California Labor Code 1140-1408

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1140.  This part shall be known and may be referred to as the
Alatorre-Zenovich-Dunlap-Berman Agricultural Labor Relations Act of
1975.


1140.2.  It is hereby stated to be the policy of the State of
California to encourage and protect the right of agricultural
employees to full freedom of association, self-organization, and
designation of representatives of their own choosing, to negotiate
the terms and conditions of their employment, and to be free from the
interference, restraint, or coercion of employers of labor, or their
agents, in the designation of such representatives or in
self-organization or in other concerted activities for the purpose of
collective bargaining or other mutual aid or protection. For this
purpose this part is adopted to provide for collective-bargaining
rights for agricultural employees.



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

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1141.  (a) There is hereby created in the Labor and Workforce
Development Agency the Agricultural Labor Relations Board, which
shall consist of five members.
   (b) The members of the board shall be appointed by the Governor
with the advice and consent of the Senate. The term of office of the
members shall be five years, and the terms shall be staggered at
one-year intervals. Upon the initial appointment, one member shall be
appointed for a term ending January 1, 1977, one member shall be
appointed for a term ending January 1, 1978, one member shall be
appointed for a term ending January 1, 1979, one member shall be
appointed for a term ending January 1, 1980, and one member shall be
appointed for a term ending January 1, 1981. Any individual appointed
to fill a vacancy of any member shall be appointed only for the
unexpired term of the member to whose term he or she is succeeding.
The Governor shall designate one member to serve as chairperson of
the board. Any member of the board may be removed by the Governor,
upon notice and hearing, for neglect of duty or malfeasance in
office, but for no other cause.



1142.  (a) The principal office of the board shall be in Sacramento,
but it may meet and exercise any or all of its power at any other
place in California.
   (b) Besides the principal office in Sacramento, as provided in
subdivision (a), the board may establish offices in such other cities
as it shall deem necessary. The board may delegate to the personnel
of these offices such powers as it deems appropriate to determine the
unit appropriate for the purpose of collective bargaining, to
investigate and provide for hearings, to determine whether a question
of representation exists, to direct an election by a secret ballot
pursuant to the provisions of Chapter 5 (commencing with Section
1156), and to certify the results of such election, and to
investigate, conduct hearings and make determinations relating to
unfair labor practices. The board may review any action taken
pursuant to the authority delegated under this section upon a request
for a review of such action filed with the board by an interested
party. Any such review made by the board shall not, unless
specifically ordered by the board, operate as a stay of any action
taken. The entire record considered by the board in considering or
acting upon any such request or review shall be made available to all
parties prior to such consideration or action, and the board's
findings and action thereon shall be published as a decision of the
board.


1142.5.  (a) The board shall maintain, at its principal office, a
telephone line 24 hours a day, seven days a week, for the purpose of
providing interested persons with information concerning their rights
and responsibilities under this part, or for referring such persons
to the appropriate agency or entity with the capacity to render
advice or help in dealing with any situation arising out of
agricultural labor disputes.
   In order to carry out its responsibilities pursuant to this
subdivision, the board may contract with an answering service to
receive telephone messages during periods of time that its principal
office is normally not open for business. Such messages shall be
transmitted to the board on the board's next business day, or at such
earlier time as the board specifies, or to its designated
representative at the earliest possible time.
   (b) Whenever a petition for an election has been filed in a
bargaining unit in which a majority of the employees are engaged in a
strike, the necessary and appropriate services of the board in the
region in which the election will be held shall be available to the
parties involved 24 hours a day until the election is held.



1143.  The board shall, at the close of each fiscal year, make a
report in writing to the Legislature and to the Governor stating in
detail the cases it has heard, the decisions it has rendered, the
names, salaries, and duties of all employees and officers in the
employ or under the supervision of the board, and an account of all
moneys it has disbursed.



1144.  The board may from time to time make, amend, and rescind, in
the manner prescribed in Chapter 3.5 (commencing with Section 11340)
of Part 1 of Division 3 of Title 2 of the Government Code, such rules
and regulations as may be necessary to carry out this part.



1144.5.  (a) Notwithstanding Section 11425.10 of the Government
Code, Chapter 4.5 (commencing with Section 11400) of Part 1 of
Division 3 of Title 2 of the Government Code does not apply to a
hearing by the board under this part, except a hearing to determine
an unfair labor practice charge.
   (b) Notwithstanding Sections 11425.30 and 11430.10 of the
Government Code, in a hearing to determine an unfair labor practice
charge, a person who has participated in a determination of probable
cause, injunctive or other pre-hearing relief, or other equivalent
preliminary determination in an adjudicative proceeding may serve as
presiding officer or as a supervisor of the presiding officer or may
assist or advise the presiding officer in the same proceeding.



1145.  The board may appoint an executive secretary and such
attorneys, hearing officers, administrative law officers, and other
employees as it may from time to time find necessary for the proper
performance of its duties. Attorneys appointed pursuant to this
section may, at the discretion of the board, appear for and represent
the board in any case in court. All employees appointed by the board
shall perform their duties in an objective and impartial manner
without prejudice toward any party subject to the jurisdiction of the
board.


1146.  The board is authorized to delegate to any group of three or
more board members any or all the powers which it may itself
exercise. A vacancy in the board shall not impair the right of the
remaining members to exercise all the powers of the board, and three
members shall at all times constitute a quorum. A vacancy shall be
filled in the same manner as an original appointment.



1147.  Each member of the board shall receive the salary provided
for by Chapter 6 (commencing with Section 11550) of Part 1 of
Division 3 of Title 2 of the Government Code.



1148.  The board shall follow applicable precedents of the National
Labor Relations Act, as amended.



1149.  There shall be a general counsel of the board who shall be
appointed by the Governor, subject to confirmation by a majority of
the Senate, for a term of four years. The general counsel shall have
the power to appoint such attorneys, administrative assistants, and
other employees as necessary for the proper exercise of his duties.
The general counsel of the board shall exercise general supervision
over all attorneys employed by the board (other than administrative
law officers and legal assistants to board members), and over the
officers and employees in the regional offices. He shall have final
authority, on behalf of the board, with respect to the investigation
of charges and issuance of complaints under Chapter 6 (commencing
with Section 1160) of this part, and with respect to the prosecution
of such complaints before the board. He shall have such other duties
as the board may prescribe or as may be provided by law. All
employees appointed by the general counsel shall perform their duties
in an objective and impartial manner without prejudice toward any
party subject to the jurisdiction of the board. In case of a vacancy
in the office of the general counsel, the Governor is authorized to
designate the officer or employee who shall act as general counsel
during such vacancy, but no person or persons so designated shall so
act either (1) for more than 40 days when the Legislature is in
session unless a nomination to fill such vacancy shall have been
submitted to the Senate, or (2) after the adjournment sine die of the
session of the Senate in which such nomination was submitted.




1150.  Each member of the board and the general counsel of the board
shall be eligible for reappointment, and shall not engage in any
other business, vocation, or employment.

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1151.  For the purpose of all hearings and investigations, which, in
the opinion of the board, are necessary and proper for the exercise
of the powers vested in it by Chapters 5 (commencing with Section
1156) and 6 (commencing with Section 1160) of this part:
   (a) The board, or its duly authorized agents or agencies, shall at
all reasonable times have access to, for the purpose of examination,
and the right to copy, any evidence of any person being investigated
or proceeded against that relates to any matter under investigation
or in question. The members of the board or their designees or their
duly authorized agents shall have the right of free access to all
places of labor. The board, or any member thereof, shall upon
application of any party to such proceedings, forthwith issue to such
party subpoenas requiring the attendance and testimony of witnesses
or the production of any evidence in such proceeding or investigation
requested in such application. Within five days after the service of
a subpoena on any person requiring the production of any evidence in
his possession or under his control, such person may petition the
board to revoke, and the board shall revoke, such subpoena if in its
opinion the evidence whose production is required does not relate to
any matter under investigation, or any matter in question in such
proceedings, or if in its opinion such subpoena does not describe
with sufficient particularity the evidence whose production is
required. Any member of the board, or any agent or agency designated
by the board for such purposes, may administer oaths and
affirmations, examine witnesses, and receive evidence. Such
attendance of witnesses and the production of such evidence may be
required from any place in the state at any designated place of
hearing.
   (b) In case of contumacy or refusal to obey a subpoena issued to
any person, any superior court in any county within the jurisdiction
of which the inquiry is carried on, or within the jurisdiction of
which such person allegedly guilty of contumacy or refusal to obey is
found or resides or transacts business, shall, upon application by
the board, have jurisdiction to issue to such person an order
requiring such person to appear before the board, its member, agent,
or agency, there to produce evidence if so ordered, or there to give
testimony touching the matter under investigation or in question. Any
failure to obey such order of the court may be punished by such
court as a contempt thereof.



1151.2.  (a) No person shall be excused from attending and
testifying, or from producing books, records, correspondence,
documents, or other evidence in obedience to the subpoena of the
board, on the ground that the testimony or evidence required of him
may tend to incriminate him or subject him to a penalty or
forfeiture. However, no individual shall be prosecuted or subjected
to any penalty or forfeiture for or on account of any transaction,
matter, or thing concerning which he is compelled, after having
claimed his privilege against self-incrimination, to testify or
produce evidence, except that such individual so testifying shall not
be exempt from prosecution and punishment for perjury committed in
so testifying.
   (b) No individual shall be granted immunity pursuant to
subdivision (a) unless, at least 10 calendar days prior thereto, the
board has given written notice, by registered mail, to the district
attorney of each county who may have reasonable grounds for objecting
to such grant of immunity. Such notice shall specify the subject
matter of the inquiries to which the witness' answers are to be
immunized from use.
   The board may not grant immunity in any case where it finds that a
district attorney has reasonable grounds for objecting to such grant
of immunity provided that the board may disregard objections that
are not accompanied by the declaration of the district attorney that
he or she is familiar with the notice and which sets forth the
grounds for resisting such grant of immunity.




1151.3.  Any party shall have the right to appear at any hearing in
person, by counsel, or by other representative.



1151.4.  (a) Complaints, orders, and other process and papers of the
board, its members, agents, or agency, may be served either
personally or by registered mail or by telegraph, or by leaving a
copy thereof at the principal office or place of business of the
person required to be served. The verified return by the individual
so serving the same setting forth the manner of such service shall be
proof of the same, and the return post office receipt or telegraph
receipt therefor when registered and mailed or telegraphed as
provided in this subdivision shall be proof of service of the same.
Witnesses summoned before the board, its members, agents, or agency,
shall be paid the same fees and mileage that are paid witnesses in
the courts of the state, and witnesses whose depositions are taken
and the persons taking the same shall severally be entitled to the
same fees as are paid for like services in the courts of the state.
   (b) All process of any court to which application may be made
under this part may be served in the county where the defendant or
other person required to be served resides or may be found.




1151.5.  The several departments and agencies of the state upon
request by the board, shall furnish the board all records, papers,
and information in their possession, not otherwise privileged,
relating to any matter before the board.


1151.6.  Any person who shall willfully resist, prevent, impede, or
interfere with any member of the board or any of its agents or
agencies in the performance of duties pursuant to this part shall be
guilty of a misdemeanor, and shall be punished by a fine of not more
than five thousand ($5,000) dollars.

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1152.  Employees shall have the right to self-organization, to form,
join, or assist labor organizations, to bargain collectively through
representatives of their own choosing, and to engage in other
concerted activities for the purpose of collective bargaining or
other mutual aid or protection, and shall also have the right to
refrain from any or all of such activities except to the extent that
such right may be affected by an agreement requiring membership in a
labor organization as a condition of continued employment as
authorized in subdivision (c) of Section 1153.

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



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



1154.5.  It shall be an unfair labor practice for any labor
organization which represents the employees of the employer and such
employer to enter into any contract or agreement, express or implied,
whereby such employer ceases or refrains, or agrees to cease or
refrain, from handling, using, selling, transporting, or otherwise
dealing in any of the products of any other employer, or to cease
doing business with any other person, and any contract or agreement
entered into heretofore or hereafter containing such an agreement
shall be, to such extent, unenforceable and void. Nothing in this
section shall apply to an agreement between a labor organization and
an employer relating to a supplier of an ingredient or ingredients
which are integrated into a product produced or distributed by such
employer where the labor organization is certified as the
representative of the employees of such supplier, but no
collective-bargaining agreement between such supplier and such labor
organization is in effect. Further, nothing in this section shall
apply to an agreement between a labor organization and an
agricultural employer relating to the contracting or subcontracting
of work to be done at the site of the farm and related operations.
Nothing in this part shall prohibit the enforcement of any agreement
which is within the foregoing exceptions.
   Nor shall anything in this section be construed to apply or be
applicable to any labor organization in its representation of workers
who are not agricultural employees. Any such labor organization
shall continue to be governed in its intrastate activities for
nonagricultural workers by Section 923 and applicable judicial
precedents.



1154.6.  It shall be an unfair labor practice for an employer or
labor organization, or their agents, willfully to arrange for persons
to become employees for the primary purpose of voting in elections.



1155.  The expressing of any views, arguments, or opinions, or the
dissemination thereof, whether in written, printed, graphic, or
visual form, shall not constitute evidence of an unfair labor
practice under the provisions of this part, if such expression
contains no threat of reprisal or force, or promise of benefit.




1155.2.  (a) For purposes of this part, to bargain collectively in
good faith is the performance of the mutual obligation of the
agricultural employer and the representative of the agricultural
employees to meet at reasonable times and confer in good faith with
respect to wages, hours, and other terms and conditions of
employment, or the negotiation of an agreement, or any questions
arising thereunder, and the execution of a written contract
incorporating any agreement reached if requested by either party, but
such obligation does not compel either party to agree to a proposal
or require the making of a concession.
   (b) Upon the filing by any person of a petition not earlier than
the 90th day nor later than the 60th day preceding the expiration of
the 12-month period following initial certification, the board shall
determine whether an employer has bargained in good faith with the
currently certified labor organization. If the board finds that the
employer has not bargained in good faith, it may extend the
certification for up to one additional year, effective immediately
upon the expiration of the previous 12-month period following initial
certification.


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



1155.4.  It shall be unlawful for any agricultural employer or
association of agricultural employers, or any person who acts as a
labor relations expert, adviser, or consultant to an agricultural
employer, or who acts in the interest of an agricultural employer, to
pay, lend, or deliver, any money or other thing of value to any of
the following:
   (a) Any representative of any of his agricultural employees.
   (b) Any agricultural labor organization, or any officer or
employee thereof, which represents, seeks to represent, or would
admit to membership, any of the agricultural employees of such
employer.
   (c) Any employee or group or committee of employees of such
employer in excess of their normal compensation for the purpose of
causing such employee or group or committee directly or indirectly to
influence any other employees in the exercise of the right to
organize and bargain collectively through representatives of their
own choosing.
   (d) Any officer or employee of an agricultural labor organization
with intent to influence him in respect to any of his actions,
decisions, or duties as a representative of agricultural employees or
as such officer or employee of such labor organization.




1155.5.  It shall be unlawful for any person to request, demand,
receive, or accept, or agree to receive or accept, any payment, loan,
or delivery of any money or other thing of value prohibited by
Section 1155.4.


1155.6.  Nothing in Section 1155.4 or 1155.5 shall apply to any
matter set forth in subsection (c) of Section 186 of Title 29 of the
United States Code.


1155.7.  Nothing in this chapter shall be construed to apply or be
applicable to any labor organization in its representation of workers
who are not agricultural employees. Any such labor organization
shall continue to be governed in its intrastate activities for
nonagricultural workers by Section 923 and applicable judicial
precedents.

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1156.  Representatives designated or selected by a secret ballot for
the purposes of collective bargaining by the majority of the
agricultural employees in the bargaining unit shall be the exclusive
representatives of all the agricultural employees in such unit for
the purpose of collective bargaining with respect to rates of pay,
wages, hours of employment, or other conditions of employment. Any
individual agricultural employee or a group of agricultural employees
shall have the right at any time to present grievances to their
agricultural employer and to have such grievances adjusted, without
the intervention of the bargaining representative, as long as the
adjustment is not inconsistent with the terms of a
collective-bargaining contract or agreement then in effect, if the
bargaining representative has been given opportunity to be present at
such adjustment.


1156.2.  The bargaining unit shall be all the agricultural employees
of an employer. If the agricultural employees of the employer are
employed in two or more noncontiguous geographical areas, the board
shall determine the appropriate unit or units of agricultural
employees in which a secret ballot election shall be conducted.




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



1156.4.  Recognizing that agriculture is a seasonal occupation for a
majority of agricultural employees, and wishing to provide the
fullest scope for employees' enjoyment of the rights included in this
part, the board shall not consider a representation petition or a
petition to decertify as timely filed unless the employer's payroll
reflects 50 percent of the peak agricultural employment for such
employer for the current calendar year for the payroll period
immediately preceding the filing of the petition.
   In this connection, the peak agricultural employment for the prior
season shall alone not be a basis for such determination, but rather
the board shall estimate peak employment on the basis of acreage and
crop statistics which shall be applied uniformly throughout the
State of California and upon all other relevant data.



1156.5.  The board shall not direct an election in any bargaining
unit where a valid election has been held in the immediately
preceding 12-month period.


1156.6.  The board shall not direct an election in any bargaining
unit which is represented by a labor organization that has been
certified within the immediately preceding 12-month period or whose
certification has been extended pursuant to subdivision (b) of
Section 1155.2.



1156.7.  (a) No collective-bargaining agreement executed prior to
the effective date of this chapter shall bar a petition for an
election.
   (b) A collective-bargaining agreement executed by an employer and
a labor organization certified as the exclusive bargaining
representative of his employees pursuant to this chapter shall be a
bar to a petition for an election among such employees for the term
of the agreement, but in any event such bar shall not exceed three
years, provided that both the following conditions are met:
   (1) The agreement is in writing and executed by all parties
thereto.
   (2) It incorporates the substantive terms and conditions of
employment of such employees.
   (c) Upon the filing with the board by an employee or group of
employees of a petition signed by 30 percent or more of the
agricultural employees in a bargaining unit represented by a
certified labor organization which is a party to a valid
collective-bargaining agreement, requesting that such labor
organization be decertified, the board shall conduct an election by
secret ballot pursuant to the applicable provisions of this chapter,
and shall certify the results to such labor organization and
employer.
   However, such a petition shall not be deemed timely unless it is
filed during the year preceding the expiration of a
collective-bargaining agreement which would otherwise bar the holding
of an election, and when the number of agricultural employees is not
less than 50 percent of the employer's peak agricultural employment
for the current calendar year.
   (d) Upon the filing with the board of a signed petition by an
agricultural employee or group of agricultural employees, or any
individual or labor organization acting in their behalf, accompanied
by authorization cards signed by a majority of the employees in an
appropriate bargaining unit, and alleging all the conditions of
paragraphs (1), (2), and (3), the board shall immediately investigate
such petition and, if it has reasonable cause to believe that a bona
fide question of representation exists, it shall direct an election
by secret ballot pursuant to the applicable provisions of this
chapter:
   (1) That the number of agricultural employees currently employed
by the employer named in the petition, as determined from his payroll
immediately preceding the filing of the petition, is not less than
50 percent of his peak agricultural employment for the current
calendar year.
   (2) That no valid election pursuant to this section has been
conducted among the agricultural employees of the employer named in
the petition within the 12 months immediately preceding the filing
thereof.
   (3) That a labor organization, certified for an appropriate unit,
has a collective-bargaining agreement with the employer which would
otherwise bar the holding of an election and that this agreement will
expire within the next 12 months.



1157.  All agricultural employees of the employer whose names appear
on the payroll applicable to the payroll period immediately
preceding the filing of the petition of such an election shall be
eligible to vote. An economic striker shall be eligible to vote under
such regulations as the board shall find are consistent with the
purposes and provisions of this part in any election, provided that
the striker who has been permanently replaced shall not be eligible
to vote in any election conducted more than 12 months after the
commencement of the strike.
   In the case of elections conducted within 18 months of the
effective date of this part which involve labor disputes which
commenced prior to such effective date, the board shall have the
jurisdiction to adopt fair, equitable, and appropriate eligibility
rules, which shall effectuate the policies of this part, with respect
to the eligibility of economic strikers who were paid for work
performed or for paid vacation during the payroll period immediately
preceding the expiration of a collective-bargaining agreement or the
commencement of a strike; provided, however, that in no event shall
the board afford eligibility to any such striker who has not
performed any services for the employer during the 36-month period
immediately preceding the effective date of this part.



1157.2.  In any election where none of the choices on the ballot
receives a majority, a runoff shall be conducted, the ballot
providing for a selection between the two choices receiving the
largest and second largest number of valid votes cast in the
election.



1157.3.  Employers shall maintain accurate and current payroll lists
containing the names and addresses of all their employees, and shall
make such lists available to the board upon request.



1158.  Whenever an order of the board made pursuant to Section
1160.3 is based in whole or in part upon the facts certified
following an investigation pursuant to Sections 1156.3 to 1157.2,
inclusive, and there is a petition for review of the order, the
certification and the record of the investigation shall be included
in the transcript of the entire record required to be filed under
Section 1160.8 and thereupon the decree of the court enforcing,
modifying, or setting aside in whole or in part the order of the
board shall be made and entered upon the pleadings, testimony, and
proceedings set forth in the transcript. The filing of a petition for
review described in this section shall not be grounds for a stay of
proceedings conducted pursuant to Chapter 6.5 (commencing with
Section 1164).



1159.  In order to assure the full freedom of association,
self-organization, and designation of representatives of the
employees own choosing, only labor organizations certified pursuant
to this part shall be parties to a legally valid
collective-bargaining agreement.

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1160.  The board is empowered, as provided in this chapter, to
prevent any person from engaging in any unfair labor practice, as set
forth in Chapter 4 (commencing with Section 1153) of this part.



1160.2.  Whenever it is charged that any person has engaged in or is
engaging in any such unfair labor practice, the board, or any agent
or agency designated by the board for such purposes, shall have power
to issue and cause to be served upon such person a complaint stating
the charges in that respect, and containing a notice of hearing
before the board or a member thereof, or before a designated agency
or agencies, at a place therein fixed, not less than five days after
the serving of such complaint. No complaint shall issue based upon
any unfair labor practice occurring more than six months prior to the
filing of the charge with the board and the service of a copy
thereof upon the person against whom such charge is made, unless the
person aggrieved thereby was prevented from filing such charge by
reason of service in the armed forces, in which event the six-month
period shall be computed from the day of his discharge. Any such
complaint may be amended by the member, agent, or agency conducting
the hearing, or the board in its discretion, at any time prior to the
issuance of an order based thereon. The person so complained against
shall have the right to file an answer to the original or amended
complaint and to appear in person or otherwise and give testimony at
the place and time fixed in the complaint. In the discretion of the
member, agent, or agency conducting the hearing or the board, any
other person may be allowed to intervene in the proceeding and to
present testimony. Any such proceeding shall, so far as practicable,
be conducted in accordance with the Evidence Code. All proceedings
shall be appropriately reported.



1160.3.  The testimony taken by such member, agent, or agency, or
the board in such hearing shall be reduced to writing and filed with
the board. Thereafter, in its discretion, the board, upon notice, may
take further testimony or hear argument. If, upon the preponderance
of the testimony taken, the board shall be of the opinion that any
person named in the complaint has engaged in or is engaging in any
such unfair labor practice, the board shall state its findings of
fact and shall issue and cause to be served on such person an order
requiring such person to cease and desist from such unfair labor
practice, to take affirmative action, including reinstatement of
employees with or without backpay, and making employees whole, when
the board deems such relief appropriate, for the loss of pay
resulting from the employer's refusal to bargain, and to provide such
other relief as will effectuate the policies of this part. Where an
order directs reinstatement of an employee, backpay may be required
of the employer or labor organization, as the case may be,
responsible for the discrimination suffered by him. Such order may
further require such person to make reports from time to time showing
the extent to which it has complied with the order. If, upon the
preponderance of the testimony taken, the board shall be of the
opinion that the person named in the complaint has not engaged in or
is not engaging in any unfair labor practice, the board shall state
its findings of fact and shall issue an order dismissing the
complaint. No order of the board shall require the reinstatement of
any individual as an employee who has been suspended or discharged,
or the payment to him of any backpay, if such individual was
suspended or discharged for cause. In case the evidence is presented
before a member of the board, or before an administrative law officer
thereof, such member, or such administrative law officer, as the
case may be, shall issue and cause to be served on the parties to the
proceedings a proposed report, together with a recommended order,
which shall be filed with the board, and, if no exceptions are filed
within 20 days after service thereof upon such parties, or within
such further period as the board may authorize, such recommended
order shall become the order of the board and become effective as
therein prescribed.
   Until the record in a case shall have been filed in a court, as
provided in this chapter, the board may, at any time upon reasonable
notice and in such manner as it shall deem proper, modify or set
aside, in whole or in part, any finding or order made or issued by
it.


1160.4.  (a) The board may, upon finding reasonable cause to believe
that any person has engaged in or is engaging in an unfair labor
practice, petition the superior court in any county wherein the
unfair labor practice in question is alleged to have occurred, or
wherein the person resides or transacts business, for appropriate
temporary relief or restraining order. Upon the filing of the
petition, the board shall cause notice thereof to be served upon the
person, and thereupon the court shall have jurisdiction to grant to
the board such temporary relief or restraining order as the court
deems just and proper.
   (b) (1) In addition to any harm resulting directly from an adverse
employment action or other allegedly unlawful action, the court
shall consider the indirect effect upon protected rights of all
agricultural employees of the employer in determining whether
temporary relief or a restraining order is just and proper.
   (2) When the alleged unfair labor practice is such that, by its
nature, it would interfere with the free choice of employees to
choose or not choose an exclusive bargaining representative,
appropriate temporary relief or a restraining order shall issue on a
showing that reasonable cause exists to believe that the unfair labor
practice has occurred. The order shall remain in effect until an
election has been held or for 30 days, whichever occurs first.
Thereafter, a preliminary injunction may issue if it is shown to be
just and proper.
   (c) Notwithstanding Section 916 of the Code of Civil Procedure,
temporary relief or restraining orders granted pursuant to this
section shall not be stayed pending appeal.



1160.5.  Whenever it is charged that any person has engaged in an
unfair labor practice within the meaning of paragraph (4) of
subdivision (d) of Section 1154, the board is empowered and directed
to hear and determine the dispute out of which such unfair labor
practice shall have arisen, unless within 10 days after notice that
such charge has been filed, the parties to such dispute submit to the
board satisfactory evidence that they have adjusted, or agreed upon
methods for the voluntary adjustment of the dispute. Upon compliance
by the parties to the dispute with the decision of the board or upon
such voluntary adjustment of the dispute, such charge shall be
dismissed.



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



1160.7.  Whenever it is charged that any person has engaged in an
unfair labor practice within the meaning of subdivision (c) of
Section 1153 or subdivision (b) of Section 1154, such charge shall be
given priority over all other cases except cases of like character
in the office where it is filed or to which it is referred and cases
given priority under Section 1160.6.



1160.8.  Any person aggrieved by the final order of the board
granting or denying in whole or in part the relief sought may obtain
a review of such order in the court of appeal having jurisdiction
over the county wherein the unfair labor practice in question was
alleged to have been engaged in, or wherein such person resides or
transacts business, by filing in such court a written petition
requesting that the order of the board be modified or set aside. Such
petition shall be filed with the court within 30 days from the date
of the issuance of the board's order. Upon the filing of such
petition, the court shall cause notice to be served upon the board
and thereupon shall have jurisdiction of the proceeding. The board
shall file in the court the record of the proceeding, certified by
the board within 10 days after the clerk's notice unless such time is
extended by the court for good cause shown. The court shall have
jurisdiction to grant to the board such temporary relief or
restraining order it deems just and proper and in like manner to make
and enter a decree enforcing, modifying and enforcing as so
modified, or setting aside in whole or in part, the order of the
board. The findings of the board with respect to questions of fact if
supported by substantial evidence on the record considered as a
whole shall in like manner be conclusive.
   An order directing an election shall not be stayed pending review,
but such order may be reviewed as provided in Section 1158.
   If the time for review of the board order has lapsed, and the
person has not voluntarily complied with the board's order, the board
may apply to the superior court in any county in which the unfair
labor practice occurred or wherein such person resides or transacts
business for enforcement of its order. If after hearing, the court
determines that the order was issued pursuant to procedures
established by the board and that the person refuses to comply with
the order, the court shall enforce such order by writ of injunction
or other proper process. The court shall not review the merits of the
order.



1160.9.  The procedures set forth in this chapter shall be the
exclusive method of redressing unfair labor practices.



1161.  (a) The Agricultural Employee Relief Fund is hereby created
as a special fund in the State Treasury and is continuously
appropriated to the Agricultural Labor Relations Board for the
purposes specified in subdivision (c). The board shall act as a
trustee of all moneys deposited in the fund.
   (b) Any monetary relief ordered by the board pursuant to this part
to be paid by an employer to an employee shall be collected by the
board on behalf of the employee. All monetary relief so collected by
the board shall be remitted to the employee for whom the board
collected the money.
   (c) (1) Notwithstanding Section 1519 of the Code of Civil
Procedure, if the board has made a diligent effort to locate an
employee on whose behalf the board has collected monetary relief
pursuant to this part, and is unable to locate the employee or the
lawful representative of the employee for a period of two years after
the date the board collected the monetary relief, the board shall
deposit those moneys in the fund.
   (2) Moneys in the fund shall be used by the board to pay employees
the unpaid balance of any monetary relief ordered by the board to be
paid by an employer to an employee. Prior to making any payment from
the fund, the board first shall make a finding that, in an
individual case, the collection of the full amount of the monetary
relief ordered is not possible after reasonable efforts have been
made to collect the balance from the employer.
   (d) As used in this section, "fund" means the Agricultural
Employee Relief Fund.
   (e) On or before July 1, 2002, the board shall report to the
Legislature on the status of the fund.

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



1164.3.  (a) Either party, within seven days of the filing of the
report by the mediator, may petition the board for review of the
report. The petitioning party shall, in the petition, specify the
particular provisions of the mediator's report for which it is
seeking review by the board and shall specify the specific grounds
authorizing review by the board. The board, within 10 days of receipt
of a petition, may accept for review those portions of the petition
for which a prima facie case has been established that (1) a
provision of the collective bargaining agreement set forth in the
mediator's report is unrelated to wages, hours, or other conditions
of employment within the meaning of Section 1155.2, (2) a provision
of the collective bargaining agreement set forth in the mediator's
report is based on clearly erroneous findings of material fact, or
(3) a provision of the collective bargaining agreement set forth in
the mediator's report is arbitrary or capricious in light of the
mediator's findings of fact.
   (b) If it finds grounds exist to grant review within the meaning
of subdivision (a), the board shall order the provisions of the
report that are not the subject of the petition for review into
effect as a final order of the board. If the board does not accept a
petition for review or no petition for review is filed, then the
mediator's report shall become a final order of the board.
   (c) The board shall issue a decision concerning the petition and
if it determines that a provision of the collective bargaining
agreement contained in the mediator's report violates the provisions
of subdivision (a), it shall, within 21 days, issue an order
requiring the mediator to modify the terms of the collective
bargaining agreement. The mediator shall meet with the parties for
additional mediation for a period not to exceed 30 days. At the
expiration of this mediation period, the mediator shall prepare a
second report resolving any outstanding issues. The second report
shall be filed with the board.
   (d) Either party, within seven days of the filing of the mediator'
s second report, may petition the board for a review of the mediator'
s second report pursuant to the procedures specified in subdivision
(a). If no petition is filed, the mediator's report shall take
immediate effect as a final order of the board. If a petition is
filed, the board shall issue an order confirming the mediator's
report and order it into immediate effect, unless it finds that the
report is subject to review for any of the grounds specified in
subdivision (a), in which case the board shall determine the issues
and shall issue a final order of the board.
   (e) Either party, within seven days of the filing of the report by
the mediator, may petition the board to set aside the report if a
prima facie case is established that any of the following have
occurred: (1) the mediator's report was procured by corruption,
fraud, or other undue means, (2) there was corruption in the
mediator, or (3) the rights of the petitioning party were
substantially prejudiced by the misconduct of the mediator. For the
sole purpose of interpreting the terms of paragraphs (1), (2), and
(3), case law that interprets similar terms used in Section 1286.2 of
the Code of Civil Procedure shall apply. If the board finds that any
of these grounds exist, the board shall within 10 days vacate the
report of the mediator and shall order the selection and appointment
of a new mediator, and an additional mediation period of 30 days,
pursuant to Section 1164.
   (f) Within 60 days after the order of the board takes effect,
either party or the board may file an action to enforce the order of
the board, in the superior court for the County of Sacramento or in
the county where either party's principal place of business is
located. No final order of the board shall be stayed during any
appeal under this section, unless the court finds that (1) the
appellant will be irreparably harmed by the implementation of the
board's order, and (2) the appellant has demonstrated a likelihood of
success on appeal.



1164.5.  (a) Within 30 days after the order of the board takes
effect, a party may petition for a writ of review in the court of
appeal or the California Supreme Court. If the writ issues, it shall
be made returnable at a time and place specified by court order and
shall direct the board to certify its record in the case to the court
within the time specified. The petition for review shall be served
personally upon the executive director of the board and the
nonappealing party personally or by service.
   (b) The review by the court shall not extend further than to
determine, on the basis of the entire record, whether any of the
following occurred:
   (1) The board acted without, or in excess of, its powers or
jurisdiction.
   (2) The board has not proceeded in the manner required by law.
   (3) The order or decision of the board was procured by fraud or
was an abuse of discretion.
   (4) The order or decision of the board violates any right of the
petitioner under the Constitution of the United States or the
California Constitution.
   (c) Nothing in this section shall be construed to permit the court
to hold a trial de novo, to take evidence other than as specified by
the California Rules of Court, or to exercise its independent
judgment on the evidence.


1164.7.  (a) The board and each party to the action or proceeding
before the mediator may appear in the review proceeding. Upon the
hearing, the court of appeal or the Supreme Court shall enter
judgment either affirming or setting aside the order of the board.
   (b) The provisions of the Code of Civil Procedure relating to
writs of review shall, so far as applicable, apply to proceedings
instituted under this chapter.



1164.9.  No court of this state, except the court of appeal or the
Supreme Court, to the extent specified in this article, shall have
jurisdiction to review, reverse, correct, or annul any order or
decision of the board to suspend or delay the execution or operation
thereof, or to enjoin, restrain, or interfere with the board in the
performance of its official duties, as provided by law and the rules
of court.



1164.11.  A demand made pursuant to paragraph (1) of subdivision (a)
of Section 1164 may be made only in cases which meet all of the
following criteria: (a) the parties have failed to reach agreement
for at least one year after the date on which the labor organization
made its initial request to bargain, (b) the employer has committed
an unfair labor practice, and (c) the parties have not previously had
a binding contract between them.



1164.12.  To ensure an orderly implementation of the mediation
process ordered by this chapter, a party may not file a total of more
than 75 declarations with the board prior to January 1, 2008. In
calculating the number of declarations so filed, the identity of the
other party with respect to whom the declaration is filed, shall be
irrelevant.



1164.13.  The provisions of this chapter are severable. If any
provision of this chapter or its application is held invalid, that
invalidity shall not affect other provisions or applications that can
be given effect without the invalid provision or application.

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1165.  (a) Suits for violation of contracts between an agricultural
employer and an agricultural labor organization representing
agricultural employees, as defined in this part, or between any such
labor organizations, may be brought in any superior court having
jurisdiction of the parties, without respect to the amount in
controversy.
   (b) Any agricultural labor organization which represents
agricultural employees and any agricultural employer shall be bound
by the acts of its agents. Any such labor organization may sue or be
sued as an entity and in behalf of the employees whom it represents
in the courts of this state. Any money judgment against a labor
organization in a superior court shall be enforceable only against
the organization as an entity and against its assets, and shall not
be enforceable against any individual member or his assets.



1165.2.  For the purpose of this part, the superior court shall have
jurisdiction over a labor organization in this state if such
organization maintains its principal office in this state, or if its
duly authorized officers or agents are engaged in representing or
acting for employee members.



1165.3.  The service of summons, subpoena, or other legal process of
any superior court upon an officer or agent of a labor organization,
in his capacity as such, shall constitute service upon the labor
organization.


1165.4.  For the purpose of this part, in determining whether any
person is acting as an agent of another person so as to make such
other person responsible for his acts, the question of whether the
specific acts performed were actually authorized or subsequently
ratified shall not be controlling.

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1166.  Nothing in this part, except as specifically provided for
herein, shall be construed so as either to interfere with or impede
or diminish in any way the right to strike, or to affect the
limitations or qualifications on such right.


1166.2.  Nothing in this part shall prohibit any individual employed
as a supervisor from becoming or remaining a member of a labor
organization, but no employer subject to this part shall be compelled
to deem individuals defined herein as supervisors as employees for
the purpose of any law, either national or local, relating to
collective bargaining.



1166.3.  (a) If any provision of this part, or the application of
such provision to any person or circumstances, shall be held invalid,
the remainder of this part, or the application of such provision to
persons or circumstances other than those as to which it is held
invalid, shall not be affected thereby.
   (b) If any other act of the Legislature shall conflict with the
provisions of this part, this part shall prevail.

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1285.  It is the intent of the Legislature in enacting Sections 1286
to 1289, inclusive, to establish a citation system for the
imposition of prompt and effective civil sanctions against violators
of the laws and regulations of this state relating to the employment
of minors. The civil penalties provided for in this article are in
addition to any other penalty provided by law.



1286.  As used in this article:
   (a) "Director" means the Director of Industrial Relations or his
or her designee.
   (b) "Department" means the Department of Industrial Relations.
   (c) "Minor" means any person under the age of 18 years who is
required to attend school under Chapter 2 (commencing with Section
48200) and Chapter 3 (commencing with Section 48400) of Part 27 of
the Education Code and any person under the age of six years. A
person under the age of 18 years who is not required to attend school
under Chapter 2 (commencing with Section 48200) and Chapter 3
(commencing with Section 48400) of Part 27 of the Education Code
solely because that person is a nonresident of California shall still
be considered a minor.
   (d) "Labor Commissioner" means the Chief of the Division of Labor
Law Enforcement, his or her deputies or agents, who shall have the
authority to conduct informal hearings and determine the amount of
civil penalties in accordance with this article.
   (e) "Door-to-door sales" has the same meaning as "home
solicitation contract or offer," as defined in subdivision (a) of
Section 1689.5 of the Civil Code, except that "door-to-door sales" is
not subject to the minimum monetary limitation set forth in that
subdivision.


1287.  If upon inspection or investigation the director determines
that a person is in violation of any statutory provision or rule or
regulation relating to the employment of minors, he may issue a
citation to the person in violation. The citation may be served
personally or by registered mail in accordance with subdivision (c)
of Section 11505 of the Government Code. Each citation shall be in
writing and shall describe the nature of the violation, including
reference to the statutory provisions, rule, or regulation alleged to
have been violated.


1288.  Citations issued pursuant to this article shall be classified
according to the nature of the violation, and shall indicate the
classification on the face thereof, as follows:
   (a) Class "A" violations are violations of Section 1290, 1292,
1293, 1293.1, 1294, 1294.1, 1294.5, 1308, 1308.1, or 1392, and any
other violations that the director determines present an imminent
danger to minor employees or a substantial probability that death or
serious physical harm would result therefrom. The violation of
Section 1391 for the third or subsequent time shall also constitute a
class "A" violation. A physical condition or one or more practices,
means, methods, or operations in use in a place of employment may
constitute a violation. A class "A" violation is subject to a civil
penalty in an amount not less than five thousand dollars ($5,000) and
not exceeding ten thousand dollars ($10,000) for each and every
violation. Willful or repeated violations shall receive higher civil
penalties than those imposed for comparable nonwillful or first
violations, not to exceed ten thousand dollars ($10,000).
   (b) Class "B" violations are violations of Section 1299 or 1308.5,
or a violation of Section 1391 for the first and second time, and
those other violations that the director determines have a direct or
immediate relationship to the health, safety, or security of minor
employees, other than class "A" violations. A class "B" violation is
subject to a civil penalty in an amount not less than five hundred
dollars ($500) and not to exceed one thousand dollars ($1,000) for
each and every violation. Willful or repeated violations shall
receive higher civil penalties than those imposed for comparable
nonwillful or first violations. A second violation of Section 1391
shall be subject to a civil penalty of one thousand dollars ($1,000).
   (c) Nothing in this section shall preclude the imposition of
criminal penalties provided for in this chapter.



1289.  (a) If a person desires to contest a citation or the proposed
assessment of a civil penalty therefor, he or she shall within 15
business days after service of the citation notify the office of the
Labor Commissioner that appears on the citation of his or her request
for an informal hearing. The Labor Commissioner or the commissioner'
s deputy or agent shall, within 30 days, hold a hearing at the
conclusion of which the citation or proposed assessment of a civil
penalty shall be affirmed, modified, or dismissed. The decision of
the Labor Commissioner shall consist of a notice of findings,
findings, and order that shall be served on all parties to the
hearing within 15 days after the hearing by regular first-class mail
at the last known address of the party on file with the Labor
Commissioner. Service shall be completed pursuant to Section 1013 of
the Code of Civil Procedure. Any amount found due by the Labor
Commissioner as a result of a hearing shall become due and payable 45
days after notice of the findings and written findings and order
have been mailed to the party assessed. A writ of mandate may be
taken from that finding to the appropriate superior court, as long as
the party agrees to pay any judgment and costs ultimately rendered
by the court against the party for the assessment. The writ shall be
taken within 45 days of service of the notice of findings, findings,
and order thereon.
   (b) A person to whom a citation has been issued, shall, in lieu of
contesting a citation pursuant to this section, transmit to the
office of the Labor Commissioner designated on the citation the
amount specified for the violation within 15 business days after
issuance of the citation.
   (c) When no petition objecting to a citation or the proposed
assessment of a civil penalty is filed, a certified copy of the
citation or proposed civil penalty may be filed by the Labor
Commissioner in the office of the clerk of the superior court in any
county in which the person assessed has property or in which the
person assessed has or had a place of business. The clerk,
immediately upon the filing, shall enter judgment for the state
against the person assessed in the amount shown on the citation or
proposed assessment of a civil penalty.
   (d) When findings and the order thereon are made affirming or
modifying a citation or proposed assessment of a civil penalty after
hearing, a certified copy of the findings and the order entered
thereon may be entered by the Labor Commissioner in the office of the
clerk of the superior court in any county in which the person
assessed has property or in which the person assessed has or had a
place of business. The clerk, immediately upon the filing, shall
enter judgment for the state against the person assessed in the
amount shown on the certified order.
   (e) A judgment entered pursuant to this section shall bear the
same rate of interest and shall have the same effect as other
judgments and be given the same preference allowed by law on other
judgments rendered for claims for taxes. The clerk shall make no
charge for the service provided by this section to be performed by
him or her.


1290.  No minor under the age of 16 years shall be employed,
permitted, or suffered to work in or in connection with any
manufacturing establishment or other place of labor or employment at
any time except as may be provided in this article or by the
provisions of Part 27 (commencing with Section 48000) of the
Education Code.



1291.  Work is done for a manufacturing establishment within the
meaning of this article whenever it is done at any place upon the
work of a manufacturing establishment, or upon any of the materials
entering into the products of a manufacturing establishment, whether
under contract or arrangement with any person in charge of or
connected with a manufacturing establishment directly or indirectly
through contractors or third persons.



1292.  No minor under the age of sixteen years shall be employed or
permitted to work in any capacity in:
   (a) Adjusting any belt to any machinery.
   (b) Sewing or lacing machine belts in any workshop or factory.
   (c) Oiling, wiping, or cleaning machinery, or assisting therein.



1293.  No minor under the age of sixteen years shall be employed, or
permitted, to work in any capacity in operating or assisting in
operating any of the following machines:
   (a) Circular or band saws; wood shapers; wood-jointers; planers;
sandpaper or wood-polishing machinery; wood turning or boring
machinery.
   (b) Picker machines or machines used in picking wool, cotton,
hair, or other material; carding machines; leather-burnishing
machines; laundry machinery.
   (c) Printing-presses of all kinds; boring or drill presses;
stamping machines used in sheet-metal and tinware, in paper and
leather manufacturing, or in washer and nut factories; metal or
paper-cutting machines; paper-lace machines.
   (d) Corner-staying machines in paper-box factories; corrugating
rolls, such as are used in corrugated paper, roofing or washboard
factories.
   (e) Dough brakes or cracker machinery of any description.
   (f) Wire or iron straightening or drawing machinery; rolling-mill
machinery; power punches or shears; washing, grinding or mixing
machinery; calendar rolls in paper and rubber manufacturing;
steam-boilers; in proximity to any hazardous or unguarded belts,
machinery or gearing.


1293.1.  (a) Except as provided in subdivision (c) of Section 1394,
no minor under the age of 12 years may be employed or permitted to
work, or accompany or be permitted to accompany an employed parent or
guardian, in an agricultural zone of danger. As used in this
section, "agricultural zone of danger" means any or all of the
following:
   (1) On or about moving equipment.
   (2) In or about unprotected chemicals.
   (3) In or about any unprotected water hazard.
   The Department of Industrial Relations may, after hearing,
determine other hazards that constitute an agricultural zone of
danger.
   (b) Except for employment described in subdivision (a) of Section
1394, no minor under the age of 12 years may be employed or permitted
to work, or accompany an employed parent or guardian, in any of the
occupations declared hazardous for employment of minors below 16
years of age in Section 570.71 of Title 29 of the Code of Federal
Regulations, as that regulation may be amended from time to time.



1294.  No minor under the age of 16 years shall be employed or
permitted to work in any capacity:
   (a) Upon any railroad, whether steam, electric, or hydraulic.
   (b) Upon any vessel or boat engaged in navigation or commerce
within the jurisdiction of this state.
   (c) In, about, or in connection with any processes in which
dangerous or poisonous acids are used, in the manufacture or packing
of paints, colors, white or red lead, or in soldering.
   (d) In occupations causing dust in injurious quantities, in the
manufacture or use of dangerous or poisonous dyes, in the manufacture
or preparation of compositions with dangerous or poisonous gases, or
in the manufacture or use of compositions of lye in which the
quantity thereof is injurious to health.
   (e) On scaffolding, in heavy work in the building trades, in any
tunnel or excavation, or in, about or in connection with any mine,
coal breaker, coke oven or quarry.
   (f) In assorting, manufacturing or packing tobacco.
   (g) Operating any automobile, motorcar, or truck.
   (h) In any occupation dangerous to the life or limb, or injurious
to the health or morals of the minor.



1294.1.  (a) No minor under the age of 16 years shall be employed or
permitted to work in either of the following:
   (1) Any occupation declared particularly hazardous for the
employment of minors below the age of 16 years in Section 570.71 of
Subpart E-1 of Part 570 of Title 29 of the Code of Federal
Regulations, as that regulation may be revised from time to time.
   (2) Any occupation excluded from the application of Subpart C of
Part 570 of Title 29 of the Code of Federal Regulations, as set forth
in Section 570.33 and paragraph (b) of Section 570.34 thereof, as
those regulations may be revised from time to time.
   (b) No minor shall be employed or permitted to work in any
occupation declared particularly hazardous for the employment of
minors between 16 and 18 years of age, or declared detrimental to
their health or well-being, in Subpart E of Part 570 of Title 29 of
the Code of Federal Regulations, as those regulations may be revised
from time to time.
   (c) Nothing in this section shall prohibit a minor engaged in the
processing and delivery of newspapers from entering areas of a
newspaper plant, other than areas where printing presses are located,
for purposes related to the processing or delivery of newspapers.



1294.3.  Minors 14 and 15 years of age may be employed in
occupations not otherwise prohibited by this chapter, including, but
not limited to, the following:
   (a) Office and clerical work, including the operation of office
machines.
   (b) Cashiering, selling, modeling, art work, work in advertising
departments, window trimming, and comparative shopping.
   (c) Price marking and tagging by hand or by machine, assembling
orders, packing and shelving.
   (d) Bagging and carrying out customers' orders.
   (e) Errand and delivery work by foot, bicycle, and public
transportation.
   (f) Cleanup work, including the use of vacuum cleaners and floor
waxers, and maintenance of grounds, but not including the use of
power-driven mowers or cutters.
   (g) Kitchen work and other work involved in preparing and serving
food and beverages, including the operation of machines and devices
used in the performance of this work, including, but not limited to,
dishwashers, toasters, dumbwaiters, popcorn poppers, milkshake
blenders, and coffee grinders.
   (h) Cleaning vegetables and fruits, and wrapping, sealing,
labeling, weighing, pricing, and stocking goods when performed in
areas physically separate from areas where meat is prepared for sale
and outside freezers or meat coolers.



1294.4.  Nothing in this chapter shall be construed to prohibit a
minor engaged in the delivery of newspapers to consumers from making
deliveries by foot, bicycle, public transportation, or by an
automobile driven by a person 16 years of age or older.




1294.5.  (a) Minors 16 and 17 years of age may work in gas service
stations in the following activities:
   (1) Dispensing gas or oil.
   (2) Courtesy service.
   (3) Car cleaning, washing, and polishing.
   (4) Activities specified in Section 1294.3.
   (b) No minor 16 or 17 years of age may perform work in gas service
stations that involves the use of pits, racks, or lifting apparatus,
or that involves the inflation of any tire mounted on a rim equipped
with a removable retaining ring.
   (c) Minors under the age of 16 years may be employed in gas
service stations to perform only those activities specified in
Section 1294.3.


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


1295.5.  (a) Notwithstanding Section 1391 of this code or Section
49116 of the Education Code, minors 14 years of age and older may be
employed during the hours permitted by subdivision (b) to perform
sports-attending services in professional baseball as enumerated in
subsection (b) of Section 570.35 of Title 29 of the Code of Federal
Regulations. No employer may employ a minor 14 or 15 years of age to
perform sports-attending services in professional baseball without
the prior written approval of either the school district of the
school in which the minor is enrolled or the county board of
education of the county in which that school district is located.
   (b) Any minor 14 or 15 years of age who performs sports-attending
services in professional baseball pursuant to subdivision (a) may be
employed outside of school hours until 12:30 a.m. during any evening
preceding a nonschoolday and until 10 p.m. during any evening
preceding a schoolday. No employer may employ a minor 14 or 15 years
of age to perform sports-attending services in professional baseball
pursuant to subdivision (a) for more than five hours in any
schoolday, for more than 18 hours in any week while school is in
session, for more than eight hours in any nonschoolday, or for more
than 40 hours in any week that school is not in session. An employer
may employ a minor 16 or 17 years of age outside of school hours to
perform sports-attending services in professional baseball pursuant
to subdivision (a) for up to five hours in any schoolday.
   (c) The school authority issuing the permit to the minor to
perform sports-attending services in professional baseball shall both
(1) provide the local office of the Division of Labor Standards
Enforcement with a copy of the permit within five business days after
the date the permit is issued and (2) monitor the academic
achievement of the minor to ensure that the educational progress of
the minor is being maintained or improves during the period of
employment.


1296.  The Division of Labor Standards Enforcement may, after a
hearing, determine whether any particular trade, process of
manufacture, or occupation, in which the employment of minors is not
already forbidden by law, or whether any particular method of
carrying on the trade, process of manufacture, or occupation is
sufficiently dangerous to the lives or limbs or injurious to the
health or morals of minors to justify their exclusion therefrom. No
minor shall be employed or permitted to work in any occupation thus
determined to be dangerous or injurious to minors. Any determination
hereunder may be reviewed by the superior court.



1297.  No minor under the age of 16 years shall be employed or
permitted to work as a messenger for any telegraph, telephone, or
messenger company, or for the United States government or any of its
departments while operating a telegraph, telephone, or messenger
service, in the distribution, transmission, or delivery of goods or
messages in cities of more than 15,000 inhabitants; nor shall any
minor under the age of 18 years be employed, permitted, or suffered
to engage in such work before 6 o'clock in the morning or after 9 o'
clock in the evening. Nothing in this section shall apply to any
minor employed to deliver newspapers to consumers.




1298.  (a) Notwithstanding Section 1308.1, no minor under 12 years
of age shall be employed or permitted to work at any time in or in
connection with the occupation of selling or distributing newspapers,
magazines, periodicals, or circulars.
   (b) This section shall not apply to a minor who is at least 10
years of age and is engaged as a newspaper carrier on the effective
date of the act adding this subdivision.



1299.  Every person, or agent or officer thereof, employing minors,
either directly or indirectly through third persons, shall keep on
file all permits and certificates, either to work or to employ,
issued under this article or Part 27 (commencing with Section 48000)
of the Education Code. The files shall be open at all times to the
inspection of the school attendance and probation officers, the State
Board of Education, and the officers of the Division of Labor
Standards Enforcement.



1300.  All certificates and permits to work or to employ shall be
subject to cancellation at any time by the Labor Commissioner or by
the issuing authority, whenever the commissioner or the issuing
authority finds that the conditions for the legal issuance of such
certificate or permit no longer exist or have never existed.




1301.  (a) The provisions of this article concerning the employment
of minors, and the civil penalties for violations of those
provisions, shall be fully applicable to every person who owns or
controls the real property upon which a minor is employed, whether or
not that person is the minor's employer, if the minor's employment
is for the benefit of the person, and the person has knowingly
permitted the violation or continuation of violations.
   (b) The posting of a notice pursuant to Section 49140 of the
Education Code shall not operate to exempt any person from this
article.



1302.  The attendance supervisor, who is a full-time attendance
supervisor performing no other duties, of any county, city and
county, or school district in which any place of employment is
situated, or the probation officer of the county, may at any time,
enter the place of employment for the purpose of examining permits to
work or to employ of all minors employed in the place of employment,
or for the purpose of investigating violations of this article or of
Chapter 2 (commencing with Section 48200), 3 (commencing with
Section 48400), or 7 (commencing with Section 49100) of Part 27 of
the Education Code. If an attendance supervisor or probation officer
is denied entrance to the place of employment, or if any violations
of laws relating to the employment of minors are found to exist, the
attendance supervisor or probation officer shall report the denial of
entrance or the violation to the Labor Commissioner. The report
shall be made within 48 hours and shall be in writing, setting forth
the fact that he or she has good cause to believe that these laws are
being violated in the place of employment, and describing the nature
of the violation.



1303.  Any person, or agent or officer thereof, employing either
directly or indirectly through third persons, or any parent or
guardian of a minor affected by this article who violates any
provision hereof, or who employs, or permits any minor to be employed
in violation hereof, is guilty of a misdemeanor, punishable by a
fine of not less than one thousand dollars ($1,000) nor more than
five thousand dollars ($5,000) or imprisonment in the county jail for
not more than six months, or both. Any person who willfully violates
this article shall, upon conviction, be subject to a fine of not
more than ten thousand dollars ($10,000) or to imprisonment in the
county jail for not more than six months, or both. No person shall be
imprisoned under this section, except for an offense committed after
the conviction of that person for a prior offense under this
article.


1304.  Failure to produce any permit or certificate either to work
or to employ is prima facie evidence of the illegal employment of any
minor whose permit or certificate is not so produced. Proof that any
person was the manager or superintendent of any place of employment
subject to the provisions of this article at the time any minor is
alleged to have been employed therein in violation thereof, is prima
facie evidence that the person employed, or permitted the minor so to
work. The sworn statement of the Labor Commissioner or his deputy or
agents as to the age of any child affected by this article is prima
facie evidence of the age of such child.



1305.  (a) All fines and penalties collected under this article,
other than as the result of a judicial proceeding to enforce
collection, shall be paid to the department in the form of
remittances payable to the Department of Industrial Relations. The
department shall transmit the payments to the State Treasury and the
payments shall be credited to the General Fund.
   (b) Notwithstanding Section 1463 of the Penal Code, all fines and
penalties collected in judicial proceedings to enforce their
collection, except for the civil penalties that are assessed and
collected pursuant to Sections 1287, 1288, and 1289, shall be
allocated pursuant to court order. The court shall direct that 50
percent of the fines and penalties assessed shall be transmitted to
the county treasury, if prosecuted by the district attorney or the
county counsel, or to the city treasury, if prosecuted by the city
attorney, 25 percent of the fines and penalties assessed shall be
transmitted to the Department of Industrial Relations to be
available, upon appropriation by the Legislature, for the purpose of
recovering costs incurred by the department pursuant to this chapter,
and 25 percent of the fines and penalties assessed be transmitted to
the Treasurer for deposit in the State Treasury to the credit of the
General Fund.



1307.  All minors coming within the provisions of Division 9
(commencing with Section 10501) of the Education Code shall be placed
or delivered into the custody of the school district authorities of
the county or city in which they are found illegally at work.




1308.  (a) Any person is guilty of a misdemeanor and is punishable
by a fine of not less than one thousand dollars ($1,000) and not more
than five thousand dollars ($5,000), imprisonment for not exceeding
six months, or both, who, as parent, relative, guardian, employer, or
otherwise having the care, custody, or control of any minor under
the age of 16 years, exhibits, uses, or employs, or in any manner or
under any pretense, sells, apprentices, gives away, lets out, or
disposes of the minor to any person, under any name, title, or
pretense for, or who causes, procures, or encourages the minor to
engage in any of the following:
   (1) Any business, exhibition, or vocation injurious to the health
or dangerous to the life or limb of the minor.
   (2) The vocation, occupation, service, or purpose of singing,
playing on musical instruments, rope or wire walking, dancing,
begging, or peddling, or as a gymnast, acrobat, contortionist, or
rider, in any place whatsoever.
   (3) Any obscene, indecent, or immoral purposes, exhibition, or
practice whatsoever. Notwithstanding any other provision of law, this
paragraph shall apply to a person with respect to any minor under
the age of 18 years.
   (4) Any mendicant or wandering business.
   Any person who willfully violates this section shall, upon
conviction, be subject to a fine of not more than ten thousand
dollars ($10,000), or to imprisonment in the county jail for not more
than six months, or both. No person shall be imprisoned under this
section, except for an offense committed after the conviction of that
person for a prior offense under this article.
   (b) Nothing in this section applies to or affects any of the
following:
   (1) The employment or use of any minor as a singer or musician in
any church, school, or academy, or the teaching or learning of the
science or practice of music.
   (2) The employment of any minor as a musician at any concert or
other musical entertainment, or as a performer in any form of
entertainment, on the written consent of the Labor Commissioner
pursuant to Section 1308.5.
   (3) The participation by any minor of any age, whether or not the
minor receives payment for his or her services or receives money
prizes, in any horseback riding exhibition, contest, or event other
than a rough stock rodeo event, circus, or race. As used in this
paragraph, "rough stock rodeo event" means any rodeo event operated
for profit or operated by other than a nonprofit organization in
which unbroken, little-trained, or imperfectly trained animals are
ridden or handled by the participant, and shall include, but not be
limited to, saddle bronc riding, bareback riding, and bull riding. As
used in this paragraph, "race" means any speed contest between two
or more animals that are on a course at the same time and that is
operated for profit or operated other than by a nonprofit
organization.
   (4) The leading of livestock by a minor in nonprofit fairs, stock
parades, livestock shows and exhibitions.



1308.1.  (a) No minor under the age of 6 years shall be permitted to
engage in the door-to-door sales or street sales of candy, cookies,
flowers, or any other merchandise or commodities.
   (b) No minor under 16 years of age, permitted by law to engage in
door-to-door sales of newspaper or magazine subscriptions, or of
candy, cookies, flowers, or other merchandise or commodities, shall
be employed in those activities more than 50 miles from his or her
place of residence.


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



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


1308.4.  The Labor Commissioner may revoke, suspend, or refuse to
renew any registration under Section 1308.2 or 1308.3 when any of the
following have occurred:
   (a) The registrant or any agent of the registrant has violated or
failed to comply with Section 1308.2 or 1308.3.
   (b) The registrant has made any misrepresentation or false
statement in his or her application for registration under Section
1308.2 or 1308.3.
   (c) The registrant has operated in a manner substantially
different from the conditions of operation stated in the application
for registration.
   (d) The registrant, or any agent of the registrant, has been found
by a court of law or the Labor Commissioner to have violated, or
willfully aided or abetted any person in the violation of, any law of
this state regulating the employment of minors, the payment of wages
to minors, or the conditions, terms, or places of employment
affecting the health and safety of minors.
   (e) The registrant has been found, by a court of law or the
Secretary of Labor, to have violated any provision of the child labor
provisions set forth in Section 12 of the federal Fair Labor
Standards Act of 1938, as amended (29 U.S.C. Sec. 212).




1308.5.  (a) This section, with the exception of paragraph (4) of
this subdivision, shall apply to all minors under the age of 16
years. The written consent of the Labor Commissioner in the form of a
permit to employ a minor in the entertainment industry is required
for any minor, not otherwise exempted by this chapter, for any of the
following:
   (1) The employment of any minor, in the presentation of any drama,
legitimate play, or in any radio broadcasting or television studio.
   (2) The employment of any minor 12 years of age or over in any
other performance, concert, or entertainment.
   (3) The appearance of any minor over the age of eight years in any
performance, concert, or entertainment during the public school
vacation.
   (4) Allowing any minor between the ages of 8 and 18 years, who is
by any law of this state permitted to be employed as an actor,
actress, or performer in a theater, motion picture studio, radio
broadcasting studio, or television studio, before 10 p.m., in the
presentation of a performance, play, or drama continuing from an
earlier hour until after 10 p.m., to continue his or her part in such
presentation between the hours of 10 p.m. and midnight.
   (5) The appearance of any minor in any entertainment which is
noncommercial in nature.
   (6) The employment of any minor artist in the making of phonograph
recordings.
   (7) The employment of any minor as an advertising or photographic
model.
   (8) The employment or appearance of any minor pursuant to a
contract approved by the superior court under Chapter 3 (commencing
with Section 6750) of Part 3 of Division 11 of the Family Code.
   (b) Any person, or the agent, manager, superintendent, or officer
thereof, employing either directly or indirectly through third
persons, or any parent or guardian of a minor who employs, or permits
any minor to be employed in violation of any of the provisions of
this section is guilty of a misdemeanor. Failure to produce the
written consent from the Labor Commissioner is prima facie evidence
of the illegal employment of any minor whose written consent is not
produced.



1308.6.  No consent shall be given at any time unless the officer
giving it is satisfied that all of the following conditions are met:
   (a) The environment in which the performance, concert, or
entertainment is to be produced is proper for the minor.
   (b) The conditions of employment are not detrimental to the health
of the minor.
   (c) The minor's education will not be neglected or hampered by his
or her participation in the performance, concert, or entertainment.
   The Labor Commissioner may require the authority charged with the
issuance of age and schooling certificates to make the necessary
investigation into the conditions covered by this section.



1308.7.  (a) No minor shall be employed in the entertainment
industry more than eight hours in one day of 24 hours, or more than
48 hours in one week, or before 5 a.m., or after 10 p.m. on any day
preceding a schoolday. However, a minor may work the hours authorized
by this section during any evening preceding a nonschoolday until
12:30 a.m. of the nonschoolday.
   (b) For purposes of this section, "schoolday" means any day in
which a minor is required to attend school for 240 minutes or more.
   (c) Any person or the agent or officer thereof, or any parent or
guardian, who directly or indirectly violates or causes or suffers
the violation of this section, is guilty of a misdemeanor punishable
by a fine of not less than five hundred dollars ($500) nor more than
one thousand dollars ($1,000), or imprisonment in the county jail for
not more than 60 days, or both.


1308.8.  (a) No infant under the age of one month may be employed on
any motion picture set or location unless a licensed physician and
surgeon who is board-certified in pediatrics provides written
certification that the infant is at least 15 days old and, in his or
her medical opinion, the infant was carried to full term, was of
normal birth weight, is physically capable of handling the stress of
filmmaking, and the infant's lungs, eyes, heart, and immune system
are sufficiently developed to withstand the potential risks.
   (b) Any parent, guardian, or employer of a minor, and any officer
or agent of an employer of a minor, who directly or indirectly
violates subdivision (a), or who causes or suffers a violation of
subdivision (a), with respect to that minor, is guilty of a
misdemeanor punishable by a fine of not less than two thousand five
hundred dollars ($2,500) nor more than five thousand dollars
($5,000), by imprisonment in the county jail for not more than 60
days, or by both that fine and imprisonment.



1308.9.  (a) If the Labor Commissioner provides written consent
pursuant to Section 1308.5 for the employment of a minor under a
contract described in Section 6750 of the Family Code, that consent
shall be void after the expiration of 10 business days from the date
written consent was granted, unless it is attached to a true and
correct copy of the trustee's statement evidencing the establishment
on behalf of the minor of a "Coogan Trust Account" pursuant to
Chapter 3 (commencing with Section 6750) of Part 3 of Division 11 of
the Family Code. If the written consent is attached to a true and
correct copy of that trustee's statement, the written consent shall
be valid for a six-month period.
   (b) A person may not apply for the written consent of the Labor
Commissioner to employ the same minor under a contract described in
Section 6750 of the Family Code more than once in any six-month
period. If written consent is issued by the Labor Commissioner for
the employment of the same minor more than once within any six-month
period, the earliest dated written consent shall be valid and any
other written consent issued during that six-month period shall be
void.


1308.10.  (a) Prior to the employment of a minor under the age of 16
years in any of the circumstances listed in subdivision (a) of
Section 1308.5, the Labor Commissioner may issue a temporary permit
authorizing employment of the minor to enable a parent or guardian of
the minor to meet the requirement for a permit under subdivision (a)
of Section 1308.5 and to establish a trust account for the minor or
to produce the documentation required by the Labor Commissioner for
the issuance of a permit under Section 1308.5, subject to all of the
following conditions:
   (1) A temporary permit shall be valid for a period not to exceed
10 days from the date of issuance.
   (2) A temporary permit shall not be issued for the employment of a
minor if the minor's parent or guardian has previously applied for
or been issued a permit by the Labor Commissioner pursuant to Section
1308.5 or a temporary permit pursuant to this section for employment
of the minor.
   (3) The Division of Labor Standards Enforcement shall prepare and
make available on its Internet Web site the application form for a
temporary permit. An applicant for a temporary permit shall submit a
completed application and application fee online to the division.
Upon receipt of the completed application and fee, the division shall
immediately issue a temporary permit.
   (b) The Labor Commissioner shall deposit all fees for temporary
permits received into the Entertainment Work Permit Fund, which is
hereby created in the State Treasury. The funds deposited in the
Entertainment Work Permit Fund shall be available to the Labor
Commissioner, upon appropriation by the Legislature, to pay for the
costs of administration of the online temporary minor's entertainment
work permit program and to repay any loan from the Labor Enforcement
and Compliance Fund made pursuant to subdivision (c).
   (c) The Labor Commissioner is authorized on a one-time basis to
borrow up to two hundred fifty thousand dollars ($250,000) from the
Labor Enforcement and Compliance Fund, as established by subdivision
(e) of Section 62.5, for deposit in the Entertainment and Compliance
Fund to cover the one-time startup costs related to the temporary
permit program. The loan shall be repaid to the Law Enforcement and
Compliance Fund as soon as sufficient funds exist in the
Entertainment Work Permit Fund to repay the loan without compromising
the operations of the temporary work permit program.
   (d) The Labor Commissioner shall set forth the fee in an amount
sufficient to pay for these costs, but not to exceed fifty dollars
($50).



1309.  Every person who takes, receives, hires, employs, uses,
exhibits, or has in custody, for any of the purposes mentioned in
Section 1308, any minor under the age of 16, or under the age of 18,
as specified in paragraph (3) of subdivision (a) of Section 1308, is
guilty of a misdemeanor punishable by a fine of not less than one
thousand dollars ($1,000) nor more than five thousand dollars
($5,000), or imprisonment for not more than six months, or both.
   Any person who willfully violates this section shall, upon
conviction, be subject to a fine of not more than ten thousand
dollars ($10,000), or to imprisonment in the county jail for not more
than six months, or both. No person shall be imprisoned under this
section, except for an offense committed after the conviction of that
person for a prior offense under this article.



1309.5.  (a) Every person who, with knowledge that a person is a
minor under 18 years of age, or who, while in possession of these
facts that he or she should reasonably know that the person is a
minor under 18 years of age, knowingly sells or distributes for
resale films, photographs, slides, or magazines which depict a minor
under 18 years of age engaged in sexual conduct as defined in Section
311.4 of the Penal Code, shall determine the names and addresses of
persons from whom this material is obtained, and shall keep a record
of these names and addresses. These records shall be kept for a
period of three years after the material is obtained, and shall be
kept confidential except that they shall be available to law
enforcement officers as described in Section 830.1 and subdivision
(h) of Section 830.3 of the Penal Code upon request.
   (b) Every retailer who knows or reasonably should know that films,
photographs, slides, or magazines depict a minor under the age of 18
years engaged in sexual conduct as defined in Section 311.4 of the
Penal Code, shall keep a record of the names and addresses of persons
from whom this material is acquired. These records shall be kept for
a period of three years after the material is acquired, and shall be
kept confidential except that they shall be available to law
enforcement officers as described in Section 830.1 and subdivision
(h) of Section 830.3 of the Penal Code upon request.
   (c) The failure to keep and maintain the records described in
subdivisions (a) and (b) for a period of three years after the
obtaining or acquisition of this material is a misdemeanor.
Disclosure of these records by law enforcement officers, except in
the performance of their duties, is a misdemeanor.



1309.6.  (a) Any person who violates any provision of Section 1309.5
shall be liable for a civil penalty not to exceed seven thousand
five hundred dollars ($7,500) for each violation, which shall be
assessed and recovered in a civil action brought in the name of the
people of the State of California by the Attorney General or by any
district attorney, county counsel, or city attorney in any court of
competent jurisdiction.
   (b) If the action is brought by the Attorney General, one-half of
the penalty collected shall be paid to the treasurer of the county in
which the judgment was entered, and one-half to the State Treasurer.
If brought by a district attorney or county counsel, the entire
amount of penalty collected shall be paid to the treasurer of the
county in which the judgment was entered. If brought by a city
attorney or city prosecutor, one-half of the penalty shall be paid to
the treasurer of the county and one-half to the city.



1310.  Nothing in this article or Article 2 (commencing with Section
1390) of Chapter 3 shall prohibit or prevent:
   (a) The appearance of any minor in any church, public or religious
school, or community entertainment.
   (b) The appearance of any minor in any school entertainment or in
any entertainment for charity or for children, for which no admission
fee is charged.
   (c) The appearance of any minor in any radio or television
broadcasting exhibition, where the minor receives no compensation
directly or indirectly therefor, and where the engagement of the
minor is limited to a single appearance lasting not more than one
hour, and where no admission fee is charged for the radio
broadcasting or television exhibition.
   (d) The appearance of any minor at any one event during a calendar
year, occurring on a day on which school attendance is not required
or on the day preceding such a day, lasting four hours or less, where
a parent or guardian of the minor is present, for which the minor
does not directly or indirectly receive any compensation.



1311.  The Division of Labor Standards Enforcement shall enforce
this article.


1312.  Nothing in this article shall limit the authority of the
Attorney General or the district attorney of any county, either upon
their own complaint or the complaint of any person acting for himself
or the general public, to prosecute actions, either civil or
criminal, for violations of this article, or to enforce the
provisions thereof independently and without specific direction of
the director.

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1390.  As used in this article, unless the context otherwise
indicates:
   (a) "Horticultural" includes the curing and drying but not the
canning of all varieties of fruit.
   (b) "Drama" or "play" includes the production of motion picture
plays.



1391.  (a) Except as provided in Sections 1297, 1298, and 1308.7:
   (1) No employer shall employ a minor 15 years of age or younger
for more than eight hours in one day of 24 hours, or more than 40
hours in one week, or before 7 a.m. or after 7 p.m., except that from
June 1 through Labor Day, a minor 15 years of age or younger may be
employed for the hours authorized by this section until 9 p.m. in the
evening.
   (2) Notwithstanding paragraph (1), while school is in session, no
employer shall employ a minor 14 or 15 years of age for more than
three hours in any schoolday, nor more than 18 hours in any week, nor
during school hours, except that a minor enrolled in and employed
pursuant to a school-supervised and school-administered work
experience and career exploration program may be employed for no more
than 23 hours, any portion of which may be during school hours.
   (3) No employer shall employ a minor 16 or 17 years of age for
more than eight hours in one day of 24 hours or more than 48 hours in
one week, or before 5 a.m., or after 10 p.m. on any day preceding a
schoolday. However, a minor 16 or 17 years of age may be employed for
the hours authorized by this section during any evening preceding a
nonschoolday until 12:30 a.m. of the nonschoolday.
   (4) Notwithstanding paragraph (3), while school is in session, no
employer shall employ a minor 16 or 17 years of age for more than
four hours in any schoolday, except as follows:
   (A) The minor is employed in personal attendant occupations, as
defined in the Industrial Welfare Commission Minimum Wage Order No.
15 (8 Cal. Code Regs. Sec. 11150), school-approved work experience,
or cooperative vocational education programs.
   (B) The minor has been issued a permit to work pursuant to
subdivision (c) of Section 49112 and is employed in accordance with
the provisions of that permit.
   (b) For purposes of this section, "schoolday" means any day in
which a minor is required to attend school for 240 minutes or more.
   (c) Any person or the agent or officer thereof, or any parent or
guardian, who directly or indirectly violates or causes or suffers
the violation of this section is guilty of a misdemeanor punishable
by a fine of not less than one thousand dollars ($1,000) nor more
than five thousand dollars ($5,000), or imprisonment in the county
jail for not more than 60 days, or both. Any person who willfully
violates this section shall, upon conviction, be subject to a fine of
not more than ten thousand dollars ($10,000) or to imprisonment in
the county jail for not more than six months, or both. No person
shall be imprisoned under this section, except for an offense
committed after the conviction of that person for a prior offense
under this article.
   (d) Nothing in this section shall apply to any minor employed to
deliver newspapers to consumers.



1391.1.  Minors 16 years of age or older and under the age of 18
years enrolled in work experience or cooperative vocational education
programs approved by the State Department of Education or in work
experience education programs conducted by private schools may work
after 10 p.m. but not later than 12:30 a.m., providing such
employment is not detrimental to the health, education, or welfare of
the minor and the approval of the parent and the work experience
coordinator has been obtained. However, if any such minor works any
time during the hours from 10 p.m. to 12:30 a.m., he or she shall be
paid for work during that time at a rate which is not less than the
minimum wage paid to adults.



1391.2.  (a) Notwithstanding Sections 1391 and 1391.1, any minor
under 18 years of age who has been graduated from a high school
maintaining a four-year course above the eighth grade of the
elementary schools, or who has had an equal amount of education in a
private school or by private tuition, or who has been awarded a
certificate of proficiency pursuant to Section 48412 of the Education
Code, may be employed for the same hours as an adult may be employed
in performing the same work.
   (b) Notwithstanding the provisions of the orders of the Industrial
Welfare Commission, no employer shall pay any minor described in
this section in his employ at wage rates less than the rates paid to
adult employees in the same establishment for the same quantity and
quality of the same classification of work; provided, however, that
nothing herein shall prohibit a variation of rates of pay for such
minors and adult employees engaged in the same classification of work
based upon a difference in seniority, length of service, ability,
skill, difference in duties or services performed, whether regularly
or occasionally, difference in the shift or time of day worked, hours
of work, or other reasonable differentiation, when exercised in good
faith.


1392.  Every person who has a minor under his or her control, as a
ward or an apprentice, and who, except in household occupations,
requires the minor to work more than eight hours in any one day, is
guilty of a misdemeanor.


1393.  (a) Notwithstanding any other provision of this article and
Article 2 (commencing with Section 49110) of Chapter 7 of Part 27 of
Division 4 of Title 2 of the Education Code, the Labor Commissioner
may issue an exemption from laws regulating the employment of minors
to employers operating agricultural packing plants that employ minors
16 and 17 years of age during any day during which school is not in
session, for up to 10 hours per day during the peak harvest season.
These exemptions shall only be granted if they do not materially
affect the safety and welfare of minor employees and will prevent
undue hardship on the employer. The Labor Commissioner may require an
inspection of an agricultural packing plant prior to issuing an
exemption.
   (b) Any exemption granted pursuant to subdivision (a) shall be in
writing to be effective, and may be revoked after reasonable notice
is given, in writing, by the Labor Commissioner. Any notice of
revocation shall include the reason for the revocation.
   (c) An application for an exemption under subdivision (a) shall be
made by an employer on a form provided by the Labor Commissioner,
and a copy of the application shall be posted at the employer's place
of employment at the time the application is filed with the
division.



1393.5.  (a) Notwithstanding any other provision of this article or
Article 2 (commencing with Section 49110) of Chapter 7 of Part 27 of
Division 4 of Title 2 of the Education Code, an exemption issued
pursuant to Section 1393 may authorize the employment during the peak
harvest season of a minor, 16 or 17 years of age who resides in Lake
County, during any day in which school is not in session for up to
10 hours per day and more than 48 hours but not more than 60 hours in
any one week, only upon the prior written approval of the Lake
County Office of Education.
   (b) Each year, the Labor Commissioner, prior to issuing or
renewing an exemption under this section, shall inspect the affected
agricultural packing plant.
   (c) As a condition of receiving an exemption or a renewal of an
exemption under this section, an affected employer shall, on or
before October 1 of each year, file a written report to the Labor
Commissioner that contains the following employment information
regarding the employer's payroll for the same year up to September
15:
   (1) The number of minors employed by that employer.
   (2) A list of the age and hours worked on a weekly basis of each
minor employed.
   (d) Notwithstanding Chapter 24 (commencing with Section 7550) of
Division 7 of Title 1 of the Government Code, the Labor Commissioner
shall submit a written report to the Legislature, on or before
November 1, 2016, that describes the general working conditions of
minors employed in the agricultural packing industry during the
period from March 1, 2011, to October 1, 2016, inclusive, and that
includes all of the following information:
   (1) The number of minors employed in the agricultural packing
industry.
   (2) The number of exemptions issued, renewed, or denied pursuant
to this section.
   (3) A summary of the inspections conducted by the Labor
Commissioner pursuant to this section.
   (4) The number of workplace injuries that occurred to minors at
agricultural packing plants.
   (5) The number of violations of labor laws and regulations that
occurred at agricultural packing plants.
   (e) This section shall remain in effect only until January 1,
2017, and as of that date is repealed.



1394.  Nothing in this article or Article 2 (commencing with Section
1285) of Chapter 2 shall prohibit or prevent either of the
following:
   (a) The employment of any minor at agricultural, horticultural,
viticultural, or domestic labor during the time the public schools
are not in session, or during other than school hours, when the work
performed is for or under the control of his parent or guardian and
is performed upon or in connection with premises owned, operated or
controlled by the parent or guardian. However, nothing herein shall
permit children under schoolage to work at these occupations, while
the public schools are in session.
   (b) The full-time employment of minors who meet all other legal
employment requirements, if they are exempt from compulsory school
attendance under Section 48231 of the Education Code.



1398.  The Division of Labor Standards Enforcement shall enforce the
provisions of this article.



1399.  Nothing in this article shall limit the authority of the
Attorney General or the district attorney of any county, either upon
their own complaint or the complaint of any person acting for himself
or the general public, to prosecute actions, either civil or
criminal, for violations of this article, or to enforce the
provisions thereof independently and without specific direction of
the director.

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1400.  The definitions set forth in this section shall govern the
construction and meaning of the terms used in this chapter:
   (a) "Covered establishment" means any industrial or commercial
facility or part thereof that employs, or has employed within the
preceding 12 months, 75 or more persons.
   (b) "Employer" means any person, as defined by Section 18, who
directly or indirectly owns and operates a covered establishment. A
parent corporation is an employer as to any covered establishment
directly owned and operated by its corporate subsidiary.
   (c) "Layoff" means a separation from a position for lack of funds
or lack of work.
   (d) "Mass layoff" means a layoff during any 30-day period of 50 or
more employees at a covered establishment.
   (e) "Relocation" means the removal of all or substantially all of
the industrial or commercial operations in a covered establishment to
a different location 100 miles or more away.
   (f) "Termination" means the cessation or substantial cessation of
industrial or commercial operations in a covered establishment.
   (g) (1) This chapter does not apply where the closing or layoff is
the result of the completion of a particular project or undertaking
of an employer subject to Wage Order 11, regulating the Broadcasting
Industry, Wage Order 12, regulating the Motion Picture Industry, or
Wage Order 16, regulating Certain On-Site Occupations in the
Construction, Drilling, Logging and Mining Industries, of the
Industrial Welfare Commission, and the employees were hired with the
understanding that their employment was limited to the duration of
that project or undertaking.
   (2) This chapter does not apply to employees who are employed in
seasonal employment where the employees were hired with the
understanding that their employment was seasonal and temporary.
   (h) "Employee" means a person employed by an employer for at least
6 months of the 12 months preceding the date on which notice is
required.


1401.  (a) An employer may not order a mass layoff, relocation, or
termination at a covered establishment unless, 60 days before the
order takes effect, the employer gives written notice of the order to
the following:
   (1) The employees of the covered establishment affected by the
order.
   (2) The Employment Development Department, the local workforce
investment board, and the chief elected official of each city and
county government within which the termination, relocation, or mass
layoff occurs.
   (b) An employer required to give notice of any mass layoff,
relocation, or termination under this chapter shall include in its
notice the elements required by the federal Worker Adjustment and
Retraining Notification Act (29 U.S.C. Sec. 2101 et seq.).
   (c) Notwithstanding the requirements of subdivision (a), an
employer is not required to provide notice if a mass layoff,
relocation, or termination is necessitated by a physical calamity or
act of war.



1402.  (a) An employer who fails to give notice as required by
paragraph (1) of subdivision (a) of Section 1401 before ordering a
mass layoff, relocation, or termination is liable to each employee
entitled to notice who lost his or her employment for:
   (1) Back pay at the average regular rate of compensation received
by the employee during the last three years of his or her employment,
or the employee's final rate of compensation, whichever is higher.
   (2) The value of the cost of any benefits to which the employee
would have been entitled had his or her employment not been lost,
including the cost of any medical expenses incurred by the employee
that would have been covered under an employee benefit plan.
   (b) Liability under this section is calculated for the period of
the employer's violation, up to a maximum of 60 days, or one-half the
number of days that the employee was employed by the employer,
whichever period is smaller.
   (c) The amount of an employer's liability under subdivision (a) is
reduced by the following:
   (1) Any wages, except vacation moneys accrued prior to the period
of the employer's violation, paid by the employer to the employee
during the period of the employer's violation.
   (2) Any voluntary and unconditional payments made by the employer
to the employee that were not required to satisfy any legal
obligation.
   (3) Any payments by the employer to a third party or trustee, such
as premiums for health benefits or payments to a defined
contribution pension plan, on behalf of and attributable to the
employee for the period of the violation.




1402.5.  (a) An employer is not required to comply with the notice
requirement contained in subdivision (a) of Section 1401 if the
department determines that all of the following conditions exist:
   (1) As of the time that notice would have been required, the
employer was actively seeking capital or business.
   (2) The capital or business sought, if obtained, would have
enabled the employer to avoid or postpone the relocation or
termination.
   (3) The employer reasonably and in good faith believed that giving
the notice required by subdivision (a) of Section 1401 would have
precluded the employer from obtaining the needed capital or business.
   (b) The department may not determine that the employer was
actively seeking capital or business under subdivision (a) unless the
employer provides the department with both of the following:
   (1) A written record consisting of all documents relevant to the
determination of whether the employer was actively seeking capital or
business, as specified by the department.
   (2) An affidavit verifying the contents of the documents contained
in the record.
   (c) The affidavit provided to the department pursuant to paragraph
(2) of subdivision (b) shall contain a declaration signed under
penalty of perjury stating that the affidavit and the contents of the
documents contained in the record submitted pursuant to paragraph
(1) of subdivision (b) are true and correct.
   (d) This section does not apply to notice of a mass layoff as
defined by subdivision (d) of Section 1400.



1403.  An employer who fails to give notice as required by paragraph
(2) of subdivision (a) of Section 1401 is subject to a civil penalty
of not more than five hundred dollars ($500) for each day of the
employer's violation. The employer is not subject to a civil penalty
under this section, however, if the employer pays to all applicable
employees the amounts for which the employer is liable under Section
1402 within three weeks from the date the employer orders the mass
layoff, relocation, or termination.



1404.  A person, including a local government or an employee
representative, seeking to establish liability against an employer
may bring a civil action on behalf of the person, other persons
similarly situated, or both, in any court of competent jurisdiction.
The court may award reasonable attorney's fees as part of costs to
any plaintiff who prevails in a civil action brought under this
chapter.



1405.  If the court determines that an employer conducted a
reasonable investigation in good faith, and had reasonable grounds to
believe that its conduct was not a violation of this chapter, the
court may reduce the amount of any penalty imposed against the
employer under this chapter.



1406.  In any investigation or proceeding under this chapter, the
Labor Commissioner has, in addition to all other powers granted by
law, the authority to examine the books and records of an employer.



1407.  (a) Payments to a person under subdivision (a) of Section
1402 by an employer who has failed to provide the advance notice of
facility closure required by this chapter or the federal Worker
Adjustment and Retraining Notification Act (29 U.S.C. Sec. 2101 et
seq.) may not be construed as wages or compensation for personal
services under Article 2 (commencing with Section 926) of Chapter 4
of Part 1 of Division 1 of the Unemployment Insurance Code.
   (b) Benefits payable under Chapter 5 (commencing with Section
1251) of Part 1 of Division 1 of the Unemployment Insurance Code may
not be denied or reduced because of the receipt of payments related
to an employer's violation of this chapter or the federal Worker
Adjustment and Retraining Notification Act (29 U.S.C. Sec. 2101 et
seq.).


1408.  The provisions of this chapter are severable. If any
provision of this chapter or its application is held invalid, that
invalidity shall not affect other provisions or applications that can
be given effect without the invalid provision or application.