount or rate for a class of employees covered by this subdivision. (3) Notwithstanding any other law, sick leave benefits provided pursuant to the provisions of Sections 19859 to 19868.3, inclusive, of the Government Code, or annual leave benefits provided pursuant to the provisions of Sections 19858.3 to 19858.7, inclusive, of the Government Code, or by provisions of a memorandum of understanding reached pursuant to Section 3517.5 that incorporate or supersede provisions of Section 19859 to 19868.3, inclusive, or Sections 19858.3 to 19858.7, inclusive, of the Government Code, meet the requirements of this section. (g) (1) Except as specified in paragraph (2), an employer is not required to provide compensation to an employee for accrued, unused paid sick days upon termination, resignation, retirement, or other separation from employment. (2) If an employee separates from an employer and is rehired by the employer within one year from the date of separation, previously accrued and unused paid sick days shall be reinstated. The employee shall be entitled to use those previously accrued and unused paid sick days and to accrue additional paid sick days upon rehiring, subject to the use and accrual limitations set forth in this section. An employer is not required to reinstate accrued paid time off to an employee that was paid out at the time of termination, resignation, or separation of employment. (h) An employer may lend paid sick days to an employee in advance of accrual, at the employer’s discretion and with proper documentation. (i) An employer shall provide an employee with written notice that sets forth the amount of paid sick leave available, or paid time off leave an employer provides in lieu of sick leave, for use on either the employee’s itemized wage statement described in Section 226 or in a separate writing provided on the designated pay date with the employee’s payment of wages. If an employer provides unlimited paid sick leave or unlimited paid time off to an employee, the employer may satisfy this section by indicating on the notice or the employee’s itemized wage statement “unlimited.” The penalties described in this article for a violation of this subdivision shall be in lieu of the penalties for a violation of Section 226. This subdivision shall apply to employers covered by Wage Order 11 or 12 of the Industrial Welfare Commission only on and after January 21, 2016. (j) An employer has no obligation under this section to allow an employee’s total accrual of paid sick leave to exceed 80 hours or 10 days, provided that an employee’s rights to accrue and use paid sick leave are not limited other than as allowed under this section. (k) An employee may determine how much paid sick leave they need to use, provided that an employer may set a reasonable minimum increment, not to exceed two hours, for the use of paid sick leave. (l) For the purposes of this section, an employer shall calculate paid sick leave using any of the following calculations: (1) Paid sick time for nonexempt employees shall be calculated in the same manner as the regular rate of pay for the workweek in which the employee uses paid sick time, whether or not the employee actually works overtime in that workweek. (2) Paid sick time for nonexempt employees shall be calculated by dividing the employee’s total wages, not including overtime premium pay, by the employee’s total hours worked in the full pay periods of the prior 90 days of employment. (3) Paid sick time for exempt employees shall be calculated in the same manner as the employer calculates wages for other forms of paid leave time. (m) If the need for paid sick leave is foreseeable, the employee shall provide reasonable advance notification. If the need for paid sick leave is unforeseeable, the employee shall provide notice of the need for the leave as soon as practicable. (n) An employer shall provide payment for sick leave taken by an employee no later than the payday for the next regular payroll period after the sick leave was taken. (o) The State Department of Social Services, in consultation with stakeholders, shall convene a workgroup to implement paid sick leave for in-home supportive services providers as specified in this section. This workgroup shall finish its implementation work by November 1, 2017, and the State Department of Social Services shall issue guidance such as an all-county letter or similar instructions by December 1, 2017. (p) No later than February 1, 2019, the State Department of Social Services, in consultation with the Department of Finance and stakeholders, shall reconvene the paid sick leave workgroup for in-home supportive services providers. The workgroup shall discuss how paid sick leave affects the provision of in-home supportive services. The workgroup shall consider the potential need for a process to cover an in-home supportive services recipient’s authorized hours when a provider needs to utilize their sick time. This workgroup shall finish its work by November 1, 2019. (q) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the State Department of Social Services may implement, interpret, or make specific this section by means of an all-county letter, or similar instructions, without taking any regulatory action. (r) Subdivisions (g), (h), (i), (l), (m), and (n) shall preempt any local ordinance to the contrary. (Amended by Stats. 2023, Ch. 309, Sec. 2. (SB 616) Effective January 1, 2024.)
  76. 246.5.

    ## 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 1.5. Paid Sick Days [245 - 249] ( Article 1.5 added by Stats. 2014, Ch. 317, Sec. 3. )

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    An employer must provide paid sick days when an employee requests them orally or in writing, and may not require a replacement worker or retaliate for using or seeking to use accrued sick 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 1.5. Paid Sick Days [245 - 249] ( Article 1.5 added by Stats. 2014, Ch. 317, Sec. 3. ) ## 246.5. (a) Upon the oral or written request of an employee, an employer shall provide paid sick days for the following purposes: (1) Diagnosis, care, or treatment of an existing health condition of, or preventive care for, an employee or an employee’s family member. (2) (A) For leave taken or requested on or before December 31, 2024, for a purpose described in subdivision (c) of Section 230 or subdivision (a) of Section 230.1. (B) For leave taken or requested on or after January 1, 2025, for a purpose described in paragraph (1), (2), or (3) of subdivision (a) of, or subdivision (b) of, Section 12945.8 of the Government Code. (C) For leave taken or requested on or after January 1, 2026, for a purpose described in paragraph (4) of subdivision (a) of Section 12945.8 of the Government Code. (3) (A) For an employee who is an agricultural employee, as defined in Section 9110, who works outside and who is entitled to paid sick days under this article, to avoid smoke, heat, or flooding conditions created by a local or state emergency, including, but not limited to, when the employee’s worksite is closed due to the smoke, heat, or flooding conditions. (B) For purposes of this paragraph, there are smoke, heat, or flood conditions created by a local or state emergency if the Governor proclaims a state of emergency pursuant to Section 8625 of the Government Code, or a local emergency is proclaimed pursuant to Section 8630 of the Government Code, due to smoke, heat, or flooding conditions that prevent agricultural employees from working. (b) An employer shall not require as a condition of using paid sick days that the employee search for or find a replacement worker to cover the days during which the employee uses paid sick days. (c) (1) An employer shall not deny an employee the right to use accrued sick days, discharge, threaten to discharge, demote, suspend, or in any manner discriminate against an employee for using accrued sick days, attempting to exercise the right to use accrued sick days, filing a complaint with the department or alleging a violation of this article, cooperating in an investigation or prosecution of an alleged violation of this article, or opposing any policy or practice or act that is prohibited by this article. (2) There shall be a rebuttable presumption of unlawful retaliation if an employer denies an employee the right to use accrued sick days, discharges, threatens to discharge, demotes, suspends, or in any manner discriminates against an employee within 30 days of any of the following: (A) The filing of a complaint by the employee with the Labor Commissioner or alleging a violation of this article. (B) The cooperation of an employee with an investigation or prosecution of an alleged violation of this article. (C) Opposition by the employee to a policy, practice, or act that is prohibited by this article. (d) Notwithstanding subdivision (a) of Section 245.5, for purposes of this section, “employee” shall include an employee described in paragraph (1) of subdivision (a) of Section 245.5. (Amended by Stats. 2025, Ch. 148, Sec. 6. (AB 406) Effective October 1, 2025.)
  77. 247.

    ## 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 1.5. Paid Sick Days [245 - 249] ( Article 1.5 added by Stats. 2014, Ch. 317, Sec. 3. )

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    Employers must post a paid sick days notice at each workplace, and the Labor Commissioner must provide the poster.

    ## 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 1.5. Paid Sick Days [245 - 249] ( Article 1.5 added by Stats. 2014, Ch. 317, Sec. 3. ) ## 247. (a) In each workplace of the employer, the employer shall display a poster in a conspicuous place containing all the information specified in subdivision (b). The Labor Commissioner shall create a poster containing this information and make it available to employers. (b) The poster shall state all of the following: (1) An employee is entitled to accrue, request, and use paid sick days. (2) The amount of sick days provided for by this article. (3) The terms of use of paid sick days. (4) That retaliation or discrimination against an employee who requests paid sick days or uses paid sick days, or both, is prohibited and that an employee has the right under this article to file a complaint with the Labor Commissioner against an employer who retaliates or discriminates against the employee. (c) An employer who willfully violates the posting requirements of this section is subject to a civil penalty of not more than one hundred dollars ($100) per each offense. (Added by Stats. 2014, Ch. 317, Sec. 3. (AB 1522) Effective January 1, 2015.)
  78. 247.5.

    ## 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 1.5. Paid Sick Days [245 - 249] ( Article 1.5 added by Stats. 2014, Ch. 317, Sec. 3. )

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    Employers must keep paid sick leave records for at least three years, let the Labor Commissioner access them, and make them available to employees in the same manner as Section 226.

    ## 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 1.5. Paid Sick Days [245 - 249] ( Article 1.5 added by Stats. 2014, Ch. 317, Sec. 3. ) ## 247.5. (a) An employer shall keep for at least three years records documenting the hours worked and paid sick days accrued and used by an employee, and shall allow the Labor Commissioner to access these records pursuant to the requirements set forth in Section 1174. An employer shall make these records available to an employee in the same manner as described in Section 226. If an employer does not maintain adequate records pursuant to this section, it shall be presumed that the employee is entitled to the maximum number of hours accruable under this article, unless the employer can show otherwise by clear and convincing evidence. (b) Notwithstanding any other provision of this article, an employer is not obligated to inquire into or record the purposes for which an employee uses paid leave or paid time off. (Amended by Stats. 2015, Ch. 67, Sec. 3. (AB 304) Effective July 13, 2015.)
  79. 248.

    ## 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 1.5. Paid Sick Days [245 - 249] ( Article 1.5 added by Stats. 2014, Ch. 317, Sec. 3. )

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    Food sector workers are entitled to COVID-19 supplemental paid sick leave, and hiring entities must provide it and make it available for immediate use.

    ## 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 1.5. Paid Sick Days [245 - 249] ( Article 1.5 added by Stats. 2014, Ch. 317, Sec. 3. ) ## 248. (a) As used in this section: (1) “COVID-19 food sector supplemental paid sick leave” means supplemental paid sick leave provided pursuant to this section. (2) “Food sector worker” means any person who satisfies all of the following criteria: (A) The person satisfies one or more of the following criteria: (i) The person works in an industry or occupation defined in paragraph (B) of Section 2 of IWC Wage Order 3-2001, paragraph (H) of Section 2 of IWC Wage Order 8-2001, paragraph (H) of Section 2 of IWC Wage Order 13-2001, or paragraph (D) of Section 2 of IWC Wage Order 14-2001. (ii) The person works for a hiring entity that operates a food facility, as defined in Section 113789 of the Health and Safety Code. (iii) The person delivers food from a food facility, as defined in Section 113789 of the Health and Safety Code, for or through a hiring entity. (B) The person leaves the person’s home or other place of residence to perform work for or through the person’s hiring entity. (3) “Hiring entity” means a private sole proprietorship or any kind of private entity whatsoever, including, but not limited to, any kind of corporation, partnership, limited liability company, limited liability partnership, or any other kind of business enterprise, and specifically including, but not limited to, any delivery network company, as defined in subdivision (b) of Section 6041.5 of the Revenue and Taxation Code, and any transportation network company, as defined in subdivision (c) of Section 5431 of the Public Utilities Code, that has 500 or more employees in the United States. For purposes of this paragraph, Section 826.40(a)(1) and (2) of Title 29 of the Code of Federal Regulations shall be used to determine the number of employees that the hiring entity employs. (4) “IWC Wage Order” means a wage order of the Industrial Welfare Commission. (b) A food sector worker shall be entitled to COVID-19 food sector supplemental paid sick leave as follows: (1) A hiring entity shall provide COVID-19 food sector supplemental paid sick leave to each food sector worker who performs work for or through the hiring entity if that food sector worker is unable to work due to any of the following reasons: (A) The food sector worker is subject to a federal, state, or local quarantine or isolation order related to COVID-19. (B) The food sector worker is advised by a health care provider to self-quarantine or self-isolate due to concerns related to COVID-19. (C) The food sector worker is prohibited from working by the food sector worker’s hiring entity due to health concerns related to the potential transmission of COVID-19. (2) A food sector worker shall be entitled to the following number of hours of COVID-19 food sector supplemental paid sick leave: (A) A food sector worker is entitled to 80 hours of COVID-19 food sector supplemental paid sick leave, if the food sector worker satisfies either of the following criteria: (i) The hiring entity considers the food sector worker to work “full time.” (ii) The food sector worker worked or was scheduled to work, on average, at least 40 hours per week for the hiring entity in the two weeks preceding the date the food sector worker took COVID-19 food sector supplemental paid sick leave. (B) A food sector worker who does not satisfy either of the criteria in subparagraph (A) is entitled to an amount of COVID-19 food sector supplemental paid sick leave as follows: (i) If the food sector worker has a normal weekly schedule, the total number of hours the food sector worker is normally scheduled to work for or through a hiring entity over two weeks. (ii) If the food sector worker works a variable number of hours, 14 times the average number of hours the food sector worker worked each day for or through the hiring entity in the six months preceding the date the food sector worker took COVID-19 food sector supplemental paid sick leave. If the food sector worker has worked for the hiring entity fewer than six months, this calculation shall instead be made over the entire period the food sector worker has worked for the hiring entity. (C) The total number of hours of COVID-19 food sector supplemental paid sick leave to which a food sector worker is entitled pursuant to subparagraph (A) or (B) shall be in addition to any paid sick leave that may be available to the food sector worker under Section 246, but shall not be in addition to the total number of hours of supplemental paid sick leave available to the worker under Executive Order N-51-20. (D) A food sector worker may determine how many hours of COVID-19 food sector supplemental paid sick leave to use, up to the total number of hours to which the food sector worker is entitled pursuant to subparagraph (A) or (B). The hiring entity shall make COVID-19 food sector supplemental paid sick leave available for immediate use by the food sector worker, upon the oral or written request of the worker to the hiring entity. (E) A hiring entity is not required to provide a food sector worker more than the total number of hours of COVID-19 food sector supplemental paid sick leave to which the food sector worker is entitled pursuant to subparagraph (A) or (B) above. (3) (A) Each hour of COVID-19 food sector supplemental paid sick leave shall be compensated at a rate equal to the highest of the following: (i) The food sector worker’s regular rate of pay for the food sector worker’s last pay period. (ii) The state minimum wage. (iii) The local minimum wage to which the food sector worker is entitled. (B) Notwithstanding subparagraph (A), a hiring entity shall not be required to pay more than five hundred eleven dollars ($511) per day and five thousand one hundred ten dollars ($5,110) in the aggregate to a food sector worker for COVID-19 food sector supplemental paid sick leave taken by the worker. (4) A hiring entity shall not require a food sector worker to use any other paid or unpaid leave, paid time off, or vacation time provided by the hiring entity to the food sector worker before the food sector worker uses COVID-19 food sector supplemental paid sick leave or in lieu of COVID-19 food sector supplemental paid sick leave. (c) Notwithstanding subdivision (b), if a hiring entity already provides the relevant food sector worker with a supplemental benefit, such as supplemental paid leave, that is payable for the reasons listed in paragraph (1) of subdivision (b) and that would compensate the food sector worker in an amount equal to or greater than the amount of compensation for taking COVID-19 food sector supplemental paid sick leave to which the food sector worker would otherwise be entitled as set forth under paragraph (3) of subdivision (b), then the hiring entity may count the hours of the other paid benefit or leave towards the total number of hours of COVID-19 food sector supplemental paid sick leave that the hiring entity is required to provide to the food sector worker under paragraph (2) of subdivision (b). For purposes of the foregoing, the other supplemental paid benefit or leave that may be counted does not include paid sick leave to which the food sector worker is entitled under Section 246, but may include paid leave already provided by the hiring entity pursuant to Executive Order N-51-20 or supplemental paid leave provided pursuant to federal or local law for the same reasons set forth in paragraph (1) of subdivision (b). (d) (1) In addition to other remedies as may be provided by the laws of this state or its subdivisions, including, but not limited to, the remedies available to redress any unlawful business practice under Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code, the Labor Commissioner shall enforce this section. For purposes of such enforcement and to implement COVID-19 food sector supplemental paid sick leave, this section shall apply as follows: (A) The Labor Commissioner shall enforce this section as if COVID-19 food sector supplemental paid sick leave constitutes “paid sick days,” “paid sick leave,” or “sick leave” under subdivision (n) of Section 246, subdivisions (b) and (c) of Section 246.5, Section 247, Section 247.5, and Section 248.5. Any claim by a covered worker that is enforceable by the Labor Commissioner for supplemental paid sick leave pursuant to Executive Order N-51-20 shall also be enforceable through this section. (B) Section 249 applies to COVID-19 food sector supplemental paid sick leave. (2) For purposes of sections of this code cited in subparagraphs (A) to (C), inclusive, of paragraph (1), in construing this section all food sector workers shall be considered employees and any hiring entity shall be considered an employer. (e) The requirement to provide COVID-19 food sector supplemental paid sick leave as set forth in this section applies retroactively to April 16, 2020, and shall expire on December 31, 2020 or upon the expiration of any federal extension of the Emergency Paid Sick Leave Act established by the federal Families First Coronavirus Response Act (Public Law 116-127), whichever is later, except that a food sector worker taking COVID-19 food sector supplemental paid sick leave at the time of the expiration of this section shall be permitted to take the full amount of COVID-19 food sector supplemental paid sick leave to which that food sector worker otherwise would have been entitled under this section. (Added by Stats. 2020, Ch. 45, Sec. 3. (AB 1867) Effective September 9, 2020.)
  80. 248.1.

    ## 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 1.5. Paid Sick Days [245 - 249] ( Article 1.5 added by Stats. 2014, Ch. 317, Sec. 3. )

    Verify source ↗

    Covered workers are entitled to COVID-19 supplemental paid sick leave, and hiring entities must provide, pay for, and make it immediately available under the section’s rules.

    ## 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 1.5. Paid Sick Days [245 - 249] ( Article 1.5 added by Stats. 2014, Ch. 317, Sec. 3. ) ## 248.1. (a) As used in this section: (1) “COVID-19 supplemental paid sick leave” means supplemental paid sick leave provided pursuant to this section. (2) “Covered worker” means any person who satisfies the following criteria: (A) The person satisfies one or more of the following criteria: (i) The person is employed by a hiring entity, as defined in subparagraph (A) of paragraph (3). (ii) The person is employed as a health care provider or emergency responder, as defined under Section 826.30(c) of Title 29 of the Code of Federal Regulations, by a hiring entity as defined in subparagraph (B) of paragraph (3) that has elected to exclude such employees from emergency paid sick leave under the federal Families First Coronavirus Response Act (Public Law 116-127). (B) The person satisfying one or more of the criteria in subparagraph (A) leaves the person’s home or other place of residence to perform work for the person’s hiring entity. (C) Notwithstanding subparagraph (A), a “covered worker” shall not include any of the following: (i) A person who works in an industry or occupation defined in paragraph (B) of Section 2 of IWC Wage Order 3-2001, paragraph (H) of Section 2 of IWC Wage Order 8-2001, paragraph (H) of Section 2 of IWC Wage Order 13-2001, or paragraph (D) of Section 2 of IWC Wage Order 14-2001. (ii) A person who works for a hiring entity that operates a food facility, as defined in Section 113789 of the Health and Safety Code. (iii) A person who delivers food from a food facility, as defined in Section 113789 of the Health and Safety Code, for or through a hiring entity. (3) “Hiring entity” means either of the following: (A) A private sole proprietorship or any kind of private entity whatsoever, including, but not limited to, any kind of corporation, partnership, limited liability company, limited liability partnership, or any other kind of business enterprise that has 500 or more employees in the United States. For purposes of this paragraph, Section 826.40(a)(1) and (2) of Title 29 of the Code of Federal Regulations shall be used to determine the number of employees that the hiring entity employs. (B) An entity, including a public entity, that employs health care providers or emergency responders as defined under Section 826.30(c) of Title 29 of the Code of Federal Regulations, and that has elected to exclude such employees from emergency paid sick leave under the federal Families First Coronavirus Response Act (Public Law 116-127). (4) “IWC Wage Order” means a wage order of the Industrial Welfare Commission. (b) A covered worker shall be entitled to COVID-19 supplemental paid sick leave as follows: (1) A hiring entity shall provide COVID-19 supplemental paid sick leave to each covered worker who performs work for the hiring entity if that covered worker is unable to work due to any of the following reasons: (A) The covered worker is subject to a federal, state, or local quarantine or isolation order related to COVID-19. (B) The covered worker is advised by a health care provider to self-quarantine or self-isolate due to concerns related to COVID-19. (C) The covered worker is prohibited from working by the covered worker’s hiring entity due to health concerns related to the potential transmission of COVID-19. (2) A covered worker shall be entitled to the following number of hours of COVID-19 supplemental paid sick leave: (A) A covered worker is entitled to 80 hours of COVID-19 supplemental paid sick leave, if the covered worker satisfies either of the following criteria: (i) The hiring entity considers the covered worker to work “full time.” (ii) The covered worker worked or was scheduled to work, on average, at least 40 hours per week for the hiring entity in the two weeks preceding the date the covered worker took COVID-19 supplemental paid sick leave. (B) Notwithstanding subparagraph (A), a covered worker who is an active firefighter who was scheduled to work more than 80 hours for the hiring entity in the two weeks preceding the date the covered worker took COVID-19 supplemental paid sick leave is entitled to an amount of COVID-19 supplemental paid sick leave equal to the total number of hours that the covered worker was scheduled to work for the hiring entity in those two preceding weeks. This subparagraph applies to an active firefighting member of any of the following: (i) A fire department of a city, county, city and county, district, or other public or municipal corporation or political subdivision. (ii) A fire department of the University of California and the California State University. (iii) The Department of Forestry and Fire Protection. (iv) A county forestry or firefighting department or unit. (v) A fire department that serves a United States Department of Defense installation and whose firefighters are certified by the United States Department of Defense as meeting its standards for firefighters. (vi) A fire department that serves a National Aeronautics and Space Administration installation and that adheres to training standards established in accordance with Article 4 (commencing with Section 13155) of Chapter 1 of Part 2 of Division 12 of the Health and Safety Code. (vii) A fire department that provides fire protection to a commercial airport regulated by the Federal Aviation Administration (FAA) under Part 139 (commencing with Section 139.1) of Subchapter G of Chapter 1 of Title 14 of the Federal Code of Regulations whose firefighters are trained and certified by the State Fire Marshal as meeting the standards of Fire Control 5 and Section 139.319 of Title 14 of the Federal Code of Regulations. (viii) Fire and rescue services coordinators who work for the Office of Emergency Services. For purposes of this clause, “fire and rescue services coordinators” means coordinators with any of the following job classifications: coordinator, senior coordinator, or chief coordinator. (C) A covered worker who does not satisfy either of the criteria in subparagraph (A) or (B) is entitled to an amount of COVID-19 supplemental paid sick leave as follows: (i) If the covered worker has a normal weekly schedule, the total number of hours the covered worker is normally scheduled to work for the hiring entity over two weeks. (ii) If the covered worker works a variable number of hours, 14 times the average number of hours the covered worker worked each day for the hiring entity in the six months preceding the date the covered worker took COVID-19 supplemental paid sick leave. If the covered worker has worked for the hiring entity over a period of fewer than six months but more than 14 days, this calculation shall instead be made over the entire period the covered worker has worked for the hiring entity. (iii) If the covered worker works a variable number of hours and has worked for the hiring entity over a period of 14 days or fewer, the total number of hours the covered worker has worked for that hiring entity. (D) The total number of hours of COVID-19 supplemental paid sick leave to which a covered worker is entitled pursuant to subparagraph (A), (B), or (C) shall be in addition to any paid sick leave that may be available to the covered worker under Section 246. (E) A covered worker may determine how many hours of COVID-19 supplemental paid sick leave to use, up to the total number of hours to which the covered worker is entitled pursuant to subparagraph (A), (B), or (C). The hiring entity shall make COVID-19 supplemental paid sick leave available for immediate use by the covered worker, upon the oral or written request of the worker to the hiring entity. (F) A hiring entity is not required to provide a covered worker more than the total number of hours of COVID-19 supplemental paid sick leave to which the covered worker is entitled pursuant to subparagraph (A), (B), or (C). (3) (A) Each hour of COVID-19 supplemental paid sick leave shall be compensated at a rate equal to the highest of the following: (i) The covered worker’s regular rate of pay for the covered worker’s last pay period, including pursuant to any collective bargaining agreement that applies. (ii) The state minimum wage. (iii) The local minimum wage to which the covered worker is entitled. (B) Notwithstanding subparagraph (A), a covered worker who is entitled to an amount of COVID-19 supplemental paid sick leave under subparagraph (B) of paragraph (2), shall be compensated for each hour of COVID-19 supplemental paid sick leave at the regular rate of pay to which the worker would be entitled as if the worker had been scheduled to work those hours, pursuant to existing law or an applicable collective bargaining agreement. (C) Notwithstanding subparagraph (A) or (B), a hiring entity shall not be required to pay more than five hundred eleven dollars ($511) per day and five thousand one hundred ten dollars ($5,110) in the aggregate to a covered worker for COVID-19 supplemental paid sick leave taken by the worker. (4) A hiring entity shall not require a covered worker to use any other paid or unpaid leave, paid time off, or vacation time provided by the hiring entity to the covered worker before the covered worker uses COVID-19 supplemental paid sick leave or in lieu of COVID-19 supplemental paid sick leave. (c) Notwithstanding subdivision (b), if a hiring entity already provides a covered worker with a supplemental benefit, such as supplemental paid leave, that is payable for the reasons listed in paragraph (1) of subdivision (b) and that would compensate the covered worker in an amount equal to or greater than the amount of compensation for COVID-19 supplemental paid sick leave to which the covered worker is entitled as set forth under paragraph (3) of subdivision (b), then the hiring entity may count the hours of the other paid benefit or leave towards the total number of hours of COVID-19 supplemental paid sick leave that the hiring entity is required to provide to the covered worker under paragraph (2) of subdivision (b). For purposes of the foregoing, the other supplemental paid benefit or leave that may be counted does not include paid sick leave to which the covered worker is entitled under Section 246, but may include paid leave already provided by the hiring entity pursuant to Executive Order N-51-20 or Section 248, or supplemental paid leave provided pursuant to federal or local law for the same reasons set forth in paragraph (1) of subdivision (b). Additionally, if a hiring entity already provided supplemental paid leave between March 4, 2020, and the effective date of this section for the reasons listed in paragraph (1) of subdivision (b) but did not compensate the covered worker in an amount equal to or greater than the amount of compensation for COVID-19 supplemental paid sick leave to which the covered worker is entitled as set forth under paragraph (3) of subdivision (b), the employer may retroactively provide supplemental pay to the covered worker to satisfy the compensation requirements under paragraph (3) of subdivision (b), in which case those hours may count towards the total number of hours of COVID-19 supplemental paid sick leave required under paragraph (2) of subdivision (b). (d) (1) In addition to other remedies as may be provided by the laws of this state or its subdivisions, including, but not limited to, the remedies available to redress any unlawful business practice under Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code, the Labor Commissioner shall enforce this section. For purposes of such enforcement and to implement COVID-19 supplemental paid sick leave, this section shall apply as follows: (A) The Labor Commissioner shall enforce this section as if COVID-19 supplemental paid sick leave constitutes “paid sick days,” “paid sick leave,” or “sick leave” under subdivisions (i) and (n) of Section 246, subdivisions (b) and (c) of Section 246.5, Section 247, Section 247.5, and Section 248.5. However, the requirement in subdivision (i) of Section 246 is not enforceable until the next full pay period following the date of enactment of this section. (B) Section 249 applies to COVID-19 supplemental paid sick leave. (C) By seven days after the effective date of this section, the Labor Commissioner shall make publicly available a model notice for purposes of Section 247. Only for purposes of COVID-19 supplemental paid sick leave, if a hiring entity’s covered workers do not frequent a workplace, the hiring entity may satisfy the notice requirement of subdivision (a) of Section 247 by disseminating notice through electronic means, such as by electronic mail. (2) For purposes of sections of this code cited in subparagraphs (A) to (C), inclusive, of paragraph (1), in construing this section all covered workers shall be considered employees and any hiring entity shall be considered an employer. (e) The requirement to provide COVID-19 supplemental paid sick leave as set forth in this section shall take effect not later than 10 days after the date of enactment of this section. (f) The requirement to provide COVID-19 supplemental paid sick leave as set forth in this section shall expire on December 31, 2020, or upon the expiration of any federal extension of the Emergency Paid Sick Leave Act established by the federal Families First Coronavirus Response Act (Public Law 116-127), whichever is later, except that a covered worker taking COVID-19 supplemental paid sick leave at the time of the expiration of this section shall be permitted to take the full amount of COVID-19 supplemental paid sick leave to which that covered worker otherwise would have been entitled under this section. (Added by Stats. 2020, Ch. 45, Sec. 4. (AB 1867) Effective September 9, 2020.)
  81. 248.2.

    ## 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 1.5. Paid Sick Days [245 - 249] ( Article 1.5 added by Stats. 2014, Ch. 317, Sec. 3. )

    Verify source ↗

    Covered employees are entitled to COVID-19 supplemental paid sick leave, and employers must provide it and let employees use it immediately on request.

    ## 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 1.5. Paid Sick Days [245 - 249] ( Article 1.5 added by Stats. 2014, Ch. 317, Sec. 3. ) ## 248.2. (a) As used in this section: (1) “COVID-19 supplemental paid sick leave” means supplemental paid sick leave provided pursuant to this section. (2) “Employer” means an employer, as defined in subdivision (b) of Section 245.5, that employs more than 25 employees. (3) “Covered employee” means an employee who is unable to work or telework for an employer because of a reason listed under paragraph (1) of subdivision (b). (4) “Firefighter” means an active firefighting member of any of the following: (A) A fire department of a city, county, city and county, district, or other public or municipal corporation or political subdivision. (B) A fire department of the University of California and the California State University. (C) The Department of Forestry and Fire Protection. (D) A county forestry or firefighting department or unit. (E) A fire department that serves a United States Department of Defense installation and whose firefighters are certified by the United States Department of Defense as meeting its standards for firefighters. (F) A fire department that serves a National Aeronautics and Space Administration installation and that adheres to training standards established in accordance with Article 4 (commencing with Section 13155) of Chapter 1 of Part 2 of Division 12 of the Health and Safety Code. (G) A fire department that provides fire protection to a commercial airport regulated by the Federal Aviation Administration (FAA) under Part 139 (commencing with Section 139.1) of Subchapter G of Chapter 1 of Title 14 of the Federal Code of Regulations whose firefighters are trained and certified by the State Fire Marshal as meeting the standards of Fire Control 5 and Section 139.319 of Title 14 of the Federal Code of Regulations. (H) Fire and rescue services coordinators who work for the Office of Emergency Services. For purposes of this clause, “fire and rescue services coordinators” means coordinators with any of the following job classifications: coordinator, senior coordinator, or chief coordinator. (b) A covered employee shall be entitled to COVID-19 supplemental paid sick leave as follows: (1) An employer shall provide COVID-19 supplemental paid sick leave to each covered employee if that covered employee is unable to work or telework due to any of the following reasons: (A) The covered employee is subject to a quarantine or isolation period related to COVID-19 as defined by an order or guidelines of the State Department of Public Health, the federal Centers for Disease Control and Prevention, or a local health officer who has jurisdiction over the workplace. If the covered employee is subject to more than one of the foregoing, the covered employee shall be permitted to use COVID-19 supplemental paid sick leave for the minimum quarantine or isolation period under the order or guidelines that provides for the longest such minimum period. (B) The covered employee has been advised by a health care provider to self-quarantine due to concerns related to COVID-19. (C) The covered employee is attending an appointment to receive a vaccine for protection against contracting COVID-19. (D) The covered employee is experiencing symptoms related to a COVID-19 vaccine that prevent the employee from being able to work or telework. (E) The covered employee is experiencing symptoms of COVID-19 and seeking a medical diagnosis. (F) The covered employee is caring for a family member, as defined in subdivision (c) of Section 245.5, who is subject to an order or guidelines described in subparagraph (A) or who has been advised to self-quarantine, as described in subparagraph (B). (G) The covered employee is caring for a child, as defined in subdivision (c) of Section 245.5, whose school or place of care is closed or otherwise unavailable for reasons related to COVID-19 on the premises. (2) A covered employee shall be entitled to the following number of hours of COVID-19 supplemental paid sick leave: (A) A covered employee is entitled to 80 hours of COVID-19 supplemental paid sick leave, if the covered employee satisfies either of the following criteria: (i) The employer considers the covered employee to work full time. (ii) The covered employee worked or was scheduled to work, on average, at least 40 hours per week for the employer in the two weeks preceding the date the covered employee took COVID-19 supplemental paid sick leave. (B) Notwithstanding subparagraph (A), a covered employee who is a firefighter who was scheduled to work more than 80 hours for the employer in the two weeks preceding the date the covered employee took COVID-19 supplemental paid sick leave is entitled to an amount of COVID-19 supplemental paid sick leave equal to the total number of hours that the covered employee was scheduled to work for the employer in those two preceding weeks. (C) A covered employee who does not satisfy the criteria in subparagraph (A) or subparagraph (B) is entitled to an amount of COVID-19 supplemental paid sick leave as follows: (i) If the covered employee has a normal weekly schedule, the total number of hours the covered employee is normally scheduled to work for the employer over two weeks. (ii) If the covered employee works a variable number of hours, 14 times the average number of hours the covered employee worked each day for the employer in the six months preceding the date the covered employee took COVID-19 supplemental paid sick leave. If the covered employee has worked for the employer over a period of fewer than six months but more than 14 days, this calculation shall instead be made over the entire period the covered employee has worked for the employer. (iii) If the covered employee works a variable number of hours and has worked for the employer over a period of 14 days or fewer, the total number of hours the covered employee has worked for that employer. (D) The total number of hours of COVID-19 supplemental paid sick leave to which a covered employee is entitled pursuant to subparagraph (A), (B), or (C) shall be in addition to any paid sick leave that may be available to the covered employee under Section 246. (E) A covered employee may determine how many hours of COVID-19 supplemental paid sick leave to use, up to the total number of hours to which the covered employee is entitled pursuant to subparagraph (A), (B), or (C) of this paragraph. The employer shall make COVID-19 supplemental paid sick leave available for immediate use by the covered employee, upon the oral or written request of the covered employee to the employer. (F) An employer is not required to provide a covered employee more than the total number of hours of COVID-19 supplemental paid sick leave to which the covered employee is entitled pursuant to subparagraph (A), (B), or (C) of this paragraph. (3) (A) Each hour of COVID-19 supplemental paid sick leave shall be compensated at a rate equal to the following: (i) For nonexempt covered employees, by the highest of the following: (I) Calculated in the same manner as the regular rate of pay for the workweek in which the covered employee uses COVID-19 supplemental paid sick leave, whether or not the employee actually works overtime in that workweek. (II) Calculated by dividing the covered employee’s total wages, not including overtime premium pay, by the employee’s total hours worked in the full pay periods of the prior 90 days of employment. (III) The state minimum wage. (IV) The local minimum wage to which the covered employee is entitled. (ii) COVID-19 supplemental paid sick leave for exempt covered employees shall be calculated in the same manner as the employer calculates wages for other forms of paid leave time. (B) Notwithstanding subparagraph (A), a covered employee who is entitled to an amount of COVID-19 supplemental paid sick leave under subparagraph (B) of paragraph (2), shall be compensated for each hour of COVID-19 supplemental paid sick leave at the regular rate of pay to which the covered employee would be entitled as if the covered employee had been scheduled to work those hours, pursuant to existing law or an applicable collective bargaining agreement. (C) Notwithstanding subparagraph (A) or (B), an employer shall not be required to pay more than five hundred eleven dollars ($511) per day and five thousand one hundred ten dollars ($5,110) in the aggregate to a covered employee for COVID-19 supplemental paid sick leave taken by the covered employee unless federal legislation is enacted that increases these amounts beyond the amounts that were included in the Emergency Paid Sick Leave Act established by the federal Families First Coronavirus Response Act (Public Law 116-127), in which case the new federal dollar amounts shall apply to this section as of the date the new amounts are applicable under the federal law. Nothing in this subparagraph shall prevent a covered employee who has reached the maximum amounts, as set forth herein, from choosing to utilize other paid leave that is available to the covered employee in order to fully compensate the covered employee for leave taken. (4) An employer shall not require a covered employee to use any other paid or unpaid leave, paid time off, or vacation time provided by the employer to the covered employee before the covered employee uses COVID-19 supplemental paid sick leave or in lieu of COVID-19 supplemental paid sick leave. (5) Notwithstanding any other provision in this section, in order to satisfy the requirement to maintain an employee’s earnings when an employee is excluded from the workplace due to COVID-19 exposure under the Cal-OSHA COVID-19 Emergency Temporary Standards at Sections 3205 through 3205.4, inclusive, of Title 8 of the California Code of Regulations or the Cal-OSHA Aerosol Transmissible Diseases Standard at Section 5199 of Title 8 of the California Code of Regulations, an employer may require a covered employee to first exhaust their COVID-19 supplemental paid sick leave under this section. (c) Notwithstanding subdivision (b), if an employer pays a covered employee another supplemental benefit for leave taken on or after January 1, 2021, that is payable for the reasons listed in paragraph (1) of subdivision (b) and that compensates the covered employee in an amount equal to or greater than the amount of compensation for COVID-19 supplemental paid sick leave to which the covered employee is entitled as set forth under paragraph (3) of subdivision (b), then the employer may count the hours of the other paid benefit or leave towards the total number of hours of COVID-19 supplemental paid sick leave that the employer is required to provide to the covered employee under paragraph (2) of subdivision (b). For purposes of the foregoing, the other supplemental benefit for leave taken that may be counted does not include paid sick leave to which the covered employee is entitled under Section 246, subdivision (e) of Section 248, or subdivision (f) of Section 248.1 but may include paid leave provided by the employer pursuant to any federal or local law in effect or that became effective on or after January 1, 2021, if the paid leave is provided to the covered employee under that law for any of the same reasons set forth in paragraph (1) of subdivision (b). (d) In addition to other remedies as may be provided by the laws of this state or its subdivisions, including, but not limited to, the remedies available to redress any unlawful business practice under Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code, the Labor Commissioner shall enforce this section. For purposes of enforcement and to implement COVID-19 supplemental paid sick leave, this section shall apply as follows: (1) The Labor Commissioner shall enforce this section as if COVID-19 supplemental paid sick leave constitutes “paid sick days,” “paid sick leave,” or “sick leave” under subdivisions (i) and (n) of Section 246, subdivisions (b) and (c) of Section 246.5, Section 247, Section 247.5, and Section 248.5. (2) For purposes of the enforcement of subdivision (i) of Section 246 as it relates to this section: (A) COVID-19 supplemental paid sick leave shall be set forth separately from paid sick days. (B) The requirement in subdivision (i) of Section 246 is not enforceable until the next full pay period following the date that this section takes effect. (C) When covered employees have schedules described in clauses (ii) and (iii) of subparagraph (C) of paragraph (2) of subdivision (b), an employer may meet the requirement of subdivision (i) of Section 246 for such covered employees by doing an initial calculation of COVID-19 supplemental paid sick leave available and indicating “(variable)” next to that calculation. This, however, does not exempt an employer from providing a covered employee an updated calculation when such a covered employee requests to use COVID-19 supplemental paid sick leave or requests relevant records under Section 247.5. (3) Section 249 applies to COVID-19 supplemental paid sick leave. (4) By seven days after the date of enactment of this section, the Labor Commissioner shall make publicly available a model notice for purposes of Section 247. Only for purposes of COVID-19 supplemental paid sick leave, if an employer’s covered employees do not frequent a workplace, the employer may satisfy the notice requirement of subdivision (a) of Section 247 by disseminating notice through electronic means, such as by electronic mail. (e) (1) The requirement to provide COVID-19 supplemental paid sick leave as set forth in this section shall take effect 10 days after the date of enactment of this section, at which time the requirements shall apply retroactively to January 1, 2021. (2) The requirement to provide COVID-19 supplemental paid sick leave as set forth in this section applies retroactively to January 1, 2021, in order to protect the economic well-being of covered employees who took leave for the reasons listed in paragraph (1) of subdivision (b) beginning on or after January 1, 2021, when the requirements in Sections 248, 248.1, and the Emergency Paid Sick Leave Act established by the federal Families First Coronavirus Response Act (Public Law 116-127) expired, and before the effective date of this section. (A) For any such leave taken, if the employer did not compensate the covered employee in an amount equal to or greater than the amount of compensation for COVID-19 supplemental paid sick leave to which the covered employee is entitled as set forth under paragraph (3) of subdivision (b), then upon the oral or written request of the employee, the employer shall provide the covered employee with a retroactive payment that provides for such compensation. (B) For any such retroactive payment, the number of hours of leave corresponding to the amount of the retroactive payment shall count towards the total number of hours of COVID-19 supplemental paid sick leave that the employer is required to provide to the covered employee under paragraph (2) of subdivision (b). (C) This retroactive payment shall be paid on or before the payday for the next full pay period after the oral or written request of the covered employee. The retroactive payment shall be reflected on the written notice required by subparagraph (B) of paragraph (2) of subdivision (d) for the corresponding pay period. (D) The requirement to provide a retroactive payment under this subdivision is in addition to the requirements in subdivision (e) of Section 248 and subdivision (f) of Section 248.1 that a covered employee taking COVID-19 food sector supplemental paid sick leave or COVID-19 supplemental paid sick leave at the time of the expiration of those sections shall be permitted to take the full amount of such supplemental paid sick leave to which that covered employee otherwise would have been entitled under those sections. (f) The requirement to provide COVID-19 supplemental paid sick leave as set forth in this section shall remain in effect through September 30, 2021, except that a covered employee taking COVID-19 supplemental paid sick leave at the time of the expiration of this section shall be permitted to take the full amount of COVID-19 supplemental paid sick leave to which the covered employee otherwise would have been entitled under this section. (g) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (h) The provisions of this section shall not apply to providers of in-home supportive services under Section 14132.95, 14132.952, or 14132.956 of, or Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of, the Welfare and Institutions Code, or waiver personal care services pursuant to Section 14132.97 of the Welfare and Institutions Code. (Added by Stats. 2021, Ch. 13, Sec. 1. (SB 95) Effective March 19, 2021.)
  82. 248.3.

    ## 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 1.5. Paid Sick Days [245 - 249] ( Article 1.5 added by Stats. 2014, Ch. 317, Sec. 3. )

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    Providers of in-home supportive services are entitled to COVID-19 supplemental paid sick leave when they cannot work for listed COVID-19-related reasons.

    ## 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 1.5. Paid Sick Days [245 - 249] ( Article 1.5 added by Stats. 2014, Ch. 317, Sec. 3. ) ## 248.3. (a) As used in this section: (1) “COVID-19 supplemental paid sick leave” means supplemental paid sick leave provided pursuant to this section. (2) “Provider” or “providers” means a provider of in-home supportive services under Section 14132.95, 14132.952, or 14132.956 of, or Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of, the Welfare and Institutions Code, or waiver personal care services pursuant to Section 14132.97 of the Welfare and Institutions Code. (3) “Work” or “worked” means providing authorized in-home supportive services under Section 14132.95, 14132.952, or 14132.956 of, or Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of, the Welfare and Institutions Code, or waiver personal care services pursuant to Section 14132.97 of the Welfare and Institutions Code, to an eligible recipient. (b) A provider shall be entitled to COVID-19 supplemental paid sick leave as follows: (1) COVID-19 supplemental paid sick leave shall be available to a provider if that provider is unable to work due to any of the following reasons: (A) The provider is subject to a quarantine or isolation period related to COVID-19 as defined by an order or guidelines of the State Department of Public Health, the federal Centers for Disease Control and Prevention, or a local health officer who has jurisdiction over the workplace. If the provider is subject to more than one of the foregoing, the provider shall be permitted to use COVID-19 supplemental paid sick leave for the minimum quarantine or isolation period under the order or guidelines that provides for the longest minimum period. (B) The provider has been advised by a health care provider to self-quarantine due to concerns related to COVID-19. (C) The provider is attending an appointment to receive a vaccine for protection against contracting COVID-19. (D) The provider is experiencing symptoms related to a COVID-19 vaccine that prevents the provider from being able to work. (E) The provider is experiencing symptoms of COVID-19 and seeking a medical diagnosis. (F) The provider is caring for a family member, as defined in subdivision (c) of Section 245.5, who is subject to an order or guidelines described in subparagraph (A) or who has been advised to self-quarantine, as described in subparagraph (B). (G) The provider is caring for a child, as defined in subdivision (c) of Section 245.5, whose school or place of care is closed or otherwise unavailable for reasons related to COVID-19 on the premises. (2) A provider shall be entitled to the following number of hours of COVID-19 supplemental paid sick leave: (A) A provider is entitled to 80 hours of COVID-19 supplemental paid sick leave if the provider worked or was scheduled to work, on average, at least 40 hours per week in the two weeks preceding the date the provider took COVID-19 supplemental paid sick leave. (B) A provider who does not satisfy the criteria in subparagraph (A) is entitled to an amount of COVID-19 supplemental paid sick leave as follows, up to a maximum of 80 hours of COVID-19 supplemental paid sick leave: (i) If the provider has a regular weekly schedule, the total number of hours the provider is normally scheduled to work over two weeks. (ii) If the provider works a variable number of hours, 14 times the average number of hours the provider worked each day for the employer in the six months preceding the date the provider took COVID-19 supplemental paid sick leave. If the provider has worked over a period of fewer than six months but more than 14 days, this calculation shall instead be made over the entire period the provider has worked. (iii) If the provider works a variable number of hours and has worked over a period of 14 days or fewer, the total number of hours the provider has worked. (C) The total number of hours of COVID-19 supplemental paid sick leave to which a provider is entitled pursuant to subparagraph (A) or (B) shall be determined on the first day that the provider uses COVID-19 supplemental paid sick leave under this section and shall be in addition to any paid sick leave that may be available to the provider under Section 246. (D) A provider may determine how many hours of COVID-19 supplemental paid sick leave to use, up to the total number of hours to which the provider is entitled pursuant to subparagraph (A) or (B). The COVID-19 supplemental paid sick leave is available for immediate use by the provider, and the provider shall inform the recipient of the need to take sick leave and submit a sick leave claim to the county consistent with established procedures in that county. (E) A provider is not entitled to more than the total number of hours of COVID-19 supplemental paid sick leave to which the provider is entitled pursuant to subparagraph (A) or (B). (3) Each hour of COVID-19 supplemental paid sick leave shall be compensated at the regular rate of pay to which the provider would be entitled if the provider had been scheduled to work those hours pursuant to existing law or an applicable collective bargaining agreement. (4) A provider shall not be required to use any other paid or unpaid leave before the provider uses COVID-19 supplemental paid sick leave or in lieu of COVID-19 supplemental paid sick leave. (c) Notwithstanding subdivision (b), if a provider takes paid leave on or after April 1, 2021, that is payable for the reasons listed in paragraph (1) of subdivision (b) that compensates the provider in an amount equal to or greater than the amount of compensation for COVID-19 supplemental paid sick leave to which the provider is entitled as set forth under paragraph (3) of subdivision (b), the hours of the other paid benefit or leave may be counted towards the total number of hours of COVID-19 supplemental paid sick leave to which the provider is entitled under paragraph (2) of subdivision (b). For purposes of the foregoing, the other supplemental benefit for leave taken that may be counted does not include paid sick leave to which the provider may be entitled to under Section 246, but may include paid leave provided by any federal or local law that becomes effective on or after April 1, 2021, if the paid leave is provided to the provider under that law for any of the same reasons set forth in paragraph (1) of subdivision (b). (d) (1) The entitlement to COVID-19 supplemental paid sick leave as set forth in this section shall take effect 10 days after the date of enactment of this section, at which time the entitlements shall apply retroactively to January 1, 2021. (2) The entitlement to COVID-19 supplemental paid sick leave as set forth in this section applies retroactively to January 1, 2021. (A) For any such leave taken, if the provider was not compensated in an amount equal to or greater than the amount of compensation for COVID-19 supplemental paid sick leave to which the provider is entitled as set forth under paragraph (3) of subdivision (b), then the provider shall be entitled to a retroactive payment that provides for such compensation. (B) For any such retroactive payment, the number of hours of leave corresponding to the amount of the retroactive payment shall count towards the total number of hours of COVID-19 supplemental paid sick leave that the provider is entitled to under paragraph (2) of subdivision (b). (C) The COVID-19 supplemental paid sick leave provided under this section is in addition to any unused sick leave benefits put in place by the federal Family First Coronavirus Response Act (Public Law 116-127), which a provider may still use until March 31, 2021. (e) The entitlement to COVID-19 supplemental paid sick leave as set forth in this section shall remain in effect through September 30, 2021, except that a provider taking COVID-19 supplemental paid sick leave at the time of the expiration of this section shall be permitted to take the full amount of COVID-19 supplemental paid sick leave to which the provider otherwise would have been entitled under this section. (f) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (g) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the State Department of Social Services and the State Department of Health Care Services may implement, interpret, or make specific this section by means of all-county letters or similar instructions, without taking any regulatory action. (Added by Stats. 2021, Ch. 13, Sec. 2. (SB 95) Effective March 19, 2021.)
  83. 248.5.

    ## 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 1.5. Paid Sick Days [245 - 249] ( Article 1.5 added by Stats. 2014, Ch. 317, Sec. 3. )

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    The Labor Commissioner enforces this article and can investigate, issue citations, order relief, and bring civil actions. Employees or other people may report suspected violations, and their identity must be kept confidential to the extent allowed by law.

    ## 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 1.5. Paid Sick Days [245 - 249] ( Article 1.5 added by Stats. 2014, Ch. 317, Sec. 3. ) ## 248.5. (a) The Labor Commissioner shall enforce this article, including investigating an alleged violation, and ordering appropriate temporary relief to mitigate the violation or to maintain the status quo pending the completion of a full investigation or hearing through the procedures set forth in Sections 98, 98.3, 98.7, 98.74, or 1197.1, including by issuance of a citation against an employer who violates this article, and by filing a civil action. If a citation is issued, the procedures for issuing, contesting, and enforcing judgments for citations and civil penalties issued by the Labor Commissioner shall be the same as those set out in Section 98.74 or 1197.1, as appropriate. (b) (1) If the Labor Commissioner, in any administrative proceeding under subdivision (a), determines that a violation of this article has occurred, they may order any appropriate relief, including reinstatement, backpay, the payment of sick days unlawfully withheld, and the payment of an additional sum in the form of an administrative penalty to an employee or other person whose rights under this article were violated. (2) If paid sick days were unlawfully withheld, the dollar amount of paid sick days withheld from the employee multiplied by three, or two hundred fifty dollars ($250), whichever amount is greater, but not to exceed an aggregate penalty of four thousand dollars ($4,000), shall be included in the administrative penalty. (3) If a violation of this article results in other harm to the employee or person, such as discharge from employment, or otherwise results in a violation of the rights of the employee or person, the administrative penalty shall include a sum of fifty dollars ($50) for each day or portion thereof that the violation occurred or continued, not to exceed an aggregate penalty of four thousand dollars ($4,000). (c) Where prompt compliance by an employer is not forthcoming, the Labor Commissioner may take any appropriate enforcement action to secure compliance, including the filing of a civil action. In compensation to the state for the costs of investigating and remedying the violation, the commissioner may order the violating employer to pay to the state a sum of not more than fifty dollars ($50) for each day or portion of a day a violation occurs or continues for each employee or other person whose rights under this article were violated. (d) An employee or other person may report to the Labor Commissioner a suspected violation of this article. The commissioner shall encourage reporting pursuant to this subdivision by keeping confidential, to the maximum extent permitted by applicable law, the name and other identifying information of the employee or person reporting the violation. However, the commissioner may disclose that person’s name and identifying information as necessary to enforce this article or for other appropriate purposes, upon the authorization of that person. (e) The Labor Commissioner or the Attorney General may bring a civil action in a court of competent jurisdiction against the employer or other person violating this article and, upon prevailing, shall be entitled to collect legal or equitable relief on behalf of the aggrieved as may be appropriate to remedy the violation, including reinstatement, backpay, the payment of sick days unlawfully withheld, the payment of an additional sum, not to exceed an aggregate penalty of four thousand dollars ($4,000), as liquidated damages in the amount of fifty dollars ($50) to each employee or person whose rights under this article were violated for each day or portion thereof that the violation occurred or continued, plus, if the employer has unlawfully withheld paid sick days to an employee, the dollar amount of paid sick days withheld from the employee multiplied by three; or two hundred fifty dollars ($250), whichever amount is greater; and reinstatement in employment or injunctive relief; and further shall be awarded reasonable attorney’s fees and costs, provided, however, that any person or entity enforcing this article on behalf of the public as provided for under applicable state law shall, upon prevailing, be entitled only to equitable, injunctive, or restitutionary relief, and reasonable attorney’s fees and costs. (f) In an administrative or civil action brought under this article, the Labor Commissioner or court, as the case may be, shall award interest on all amounts due and unpaid at the rate of interest specified in subdivision (b) of Section 3289 of the Civil Code. (g) The remedies, penalties, and procedures provided under this article are cumulative. (h) An employer shall not be assessed any penalty or liquidated damages under this article due to an isolated and unintentional payroll error or written notice error that is a clerical or an inadvertent mistake regarding the accrual or available use of paid sick leave. In reviewing for compliance with this section, the factfinder may consider as a relevant factor whether the employer, prior to an alleged violation, has adopted and is in compliance with a set of policies, procedures, and practices that fully comply with this section. (Amended by Stats. 2020, Ch. 45, Sec. 5. (AB 1867) Effective September 9, 2020.)
  84. 248.6.

    ## 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 1.5. Paid Sick Days [245 - 249] ( Article 1.5 added by Stats. 2014, Ch. 317, Sec. 3. )

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    Employers with more than 25 employees must provide COVID-19 supplemental paid sick leave to covered employees who miss work or telework for listed COVID-19-related reasons.

    ## 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 1.5. Paid Sick Days [245 - 249] ( Article 1.5 added by Stats. 2014, Ch. 317, Sec. 3. ) ## 248.6. (a) As used in this section: (1) “Covered employee” means an employee who is unable to work or telework for an employer because of a reason listed under paragraph (1) of subdivision (b). (2) “COVID-19 supplemental paid sick leave” means supplemental paid sick leave provided pursuant to this section. (3) “Employer” means an employer, as defined in subdivision (b) of Section 245.5, that employs more than 25 employees. (4) “Family member” has the same meaning as in subdivision (c) of Section 245.5. (5) “Firefighter” means an active firefighting member of any of the following: (A) A fire department of a city, county, city and county, district, or other public or municipal corporation or political subdivision. (B) A fire department of the University of California and the California State University. (C) The Department of Forestry and Fire Protection. (D) A county forestry or firefighting department or unit. (E) A fire department that serves a United States Department of Defense installation and whose firefighters are certified by the United States Department of Defense as meeting its standards for firefighters. (F) A fire department that serves a National Aeronautics and Space Administration installation and that adheres to training standards established in accordance with Article 4 (commencing with Section 13155) of Chapter 1 of Part 2 of Division 12 of the Health and Safety Code. (G) A fire department that provides fire protection to a commercial airport regulated by the Federal Aviation Administration (FAA) under Part 139 (commencing with Section 139.1) of Subchapter G of Chapter 1 of Title 14 of the Federal Code of Regulations whose firefighters are trained and certified by the State Fire Marshal as meeting the standards of Fire Control 5 and Section 139.319 of Title 14 of the Federal Code of Regulations. (H) Fire and rescue services coordinators who work for the Office of Emergency Services. For purposes of this clause, “fire and rescue services coordinators” means coordinators with any of the following job classifications: coordinator, senior coordinator, or chief coordinator. (b) A covered employee shall be entitled to COVID-19 supplemental paid sick leave as follows: (1) An employer shall provide COVID-19 supplemental paid sick leave to each covered employee if that covered employee is unable to work or telework due to any of the following reasons: (A) The covered employee is subject to a quarantine or isolation period related to COVID-19 as defined by an order or guidance of the State Department of Public Health, the federal Centers for Disease Control and Prevention, or a local public health officer who has jurisdiction over the workplace. If the covered employee is subject to more than one of the foregoing, the covered employee shall be permitted to use COVID-19 supplemental paid sick leave for the minimum quarantine or isolation period under the order or guidance that provides for the longest such minimum period. (B) The covered employee has been advised by a health care provider to isolate or quarantine due to COVID-19. (C) The covered employee is attending an appointment for themselves or a family member to receive a vaccine or a vaccine booster for protection against COVID-19, subject to the limitation in clause (ii) of subparagraph (D). (D) (i) The covered employee is experiencing symptoms, or caring for a family member experiencing symptoms, related to a COVID-19 vaccine or vaccine booster that prevent the employee from being able to work or telework. (ii) For each vaccination or vaccine booster, an employer may limit the total COVID-19 supplemental paid sick leave to 3 days or 24 hours unless the employee provides verification from a health care provider that the covered employee or their family member is continuing to experience symptoms related to a COVID-19 vaccine or vaccine booster. The 3-day or 24-hour limitation applied to each vaccine or vaccine booster includes the time used under subparagraph (C) to get the vaccine or vaccine booster. (E) The covered employee is experiencing symptoms of COVID-19 and seeking a medical diagnosis. (F) The covered employee is caring for a family member who is subject to an order or guidance described in subparagraph (A) or who has been advised to isolate or quarantine, as described in subparagraph (B). (G) The covered employee is caring for a child, as defined in subdivision (c) of Section 245.5, whose school or place of care is closed or otherwise unavailable for reasons related to COVID-19 on the premises. (2) A covered employee shall be entitled to the following number of hours of COVID-19 supplemental paid sick leave: (A) A covered employee is entitled to 40 hours of COVID-19 supplemental paid sick leave, if the covered employee satisfies either of the following criteria: (i) The employer considers the covered employee to work full time. (ii) The covered employee worked or was scheduled to work, on average, at least 40 hours per week for the employer in the two weeks preceding the date the covered employee took COVID-19 supplemental paid sick leave. (B) Notwithstanding subparagraph (A), a covered employee who is a firefighter who was scheduled to work more than 40 hours for the employer in the one workweek preceding the date the covered employee took COVID-19 supplemental paid sick leave is entitled to an amount of COVID-19 supplemental paid sick leave equal to the total number of hours that the covered employee was scheduled to work for the employer in that workweek. (C) A covered employee who does not satisfy the criteria in subparagraph (A) or subparagraph (B) is entitled to an amount of COVID-19 supplemental paid sick leave as follows: (i) If the covered employee has a normal weekly schedule, the total number of hours the covered employee is normally scheduled to work for the employer over one week. (ii) If the covered employee works a variable number of hours, seven times the average number of hours the covered employee worked each day for the employer in the six months preceding the date the covered employee took COVID-19 supplemental paid sick leave. If the covered employee has worked for the employer over a period of fewer than six months but more than seven days, this calculation shall instead be made over the entire period the covered employee has worked for the employer. (iii) If the covered employee works a variable number of hours and has worked for the employer over a period of seven days or fewer, the total number of hours the covered employee has worked for that employer. (D) (i) A covered employee is entitled to additional COVID-19 supplemental paid sick leave in an amount not to exceed that which the covered employee was entitled to under subparagraph (A), (B), or (C), as applicable, if the covered employee, or a family member for whom the covered employee is providing care, tests positive for COVID-19. (ii) If the employee tested positive as described in clause (i), an employer may require the employee to submit to a diagnostic test on or after the fifth day after the test described in clause (i) was taken and provide documentation of those results. If the diagnostic test is positive, the employer may also require the employee to submit to a second diagnostic test within no less than 24 hours. The employer shall make such tests available at no cost to the employee. (iii) If the employee requests to use additional leave pursuant to this subparagraph because a family member for whom they are providing care tests positive for COVID-19, the employer may require that the employee provide documentation of that family member’s test results before paying the additional leave. (iv) The employer has no obligation to provide additional COVID-19 supplemental paid sick leave under this subparagraph for an employee who refuses to provide documentation of the results of the test described in clause (i) upon the request of the employer or who refuses to submit to the tests described in clause (ii). (v) The employee does not need to exhaust the leave to which they are entitled under subparagraph (A), (B), or (C), before using the additional leave provided for in this subparagraph. (vi) This section shall not limit an employer’s duties to comply with the Cal-OSHA COVID-19 Emergency Temporary Standards, including, but not limited to, Sections 3205 to 3205.4, inclusive, of Title 8 of the California Code of Regulations or the Cal-OSHA Aerosol Transmissible Diseases Standard at Section 5199 of Title 8 of the California Code of Regulations. (E) The total maximum amount of COVID-19 supplemental paid sick leave a covered employee is entitled to pursuant to this section shall not exceed 80 hours for the period between January 1, 2022, and December 31, 2022. This subparagraph does not apply to employees subject to subparagraph (B) of paragraph (2) of this subdivision. (F) The total number of hours of COVID-19 supplemental paid sick leave to which a covered employee is entitled pursuant to subparagraph (A), (B), or (C), and the total number of hours of additional COVID-19 supplemental paid sick leave to which a covered employee is entitled pursuant to subparagraph (D), shall be in addition to any paid sick leave that may be available to the covered employee under Section 246. (G) A covered employee may determine how many hours of COVID-19 supplemental paid sick leave to use, up to the total number of hours to which the covered employee is entitled pursuant to subparagraph (A), (B), (C), or (D). The employer shall make COVID-19 supplemental paid sick leave available for immediate use by the covered employee, upon the oral or written request of the covered employee to the employer. (H) An employer is not required to provide a covered employee more than the total number of hours of COVID-19 supplemental paid sick leave to which the covered employee is entitled pursuant to subparagraph (A), (B), or (C), or more than the total number of hours of additional COVID-19 supplemental paid sick leave to which the covered employee is entitled pursuant to subparagraph (D). (3) (A) Each hour of COVID-19 supplemental paid sick leave shall be compensated at a rate equal to the following: (i) For nonexempt covered employees, by one of the following: (I) Calculated in the same manner as the regular rate of pay for the workweek in which the employee uses paid sick time, whether or not the employee actually works overtime in that workweek. (II) Calculated by dividing the employee’s total wages, not including overtime premium pay, by the employee’s total nonovertime hours worked in the full pay periods occurring within the prior 90 days of employment; provided that, for nonexempt employees paid by piece rate, commission or other method that uses all hours to determine the regular rate of pay, total wages, not including overtime premium pay, shall be divided by all hours, to determine the correct amount of COVID-19 supplemental paid sick leave under this subdivision. (ii) COVID-19 supplemental paid sick leave for exempt employees shall be calculated in the same manner as the employer calculates wages for other forms of paid leave time. (B) Notwithstanding subparagraph (A), a covered employee who is entitled to an amount of COVID-19 supplemental paid sick leave under subparagraph (B) of paragraph (2), shall be compensated for each hour of COVID-19 supplemental paid sick leave at the regular rate of pay to which the covered employee would be entitled as if the covered employee had been scheduled to work those hours, pursuant to existing law or an applicable collective bargaining agreement. (C) Notwithstanding subparagraph (A) or (B), an employer shall not be required to pay more than five hundred eleven dollars ($511) per day and five thousand one hundred ten dollars ($5,110) in the aggregate to a covered employee for COVID-19 supplemental paid sick leave taken by the covered employee unless federal legislation is enacted that increases these amounts beyond the amounts that were included in the Emergency Paid Sick Leave Act established by the federal Families First Coronavirus Response Act (Public Law 116-127), in which case the new federal dollar amounts shall apply to this section as of the date the new amounts are applicable under the federal law. Nothing in this subparagraph shall prevent a covered employee who has reached the maximum amounts, as set forth herein, from choosing to utilize other paid leave that is available to the covered employee in order to fully compensate the covered employee for leave taken. (4) An employer shall not require a covered employee to use any other paid or unpaid leave, paid time off, or vacation time provided by the employer to the covered employee before the covered employee uses COVID-19 supplemental paid sick leave or in lieu of COVID-19 supplemental paid sick leave. (5) An employer shall not require a covered employee to first exhaust their COVID-19 supplemental paid sick leave under this section before satisfying any requirement to provide paid leave for reasons related to COVID-19 under any Cal-OSHA COVID-19 Emergency Temporary Standards, including, but not limited to, Sections 3205 to 3205.4, inclusive, of Title 8 of the California Code of Regulations or the Cal-OSHA Aerosol Transmissible Diseases Standard at Section 5199 of Title 8 of the California Code of Regulations. (c) Notwithstanding subdivision (b), if an employer pays a covered employee another supplemental benefit for leave taken on or after January 1, 2022, that is payable for the reasons listed in paragraph (1) of subdivision (b) and that compensates the covered employee in an amount equal to or greater than the amount of compensation for COVID-19 supplemental paid sick leave to which the covered employee is entitled as set forth under paragraph (3) of subdivision (b), then the employer may count the hours of the other paid benefit or leave towards the total number of hours of COVID-19 supplemental paid sick leave that the employer is required to provide to the covered employee under paragraph (2) of subdivision (b). For purposes of the foregoing, the other supplemental benefit for leave taken that may be counted does not include paid sick leave to which the covered employee is entitled under Section 246, subdivision (e) of Section 248, subdivision (f) of Section 248.1, or subdivision (f) of Section 248.2 but may include paid leave provided by the employer pursuant to any federal or local law in effect or that became effective on or after January 1, 2022, if the paid leave is provided to the covered employee under that law for any of the same reasons set forth in paragraph (1) of subdivision (b). (d) In addition to other remedies as may be provided by the laws of this state or its subdivisions, including, but not limited to, the remedies available to redress any unlawful business practice under Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code, the Labor Commissioner shall enforce this section. For purposes of enforcement and to implement COVID-19 supplemental paid sick leave, this section shall apply as follows: (1) The Labor Commissioner shall enforce this section as if COVID-19 supplemental paid sick leave constitutes “paid sick days,” “paid sick leave,” or “sick leave” under subdivisions (i) and (n) of Section 246, subdivisions (b) and (c) of Section 246.5, Section 247, Section 247.5, and Section 248.5. (2) For purposes of the enforcement of subdivision (i) of Section 246 as it relates to this section, COVID-19 supplemental paid sick leave shall be set forth separately from paid sick days. The employer shall provide an employee with written notice that sets forth the amount of COVID-19 supplemental paid sick leave that the employee has used through the pay period in which it was due to be paid on either the employee’s itemized wage statement described in Section 226 or in a separate writing provided on the designated pay date with the employee’s payment of wages. The employer shall list zero hours used if a worker has not used any COVID-19 supplemental paid sick leave. This requirement is not enforceable until the next full pay period following the date that this section takes effect. (3) Section 249 applies to COVID-19 supplemental paid sick leave. (4) By seven days after the date of enactment of this section, the Labor Commissioner shall make publicly available a model notice for purposes of Section 247. Only for purposes of COVID-19 supplemental paid sick leave, if an employer’s covered employees do not frequent a workplace, the employer may satisfy the notice requirement of subdivision (a) of Section 247 by disseminating notice through electronic means, such as by electronic mail. (e) (1) The requirement to provide COVID-19 supplemental paid sick leave as set forth in this section shall take effect 10 days after the date of enactment of this section, at which time the requirements shall apply retroactively to January 1, 2022. (2) The requirement to provide COVID-19 supplemental paid sick leave as set forth in this section applies retroactively to January 1, 2022, in order to protect the economic well-being of covered employees who took leave for the reasons listed in paragraph (1) or (2) of subdivision (b) beginning on or after January 1, 2022, as all the requirements in Sections 248, 248.1, 248.2, and 248.3, and the Emergency Paid Sick Leave Act established by the federal Families First Coronavirus Response Act (Public Law 116-127) expired before the effective date of this section. An employer may require a covered employee to provide documentation of a positive COVID-19 diagnostic test during the relevant period if an employee requests retroactive payment of the COVID-19 supplemental paid sick leave described in clause (i) of subparagraph (D) of paragraph (2) of subdivision (b). (A) (i) For any such leave taken, if the employer did not compensate the covered employee in an amount equal to or greater than the amount of compensation for COVID-19 supplemental paid sick leave to which the covered employee is entitled as set forth under paragraph (3) of subdivision (b), then upon the oral or written request of the employee, the employer shall provide the covered employee with a retroactive payment that provides for such compensation. (ii) For any such leave taken, if the employer did compensate the covered employee in an amount equal to or greater than the amount of compensation for COVID-19 supplemental paid sick leave to which the covered employee is entitled as set forth under paragraph (3) of subdivision (b), then upon the oral or written request of the employee, such employee should be credited for any leave hours used for COVID-specific leave purposes, and the employer should be credited for providing those hours as COVID-19 supplemental paid sick leave. (B) For any such retroactive payment, the number of hours of leave corresponding to the amount of the retroactive payment shall count towards the total number of hours of COVID-19 supplemental paid sick leave that the employer is required to provide to the covered employee under paragraph (2) of subdivision (b). (C) This retroactive payment shall be paid on or before the payday for the next full pay period after the oral or written request of the covered employee. The retroactive payment shall be reflected on the written notice required by paragraph (2) of subdivision (d) for the corresponding pay period. (D) The requirement to provide a retroactive payment under this subdivision is in addition to the requirement in subdivision (f) of Section 248.2 that a covered employee taking COVID-19 supplemental paid sick leave at the time of the expiration of those sections shall be permitted to take the full amount of such supplemental paid sick leave to which that covered employee otherwise would have been entitled under those sections. (f) The requirement to provide COVID-19 supplemental paid sick leave as set forth in this section shall remain in effect through December 31, 2022, except that a covered employee taking COVID-19 supplemental paid sick leave at the time of the expiration of this section shall be permitted to take the full amount of COVID-19 supplemental paid sick leave to which the covered employee otherwise would have been entitled under this section. (g) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (h) The provisions of this section shall not apply to providers of in-home supportive services under Section 14132.95, 14132.952, or 14132.956 of, or Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of, the Welfare and Institutions Code, or waiver personal care services pursuant to Section 14132.97 of the Welfare and Institutions Code. (Amended by Stats. 2022, Ch. 736, Sec. 2. (AB 152) Effective September 29, 2022.)
  85. 248.7.

    ## 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 1.5. Paid Sick Days [245 - 249] ( Article 1.5 added by Stats. 2014, Ch. 317, Sec. 3. )

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    Providers are entitled to COVID-19 supplemental paid sick leave if they cannot work for listed COVID-19-related reasons, subject to hour limits and pay rules.

    ## 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 1.5. Paid Sick Days [245 - 249] ( Article 1.5 added by Stats. 2014, Ch. 317, Sec. 3. ) ## 248.7. (a) As used in this section: (1) “COVID-19 supplemental paid sick leave” means supplemental paid sick leave provided pursuant to this section. (2) “Family member” has the same meaning as in subdivision (c) of Section 245.5. (3) “Provider” or “providers” means a provider of in-home supportive services under Section 14132.95, 14132.952, or 14132.956 of, or Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of, the Welfare and Institutions Code, or waiver personal care services pursuant to Section 14132.97 of the Welfare and Institutions Code. (4) “Work” or “worked” means providing authorized in-home supportive services under Section 14132.95, 14132.952, or 14132.956 of, or Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of, the Welfare and Institutions Code, or waiver personal care services pursuant to Section 14132.97 of the Welfare and Institutions Code, to an eligible recipient. (b) A provider shall be entitled to COVID-19 supplemental paid sick leave as follows: (1) COVID-19 supplemental paid sick leave shall be available to a provider if that provider is unable to work due to any of the following reasons: (A) The provider is subject to a quarantine or isolation period related to COVID-19 as defined by an order or guidance of the State Department of Public Health, the federal Centers for Disease Control and Prevention, or a local public health officer who has jurisdiction over the workplace. If the provider is subject to more than one of the foregoing, the provider shall be permitted to use COVID-19 supplemental paid sick leave for the minimum quarantine or isolation period under the order or guidance that provides for the longest minimum period. (B) The provider has been advised by a health care provider to isolate or quarantine due to COVID-19. (C) The provider is attending an appointment for themselves or a family member to receive a vaccine or vaccine booster for protection against COVID-19, subject to the limitation in clause (ii) of subparagraph (D). (D) (i) The provider is experiencing symptoms, or caring for a family member experiencing symptoms, related to a COVID-19 vaccine or vaccine booster that prevents the provider from being able to work. (ii) For each vaccination or vaccine booster, the provider is limited in total COVID-19 supplemental paid sick leave to 3 days or 24 hours unless the provider provides verification from a health care provider that the provider or their family member is continuing to experience symptoms related to a COVID-19 vaccine or vaccine booster. The three days or 24 hour limitation applied to each vaccine or vaccine booster includes the time used under subparagraph (C) to get the vaccine or vaccine booster. (E) The provider is experiencing symptoms of COVID-19 and seeking a medical diagnosis. (F) The provider is caring for a family member who is subject to an order or guidance described in subparagraph (A) or who has been advised to isolate or quarantine, as described in subparagraph (B). (G) The provider is caring for a child, as defined in subdivision (c) of Section 245.5, whose school or place of care is closed or otherwise unavailable for reasons related to COVID-19 on the premises. (2) A provider shall be entitled to the following number of hours of COVID-19 supplemental paid sick leave: (A) A provider is entitled to 40 hours of COVID-19 supplemental paid sick leave if the provider worked or was scheduled to work, on average, at least 40 hours per week in the two weeks preceding the date the provider took COVID-19 supplemental paid sick leave. (B) A provider who does not satisfy the criteria in subparagraph (A) is entitled to an amount of COVID-19 supplemental paid sick leave as follows, up to a maximum of 40 hours of COVID-19 supplemental paid sick leave: (i) If the provider has a regular weekly schedule, the total number of hours the provider is normally scheduled to work over one week. (ii) If the provider works a variable number of hours, seven times the average number of hours the provider worked each day for the employer in the six months preceding the date the provider took COVID-19 supplemental paid sick leave. If the provider has worked over a period of fewer than six months but more than seven days, this calculation shall instead be made over the entire period the provider has worked. (iii) If the provider works a variable number of hours and has worked over a period of seven days or fewer, the total number of hours the provider has worked. (C) The total number of hours of COVID-19 supplemental paid sick leave to which a provider is entitled pursuant to subparagraph (A) or (B) shall be determined on the first day that the provider uses COVID-19 supplemental paid sick leave under this section. (D) A provider is entitled to additional COVID-19 supplemental paid sick leave in an amount not to exceed that which the provider was entitled to under subparagraph (A) or (B), if the provider, or a family member for whom the provider is providing care, tests positive for COVID-19 via a diagnostic test. (E) A provider may determine how many hours of COVID-19 supplemental paid sick leave to use, up to the total number of hours to which the provider is entitled pursuant to subparagraph (A), (B), or (D). The COVID-19 supplemental paid sick leave is available for immediate use by the provider, and the provider shall inform the recipient of the need to take sick leave and submit a sick leave claim to the county consistent with established procedures in that county. The COVID-19 supplemental paid sick leave shall be in addition to any paid sick leave that may be available to the provider under Section 246. (F) The total maximum amount of COVID-19 supplemental paid sick leave a provider is entitled to pursuant to this section shall not exceed 80 hours for the period between January 1, 2022, and December 31, 2022. (3) Each hour of COVID-19 supplemental paid sick leave shall be compensated at the regular rate of pay to which the provider would be entitled if the provider had been scheduled to work those hours pursuant to existing law or an applicable collective bargaining agreement. (4) A provider shall not be required to use any other paid or unpaid leave before the provider uses COVID-19 supplemental paid sick leave or in lieu of COVID-19 supplemental paid sick leave. (c) Notwithstanding subdivision (b), if a provider takes paid leave on or after January 1, 2022, that is payable for the reasons listed in paragraph (1) of subdivision (b) that compensates the provider in an amount equal to or greater than the amount of compensation for COVID-19 supplemental paid sick leave to which the provider is entitled as set forth under paragraph (3) of subdivision (b), the hours of the other paid benefit or leave may be counted towards the total number of hours of COVID-19 supplemental paid sick leave to which the provider is entitled under paragraph (2) of subdivision (b). For purposes of the foregoing, the other supplemental benefit for leave taken that may be counted does not include paid sick leave to which the provider may be entitled to under Section 246, but may include paid leave provided by any federal or local law that becomes effective on or after January 1, 2022, if the paid leave is provided to the provider under that law for any of the same reasons set forth in paragraph (1) of subdivision (b). (d) (1) The entitlement to COVID-19 supplemental paid sick leave as set forth in this section shall take effect 10 days after the date of enactment of this section, at which time the entitlements shall apply retroactively to January 1, 2022. (2) The entitlement to COVID-19 supplemental paid sick leave as set forth in this section applies retroactively to January 1, 2022. (A) For any such leave taken, if the provider was not compensated in an amount equal to or greater than the amount of compensation for COVID-19 supplemental paid sick leave to which the provider is entitled as set forth under paragraph (3) of subdivision (b), then the provider shall be entitled to a retroactive payment that provides for such compensation. (B) For any such retroactive payment, the number of hours of leave corresponding to the amount of the retroactive payment shall count towards the total number of hours of COVID-19 supplemental paid sick leave that the provider is entitled to under paragraph (2) of subdivision (b). (e) The entitlement to COVID-19 supplemental paid sick leave as set forth in this section shall remain in effect through December 31, 2022, except that a provider taking COVID-19 supplemental paid sick leave at the time of the expiration of this section shall be permitted to take the full amount of COVID-19 supplemental paid sick leave to which the provider otherwise would have been entitled under this section. (f) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (g) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the State Department of Social Services and the State Department of Health Care Services may implement, interpret, or make specific this section by means of all-county letters or similar instructions, without taking any regulatory action. (Amended by Stats. 2022, Ch. 736, Sec. 3. (AB 152) Effective September 29, 2022.)
  86. 249.

    ## 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 1.5. Paid Sick Days [245 - 249] ( Article 1.5 added by Stats. 2014, Ch. 317, Sec. 3. )

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    The section lets employers maintain or adopt paid sick leave policies that are more generous than the article requires, and it says employers must still comply with more generous agreements.

    ## 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 1.5. Paid Sick Days [245 - 249] ( Article 1.5 added by Stats. 2014, Ch. 317, Sec. 3. ) ## 249. (a) This article does not limit or affect any laws guaranteeing the privacy of health information, or information related to domestic violence or sexual assault, regarding an employee or employee’s family member. That information shall be treated as confidential and shall not be disclosed to any person except to the affected employee, or as required by law. (b) This article shall not be construed to discourage or prohibit an employer from the adoption or retention of a paid sick days policy more generous than the one required herein. (c) This article does not lessen the obligation of an employer to comply with a contract, collective bargaining agreement, employment benefit plan, or other agreement providing more generous sick days to an employee than required herein. (d) This article establishes minimum requirements pertaining to paid sick days and does not preempt, limit, or otherwise affect the applicability of any other law, regulation, requirement, policy, or standard that provides for greater accrual or use by employees of sick days, whether paid or unpaid, or that extends other protections to an employee. (Added by Stats. 2014, Ch. 317, Sec. 3. (AB 1522) Effective January 1, 2015.)
  87. 25.

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

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    For this code section, “sheriff” includes “marshal.”

    ## Labor Code - LAB ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 90. ) ## 25. “Sheriff” includes “marshal.” (Amended by Stats. 1996, Ch. 872, Sec. 102. Effective January 1, 1997.)
  88. 250.

    ## 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 2. Seasonal Labor [250 - 257] ( Heading of Article 2 amended by Stats. 1945, Ch. 628. )

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    This section defines “seasonal labor” as work done by a person hired in this state to work outside the state for more than one month, with wages paid in this state at the end of the employment.

    ## 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 2. Seasonal Labor [250 - 257] ( Heading of Article 2 amended by Stats. 1945, Ch. 628. ) ## 250. As used in this article “seasonal labor” means all labor performed by any person hired in this State to perform services outside of this State for a period greater than one month, where the wages are to be paid in this State, not at fixed intervals, but at the termination of such employment. (Enacted by Stats. 1937, Ch. 90.)
  89. 2500.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 9.5. Grocery Workers [2500 - 2522] ( Part 9.5 added by Stats. 2015, Ch. 212, Sec. 1. )

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    This section states that grocery retail workers are important to community health and safety, and that retaining them during a change in ownership, control, or operation helps preserve standards.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 9.5. Grocery Workers [2500 - 2522] ( Part 9.5 added by Stats. 2015, Ch. 212, Sec. 1. ) ## 2500. (a) Supermarkets and other grocery retailers are the primary points of distribution for food and other daily necessities for the residents of California and are therefore essential to the vitality of every California community. (b) The state has a compelling interest in ensuring the welfare of the residents of its communities through the maintenance of health and safety standards in grocery establishments. (c) Experienced grocery retail workers with knowledge of proper sanitation procedures, health regulations and laws, and an experience-based understanding of the clientele and communities in which the retailer is located are essential in furthering this interest and the state’s investments in health and safety. (d) A transitional retention period for grocery retail workers upon change of ownership, control, or operation of grocery stores ensures stability throughout the state for these vital workers, which, in turn, results in preservation of health and safety standards. (Added by Stats. 2015, Ch. 212, Sec. 1. (AB 359) Effective January 1, 2016.)
  90. 2502.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 9.5. Grocery Workers [2500 - 2522] ( Part 9.5 added by Stats. 2015, Ch. 212, Sec. 1. )

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    This section defines key terms used in the grocery workers 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 9.5. Grocery Workers [2500 - 2522] ( Part 9.5 added by Stats. 2015, Ch. 212, Sec. 1. ) ## 2502. For purposes of this part, the following definitions shall apply: (a) “Change in control” means any sale, purchase, assignment, acquisition, transfer, contribution, or other disposition of all or substantially all of the assets, cash on hand, or a controlling interest, including by consolidation, merger, or reorganization, of or by the incumbent grocery employer or any person who controls the incumbent grocery employer or any grocery establishment under the operation or control of either the incumbent grocery employer or any person who controls the incumbent grocery employer. (b) “Eligible grocery worker” means any individual whose primary place of employment is at the grocery establishment subject to a change in control, and who has worked for the incumbent grocery employer for at least six months prior to the execution of the transfer document. “Eligible grocery worker” does not include a managerial, supervisory, or confidential employee. (c) “Employment commencement date” means the date on which an eligible grocery worker retained by the successor grocery employer pursuant to this part commences work for the successor grocery employer in exchange for benefits and compensation under the terms and conditions established by the successor grocery employer and as required by law. (d) “Grocery establishment” means a retail store in this state that is over 15,000 square feet in size and that sells primarily household foodstuffs for offsite consumption, including the sale of fresh produce, meats, poultry, fish, deli products, dairy products, canned foods, dry foods, beverages, baked foods, or prepared foods. Other household supplies or other products shall be secondary to the primary purpose of food sales. A distribution center owned and operated by a grocery establishment and used primarily to distribute goods to or from its owned stores shall be considered a grocery establishment, regardless of its square footage. A grocery establishment does not include a retail store that has ceased operations for 12 months or more. (e) “Incumbent grocery employer” means the person that owns, controls, or operates the grocery establishment at the time of the change in control. (f) “Job classification” means a system for categorizing certain duties into certain jobs. (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) “Successor grocery employer” means the person that owns, controls, or operates the grocery establishment after the change in control. A successor grocery employer may be the same entity as an incumbent employer when a change in control occurs but the covered employer remains the same. (i) “Transfer document” means the purchase agreement or other document effecting the change in control. (Amended by Stats. 2023, Ch. 452, Sec. 1. (AB 647) Effective January 1, 2024.)
  91. 2504.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 9.5. Grocery Workers [2500 - 2522] ( Part 9.5 added by Stats. 2015, Ch. 212, Sec. 1. )

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    This section requires an incumbent grocery employer to share eligible worker information with the successor employer, lets the successor get it from a union representative if needed, and requires the successor employer to keep a preferential hiring list, hire from it for a limited period, and keep offer records.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 9.5. Grocery Workers [2500 - 2522] ( Part 9.5 added by Stats. 2015, Ch. 212, Sec. 1. ) ## 2504. (a) (1) The incumbent grocery employer shall, within 15 days after the execution of the transfer document, provide to the successor grocery employer and any collective bargaining representative the name, address, date of hire, employment occupation classification, and, if known, the cellular telephone number and email address of each eligible grocery worker. (2) If the incumbent grocery employer does not provide the information specified in paragraph (1) within 15 days, the successor grocery employer may obtain the information from a collective bargaining representative. (b) The successor grocery employer shall maintain a preferential hiring list of eligible grocery workers identified by the incumbent grocery employer or collective bargaining representative pursuant to subdivision (a) and shall hire from that list for a period beginning upon the execution of the transfer document and continuing for 90 days after the grocery establishment is fully operational and open to the public under the successor grocery employer. (c) If the successor grocery employer extends an offer of employment to an eligible grocery worker pursuant to this part, the successor grocery employer shall retain written verification of that offer for at least three years after the date of the offer. The verification shall include the name, address, date of hire, and employment occupation classification of each eligible grocery worker. (Amended by Stats. 2023, Ch. 452, Sec. 2. (AB 647) Effective January 1, 2024.)
  92. 2506.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 9.5. Grocery Workers [2500 - 2522] ( Part 9.5 added by Stats. 2015, Ch. 212, Sec. 1. )

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    A successor grocery employer must keep eligible grocery workers for at least 90 days after their start date and cannot discharge them without cause during that transition period.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 9.5. Grocery Workers [2500 - 2522] ( Part 9.5 added by Stats. 2015, Ch. 212, Sec. 1. ) ## 2506. (a) A successor grocery employer shall retain each eligible grocery worker hired pursuant to this part for at least 90 days after the eligible grocery worker’s employment commencement date. During this 90-day transition employment period, eligible grocery workers shall be employed under the terms and conditions established by the successor grocery employer and pursuant to the terms of a relevant collective bargaining agreement, if any. (b) If, within the period established in subdivision (b) of Section 2504, the successor grocery employer determines that it requires fewer eligible grocery workers than were required by the incumbent grocery employer, the successor grocery employer shall retain eligible grocery workers by seniority within each job classification to the extent that comparable job classifications exist or pursuant to the terms of a relevant collective bargaining agreement, if any. Nonclassified eligible grocery workers shall be retained by seniority and according to experience or pursuant to the terms of a relevant collective bargaining agreement, if any. (c) During the 90-day transition employment period, the successor grocery employer shall not discharge without cause an eligible grocery worker retained pursuant to this part. (d) At the end of the 90-day transition employment period, the successor grocery employer shall make a written performance evaluation for each eligible grocery worker retained pursuant to this part. If the eligible grocery worker’s performance during the 90-day transition employment period is satisfactory, the successor grocery employer shall consider offering the eligible grocery worker continued employment under the terms and conditions established by the successor grocery employer and as required by law. The successor grocery employer shall retain a record of the written performance evaluation for at least three years. (Added by Stats. 2015, Ch. 212, Sec. 1. (AB 359) Effective January 1, 2016.)
  93. 2508.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 9.5. Grocery Workers [2500 - 2522] ( Part 9.5 added by Stats. 2015, Ch. 212, Sec. 1. )

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    The incumbent grocery employer must post public notice of a change in control at the affected grocery store within five business days after the transfer document is executed.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 9.5. Grocery Workers [2500 - 2522] ( Part 9.5 added by Stats. 2015, Ch. 212, Sec. 1. ) ## 2508. (a) The incumbent grocery employer shall post public notice of the change in control at the location of the affected grocery establishment within five business days following the execution of the transfer document. Notice shall remain posted during any closure of the grocery establishment and until the grocery establishment is fully operational and open to the public under the successor grocery employer. (b) Notice shall include, but not be limited to, the name of the incumbent grocery employer and its contact information, the name of the successor grocery employer and its contact information, and the effective date of the change in control. (c) Notice shall be posted in a conspicuous place at the grocery establishment in a manner to be readily viewed by eligible grocery workers and other employees, customers, and members of the public. (Added by Stats. 2015, Ch. 212, Sec. 1. (AB 359) Effective January 1, 2016.)
  94. 2509.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 9.5. Grocery Workers [2500 - 2522] ( Part 9.5 added by Stats. 2015, Ch. 212, Sec. 1. )

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    An employer must not take adverse action against an employee for trying to enforce rights under this part.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 9.5. Grocery Workers [2500 - 2522] ( Part 9.5 added by Stats. 2015, Ch. 212, Sec. 1. ) ## 2509. An employer shall not refuse to employ, terminate, reduce the compensation of, or otherwise take adverse action against any employee for seeking to enforce their rights under this part, including participating in proceedings, opposing any practice prescribed by this part, or otherwise asserting rights under this part. This section applies to an employee who mistakenly, but in good faith, alleges noncompliance with this part. (Added by Stats. 2023, Ch. 452, Sec. 3. (AB 647) Effective January 1, 2024.)
  95. 251.

    ## 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 2. Seasonal Labor [250 - 257] ( Heading of Article 2 amended by Stats. 1945, Ch. 628. )

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    This article does not apply to wages earned by seamen or other persons when payment is regulated by federal statute.

    ## 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 2. Seasonal Labor [250 - 257] ( Heading of Article 2 amended by Stats. 1945, Ch. 628. ) ## 251. This article shall not apply to wages earned by seamen or other persons, where payment is regulated by Federal statute. (Enacted by Stats. 1937, Ch. 90.)
  96. 2510.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 9.5. Grocery Workers [2500 - 2522] ( Part 9.5 added by Stats. 2015, Ch. 212, Sec. 1. )

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    This section lets aggrieved employees or employee representatives sue in California superior court, but only after giving written notice and waiting 33 days for the employer to cure. It also gives the Labor Commissioner enforcement powers and allows penalties, damages, fees, and interest.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 9.5. Grocery Workers [2500 - 2522] ( Part 9.5 added by Stats. 2015, Ch. 212, Sec. 1. ) ## 2510. (a) An aggrieved employee or an employee representative, such as a collective bargaining representative or nonprofit corporation, may bring an action in the superior court of the State of California for violations of this part and may be awarded the following: (1) Hiring and reinstatement rights pursuant to this part. For violations of the retention provision, the 90-day transition employment period shall not commence until the eligible grocery worker’s employment commencement date with the successor grocery employer. (2) Front pay or back pay for each day during which the violation continues. (3) The value of the benefits the employee would have received under any benefit plans. (4) Punitive damages pursuant to Section 3294 of the Civil Code. (5) The court may award reasonable attorney’s fees and costs to any employee or employee representative who prevails in an enforcement action. (b) Before an employee or an employee representative brings an action in the superior court of the State of California for a violation of this part, both of the following requirements shall be met: (1) The employee has provided written notice to the employer of the provisions of this part alleged to have been violated and the facts to support the alleged violation. (2) The employer has not cured the alleged violation within 33 days from receipt of the written notice. (c) The Labor Commissioner may enforce this section, including investigating an alleged violation and ordering appropriate temporary relief to mitigate the violation pending the completion of an investigation or hearing, through the procedures set forth in Section 98.3, 98.7, 98.74, or 1197.1, including by issuing a citation against an employer who violates this section or by filing a civil action. (d) The Labor Commissioner may recover the following remedies on behalf of an aggrieved employee: (1) Hiring and reinstatement rights pursuant to this chapter. For violations of the retention provision, the 90-day transition employment period shall not commence until the eligible grocery worker’s employment commencement date with the successor grocery employer. (2) Front pay or back pay for each day during which the violation continues. (3) The value of the benefits the employee would have received under any benefit plans. (e) An employer, agent of an employer, or other person who violates this part or causes a violation of this part may be subject to a civil penalty of one hundred dollars ($100) for each employee whose rights under these provisions are violated. An additional amount payable as liquidated damages in the amount of one hundred dollars ($100) per employee, for each day the rights of an employee under this part are violated and continuing until the violation is cured, not to exceed one thousand dollars ($1,000) per employee, which may be recovered by the Labor Commissioner, deposited into the Labor and Workforce Development Fund, and paid to the employee as compensatory damages. (f) Citation procedures for issuing, contesting, and enforcing judgments for citations and civil penalties issued by the Labor Commissioner shall be the same as those set out in Section 98.74 or 1197.1, as appropriate. (g) In an action brought by the Labor Commissioner for enforcement of this section, the court may issue preliminary and permanent injunctive relief to vindicate the rights of employees. In a civil action, the Labor Commissioner may also recover all remedies set forth in subdivision (d). (h) In an administrative or civil action brought under this section, the Labor Commissioner or court shall award interest on all amounts due and unpaid at the rate of interest specified in subdivision (b) of Section 3289 of the Civil Code. (i) The remedies, penalties, and procedures provided under this section are cumulative. (j) The Labor Commissioner may promulgate and enforce rules and regulations and issue determinations and interpretations consistent with and necessary for the implementation of this section. (Added by Stats. 2023, Ch. 452, Sec. 4. (AB 647) Effective January 1, 2024.)
  97. 2512.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 9.5. Grocery Workers [2500 - 2522] ( Part 9.5 added by Stats. 2015, Ch. 212, Sec. 1. )

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    Parties subject to this part may use a collective bargaining agreement to supersede this part’s requirements, but only if the agreement clearly and unambiguously states which requirements are being superseded.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 9.5. Grocery Workers [2500 - 2522] ( Part 9.5 added by Stats. 2015, Ch. 212, Sec. 1. ) ## 2512. Parties subject to this part may, by collective bargaining agreement, provide that the agreement supersedes the requirements of this part, in whole or in part, but only if the agreement explicitly sets forth in clear and unambiguous terms the requirements of this part that are superseded. (Amended by Stats. 2023, Ch. 452, Sec. 5. (AB 647) Effective January 1, 2024.)
  98. 2516.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 9.5. Grocery Workers [2500 - 2522] ( Part 9.5 added by Stats. 2015, Ch. 212, Sec. 1. )

    Verify source ↗

    This part does not apply to grocery establishments in designated food desert areas if the listed timing and stocking conditions are met.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 9.5. Grocery Workers [2500 - 2522] ( Part 9.5 added by Stats. 2015, Ch. 212, Sec. 1. ) ## 2516. This part shall not apply to grocery establishments that will be located in geographic areas designated by the United States Department of Agriculture as a food desert, based on the original food desert measure contained in the Food Access Research Atlas, provided that both of the following apply: (a) More than six years have elapsed since the most recent grocery establishment was located in the area designated as a food desert. (b) The grocery establishment stocks and during normal business hours sells fresh fruit and vegetables in amounts and of a quality that is comparable to what the establishment sells in its three geographically closest stores, which are located outside of the food desert. (Added by Stats. 2015, Ch. 212, Sec. 1. (AB 359) Effective January 1, 2016.)
  99. 2517.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 9.5. Grocery Workers [2500 - 2522] ( Part 9.5 added by Stats. 2015, Ch. 212, Sec. 1. )

    Verify source ↗

    This section does not apply to certain incumbent and successor grocery employers if their combined pre-change-in-control grocery worker count is under 300.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 9.5. Grocery Workers [2500 - 2522] ( Part 9.5 added by Stats. 2015, Ch. 212, Sec. 1. ) ## 2517. (a) This part shall not apply to an incumbent grocery employer and the successor grocery employer executing the transfer document with that incumbent grocery employer, if the sum of both of the following is less than 300: (1) The number of grocery workers employed, immediately prior to the change in control, by the incumbent grocery employer across that employer’s grocery establishments nationwide. (2) The number of grocery workers employed, immediately prior to the change in control, by the successor grocery employer across that employer’s grocery establishments nationwide. (b) Notwithstanding any law, and for purposes of this section only, the following definitions apply: (1) “Grocery establishment” as used in this section has the same meaning as defined in Section 2502, but shall also include grocery establishments in other states in the United States. (2) “Grocery worker” as used in this section means any individual whose primary place of employment is at a grocery establishment that is owned, controlled, or operated by the incumbent or successor grocery employer, as applicable. (Added by Stats. 2023, Ch. 452, Sec. 6. (AB 647) Effective January 1, 2024.)
  100. 2518.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 9.5. Grocery Workers [2500 - 2522] ( Part 9.5 added by Stats. 2015, Ch. 212, Sec. 1. )

    Verify source ↗

    This section says the part does not limit an eligible grocery worker’s right to sue for wrongful termination.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 9.5. Grocery Workers [2500 - 2522] ( Part 9.5 added by Stats. 2015, Ch. 212, Sec. 1. ) ## 2518. This part shall not be construed to limit an eligible grocery worker’s right to bring legal action for wrongful termination. (Added by Stats. 2015, Ch. 212, Sec. 1. (AB 359) Effective January 1, 2016.)
  101. 252.

    ## 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 2. Seasonal Labor [250 - 257] ( Heading of Article 2 amended by Stats. 1945, Ch. 628. )

    Verify source ↗

    If either the employer or the employee applies, wages for seasonal labor must be paid in the presence of the Labor Commissioner, deputy, or agent.

    ## 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 2. Seasonal Labor [250 - 257] ( Heading of Article 2 amended by Stats. 1945, Ch. 628. ) ## 252. Upon application of either the employer or the employee, the wages earned in seasonal labor shall be paid in the presence of the Labor Commissioner, or his deputy or agent. (Enacted by Stats. 1937, Ch. 90.)
  102. 2520.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 9.5. Grocery Workers [2500 - 2522] ( Part 9.5 added by Stats. 2015, Ch. 212, Sec. 1. )

    Verify source ↗

    This part does not override local ordinances that give eligible grocery workers 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 9.5. Grocery Workers [2500 - 2522] ( Part 9.5 added by Stats. 2015, Ch. 212, Sec. 1. ) ## 2520. This part does not preempt any city, county, or city and county ordinances that provide equal or greater protection to eligible grocery workers. (Added by Stats. 2015, Ch. 212, Sec. 1. (AB 359) Effective January 1, 2016.)
  103. 2522.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 9.5. Grocery Workers [2500 - 2522] ( Part 9.5 added by Stats. 2015, Ch. 212, Sec. 1. )

    Verify source ↗

    This section says the part is severable, so if one provision or application is invalid, the rest can still stand if it can work without the invalid part.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 9.5. Grocery Workers [2500 - 2522] ( Part 9.5 added by Stats. 2015, Ch. 212, Sec. 1. ) ## 2522. 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. 2015, Ch. 212, Sec. 1. (AB 359) Effective January 1, 2016.)
  104. 253.

    ## 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 2. Seasonal Labor [250 - 257] ( Heading of Article 2 amended by Stats. 1945, Ch. 628. )

    Verify source ↗

    The Labor Commissioner must hear and decide wage disputes about seasonal labor and may allow or reject deductions from those wages; deductions for gambling and liquor debts incurred during the employment must be rejected.

    ## 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 2. Seasonal Labor [250 - 257] ( Heading of Article 2 amended by Stats. 1945, Ch. 628. ) ## 253. The Labor Commissioner shall hear and decide all wage disputes arising in connection with seasonal labor and shall allow or reject any deductions made from such wages. He shall reject all deductions made for gambling and liquor debts incurred by the employee during such employment. (Enacted by Stats. 1937, Ch. 90.)
  105. 254.

    ## 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 2. Seasonal Labor [250 - 257] ( Heading of Article 2 amended by Stats. 1945, Ch. 628. )

    Verify source ↗

    After a final hearing, the Labor Commissioner must file a copy of the findings of fact and the award in the office of the commissioner’s division.

    ## 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 2. Seasonal Labor [250 - 257] ( Heading of Article 2 amended by Stats. 1945, Ch. 628. ) ## 254. After a final hearing by the Labor Commissioner, he shall file in the office of his division a copy of the findings of fact and his award. (Enacted by Stats. 1937, Ch. 90.)
  106. 255.

    ## 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 2. Seasonal Labor [250 - 257] ( Heading of Article 2 amended by Stats. 1945, Ch. 628. )

    Verify source ↗

    The Labor Commissioner’s award is conclusively presumed to equal the employee’s unpaid wages at termination unless there is fraud, and it can be reviewed by the courts under the Code of Civil Procedure.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 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 2. Seasonal Labor [250 - 257] ( Heading of Article 2 amended by Stats. 1945, Ch. 628. ) ## 255. The amount of the award of the Labor Commissioner shall, in the absence of fraud, be conclusively presumed to be the amount of the wages due and unpaid to the employee at the time of the termination of the employment but shall be subject to review by the courts in the manner provided by the Code of Civil Procedure. (Enacted by Stats. 1937, Ch. 90.)
  107. 256.

    ## 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 2. Seasonal Labor [250 - 257] ( Heading of Article 2 amended by Stats. 1945, Ch. 628. )

    Verify source ↗

    The Labor Commissioner must impose a civil penalty of up to 30 days’ pay as waiting time, under Section 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 2. Seasonal Labor [250 - 257] ( Heading of Article 2 amended by Stats. 1945, Ch. 628. ) ## 256. The Labor Commissioner shall impose a civil penalty in an amount not exceeding 30 days pay as waiting time under the terms of Section 203. (Amended by Stats. 1983, Ch. 1096, Sec. 3.)
  108. 257.

    ## 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 2. Seasonal Labor [250 - 257] ( Heading of Article 2 amended by Stats. 1945, Ch. 628. )

    Verify source ↗

    Seasonal labor is subject to Article 1 of this chapter, except for sections 204, 205, 207, 208, 209, 210, 211, and 215.

    ## 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 2. Seasonal Labor [250 - 257] ( Heading of Article 2 amended by Stats. 1945, Ch. 628. ) ## 257. All provisions of Article 1 of this chapter, except sections 204, 205, 207, 208, 209, 210, 211 and 215 are applicable to this article. (Enacted by Stats. 1937, Ch. 90.)
  109. 26.

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

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    A person cannot be denied a code-regulated license solely because of a crime conviction if they have a certificate of rehabilitation, their probation has ended, and the case has been dismissed under the Penal Code.

    ## Labor Code - LAB ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 90. ) ## 26. Notwithstanding any other provision of this code, no person who has not previously obtained a license regulated by this code shall be denied a license solely on the basis that he has been convicted of a crime if he has obtained a certificate of rehabilitation under Section 4852.01 and following of the Penal Code, and if his probation has been terminated and the information or accusation has been dismissed pursuant to Section 1203.4 of the Penal Code. (Added by Stats. 1976, Ch. 947.)
  110. 2650.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 10. INDUSTRIAL HOMEWORK [2650 - 2667] ( Part 10 added by Stats. 1939, Ch. 809. )

    Verify source ↗

    This section defines key terms used in the industrial homework 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 10. INDUSTRIAL HOMEWORK [2650 - 2667] ( Part 10 added by Stats. 1939, Ch. 809. ) ## 2650. As used in this part: (a) “To manufacture” means to make, process, prepare, alter, repair, or finish in whole or in part, or to assemble, inspect, wrap, or package any articles or materials. (b) “Employer” means any person who, directly or indirectly or through an employee, agent, independent contractor, or any other person, employs an industrial homeworker. (c) “Home” means any room, house, apartment, or other premises, whichever is most extensive, used in whole or in part as a place of dwelling; and includes outbuildings upon premises that are primarily used as a place of dwelling, where such outbuildings are under the control of the person dwelling on such premises. (d) “Industrial homework” means any manufacture in a home of materials or articles for an employer when such articles or materials are not for the personal use of the employer or a member of his or her family. (e) “Division” means the Division of Labor Standards Enforcement. (f) “Industrial homeworker” means any person who does industrial homework. (g) “To employ” means to engage, suffer or permit any person to do industrial homework, or to tolerate, suffer, or permit articles or materials under one’s custody or control to be manufactured in a home by industrial homework. (h) “Person” means any individual, partnership and each partner thereof, corporation, limited liability company, or association. (Amended by Stats. 1994, Ch. 1010, Sec. 185. Effective January 1, 1995.)
  111. 2651.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 10. INDUSTRIAL HOMEWORK [2650 - 2667] ( Part 10 added by Stats. 1939, Ch. 809. )

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    Industrial homeworkers may not manufacture the listed food, apparel, toy, drug, poison, sanitary, explosive, or similar articles, and a license or permit under this part does not authorize that manufacture.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 10. INDUSTRIAL HOMEWORK [2650 - 2667] ( Part 10 added by Stats. 1939, Ch. 809. ) ## 2651. The manufacture by industrial homework of any of the following materials or articles shall be unlawful, and no license or permit issued under this part shall be deemed to authorize such manufacture: articles of food or drink; articles for use in connection with the serving of food or drink; articles of wearing apparel; toys and dolls; tobacco; drugs and poisons; bandages and other sanitary goods; explosives, fireworks, and articles of like character; articles, the manufacture of which by industrial homework is determined by the division to be injurious to the health or welfare of the industrial homeworkers within the industry or to render unduly difficult the maintenance of existing labor standards or the enforcement of labor standards established by law or regulation for factory workers in the industry. (Amended by Stats. 1975, Ch. 735.)
  112. 2652.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 10. INDUSTRIAL HOMEWORK [2650 - 2667] ( Part 10 added by Stats. 1939, Ch. 809. )

    Verify source ↗

    The division may investigate industries that employ industrial homeworkers, except those specifically exempted and made unlawful by Section 2651.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 10. INDUSTRIAL HOMEWORK [2650 - 2667] ( Part 10 added by Stats. 1939, Ch. 809. ) ## 2652. The division shall have the power to make an investigation of any industry not specifically exempted and made unlawful by Section 2651 which employs industrial homeworkers, in order to determine whether the wages and conditions of employment of industrial homeworkers in the industry are injurious to their health and welfare or whether the wages and conditions of employment of the industrial homeworkers have the effect of rendering unduly difficult the maintenance of existing labor standards or the enforcement of labor standards established by law or regulation for factory workers in the industry. (Amended by Stats. 1975, Ch. 735.)
  113. 2653.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 10. INDUSTRIAL HOMEWORK [2650 - 2667] ( Part 10 added by Stats. 1939, Ch. 809. )

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    The division has the powers of a department head under Government Code Article 2, but only to carry out this part.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 10. INDUSTRIAL HOMEWORK [2650 - 2667] ( Part 10 added by Stats. 1939, Ch. 809. ) ## 2653. To effectuate the provisions of this part, the division shall have the powers given by Article 2 (commencing with Section 11180) of Chapter 2, Part 1, Division 3, Title 2 of the Government Code to a head of a department. (Amended by Stats. 1957, Ch. 420.)
  114. 2654.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 10. INDUSTRIAL HOMEWORK [2650 - 2667] ( Part 10 added by Stats. 1939, Ch. 809. )

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    If the division finds industrial homework harmful, it must issue an order declaring it unlawful and requiring all employers in the industry to stop that kind of manufacture.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 10. INDUSTRIAL HOMEWORK [2650 - 2667] ( Part 10 added by Stats. 1939, Ch. 809. ) ## 2654. If, on the basis of information in its possession, with or without an investigation, the division shall find that industrial homework cannot be continued within an industry without injuring the health and welfare of the industrial homeworkers within that industry, or without rendering unduly difficult the maintenance of existing labor standards or the enforcement of labor standards established by law or regulation for factory workers in that industry, the division shall by order declare such industrial homework to be unlawful and require all employers in the industry to discontinue manufacture by industrial homework. The order shall set forth the type or types of manufacturing which are prohibited after its effective date, and shall contain such terms and conditions as the division may deem necessary to carry out the purpose and intent of this part. (Amended by Stats. 1975, Ch. 735.)
  115. 2655.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 10. INDUSTRIAL HOMEWORK [2650 - 2667] ( Part 10 added by Stats. 1939, Ch. 809. )

    Verify source ↗

    After making an order, the division must hold public hearings and give notice to affected persons.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 10. INDUSTRIAL HOMEWORK [2650 - 2667] ( Part 10 added by Stats. 1939, Ch. 809. ) ## 2655. After making such order the division shall hold a public hearing or hearings at which an opportunity to be heard shall be afforded to any employer, or representative of employers, and any industrial homeworker, or representative of industrial homeworkers, and any other person having an interest in the subject matter of the hearing. A public notice of each hearing shall be given at least 30 days before the hearing is held and in such manner as may be determined by the division. The division shall send written notice of the hearing to every business and employer which the division believes may be adversely affected by the order. The hearing or hearings shall be in such place or places as the division deems most convenient to the employers and industrial homeworkers to be affected by the order. (Amended by Stats. 1975, Ch. 735.)
  116. 2656.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 10. INDUSTRIAL HOMEWORK [2650 - 2667] ( Part 10 added by Stats. 1939, Ch. 809. )

    Verify source ↗

    The division may seek a search warrant to enter and inspect the premises of industrial homeworkers or distributors in this state, following the Penal Code procedures named in the section.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 10. INDUSTRIAL HOMEWORK [2650 - 2667] ( Part 10 added by Stats. 1939, Ch. 809. ) ## 2656. The division may seek a search warrant pursuant to the procedures set forth in Chapter 3 (commencing with Section 1523) of Title 12 of Part 2 of the Penal Code to enable it to have access to, and to inspect, the premises of any industrial homeworker or distributor in this state. (Repealed and added by Stats. 1975, Ch. 735.)
  117. 2658.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 10. INDUSTRIAL HOMEWORK [2650 - 2667] ( Part 10 added by Stats. 1939, Ch. 809. )

    Verify source ↗

    A person may not employ an industrial homeworker in a permitted industry unless they first get a valid industrial homework license from the division.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 10. INDUSTRIAL HOMEWORK [2650 - 2667] ( Part 10 added by Stats. 1939, Ch. 809. ) ## 2658. (a) A person shall not employ an industrial homeworker in any industry not prohibited by Section 2651 unless the person employing an industrial homeworker has obtained a valid industrial homework license from the division. (b) Application for a license to employ industrial homeworkers shall be made to the division in a form as the division may by regulation prescribe. A license fee of one hundred dollars ($100) for each industrial homeworker employed shall be paid to the division and the license shall be valid for a period of one year from the date of issuance unless sooner revoked or suspended. (c) Renewal fees shall be at the same rate and conditions as the original license. (d) The division may revoke or suspend the license upon a finding that the person has violated this part or has failed to comply with the regulations of the division or with the license. The industrial homework license shall not be transferable. (e) All license and permit fees received under this part shall be paid into the Labor Enforcement and Compliance Fund. (Amended by Stats. 2016, Ch. 31, Sec. 187. (SB 836) Effective June 27, 2016.)
  118. 2658.1.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 10. INDUSTRIAL HOMEWORK [2650 - 2667] ( Part 10 added by Stats. 1939, Ch. 809. )

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    A person without a valid industrial homework license who negligently lets covered materials be taken to a home for industrial homework commits a misdemeanor.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 10. INDUSTRIAL HOMEWORK [2650 - 2667] ( Part 10 added by Stats. 1939, Ch. 809. ) ## 2658.1. Every person who, without having in his possession a then valid industrial homework license issued to him by the Division of Labor Standards Enforcement, negligently fails to prevent articles or materials under his custody or control from being taken to a home for manufacture by industrial homework is guilty of a misdemeanor. Possession, control or custody of articles or materials for the purpose of manufacture by industrial homework by a person other than the owner or operator of a factory shall be presumptive evidence that said owner or operator has negligently failed to prevent articles or materials under his custody or control from being taken to a home for manufacture by industrial homework, where it is established that such owner or operator is entitled to possession, control or custody of such articles. (Amended by Stats. 1980, Ch. 676.)
  119. 2658.5.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 10. INDUSTRIAL HOMEWORK [2650 - 2667] ( Part 10 added by Stats. 1939, Ch. 809. )

    Verify source ↗

    Certain people and businesses may not employ industrial homeworkers without a valid license, use or send materials to home manufacture, pay for home manufacture, or advertise prohibited industrial homework.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 10. INDUSTRIAL HOMEWORK [2650 - 2667] ( Part 10 added by Stats. 1939, Ch. 809. ) ## 2658.5. Every person, which term shall be deemed to include manufacturers, contractors, jobbers and wholesalers, who, without having in his possession a then-valid industrial homework license issued to him by the Division of Labor Standards Enforcement, employs an industrial homeworker, or who tolerates, suffers, or permits articles or materials owned by him, or under his custody or control to be taken to a home for manufacture by industrial homework or who accepts and pays a person for the manufacture in a home of articles and materials by industrial homework, or who places an advertisement for industrial homework the performance of which is not permitted under this part is guilty of a misdemeanor which misdemeanor shall be punished for the first offense by a fine of not more than one thousand dollars ($1,000) or by imprisonment in the county jail for not more than 30 days, or by both such fine and imprisonment, and for a second conviction by a fine of not more than five thousand dollars ($5,000) or imprisonment in the county jail for not more than six months, or by both such fine and imprisonment. A person, which term shall be deemed to include manufacturers, contractors, jobbers and wholesalers, convicted for a third time, and any subsequent times, shall be guilty of a misdemeanor, and shall be punished by a fine of not more than thirty thousand dollars ($30,000) or by imprisonment in the county jail for not more than one year, or by both such fine and imprisonment. Upon a third conviction, in addition to any penalties or fines imposed, the business license of the manufacturer or owner of the goods, garments or products produced by industrial homework which is not permitted by this part shall be suspended for a period not to exceed three years. The court may suspend all or a part of any penalty imposed by this section on condition that the defendant refrains from any future or other violation of this part. (Amended by Stats. 1980, Ch. 676.)
  120. 2658.7.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 10. INDUSTRIAL HOMEWORK [2650 - 2667] ( Part 10 added by Stats. 1939, Ch. 809. )

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    The division must confiscate certain goods that evidence an industrial homework violation, and it has power to investigate covered industries.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 10. INDUSTRIAL HOMEWORK [2650 - 2667] ( Part 10 added by Stats. 1939, Ch. 809. ) ## 2658.7. Any goods, assembled or partially assembled, whether found in the homeworker’s home, in transit to or from the home, or in the manufacturer’s or his contractor’s possession, pursuant to an order obtained under Section 2656, which constitute evidence of a violation of industrial homework laws, shall be confiscated by the division and properly marked and identified. A determination or decision that a violation of Section 2651 has been committed shall carry with it, in addition to whatever other penalties are imposed as prescribed in this act, forfeiture of the aforementioned confiscated goods, garments or products identified as goods, garments or products produced by illegal industrial homework, and placed in the custody of the division, which shall be charged with the responsibility of disposing of them. The division shall have the power to make an investigation of any industry in which the utilization of industrial homework has been made unlawful by Section 2651, in order to determine compliance with Section 2651. (Amended by Stats. 1980, Ch. 612.)
  121. 2659.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 10. INDUSTRIAL HOMEWORK [2650 - 2667] ( Part 10 added by Stats. 1939, Ch. 809. )

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    No person may allow industrial homework to be done by someone who does not have a valid employer’s license or homeworker’s permit.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 10. INDUSTRIAL HOMEWORK [2650 - 2667] ( Part 10 added by Stats. 1939, Ch. 809. ) ## 2659. No person shall engage, suffer or permit any person to do industrial homework, or tolerate, suffer or permit articles or materials under his custody or control to be manufactured by industrial homework by a person who is not in possession of either a valid employer’s license or homeworker’s permit issued in accordance with this part. (Amended by Stats. 1957, Ch. 420.)
  122. 2660.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 10. INDUSTRIAL HOMEWORK [2650 - 2667] ( Part 10 added by Stats. 1939, Ch. 809. )

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    A person may not do industrial homework in the state without a valid homeworker’s permit.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 10. INDUSTRIAL HOMEWORK [2650 - 2667] ( Part 10 added by Stats. 1939, Ch. 809. ) ## 2660. No person shall do industrial homework within this state unless he has in his possession a valid homeworker’s permit issued to him by the division. The permit shall be issued for a fee of twenty-five dollars ($25), and shall be valid for industrial homework performed for the licensed employer of industrial homeworkers, named therein, for a period of one year from the date of its issuance unless sooner revoked or suspended. Application for a permit shall be made in such form as the division may by regulation prescribe. The permit shall be valid only for work performed by the applicant himself in his own home. The division may waive the fee for a homeworker’s permit in cases where the applicant requests such waiver, and can establish that payments of the fee would result in financial hardship. (Amended by Stats. 1975, Ch. 735.)
  123. 2660.1.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 10. INDUSTRIAL HOMEWORK [2650 - 2667] ( Part 10 added by Stats. 1939, Ch. 809. )

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    People doing industrial homework must give the division specified employer, materials-source, compensation, and related enforcement information when asked. The division may not use that information against or to prosecute the homeworker.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 10. INDUSTRIAL HOMEWORK [2650 - 2667] ( Part 10 added by Stats. 1939, Ch. 809. ) ## 2660.1. Every person doing industrial homework, with or without a valid homeworker’s permit issued by the division, shall reveal to the division, on demand, the name and address of the employer, the name and address of the owner or source of the articles or materials for industrial homework, the rate of compensation and any other information known to the homeworker and pertinent to the enforcement of this section. This information so revealed by the homeworker to the division shall not be used by the division in any action against or prosecution of the homeworker. (Added by Stats. 1957, Ch. 420.)
  124. 2660.5.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 10. INDUSTRIAL HOMEWORK [2650 - 2667] ( Part 10 added by Stats. 1939, Ch. 809. )

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    Doing industrial homework without a valid homeworker’s permit is a misdemeanor.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 10. INDUSTRIAL HOMEWORK [2650 - 2667] ( Part 10 added by Stats. 1939, Ch. 809. ) ## 2660.5. Every person who does industrial homework without having in his possession a valid homeworker’s permit issued to him by the division is guilty of a misdemeanor which misdemeanor shall be punishable for the first offense by a fine of not more than fifty dollars ($50) and for the second offense by a fine of not more than one hundred dollars ($100). The court may suspend such fine on condition the industrial homeworker cooperates with the division in the lawful prosecutions of persons violating this part and to secure compliance with this part, or on condition the defendant refrains from any future violation of this part. (Amended by Stats. 1975, Ch. 735.)
  125. 2661.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 10. INDUSTRIAL HOMEWORK [2650 - 2667] ( Part 10 added by Stats. 1939, Ch. 809. )

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    A homeworker’s permit must not be issued to a person under 16, to a person with an infectious, contagious, or communicable disease, or to a person living in an unclean or unsanitary home.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 10. INDUSTRIAL HOMEWORK [2650 - 2667] ( Part 10 added by Stats. 1939, Ch. 809. ) ## 2661. No homeworker’s permit shall be issued to any person under the age of 16 years; or to any person suffering from an infectious, contagious, or communicable disease, or to any person living in a home that is not clean, sanitary, and free from infectious, contagious, or communicable disease. (Amended by Stats. 1975, Ch. 735.)
  126. 2662.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 10. INDUSTRIAL HOMEWORK [2650 - 2667] ( Part 10 added by Stats. 1939, Ch. 809. )

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    The division may revoke or suspend a homeworker’s permit if specified violations or license issues are found.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 10. INDUSTRIAL HOMEWORK [2650 - 2667] ( Part 10 added by Stats. 1939, Ch. 809. ) ## 2662. The division may revoke or suspend any homeworker’s permit upon a finding that the industrial homeworker is performing industrial homework contrary to the conditions under which the permit was issued or in violation of this part or has permitted any person not holding a valid homeworker’s permit to assist him in performing industrial homework or on expiration or revocation of the industrial homework license of the employer. (Amended by Stats. 1957, Ch. 420.)
  127. 2663.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 10. INDUSTRIAL HOMEWORK [2650 - 2667] ( Part 10 added by Stats. 1939, Ch. 809. )

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    No person may allow industrial homework manufacturing unless the goods are conspicuously labeled with the employer’s name and address in legible English.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 10. INDUSTRIAL HOMEWORK [2650 - 2667] ( Part 10 added by Stats. 1939, Ch. 809. ) ## 2663. No person shall tolerate, suffer or permit any materials or articles to be manufactured by industrial homework unless there has been conspicuously affixed to each article or material or, if this is impossible, to the package or other container in which such goods are kept, a label or other mark of identification bearing the employer’s name and address, printed or written legibly in English. (Amended by Stats. 1957, Ch. 420.)
  128. 2664.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 10. INDUSTRIAL HOMEWORK [2650 - 2667] ( Part 10 added by Stats. 1939, Ch. 809. )

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    The division may confiscate home-manufactured articles made in violation of this part. It must notify the affected person by certified mail, and a person may appeal within 15 days. The Labor Commissioner must hold a hearing, then may uphold, change, or dismiss the confiscation and order return of some or all items.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 10. INDUSTRIAL HOMEWORK [2650 - 2667] ( Part 10 added by Stats. 1939, Ch. 809. ) ## 2664. (a) Any article or material which is being manufactured in a home in violation of any provision of this part may be confiscated by the division. Articles or material confiscated pursuant to this section shall be placed in the custody of the division, which shall be responsible for destroying or disposing of them pursuant to regulations adopted under Section 2666, provided that the articles or material shall not enter the mainstream of commerce and shall not be offered for sale. The division shall, by certified mail, give notice of the confiscation and the procedure for appealing the confiscation to the person whose name and address are affixed to the article or material as provided in this part. The notice shall state that failure to file a written notice of appeal with the Labor Commissioner within 15 days after service of the notice of confiscation shall result in the destruction or disposition of the confiscated article or material. (b) To contest the confiscation of articles or material, a person shall, within 15 days after service of the notice of confiscation, file a written notice of appeal with the Office of the Labor Commissioner at the address that appears on the notice of confiscation. Within 30 days after the timely filing of a notice of appeal, the Labor Commissioner shall hold a hearing on the appeal. The hearing shall be recorded. Based on the evidence presented at the hearing, the Labor Commissioner may affirm, modify, or dismiss the confiscation, and may order the return of none, some, or all of the confiscated articles or material, under terms that the Labor Commissioner may specify. The decision of the Labor Commissioner shall consist of findings of fact, legal analysis, and an order. The decision shall be served by first-class mail on all parties to the hearing, to the last known address of the parties on file with the Labor Commissioner, within 15 days of the conclusion of the hearing. Service shall be complete pursuant to Section 1013 of the Code of Civil Procedure. Judicial review shall be by petition for writ of mandate, filed with the appropriate court, within 45 days of service of the decision. (Amended by Stats. 2003, Ch. 214, Sec. 1. Effective January 1, 2004.)
  129. 2665.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 10. INDUSTRIAL HOMEWORK [2650 - 2667] ( Part 10 added by Stats. 1939, Ch. 809. )

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    Employers who use industrial homeworkers in this state must follow specified labor standards, keep approved records, and provide required reports and verified information to the division on request.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 10. INDUSTRIAL HOMEWORK [2650 - 2667] ( Part 10 added by Stats. 1939, Ch. 809. ) ## 2665. Every person who employs or otherwise avails himself of the services of industrial homeworkers in this State shall: (a) Comply with the labor standards as provided in Chapter 1 (commencing with Section 1171) of Part 4 of Division 2 of the Labor Code. (b) Keep in a manner approved by the division, accurate information as follows: 1. Full name and home address of each industrial homeworker employed by him; 2. Amount and description of materials delivered to each industrial homeworker employed by him with date of delivery, and rate of compensation; 3. Gross amount of compensation paid to each industrial homeworker employed by him and date of payment; 4. Names and addresses of all agents or independent contractors to whom he has delivered materials or articles for manufacture by industrial homework together with quantity, description of materials and date of delivery; 5. Names and addresses of all manufacturers or independent contractors from whom he has received articles or materials for industrial homework together with quantity, description of materials and date of receipt. (c) Furnish to the division at its request reports or information which the division requires to carry out the provisions of this part. Such reports and information shall be verified as requested by the division. (Amended by Stats. 1957, Ch. 420.)
  130. 2666.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 10. INDUSTRIAL HOMEWORK [2650 - 2667] ( Part 10 added by Stats. 1939, Ch. 809. )

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    Labor officials may inspect and investigate industrial homework enforcement, and employers must let them in and provide access to relevant records and interviews.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 10. INDUSTRIAL HOMEWORK [2650 - 2667] ( Part 10 added by Stats. 1939, Ch. 809. ) ## 2666. The Division of Labor Standards Enforcement shall enforce the provisions of this part. The division and the authorized representatives of the Department of Industrial Relations are authorized and directed to make all inspections and investigations necessary for the enforcement of this part. Every employer shall permit authorized employees of the division free access to his place of business for the purpose of making investigations authorized by this part or necessary to carry out its provisions and permit them to inspect and copy his payroll or other records or documents relating to the enforcement of this part, or interview his employees or agents. The division may make, in accordance with the provisions of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, such rules and regulations as are reasonably necessary to carry out the provisions of this part. The violation of any such rule or regulation shall be deemed a violation of this part. Every law enforcement officer of the state, any county, municipality, or other government entity who has reason to suspect any violation of this part shall have all the powers of an authorized representative of the Department of Industrial Relations, in the investigation of such suspected violation. (Amended by Stats. 1980, Ch. 676.)
  131. 2667.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 10. INDUSTRIAL HOMEWORK [2650 - 2667] ( Part 10 added by Stats. 1939, Ch. 809. )

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    Violating or ignoring this part or its regulations can be a misdemeanor; employers may not knowingly let someone work when that work is prohibited, and the Attorney General may seek injunctive relief.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 10. INDUSTRIAL HOMEWORK [2650 - 2667] ( Part 10 added by Stats. 1939, Ch. 809. ) ## 2667. Unless otherwise provided herein, every person acting either individually or as an officer, agent, employee or independent contractor for another person who violates or refuses or neglects to comply with any provision of this part, or any regulation of the division made in accordance with the provisions of this part is guilty of a misdemeanor. Whenever the provisions of this part prohibit the employment of a person in certain work or under certain conditions, the employer shall not knowingly permit such person to work with or without compensation. The Attorney General may seek appropriate injunctive relief consistent with, and in furtherance of the purposes of, this part. (Amended by Stats. 1975, Ch. 735.)
  132. 2670.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 11. GARMENT MANUFACTURING [2670 - 2693.1] ( Part 11 added by Stats. 1980, Ch. 633. ) ## CHAPTER 1. General Provisions [2670 - 2674.2] ( Chapter 1 added by Stats. 1980, Ch. 633. )

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    A local municipality may adopt its own worker protections for garment workers if the protections are at least as strong as, or stronger than, those in this part.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 11. GARMENT MANUFACTURING [2670 - 2693.1] ( Part 11 added by Stats. 1980, Ch. 633. ) ## CHAPTER 1. General Provisions [2670 - 2674.2] ( Chapter 1 added by Stats. 1980, Ch. 633. ) ## 2670. (a) It is the intent of the Legislature to restore the purpose of Assembly Bill 633 (Chapter 554 of the Statutes of 1999) to prevent wage theft against garment workers by clarifying ambiguities in the original language. Assembly Bill 633 sought to ensure that persons who contracted to have garments manufactured were liable as guarantors for the unpaid wages and overtime of the workers making their garments. Several manufacturers, however, have attempted to avoid liability as a guarantor by adding layers of contracting between themselves and the employees manufacturing the garments. This undermines the purpose of Assembly Bill 633 because manufacturers have no incentive to ensure safe conditions or the proper minimum wage and overtime payments for the workers producing their garments if they do not face guarantor liability. This act, therefore, revises this part to make clear that a person contracting to have garments made is liable for the full amount of unpaid minimum, regular, overtime, and other premium wages, as well as reimbursement for expenses owed to the workers who manufacture those garments regardless of how many layers of contracting that person may use. Assembly Bill 633 was also designed to ensure that underpaid, and unpaid, garment workers would be able to recoup their stolen wages, even when factories shut down, declared bankruptcy, or otherwise shirked their obligations to lawfully pay their workers. In order to make sure that these workers were made whole, Assembly Bill 633 required that a portion of garment manufacturers’ annual registration or renewal fees be deposited into a fund. However, in the last 20 years, registration and renewal fees have remained frozen in place, while minimum wage and worker claims have risen steadily, meaning the revenues flowing into the fund have not kept up with the demands on the fund. As a result, workers who have already proven that they are owed stolen wages are on a waiting list, waiting anywhere from 5 to 20 years, to be paid. While the Legislature recently passed a budget with a one-time appropriation of funds temporarily eliminating the waiting list, structural change is necessary in order to permanently eliminate the hardship placed on garment workers who are unable to recoup their stolen wages within a reasonable amount of time. (b) By restoring the original intent of this part, the Legislature will be able to more effectively establish and regulate a system of registration, penalties, confiscation, bonding requirements, and misdemeanors for the imposition of prompt and effective criminal and civil sanctions against violations of, and especially patterns and practices of violations of, any of the laws as set forth herein and regulations of this state applicable to the employment of workers in the garment industry. The civil penalties provided for in this part are in addition to any other penalty provided by law. This part shall be deemed an exercise of the police power of the state for the protection of the public welfare, prosperity, health, safety, and peace of the people of the State of California. Nothing herein shall prohibit a local municipality from enacting its own protections for workers employed in the garment industry, so long as those protections are equal to, or in addition to, the protections provided herein. (Amended by Stats. 2021, Ch. 329, Sec. 3. (SB 62) Effective January 1, 2022.)
  133. 2671.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 11. GARMENT MANUFACTURING [2670 - 2693.1] ( Part 11 added by Stats. 1980, Ch. 633. ) ## CHAPTER 1. General Provisions [2670 - 2674.2] ( Chapter 1 added by Stats. 1980, Ch. 633. )

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    This section defines key garment-manufacturing terms and gives the Labor Commissioner power to adopt or amend regulations that clarify those definitions without narrowing their scope.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 11. GARMENT MANUFACTURING [2670 - 2693.1] ( Part 11 added by Stats. 1980, Ch. 633. ) ## CHAPTER 1. General Provisions [2670 - 2674.2] ( Chapter 1 added by Stats. 1980, Ch. 633. ) ## 2671. As used in this part: (a) “Person” means any individual, partnership, corporation, limited liability company, or association, and includes, but is not limited to, employers, manufacturers, jobbers, wholesalers, contractors, subcontractors, and any other person or entity engaged in the business of garment manufacturing. “Person” does not include any person who manufactures garments by oneself, without the assistance of a contractor, employee, or others; any person who engages solely in that part of the business engaged solely in cleaning, alteration, or tailoring; any person who engages in the activities herein regulated as an employee with wages as their sole compensation; or any person as provided by regulation. (b) “Garment manufacturer” or “manufacturer” means any person who is engaged in garment manufacturing who is not a contractor. (c) “Garment manufacturing” means sewing, cutting, making, processing, repairing, finishing, assembling, dyeing, altering a garment’s design, causing another person to alter a garment’s design, affixing a label to a garment, or otherwise preparing any garment or any article of wearing apparel or accessories designed or intended to be worn by any individual, including, but not limited to, clothing, hats, gloves, handbags, hosiery, ties, scarfs, and belts, for sale or resale by any person or any persons contracting to have those operations performed and other operations and practices in the apparel industry as may be identified in regulations of the Department of Industrial Relations consistent with the purposes of this part. The Labor Commissioner shall adopt, and may from time to time amend, regulations to clarify and refine this definition to be consistent with current and future industry practices, but the regulations shall not limit the scope of garment manufacturing, as defined in this subdivision. The definition in this subdivision is declaratory of existing law. (d) “Brand guarantor” means any person contracting for the performance of garment manufacturing, regardless of whether the person with whom they contract performs the manufacturing operations or hires contractors or subcontractors to perform the manufacturing operations, which include sewing, cutting, making, processing, repairing, finishing, assembling, dyeing, altering a garment’s design, causing another person to alter a garment’s design, affixing a label on a garment, or otherwise preparing any garment or any article of wearing apparel or accessories designed or intended to be worn by any individual, including, but not limited to, clothing, hats, gloves, handbags, hosiery, ties, scarfs, and belts, for sale or resale and other operations and practices in the apparel industry as may be identified in regulations of the Department of Industrial Relations consistent with the purposes of this part. Contracts for the performance of garment manufacturing include licensing of a brand or name. The Labor Commissioner may adopt, and may from time to time amend, regulations to clarify and refine this definition to be consistent with current and future industry practices; however, the regulations shall not limit the scope of garment manufacturing, as defined in this section. (e) “Commissioner” means the Labor Commissioner. (f) “Contractor” means any person who, with the assistance of employees or others, is engaged in garment manufacturing by primarily engaging in sewing, cutting, making, processing, repairing, finishing, assembling, dyeing, altering a garment’s design, causing another person to alter a garment’s design, affixing a label on a garment, or otherwise preparing any garment or any article of wearing apparel or accessories designed or intended to be worn by any individual, including, but not limited to, clothing, hats, gloves, handbags, hosiery, ties, scarfs, and belts, for another person, including, but not limited to, another contractor, garment manufacturer, or brand guarantor. “Contractor” includes a subcontractor that is primarily engaged in those operations. The Labor Commissioner may adopt, and may from time to time amend, regulations to clarify and refine this definition to be consistent with current and future industry practices; however, the regulations shall not limit the scope of garment manufacturing, as defined in this section. The definition in this subdivision is declaratory of existing law. (Amended by Stats. 2023, Ch. 131, Sec. 140. (AB 1754) Effective January 1, 2024.)
  134. 2672.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 11. GARMENT MANUFACTURING [2670 - 2693.1] ( Part 11 added by Stats. 1980, Ch. 633. ) ## CHAPTER 1. General Provisions [2670 - 2674.2] ( Chapter 1 added by Stats. 1980, Ch. 633. )

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    The commissioner must adopt rules needed to carry out this part, and may, for good cause, impose penalties, revoke registrations, or order goods confiscated or disposed of.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 11. GARMENT MANUFACTURING [2670 - 2693.1] ( Part 11 added by Stats. 1980, Ch. 633. ) ## CHAPTER 1. General Provisions [2670 - 2674.2] ( Chapter 1 added by Stats. 1980, Ch. 633. ) ## 2672. The commissioner shall promulgate all regulations and rules necessary to carry out the provisions of this part. The commissioner, upon good cause, may impose, in his or her discretion, the terms of penalties, the revocation of registrations, and the confiscation or disposal of goods in accordance with such rules and regulations. (Added by Stats. 1980, Ch. 633.)
  135. 2673.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 11. GARMENT MANUFACTURING [2670 - 2693.1] ( Part 11 added by Stats. 1980, Ch. 633. ) ## CHAPTER 1. General Provisions [2670 - 2674.2] ( Chapter 1 added by Stats. 1980, Ch. 633. )

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    Garment-manufacturing employers, and brand guarantors, must keep specified records for four years.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 11. GARMENT MANUFACTURING [2670 - 2693.1] ( Part 11 added by Stats. 1980, Ch. 633. ) ## CHAPTER 1. General Provisions [2670 - 2674.2] ( Chapter 1 added by Stats. 1980, Ch. 633. ) ## 2673. (a) Every employer engaged in the business of garment manufacturing shall keep accurate records for four years which show all of the following: (1) The names and addresses of all garment workers directly employed by such person. (2) The hours worked daily by employees, including the times the employees begin and end each work period. (3) The daily production sheets, including piece rates. (4) The wage and wage rates paid each payroll period. (5) The contract worksheets indicating the price per unit agreed to between the contractor and manufacturer. (6) All contracts, invoices, purchase orders, work or job orders, and style or cut sheets. This documentation shall include the business names, addresses, and contact information of the contracting parties. (7) A copy of the garment license of every person engaged in garment manufacturing who is required to register with the Labor Commissioner pursuant to Section 2675, and with whom the employer has entered into a contract for the performance of garment manufacturing. (8) The ages of all minor employees. (9) Any other conditions of employment. (b) Brand guarantors shall keep accurate records for four years that show all of the following: (1) Contract worksheets indicating the price per unit agreed to between the brand guarantor and the contractor or manufacturer. (2) All contracts, invoices, purchase orders, work or job orders, and style or cut sheets. This documentation shall include the business names, addresses, and contract information of the contracting parties. (3) A copy of the garment license of every person engaged in garment manufacturing who is required to register with the Labor Commissioner pursuant to Section 2675, and with whom the employer has entered into a contract for the performance of garment manufacturing. (c) The recordkeeping requirements in this section are in addition to the recordkeeping requirements set forth in this code, the California Code of Regulations, and in the Industrial Welfare Commission wage orders. (Amended by Stats. 2021, Ch. 329, Sec. 5. (SB 62) Effective January 1, 2022.)
  136. 2673.1.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 11. GARMENT MANUFACTURING [2670 - 2693.1] ( Part 11 added by Stats. 1980, Ch. 633. ) ## CHAPTER 1. General Provisions [2670 - 2674.2] ( Chapter 1 added by Stats. 1980, Ch. 633. )

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    Garment manufacturers, contractors, and brand guarantors can be jointly liable for unpaid wages and related amounts, and employees must pursue claims through the Labor Commissioner process described here.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 11. GARMENT MANUFACTURING [2670 - 2693.1] ( Part 11 added by Stats. 1980, Ch. 633. ) ## CHAPTER 1. General Provisions [2670 - 2674.2] ( Chapter 1 added by Stats. 1980, Ch. 633. ) ## 2673.1. (a) (1) To ensure that employees are paid for all hours worked, a garment manufacturer, contractor, or brand guarantor, who contracts with another person for the performance of garment manufacturing operations, shall be jointly and severally liable with any manufacturer and contractor who performs those operations for the garment manufacturer or brand guarantor, for all of the following: (A) The full amount of unpaid minimum, regular, overtime, and other premium wages, reimbursement for expenses, and any other compensation, including interest, due to any and all employees who performed the manufacturing operations for any violation of this code. (B) The employee’s reasonable attorney’s fees and costs pursuant to subdivision (e). (C) Civil penalties for the failure to secure valid workers’ compensation coverage as required by Section 3700. (2) Nothing in this section shall prevent or prohibit two or more parties, who are held jointly and severally liable under this section after a final judgment is rendered by the court, from establishing, exercising, or enforcing, by contract or otherwise, any lawful or equitable remedies, including, but not limited to, a right of contribution and indemnity against each other for liability created by acts of the other. (3) Nothing in this section shall prevent, prohibit, or limit the liability of garment manufacturers or contractors for damages and penalties owed to an employee due to violations of this section. (b) In addition to the liability imposed pursuant to subdivision (a), garment manufacturers and contractors shall be liable for the full amount of damages and penalties, including interest, due to any and all employees, for a violation of this code. Damages shall include liquidated damages in an amount equal to the wages unlawfully withheld, as set forth in Section 1194.2, and liquidated damages in an amount equal to unpaid overtime compensation due. If two or more persons are performing work at the same worksite, during the same payroll period, the liability of each person shall be limited to their proportionate share, as determined by the Labor Commissioner, pursuant to paragraph (3) or (4) of subdivision (d). (c) Employees may enforce this section solely by filing a claim with the Labor Commissioner against the contractor, the garment manufacturer, and the brand guarantor, if known, to recover unpaid wages and associated penalties. Garment manufacturers and brand guarantors whose identity or existence is unknown at the time the claim is filed may be added to the claim pursuant to paragraph (2) of subdivision (d). (d) Claims filed with the Labor Commissioner pursuant to subdivision (c) shall be subject to the following procedure: (1) Within 10 business days of receiving a claim pursuant to subdivision (c), the Labor Commissioner shall give written notice to the employee, the contractor, and the identified manufacturer and brand guarantors of the nature of the claim and the date of the meet-and-confer conference on the claim. Within 10 business days of receiving the claim, the Labor Commissioner shall issue a subpoena duces tecum requiring the contractor and any identified manufacturer and brand guarantor to submit to the Labor Commissioner those books and records as may be necessary to investigate the claim and determine the identity of any potential manufacturers and brand guarantors for the payment of the wage claim, including, but not limited to, invoices for work performed by any and all persons during the period included in the claim. Compliance with a request for books and records, within 10 days of the mailing of the notice, shall be a condition of continued registration pursuant to Section 2675. At the request of any party, the Labor Commissioner shall provide to that party copies of all books and records received by the Labor Commissioner in conducting its investigation. (2) Within 30 days of receiving a claim pursuant to subdivision (c), the Labor Commissioner shall send a notice of the claim and of the meet-and-confer conference to any other person who may be a manufacturer or brand guarantor with respect to the claim. (3) Within 60 days of receiving a claim pursuant to subdivision (c), the Labor Commissioner shall hold a meet-and-confer conference with the employee, the contractor, and all identified manufacturers and brand guarantors to attempt to resolve the claim. Prior to the meet-and-confer conference, the Labor Commissioner shall conduct and complete an investigation of the claim, shall make an assessment of the amount of wages, damages, penalties, expenses, and other compensation owed, and shall conduct an investigation and determine liability pursuant to subdivisions (a) and (b). At that same time, the Labor Commissioner shall also investigate and determine the proportionate liability pursuant to subdivision (b). The investigation shall include, but not be limited to, interviewing the employee and their witnesses and making an assessment of the amounts due, if any, to the employee. If an employee provides the Labor Commissioner with labels, or the equivalent thereto, from a brand guarantor or garment manufacturer, or other information that the commissioner finds credible relating to the identity of any brand guarantor or garment manufacturer for whom the employee performed garment manufacturing operations, there shall be a presumption that the brand guarantor or garment manufacturer is liable with the contractor for any amounts found to be due to the employee, as set forth in paragraph (1) of subdivision (a). An employee’s claim of hours worked, and wages, damages, penalties, expenses, and other compensation due, including the claim of liability of a brand guarantor or garment manufacturer upon provision by the employee of labels or other credible information about work performed for any person, shall be presumed valid and shall be the Labor Commissioner’s assessment, unless the brand guarantor, garment manufacturer, or contractor provides specific, compelling, and reliable written evidence to the contrary. That evidence from the brand guarantor, garment manufacturer, or contractor shall include accurate, complete, and contemporaneous records pursuant to Sections 226, 1174, and 2673, and the industrial commission wage order, including, but not limited to, itemized wage deduction statements, bona fide complete and accurate payroll records, evidence of the precise hours worked by the employee for each pay period during the period of the claim, and evidence, including a purchase order or invoice identifying the person or persons for whom garment manufacturing operations were performed. In the absence of the provision of that evidence, or the failure to timely respond to a subpoena pursuant to paragraph (1), a written declaration from a brand guarantor, garment manufacturer, or contractor is not sufficient to rebut the presumption of validity of the worker’s claim and liability of the respective parties. If the Labor Commissioner finds falsification by the garment manufacturer or contractor of payroll records submitted for any pay period of the claim, any other payroll records submitted by the garment manufacturer or contractor shall be presumed false and disregarded. The Labor Commissioner shall present their assessment of the amount of wages, and each contractor’s or each garment manufacturer’s proportionate shares of damages and penalties, owed to the parties at the meet-and-confer conference and shall make a demand for payment of the amount of the assessment. If no resolution is reached, the Labor Commissioner shall, at the meet-and-confer conference, set the matter for hearing pursuant to paragraph (4). (4) The hearing shall commence within 30 days of, and shall be completed within 45 days of, the date of the meet-and-confer conference. The hearing may be bifurcated, addressing first the question of wages and other compensation owed, as well as liability of the garment manufacturers, brand guarantors, and contractors, and, immediately thereafter, the proportionate responsibility of the damages and penalties for which each contractor or garment manufacturer is liable, pursuant to subdivision (c). The Labor Commissioner shall present their findings and assessments at the hearing. Any party may present evidence at the hearing to support or rebut the proposed findings and assessments. If an employee has provided the Labor Commissioner with labels, or the equivalent thereto, from a brand guarantor or garment manufacturer, or provides other information or testimony that the Labor Commissioner finds credible relating to the identity of any brand guarantor or garment manufacturer, for whom the employee performed garment manufacturing operations, there shall be a presumption that the brand guarantor or garment manufacturer is liable with the contractor for any amounts found to be due to the employee, as set forth in paragraph (1) of subdivision (a). A written declaration or testimony from a brand guarantor, garment manufacturer, or contractor is not sufficient to rebut the presumption of liability of the respective parties. If the Labor Commissioner finds falsification by the garment manufacturer or contractor of payroll records submitted for any pay period of the claim, any other payroll records submitted by the garment manufacturer or contractor shall be presumed false and disregarded. Except as provided in this paragraph, the hearing shall be held in accordance with the procedure set forth in subdivisions (b) to (h), inclusive, of Section 98. It is the intent of the Legislature that these hearings be conducted in an informal setting preserving the rights of the parties. (5) Within 15 days of the completion of the hearing, the Labor Commissioner shall issue an order, decision, or award with respect to the claim and shall file the order, decision, or award in accordance with Section 98.1. (e) If either the contractor, garment manufacturer, or brand guarantor refuses to pay the assessment, and the employee prevails at the hearing, the party that refuses to pay shall pay the employee’s reasonable attorney’s fees and costs. If the employee rejects the assessment of the Labor Commissioner and prevails at the hearing, the contractor shall pay the employee’s reasonable attorney’s fees and costs. The garment manufacturer and brand guarantor shall be jointly and severally liable with the contractor for the attorney’s fees and costs awarded to an employee. (f) Any party shall have the right to judicial review of the order, decision, or award of the Labor Commissioner made pursuant to paragraph (5) of subdivision (d) as provided in Section 98.2. As a condition precedent to filing an appeal, the contractor, garment manufacturer, or brand guarantor, whichever appeals, shall post a bond with the Labor Commissioner in an amount equal to one and one-half times the amount of the award. No bond shall be required of an employee filing an appeal pursuant to Section 98.2. At the employee’s request, the Labor Commissioner shall represent the employee in the judicial review as provided in Section 98.4. (g) If the contractor, garment manufacturer, or brand guarantor appeals the order, decision, or award of the Labor Commissioner and the employee prevails on appeal, the court shall order the contractor, garment manufacturer, or brand guarantor, as the case may be, to pay the reasonable attorney’s fees and costs of the employee incurred in pursuing their claim. If the employee appeals the order, decision, or award of the Labor Commissioner and the contractor, garment manufacturer, or brand guarantor prevails on appeal, the court may order the employee to pay the reasonable attorney’s fees and costs of the contractor, garment manufacturer, or brand guarantor only if the court determines that the employee acted in bad faith in bringing the claim. (h) The rights and remedies provided by this section do not preclude an employee from pursuing any other rights and remedies under any other provision of state or federal law. If a finding and assessment is not issued as specified and within the time limits in paragraph (3) of subdivision (d), the employee may bring a civil action for the recovery of unpaid wages pursuant to any other rights and remedies under any other provision of the laws of this state unless, prior to the employee bringing the civil action, the garment manufacturer or brand guarantor files a petition for writ of mandate within 10 days of the date the assessment should have been issued. If findings and assessments are not made, or a hearing is not commenced or an order, decision, or award is not issued within the time limits specified in paragraphs (4) and (5) of subdivision (d), any party may file a petition for writ of mandate to compel the Labor Commissioner to issue findings and assessments, commence the hearing, or issue the order, decision, or award. All time requirements specified in this section shall be mandatory and shall be enforceable by a writ of mandate. (i) The Labor Commissioner may enforce the joint and several liability of a garment manufacturer or brand guarantor described in this section in the same manner as a proceeding against the contractor. The Labor Commissioner may, with or without a complaint being filed by an employee, conduct an investigation as to whether all the employees of persons engaged in garment manufacturing are being paid all minimum, regular, overtime, and other premium wages, reimbursement for expenses, any other compensation, damages, and penalties due and, with or without the consent of the employees affected, commence a civil action to enforce joint and several liability described in this section. Prior to commencing such a civil action and pursuant to rules of practice and procedure adopted by the Labor Commissioner, the commissioner shall provide notice of the investigation to the garment manufacturer or brand guarantor and the employee, issue findings and an assessment of the amount of wages due, hold a meet-and-confer conference with the parties to attempt to resolve the matter, and provide for a hearing. (j) Except as expressly provided in this section, this section shall not be deemed to create any new right to bring a civil action of any kind for unpaid minimum, regular, overtime, and other premium wages, reimbursement for expenses, any other compensation, damages, penalties, attorney’s fees, or costs against a brand guarantor, garment manufacturer, or contractor. (k) The payment of the wages provided in this section shall not be used as a basis for finding that the brand guarantor or registered garment manufacturer making the payment is a joint employer, coemployer, or single employer of any employees of a contractor that is also a registered garment manufacturer. (l) The Labor Commissioner may, in their discretion, revoke, deny, or suspend the registration under this part of any registrant that fails to pay, on a timely basis, any wages awarded pursuant to this section, after the award has become final. This subdivision is declaratory of existing law. (m) The Labor Commissioner may also enforce this section by issuing stop orders or citations. 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) to (k), inclusive, of Section 1197.1. (n) Any statutory damages or penalties recovered or assessed in an action brought under this section shall be payable to the employee. (Amended by Stats. 2022, Ch. 569, Sec. 39. (AB 156) Effective September 27, 2022.)
  137. 2673.2.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 11. GARMENT MANUFACTURING [2670 - 2693.1] ( Part 11 added by Stats. 1980, Ch. 633. ) ## CHAPTER 1. General Provisions [2670 - 2674.2] ( Chapter 1 added by Stats. 1980, Ch. 633. )

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    Garment manufacturing workers must be paid hourly at no less than the applicable minimum wage, and may not be paid by piece rate or by the unit. The Labor Commissioner may enforce the section, and violations can trigger $200 per employee per pay period in compensatory damages.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 11. GARMENT MANUFACTURING [2670 - 2693.1] ( Part 11 added by Stats. 1980, Ch. 633. ) ## CHAPTER 1. General Provisions [2670 - 2674.2] ( Chapter 1 added by Stats. 1980, Ch. 633. ) ## 2673.2. (a) To ensure that employees are paid for all hours worked, an employee engaged in the performance of garment manufacturing shall not be paid by the piece or unit, or by the piece rate. Employees engaged in the performance of garment manufacturing shall be paid at an hourly rate not less than the applicable minimum wage. (b) Nothing in this section shall be deemed to prohibit incentive-based bonuses. (c) This section shall not apply to workplaces where employees are covered by a bona fide collective bargaining agreement, if the agreement expressly provides for wages, hours of work, and working conditions of the employees; premium wage rates for all overtime hours worked and a regular hourly rate of pay for those employees of not less than 30 percent more than the state minimum wage; stewards or monitors; and a process to resolve disputes concerning nonpayment of wages. (d) In addition to, and entirely independent and apart from, any other damages or penalties provided in this code, any garment manufacturer or contractor who violates subdivision (a) shall be subject to compensatory damages of two hundred dollars ($200) per employee for each pay period in which each employee is paid by the piece rate. (e) This section may be enforced solely by filing a claim with the Labor Commissioner against the contractor or garment manufacturer, if known. Garment manufacturers or contractors whose identity or existence is unknown at the time that the claim is filed may be added to the claim pursuant to paragraph (2) of subdivision (c) of Section 2673.1. (f) Notwithstanding the provisions of this section, the Labor Commissioner may also bring an action to enforce this section under Section 98.3 or issue a citation against the garment manufacturer or contractors who violate this section. Those garment manufacturers or contractors shall be subject to compensatory damages of two hundred dollars ($200) per employee paid by the piece rate per pay period. The procedure for issuing, contesting, and enforcing judgments for citations issued by the commissioner pursuant to this section shall be the same as those set forth in subdivisions (b) to (l), inclusive, of Section 1197.1. (g) Any statutory damages or penalties recovered or assessed in an action brought under, or a citation issued by the Labor Commissioner pursuant to, this section or Section 98.3, shall be payable to the employee. (Added by Stats. 2021, Ch. 329, Sec. 7. (SB 62) Effective January 1, 2022.)
  138. 2674.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 11. GARMENT MANUFACTURING [2670 - 2693.1] ( Part 11 added by Stats. 1980, Ch. 633. ) ## CHAPTER 1. General Provisions [2670 - 2674.2] ( Chapter 1 added by Stats. 1980, Ch. 633. )

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    The Division of Labor Standards Enforcement must enforce Section 2673 and Chapter 2 starting with Section 2675.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 11. GARMENT MANUFACTURING [2670 - 2693.1] ( Part 11 added by Stats. 1980, Ch. 633. ) ## CHAPTER 1. General Provisions [2670 - 2674.2] ( Chapter 1 added by Stats. 1980, Ch. 633. ) ## 2674. The Division of Labor Standards Enforcement shall enforce Section 2673 and Chapter 2 (commencing with Section 2675). (Added by Stats. 1980, Ch. 633.)
  139. 2674.1.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 11. GARMENT MANUFACTURING [2670 - 2693.1] ( Part 11 added by Stats. 1980, Ch. 633. ) ## CHAPTER 1. General Provisions [2670 - 2674.2] ( Chapter 1 added by Stats. 1980, Ch. 633. )

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    The commissioner must appoint an advisory committee on garment manufacturing, and the committee must include a cross-section of the industry.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 11. GARMENT MANUFACTURING [2670 - 2693.1] ( Part 11 added by Stats. 1980, Ch. 633. ) ## CHAPTER 1. General Provisions [2670 - 2674.2] ( Chapter 1 added by Stats. 1980, Ch. 633. ) ## 2674.1. The commissioner shall appoint an advisory committee on garment manufacturing to advise him or her of common industry problems and to effect liaison between his or her office and various segments of the industry. The committee shall consist of a cross section of the industry and shall include representatives of unions, employees, contractor associations, jobbers, and manufacturers. (Added by Stats. 1980, Ch. 633.)
  140. 2674.2.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 11. GARMENT MANUFACTURING [2670 - 2693.1] ( Part 11 added by Stats. 1980, Ch. 633. ) ## CHAPTER 1. General Provisions [2670 - 2674.2] ( Chapter 1 added by Stats. 1980, Ch. 633. )

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    The Governor must include a detailed statement of the cost of regulation and estimated revenues in the annual budget submitted to the Legislature.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 11. GARMENT MANUFACTURING [2670 - 2693.1] ( Part 11 added by Stats. 1980, Ch. 633. ) ## CHAPTER 1. General Provisions [2670 - 2674.2] ( Chapter 1 added by Stats. 1980, Ch. 633. ) ## 2674.2. In the annual budget submitted to the Legislature pursuant to Section 12 of Article IV of the California Constitution, the Governor shall include a detailed statement of the cost of regulation and estimated revenues pursuant to the provisions of this part. The Legislature intends that the fees established and other revenue received pursuant to this part shall provide sufficient funds to meet all state costs incurred pursuant to this part. (Added by Stats. 1980, Ch. 633.)
  141. 2675.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 11. GARMENT MANUFACTURING [2670 - 2693.1] ( Part 11 added by Stats. 1980, Ch. 633. ) ## CHAPTER 2. Registration [2675 - 2684] ( Chapter 2 added by Stats. 1980, Ch. 633. )

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    Garment manufacturers must register with the commissioner and meet listed conditions before registration or renewal is allowed.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 11. GARMENT MANUFACTURING [2670 - 2693.1] ( Part 11 added by Stats. 1980, Ch. 633. ) ## CHAPTER 2. Registration [2675 - 2684] ( Chapter 2 added by Stats. 1980, Ch. 633. ) ## 2675. (a) For purposes of enforcing this part and Sections 204, 209, 212, 221, 222, 222.5, 223, 226, 227, and 227.5, Chapter 2 (commencing with Section 300) and Article 2 (commencing with Section 400) of Chapter 3 of Part 1 of this division, Sections 1195.5, 1197, 1197.5, and 1198, Division 4 (commencing with Section 3200) and Division 4.7 (commencing with Section 6200), every person engaged in the business of garment manufacturing, shall register with the commissioner. The commissioner shall not permit any person to register, nor shall the commissioner allow any person to renew registration, until all the following conditions are satisfied: (1) The person has executed a written application therefor in a form prescribed by the commissioner, subscribed and sworn by the person, and containing: (A) A statement by the person of all facts required by the commissioner concerning the applicant’s character, competency, responsibility, and the manner and method by which the person proposes to engage in the business of garment manufacturing if the registration is issued. (B) The names and addresses of all persons, except bona fide employees on stated salaries, financially interested, either as partners, associates, or profit sharers, in the proposed business of garment manufacturing together with the amount of their respective interests, except that in the case of a publicly traded corporation a listing of principal officers shall suffice. (2) The commissioner, after investigation, is satisfied as to the character, competency, and responsibility of the person. (3) In the case of a person who has been cited and penalized within the prior three years under this part, the person has deposited or has on file a surety bond in the sum and form that the commissioner deems sufficient and adequate to ensure future compliance, not to exceed five thousand dollars ($5,000). The bond shall be payable to the people of California and shall be for the benefit of any employee of a registrant damaged by the registrant’s failure to pay wages and fringe benefits, or for the benefit of any employee of a registrant damaged by a violation of Section 2677.5. (4) The person has documented that a current workers’ compensation insurance policy is in effect for the employees of the person seeking registration. (5) The person has paid an initial or renewal registration fee to the commissioner. The fee for initial registration and for each registration renewal shall be established in an amount determined by the Labor Commissioner to be sufficient to defray the costs of administering this part and shall be based on the applicant’s annual volume, but shall be not less than two hundred fifty dollars ($250) and shall be not more than one thousand dollars ($1,000) for contractors and two thousand five hundred dollars ($2,500) for all other registrants. (b) At the time a certificate of registration is originally issued or renewed, the commissioner shall provide related and supplemental information regarding business administration and applicable labor laws. This related and supplemental information, as much as reasonably possible, shall be provided in the primary language of the garment manufacturer. The information shall include all subject matter on which persons seeking registration are examined pursuant to subdivision (c), and shall be available to persons seeking registration prior to taking this examination. (c) Effective January 1, 1991, persons seeking registration under this section for the first time, and persons seeking to renew their registration pursuant to subdivision (f), shall comply with all of the following requirements: (1) Demonstrate, by an oral or written examination, or both, knowledge of the pertinent laws and administrative regulations concerning garment manufacturing as the commissioner deems necessary for the safety and protection of garment workers. (2) Demonstrate, by an oral or written examination, or both, knowledge of state laws and regulations relating to occupational safety and health which shall include, but not be limited to, the following: (A) Section 3203 of Title 8 of the California Code of Regulations (Injury Prevention Program). (B) Section 3220 of Title 8 of the California Code of Regulations (Emergency Action Plan). (C) Section 3221 of Title 8 of the California Code of Regulations (Fire Prevention Plan). (D) Section 6151 of Title 8 of the California Code of Regulations which provides for the placement, use, maintenance, and testing of portable fire extinguishers provided for the use of employees. (3) Sign a statement which provides that he or she shall do all of the following: (A) Comply with those regulations specified in paragraph (2) which establish minimum standards for securing safety in all places of employment. (B) Ensure that all employees are made aware of the existence of these regulations and any other applicable laws and are instructed in how to implement the Injury Prevention Program, Emergency Action Plan, and Fire Prevention Plan, specified in paragraph (2), in the workplace. (C) Ensure that all employees are instructed in the use of portable fire extinguishers. (D) Post the Injury Prevention Program, Emergency Action Plan, and Fire Prevention Plan, specified in paragraph (2), in a prominent location in the workplace. (d) The Division of Occupational Safety and Health shall assist the Division of Labor Standards Enforcement in developing the examination which shall include, but not be limited to, the state’s occupational safety and health laws specified in paragraph (2) of subdivision (c). (e) The commissioner shall charge a fee to persons taking the examinations required by subdivision (c) which is sufficient to pay for costs incurred in administering the examinations. (f) A person seeking renewal of registration shall be required to take both of the examinations, and sign the statement, specified in subdivision (c). However, once a renewal of registration has been granted based on these examinations, subsequent examinations shall only be required at the discretion of the commissioner if, in the preceding year, the registrant has been found to be in violation of subdivision (a) or any of the sections enumerated in that subdivision. (g) Proof of registration shall be by an official Division of Labor Standards Enforcement registration form. Every person, as set forth in Section 2671, shall post the registration form where it may be read by employees during the workday. (h) At least 90 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. The notice shall include all necessary application forms and complete instructions for registration renewal. However, omission of the commissioner to provide notice in accordance with this subdivision shall not excuse a registrant from making timely application for renewal of registration, shall not be a defense in any action or proceeding involving failure to renew registration, and shall not subject the commissioner to any legal liability under this section. (Amended by Stats. 1999, Ch. 554, Sec. 3. Effective January 1, 2000.)
  142. 2675.2.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 11. GARMENT MANUFACTURING [2670 - 2693.1] ( Part 11 added by Stats. 1980, Ch. 633. ) ## CHAPTER 2. Registration [2675 - 2684] ( Chapter 2 added by Stats. 1980, Ch. 633. )

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    The Labor Commissioner may extend a registration for up to 90 days when a renewal application is timely filed but cannot be processed before expiration, if the applicant meets the listed requirements.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 11. GARMENT MANUFACTURING [2670 - 2693.1] ( Part 11 added by Stats. 1980, Ch. 633. ) ## CHAPTER 2. Registration [2675 - 2684] ( Chapter 2 added by Stats. 1980, Ch. 633. ) ## 2675.2. Whenever an application for renewal of registration is received by the Labor Commissioner 30 days prior to the expiration of the registration, and the Labor Commissioner cannot process the application before the expiration date, the Labor Commissioner may extend the registration for no more than 90 days if the applicant has submitted a complete application, owes no outstanding penalties, owes no back wages, meets all applicable bonding requirements, and meets all other requirements for registration. Upon a showing of extenuating circumstances, the Labor Commissioner may provide such an extension with respect to a renewal application not received 30 or more days prior to expiration. (Added by Stats. 1996, Ch. 619, Sec. 2. Effective January 1, 1997.)
  143. 2675.5.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 11. GARMENT MANUFACTURING [2670 - 2693.1] ( Part 11 added by Stats. 1980, Ch. 633. ) ## CHAPTER 2. Registration [2675 - 2684] ( Chapter 2 added by Stats. 1980, Ch. 633. )

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    The commissioner must put $75 of each registrant’s annual registration fee into a separate account, and the Labor Commissioner may use that fund only for eligible wage-and-benefit damage claims and related relief.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 11. GARMENT MANUFACTURING [2670 - 2693.1] ( Part 11 added by Stats. 1980, Ch. 633. ) ## CHAPTER 2. Registration [2675 - 2684] ( Chapter 2 added by Stats. 1980, Ch. 633. ) ## 2675.5. (a) The commissioner shall deposit seventy-five dollars ($75) of each registrant’s annual registration fee, required pursuant to paragraph (5) of subdivision (a) of Section 2675, into one separate account. Funds from the separate account shall be disbursed by the commissioner only to persons determined by the commissioner to have been damaged by the failure to pay wages and benefits by any garment manufacturer, brand guarantor, or contractor. (1) In making these determinations, the Labor Commissioner shall disburse amounts from the fund to ensure the payment of wages and benefits, 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 garment worker by a registered or unregistered garment business. (2) A disbursement shall be made pursuant to a claim for recovery from the fund in accordance with procedures prescribed by the Labor Commissioner. (3) Any disbursed funds subsequently recovered by the Labor Commissioner, pursuant to an assignment of the claim to the commissioner for recovery, including recovery from a surety under a bond pursuant to Section 2675, or otherwise recovered by the Labor Commissioner from a liable party, shall be returned to the separate account. (b) The remainder of each registrant’s annual registration fee not deposited into the special account pursuant to subdivision (a) shall be deposited in a subaccount and applied to costs incurred by the commissioner in administering the provisions of Section 2673.1, Section 2675, and this section, upon appropriation by the Legislature. (Amended by Stats. 2022, Ch. 569, Sec. 40. (AB 156) Effective September 27, 2022.)
  144. 2676.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 11. GARMENT MANUFACTURING [2670 - 2693.1] ( Part 11 added by Stats. 1980, Ch. 633. ) ## CHAPTER 2. Registration [2675 - 2684] ( Chapter 2 added by Stats. 1980, Ch. 633. )

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    A person engaged in garment manufacturing must be registered, unless an exception in Section 2678(d) applies; otherwise, the person is guilty of a misdemeanor.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 11. GARMENT MANUFACTURING [2670 - 2693.1] ( Part 11 added by Stats. 1980, Ch. 633. ) ## CHAPTER 2. Registration [2675 - 2684] ( Chapter 2 added by Stats. 1980, Ch. 633. ) ## 2676. Any person engaged in the business of garment manufacturing who is not registered is guilty of a misdemeanor, except as provided in subdivision (d) of Section 2678. (Amended by Stats. 1998, Ch. 276, Sec. 1. Effective January 1, 1999.)
  145. 2676.5.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 11. GARMENT MANUFACTURING [2670 - 2693.1] ( Part 11 added by Stats. 1980, Ch. 633. ) ## CHAPTER 2. Registration [2675 - 2684] ( Chapter 2 added by Stats. 1980, Ch. 633. )

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    Registered garment manufacturers must display their name, address, and registration number at the business entrance, unless the section does not apply to the location.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 11. GARMENT MANUFACTURING [2670 - 2693.1] ( Part 11 added by Stats. 1980, Ch. 633. ) ## CHAPTER 2. Registration [2675 - 2684] ( Chapter 2 added by Stats. 1980, Ch. 633. ) ## 2676.5. (a) Every person registered as a garment manufacturer shall display on the front entrance of his or her business premise, and also, if the front entrance is within the interior of a building, on or near the main exterior entrance of the building in which his or her business premise is located, his or her name, address, and garment manufacturing registration number, all in letters not less than three inches high. (b) The Labor Commissioner may waive the requirements of this section if he or she finds compliance to be unfeasible due to the design or layout of a business premise. (c) This section shall not apply to a showroom or a building containing a showroom if no garment manufacturing or only incidental garment manufacturing is conducted in the showroom or the building. (d) As used in this section, “showroom” means a room where merchandise is exposed for sale or where samples are displayed. (Added by Stats. 1989, Ch. 140, Sec. 1.)
  146. 2676.55.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 11. GARMENT MANUFACTURING [2670 - 2693.1] ( Part 11 added by Stats. 1980, Ch. 633. ) ## CHAPTER 2. Registration [2675 - 2684] ( Chapter 2 added by Stats. 1980, Ch. 633. )

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    A person who fails to comply with Section 2676.5 can be fined, and the Labor Commissioner may issue a citation.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 11. GARMENT MANUFACTURING [2670 - 2693.1] ( Part 11 added by Stats. 1980, Ch. 633. ) ## CHAPTER 2. Registration [2675 - 2684] ( Chapter 2 added by Stats. 1980, Ch. 633. ) ## 2676.55. (a) Any person who fails to comply with Section 2676.5 shall be subject to a civil penalty, for which a citation may be issued as follows: (1) For an initial citation, one hundred dollars ($100) for each calendar day that the person engages or has engaged in garment manufacturing, as defined in Section 2671, without complying with Section 2676.5. (2) For any subsequent citation, two hundred dollars ($200) for each calendar day that the person engages or has engaged in garment manufacturing, as defined in Section 2671, without complying with Section 2676.5. (b) If, upon inspection or investigation, the Labor Commissioner determines that a person has violated Section 2676.5, the Labor Commissioner may issue a citation to the person in violation. The procedures for issuing, contesting, and enforcing judgments for citations or civil penalties issued by the Labor Commissioner for a violation of Section 2676.5 shall be the same as those set out in Section 2681. (c) The civil penalties provided for in this section are in addition to any other civil or criminal penalty provided by law. (Added by Stats. 2013, Ch. 308, Sec. 1. (AB 1384) Effective January 1, 2014.)
  147. 2676.7.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 11. GARMENT MANUFACTURING [2670 - 2693.1] ( Part 11 added by Stats. 1980, Ch. 633. ) ## CHAPTER 2. Registration [2675 - 2684] ( Chapter 2 added by Stats. 1980, Ch. 633. )

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    Local agencies issuing business licenses or permits for garment manufacturing must require proof that the applicant is registered under this chapter. A person may apply for the license or permit before registering with the commissioner.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 11. GARMENT MANUFACTURING [2670 - 2693.1] ( Part 11 added by Stats. 1980, Ch. 633. ) ## CHAPTER 2. Registration [2675 - 2684] ( Chapter 2 added by Stats. 1980, Ch. 633. ) ## 2676.7. Any local agency which issues business licenses or permits shall require, as a condition of issuing any business license or permit for a garment manufacturing business, proof that the person applying for the license or permit is registered pursuant to this chapter. The official Division of Labor Standards Enforcement registration form issued pursuant to Section 2675 shall constitute proof of registration. A person may apply for a business license or permit prior to registration with the commissioner. (Added by Stats. 1990, Ch. 172, Sec. 1.)
  148. 2677.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 11. GARMENT MANUFACTURING [2670 - 2693.1] ( Part 11 added by Stats. 1980, Ch. 633. ) ## CHAPTER 2. Registration [2675 - 2684] ( Chapter 2 added by Stats. 1980, Ch. 633. )

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    A garment manufacturing business that contracts with an unregistered or uninsured garment manufacturer is treated as an employer and can be jointly liable; affected employees may sue or file a claim with the Labor Commissioner.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 11. GARMENT MANUFACTURING [2670 - 2693.1] ( Part 11 added by Stats. 1980, Ch. 633. ) ## CHAPTER 2. Registration [2675 - 2684] ( Chapter 2 added by Stats. 1980, Ch. 633. ) ## 2677. (a) Any person engaged in the business of garment manufacturing who contracts with any other person similarly engaged who has not registered with the commissioner or does not have a valid bond on file with the commissioner, as required by Section 2675, shall be deemed an employer, and shall be jointly liable with such other person for any violation of Section 2675 and the sections enumerated in that section. (b) Any employee of a person or persons engaged in garment manufacturing who are not registered as required by this part may bring a civil action against any person deemed to be an employer pursuant to subdivision (a) to recover any wages, damages, or penalties to which the employee may be entitled because of a violation by the unregistered person or persons of any provision specified in subdivision (a) of Section 2675, or may file a claim with the Labor Commissioner pursuant to Section 2673.1. In any civil action brought pursuant to this subdivision, the court shall grant a prevailing plaintiff’s reasonable attorney’s fees and costs. (Amended by Stats. 1999, Ch. 554, Sec. 5. Effective January 1, 2000.)
  149. 2677.5.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 11. GARMENT MANUFACTURING [2670 - 2693.1] ( Part 11 added by Stats. 1980, Ch. 633. ) ## CHAPTER 2. Registration [2675 - 2684] ( Chapter 2 added by Stats. 1980, Ch. 633. )

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    A registered person who contracts with another registrant must not engage in business practices that cause or are likely to cause a violation of this chapter.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 11. GARMENT MANUFACTURING [2670 - 2693.1] ( Part 11 added by Stats. 1980, Ch. 633. ) ## CHAPTER 2. Registration [2675 - 2684] ( Chapter 2 added by Stats. 1980, Ch. 633. ) ## 2677.5. It shall be illegal for any person registered pursuant to this chapter and contracting with another registrant to engage in any business practice which causes or is likely to cause a violation of this chapter. (Added by Stats. 1984, Ch. 1564, Sec. 5.)
  150. 2678.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 11. GARMENT MANUFACTURING [2670 - 2693.1] ( Part 11 added by Stats. 1980, Ch. 633. ) ## CHAPTER 2. Registration [2675 - 2684] ( Chapter 2 added by Stats. 1980, Ch. 633. )

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    This section lets a civil penalty be imposed on a person who misses certain garment-industry labor-law obligations, including timely compliance with a judgment, registration requirements, and specified code sections.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 11. GARMENT MANUFACTURING [2670 - 2693.1] ( Part 11 added by Stats. 1980, Ch. 633. ) ## CHAPTER 2. Registration [2675 - 2684] ( Chapter 2 added by Stats. 1980, Ch. 633. ) ## 2678. (a) A penalty, as provided in subdivision (c), may be imposed against any person for any of the following: (1) Failure to comply within 15 days of any judgment due for violation of any labor laws applicable to garment industry workers. (2) Failure to comply with the registration requirements of this part. (3) Failure to comply with Section 2673 or any section enumerated in Section 2675. (b) The order imposing the penalty may be served personally or by registered mail in accordance with subdivision (c) of Section 11505 of the Government Code. The order shall be in writing and shall describe the nature of the violation, including reference to the statutory provisions, rules, or regulations alleged to have been violated. (c) The penalties shall be a civil penalty of one hundred dollars ($100) for each affected employee for the initial violation and a civil penalty of two hundred dollars ($200) for each affected employee for the second or subsequent violation. (d) If a person is subject to civil penalties for a violation described in subdivision (a), but does not employ one or more workers, the civil penalty shall be five hundred dollars ($500), and the person shall not be guilty of a misdemeanor as specified in Section 2676. (Amended by Stats. 1998, Ch. 276, Sec. 2. Effective January 1, 1999.)
  151. 2679.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 11. GARMENT MANUFACTURING [2670 - 2693.1] ( Part 11 added by Stats. 1980, Ch. 633. ) ## CHAPTER 2. Registration [2675 - 2684] ( Chapter 2 added by Stats. 1980, Ch. 633. )

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    The commissioner may require an employer to post a bond to keep registration, and must do so after a second violation within two years.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 11. GARMENT MANUFACTURING [2670 - 2693.1] ( Part 11 added by Stats. 1980, Ch. 633. ) ## CHAPTER 2. Registration [2675 - 2684] ( Chapter 2 added by Stats. 1980, Ch. 633. ) ## 2679. (a) The commissioner, in addition to any civil penalty imposed pursuant to Section 2679, may require that as a condition of continued registration, such employer deposit with him or her within 10 days a bond to ensure payment of wages and benefits in such sum and form as the commissioner may deem sufficient and adequate in the circumstances but not to exceed ten thousand dollars ($10,000). The bond shall be payable to the commissioner and shall provide that the employer shall pay his or her employees in accordance with the provisions of Section 2675. In lieu of the deposit of a bond, the commissioner, in his or her discretion, may accept other evidence of financial security sufficient to guarantee payment of wages to affected employees. (b) The commissioner, in addition to any civil penalty imposed, shall require a bond as set forth in subdivision (a) upon any second or subsequent violation within any two-year period. The commissioner may revoke the registration of any person for any period ranging from 30 days to one year upon a third or subsequent violation within any two-year period and may confiscate any garment or wearing apparel, assembled or partially assembled, if the violation relates to minimum wages, child labor, or maximum hours of labor. If the commissioner does exercise the authority to confiscate upon such a third or subsequent violation, the commissioner shall notify persons for whom assembly is performed and shall provide for the return of such garment owner’s confiscated garments or wearing apparel upon such assumption and satisfaction of liability for the violation. (Added by Stats. 1980, Ch. 633.)
  152. 2680.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 11. GARMENT MANUFACTURING [2670 - 2693.1] ( Part 11 added by Stats. 1980, Ch. 633. ) ## CHAPTER 2. Registration [2675 - 2684] ( Chapter 2 added by Stats. 1980, Ch. 633. )

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    Unregistered garment goods may be confiscated, and the Division must notify the manufacturer and contractor; repeat cases can also lead to confiscation of equipment and property.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 11. GARMENT MANUFACTURING [2670 - 2693.1] ( Part 11 added by Stats. 1980, Ch. 633. ) ## CHAPTER 2. Registration [2675 - 2684] ( Chapter 2 added by Stats. 1980, Ch. 633. ) ## 2680. (a) Any garment or wearing apparel, assembled or partially assembled by or on behalf of any person who has not complied with the registration requirements of this part, may be confiscated by the Division of Labor Standards Enforcement. Garments and wearing apparel confiscated pursuant to this section shall be placed in the custody of the division, which shall be charged with the responsibility of destroying or disposing of them pursuant to regulations adopted under Section 2672, provided that the goods shall not enter the mainstream of commerce and shall not be offered for sale. The division shall, by registered mail and telephone, give notice of the removal and the location where the confiscated goods are held in custody to the known manufacturer and contractor. (b) If the person from whom garments or wearing apparel are confiscated pursuant to subdivision (a) was providing the confiscated garments or wearing apparel as a contractor and has previously, within the immediately preceding five-year period, had garments or wearing apparel confiscated pursuant to subdivision (a), the Labor Commissioner may, in addition to the remedies set forth in subdivision (a), confiscate the means of production, including all manufacturing equipment and the property where the current unregistered garment manufacturing operations have taken place. This subdivision does not apply where nonregistration of the contractor was due to delayed renewal of registration. (c) The proceeds from the sale of any equipment or property under subdivision (b) shall be deposited into a single account in the General Fund, to be known as the Back Wages and Taxes Account. At the Labor Commissioner’s discretion, and upon appropriation by the Legislature, funds from that account may be disbursed to pay back wages owed to garment workers, including, but not limited to, workers of the unregistered contractor whose violation caused the confiscation, and for the payment of taxes. (Amended by Stats. 1999, Ch. 554, Sec. 6. Effective January 1, 2000.)
  153. 2680.5.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 11. GARMENT MANUFACTURING [2670 - 2693.1] ( Part 11 added by Stats. 1980, Ch. 633. ) ## CHAPTER 2. Registration [2675 - 2684] ( Chapter 2 added by Stats. 1980, Ch. 633. )

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    The commissioner may investigate and mediate pricing and quality disputes between garment manufacturers and contractors under written contracts.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 11. GARMENT MANUFACTURING [2670 - 2693.1] ( Part 11 added by Stats. 1980, Ch. 633. ) ## CHAPTER 2. Registration [2675 - 2684] ( Chapter 2 added by Stats. 1980, Ch. 633. ) ## 2680.5. The commissioner shall have the authority to investigate and mediate pricing and quality disputes arising out of written contracts between manufacturers and contractors in the garment industry. (Added by Stats. 1984, Ch. 1564, Sec. 7.)
  154. 2681.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 11. GARMENT MANUFACTURING [2670 - 2693.1] ( Part 11 added by Stats. 1980, Ch. 633. ) ## CHAPTER 2. Registration [2675 - 2684] ( Chapter 2 added by Stats. 1980, Ch. 633. )

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    This section sets deadlines and procedures for paying, contesting, hearing, and entering judgments on citations, penalties, and confiscated goods.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 11. GARMENT MANUFACTURING [2670 - 2693.1] ( Part 11 added by Stats. 1980, Ch. 633. ) ## CHAPTER 2. Registration [2675 - 2684] ( Chapter 2 added by Stats. 1980, Ch. 633. ) ## 2681. (a) Any person against whom a penalty is assessed or whose goods are confiscated shall, in lieu of contesting the penalty or the confiscation pursuant to this section, transmit to the office of the Labor Commissioner designated on the citation the amount specified for the violation within 15 business days after the issuance of the citation. (b) If a person desires to contest an assessment of a penalty or the confiscation of goods, he or she shall, within 15 business days after service of the citation or confiscation of the goods, or both, petition, in writing, the office of the Labor Commissioner which appears on the citation or on the receipt for the confiscated goods of his or her request for an informal hearing. The Labor Commissioner or his or her deputy or agent shall, within 30 days, hold a hearing at the conclusion of which the penalty set forth in the citation or the issue of the confiscation of the goods, or both, shall be affirmed, modified, or dismissed. If confiscated goods are involved, the hearing shall be held within 10 days. The decision of the Labor Commissioner shall consist of a notice of findings, findings, and order which shall be served on all parties to the hearing within 15 days after the hearing by regular first-class mail at the last known address of the party on file with the Labor Commissioner. Service shall be completed pursuant to Section 1013 of the Code of Civil Procedure. Any amount found due by the Labor Commissioner as a result of a hearing shall become due and payable 45 days after notice of the findings and written findings and order have been mailed to the party assessed. A writ of mandate may be taken from this finding to the appropriate superior court, as long as the party agrees to pay any judgment and costs ultimately rendered by the court against the party for the assessment. The writ must be taken within 45 days of service of the notice of findings, findings, and order thereon. (c) When no petition objecting to a citation or the proposed assessment of a civil penalty or confiscation of goods, or both, is filed, a certified copy of the citation or proposed civil penalty may be filed by the Labor Commissioner in the office of the clerk of the superior court in any county in which the person assessed has property or in which the person assessed has or had a place of business. The clerk, immediately upon the filing, shall enter judgment for the state against the person assessed in the amount shown on the citation or proposed assessment of a civil penalty. (d) When findings and the order thereon are made affirming or modifying a citation or proposed assessment of a civil penalty after hearing, a certified copy of these findings and the order entered thereon may be entered by the Labor Commissioner in the office of the clerk of the superior court in any county in which the person assessed has property or in which the person assessed has or had a place of business. The clerk, immediately upon the filing, shall enter judgment for the state against the person assessed in the amount shown on the certified order. (e) A judgment entered pursuant to this section shall bear the same rate of interest and shall have the same effect as other judgments and be given the same preference allowed by law on other judgments rendered for claims for taxes. The clerk shall make no charge for the service provided by this section to be performed by him or her. (Repealed and added by Stats. 1988, Ch. 96, Sec. 12.)
  155. 2682.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 11. GARMENT MANUFACTURING [2670 - 2693.1] ( Part 11 added by Stats. 1980, Ch. 633. ) ## CHAPTER 2. Registration [2675 - 2684] ( Chapter 2 added by Stats. 1980, Ch. 633. )

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    Money recovered under this chapter must be used first to pay wages owed to affected employees.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 11. GARMENT MANUFACTURING [2670 - 2693.1] ( Part 11 added by Stats. 1980, Ch. 633. ) ## CHAPTER 2. Registration [2675 - 2684] ( Chapter 2 added by Stats. 1980, Ch. 633. ) ## 2682. Moneys recovered under this chapter shall be applied first to payment of wages due affected employees. If insufficient funds are withheld or recovered, the money shall be prorated among all such workers. Any remainder shall be paid to the General Fund of the state. (Added by Stats. 1980, Ch. 633.)
  156. 2684.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 11. GARMENT MANUFACTURING [2670 - 2693.1] ( Part 11 added by Stats. 1980, Ch. 633. ) ## CHAPTER 2. Registration [2675 - 2684] ( Chapter 2 added by Stats. 1980, Ch. 633. )

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    A successor employer in garment manufacturing can be liable for the predecessor’s unpaid wages if listed ownership, workforce, management, or family-related conditions are met.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 11. GARMENT MANUFACTURING [2670 - 2693.1] ( Part 11 added by Stats. 1980, Ch. 633. ) ## CHAPTER 2. Registration [2675 - 2684] ( Chapter 2 added by Stats. 1980, Ch. 633. ) ## 2684. (a) The Legislature finds and declares that persons who are primarily engaged in sewing or assembly of garments for other persons engaged in garment manufacturing frequently close down their sewing shops to avoid paying their employees’ wages and subsequently reopen under the conditions described in subdivision (b), and are more likely to do so than are other types of persons engaged in garment manufacturing. (b) A successor to any employer that is primarily engaged in sewing or assembly of garments for other persons engaged in the business of garment manufacturing, as defined by subdivision (b) of Section 2671, that owes wages to the predecessor’s former employee or employees is liable for those wages if the successor meets any of the following criteria: (1) Uses substantially the same facilities or work force to produce substantially the same products for substantially the same type of customers as the predecessor employer. (2) Shares in the ownership, management, control of labor relations, or interrelations of business operations with the predecessor employer. (3) Has in its employ 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. (4) Is an immediate family member of any owner, partner, officer, or director of the predecessor employer or of any person who had a financial interest in the predecessor employer. This section does not impose liability upon a successor for the guarantee of unpaid minimum wages and overtime compensation set forth in subdivision (a) or (b) of Section 2673.1. (Added by Stats. 1999, Ch. 554, Sec. 7. Effective January 1, 2000.)
  157. 2685.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 11. GARMENT MANUFACTURING [2670 - 2693.1] ( Part 11 added by Stats. 1980, Ch. 633. ) ## CHAPTER 3. Arbitration [2685 - 2692] ( Chapter 3 added by Stats. 1980, Ch. 633. )

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    The commissioner must set up procedures for mandatory arbitration of certain pricing and product quality disputes.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 11. GARMENT MANUFACTURING [2670 - 2693.1] ( Part 11 added by Stats. 1980, Ch. 633. ) ## CHAPTER 3. Arbitration [2685 - 2692] ( Chapter 3 added by Stats. 1980, Ch. 633. ) ## 2685. The commissioner shall establish, in accordance with the provisions of this chapter, procedures for mandatory arbitration of pricing and product quality disputes arising out of written contracts between manufacturers and contractors. (Added by Stats. 1980, Ch. 633.)
  158. 2686.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 11. GARMENT MANUFACTURING [2670 - 2693.1] ( Part 11 added by Stats. 1980, Ch. 633. ) ## CHAPTER 3. Arbitration [2685 - 2692] ( Chapter 3 added by Stats. 1980, Ch. 633. )

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    If a manufacturer or contractor makes a written request, the California State Mediation and Conciliation Service must notify the other party and appoint an arbitration panel within seven days.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 11. GARMENT MANUFACTURING [2670 - 2693.1] ( Part 11 added by Stats. 1980, Ch. 633. ) ## CHAPTER 3. Arbitration [2685 - 2692] ( Chapter 3 added by Stats. 1980, Ch. 633. ) ## 2686. Upon the written request of any manufacturer or contractor, the California State Mediation and Conciliation Service shall notify the other party to the dispute of the request for arbitration and shall, within seven days of receipt of the request, appoint an arbitration panel to hear and render a decision regarding the dispute. The panel shall be constituted as follows: (a) A management level representative from a manufacturer in the general geographic area in which the dispute arises, provided that insofar as possible the manufacturer shall not be a direct competitor of the manufacturer involved in the dispute to be arbitrated. This panel member also shall be selected in accordance with the terms of the written contract. (b) A representative from the contractors’ association whose membership encompasses the general geographic area in which the dispute arises. This panel member also shall be selected in accordance with the terms of the written contract. (c) A third party to be chosen and agreed upon by the first two parties to the dispute from a list of arbitrators provided by the American Arbitration Association. This party shall act as chairperson of the panel. (Amended by Stats. 2012, Ch. 46, Sec. 99. (SB 1038) Effective June 27, 2012.)
  159. 2687.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 11. GARMENT MANUFACTURING [2670 - 2693.1] ( Part 11 added by Stats. 1980, Ch. 633. ) ## CHAPTER 3. Arbitration [2685 - 2692] ( Chapter 3 added by Stats. 1980, Ch. 633. )

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    The panel chairperson must give the parties written notice of the hearing details within 7 days of appointment.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 11. GARMENT MANUFACTURING [2670 - 2693.1] ( Part 11 added by Stats. 1980, Ch. 633. ) ## CHAPTER 3. Arbitration [2685 - 2692] ( Chapter 3 added by Stats. 1980, Ch. 633. ) ## 2687. Within seven days of appointment, the chairperson of the panel shall notify the parties in writing of the date, time, and location of the hearing before the panel. The hearing date shall be scheduled no later than 21 days after the filing of the request for arbitration, provided, however, that each party shall have no less than five days notice prior to the hearing date. (Added by Stats. 1980, Ch. 633.)
  160. 2688.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 11. GARMENT MANUFACTURING [2670 - 2693.1] ( Part 11 added by Stats. 1980, Ch. 633. ) ## CHAPTER 3. Arbitration [2685 - 2692] ( Chapter 3 added by Stats. 1980, Ch. 633. )

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    The chairperson must convene the hearing at the noticed time and decide whether each party is represented.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 11. GARMENT MANUFACTURING [2670 - 2693.1] ( Part 11 added by Stats. 1980, Ch. 633. ) ## CHAPTER 3. Arbitration [2685 - 2692] ( Chapter 3 added by Stats. 1980, Ch. 633. ) ## 2688. On the date and time specified in the hearing notice, the chairperson shall convene the hearing and shall determine whether each party is represented. If neither party is represented, the arbitration shall be terminated, with costs assigned to the party requesting arbitration, and the parties shall forfeit any further rights under this section relating to the dispute for which arbitration was requested. In the event only one party is in attendance, the arbitration shall proceed and the panel shall make its award based upon the evidence presented. Appearance at the hearing by a party shall be deemed to waive any alleged defect in notice. (Added by Stats. 1980, Ch. 633.)
  161. 2689.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 11. GARMENT MANUFACTURING [2670 - 2693.1] ( Part 11 added by Stats. 1980, Ch. 633. ) ## CHAPTER 3. Arbitration [2685 - 2692] ( Chapter 3 added by Stats. 1980, Ch. 633. )

    Verify source ↗

    This section sets hearing procedures, including subpoena power, attorney representation at a party’s expense, oath requirements, limited attendance, and a possible short period for late evidence.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 11. GARMENT MANUFACTURING [2670 - 2693.1] ( Part 11 added by Stats. 1980, Ch. 633. ) ## CHAPTER 3. Arbitration [2685 - 2692] ( Chapter 3 added by Stats. 1980, Ch. 633. ) ## 2689. To facilitate the conduct of the hearing, the following procedures shall govern: (a) Upon good cause shown by a party, the chairperson shall be empowered to issue subpoenae duces tecum and ad testificandum. (b) Each party may be represented by an attorney at the party’s own expense. (c) The formal rules of evidence shall not be applicable, but any relevant evidence shall be admitted if it is evidence upon which responsible persons would rely in the conduct of serious business affairs. (d) All testimony shall be taken under oath. (e) No formal written records shall be kept unless one or both parties agree to employ at their own expense a qualified court reporter for that purpose. In such case, a copy of the record shall be provided to the panel and a copy shall be made available to the other party at the standard cost for such additional copies. (f) Those in attendance at the hearing shall be limited to the panel, the parties and their counsel, a court reporter, interpreters when requested by a party or the panel, and witnesses while testifying. (g) Upon the request of a panel member, the panel may allow a period, not to exceed three days following the conclusion of the hearing, during which time a party may submit otherwise admissible evidence not available during the course of the hearing. (Added by Stats. 1980, Ch. 633.)
  162. 2690.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 11. GARMENT MANUFACTURING [2670 - 2693.1] ( Part 11 added by Stats. 1980, Ch. 633. ) ## CHAPTER 3. Arbitration [2685 - 2692] ( Chapter 3 added by Stats. 1980, Ch. 633. )

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    The panel must issue a written arbitration award within 15 days after the hearing ends and immediately give written notice to the parties and the commissioner.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 11. GARMENT MANUFACTURING [2670 - 2693.1] ( Part 11 added by Stats. 1980, Ch. 633. ) ## CHAPTER 3. Arbitration [2685 - 2692] ( Chapter 3 added by Stats. 1980, Ch. 633. ) ## 2690. Within 15 days after the conclusion of the hearing, the panel shall make a written award, which shall determine all questions submitted for arbitration. All decisions of the panel shall be by majority vote and the award shall be signed by the members concurring therein. The panel immediately shall provide written notice of the award to the parties and to the commissioner. (Added by Stats. 1980, Ch. 633.)
  163. 2691.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 11. GARMENT MANUFACTURING [2670 - 2693.1] ( Part 11 added by Stats. 1980, Ch. 633. ) ## CHAPTER 3. Arbitration [2685 - 2692] ( Chapter 3 added by Stats. 1980, Ch. 633. )

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    Within 10 days after notice of the award, the party or parties who must comply must either comply and file proof with the commissioner or file a notice of appeal with the superior court.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 11. GARMENT MANUFACTURING [2670 - 2693.1] ( Part 11 added by Stats. 1980, Ch. 633. ) ## CHAPTER 3. Arbitration [2685 - 2692] ( Chapter 3 added by Stats. 1980, Ch. 633. ) ## 2691. Within 10 days of receipt of notice of the award, the party or parties who are required to comply with the terms of the award shall so comply and file proof of such compliance with the commissioner or shall file a notice of appeal with the superior court for the county in which the hearing was held. Upon the filing of such an appeal, a trial de novo shall be held, provided, however, that the decision reached by the panel as stated in the award shall be received as evidence by the trial court. (Amended by Stats. 2002, Ch. 784, Sec. 525. Effective January 1, 2003.)
  164. 2692.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 11. GARMENT MANUFACTURING [2670 - 2693.1] ( Part 11 added by Stats. 1980, Ch. 633. ) ## CHAPTER 3. Arbitration [2685 - 2692] ( Chapter 3 added by Stats. 1980, Ch. 633. )

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    Arbitration costs are generally shared equally, but the panel can shift all costs or certain extra costs to the party requesting arbitration if the matter is frivolous.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 11. GARMENT MANUFACTURING [2670 - 2693.1] ( Part 11 added by Stats. 1980, Ch. 633. ) ## CHAPTER 3. Arbitration [2685 - 2692] ( Chapter 3 added by Stats. 1980, Ch. 633. ) ## 2692. The basic costs of the arbitration proceeding, including interpreters requested by the panel, shall be borne equally by all parties to the proceeding, provided, however, that the panel may as a part of its award impose all such costs on the party requesting arbitration if a majority of the panel determines that the matter brought before it was frivolous. In addition, in the case of a frivolous claim the panel may impose upon the party requesting arbitration the costs of translators, court reporters, and reasonable attorneys fees incurred by the other party. (Added by Stats. 1980, Ch. 633.)
  165. 2693.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 11. GARMENT MANUFACTURING [2670 - 2693.1] ( Part 11 added by Stats. 1980, Ch. 633. ) ## CHAPTER 4. Garment worker wage claim pilot program [2693 - 2693.1] ( Chapter 4 added by Stats. 2021, Ch. 78, Sec. 5. )

    Verify source ↗

    The Legislature states that the garment industry has serious wage and health-and-safety violations, and that some workers cannot easily access advocates to help vindicate their rights.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 11. GARMENT MANUFACTURING [2670 - 2693.1] ( Part 11 added by Stats. 1980, Ch. 633. ) ## CHAPTER 4. Garment worker wage claim pilot program [2693 - 2693.1] ( Chapter 4 added by Stats. 2021, Ch. 78, Sec. 5. ) ## 2693. The Legislature finds and declares that the garment industry is rife with both egregious wage violations and flagrant health and safety violations, both of which have been allowed to proliferate in the pandemic, leading to the deaths of dozens of garment workers. However, not all workers who experience these violations have access to advocates in order to vindicate their rights, due to the limited capacity of legal aid and community-based organizations. (Added by Stats. 2021, Ch. 78, Sec. 5. (AB 138) Effective July 16, 2021.)
  166. 2693.1.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 11. GARMENT MANUFACTURING [2670 - 2693.1] ( Part 11 added by Stats. 1980, Ch. 633. ) ## CHAPTER 4. Garment worker wage claim pilot program [2693 - 2693.1] ( Chapter 4 added by Stats. 2021, Ch. 78, Sec. 5. )

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    The Department of Industrial Relations must set up and run a Garment Worker Wage Claim Pilot Program if the Legislature appropriates funds.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 11. GARMENT MANUFACTURING [2670 - 2693.1] ( Part 11 added by Stats. 1980, Ch. 633. ) ## CHAPTER 4. Garment worker wage claim pilot program [2693 - 2693.1] ( Chapter 4 added by Stats. 2021, Ch. 78, Sec. 5. ) ## 2693.1. (a) Upon appropriation by the Legislature, the Department of Industrial Relations shall establish and maintain a Garment Worker Wage Claim Pilot Program. The Department shall contract to provide resources to qualified organizations. The funds shall be used to increase the capacity and expertise of qualified organizations to improve the education of wage violations to garment workers and the securing of wage claims for garment workers who bring forward a wage claim pursuant to Section 2673.1. The program shall include, but not be limited to, all of the following: (1) Education for garment workers including, but not limited to, minimum wage, overtime, sick leave, recordkeeping, wage adjudication, and retaliation. (2) Direct assistance by a worker advocate to assist workers who seek to file a wage claim. (3) Legal assistance to garment workers who seek to file a wage claim. (b) All education and services provided in this section shall be at free and accessible to any garment worker in the State of California. (c) For the purposes of this chapter, “qualified organization” means a legal aid or community-based nonprofit organization that has a minimum of five years experience working with garment workers, advocating on behalf of garment workers, and a successful record of winning wage claims on behalf of garment workers that have been filed with the Division of Labor Standards Enforcement. (Added by Stats. 2021, Ch. 78, Sec. 5. (AB 138) Effective July 16, 2021.)
  167. 2695.1.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 12. SHEEPHERDERS AND GOAT HERDERS [2695.1 - 2695.4] ( Heading of Part 12 amended by Stats. 2023, Ch. 196, Sec. 18. )

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    This section says California intends to create labor protections for sheepherders, defines “sheepherder,” and requires the Department of Industrial Relations to update Wage Order No. 14-2001 to match this section and related sections, while keeping any stronger existing protections in place.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 12. SHEEPHERDERS AND GOAT HERDERS [2695.1 - 2695.4] ( Heading of Part 12 amended by Stats. 2023, Ch. 196, Sec. 18. ) ## 2695.1. (a) It is the intent of the Legislature to codify certain labor protections that should be afforded to sheepherders. The provisions of this section are in addition to, and are entirely independent from, any other statutory or legal protections, rights, or remedies that are or may be available under this code or any other state law or regulation to sheepherders either as individuals, employees, or persons. (b) All terms used in this section and in Section 2695.2 have the meanings assigned to them by this code or any other state law or regulation. (c) The Department of Industrial Relations shall update Wage Order No. 14-2001 to be consistent with this section and Sections 2695.2, 2695.3, and 2695.4, except that any existing provision in Wage Order No. 14-2001 that provides greater protections or benefits to sheepherders or goat herders shall continue in full force and effect, notwithstanding any provision of this section, Section 2695.2, Section 2695.3, or Section 2695.4. (d) For purposes of this section and Section 2695.2, “sheepherder” means an individual who is employed to do any of the following, including with the use of trained dogs: (1) Tend herds of sheep grazing or browsing on range or pasture. (2) Move sheep to and about an area assigned for grazing or browsing. (3) Prevent sheep from wandering or becoming lost. (4) Protect sheep against predators and the eating of poisonous plants. (5) Assist in the lambing, docking, or shearing of sheep. (6) Provide water or feed supplementary rations to sheep. (Amended by Stats. 2022, Ch. 569, Sec. 41. (AB 156) Effective September 27, 2022.)
  168. 2695.2.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 12. SHEEPHERDERS AND GOAT HERDERS [2695.1 - 2695.4] ( Heading of Part 12 amended by Stats. 2023, Ch. 196, Sec. 18. )

    Verify source ↗

    This section sets special pay, break, tools, lodging, and notice rules for employers of sheepherders, and it adds civil penalties for violations.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 12. SHEEPHERDERS AND GOAT HERDERS [2695.1 - 2695.4] ( Heading of Part 12 amended by Stats. 2023, Ch. 196, Sec. 18. ) ## 2695.2. (a) (1) For a sheepherder employed on a regularly scheduled 24-hour shift on a seven-day-a-week “on-call” basis, an employer may, as an alternative to paying the minimum wage for all hours worked, instead pay no less than the monthly minimum wage adopted by the Industrial Welfare Commission on April 24, 2001. Any sheepherder who performs nonsheepherding work on any workday shall be fully covered for that workweek by the provisions of any applicable laws or regulations relating to that work. (2) After July 1, 2002, the amount of the monthly minimum wage permitted under paragraph (1) shall be increased each time that the state minimum wage is increased and shall become effective on the same date as any increase in the state minimum wage. The amount of the increase shall be determined by calculating the percentage increase of the new rate over the previous rate, and then by applying the same percentage increase to the minimum monthly wage rate. (3) An employer shall not credit meals or lodging against the minimum wage owed to sheepherders under this subdivision. Every employer shall provide to each sheepherder not less than the minimum monthly meal and lodging benefits required to be provided by employers of sheepherders under the provisions of the H-2A visa program of the federal Immigration and Nationality Act (8 U.S.C. Section 1101, et seq.) or any successor provisions. (b) (1) When tools or equipment are required by the employer or are necessary to the performance of a job, the tools and equipment shall be provided and maintained by the employer, except that a sheepherder whose wages are at least two times the minimum wage provided herein, or if paid on a monthly basis, at least two times the monthly minimum wage, may be required to provide and maintain handtools and equipment customarily required by the trade or craft. (2) A reasonable deposit may be required as security for the return of the items furnished by the employer under provisions of paragraph (1) upon issuance of a receipt to the sheepherder for the deposit. The deposits shall be made pursuant to Article 2 (commencing with Section 400) of Chapter 3. Alternatively, with the prior written authorization of the sheepherder, an employer may deduct from the sheepherder’s last check the cost of any item furnished pursuant to paragraph (1) when the item is not returned. No deduction shall be made at any time for normal wear and tear. All items furnished by the employer shall be returned by the sheepherder upon completion of the job. (c) No employer of sheepherders shall employ a sheepherder for a work period of more than five hours without a meal period of no less than 30 minutes, except that when a work period of not more than six hours will complete a day’s work, the meal period may be waived by the mutual consent of the employer and the sheepherder. An employer may be relieved of this obligation if a meal period of 30 minutes cannot reasonably be provided because no one is available to relieve a sheepherder tending flock alone on that day. Where a meal period of 30 minutes can be provided but not without interruption, a sheepherder shall be allowed to complete the meal period during that day. (d) To the extent practicable, every employer shall authorize and permit all sheepherders to take rest periods. The rest period, insofar as is practicable, shall be in the middle of each work period. The authorized rest times shall be based on the total hours worked daily at the rate of 10 minutes net rest time per four hours, or major fraction thereof, of work. However, a rest period need not be authorized for sheepherders whose total daily worktime is less than three and one-half hours. (e) When the nature of the work reasonably permits the use of seats, suitable seats shall be provided for sheepherders working on or at a machine. (f) After January 1, 2003, during times when a sheepherder is lodged in mobile housing units where it is feasible to provide lodging that meets the minimum standards established by this section because there is practicable access for mobile housing units, the lodging provided shall include at a minimum all of the following: (1) Toilets and bathing facilities, which may include portable toilets and portable shower facilities. (2) Heating. (3) Inside lighting. (4) Potable hot and cold water. (5) Adequate cooking facilities and utensils. (6) A working refrigerator, which may include a butane or propane gas refrigerator, or for no more than a one-week period during which a nonworking refrigerator is repaired or replaced, a means of refrigerating perishable food items, which may include ice chests, provided that ice is delivered to the sheepherder, as needed, to maintain a continuous temperature required to retard spoilage and ensure food safety. (g) After January 1, 2003, all sheepherders shall be provided with all of the following at each worksite: (1) Regular mail service. (2) A means of communication through telephone or radio solely for use in a medical emergency affecting the sheepherder or for an emergency relating to the herding operation. If the means of communication is provided by telephone, the sheepherder may be charged for the actual cost of nonemergency telephone use. Nothing in this paragraph shall preclude an employer from providing additional means of communication to the sheepherder which are appropriate because telephones or radios are out of range or otherwise inoperable. (3) Visitor access to the housing. (4) Upon request and to the extent practicable, access to transportation to and from the nearest locale where shopping, medical, or cultural facilities and services are available on a weekly basis. (h) In addition to any other civil penalties provided by law, any employer or any other person acting on behalf of the employer who violates or causes to be violated the provisions of this section shall be subject to a civil penalty, as follows: (1) For the initial violation, one hundred dollars ($100) for each underpaid employee for each pay period during which the employee was underpaid, plus an amount sufficient to recover the unpaid wages. (2) For any subsequent violation, two hundred and fifty dollars ($250) for each underpaid employee for each pay period during which the employee was underpaid, plus an amount sufficient to recover the unpaid wages. (3) The affected employee shall receive payment of all wages recovered. (i) If the application of any provision of any subdivision, sentence, clause, phrase, word, or portion of this legislation is held invalid, unconstitutional, unauthorized, or prohibited by statute, the remaining provisions thereof shall not be affected and shall continue to be given full force and effect as if the part held invalid or unconstitutional had not been included. (j) Every employer of sheepherders shall post a copy of this part in an area frequented by sheepherders where it may be easily read during the workday. Where the location of work or other conditions make posting impractical, every employer shall make a copy of this part available to sheepherders upon request. Copies of this part shall be posted and made available in a language understood by the sheepherder. An employer is deemed to have complied with this subdivision if the employer posts where practical, or makes available upon request where posting is impractical, a copy of the Industrial Welfare Commission Order 14-2001, updated pursuant to subdivision (c) of Section 2695.1, relating to sheepherders, provided that the posted material includes a sufficient summary of each of the provisions of this part. (Amended by Stats. 2022, Ch. 569, Sec. 42. (AB 156) Effective September 27, 2022.)
  169. 2695.3.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 12. SHEEPHERDERS AND GOAT HERDERS [2695.1 - 2695.4] ( Heading of Part 12 amended by Stats. 2023, Ch. 196, Sec. 18. )

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    This section requires the Department of Industrial Relations to report on employment of sheepherders and goat herders in California by January 1, 2026, and to consult stakeholders while preparing it.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 12. SHEEPHERDERS AND GOAT HERDERS [2695.1 - 2695.4] ( Heading of Part 12 amended by Stats. 2023, Ch. 196, Sec. 18. ) ## 2695.3. (a) It is the intent of the Legislature to codify certain labor protections that should be afforded to goat herders. The provisions of this section are in addition to, and are entirely independent from, any other statutory or legal protections, rights, or remedies that are or may be available under this code or any other state law or regulation to goat herders either as individuals, employees, or persons. (b) All terms used in this section and in Section 2695.4 have the meanings assigned to them by this code or any other state law or regulation. (c) On or before January 1, 2026, the Department of Industrial Relations, in consultation with the Employment Development Department, shall issue a report, pursuant to Section 9795 of the Government Code, to the Legislature on employment of sheepherders and goat herders in California. In preparing the report, the agency shall consult with stakeholders, including, but limited to, sheepherder and goat herder employers and employees. The report shall, at a minimum, cover the following information: (1) The results of the consultations with stakeholders, including sheepherder and goat herder employers and employees. (2) Wage violations, including minimum wage and overtime, and compliance with the labor standards in Sections 2695.2 and 2695.4. (3) Demographic information on the employment of sheepherders and goat herders, including the number of employers and number of employees. (4) The use of H-2A visas in sheepherding and goat herding. (d) For purposes of this section and Section 2695.4, “goat herder” means an individual who is employed to do any of the following, including with the use of trained dogs: (1) Tend herds of goats grazing or browsing on range or pasture. (2) Move goats to and about an area assigned for grazing or browsing. (3) Prevent goats from wandering or becoming lost. (4) Protect goats against predators and the eating of poisonous plants. (5) Assist in the kidding of goats. (6) Provide water or feed supplementary rations to goats. (e) This section shall remain in effect only until July 1, 2026, and as of that date is repealed. (Amended by Stats. 2023, Ch. 196, Sec. 19. (SB 143) Effective September 13, 2023. Repealed as of July 1, 2026, by its own provisions.)
  170. 2695.4.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 12. SHEEPHERDERS AND GOAT HERDERS [2695.1 - 2695.4] ( Heading of Part 12 amended by Stats. 2023, Ch. 196, Sec. 18. )

    Verify source ↗

    This section sets special wage, meal, rest, housing, equipment, and posting rules for employers of goat herders, and it includes civil penalties for violations.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 12. SHEEPHERDERS AND GOAT HERDERS [2695.1 - 2695.4] ( Heading of Part 12 amended by Stats. 2023, Ch. 196, Sec. 18. ) ## 2695.4. (a) (1) For a goat herder employed on a regularly scheduled 24-hour shift on a seven-day-a-week “on-call” basis, an employer may, as an alternative to paying the minimum wage for all hours worked, instead pay no less than the monthly minimum wage specified in Section 4(E) of Wage Order No. 14-2001 of the Industrial Welfare Commission. Any goat herder who performs non-goat-herding work on any workday shall be fully covered for that workweek by the provisions of any applicable laws or regulations relating to that work. (2) The amount of the monthly minimum wage permitted under paragraph (1) shall be increased each time that the state minimum wage is increased and shall become effective on the same date as any increase in the state minimum wage. The amount of the increase shall be determined by calculating the percentage increase of the new rate over the previous rate, and then by applying the same percentage increase to the minimum monthly wage rate. (3) An employer shall not credit meals or lodging against the minimum wage owed to goat herders under this subdivision. Every employer shall provide to each goat herder not less than the minimum monthly meal and lodging benefits required to be provided by employers of goat herders under the provisions of the H-2A visa program of the federal Immigration and Nationality Act (8 U.S.C. Section 1101) or any successor provisions. (b) (1) When tools or equipment are required by the employer or are necessary to the performance of a job, the tools and equipment shall be provided and maintained by the employer, except that a goat herder whose wages are at least two times the minimum wage provided herein, or if paid on a monthly basis, at least two times the monthly minimum wage, may be required to provide and maintain handtools and equipment customarily required by the trade or craft. (2) A reasonable deposit may be required as security for the return of the items furnished by the employer under provisions of paragraph (1) upon issuance of a receipt to the goat herder for the deposit. The deposits shall be made pursuant to Article 2 (commencing with Section 400) of Chapter 3 of Part 1. Alternatively, with the prior written authorization of the goat herder, an employer may deduct from the goat herder’s last check the cost of any item furnished pursuant to paragraph (1) when the item is not returned. No deduction shall be made at any time for normal wear and tear. All items furnished by the employer shall be returned by the goat herder upon completion of the job. (c) No employer of goat herders shall employ a goat herder for a work period of more than five hours without a meal period of no less than 30 minutes, except that when a work period of not more than six hours will complete a day’s work, the meal period may be waived by the mutual consent of the employer and the goat herder. An employer may be relieved of this obligation if a meal period of 30 minutes cannot reasonably be provided because no one is available to relieve a goat herder tending flock alone on that day. Where a meal period of 30 minutes can be provided but not without interruption, a goat herder shall be allowed to complete the meal period during that day. (d) To the extent practicable, every employer shall authorize and permit all goat herders to take rest periods. The rest period, insofar as is practicable, shall be in the middle of each work period. The authorized rest times shall be based on the total hours worked daily at the rate of 10 minutes net rest time per four hours, or major fraction thereof, of work. However, a rest period need not be authorized for goat herders whose total daily worktime is less than three and one-half hours. (e) When the nature of the work reasonably permits the use of seats, suitable seats shall be provided for goat herders working on or at a machine. (f) During times when a goat herder is lodged in mobile housing units where it is feasible to provide lodging that meets the minimum standards established by this section because there is practicable access for mobile housing units, the lodging provided shall include at a minimum all of the following: (1) Toilets and bathing facilities, which may include portable toilets and portable shower facilities. (2) Heating. (3) Inside lighting. (4) Potable hot and cold water. (5) Adequate cooking facilities and utensils. (6) A working refrigerator, which may include a butane or propane gas refrigerator, or for no more than a one-week period during which a nonworking refrigerator is repaired or replaced, a means of refrigerating perishable food items, which may include ice chests, provided that ice is delivered to the sheepherder, as needed, to maintain a continuous temperature required to retard spoilage and ensure food safety. (g) All goat herders shall be provided with all of the following at each worksite: (1) Regular mail service. (2) (A) A means of communication through telephone or radio solely for use in a medical emergency affecting the goat herder or for an emergency relating to the herding operation. If the means of communication is provided by telephone, the goat herder may be charged for the actual cost of nonemergency telephone use, except where prohibited by Section 2802. (B) Nothing in this paragraph shall preclude an employer from providing additional means of communication to the goat herder which are appropriate because telephones or radios are out of range or otherwise inoperable (3) Visitor access to the housing. (4) Upon request and to the extent practicable, access to transportation to and from the nearest locale where shopping, medical, or cultural facilities and services are available on a weekly basis. (h) In addition to any other civil penalties provided by law, any employer or any other person acting on behalf of the employer who violates or causes to be violated the provisions of this section shall be subject to a civil penalty, as follows: (1) For the initial violation, one hundred dollars ($100) for each underpaid employee for each pay period during which the employee was underpaid, plus an amount sufficient to recover the unpaid wages. (2) For any subsequent violation, two hundred fifty dollars ($250) for each underpaid employee for each pay period during which the employee was underpaid, plus an amount sufficient to recover the unpaid wages. (3) The affected employee shall receive payment of all wages recovered. (i) If the application of any provision of any subdivision, sentence, clause, phrase, word, or portion of this legislation is held invalid, unconstitutional, unauthorized, or prohibited by statute, the remaining provisions thereof shall not be affected and shall continue to be given full force and effect as if the part held invalid or unconstitutional had not been included. (j) Every employer of goat herders shall post a copy of this part in an area frequented by goat herders where it may be easily read during the workday. Where the location of work or other conditions make posting impractical, every employer shall make a copy of this part available to goat herders upon request. Copies of this part shall be posted and made available in a language understood by the goat herder. An employer is deemed to have complied with this subdivision if the employer posts where practical, or makes available upon request where posting is impractical, a copy of the Industrial Welfare Commission Order 14-2001, updated pursuant to subdivision (c) of Section 2695.1, relating to goat herders, provided that the posted material includes a sufficient summary of each of the provisions of this part. (k) This section shall remain in effect only until July 1, 2026, and as of that date is repealed. (Amended by Stats. 2023, Ch. 196, Sec. 20. (SB 143) Effective September 13, 2023. Repealed as of July 1, 2026, by its own provisions.)
  171. 2698.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 13. THE LABOR CODE PRIVATE ATTORNEYS GENERAL ACT OF 2004 [2698 - 2699.8] ( Part 13 added by Stats. 2003, Ch. 906, Sec. 2. )

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    This section says the part is known as the Labor Code Private Attorneys General Act of 2004 and may be cited that way.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 13. THE LABOR CODE PRIVATE ATTORNEYS GENERAL ACT OF 2004 [2698 - 2699.8] ( Part 13 added by Stats. 2003, Ch. 906, Sec. 2. ) ## 2698. This part shall be known and may be cited as the Labor Code Private Attorneys General Act of 2004. (Added by Stats. 2003, Ch. 906, Sec. 2. Effective January 1, 2004.)
  172. 2699.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 13. THE LABOR CODE PRIVATE ATTORNEYS GENERAL ACT OF 2004 [2698 - 2699.8] ( Part 13 added by Stats. 2003, Ch. 906, Sec. 2. )

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    This section lets an aggrieved employee bring a civil action to recover certain Labor Code civil penalties and seek injunctive relief, subject to detailed notice, cure, and penalty rules.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 13. THE LABOR CODE PRIVATE ATTORNEYS GENERAL ACT OF 2004 [2698 - 2699.8] ( Part 13 added by Stats. 2003, Ch. 906, Sec. 2. ) ## 2699. (a) Notwithstanding any other provision of law, any provision of this code that provides for a civil penalty to be assessed and collected by the Labor and Workforce Development Agency or any of its departments, divisions, commissions, boards, agencies, or employees, for a violation of this code, may, as an alternative, be recovered through a civil action brought by an aggrieved employee on behalf of the employee and other current or former employees against whom a violation of the same provision was committed pursuant to the procedures specified in Section 2699.3. (b) For purposes of this part, “person” has the same meaning as defined in Section 18. (c) (1) For purposes of this part, “aggrieved employee” means any person who was employed by the alleged violator and personally suffered each of the violations alleged during the period prescribed under Section 340 of the Code of Civil Procedure, except that for purposes of actions brought pursuant to paragraph (2), “aggrieved employee” means any person who was employed by the alleged violator against whom one or more of the alleged violations was committed within the period prescribed under Section 340 of the Code of Civil Procedure. (2) Notwithstanding paragraph (1), a nonprofit legal aid organization that has obtained Section 501(c)(3) tax-exempt status, is a qualified legal services project or qualified support center, as defined in Section 6213 of the Business and Professions Code, and has served as counsel of record in civil actions under this part for at least five years prior to January 1, 2025, may file a civil action pursuant to this part as counsel of record for an aggrieved employee on behalf of the employee and one or more current or former employees against whom one or more of the alleged violations was committed. Nothing in this provision establishes standing for the nonprofit legal aid organization as a party in the civil action. (d) (1) For purposes of subdivisions (c) and (f) of Section 2699.3, and except for violations of subdivision (a) of Section 226, “cure” means that the employer corrects the violation alleged by the aggrieved employee, is in compliance with the underlying statutes specified in the notice required by this part, and each aggrieved employee is made whole. An employee who is owed wages is made whole when the employee has received an amount sufficient to recover any owed unpaid wages due under the underlying statutes specified in the notice dating back three years from the date of the notice, plus 7 percent interest, any liquidated damages as required by statute, and reasonable lodestar attorney’s fees and costs to be determined by the agency or the court. In case of a dispute over the amount of unpaid wages due, nothing in this part prohibits an employer from curing the alleged violations by paying amounts sufficient to cover any unpaid wages that the agency or court determine could reasonably be owed to the aggrieved employees based on the violations alleged in the notice. (2) (A) A violation of paragraph (8) of subdivision (a) of Section 226 shall be considered cured only upon a showing that the employer has provided written notice of the correct information to each aggrieved employee. Such notice may be provided in summary form but shall identify correct information for each pay period in which a violation occurred. (B) A violation of paragraphs (1) to (7), inclusive, and (9) of subdivision (a) of Section 226 shall be considered cured only upon a showing that the employer has provided, at no cost to the employee, a fully compliant, itemized wage statement or, if such information is customarily provided in digital form, reasonable access to a digital or computer-generated record or records maintained in the ordinary course of business containing the same information required on a fully compliant, itemized wage statement, to each aggrieved employee for each pay period during which the violation occurred during the three years prior to the date of the notice. Nothing in this subdivision will impact any right the employee has to request copies of employment records pursuant to Sections 226, 432, and 1198.5. (e) (1) For purposes of this part, whenever the Labor and Workforce Development Agency, or any of its departments, divisions, commissions, boards, agencies, or employees, has discretion to assess a civil penalty or seek injunctive relief, a court is authorized to exercise the same discretion, subject to the same limitations and conditions, to assess a civil penalty and award injunctive relief. (2) In any action by an aggrieved employee seeking recovery of a civil penalty available under subdivision (a) or (f), a court may award a lesser amount than the maximum civil penalty amount specified by this part, including the penalty amounts in subdivisions (g) and (h), or may, notwithstanding the limitations set forth in subdivisions (g) and (h) exceed the limitations set forth in those subdivisions, if, based on the facts and circumstances of the particular case, to do otherwise would result in an award that is unjust, arbitrary and oppressive, or confiscatory. (f) For all provisions of this code except those for which a civil penalty is specifically provided, there is established a civil penalty for a violation of these provisions, as follows: (1) If, at the time of the alleged violation, the person does not employ one or more employees, the civil penalty is five hundred dollars ($500). (2) If, at the time of the alleged violation, the person employs one or more employees, the civil penalty is as follows: (A) One hundred dollars ($100) for each aggrieved employee per pay period, except that: (i) If, at the time of the alleged violation, the person employs one or more employees, and the alleged violation is a violation of paragraphs (1) to (7), inclusive, or paragraph (9) of subdivision (a) of Section 226, the only civil penalty applicable under this part is twenty-five dollars ($25) for each aggrieved employee per pay period if the employee could promptly and easily determine from the wage statement alone the accurate information specified by subdivision (a) of Section 226. If the alleged violation is a violation of paragraph (8) of subdivision (a) of Section 226, the civil penalty applicable under this part for the violation is twenty-five dollars ($25) for each aggrieved employee per pay period if the employee would not be confused or misled about the correct identity of their employer or, if their employer is a farm labor contractor, the legal entity that secured the services of that employer. This subdivision does not apply if the employer has failed to provide an itemized payroll statement during any of the pay periods at issue. (ii) The civil penalty is fifty dollars ($50) for each aggrieved employee per pay period if the alleged violation resulted from an isolated, nonrecurring event that did not extend beyond the lesser of 30 consecutive days or four consecutive pay periods. (B) The civil penalty is two hundred dollars ($200) for each aggrieved employee per pay period if either of the following are met: (i) Within the five years preceding the alleged violation, the agency or any court issued a finding or determination to the employer that its policy or practice giving rise to the violation was unlawful. (ii) The court determines that the employer’s conduct giving rise to the violation was malicious, fraudulent, or oppressive. (3) If the alleged violation is a failure to act by the Labor and Workforce Development Agency, or any of its departments, divisions, commissions, boards, agencies, or employees, there shall be no civil penalty. (g) (1) In any civil action under this part for an alleged violation of this code, if, prior to receiving the notice of violation required by Section 2699.3, or prior to receiving a request for records pursuant to Section 226, 432, or 1198.5 from the aggrieved employee or the employee’s counsel, the person alleged to have committed the noticed violation has taken all reasonable steps to be in compliance with all provisions identified in the notice, the civil penalty that may be recovered in a civil action pursuant to this part shall not be more than 15 percent of the penalty sought under subdivision (a) or (f). (2) For purposes of paragraph (1), “all reasonable steps” may include, but are not limited to, any of the following: conducted periodic payroll audits and took action in response to the results of the audit, disseminated lawful written policies, trained supervisors on applicable Labor Code and wage order compliance, or took appropriate corrective action with regard to supervisors. Whether the employer’s conduct was reasonable shall be evaluated by the totality of the circumstances and take into consideration the size and resources available to the employer, and the nature, severity, and duration of the alleged violations. The existence of a violation, despite the steps taken, is insufficient to establish that an employer failed to take all reasonable steps. (3) Paragraph (1) does not apply if the civil penalty recovered is recovered pursuant to subparagraph (B) of paragraph (2) of subdivision (f). (h) (1) In any civil action under this part for an alleged violation of this code, if within 60 days after receiving the notice of violation required by Section 2699.3, the person alleged to have committed the noticed violation has taken all reasonable steps to prospectively be in compliance with all provisions identified in the notice, the civil penalty that may be recovered in a civil action under this part shall not be more than 30 percent of the penalty sought under subdivision (a) or (f). (2) For purposes of paragraph (1), “all reasonable steps” may include, but are not limited to, taking an action to initiate any of the following: conduct an audit of the alleged violations and take action in response to the results of the audit, disseminate lawful written policies as to the alleged violations, train supervisors on applicable Labor Code and wage order compliance, or take appropriate corrective action with regard to supervisors. Whether the employer’s conduct was reasonable shall be evaluated by the totality of the circumstances and take into consideration the size and resources available to the employer, and the nature, severity and duration of the alleged violations. The existence of a violation, despite the steps taken, is insufficient to establish that an employer failed to take all reasonable steps. (3) Paragraph (1) does not apply if the civil penalty recovered is recovered pursuant to subparagraph (B) of paragraph (2) of subdivision (f). (i) An aggrieved employee shall not collect a civil penalty for any violation of Sections 201, 202, 203, of the Labor Code, or for a violation of Section 204 that is not willful or intentional, or a violation of Section 226 that is not knowing or intentional or a failure to provide a wage statement, that is in addition to the civil penalty collected by that aggrieved employee for the underlying unpaid wage violation. Nothing in this part or in paragraph (2) of subdivision (e) shall prevent a court, in awarding a civil penalty, from reducing the penalty for any alleged violation if the same conduct or omission resulted in multiple violations of this code. (j) An employer who satisfies subdivision (g) or (h) and cures a violation shall not be required to pay a civil penalty for that violation. An employer who cures a violation of subdivision (a) of Section 226 as set forth above shall not be required to pay a civil penalty for that violation. Any other employer shall pay a civil penalty of no more than fifteen dollars ($15) per employee per pay period for the statute of limitations set forth in Section 340 of the Code of Civil Procedure for any violations that the employer cures. (k) (1) Except as provided in paragraph (2), an aggrieved employee may recover the civil penalty described in subdivision (f) and may be awarded injunctive relief in a civil action pursuant to the procedures specified in Section 2699.3 filed on behalf of the employee and other current or former employees against whom a violation of the same provision was committed. Any employee who prevails in any action shall be entitled to an award of reasonable attorney’s fees and costs, including any filing fee paid pursuant to subparagraph (B) of paragraph (1) of subdivision (a) or subparagraph (B) of paragraph (1) of subdivision (c) of Section 2699.3. Nothing in this part shall operate to limit an employee’s right to pursue or recover other remedies available under state or federal law, either separately or concurrently with an action taken under this part. (2) No action shall be brought under this part for any violation of a posting, notice, agency reporting, or filing requirement of this code, except if the filing or reporting requirement involves mandatory payroll or workplace injury reporting. (l) No action may be brought under this section by an aggrieved employee if the agency or any of its departments, divisions, commissions, boards, agencies, or employees, on the same facts and theories, cites a person within the timeframes set forth in Section 2699.3 for a violation of the same section or sections of the Labor Code under which the aggrieved employee is attempting to recover a civil penalty on behalf of the employee or others or initiates a proceeding pursuant to Section 98.3. (m) Except as provided in subdivision (n), civil penalties recovered by aggrieved employees shall be distributed as follows: 65 percent to the Labor and Workforce Development Agency for enforcement of labor laws, including the administration of this part, and for education of employers and employees about their rights and responsibilities under this code, to be continuously appropriated to supplement and not supplant the funding to the agency for those purposes; and 35 percent to the aggrieved employees. (n) Civil penalties recovered under paragraph (1) of subdivision (f) shall be distributed to the Labor and Workforce Development Agency for enforcement of labor laws, including the administration of this part, and for education of employers and employees about their rights and responsibilities under this code, to be continuously appropriated to supplement and not supplant the funding to the agency for those purposes. (o) For purposes of this section, the penalty recovered pursuant to this part shall be reduced by one-half if the employees’ regular pay period is weekly rather than biweekly or semimonthly. (p) The superior court may limit the evidence to be presented at trial or otherwise limit the scope of any claim filed pursuant to this part to ensure that the claim can be effectively tried. (q) Nothing in this part shall prevent a court from consolidating or coordinating civil actions filed pursuant to this part alleging legally or factually overlapping violations against the same employer. (r) Nothing contained in this part is intended to alter or otherwise affect the exclusive remedy provided by the workers’ compensation provisions of this code for liability against an employer for the compensation for any injury to or death of an employee arising out of and in the course of employment. (s) (1) For cases filed on or after July 1, 2016, the aggrieved employee or representative shall, within 10 days following commencement of a civil action pursuant to this part, provide the Labor and Workforce Development Agency with a file-stamped copy of the complaint that includes the case number assigned by the court. (2) The superior court shall review and approve any settlement of any civil action filed pursuant to this part. The proposed settlement shall be submitted to the agency at the same time that it is submitted to the court. (3) A copy of the superior court’s judgment in any civil action filed pursuant to this part and any other order in that action that either provides for or denies an award of civil penalties under this code shall be submitted to the agency within 10 days after entry of the judgment or order. (4) Items required to be submitted to the Labor and Workforce Development Agency under this subdivision or to the Division of Occupational Safety and Health pursuant to paragraph (4) of subdivision (b) of Section 2699.3, shall be transmitted online through the same system established for the filing of notices and requests under subdivisions (a) and (c) of Section 2699.3. (t) This section shall not apply to the recovery of administrative and civil penalties in connection with the workers’ compensation law as contained in Division 1 (commencing with Section 50) and Division 4 (commencing with Section 3200), including, but not limited to, Sections 129.5 and 132a. (u) The agency or any of its departments, divisions, commissions, boards, or agencies may promulgate regulations to implement the provisions of this part. (v) (1) Except as provided in paragraph (2), the amendments made to this section by the act adding this subdivision shall apply to a civil action brought on or after June 19, 2024. (2) The amendments made to this section by the act adding this subdivision shall not apply to a civil action with respect to which the notice required by subparagraph (A) of paragraph (1) of subdivision (a), paragraph (1) of subdivision (b), or subparagraph (A) of paragraph (1) of subdivision (c) of Section 2699.3 was filed before June 19, 2024. (Amended by Stats. 2025, Ch. 67, Sec. 134. (AB 1170) Effective January 1, 2026.)
  173. 2699.3.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 13. THE LABOR CODE PRIVATE ATTORNEYS GENERAL ACT OF 2004 [2698 - 2699.8] ( Part 13 added by Stats. 2003, Ch. 906, Sec. 2. )

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    This section sets notice, waiting-period, cure, and settlement-review steps that must be followed before certain aggrieved-employee civil actions can begin.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 13. THE LABOR CODE PRIVATE ATTORNEYS GENERAL ACT OF 2004 [2698 - 2699.8] ( Part 13 added by Stats. 2003, Ch. 906, Sec. 2. ) ## 2699.3. (a) A civil action by an aggrieved employee pursuant to subdivision (a) or (f) of Section 2699 alleging a violation of any provision listed in Section 2699.5 shall commence only after the following requirements have been met: (1) (A) The aggrieved employee or representative shall give written notice by online filing with the Labor and Workforce Development Agency and by certified mail to the employer of the specific provisions of this code alleged to have been violated, including the facts and theories to support the alleged violation. (B) A notice filed with the Labor and Workforce Development Agency pursuant to subparagraph (A) and any employer response to that notice shall be accompanied by a filing fee of seventy-five dollars ($75). The fees required by this subparagraph are subject to waiver in accordance with the requirements of Sections 68632 and 68633 of the Government Code. (C) The fees paid pursuant to subparagraph (B) shall be paid into the Labor and Workforce Development Fund and used for the purposes specified in subdivision (n) of Section 2699. (2) (A) The agency shall notify the employer and the aggrieved employee or representative by certified mail that it does not intend to investigate the alleged violation within 60 calendar days of the postmark date of the notice received pursuant to paragraph (1). Upon receipt of that notice or if no notice is provided within 65 calendar days of the postmark date of the notice given pursuant to paragraph (1), the aggrieved employee may commence a civil action pursuant to Section 2699. (B) If the agency intends to investigate the alleged violation, it shall notify the employer and the aggrieved employee or representative by certified mail of its decision within 65 calendar days of the postmark date of the notice received pursuant to paragraph (1). Within 120 calendar days of that decision, the agency may investigate the alleged violation and issue any appropriate citation. If the agency determines that no citation will be issued, it shall notify the employer and aggrieved employee of that decision within five business days thereof by certified mail. Upon receipt of that notice or if no citation is issued by the agency within the time limits prescribed by subparagraph (A) and this subparagraph or if the agency fails to provide timely or any notification, the aggrieved employee may commence a civil action pursuant to Section 2699. (C) Notwithstanding any other provision of law, a plaintiff may as a matter of right amend an existing complaint to add a cause of action arising under this part at any time within 60 days of the time periods specified in this part. (b) A civil action by an aggrieved employee pursuant to subdivision (a) or (f) of Section 2699 alleging a violation of any provision of Division 5 (commencing with Section 6300) other than those listed in Section 2699.5 shall commence only after the following requirements have been met: (1) The aggrieved employee or representative shall give notice by online filing with the Division of Occupational Safety and Health and by certified mail to the employer, with a copy to the Labor and Workforce Development Agency, of the specific provisions of Division 5 (commencing with Section 6300) alleged to have been violated, including the facts and theories to support the alleged violation. (2) (A) The division shall inspect or investigate the alleged violation pursuant to the procedures specified in Division 5 (commencing with Section 6300). (i) If the division issues a citation, the employee may not commence an action pursuant to Section 2699. The division shall notify the aggrieved employee and employer in writing within 14 calendar days of certifying that the employer has corrected the violation. (ii) If by the end of the period for inspection or investigation provided for in Section 6317, the division fails to issue a citation and the aggrieved employee disputes that decision, the employee may challenge that decision in the superior court. In such an action, the superior court shall follow precedents of the Occupational Safety and Health Appeals Board. If the court finds that the division should have issued a citation and orders the division to issue a citation, then the aggrieved employee may not commence a civil action pursuant to Section 2699. (iii) A complaint in superior court alleging a violation of Division 5 (commencing with Section 6300) other than those listed in Section 2699.5 shall include therewith a copy of the notice of violation provided to the division and employer pursuant to paragraph (1). (iv) The superior court shall not dismiss the action for nonmaterial differences in facts or theories between those contained in the notice of violation provided to the division and employer pursuant to paragraph (1) and the complaint filed with the court. (B) If the division fails to inspect or investigate the alleged violation as provided by Section 6309, the provisions of subdivision (c) shall apply to the determination of the alleged violation. (3) (A) Nothing in this subdivision shall be construed to alter the authority of the division to permit long-term abatement periods or to enter into memoranda of understanding or joint agreements with employers in the case of long-term abatement issues. (B) Nothing in this subdivision shall be construed to authorize an employee to file a notice or to commence a civil action pursuant to Section 2699 during the period that an employer has voluntarily entered into consultation with the division to ameliorate a condition in that particular worksite. (C) An employer who has been provided notice pursuant to this section may not then enter into consultation with the division in order to avoid an action under this section. (4) The superior court shall review and approve any proposed settlement of alleged violations of the provisions of Division 5 (commencing with Section 6300) to ensure that the settlement provisions are at least as effective as the protections or remedies provided by state and federal law or regulation for the alleged violation. The provisions of the settlement relating to health and safety laws shall be submitted to the division at the same time that they are submitted to the court. This requirement shall be construed to authorize and permit the division to comment on those settlement provisions, and the court shall grant the division’s commentary the appropriate weight. (c) A civil action by an aggrieved employee pursuant to subdivision (a) or (f) of Section 2699 alleging a violation of any provision other than those listed in Section 2699.5 or Division 5 (commencing with Section 6300) shall commence only after the following requirements have been met: (1) (A) The aggrieved employee or representative shall give written notice by online filing with the Labor and Workforce Development Agency and by certified mail to the employer of the specific provisions of this code alleged to have been violated, including the facts and theories to support the alleged violation. (B) A notice filed with the Labor and Workforce Development Agency pursuant to subparagraph (A) and any employer response to that notice shall be accompanied by a filing fee of seventy-five dollars ($75). The fees required by this subparagraph are subject to waiver in accordance with the requirements of Sections 68632 and 68633 of the Government Code. (C) The fees paid pursuant to subparagraph (B) shall be paid into the Labor and Workforce Development Fund and used for the purposes specified in subdivision (n) of Section 2699. (D) If the employer is not eligible for the processes in paragraphs (2) or (3) or chooses not to utilize those processes, the agency shall notify the employer and the aggrieved employee or representative by certified mail that it does not intend to investigate the alleged violation within 60 calendar days of the postmark date of the notice received pursuant to subparagraph (A). Upon receipt of that notice or if no notice is provided within 65 calendar days of the postmark date of the notice given pursuant to subparagraph (A), the aggrieved employee may commence a civil action pursuant to Section 2699. (E) If the agency intends to investigate the alleged violation, it shall notify the employer and the aggrieved employee or representative by certified mail of its decision within 65 calendar days of the postmark date of the notice received pursuant to subparagraph (A). Within 120 calendar days of that decision, the agency may investigate the alleged violation and issue any appropriate citation. If the agency determines that no citation will be issued, it shall notify the employer and aggrieved employee of that decision within five business days thereof by certified mail. Upon receipt of that notice or if no citation is issued by the agency within the time limits prescribed by subparagraph (D) and this subparagraph or if the agency fails to provide timely or any notification, the aggrieved employee may commence a civil action pursuant to Section 2699. (2) (A) Within 33 days of receipt of the notice sent by the aggrieved employee or representative, an employer that employed fewer than 100 employees in total during the period covered by the notice may submit to the agency a confidential proposal to cure one or more of the alleged violations. The employer shall specify which of the alleged violations it proposes to cure. (B) If the cure is facially sufficient or if a conference is necessary to determine if a sufficient cure is possible, then within 14 days after receipt of the employer’s proposal, the agency may set a conference with the parties, to be conducted no more than 30 days thereafter, to determine whether the proposed cure is sufficient, what additional information may be necessary to evaluate the sufficiency of the cure, and the deadline agreed upon by the parties for the employer to complete the cure. If the cure includes the payment of unpaid wages, the agency shall also determine at the conference whether to request the employer pay the proposed cure amount, including any wages and liquidated damages due and 7 percent interest, into escrow or shall provide such other form of security as the agency deems suitable. Any such conference may be electronic, telephonic, or in person. If the agency determines that the cure is not facially sufficient or does not act upon the employer’s cure proposal, the employee may proceed with a civil action under this part after 65 calendar days from sending the notice required by this subdivision, unless this time is extended by the agency, provided that such time shall not be extended to more than 120 calendar days after notice is sent. However, the employer shall be entitled to file a request for a stay and early evaluation conference as set forth in subdivision (f). (C) On or before the agreed upon deadline to cure, but no more than 45 days after the conference, the employer shall complete the cure and provide a sworn notification to the employee and agency that the cure is completed, accompanied by a payroll audit and check register if the violation involves a payment obligation. This notification shall also include any information the parties deemed necessary to determine the sufficiency of the cure. The agency shall verify whether the cure is complete within 20 days of receiving the employer’s notification. If the agency review procedure under this section extends beyond the 65-day period set forth in this section, the statute of limitation on the alleged violations shall remain tolled until that procedure has been completed. (D) If the agency preliminarily determines that the alleged violation has been cured, it shall notify the aggrieved employee and, if requested by the aggrieved employee, shall set a hearing within 30 days of such determination. The agency shall issue an order no more than 20 days after the hearing providing a determination whether the cure is adequate and the reasons for its determination. If the agency determines that the alleged violation has been cured, the aggrieved employee may not proceed with a civil action. If the aggrieved employee disagrees with the cure determination, the aggrieved employee may appeal that determination to the superior court. Any amounts paid by the employer to the aggrieved employees exclusive of penalties under this section to cure the alleged violation shall be offset against any judgment later entered with respect to that violation, if the superior court concludes the agency abused its discretion in finding that the employer’s cure was adequate. (E) No cure or proposal to cure pursuant to this paragraph may be deemed an admission of liability by the employer that submitted the proposed cure. Any cure proposal shall be deemed a confidential settlement proposal subject to Section 1152 of the Evidence Code. (F) Nothing in this paragraph prohibits an employer from independently remedying any violations or prevents the parties from agreeing to their own mediation process. (3) If the only alleged violation the employer seeks to cure is a violation of Section 226, the following procedure shall apply: (A) The employer may cure the alleged violation within 33 calendar days of the postmark date of the notice sent by the aggrieved employee or representative. The employer shall give written notice within that period of time by certified mail to the aggrieved employee or representative and by online filing with the agency if the alleged violation is cured, including a description of actions taken, and no civil action pursuant to Section 2699 may commence. If the alleged violation is not cured within the 33-day period, the employee may commence a civil action pursuant to Section 2699. (B) If the aggrieved employee disputes that the alleged violation of Section 226 has been cured, the aggrieved employee or representative shall provide written notice by online filing with the agency and by certified mail to the employer, including specified grounds to support that dispute, to the employer and the agency. Within 17 calendar days of the receipt of that notice, the agency shall review the actions taken by the employer to cure the alleged violation, and provide written notice of its decision by certified mail to the aggrieved employee and the employer. The agency may grant the employer three additional business days to cure the alleged violation. If the agency determines that the alleged violation has not been cured or if the agency fails to provide timely or any notification, the employee may proceed with the civil action pursuant to Section 2699. If the agency determines that the alleged violation has been cured, but the employee still disagrees, the employee may appeal that determination to the superior court. (d) No employer shall avail itself of the notice and cure provisions of this section more than one time in a 12-month period for violations of the same provisions set forth in the notice, regardless of the location of the worksite or if it has been served with a prior notice pursuant to this part alleging the same violation that it did not cure. (e) The periods specified in this section are not counted as part of the time limited for the commencement of the civil action to recover penalties under this part. (f) (1) (A) Notwithstanding any other law, an employer not covered by subparagraph (A) of paragraph (2) of subdivision (c), upon being served with a summons and complaint asserting a claim under subdivision (a) or (f) of Section 2699, may file a request for an early evaluation conference in the proceedings of the claim and a request for a stay of court proceedings prior to or simultaneous with that defendant’s responsive pleading or other initial appearance in the action that includes the claim. (B) The purpose of the evaluation conference shall include, but not be limited to, evaluation of all of the following, as applicable: (i) Whether any of the alleged violations occurred and if so, whether the defendant has cured the alleged violations. (ii) The strengths and weaknesses of the plaintiff’s claims and the defendant’s defenses. (iii) Whether plaintiff’s claims, including any claim for penalties or injunctive relief, can be settled in whole or in part. (iv) Whether the parties should share other information that may facilitate early evaluation and resolution of the dispute. (2) A request for an early evaluation conference by a defendant pursuant to paragraph (1) shall include a statement regarding whether the defendant intends to cure any or all of the alleged violations, specify the alleged violations it will cure, if applicable, and identify the allegations it disputes. (3) Upon the filing of a request for an early evaluation conference by a defendant and, if requested, a stay of proceedings, a court shall stay the proceedings and issue an order that does the following, absent good cause for denying defendant’s request in whole or in part: (A) Schedules a mandatory early evaluation conference for a date as soon as possible from the date of the order but in no event later than 70 days after issuance of the order. (B) Directs a defendant that has filed a statement that it intends to cure any or all of the alleged violations to submit confidentially to the neutral evaluator and serve on the plaintiff, within 21 days after issuance of the order, the employer’s proposed plan to cure those violations. (C) Directs a defendant that is disputing any alleged violations to submit to the neutral evaluator and serve on the plaintiff a confidential statement that includes for use solely for the early evaluation conference, the basis and evidence for disputing those alleged violations. (D) Directs the parties to appear at the time set for the conference. (E) Directs the plaintiff to submit to the neutral evaluator and serve on the defendant no more than 21 days after service of defendant’s proposed cure plan, a confidential statement that includes, to the extent reasonably known, for use solely for the purpose of the early evaluation conference, all of the following: (i) The factual basis for each of the alleged violations. (ii) The amount of penalties claimed for each violation if any, and the basis for that calculation. (iii) The amount of attorney’s fees and costs incurred to date, if any, that are being claimed. (iv) Any demand for settlement of the case in its entirety. (v) The basis for accepting or not accepting the employer’s proposed plan for curing any or all alleged violations. (4) If the neutral evaluator accepts the employer’s proposed plan for curing any or all alleged violations, the defendant shall present evidence within 10 calendar days or such longer period as agreed by the parties or set by the neutral evaluator, demonstrating that the cure has been accomplished. If the defendant indicated it would cure any alleged violations and fails to timely submit the required evidence showing correction of the violation or violations to neutral evaluator and plaintiff, the early evaluation process and any stay may be terminated by the court. (5) If the neutral evaluator and the parties agree that the employer has cured the alleged violations that it stated an intention to cure, the parties shall jointly submit a statement to the court setting forth the terms of their agreement. (6) If no other alleged violations remain in dispute, the parties and the court shall treat the parties’ submission as a proposed settlement pursuant to the terms and procedures set forth in subdivision (l) of Section 2699. (7) If other alleged violations remain in dispute, the court shall have discretion to defer consideration of the parties’ agreement until after further litigation proceedings. (8) In calculating any penalties owed under this part for any violations that the employer promptly cured pursuant to this section, the court shall determine the applicability of subdivision (j), paragraph (2) of subdivision (e), paragraph (1) of subdivision (g), and paragraph (1) of subdivision (h) of Section 2699, and the court shall consider that the violations were cured without the need for extended litigation. (9) If the neutral evaluator or plaintiff does not agree that the employer has cured the alleged violations that it stated an intention to cure, the employer may file a motion to request the court to approve the cure and submit evidence showing correction of the alleged violations. The court may request further briefing and evidentiary submissions from the parties in response to that motion and evidence. (10) All statements or evidence submitted for purposes of the early evaluation conference and all discussions at the early evaluation conference shall be subject to Section 1152 of the Evidence Code. (11) The early evaluation process shall not extend beyond 30 days unless parties mutually agree to extend time. (12) Early evaluation conferences shall be conducted by a judge or commissioner or such other person knowledgeable about and experienced with issues arising under the code whom the court shall designate. (13) Nothing in this subdivision affects or modifies the inadmissibility of evidence regarding offers of compromise pursuant to Section 1152 of the Evidence Code, including, but not limited to, inadmissibility to prove injury or damage. (14) Nothing in this subdivision prohibits an employer from independently curing any violations or prevents the parties from agreeing to their own mediation process. Nor does anything in this section prohibit an employer covered by subparagraph (A) of paragraph (2) of subdivision (c) from requesting an early evaluation conference under such other terms and conditions as the court makes available to other litigants. (15) Nothing in this subdivision shall preclude a court from ordering appropriate injunctive relief pursuant to paragraph (1) of subdivision (e) of Section 2699. (16) Nothing in this subdivision limits the court’s obligation to approve settlements under this part. (g) This section shall become operative October 1, 2024. (Amended by Stats. 2025, Ch. 67, Sec. 135. (AB 1170) Effective January 1, 2026.)
  174. 2699.5.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 13. THE LABOR CODE PRIVATE ATTORNEYS GENERAL ACT OF 2004 [2698 - 2699.8] ( Part 13 added by Stats. 2003, Ch. 906, Sec. 2. )

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    This section says certain Labor Code provisions are subject to Section 2699.3 in alleged violation cases, with special applicability rules for civil actions around June 19, 2024.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 13. THE LABOR CODE PRIVATE ATTORNEYS GENERAL ACT OF 2004 [2698 - 2699.8] ( Part 13 added by Stats. 2003, Ch. 906, Sec. 2. ) ## 2699.5. (a) The provisions of subdivision (a) of Section 2699.3 apply to any alleged violation of the following provisions: subdivision (k) of Section 96, Sections 98.6, 201, 201.3, 201.5, 201.7, 202, 203, 203.1, 203.5, 204, 204a, 204b, 204.1, 204.2, 205, 205.5, 206, 206.5, 208, 209, and 212, subdivision (d) of Section 213, Sections 221, 222, 222.5, 223, 224, 230, 230.1, 230.2, 230.3, 230.4, 230.7, 230.8, and 231, subdivision (c) of Section 232, subdivision (c) of Section 232.5, Sections 233, 234, 351, 353, and 403, subdivision (b) of Section 404, Sections 432.2, 432.5, 432.7, 435, 450, 511, 551, 552, 601, 602, 603, 604, 750, 751.8, 800, 850, 851, 851.5, 852, 921, 922, 923, 970, 973, 976, 1021, 1021.5, 1025, 1026, 1101, 1102, 1102.5, and 1153, subdivisions (c) and (d) of Section 1174, Sections 1197.5, and 1198, subdivision (b) of Section 1198.3, Sections 1199, 1199.5, 1290, 1292, 1293, 1293.1, 1294, 1294.1, 1294.5, 1296, 1297, 1298, 1301, 1308, 1308.1, 1308.7, 1309, 1309.5, 1391, 1391.1, 1391.2, 1392, 1683, and 1695, subdivision (a) of Section 1695.5, Sections 1695.55, 1695.6, 1695.7, 1695.8, 1695.9, 1696, 1696.5, 1696.6, 1697.1, 1700.25, 1700.26, 1700.31, 1700.32, 1700.40, and 1700.47, Sections 1735, 1771, 1774, 1776, 1777.5, 1811, 1815, 2651, and 2673, subdivision (a) of Section 2673.1, Sections 2695.2, 2801, 2806, and 2810, subdivision (b) of Section 2929, and Sections 3073.6, 6310, 6311, and 6399.7. (b) (1) Except as provided in paragraph (2), the amendments made to this section by the act adding this subdivision shall apply to a civil action brought on or after June 19, 2024. (2) The amendments made to this section by the act adding this subdivision shall not apply to a civil action with respect to which the notice required by subparagraph (A) of paragraph (1) of subdivision (a), paragraph (1) of subdivision (b), or subparagraph (A) of paragraph (1) of subdivision (c) of Section 2699.3 was filed before June 19, 2024. (Amended by Stats. 2024, Ch. 45, Sec. 3. (SB 92) Effective July 1, 2024.)
  175. 2699.6.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 13. THE LABOR CODE PRIVATE ATTORNEYS GENERAL ACT OF 2004 [2698 - 2699.8] ( Part 13 added by Stats. 2003, Ch. 906, Sec. 2. )

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    This section exempts certain construction-industry employees covered by a qualifying collective bargaining agreement from this part, and it preserves other civil actions except a Section 2699 civil action.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 13. THE LABOR CODE PRIVATE ATTORNEYS GENERAL ACT OF 2004 [2698 - 2699.8] ( Part 13 added by Stats. 2003, Ch. 906, Sec. 2. ) ## 2699.6. (a) This part shall not apply to an employee in the construction industry with respect to work performed under a valid collective bargaining agreement that expressly provides for the wages, hours of work, and working conditions of employees, premium wage rates for all overtime hours worked, and for the employee to receive a regular hourly pay rate of not less than 30 percent more than the state minimum wage rate, and the agreement does all of the following: (1) Prohibits all of the violations of this code that would be redressable pursuant to this part and provides for a grievance and binding arbitration procedure to redress those violations. (2) Expressly waives the requirements of this part in clear and unambiguous terms. (3) Authorizes the arbitrator to award any and all remedies otherwise available under this code, provided that nothing in this section authorizes the award of penalties under this part that would be payable to the Labor and Workforce Development Agency. (b) Except for a civil action under Section 2699, this section does not preclude an employee from pursuing any other civil action against an employer, including, but not limited to, an action for a violation of the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code), Title VII of the Civil Rights Act of 1964 (Public Law 88-352), or any other prohibition of discrimination or harassment. (c) For purposes of this section, “employee in the construction industry” means an employee performing work associated with construction, including work involving alteration, demolition, building, excavation, renovation, remodeling, maintenance, improvement, repair work, and any other work as described by Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code, and other similar or related occupations or trades. (d) This section shall remain in effect only until January 1, 2038, and as of that date is repealed. (Amended by Stats. 2024, Ch. 803, Sec. 1. (AB 1034) Effective January 1, 2025. Repealed as of January 1, 2038, by its own provisions.)
  176. 2699.8.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 13. THE LABOR CODE PRIVATE ATTORNEYS GENERAL ACT OF 2004 [2698 - 2699.8] ( Part 13 added by Stats. 2003, Ch. 906, Sec. 2. )

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    This section creates a temporary exception for certain janitorial workers covered by qualifying collective bargaining agreements, and requires qualifying janitorial contractors to send specified agreement information to the Labor and Workforce Development Agency within 60 days.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 13. THE LABOR CODE PRIVATE ATTORNEYS GENERAL ACT OF 2004 [2698 - 2699.8] ( Part 13 added by Stats. 2003, Ch. 906, Sec. 2. ) ## 2699.8. (a) This part shall not apply to a janitorial employee represented by a labor organization that has represented janitors before January 1, 2021, and employed by a janitorial contractor who registered as a property service employer pursuant to Section 1423 in calendar year 2020, with respect to work performed under a valid collective bargaining agreement in effect any time before July 1, 2028, that expressly provides for the wages, hours of work, and working conditions of employees, provides premium wage rates for all overtime hours worked, and does all of the following: (1) Requires the employer to pay all nonprobationary workers working in certain worksites, defined in an applicable collective bargaining agreement, total hourly compensation, inclusive of wages, health insurance, pension, training, vacation, holiday, and fringe benefit funds, amounting to not less than 30 percent more than the state minimum wage rate. (2) Prohibits all of the violations of this code that would be redressable pursuant to this part, provides for a grievance and binding arbitration procedure to redress those violations, and allows the labor organization to pursue a grievance on behalf of all affected employees. (3) Expressly waives the requirements of this part in clear and unambiguous terms. (4) Authorizes the arbitrator to award any and all remedies otherwise available under this code, provided that nothing in this section authorizes the award of penalties under this part that would be payable to the Labor and Workforce Development Agency. (b) Except for a civil action under Section 2699, nothing in this section precludes an employee from pursuing any other civil action against an employer, including, but not limited to, an action for a violation of the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code), Title VII of the Civil Rights Act of 1964 (Public Law 88-352), or any other prohibition of discrimination or harassment. (c) Any janitorial contractor who has entered into an agreement that meets the criteria in subdivision (a) above shall, within 60 days of entering the agreement, share with the Labor and Workforce Development Agency the following information: (1) The name of the janitorial contractor. (2) The name of the labor organization. (3) The number of employees covered by the agreement. (4) The duration of the agreement. (d) The exception provided by this section shall expire on the date the collective bargaining agreement expires or on July 1, 2028, whichever is earlier. (e) (1) Except as provided in paragraph (2), for purposes of this section, “janitorial employee” means an employee whose primary duties are to clean and keep in an orderly condition commercial working areas and washrooms, or the premises of an office, multiunit residential facility, industrial facility, health care facility, amusement park, convention center, stadium, racetrack, arena, or retail establishment. Duties of a janitorial employee involve one or more of the following: (A) Disinfecting, vacuuming, sweeping, mopping, or scrubbing, and polishing floors. (B) Removing trash and other refuse and sorting recyclable material therefrom. (C) Dusting equipment, furniture, or fixtures. (D) Polishing metal fixtures or trimmings. (E) Providing supplies in minor maintenance services. (F) Cleaning laboratories, showers, and restrooms. (2) For purposes of this section, “janitorial employee” does not include any of the following: (A) Workers who specialize in window washing. (B) Housekeeping staff who make beds and change linens as a primary responsibility. (C) Workers working at airport facilities or cabin cleaning. (D) Workers at hotels, card clubs, restaurants, or other food service operations. (E) Grocery store employees and drug-retail employees. (f) This section shall not apply to existing cases filed before the effective date of this section. (g) Nothing in this section shall prevent a janitorial employee from filing an action under Section 2699.3 if there is a finding by a court or administrative agency of competent jurisdiction that the labor organization has breached its duty of fair representation in relation to a claim under Section 2699.3. (h) This section shall remain in effect only until July 1, 2028, and as of that date is repealed. (Added by Stats. 2021, Ch. 337, Sec. 1. (SB 646) Effective January 1, 2022. Repealed as of July 1, 2028, by its own provisions.)
  177. 27.

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

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    In this code, when the terms “workers’ compensation judge” or “workers’ compensation referee” are used in connection with workers’ compensation law, they mean “workers’ compensation administrative law judge.”

    ## Labor Code - LAB ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 90. ) ## 27. Whenever the term “workers’ compensation judge” or “workers’ compensation referee” is used in this code in connection with the workers’ compensation law, the term shall mean “workers’ compensation administrative law judge.” (Amended by Stats. 1998, Ch. 448, Sec. 1. Effective January 1, 1999.)
  178. 270.

    ## 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 3. Special Occupations [270 - 273] ( Article 3 added by Stats. 1945, Ch. 628. )

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    Mining employers covered by this section must have enough cash or readily salable securities on hand or on deposit before starting work for a wage period, unless an exception applies.

    ## 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 3. Special Occupations [270 - 273] ( Article 3 added by Stats. 1945, Ch. 628. ) ## 270. No person, or agent or officer thereof, engaged in the business of extracting or of extracting and refining or reducing minerals other than petroleum, except persons having a free and unencumbered title to the fee of the property being worked and except mining partnerships in respect to the members of the partnership, shall fail or neglect, before commencing work in any period for which a single payment of wages is made, to have on hand or on deposit with a bank or trust company, in the county where such property is located or if there is no bank or trust company in the county, then in the bank or trust company nearest the property, cash or readily salable securities of a market value sufficient to pay the wages of every person employed on the mining property, or in connection therewith, for such period. Any person, or agent or officer thereof, who violates this section is guilty of a misdemeanor. (Added by Stats. 1945, Ch. 628.)
  179. 270.5.

    ## 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 3. Special Occupations [270 - 273] ( Article 3 added by Stats. 1945, Ch. 628. )

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    Logging and sawmill contractors covered by this section must keep enough cash or readily salable securities on hand, or file an approved surety bond with the Labor Commissioner, before starting work in the relevant pay period, unless a specified real-property ownership exception applies.

    ## 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 3. Special Occupations [270 - 273] ( Article 3 added by Stats. 1945, Ch. 628. ) ## 270.5. (a) No person, agent or officer thereof, or logging contractor, or sawmill operations contractor, engaged in the business of logging or operating a sawmill for converting logs into lumber, except in the case of logging or sawmill operations of persons having a free and unencumbered title to the fee of real property in this state, of a market value sufficient to pay the wages of every person employed in connection with such operations in any period for which a single payment of wages is made, shall fail or neglect, before commencing work in any period for which such single payment of wages is made, or for four calendar weeks, whichever is the longer, to do one of the following: (1) Have on hand or on deposit with a bank or trust company, in the county where such business is conducted, or if there is no bank or trust company in the county, then in the bank or trust company nearest such operations, cash or readily salable securities of a market value sufficient to pay the wages of every person employed in connection with such operations for such period. (2) Deposit with the Labor Commissioner the bond of a surety company authorized to do business within the state, acceptable to the Labor Commissioner, conditioned upon the payment of all wages found by the Labor Commissioner to be due and unpaid in connection with such operations. (b) The cash and securities on deposit referred to in subdivision (a) shall not be commingled with other deposits, securities or property of the employer and shall be held in trust and shall not be used for any other purpose than paying the wages due employees. Such moneys so held in trust are not subject to the enforcement of a money judgment by any other creditor of the employer. (c) Any person, agent or officer thereof, or logging contractor, or sawmill operations contractor, who violates this section is guilty of a misdemeanor. (Amended by Stats. 1982, Ch. 497, Sec. 131. Operative July 1, 1983, by Sec. 185 of Ch. 497.)
  180. 270.6.

    ## 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 3. Special Occupations [270 - 273] ( Article 3 added by Stats. 1945, Ch. 628. )

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    Certain itinerant or door-to-door employers must secure wages before work starts, and the covered funds must be held in trust for employee wages.

    ## 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 3. Special Occupations [270 - 273] ( Article 3 added by Stats. 1945, Ch. 628. ) ## 270.6. (a) No person, or agent or officer thereof, without a permanent and fixed place of business or residence in this state who uses or employs any person in the door-to-door selling of any merchandise, in any similar itinerant activity, or in any telephone solicitation, shall fail or neglect, before commencing work in any period for which any single payment of wages is made or for four calendar weeks, whichever is longer, to do any one of the following: (1) Have on hand or on deposit with a bank or trust company in the county where the business is conducted, or if there is no bank or trust company in the county, then in the bank or trust company nearest these operations, cash or readily salable securities of a market value sufficient to pay the wages of every person employed in connection with these operations for that period described in this subdivision. (2) Deposit with the Labor Commissioner the bond of a surety company authorized to do business within the state, acceptable to the Labor Commissioner, conditioned upon the payment of all wages found to be due and unpaid in connection with these operations under any provision of this code. (3) Deposit with the Labor Commissioner a time certificate of deposit indicating that the person, agent, or officer subject to this section has deposited with a bank or trust company cash payable to the order of the Labor Commissioner sufficient to pay the wages of every person employed in connection with these operations for that period described in this subdivision. (b) The cash and securities on deposit referred to in subdivision (a) shall not be commingled with other deposits, securities, or property of the employer and shall be held in trust and shall not be used for any other purpose than paying the wages due employees. The moneys so held in trust are not subject to enforcement of a money judgment by any other creditor of the employer. (c) Any person, or agent or officer thereof, who violates this section is guilty of a misdemeanor. (Amended by Stats. 2006, Ch. 538, Sec. 481. Effective January 1, 2007.)
  181. 2700.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Scope of Division [2700- 2700.] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    This division does not limit, change, or qualify Divisions 4 and 4.5, and it applies fully wherever those divisions do not apply.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Scope of Division [2700- 2700.] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 2700. The provisions of this division shall not limit, change, or in any way qualify the provisions of Divisions 4 and 4.5 of this code, but shall be fully operative and effective in all cases where the provisions of Divisions 4 and 4.5 are not applicable. (Amended by Stats. 1957, Ch. 48.)
  182. 271.

    ## 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 3. Special Occupations [270 - 273] ( Article 3 added by Stats. 1945, Ch. 628. )

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    People promoting a theatrical enterprise with live performers must keep enough cash or readily salable securities on hand or deposited before production to cover all wages for that period.

    ## 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 3. Special Occupations [270 - 273] ( Article 3 added by Stats. 1945, Ch. 628. ) ## 271. No person, or agent or officer thereof, engaged in the business of promoting a theatrical enterprise where living individuals are used or employed in the presentation, except persons having a free and unencumbered title to the fee of the property on which the theatrical enterprise is produced, shall fail or neglect, before producing such enterprise in any period for which a single payment of wages is made, to have on hand or on deposit with a bank or trust company, in the county in which such enterprise is to be produced, or if there is no bank or trust company in the county, then in the bank or trust company nearest the place where such enterprise is produced, cash or readily salable securities of a market value sufficient to pay the wages of every individual used or employed in the production of such enterprise, or in connection therewith for such period. The provisions of this section shall not apply to the use or employment of individuals by a radio or television broadcasting enterprise; provided, there is on hand or on deposit with a bank or trust company in this State cash or readily salable securities of a market value sufficient to pay the wages of every individual used or employed in such enterprise, or in connection therewith. Theatrical enterprise as used in this section means the production of any circus, vaudeville, carnival, revues, variety shows, musical comedies, operettas, opera, drama, theatrical, endurance contest, walkathon, marathon, derby, or other entertainments, exhibitions, or performances. Any person, or agent or officer thereof, who violates this section is guilty of a misdemeanor. (Added by Stats. 1945, Ch. 628.)
  183. 272.

    ## 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 3. Special Occupations [270 - 273] ( Article 3 added by Stats. 1945, Ch. 628. )

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    Businesses covered by Sections 270, 270.5, 270.6, or 271 must conspicuously post a notice on the premises showing where the required cash, securities, or surety bond information is held.

    ## 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 3. Special Occupations [270 - 273] ( Article 3 added by Stats. 1945, Ch. 628. ) ## 272. Every person, agent, or officer thereof engaged in the businesses specified in Section 270, 270.5, 270.6, or 271, shall keep conspicuously posted upon the premises where persons are employed, a notice specifying the name and address of the bank or trust company where the required cash or readily salable securities are on deposit, or the name of the surety or sureties on the bond deposited pursuant to Section 270.5 or 270.6. Failure to keep the notice conspicuously posted is prima facie evidence of a violation of Section 270, 270.5, 270.6, or 271. (Amended by Stats. 1965, Ch. 329.)
  184. 273.

    ## 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 3. Special Occupations [270 - 273] ( Article 3 added by Stats. 1945, Ch. 628. )

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    This section requires certain applicants, licensees, and registrants to disclose unpaid-wage judgments or accords, and lets the Labor Commissioner suspend or deny approval if the requirements are not satisfied.

    ## 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 3. Special Occupations [270 - 273] ( Article 3 added by Stats. 1945, Ch. 628. ) ## 273. (a) The following definitions apply for purposes of this section: (1) “All activities relating to an adverse license or registration action” includes, but is not limited to, all of the following which occur as a result of a failure to comply with this section: (A) Denial of a new application or a renewal application for licensure or registration. (B) Denial of reinstatement of a license or registration. (C) Suspension of a license or registration. (D) Assessment and recovery of civil penalties for knowingly providing false information in the statement required by paragraph (1) of subdivision (b). (2) “Farm labor contractor” has the same meaning as set forth in Section 1682. (3) “Final judgment issued by a court” means a judgment with respect to which all possibility of a direct attack, by way of appeal, motion for a new trial, or motion pursuant to Section 663 of the Code of Civil Procedure to vacate the judgment, has been exhausted and also includes any final arbitration award where the time to file a petition for a trial de novo or a petition to vacate or correct the arbitration award has expired, and no petition is pending. (4) “Garment manufacturer” means a person engaged in garment manufacturing as described in Section 2671. (5) “Involving unpaid wages” means all amounts required to be paid by a final judgment, order, or accord involving a failure of the licensee or registrant to pay required wages. (6) “Licensee” has the same meaning as set forth in Section 1682. (7) “Registrant” means a person who holds a valid and unrevoked garment manufacturer registration. (b) (1) The Labor Commissioner shall require an applicant for any of the following to submit a statement as to whether the applicant has satisfied all requirements imposed by a final judgment issued by a court or by a final order issued by the Labor Commissioner or by an accord involving unpaid wages: (A) Licensure as a farm labor contractor. (B) Registration as a garment manufacturer. (C) Renewal or reinstatement of a farm labor contractor license or a garment manufacturer registration. (D) A change in the persons identified pursuant to Section 1689 or subparagraph (B) of paragraph (1) of subdivision (a) of Section 2675. (2) A person who knowingly provides false information in the statement submitted pursuant to this subdivision shall be subject to a civil penalty of no less than one thousand dollars ($1,000) and no more than twenty-five thousand dollars ($25,000), in addition to any civil remedies available to the Labor Commissioner. The penalty shall be recovered by the Labor Commissioner as part of a hearing relating to a denial of an application for a license or registration, a hearing relating to a denial of a renewal or reinstatement of a license or registration, a hearing to contest the civil penalties assessed under this section by the Labor Commissioner, or in an independent civil action. The action shall be brought in the name of the people of the State of California and the Labor Commissioner and the attorneys thereof may proceed and act for and on behalf of the people in bringing these actions. (c) Notwithstanding any other provision of law, the Labor Commissioner shall not approve an application described in subdivision (b) if the statement submitted with it shows that the applicant has failed to satisfy all requirements imposed by a final judgment issued by a court or by a final order issued by the Labor Commissioner or by an accord involving unpaid wages, as described in subdivision (b), unless the applicant submits either of the following to the Labor Commissioner: (1) A bond or a cash deposit, in addition to any required by Section 240, 1684, 1688, 2675, or 2679, in an amount sufficient to guarantee payment of all amounts due under a final judgment issued by a court or under a final order issued by the Labor Commissioner involving unpaid wages. (2) A notarized accord between the applicant and the other parties to the judgment, order, or accord demonstrating that the applicant has satisfied all requirements imposed by the judgment, order, or accord involving unpaid wages. (d) Notwithstanding any other provision of law, if the Labor Commissioner determines after granting an application described in subdivision (b) that the applicant made a false representation on the statement he or she submitted, the Labor Commissioner shall suspend the farm labor contractor license or garment manufacturer registration effective on the date of its issuance, renewal, or reinstatement. The license or registration shall remain suspended until the applicant satisfies either of the following requirements: (1) Documents to the satisfaction of the Labor Commissioner that he or she has satisfied all requirements imposed by a final judgment issued by a court or by a final order of the Labor Commissioner or by an accord involving unpaid wages. (2) Files with the Labor Commissioner a notarized accord as described in paragraph (2) of subdivision (c). (e) (1) A licensee or registrant shall notify the Labor Commissioner in writing within 90 days of the date of a final judgment issued by a court, a final order issued by the Labor Commissioner, or an accord that imposes on the licensee or registrant requirements involving unpaid wages. If the licensee or registrant fails to comply with this notification requirement, the Labor Commissioner shall suspend the license or registration on the date that the Labor Commissioner is informed, or is made aware of, the judgment, order, or accord. The suspension shall remain in effect until the licensee or registrant satisfies either of the requirements described in subdivision (d). (2) A licensee or registrant who notifies the Labor Commissioner of a judgment, order, or accord pursuant to paragraph (1), shall file with the notice a bond or a cash deposit meeting the criteria of paragraph (1) of subdivision (c). (f) (1) The Labor Commissioner may reduce the amount of a bond or cash deposit required by this section upon proof, to the satisfaction of the Labor Commissioner, of partial satisfaction of the requirements imposed by a final judgment issued by a court, a final order issued by the Labor Commissioner, or an accord involving unpaid wages. The Labor Commissioner shall not reduce the bond or cash deposit amount below the balance of the entire amount involving unpaid wages. Upon full satisfaction of the requirements involving unpaid wages, the Labor Commissioner may terminate the bond or cash deposit requirement. (2) Notwithstanding paragraph (1), within one year from the date of filing the bond or cash deposit pursuant to paragraph (1) of subdivision (c) or paragraph (2) of subdivision (e), a licensee or registrant shall submit a notarized accord between the licensee or registrant and the other parties to the judgment, order, or accord demonstrating satisfaction of all requirements imposed by the judgment, order, or accord involving unpaid wages. The Labor Commissioner shall suspend the license or registration of a person who fails to file the notarized accord within that timeframe. Notwithstanding paragraph (1) of subdivision (c), a person who has failed to file a notarized accord within the timeframe required by this paragraph shall have his or her license or registration reinstated only after demonstrating that he or she has satisfied all requirements imposed by a final judgment, order, or accord involving unpaid wages. As an alternative to payment in full of all debts involving unpaid wages, a person may submit a notarized copy of an accord between the licensee or registrant and the other parties to the accord. (g) The failure of a licensee or registrant to maintain a bond required by this section or to abide by all requirements imposed on a licensee or registrant by an accord involving unpaid wages between the licensee or registrant and the other parties to the accord shall result in the automatic suspension of his or her license or registration. (h) (1) A licensee or registrant shall not allow a person who is a judgment debtor in a final judgment issued by a court or in a final order issued by the Labor Commissioner involving unpaid wages that imposes requirements that have not been satisfied in their entirety to serve in a capacity described in Section 1689 or subparagraph (B) of paragraph (1) of subdivision (a) of Section 2675. (2) The Labor Commissioner shall suspend the license of a farm labor contractor or the registration of a garment manufacturer who violates the provisions of paragraph (1). The Labor Commissioner shall reinstate the license or registration upon the resignation of the person named as a judgment debtor or complete satisfaction of the unpaid wages requirements. (i) A person whose license or registration is suspended pursuant to this section, who is denied issuance or reinstatement of a license or registration, or who has been assessed a civil penalty for knowingly providing false information in the statement required by paragraph (1) of subdivision (b) shall pay to the Labor Commissioner all reasonable costs incurred by the Labor Commissioner in all activities relating to the adverse license or registration action, commencing with the first notice issued by the Labor Commissioner that he or she has taken any adverse action under this section relative to a license or registration. The Labor Commissioner shall not reinstate a license or registration unless the person has paid all costs assessed by the Labor Commissioner or has entered into an accord with the Labor Commissioner that establishes a payment plan. (j) This section shall not apply to an applicant for a farm labor contractor license or a garment manufacturer registration or to a licensee or registrant when the unpaid wages, as described by this section, have been discharged in a bankruptcy proceeding. (Amended by Stats. 2010, Ch. 328, Sec. 151. (SB 1330) Effective January 1, 2011.)
  185. 2750.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. The Contract of Employment [2750 - 2755] ( Article 1 enacted by Stats. 1937, Ch. 90. )

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    This section defines a contract of employment as an agreement where an employer engages an employee to do something for the employer’s or a third person’s benefit.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. The Contract of Employment [2750 - 2755] ( Article 1 enacted by Stats. 1937, Ch. 90. ) ## 2750. The contract of employment is a contract by which one, who is called the employer, engages another, who is called the employee, to do something for the benefit of the employer or a third person. (Enacted by Stats. 1937, Ch. 90.)
  186. 2750.5.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. The Contract of Employment [2750 - 2755] ( Article 1 enacted by Stats. 1937, Ch. 90. )

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    This section creates a rebuttable presumption that certain licensed-service workers are employees, not independent contractors, unless independent contractor status is proven.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. The Contract of Employment [2750 - 2755] ( Article 1 enacted by Stats. 1937, Ch. 90. ) ## 2750.5. There is a rebuttable presumption affecting the burden of proof that a worker performing services for which a license is required pursuant to Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code, or who is performing such services for a person who is required to obtain such a license is an employee rather than an independent contractor. Proof of independent contractor status includes satisfactory proof of these factors: (a) That the individual has the right to control and discretion as to the manner of performance of the contract for services in that the result of the work and not the means by which it is accomplished is the primary factor bargained for. (b) That the individual is customarily engaged in an independently established business. (c) That the individual’s independent contractor status is bona fide and not a subterfuge to avoid employee status. A bona fide independent contractor status is further evidenced by the presence of cumulative factors such as substantial investment other than personal services in the business, holding out to be in business for oneself, bargaining for a contract to complete a specific project for compensation by project rather than by time, control over the time and place the work is performed, supplying the tools or instrumentalities used in the work other than tools and instrumentalities normally and customarily provided by employees, hiring employees, performing work that is not ordinarily in the course of the principal’s work, performing work that requires a particular skill, holding a license pursuant to the Business and Professions Code, the intent by the parties that the work relationship is of an independent contractor status, or that the relationship is not severable or terminable at will by the principal but gives rise to an action for breach of contract. In addition to the factors contained in subdivisions (a), (b), and (c), any person performing any function or activity for which a license is required pursuant to Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code shall hold a valid contractors’ license as a condition of having independent contractor status. For purposes of workers’ compensation law, this presumption is a supplement to the existing statutory definitions of employee and independent contractor, and is not intended to lessen the coverage of employees under Division 4 and Division 5. (Amended by Stats. 1979, Ch. 605.)
  187. 2750.6.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. The Contract of Employment [2750 - 2755] ( Article 1 enacted by Stats. 1937, Ch. 90. )

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    A licensed physician and surgeon who contracts to provide health services for a licensed primary care clinic is presumed to be an independent contractor, not an employee.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. The Contract of Employment [2750 - 2755] ( Article 1 enacted by Stats. 1937, Ch. 90. ) ## 2750.6. There is a rebuttable presumption affecting the burden of proof that a physician and surgeon, licensed pursuant to Division 2 (commencing with Section 500) of the Business and Professions Code, who enters into a contract for the performance of health services on behalf of a licensed primary care clinic, as defined in paragraph (1) of subdivision (a) of Section 1204 of the Health and Safety Code, is an independent contractor rather than an employee. Nothing in this section shall authorize the employment of a physician and surgeon to provide professional services when the employment would violate any other provision of law. (Added by Stats. 1984, Ch. 783, Sec. 1.)
  188. 2750.8.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. The Contract of Employment [2750 - 2755] ( Article 1 enacted by Stats. 1937, Ch. 90. )

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    This section creates a motor carrier amnesty program, administered by the Labor Commissioner and the Employment Development Department, that can relieve an eligible motor carrier of certain misclassification-related penalties if it enters and performs a settlement agreement.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. The Contract of Employment [2750 - 2755] ( Article 1 enacted by Stats. 1937, Ch. 90. ) ## 2750.8. (a) The Labor Commissioner and the Employment Development Department shall administer the Motor Carrier Employer Amnesty Program pursuant to which, notwithstanding any law, an eligible motor carrier performing drayage services at any port shall be relieved of liability for statutory or civil penalties associated with the misclassification of commercial drivers as independent contractors, as provided by this program, if the eligible motor carrier executes a settlement agreement with the Labor Commissioner whereby the eligible motor carrier agrees to, among other things, properly classify all of its commercial drivers as employees. (b) As used in this section, the following terms shall have the following meanings: (1) “Commercial driver” means a person who holds a valid commercial driver’s license who is hired or contracted to provide port drayage services. (2) “Department” means the Employment Development Department. (3) “Eligible motor carrier” means a motor carrier that shall not have any of the following on the date it applies to participate in the program: (A) A civil lawsuit that was filed on or before December 31, 2015, pending against it in a state or federal court that alleges or involves a misclassification of a commercial driver. (B) A penalty assessed by the department pursuant to Section 1128 of the Unemployment Insurance Code that is final imposition of that penalty. (4) “Motor carrier” means a registered owner, lessee, licensee, or bailee of a commercial motor vehicle, as set forth in subdivision (b) of Section 15210 of the Vehicle Code, that operates or directs the operation of a commercial motor vehicle on a for-hire or not-for-hire basis to perform port drayage services. (5) “Port” means any sea or river port located in this state. (6) “Program” means the Motor Carrier Employer Amnesty Program established by this section and as provided by Article 8.6 (commencing with Section 1160) of Chapter 4 of Part 1 of Division 1 of the Unemployment Insurance Code. (c) (1) A motor carrier shall only apply to participate in the program by doing all of the following: (A) Submit an application to the Labor Commissioner, on a form provided by the Labor Commissioner. The application shall, at a minimum, require the motor carrier to establish it qualifies as an eligible motor carrier. (B) Report on the results of a self-audit in accordance with the guidelines provided by the Labor Commissioner. (2) A motor carrier that voluntarily or as a result of a final disposition in a civil proceeding reclassified its commercial drivers as employees on or before January 1, 2016, shall, in addition to other information requested by the Labor Commissioner, also submit with its application all of the following: (A) Documentation demonstrating that the motor carrier reclassified its commercial drivers as employees, including the commencement period applicable to the reclassification. (B) The identification of each commercial driver reclassified in the documents provided in subparagraph (A), the amounts paid to each commercial driver to compensate for the previous misclassification, and the time period applicable to the amount paid to each commercial driver prior to reclassification. (C) A report of a self-audit for all commercial drivers reclassified by the motor carrier identified in subparagraphs (A) and (B), and also include a separate self-audit report for any commercial driver who is subject to reclassification, but is not identified in subparagraph (B). (3) A proceeding or action against a motor carrier pursuant to Sections 2698 to 2699.5, inclusive, shall not be initiated after the motor carrier has submitted an application for participation in the program, but may be initiated if the motor carrier’s application is denied. (4) If a motor carrier’s application to participate in the program is denied by the Labor Commissioner, the application or its submission shall not be considered an acknowledgment or admission by the motor carrier that it misclassified its commercial drivers as independent contractors, and the application or its submission shall not be construed in any way to support an evidentiary inference that the motor carrier failed to properly classify its commercial drivers as employees. (d) The Labor Commissioner shall analyze the information provided pursuant to paragraph (2) of subdivision (c) for the purpose of evaluating the scope of a prior reclassification of an eligible motor carrier’s commercial drivers to employees and has discretionary authority to determine whether the scope was sufficient to afford relief to the misclassified commercial drivers. (e) Before January 1, 2017, the Labor Commissioner, with the cooperation and consent of the department, may negotiate and execute a settlement agreement with an eligible motor carrier pursuant to the program that applied to participate in the program. The Labor Commissioner shall not execute a settlement agreement on or after January 1, 2017. (f) Prior to the Labor Commissioner executing a settlement agreement, an eligible motor carrier shall file its contribution returns and report unreported wages and taxes for the time period it seeks relief under the settlement agreement. (g) A settlement agreement executed by the Labor Commissioner and an eligible motor carrier pursuant to the program shall require an eligible motor carrier to do all of the following: (1) Pay all wages, benefits, and taxes owed, if any, to or in relation to all of its commercial drivers reclassified from independent contractors to employees for the period of time from the first date of misclassification to the date the settlement agreement is executed, but not exceeding the applicable statute of limitations. (2) Maintain any converted commercial driver positions as employee positions. (3) Consent that any future commercial drivers hired to perform the same or similar duties as those employees converted pursuant to the settlement agreement shall be presumed to have employee status and that the eligible motor carrier shall have the burden to prove by clear and convincing evidence that they are not employees in any administrative or judicial proceeding in which their employment status is an issue. (4) Immediately after the execution of the settlement agreement, secure the workers’ compensation coverage that is legally required for the commercial drivers who were reclassified as employees, effective on or before the date the settlement agreement is executed. (5) Provide the Labor Commissioner and the department with proof of workers’ compensation insurance coverage in compliance with paragraph (4) within five days of securing the coverage. (6) Pay the costs authorized by subdivision (h), if required. (7) Perform any other requirements or provisions the Labor Commissioner and the department deem necessary to carry out the intent of this section, the program, or to enforce the settlement agreement. (h) A settlement agreement may require an eligible motor carrier to pay the reasonable, actual costs of the Labor Commissioner and the department for their respective review, approval, and compliance monitoring of the settlement agreement. The costs shall be deposited into the Labor Enforcement and Compliance Fund. The portion of the costs attributable to the department shall be transferred to the department upon appropriation by the Legislature. (i) The settlement agreement may include provisions for an eligible motor carrier to make installment payments of amounts due pursuant to paragraphs (1) and (6) of subdivision (g) in lieu of a full payment. An installment payment agreement shall be included within the settlement agreement and charge interest on the outstanding amounts due at the rate prescribed in Sections 1113 and 1129 of the Unemployment Insurance Code. Interest on amounts due shall be charged from the day after the date the settlement agreement is executed. The settlement agreement shall contain a provision that if a motor carrier fails, without good cause, to fully comply with terms of the settlement agreement authorizing installment payments, the settlement agreement shall be null and void and the total amount of tax, interest, and penalties for the time period covered by the settlement agreement shall be immediately due and payable. (j) The Labor Commissioner and the department may share any information necessary to carry out the program. Sharing information pursuant to this subdivision shall not constitute a waiver of any applicable confidentiality requirements and the party receiving the information shall be subject to any existing confidentiality requirements for that information. (k) (1) Notwithstanding any other law and pursuant to the program, an eligible motor carrier that executed and performed its obligations pursuant to a settlement agreement shall not be liable, and the Labor Commissioner or the department shall not enforce, any civil or statutory penalties, including, but not limited to, remedies available under subdivision (e) of Section 226, that might have become due and payable for the time period covered by the settlement agreement, except for the following penalties: (A) A penalty charged under Section 1128 of the Unemployment Insurance Code that is final on the date of the settlement agreement is executed, unless the penalty is reversed by the California Unemployment Insurance Appeals Board. (B) A penalty for an amount an eligible motor carrier admitted was based on fraud or made with the intent to evade the reporting requirements set forth in this division or authorized regulations. (C) A penalty based on a violation of this division or Division 6 (commencing with Section 13000) of the Unemployment Insurance Code and either of the following: (i) The eligible motor carrier was on notice of a criminal investigation due to a complaint having been filed or by written notice having been mailed to the eligible motor carrier informing the motor carrier that it is under criminal investigation. (ii) A criminal court proceeding has already been initiated against the eligible motor carrier. (2) (A) Notwithstanding any other law and pursuant to the program, an eligible motor carrier that executed and performed its obligations pursuant to a settlement agreement shall not be liable, and the Labor Commissioner or the department shall not enforce, any unpaid penalties, and interest owed on unpaid penalties, on or before the date the settlement agreement was executed, pursuant to Sections 1112.5, 1126, and 1127 of the Unemployment Insurance Code for the tax reporting periods for which the settlement agreement is applicable, that are owed as a result of the nonpayment of tax liabilities due to the misclassification of one or more commercial drivers as independent contractors and the reclassification of these commercial drivers as employees, except that penalties, and interest owed on penalties, established as a result of an assessment issued by the department before the date the settlement agreement was executed shall not be waived pursuant to the program. (B) For purposes of paragraph (1), state personal income taxes required to be withheld by Section 13020 of the Unemployment Insurance Code and owed by the motor carrier pursuant to Section 13070 of the Unemployment Insurance Code shall not be collected, if the eligible motor carrier issued an information return pursuant to Section 6041A of the Internal Revenue Code reporting payment or if the commercial driver certifies that the state personal tax has been paid or that he or she has reported to the Franchise Tax Board the payment against which the state personal income tax would have been imposed. (3) A refund or credit for any penalty or interest paid prior to the date an eligible motor carrier applied to participate in the program shall not be granted. (4) Except for violations described in Section 2119 of the Unemployment Insurance Code, the department shall not bring a criminal action for failing to report tax liabilities against an eligible motor carrier that executed and performed its obligations pursuant to a settlement agreement for the tax reporting periods subject to the settlement agreement. (l) The statute of limitations on any claim or liability that might have been asserted against a motor carrier based on the motor carrier having misclassified a commercial driver as an independent contractor shall be tolled from the date a motor carrier applies for participation in the program through the date the Labor Commissioner either denies the motor carrier participation in the program or the motor carrier, as an eligible motor carrier, has failed to perform an obligation under the settlement agreement, whichever is later. (m) The recovery obtained by the Labor Commissioner on behalf of a reclassified commercial driver pursuant to a settlement agreement shall be tendered to the commercial driver on the condition that the commercial driver shall execute a release of all claims the commercial driver may have against the eligible motor carrier based on the eligible motor carrier’s failure to classify the commercial driver as an employee. A commercial driver shall not be under any obligation to accept the terms of a settlement agreement. If a commercial driver declines to accept the terms of a settlement agreement, the commercial driver shall not be bound by the settlement agreement, except that the eligible motor carrier shall still reclassify the commercial driver as an employee and that commercial driver shall be precluded from pursuing a claim for civil penalties or statutory penalties covered by the period of time covered by the settlement agreement. If a commercial driver does not accept the terms of a settlement agreement, the motor carrier shall be excused from performing its requirement under the settlement agreement to pay the amount acknowledged in the settlement agreement to be due to that commercial driver. (n) (1) If the Labor Commissioner determines an eligible motor carrier violated or failed to perform any of its obligations under a settlement agreement, the Labor Commissioner may file a civil action to enforce the settlement agreement. (2) (A) If the Labor Commissioner files a civil action seeking only recovery of the amounts due to commercial drivers under the settlement agreement, the Labor Commissioner may obtain judicial enforcement by filing a petition for entry of judgment for the liabilities due and remaining pursuant to the settlement agreement. (B) After filing a petition pursuant to subparagraph (A), the Labor Commissioner may file an application for an order to show cause and serve it on the eligible motor carrier. Within 60 days of the date the Labor Commissioner filed the order to show cause, the court shall hold a hearing and enter a judgment. The judgment shall be in amounts which are due and owing to commercial drivers pursuant to the settlement agreement with credits, if any, for applicable payments the eligible motor carrier made under the settlement agreement. A judgment entered pursuant to this paragraph shall not preclude subsequent action to recover civil penalties or statutory penalties by the Labor Commissioner, or by an employee pursuant to Sections 2698 to 2699.5, inclusive. (3) If the court determines in any action filed by the Labor Commissioner that a motor carrier has violated or otherwise failed to perform any of its obligations under a settlement agreement, the court shall award the Labor Commissioner costs and reasonable attorney’s fees. (Amended by Stats. 2016, Ch. 86, Sec. 216. (SB 1171) Effective January 1, 2017.)
  189. 2750.9.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. The Contract of Employment [2750 - 2755] ( Article 1 enacted by Stats. 1937, Ch. 90. )

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    This section creates a construction-trucking amnesty program that lets eligible construction contractors seek relief from certain misclassification penalties if they apply, self-audit, and sign or submit a settlement agreement and then comply with its terms.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. The Contract of Employment [2750 - 2755] ( Article 1 enacted by Stats. 1937, Ch. 90. ) ## 2750.9. (a) The Labor Commissioner and the Employment Development Department shall administer the Construction Trucking Employer Amnesty Program pursuant to which, notwithstanding any other law, an eligible construction contractor shall be relieved of liability for statutory or civil penalties associated with the misclassification of construction drivers as independent contractors, as provided by this program, if the eligible construction contractor executes a settlement agreement negotiated with, or approved by, the Labor Commissioner whereby the eligible construction contractor agrees to, among other things, properly classify all drivers performing construction work on its behalf as employees. (b) As used in this section, the following terms shall have the following meanings: (1) (A) “Construction contract” means a contract, whether on a lump sum, time and material, cost plus, or other basis, to do any of the following: (i) Erect, construct, alter, or repair any building or other structure, project, development, or other improvement on or to real property. (ii) Erect, construct, alter, or repair any fixed works, including waterways and hydroelectric plants, steam and atomic electric generating plants, electrical transmission and distribution lines, telephone and telegraph lines, railroads, highways, airports, sewers and sewage disposal plants and systems, waterworks and water distribution systems, gas transmission and distribution systems, pipelines and other systems for the transmission of petroleum and other liquid or gaseous substances, refineries, and chemical plants. (iii) Pave surfaces separately or in connection with any of the above works or projects. (iv) Furnish and install the property becoming a part of a central heating, air-conditioning, or electrical system of a building or other structure, and furnish and install wires, ducts, pipes, vents, and other conduit imbedded in or securely affixed to the land or a structure on the land. (B) “Construction contract” does not include either of the following: (i) A contract for the sale, or for the sale and installation, of tangible personal property, including machinery and equipment. (ii) The furnishing of tangible personal property under what is otherwise a construction contract if the person furnishing the property is not responsible under the construction contract for the final affixation or installation of the property furnished. (2) “Construction contractor” means a person who agrees to perform and does perform a construction contract. Construction contractor includes subcontractors and specialty contractors and those engaged in building trades, including carpentry, bricklaying, cement work, steel work, plastering, drywall installation, sheet metal work, roofing, tile and terrazzo work, electrical work, plumbing, heating, air-conditioning, elevator installation and construction, painting, and persons installing floor coverings, including linoleum, floor tile, and wall-to-wall carpeting, by permanently affixing those coverings to a floor. Construction contractor includes any person required to be licensed under the Contractors’ State License Law (Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code) and any person contracting with the federal government to perform a construction contract. (3) “Construction driver” means a person who operates a motor vehicle to perform construction work on behalf of a construction contractor, utilizing a vehicle owned by the driver or a vehicle supplied by the construction contractor. (4) “Department” means the Employment Development Department. (5) “Eligible construction contractor” means a construction contractor that does not have either of the following on the date they apply to participate in the program: (A) A civil lawsuit that was filed on or before December 31, 2025, pending against it in a state or federal court that alleges or involves a misclassification of a construction driver. (B) A penalty assessed by the department pursuant to Section 1128 of the Unemployment Insurance Code that is final imposition of that penalty. (6) “Program” means the Construction Trucking Employer Amnesty Program established by this section. (c) (1) A construction contractor shall only apply to participate in the program by doing both of the following: (A) Submitting an application to the Labor Commissioner, on a form provided by the Labor Commissioner. The application shall, at a minimum, require the construction contractor to establish they qualify as an eligible construction contractor. (B) Reporting on the results of a self-audit in accordance with the guidelines provided by the Labor Commissioner. (2) A construction contractor that voluntarily or as a result of a final disposition in a civil proceeding reclassified its construction drivers as employees on or before September 1, 2028, shall, in addition to other information requested by the Labor Commissioner, also submit with its application all of the following: (A) Documentation demonstrating that the construction contractor reclassified their construction drivers as employees, including the commencement period applicable to the reclassification. (B) The identification of each construction driver reclassified in the documents provided in subparagraph (A), the amounts paid to each construction driver to compensate for the previous misclassification, and the time period applicable to the amount paid to each construction driver prior to reclassification. (C) A report of a self-audit for all construction drivers reclassified by the construction contractor identified in subparagraphs (A) and (B), and also include a separate self-audit report for any construction driver who is subject to reclassification, but is not identified in subparagraph (B). (3) A proceeding or action against a construction contractor pursuant to Sections 2698 to 2699.5, inclusive, shall not be initiated after the construction contractor has submitted an application for participation in the program, but may be initiated if the construction contractor’s application is denied. (4) If a construction contractor’s application to participate in the program is denied by the Labor Commissioner, the application or its submission shall not be considered an acknowledgment or admission by the construction contractor that they misclassified their construction drivers as independent contractors, and the application or its submission shall not be construed in any way to support an evidentiary inference that the construction contractor failed to properly classify their construction drivers as employees. (d) The Labor Commissioner shall analyze the information provided pursuant to paragraph (2) of subdivision (c) for the purpose of evaluating the scope of a prior reclassification of an eligible construction contractor’s construction drivers to employees and has discretionary authority to determine whether the scope was sufficient to afford relief to the misclassified construction drivers. (1) Before January 1, 2029, the Labor Commissioner, with the cooperation and consent of the department, may negotiate and execute a settlement agreement with an eligible construction contractor that applied to participate in the program. The Labor Commissioner shall not execute a settlement agreement on or after January 1, 2029. (2) Before January 1, 2029, an eligible construction contractor may negotiate a settlement agreement with a labor union representing its drivers, or with any city attorney, and shall submit that settlement agreement to the Labor Commissioner, who shall review and may approve that settlement agreement under the program. The Labor Commissioner shall not approve a settlement agreement on or after January 1, 2029. (e) Prior to the Labor Commissioner executing or approving a settlement agreement, an eligible construction contractor shall file their contribution returns and report unreported wages and taxes to the department for the time period the construction contractor seeks relief under the settlement agreement. (f) A settlement agreement executed or approved by the Labor Commissioner involving an eligible construction contractor pursuant to the program shall require an eligible construction contractor to do all of the following: (1) Pay all wages, benefits, and taxes owed, if any, to or in relation to all of its construction drivers reclassified from independent contractors to employees for the period of time from the first date of misclassification to the date the settlement agreement is executed, but not exceeding the applicable statute of limitations. The settlement shall include interest on unpaid taxes at the adjusted annual rate and by the method established pursuant to Section 19521 of the Revenue and Taxation Code and interest for unpaid wages at the rate of interest specified in subdivision (b) of Section 3289 of the Civil Code. (2) Maintain any converted construction driver positions as employee positions. (3) Consent that any future construction drivers hired to perform the same or similar duties as those employees converted pursuant to the settlement agreement shall be presumed to have employee status and that the eligible construction contractor shall have the burden to prove by clear and convincing evidence that they are not employees in any administrative or judicial proceeding in which their employment status is an issue. (4) Immediately after the execution of the settlement agreement, secure the workers’ compensation coverage that is legally required for the construction drivers who were reclassified as employees, effective on or before the date the settlement agreement is executed. (5) Provide the Labor Commissioner with proof of workers’ compensation insurance coverage in compliance with paragraph (4) within five days of securing the coverage. (6) Pay the costs authorized by subdivision (g), if required. (7) Perform any other requirements or provisions the Labor Commissioner and the department deem necessary to carry out the intent of this section, the program, or to enforce the settlement agreement. (g) A settlement agreement may require an eligible construction contractor to pay the reasonable, actual costs of the Labor Commissioner and the department for their respective review, approval, and compliance monitoring of the settlement agreement. The costs shall be deposited into the Labor Enforcement and Compliance Fund. The portion of the costs attributable to the department shall be transferred to the department upon appropriation by the Legislature. (h) The settlement agreement may include provisions for an eligible construction contractor to make installment payments of amounts due pursuant to paragraphs (1) and (6) of subdivision (f) in lieu of a full payment. The period of installment payments shall not exceed 24 months from the date the settlement agreement is signed. An installment payment agreement shall be included within the settlement agreement and charge interest on the outstanding amounts due for unpaid taxes at the adjusted annual rate and by the method established pursuant to Section 19521 of the Revenue and Taxation Code and due for unpaid wages at the rate of interest specified in subdivision (b) of Section 3289 of the Civil Code. Interest on amounts due shall be charged from the day after the date the settlement agreement is executed, which will be the new date of delinquency, until paid. The settlement agreement shall contain a provision that if a construction contractor fails, without good cause, to fully comply with terms of the settlement agreement authorizing installment payments, the settlement agreement shall be null and void and the total amount of tax, interest, and penalties for the time period covered by the settlement agreement shall be immediately due and payable. (i) The Labor Commissioner and the department may share any information necessary to carry out the program. Sharing information pursuant to this subdivision shall not constitute a waiver of any applicable confidentiality requirements and the party receiving the information shall be subject to any existing confidentiality requirements for that information. (j) (1) Notwithstanding any other law and pursuant to the program, an eligible construction contractor that executed and performed its obligations pursuant to a settlement agreement shall not be liable, and the Labor Commissioner or the department shall not enforce, any civil or statutory penalties under this code or the Unemployment Insurance Code resulting from the misclassification of employees, including, but not limited to, remedies available under subdivision (e) of Section 226, that might have become due and payable for the time period covered by the settlement agreement, except for the following penalties: (A) A penalty assessed by the department under Section 1128 of the Unemployment Insurance Code that is final on the date of the settlement agreement is executed, unless the penalty is reversed by the California Unemployment Insurance Appeals Board. (B) A penalty for an amount an eligible construction contractor admitted was based on fraud or made with the intent to evade the reporting requirements set forth in this division, Division 1 (commencing with Section 100) of the Unemployment Insurance Code, or authorized regulations. (C) A penalty based on a violation of this division or Division 6 (commencing with Section 13000) of the Unemployment Insurance Code and either of the following: (i) The eligible construction contractor was on notice of a criminal investigation due to a complaint having been filed or by written notice having been mailed to the eligible construction contractor informing the construction contractor that they are under criminal investigation. (ii) A criminal court proceeding has already been initiated against the eligible construction contractor. (2) (A) Notwithstanding any other law and pursuant to the program, an eligible construction contractor that executed and performed their obligations pursuant to a settlement agreement shall not be liable, and the Labor Commissioner or the department shall not enforce, any unpaid penalties or interest owed on unpaid penalties for which an eligible construction contractor may have been liable but that were not yet assessed by the department or by a court of competent jurisdiction on or before the date the settlement agreement was executed, pursuant to Sections 1112, 1112.5, 1126, and 1127 of the Unemployment Insurance Code for the tax reporting periods for which the settlement agreement is applicable, that may be owed as a result of the nonpayment of tax liabilities due to the misclassification of one or more construction drivers as independent contractors and the reclassification of these construction drivers as employees. Any penalties, and interest owed on penalties, established as a result of an assessment issued by the department or by a court of competent jurisdiction before the date the settlement agreement was executed shall not be waived pursuant to the program. (B) For purposes of paragraph (1), state personal income taxes required to be withheld by Section 13020 of the Unemployment Insurance Code and owed by the construction contractor pursuant to Section 13070 of the Unemployment Insurance Code shall not be collected, if the eligible construction contractor issued an information return pursuant to Section 6041A of the Internal Revenue Code reporting payment or if the construction driver certifies that the state personal income tax has been paid or that the construction driver has reported to the Franchise Tax Board the payment against which the state personal income tax would have been imposed. (3) A refund or credit for any penalty or interest paid prior to the date an eligible construction contractor applied to participate in the program shall not be granted. (4) Except for violations described in Section 2119 of the Unemployment Insurance Code, the department shall not bring a criminal action for failing to report tax liabilities against an eligible construction contractor that executed and performed their obligations pursuant to a settlement agreement for the tax reporting periods subject to the settlement agreement. (k) The statute of limitations on any claim or liability that might have been asserted against a construction contractor based on the construction contractor having misclassified a construction driver as an independent contractor shall be tolled from the date a construction contractor applies for participation in the program through the date the Labor Commissioner either denies the construction contractor participation in the program or the construction contractor, as an eligible construction contractor, has failed to perform an obligation under the settlement agreement, whichever is later. (l) (1) The recovery obtained by the Labor Commissioner on behalf of a reclassified construction driver pursuant to a settlement agreement shall be tendered to the construction driver on the condition that the construction driver shall execute a release of all claims covered by the settlement agreement that the construction driver may have against the eligible construction contractor based on the eligible construction contractor’s failure to classify the construction driver as an employee. (2) A construction driver shall not be under any obligation to accept the terms of a settlement agreement. (A) If a construction driver declines to accept the terms of a settlement agreement, the construction driver shall not be bound by the settlement agreement, except that the eligible construction contractor shall still reclassify the construction driver as an employee and that construction driver shall be precluded from pursuing a claim for civil penalties or statutory penalties under the Labor Code Private Attorneys General Act of 2004 (Part 13 (commencing with Section 2698) of Division 2) for a claim arising during the period of time covered by the settlement agreement. (B) If a construction driver does not accept the terms of a settlement agreement, the construction contractor shall be excused from performing their requirement under the settlement agreement to pay the amount acknowledged in the settlement agreement to be due to that construction driver. (m) (1) If the Labor Commissioner determines an eligible construction contractor violated or failed to perform any of their obligations under a settlement agreement, the Labor Commissioner may file a civil action to enforce the settlement agreement. (2) (A) If the Labor Commissioner files a civil action seeking only recovery of the amounts due to construction drivers under the settlement agreement, the Labor Commissioner may obtain judicial enforcement by filing a petition for entry of judgment for the liabilities due and remaining pursuant to the settlement agreement. (B) After filing a petition pursuant to subparagraph (A), the Labor Commissioner may file an application for an order to show cause and serve it on the eligible construction contractor. Within 60 days of the date the Labor Commissioner filed the order to show cause, the court shall hold a hearing and enter a judgment. The judgment shall be in amounts which are due and owing to construction drivers pursuant to the settlement agreement with credits, if any, for applicable payments the eligible construction contractor made under the settlement agreement. A judgment entered pursuant to this paragraph shall not preclude subsequent action to recover civil penalties or statutory penalties by the Labor Commissioner, or by an employee pursuant to Sections 2698 to 2699.5, inclusive. (3) If the court determines in any action filed by the Labor Commissioner that a construction contractor has violated or otherwise failed to perform any of their obligations under a settlement agreement, the court shall award the Labor Commissioner costs and reasonable attorney’s fees. (Added by Stats. 2025, Ch. 659, Sec. 1. (SB 809) Effective January 1, 2026.)
  190. 2751.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. The Contract of Employment [2750 - 2755] ( Article 1 enacted by Stats. 1937, Ch. 90. )

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    If an employment contract for work in this state includes commissions, it must be written and explain how commissions are computed and paid; the employer must also give each employee a signed copy and get a signed receipt.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. The Contract of Employment [2750 - 2755] ( Article 1 enacted by Stats. 1937, Ch. 90. ) ## 2751. (a) Whenever an employer enters into a contract of employment with an employee for services to be rendered within this state and the contemplated method of payment of the employee involves commissions, the contract shall be in writing and shall set forth the method by which the commissions shall be computed and paid. (b) The employer shall give a signed copy of the contract to every employee who is a party thereto and shall obtain a signed receipt for the contract from each employee. In the case of a contract that expires and where the parties nevertheless continue to work under the terms of the expired contract, the contract terms are presumed to remain in full force and effect until the contract is superseded or employment is terminated by either party. (c) As used in this section, “commissions” has the meaning set forth in Section 204.1. For purposes of this section only, “commission” does not include any of the following: (1) Short-term productivity bonuses such as are paid to retail clerks. (2) Temporary, variable incentive payments that increase, but do not decrease, payment under the written contract. (3) Bonus and profit-sharing plans, unless there has been an offer by the employer to pay a fixed percentage of sales or profits as compensation for work to be performed. (Amended by Stats. 2012, Ch. 826, Sec. 1. (AB 2675) Effective January 1, 2013.)
  191. 2753.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. The Contract of Employment [2750 - 2755] ( Article 1 enacted by Stats. 1937, Ch. 90. )

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    A person who knowingly, for payment or other valuable consideration, advises an employer to classify someone as an independent contractor to avoid employee status can be jointly and severally liable with the employer if that person is later found not to be an independent contractor.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. The Contract of Employment [2750 - 2755] ( Article 1 enacted by Stats. 1937, Ch. 90. ) ## 2753. (a) A person who, for money or other valuable consideration, knowingly advises an employer to treat an individual as an independent contractor to avoid employee status for that individual shall be jointly and severally liable with the employer if the individual is found not to be an independent contractor. (b) This section does not apply to the following persons: (1) A person who provides advice to his or her employer. (2) An attorney authorized to practice law in California or another United States jurisdiction who provides legal advice in the course of the practice of law. (Added by Stats. 2011, Ch. 706, Sec. 2. (SB 459) Effective January 1, 2012.)
  192. 2754.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. The Contract of Employment [2750 - 2755] ( Article 1 enacted by Stats. 1937, Ch. 90. )

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    A cheerleader used by a California-based professional sports team is treated as an employee, and the team must ensure that classification.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. The Contract of Employment [2750 - 2755] ( Article 1 enacted by Stats. 1937, Ch. 90. ) ## 2754. (a) For the purposes of this section, the following definitions shall apply: (1) “California-based team” means a team that plays a majority of its home games in California. (2) “Cheerleader” means an individual who performs acrobatics, dance, or gymnastics exercises on a recurring basis. This term shall not include an individual who is not otherwise affiliated with a California-based professional sports team and is utilized during its exhibitions, events, or games no more than one time in a calendar year. (3) “Professional sports team” means a team at either a minor or major league level in the sport of baseball, basketball, football, ice hockey, or soccer. (b) Notwithstanding any other law, for purposes of all of the provisions of state law that govern employment, including this code, the Unemployment Insurance Code, and the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code), a cheerleader who is utilized by a California-based professional sports team directly or through a labor contractor during its exhibitions, events, or games, shall be deemed to be an employee. (c) The professional sports team shall ensure that the cheerleader is classified as an employee. (Added by Stats. 2015, Ch. 102, Sec. 1. (AB 202) Effective January 1, 2016.)
  193. 2755.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. The Contract of Employment [2750 - 2755] ( Article 1 enacted by Stats. 1937, Ch. 90. )

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    The state, counties, and public authorities are not the employer or joint employer of an In-Home Supportive Services provider, except where state law explicitly says otherwise.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. The Contract of Employment [2750 - 2755] ( Article 1 enacted by Stats. 1937, Ch. 90. ) ## 2755. (a) For purposes of implementing Section 12316.1 of the Welfare and Institutions Code, the state, counties, and public authorities are not the employer or joint employer of any In-Home Supportive Services provider, except as explicitly set forth under state law. (b) It is the intent of the Legislature that, to the extent allowable under state and federal law, the Career Pathways Program shall be a separate and voluntary benefit and shall not produce an adverse effect to recipients or providers. (Added by Stats. 2021, Ch. 696, Sec. 17. (AB 172) Effective October 8, 2021.)
  194. 2775.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1.5. Worker Status: Employees [2775 - 2787] ( Article 1.5 added by Stats. 2020, Ch. 38, Sec. 2. )

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    This section defines worker-status terms and says a person paid for labor or services is treated as an employee unless the hiring entity proves all required conditions. It also preserves specified express exceptions and points to Borello if the three-part test cannot be applied in a particular context.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1.5. Worker Status: Employees [2775 - 2787] ( Article 1.5 added by Stats. 2020, Ch. 38, Sec. 2. ) ## 2775. (a) As used in this article: (1) “Dynamex” means Dynamex Operations W. Inc. v. Superior Court (2018) 4 Cal.5th 903. (2) “Borello” means the California Supreme Court’s decision in S. G. Borello & Sons, Inc. v. Department of Industrial Relations (1989) 48 Cal.3d 341. (b) (1) For purposes of this code and the Unemployment Insurance Code, and for the purposes of wage orders of the Industrial Welfare Commission, a person providing labor or services for remuneration shall be considered an employee rather than an independent contractor unless the hiring entity demonstrates that all of the following conditions are satisfied: (A) The person is free from the control and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work and in fact. (B) The person performs work that is outside the usual course of the hiring entity’s business. (C) The person is customarily engaged in an independently established trade, occupation, or business of the same nature as that involved in the work performed. (2) Notwithstanding paragraph (1), any exceptions to the terms “employee,” “employer,” “employ,” or “independent contractor,” and any extensions of employer status or liability, that are expressly made by a provision of this code, the Unemployment Insurance Code, or in an applicable order of the Industrial Welfare Commission, including, but not limited to, the definition of “employee” in subdivision 2(E) of Wage Order No. 2, shall remain in effect for the purposes set forth therein. (3) If a court of law rules that the three-part test in paragraph (1) cannot be applied to a particular context based on grounds other than an express exception to employment status as provided under paragraph (2), then the determination of employee or independent contractor status in that context shall instead be governed by the California Supreme Court’s decision in S. G. Borello & Sons, Inc. v. Department of Industrial Relations (1989) 48 Cal.3d 341 (Borello). (Added by Stats. 2020, Ch. 38, Sec. 2. (AB 2257) Effective September 4, 2020.)
  195. 2775.5.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1.5. Worker Status: Employees [2775 - 2787] ( Article 1.5 added by Stats. 2020, Ch. 38, Sec. 2. )

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    Owning a vehicle used for paid labor or services does not by itself make the person an independent contractor.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1.5. Worker Status: Employees [2775 - 2787] ( Article 1.5 added by Stats. 2020, Ch. 38, Sec. 2. ) ## 2775.5. (a) Mere ownership of a vehicle, including a personal vehicle or a commercial vehicle, used by a person in providing labor or services for remuneration does not make that person an independent contractor. A person who owns a vehicle they use to provide labor or services, either as an individual or through a business entity they own, may be either an employee or an independent contractor depending on whether the conditions in paragraph (1) of subdivision (b) of Section 2775 are satisfied. If the conditions are not satisfied and the owner of the vehicle is an employee, the employee shall be reimbursed for use of the vehicle as described in Sections 2802 and 2802.2. (b) This section is declarative of existing law. (Added by Stats. 2025, Ch. 659, Sec. 2. (SB 809) Effective January 1, 2026.)
  196. 2776.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1.5. Worker Status: Employees [2775 - 2787] ( Article 1.5 added by Stats. 2020, Ch. 38, Sec. 2. )

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    Section 2776 says a bona fide business-to-business contracting relationship is outside Section 2775 and Dynamex if the listed criteria are met.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1.5. Worker Status: Employees [2775 - 2787] ( Article 1.5 added by Stats. 2020, Ch. 38, Sec. 2. ) ## 2776. Section 2775 and the holding in Dynamex do not apply to a bona fide business-to-business contracting relationship, as defined below, under the following conditions: (a) If an individual acting as a sole proprietor, or a business entity formed as a partnership, limited liability company, limited liability partnership, or corporation (“business service provider”) contracts to provide services to another such business or to a public agency or quasi-public corporation (“contracting business”), the determination of employee or independent contractor status of the business services provider shall be governed by Borello, if the contracting business demonstrates that all of the following criteria are satisfied: (1) The business service provider is free from the control and direction of the contracting business entity in connection with the performance of the work, both under the contract for the performance of the work and in fact. (2) The business service provider is providing services directly to the contracting business rather than to customers of the contracting business. This subparagraph does not apply if the business service provider’s employees are solely performing the services under the contract under the name of the business service provider and the business service provider regularly contracts with other businesses. (3) The contract with the business service provider is in writing and specifies the payment amount, including any applicable rate of pay, for services to be performed, as well as the due date of payment for such services. (4) If the work is performed in a jurisdiction that requires the business service provider to have a business license or business tax registration, the business service provider has the required business license or business tax registration. (5) The business service provider maintains a business location, which may include the business service provider’s residence, that is separate from the business or work location of the contracting business. (6) The business service provider is customarily engaged in an independently established business of the same nature as that involved in the work performed. (7) The business service provider can contract with other businesses to provide the same or similar services and maintain a clientele without restrictions from the hiring entity. (8) The business service provider advertises and holds itself out to the public as available to provide the same or similar services. (9) Consistent with the nature of the work, the business service provider provides its own tools, vehicles, and equipment to perform the services, not including any proprietary materials that may be necessary to perform the services under the contract. (10) The business service provider can negotiate its own rates. (11) Consistent with the nature of the work, the business service provider can set its own hours and location of work. (12) The business service provider is not performing the type of work for which a license from the Contractors’ State License Board is required, pursuant to Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code. (b) When two bona fide businesses are contracting with one another under the conditions set forth in subdivision (a), the determination of whether an individual worker who is not acting as a sole proprietor or formed as a business entity, is an employee or independent contractor of the business service provider or contracting business is governed by Section 2775. (c) This section does not alter or supersede any existing rights under Section 2810.3. (Added by Stats. 2020, Ch. 38, Sec. 2. (AB 2257) Effective September 4, 2020.)
  197. 2777.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1.5. Worker Status: Employees [2775 - 2787] ( Article 1.5 added by Stats. 2020, Ch. 38, Sec. 2. )

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    This section says section 2775 and Dynamex do not apply to certain referral-agency relationships if listed conditions are met.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1.5. Worker Status: Employees [2775 - 2787] ( Article 1.5 added by Stats. 2020, Ch. 38, Sec. 2. ) ## 2777. Section 2775 and the holding in Dynamex do not apply to the relationship between a referral agency and a service provider, as defined below, under the following conditions: (a) If an individual acting as a sole proprietor, or a business entity formed as a partnership, limited liability company, limited liability partnership, or corporation (“service provider”) provides services to clients through a referral agency, the determination of whether the service provider is an employee or independent contractor of the referral agency shall be governed by Borello, if the referral agency demonstrates that all of the following criteria are satisfied: (1) The service provider is free from the control and direction of the referral agency in connection with the performance of the work for the client, both as a matter of contract and in fact. (2) If the work for the client is performed in a jurisdiction that requires the service provider to have a business license or business tax registration in order to provide the services under the contract, the service provider shall certify to the referral agency that they have the required business license or business tax registration. The referral agency shall keep the certifications for a period of at least three years. As used in this paragraph: (A) “Business license” includes a license, tax certificate, fee, or equivalent payment that is required or collected by a local jurisdiction annually, or on some other fixed cycle, as a condition of providing services in the local jurisdiction. (B) “Local jurisdiction” means a city, county, or city and county, including charter cities. (3) If the work for the client requires the service provider to hold a state contractor’s license pursuant to Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code, the service provider has the required contractor’s license. (4) If there is an applicable professional licensure, permit, certification, or registration administered or recognized by the state available for the type of work being performed for the client, the service provider shall certify to the referral agency that they have the appropriate professional licensure, permit, certification, or registration. The referral agency shall keep the certifications for a period of at least three years. (5) The service provider delivers services to the client under the service provider’s name, without being required to deliver the services under the name of the referral agency. (6) The service provider provides its own tools and supplies to perform the services. (7) The service provider is customarily engaged, or was previously engaged, in an independently established business or trade of the same nature as, or related to, the work performed for the client. (8) The referral agency does not restrict the service provider from maintaining a clientele and the service provider is free to seek work elsewhere, including through a competing referral agency. (9) The service provider sets their own hours and terms of work or negotiates their hours and terms of work directly with the client. (10) Without deduction by the referral agency, the service provider sets their own rates, negotiates their rates with the client through the referral agency, negotiates rates directly with the client, or is free to accept or reject rates set by the client. (11) The service provider is free to accept or reject clients and contracts, without being penalized in any form by the referral agency. This paragraph does not apply if the service provider accepts a client or contract and then fails to fulfill any of its contractual obligations. (b) For purposes of this section, the following definitions apply: (1) “Client” means: (A) A person who utilizes a referral agency to contract for services from a service provider, or (B) A business that utilizes a referral agency to contract for services from a service provider that are otherwise not provided on a regular basis by employees at the client’s business location, or to contract for services that are outside of the client’s usual course of business. Notwithstanding subdivision (a), it is the responsibility of a business that utilizes a referral agency to contract for services, to meet the conditions outlined in this subparagraph. (2) (A) “Referral agency” is a business that provides clients with referrals for service providers to provide services under a contract, with the exception of services in subparagraph (C). (B) Under this paragraph, referrals for services shall include, but are not limited to, graphic design, web design, photography, tutoring, consulting, youth sports coaching, caddying, wedding or event planning, services provided by wedding and event vendors, minor home repair, moving, errands, furniture assembly, animal services, dog walking, dog grooming, picture hanging, pool cleaning, yard cleanup, and interpreting services. (C) Under this paragraph, referrals for services do not include services provided in an industry designated by the Division of Occupational Safety and Health or the Department of Industrial Relations as a high hazard industry pursuant to subparagraph (A) of paragraph (3) of subdivision (e) of Section 6401.7 of the Labor Code or referrals for businesses that provide janitorial, delivery, courier, transportation, trucking, agricultural labor, retail, logging, in-home care, or construction services other than minor home repair. (3) (A) “Referral agency contract” is the agency’s contract with clients and service providers governing the use of its intermediary services described in paragraph (2). The intermediary services provided to the service provider by the referral agency are limited to client referrals and other administrative services ancillary to the service provider’s business operation. (B) A referral agency’s contract may include a fee or fees to be paid by the client for utilizing the referral agency. This fee shall not be deducted from the rate set or negotiated by the service provider as set forth in paragraph (10) of subdivision (a). (4) “Service provider” means an individual acting as a sole proprietor or business entity that agrees to the referral agency’s contract and uses the referral agency to connect with clients. (5) “Tutor” means a person who develops and teaches their own curriculum, teaches curriculum that is proprietarily and privately developed, or provides private instruction or supplemental academic enrichment services by using their own teaching methodology or techniques. A “tutor” does not include an individual who contracts with a local education agency or private school through a referral agency for purposes of teaching students of a public or private school in a classroom setting. (6) (A) “Youth sports coaching” means services provided by a youth sports coach who develops and implements their own curriculum, which may be subject to requirements of a youth sports league, for an athletic program in which youth who are 18 years of age or younger predominantly participate and that is organized for the purposes of training for and engaging in athletic activity and competition. “Youth sports coaching” does not mean services provided by an individual who contracts with a local education agency or private school through a referral agency for purposes of teaching students of a public or private school. (7) “Interpreting services” means: (A) Services provided by a certified or registered interpreter in a language with an available certification or registration through the Judicial Council of California, State Personnel Board, or any other agency or department in the State of California, or through a testing organization, agency, or educational institution approved or recognized by the state, or through the Registry of Interpreters for the Deaf, Certification Commission for Healthcare Interpreters, National Board of Certification for Medical Interpreters, International Association of Conference Interpreters, United States Department of State, or the Administrative Office of the United States Courts. (B) Services provided by an interpreter in a language without an available certification through the entities listed in subparagraph (A). (8) “Consulting” means providing substantive insight, information, advice, opinions, or analysis that requires the exercise of discretion and independent judgment and is based on an individual’s knowledge or expertise of a particular subject matter or field of study. (9) “Animal services” means services related to daytime and nighttime pet care including pet boarding under Section 122380 of the Health and Safety Code. (c) The determination of whether an individual worker is an employee of a service provider or whether an individual worker is an employee of a client is governed by Section 2775. (Added by Stats. 2020, Ch. 38, Sec. 2. (AB 2257) Effective September 4, 2020.)
  198. 2778.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1.5. Worker Status: Employees [2775 - 2787] ( Article 1.5 added by Stats. 2020, Ch. 38, Sec. 2. )

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    Professional-services contracts are excluded from Section 2775 and Dynamex if the hiring entity proves all listed factors, and certain reporting and license conditions also apply in specific cases.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1.5. Worker Status: Employees [2775 - 2787] ( Article 1.5 added by Stats. 2020, Ch. 38, Sec. 2. ) ## 2778. (a) Section 2775 and the holding in Dynamex do not apply to a contract for “professional services” as defined below, and instead the determination of whether the individual is an employee or independent contractor shall be governed by Borello if the hiring entity demonstrates that all of the following factors are satisfied: (1) The individual maintains a business location, which may include the individual’s residence, that is separate from the hiring entity. Nothing in this paragraph prohibits an individual from choosing to perform services at the location of the hiring entity. (2) If work is performed more than six months after the effective date of this section and the work is performed in a jurisdiction that requires the individual to have a business license or business tax registration, the individual has the required business license or business tax registration in order to provide the services under the contract, in addition to any required professional licenses or permits for the individual to practice in their profession. (3) The individual has the ability to set or negotiate their own rates for the services performed. (4) Outside of project completion dates and reasonable business hours, the individual has the ability to set the individual’s own hours. (5) The individual is customarily engaged in the same type of work performed under contract with another hiring entity or holds themselves out to other potential customers as available to perform the same type of work. (6) The individual customarily and regularly exercises discretion and independent judgment in the performance of the services. (b) For purposes of this section: (1) An “individual” includes an individual providing services as a sole proprietor or other business entity. (2) “Professional services” means services that meet any of the following: (A) Marketing, provided that the contracted work is original and creative in character and the result of which depends primarily on the invention, imagination, or talent of the individual or work that is an essential part of or necessarily incident to any of the contracted work. (B) Administrator of human resources, provided that the contracted work is predominantly intellectual and varied in character and is of such character that the output produced or the result accomplished cannot be standardized in relation to a given period of time. (C) Travel agent services provided by either of the following: (i) A person regulated by the Attorney General under Article 2.6 (commencing with Section 17550) of Chapter 1 of Part 3 of Division 7 of the Business and Professions Code. (ii) An individual who is a seller of travel within the meaning of subdivision (a) of Section 17550.1 of the Business and Professions Code and who is exempt from the registration under subdivision (g) of Section 17550.20 of the Business and Professions Code. (D) Graphic design. (E) Grant writer. (F) (i) Fine artist. (ii) For the purposes of this subparagraph, “fine artist” means an individual who creates works of art to be appreciated primarily or solely for their imaginative, aesthetic, or intellectual content, including drawings, paintings, sculptures, mosaics, works of calligraphy, works of graphic art, crafts, or mixed media. (G) Services provided by an enrolled agent who is licensed by the United States Department of the Treasury to practice before the Internal Revenue Service pursuant to Part 10 of Subtitle A of Title 31 of the Code of Federal Regulations. (H) Payment processing agent through an independent sales organization. (I) Services provided by any of the following: (i) By a still photographer, photojournalist, videographer, or photo editor who works under a written contract that specifies the rate of pay and obligation to pay by a defined time, as long as the individual providing the services is not directly replacing an employee who performed the same work at the same volume for the hiring entity; the individual does not primarily perform the work at the hiring entity’s business location, notwithstanding paragraph (1) of subdivision (a); and the individual is not restricted from working for more than one hiring entity. This subclause is not applicable to a still photographer, photojournalist, videographer, or photo editor who works on motion pictures, which is inclusive of, but is not limited to, theatrical or commercial productions, broadcast news, television, and music videos. Nothing in this section restricts a still photographer, photojournalist, photo editor, or videographer from distributing, licensing, or selling their work product to another business, except as prohibited under copyright laws or workplace collective bargaining agreements. (ii) To a digital content aggregator by a still photographer, photojournalist, videographer, or photo editor. (iii) For the purposes of this subparagraph the following definitions apply: (I) “Photo editor” means an individual who performs services ancillary to the creation of digital content, such as retouching, editing, and keywording. (II) “Digital content aggregator” means a licensing intermediary that obtains a license or assignment of copyright from a still photographer, photojournalist, videographer, or photo editor for the purposes of distributing that copyright by way of sublicense or assignment, to the intermediary’s third-party end users. (J) Services provided by a freelance writer, translator, editor, copy editor, illustrator, or newspaper cartoonist who works under a written contract that specifies the rate of pay, intellectual property rights, and obligation to pay by a defined time, as long as the individual providing the services is not directly replacing an employee who performed the same work at the same volume for the hiring entity; the individual does not primarily perform the work at the hiring entity’s business location, notwithstanding paragraph (1) of subdivision (a); and the individual is not restricted from working for more than one hiring entity. (K) Services provided by an individual as a content contributor, adviser, producer, narrator, or cartographer for a journal, book, periodical, evaluation, other publication or educational, academic, or instructional work in any format or media, who works under a written contract that specifies the rate of pay, intellectual property rights, and obligation to pay by a defined time, as long as the individual providing the services is not directly replacing an employee who performed the same work at the same volume for the hiring entity, the individual does not primarily perform the work at the hiring entity’s business location notwithstanding paragraph (1) of subdivision (a), and the individual is not restricted from working for more than one hiring entity. (L) (i) Services provided by a licensed esthetician, licensed electrologist, licensed manicurist, licensed barber, or licensed cosmetologist provided that the individual: (I) Sets their own rates, processes their own payments, and is paid directly by clients. (II) Sets their own hours of work and has sole discretion to decide the number of clients and which clients for whom they will provide services. (III) Has their own book of business and schedules their own appointments. (IV) Maintains their own business license for the services offered to clients. (V) If the individual is performing services at the location of the hiring entity, then the individual issues a Form 1099 to the salon or business owner from which they rent their business space. (ii) The Employment Development Department and the Division of Labor Standards Enforcement shall report to the Legislature by June 1, 2026, in compliance with Section 9795 of the Government Code, the annual number of allegations of misclassification or other violations of this code involving licensed manicurists since January 1, 2020, including the number of investigations undertaken, the number of workers impacted, and the number and outcomes of enforcement actions initiated. (iii) This subparagraph shall become inoperative, with respect to licensed manicurists, on January 1, 2029. (M) A specialized performer hired by a performing arts company or organization to teach a master class for no more than one week. “Master class” means a specialized course for limited duration that is not regularly offered by the hiring entity and is taught by an expert in a recognized field of artistic endeavor who does not work for the hiring entity to teach on a regular basis. (N) Services provided by an appraiser, as defined in Part 3 (commencing with Section 11300) of Division 4 of the Business and Professions Code. (O) Registered professional foresters licensed pursuant to Article 3 (commencing with Section 750) of Chapter 2.5 of Division 1 of the Public Resources Code. (c) Section 2775 and the holding in Dynamex do not apply to the following, which are subject to the Business and Professions Code: (1) A real estate licensee licensed by the State of California pursuant to Division 4 (commencing with Section 10000) of the Business and Professions Code, for whom the determination of employee or independent contractor status shall be governed by subdivision (b) of Section 10032 of the Business and Professions Code. If that section is not applicable, then this determination shall be governed as follows: (A) For purposes of unemployment insurance by Section 650 of the Unemployment Insurance Code. (B) For purposes of workers’ compensation by Section 3200 et seq. (C) For all other purposes in the Labor Code by Borello. The statutorily imposed duties of a responsible broker under Section 10015.1 of the Business and Professions Code are not factors to be considered under the Borello test. (2) A home inspector, as defined in Section 7195 of the Business and Professions Code, and subject to the provisions of Chapter 9.3 (commencing with Section 7195) of Division 3 of that code. (3) A repossession agency licensed pursuant to Section 7500.2 of the Business and Professions Code, for whom the determination of employee or independent contractor status shall be governed by Section 7500.2 of the Business and Professions Code, if the repossession agency is free from the control and direction of the hiring person or entity in connection with the performance of the work, both under the contract for the performance of the work and in fact. (Amended by Stats. 2025, Ch. 305, Sec. 1. (AB 1514) Effective January 1, 2026.)
  199. 2779.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1.5. Worker Status: Employees [2775 - 2787] ( Article 1.5 added by Stats. 2020, Ch. 38, Sec. 2. )

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    This section says Section 2775 and the Dynamex holding do not apply to certain two-person contracting relationships at a single-engagement event if eight listed conditions are met.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1.5. Worker Status: Employees [2775 - 2787] ( Article 1.5 added by Stats. 2020, Ch. 38, Sec. 2. ) ## 2779. (a)Section 2775 and the holding in Dynamex do not apply to the relationship between two individuals wherein each individual is acting as a sole proprietor or separate business entity formed as a partnership, limited liability company, limited liability partnership, or corporation performing work pursuant to a contract for purposes of providing services at the location of a single-engagement event, as defined below, under the following conditions: (1) Neither individual is subject to control and direction by the other, in connection with the performance of the work, both under the contract for the performance of the work and in fact. (2) Each individual has the ability to negotiate their rate of pay with the other individual. (3) The written contract between both individuals specifies the total payment for services provided by both individuals at the single-engagement event, and the specific rate paid to each individual. (4) Each individual maintains their own business location, which may include the individual’s personal residence. (5) Each individual provides their own tools, vehicles, and equipment to perform the services under the contract. (6) If the work is performed in a jurisdiction that requires an individual to have a business license or business tax registration, then each individual has the required business license or business tax registration. (7) Each individual is customarily engaged in the same or similar type of work performed under the contract or each individual separately holds themselves out to other potential customers as available to perform the same type of work. (8) Each individual can contract with other businesses to provide the same or similar services and maintain their own clientele without restrictions. (b) “Single-engagement event” means a stand-alone non-recurring event in a single location, or a series of events in the same location no more than once a week. (c) “Services” under this section do not include services provided in an industry designated by the Division of Occupational Safety and Health or the Department of Industrial Relations as a high hazard industry pursuant to subparagraph (A) of paragraph (3) of subdivision (e) of Section 6401.7 or janitorial, delivery, courier, transportation, trucking, agricultural labor, retail, logging, in-home care, or construction services other than minor home repair. (Added by Stats. 2020, Ch. 38, Sec. 2. (AB 2257) Effective September 4, 2020.)
  200. 2780.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1.5. Worker Status: Employees [2775 - 2787] ( Article 1.5 added by Stats. 2020, Ch. 38, Sec. 2. )

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    This section creates exceptions for certain music-industry workers, so some occupations are governed by Borello instead of Section 2775 and Dynamex.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1.5. Worker Status: Employees [2775 - 2787] ( Article 1.5 added by Stats. 2020, Ch. 38, Sec. 2. ) ## 2780. (a) (1) Section 2775 and the holding in Dynamex do not apply to the following occupations in connection with creating, marketing, promoting, or distributing sound recordings or musical compositions, and instead the holding in Borello shall apply to all of the following: (A) Recording artists, subject to the below. (B) Songwriters, lyricists, composers, and proofers. (C) Managers of recording artists. (D) Record producers and directors. (E) Musical engineers and mixers engaged in the creation of sound recordings. (F) Musicians engaged in the creation of sound recordings, subject to the below. (G) Vocalists, subject to the below. (H) Photographers working on recording photo shoots, album covers, and other press and publicity purposes. (I) Independent radio promoters. (J) Any other individual engaged to render any creative, production, marketing, or independent music publicist services related primarily to the creation, marketing, promotion, or distribution of sound recordings or musical compositions. (2) This subdivision shall not apply to any of the following: (A) Film and television unit production crews, as such term is commonly used in the film and television industries, working on live or recorded performances for audiovisual works, including still photographers and cinematographers. (B) Publicists who are not independent music publicists. (3) Notwithstanding Section 2775, paragraphs (1) and (2), and the holding in Dynamex, the terms and conditions of any current or future collective bargaining agreements or contractual agreements between the applicable labor unions and respective employers shall govern the determination of employment status in all events. (4) The following shall apply to recording artists, musicians, and vocalists: (A) Recording artists, musicians, and vocalists shall not be precluded from organizing under applicable provisions of labor law, or otherwise exercising rights granted to employees under the National Labor Relations Act (29 U.S.C. Sec. 151 et seq.). (B) (i) Musicians and vocalists who are not royalty-based participants in the work created during any specific engagement shall be treated as employees solely for purposes of receiving minimum and overtime wages for hours worked during the engagement, as well as any damages and penalties due to the failure to receive minimum or overtime wages. Any such wages, damages, and penalties owed under this subparagraph shall be determined according to the applicable provisions of this code, wage orders of the Industrial Welfare Commission, or applicable local laws. (ii) “Royalty-based participant” means an individual who has either negotiated for the collection or direct administration of royalties derived from the exploitation of a sound recording or musical composition, or is entitled to control, administer or collect royalties related to the exploitation of a sound recording or musical composition as a co-author or joint owner thereof. (C) In all events, and notwithstanding subparagraph (B), the terms and conditions of any current or future collective bargaining agreements or contractual agreements between the applicable labor unions and respective employers shall govern the determination of employment status. (b) (1) Section 2775 and the holding in Dynamex do not apply to a musician or musical group for the purpose of a single-engagement live performance event, and instead the determination of employee or independent contractor status shall be governed by Borello, unless one of the following conditions is met: (A) The musical group is performing as a symphony orchestra, the musical group is performing at a theme park or amusement park, or a musician is performing in a musical theater production. (B) The musical group is an event headliner for a performance taking place in a venue location with more than 1,500 attendees. (C) The musical group is performing at a festival that sells more than 18,000 tickets per day. (2) This subdivision is inclusive of rehearsals related to the single-engagement live performance event. (3) As used in this subdivision: (A) “Event headliner” means the musical group that appears most prominently in an event program, advertisement, or on a marquee. (B) “Festival” means a single day or multiday event in a single venue location that occurs once a year, featuring performances by various musical groups. (C) “Musical group” means a solo artist, band, or a group of musicians who perform under a distinct name. (D) “Musical theater production” means a form of theatrical performance that combines songs, spoken dialogue, acting, and dance. (E) “Musician” means an individual performing instrumental, electronic, or vocal music in a live setting. (F) “Single-engagement live performance event” means a stand-alone musical performance in a single venue location, or a series of performances in the same venue location no more than once a week. This does not include performances that are part of a tour or series of live performances at various locations. (G) “Venue location” means an indoor or outdoor location used primarily as a space to hold a concert or musical performance. “Venue location” includes, but is not limited to, a restaurant, bar, or brewery that regularly offers live musical entertainment. (c) Section 2775 and the holding in Dynamex do not apply to the following, and instead, the determination of employee or independent contractor status shall be governed by Borello: (1) An individual performance artist performing material that is their original work and creative in character and the result of which depends primarily on the individual’s invention, imagination, or talent, given all of the following conditions are satisfied: (A) The individual is free from the control and direction of the hiring entity in connection with the performance of the work, both as a matter of contract and in fact. This includes, and is not limited to, the right for the performer to exercise artistic control over all elements of the performance. (B) The individual retains the rights to their intellectual property that was created in connection with the performance. (C) Consistent with the nature of the work, the individual sets their terms of work and has the ability to set or negotiate their rates. (D) The individual is free to accept or reject each individual performance engagement without being penalized in any form by the hiring entity. (2) “Individual performance artist” shall include, but is not limited to, an individual performing comedy, improvisation, stage magic, illusion, mime, spoken word, storytelling, or puppetry. (3) This subdivision does not apply to an individual participating in a theatrical production, or a musician or musical group as defined in subdivision (b). (4) In all events, notwithstanding paragraph (1), the terms and conditions of any current or future collective bargaining agreements or contractual agreements between the applicable labor unions and respective employer shall govern the determination of employment status. (Added by Stats. 2020, Ch. 38, Sec. 2. (AB 2257) Effective September 4, 2020.)

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