California Labor Code 200 - 977

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200.  As used in this article: (a) "Wages" includes all amounts for
labor performed by employees of every description, whether the amount
is fixed or ascertained by the standard of time, task, piece,
commission basis, or other method of calculation.
   (b) "Labor" includes labor, work, or service whether rendered or
performed under contract, subcontract, partnership, station plan, or
other agreement if the labor to be paid for is performed personally
by the person demanding payment.



200.5.  (a) Notwithstanding any provision of this code or Section
340 of the Code of Civil Procedure, to collect a civil penalty, fee,
or penalty fee under this division, the Division of Labor Standards
Enforcement shall commence an action within three years from the date
the penalty or fee became final. Upon commencement of an action, the
clerk of the superior court shall enter judgment immediately in
conformity therewith.
   (b) This section applies only to penalty assessments or fees that
became final on or after the effective date of the act adding this
section.
   (c) For purposes of this section, "commence an action" means to
file a request for entry of judgment on a civil penalty or fee with
the clerk of the superior court of the relevant county.
   (d) For purposes of this section, "final" means the time to appeal
has expired and there is no appeal pending.


201.  (a) If an employer discharges an employee, the wages earned
and unpaid at the time of discharge are due and payable immediately.
An employer who lays off a group of employees by reason of the
termination of seasonal employment in the curing, canning, or drying
of any variety of perishable fruit, fish or vegetables, shall be
deemed to have made immediate payment when the wages of said
employees are paid within a reasonable time as necessary for
computation and payment thereof; provided, however, that the
reasonable time shall not exceed 72 hours, and further provided that
payment shall be made by mail to any employee who so requests and
designates a mailing address therefor.
   (b) Notwithstanding any other provision of law, the state employer
shall be deemed to have made an immediate payment of wages under
this section for any unused or accumulated vacation, annual leave,
holiday leave, or time off to which the employee is entitled by
reason of previous overtime work where compensating time off was
given by the appointing power, provided, at least five workdays prior
to his or her final day of employment, the employee submits a
written election to his or her appointing power authorizing the state
employer to tender payment for any or all leave to be contributed on
a pretax basis to the employee's account in a state-sponsored
supplemental retirement plan as described under Sections 401(k), 403
(b), or 457 of the Internal Revenue Code provided the plan allows
those contributions. The contribution shall be tendered for payment
to the employee's 401(k), 403(b), or 457 plan account no later than
45 days after the employee's discharge from employment. Nothing in
this section is intended to authorize contributions in excess of the
annual deferral limits imposed under federal and state law or the
provisions of the supplemental retirement plan itself.
   (c) Notwithstanding any other provision of law, when the state
employer discharges an employee, the employee may, at least five
workdays prior to his or her final day of employment, submit a
written election to his or her appointing power authorizing the state
employer to defer into the next calendar year payment of any or all
of the employee's unused or accumulated vacation, annual leave,
holiday leave, or time off to which the employee is entitled by
reason of previous overtime work where compensating time off was
given by the appointing power. To qualify for the deferral of payment
under this section, only that portion of leave that extends past the
November pay period for state employees shall be deferred into the
next calendar year. An employee electing to defer payment into the
next calendar year under this section may do any of the following:
   (1) Contribute the entire payment to his or her 401(k), 403(b), or
457 plan account.
   (2) Contribute any portion of the deferred payment to his or her
401(k), 403(b), or 457 plan account and receive cash payment for the
remaining noncontributed unused leave.
   (3) Receive a lump-sum payment for all of the deferred unused
leave as described above.
   Payments shall be tendered under this section no later than
February 1 in the year following the employee's last day of
employment. Nothing in this section is intended to authorize
contributions in excess of the annual deferral limits imposed under
federal and state law or the provisions of the supplemental
retirement plan itself.


201.3.  (a) For purposes of this section, the following definitions
apply:
   (1) "Temporary services employer" means an employing unit that
contracts with clients or customers to supply workers to perform
services for the clients or customers and that performs all of the
following functions:
   (A) Negotiates with clients and customers for matters such as the
time and place where the services are to be provided, the type of
work, the working conditions, and the quality and price of the
services.
   (B) Determines assignments or reassignments of workers, even if
workers retain the right to refuse specific assignments.
   (C) Retains the authority to assign or reassign a worker to
another client or customer when the worker is determined unacceptable
by a specific client or customer.
   (D) Assigns or reassigns workers to perform services for clients
or customers.
   (E) Sets the rate of pay of workers, whether or not through
negotiation.
   (F) Pays workers from its own account or accounts.
   (G) Retains the right to hire and terminate workers.
   (2) "Temporary services employer" does not include any of the
following:
   (A) A bona fide nonprofit organization that provides temporary
service employees to clients.
   (B) A farm labor contractor, as defined in subdivision (b) of
Section 1682.
   (C) A garment manufacturing employer, which, for purposes of this
section, has the same meaning as "contractor," as defined in
subdivision (d) of Section 2671.
   (3) "Employing unit" has the same meaning as defined in Section
135 of the Unemployment Insurance Code.
   (4) "Client" and "customer" means the person with whom a temporary
services employer has a contractual relationship to provide the
services of one or more individuals employed by the temporary
services employer.
   (b) (1) Except as provided in paragraphs (2) to (5), inclusive, if
an employee of a temporary services employer is assigned to work for
a client, that employee's wages are due and payable no less
frequently than weekly, regardless of when the assignment ends, and
wages for work performed during any calendar week shall be due and
payable not later than the regular payday of the following calendar
week. A temporary services employer shall be deemed to have timely
paid wages upon completion of an assignment if wages are paid in
compliance with this subdivision.
   (2) If an employee of a temporary services employer is assigned to
work for a client on a day-to-day basis, that employee's wages are
due and payable at the end of each day, regardless of when the
assignment ends, if each of the following occurs:
   (A) The employee reports to or assembles at the office of the
temporary services employer or other location.
   (B) The employee is dispatched to a client's worksite each day and
returns to or reports to the office of the temporary services
employer or other location upon completion of the assignment.
   (C) The employee's work is not executive, administrative, or
professional, as defined in the wage orders of the Industrial Welfare
Commission, and is not clerical.
   (3) If an employee of a temporary services employer is assigned to
work for a client engaged in a trade dispute, that employee's wages
are due and payable at the end of each day, regardless of when the
assignment ends.
   (4) If an employee of a temporary services employer is assigned to
work for a client and is discharged by the temporary services
employer or leasing employer, wages are due and payable as provided
in Section 201.
   (5) If an employee of a temporary services employer is assigned to
work for a client and quits his or her employment with the temporary
services employer, wages are due and payable as provided in Section
202.
   (6) If an employee of a temporary services employer is assigned to
work for a client for over 90 consecutive calendar days, this
section shall not apply unless the temporary services employer pays
the employee weekly in compliance with paragraph (1) of subdivision
(b).
   (c) A temporary services employer who violates this section shall
be subject to the civil penalties provided for in Section 203, and to
any other penalties available at law.
   (d) Nothing in this section shall be interpreted to limit any
rights or remedies otherwise available under state or federal law.




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



201.7.  An employer who lays off an employee or a group of employees
engaged in the business of oil drilling shall be deemed to have made
immediate payment within the meaning of Section 201 if the wages of
such employees are paid within such reasonable time as may be
necessary for computation or payment thereof; provided, however, that
such reasonable time shall not exceed 24 hours after discharge
excluding Saturdays, Sundays, and holidays; and provided further,
such payment may be mailed and the date of mailing is the date of
payment.
   The Legislature finds and determines that special provision must
be made for the payment of wages on discharge of employees engaged in
oil drilling because their employment at various locations is often
far removed from the employer's principal administrative offices,
which makes the computation and payment of wages on an immediate
basis unduly burdensome.



201.9.  Notwithstanding subdivision (a) of Section 201, if employees
are employed at a venue that hosts live theatrical or concert events
and are enrolled in and routinely dispatched to employment through a
hiring hall or other system of regular short-term employment
established in accordance with a bona fide collective bargaining
agreement, these employees and their employers may establish by
express terms in their collective bargaining agreement the time
limits for payment of wages to an employee who is discharged or laid
off.


202.  (a) If an employee not having a written contract for a
definite period quits his or her employment, his or her wages shall
become due and payable not later than 72 hours thereafter, unless the
employee has given 72 hours previous notice of his or her intention
to quit, in which case the employee is entitled to his or her wages
at the time of quitting. Notwithstanding any other provision of law,
an employee who quits without providing a 72-hour notice shall be
entitled to receive payment by mail if he or she so requests and
designates a mailing address. The date of the mailing shall
constitute the date of payment for purposes of the requirement to
provide payment within 72 hours of the notice of quitting.
   (b) Notwithstanding any other provision of law, the state employer
shall be deemed to have made an immediate payment of wages under
this section for any unused or accumulated vacation, annual leave,
holiday leave, sick leave to which the employee is otherwise entitled
due to a disability retirement, or time off to which the employee is
entitled by reason of previous overtime work where compensating time
off was given by the appointing power, provided at least five
workdays prior to his or her final day of employment, the employee
submits a written election to his or her appointing power authorizing
the state employer to tender payment for any or all leave to be
contributed on a pretax basis to the employee's account in a
state-sponsored supplemental retirement plan as described under
Sections 401(k), 403(b), or 457 of the Internal Revenue Code provided
the plan allows those contributions. The contribution shall be
tendered for payment to the employee's 401(k), 403(b), or 457 plan
account no later than 45 days after the employee's last day of
employment. Nothing in this section is intended to authorize
contributions in excess of the annual deferral limits imposed under
federal and state law or the provisions of the supplemental
retirement plan itself.
   (c) Notwithstanding any other provision of law, when a state
employee quits, retires, or disability retires from his or her
employment with the state, the employee may, at least five workdays
prior to his or her final day of employment, submit a written
election to his or her appointing power authorizing the state
employer to defer into the next calendar year payment of any or all
of the employee's unused or accumulated vacation, annual leave,
holiday leave, sick leave to which the employee is otherwise entitled
due to a disability, retirement, or time off to which the employee
is entitled by reason of previous overtime work where compensating
time off was given by the appointing power. To qualify for the
deferral of payment under this section, only that portion of leave
that extends past the November pay period for state employees shall
be deferred into the next calendar year under this section may do any
of the following:
   (1) Contribute the entire payment to his or her 401(k), 403(b), or
457 plan account.
   (2) Contribute any portion of the deferred payment to his or her
401(k), 403(b), or 457 plan account and receive cash payment for the
remaining noncontributed unused leave.
   (3) Receive a lump-sum payment for all of the deferred unused
leave as described above.
   Payments shall be tendered under this section no later than
February 1 in the year following the employee's last day of
employment. Nothing in this section is intended to authorize
contributions in excess of the annual deferral limits imposed under
federal and state law or the provisions of the supplemental
retirement plan itself.



203.  (a) If an employer willfully fails to pay, without abatement
or reduction, in accordance with Sections 201, 201.3, 201.5, 202, and
205.5, any wages of an employee who is discharged or who quits, the
wages of the employee shall continue as a penalty from the due date
thereof at the same rate until paid or until an action therefor is
commenced; but the wages shall not continue for more than 30 days. An
employee who secretes or absents himself or herself to avoid payment
to him or her, or who refuses to receive the payment when fully
tendered to him or her, including any penalty then accrued under this
section, is not entitled to any benefit under this section for the
time during which he or she so avoids payment.
   (b) Suit may be filed for these penalties at any time before the
expiration of the statute of limitations on an action for the wages
from which the penalties arise.



203.1.  If an employer pays an employee in the regular course of
employment or in accordance with Section 201, 201.3, 201.5, 201.7, or
202 any wages or fringe benefits, or both, by check, draft or
voucher, which check, draft or voucher is subsequently refused
payment because the employer or maker has no account with the bank,
institution, or person on which the instrument is drawn, or has
insufficient funds in the account upon which the instrument is drawn
at the time of its presentation, so long as the same is presented
within 30 days of receipt by the employee of the check, draft or
voucher, those wages or fringe benefits, or both, shall continue as a
penalty from the due date thereof at the same rate until paid or
until an action therefor is commenced. However, those wages and
fringe benefits shall not continue for more than 30 days and this
penalty shall not apply if the employer can establish to the
satisfaction of the Labor Commissioner or an appropriate court of law
that the violation of this section was unintentional. This penalty
also shall not apply in any case in which an employee recovers the
service charge authorized by Section 1719 of the Civil Code in an
action brought by the employee thereunder.



203.5.  (a) If a bonding company issuing a bond which secures the
payment of wages for labor or the surety on a bond willfully fails to
pay, without abatement or reduction, any verified claim made for
wages found to be due and payable, the claim for wages shall continue
as a penalty against the bonding company or surety from the date on
which demand for payment was made at the same rate until paid as the
wages upon which the claim is based, except that the claim shall not
continue as a penalty for more than 30 days.
   (b) This section shall not apply to contractor's bonds required
pursuant to Section 7071.6 of the Business and Professions Code.




204.  (a) All wages, other than those mentioned in Section 201,
201.3, 202, 204.1, or 204.2, earned by any person in any employment
are due and payable twice during each calendar month, on days
designated in advance by the employer as the regular paydays. Labor
performed between the 1st and 15th days, inclusive, of any calendar
month shall be paid for between the 16th and the 26th day of the
month during which the labor was performed, and labor performed
between the 16th and the last day, inclusive, of any calendar month,
shall be paid for between the 1st and 10th day of the following
month. However, salaries of executive, administrative, and
professional employees of employers covered by the Fair Labor
Standards Act, as set forth pursuant to Section 13(a)(1) of the Fair
Labor Standards Act, as amended through March 1, 1969, in Part 541 of
Title 29 of the Code of Federal Regulations, as that part now reads
or may be amended to read at any time hereafter, may be paid once a
month on or before the 26th day of the month during which the labor
was performed if the entire month's salaries, including the unearned
portion between the date of payment and the last day of the month,
are paid at that time.
   (b) (1) Notwithstanding any other provision of this section, all
wages earned for labor in excess of the normal work period shall be
paid no later than the payday for the next regular payroll period.
   (2) An employer is in compliance with the requirements of
subdivision (a) of Section 226 relating to total hours worked by the
employee, if hours worked in excess of the normal work period during
the current pay period are itemized as corrections on the paystub for
the next regular pay period. Any corrections set out in a
subsequently issued paystub shall state the inclusive dates of the
pay period for which the employer is correcting its initial report of
hours worked.
   (c) However, when employees are covered by a collective bargaining
agreement that provides different pay arrangements, those
arrangements shall apply to the covered employees.
   (d) The requirements of this section shall be deemed satisfied by
the payment of wages for weekly, biweekly, or semimonthly payroll if
the wages are paid not more than seven calendar days following the
close of the payroll period.


204a.  When workers are engaged in an employment that normally
involves working for several employers in the same industry
interchangeably, and the several employers, or some of them,
cooperate to establish a plan for the payment of wages at a central
place or places and in accordance with a unified schedule of pay
days, all the provisions of this chapter except 201, 202, and 208
shall apply. All such workers, including those who have been
discharged and those who quit, shall receive their wages at such
central place or places.
   This section shall not apply to any such plan until 10 days after
notice of their intention to set up such a plan shall have been given
to the Labor Commissioner by the employers who cooperate to
establish the plan. Having once been established, no such plan can be
abandoned except after notice of their intention to abandon such
plan has been given to the Labor Commissioner by the employers
intending to abandon the plan.



204b.  Section 204 shall be inapplicable to employees paid on a
weekly basis on a regular day designated by the employer in advance
of the rendition of services as the regular payday.
   Labor performed by a weekly-paid employee during any calendar week
and prior to or on the regular payday shall be paid for not later
than the regular payday of the employer for such weekly-paid employee
falling during the following calendar week.
   Labor performed by a weekly-paid employee during any calendar week
and subsequent to the regular payday shall be paid for not later
than seven days after the regular payday of the employer for such
weekly-paid employee falling during the following calendar week.



204c.  Section 204 shall be inapplicable to executive,
administrative or professional employees who are not covered by any
collective bargaining agreement, who are not subject to the Fair
Labor Standards Act, whose monthly remuneration does not include
overtime pay, and who are paid within seven days of the close of
their monthly payroll period.



204.1.  Commission wages paid to any person employed by an employer
licensed as a vehicle dealer by the Department of Motor Vehicles are
due and payable once during each calendar month on a day designated
in advance by the employer as the regular payday. Commission wages
are compensation paid to any person for services rendered in the sale
of such employer's property or services and based proportionately
upon the amount or value thereof.
   The provisions of this section shall not apply if there exists a
collective bargaining agreement between the employer and his
employees which provides for the date on which wages shall be paid.



204.2.  Salaries of executive, administrative, and professional
employees of employers covered by the Fair Labor Standards Act, as
set forth pursuant to Section 13(a)(1) of the Fair Labor Standards
Act of 1938, as amended through March 1, 1969, (Title 29, Section 213
(a)(1), United States Code) in Part 541 of Title 29 of the Code of
Federal Regulations, as that part now reads, earned for labor
performed in excess of 40 hours in a calendar week are due and
payable on or before the 26th day of the calendar month immediately
following the month in which such labor was performed. However, when
such employees are covered by a collective bargaining agreement that
provides different pay arrangements, those arrangements will apply to
the covered employees.



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



205.  In agricultural, viticultural, and horticultural pursuits, in
stock or poultry raising, and in household domestic service, when the
employees in such employments are boarded and lodged by the
employer, the wages due any employee remaining in such employment
shall become due and payable once in each calendar month on a day
designated in advance by the employer as the regular payday. No two
successive paydays shall be more than 31 days apart, and the payment
shall include all wages up to the regular payday. Notwithstanding the
provisions of this section, wages of workers employed by a farm
labor contractor shall be paid on payroll periods at least once every
week on a business day designated in advance by the farm labor
contractor. Payment on such payday shall include all wages earned up
to and including the fourth day before such payday.



205.5.  All wages, other than those mentioned in Sections 201 and
202, earned by any agricultural employee, as defined in Section
1140.4, are due and payable twice during each calendar month, on days
designated in advance by the agricultural employer as the regular
paydays. Labor performed between the 1st and the 15th days,
inclusive, of any calendar month shall be paid between the 16th and
the 22nd day of the month during which the labor was performed. Labor
performed between the 16th and the last day, inclusive, of any
calendar month shall be paid between the first and the seventh day of
the following month. Agricultural employees, as used in this
section, shall not include those employees who are covered by Section
205.



206.  (a) In case of a dispute over wages, the employer shall pay,
without condition and within the time set by this article, all wages,
or parts thereof, conceded by him to be due, leaving to the employee
all remedies he might otherwise be entitled to as to any balance
claimed.
   (b) If, after an investigation and hearing, the Labor Commissioner
has determined the validity of any employee's claim for wages, the
claim is due and payable within 10 days after receipt of notice by
the employer that such wages are due. Any employer having the ability
to pay who willfully fails to pay such wages within 10 days shall,
in addition to any other applicable penalty, pay treble the amount of
any damages accruing to the employee as a direct and foreseeable
consequence of such failure to pay.


206.5.  (a) An employer shall not require the execution of a release
of a claim or right on account of wages due, or to become due, or
made as an advance on wages to be earned, unless payment of those
wages has been made. A release required or executed in violation of
the provisions of this section shall be null and void as between the
employer and the employee. Violation of this section by the employer
is a misdemeanor.
   (b) For purposes of this section, "execution of a release"
includes requiring an employee, as a condition of being paid, to
execute a statement of the hours he or she worked during a pay period
which the employer knows to be false.



207.  Every employer shall keep posted conspicuously at the place of
work, if practicable, or otherwise where it can be seen as employees
come or go to their places of work, or at the office or nearest
agency for payment kept by the employer, a notice specifying the
regular pay days and the time and place of payment, in accordance
with this article.



208.  Every employee who is discharged shall be paid at the place of
discharge, and every employee who quits shall be paid at the office
or agency of the employer in the county where the employee has been
performing labor. All payments shall be made in the manner provided
by law.


209.  In the event of any strike, the unpaid wages earned by
striking employees shall become due and payable on the next regular
pay day, and the payment or settlement thereof shall include all
amounts due the striking employees without abatement or reduction.
The employer shall return to each striking employee any deposit,
money, or other guaranty required by him from the employee for the
faithful performance of the duties of the employment.



210.  (a) In addition to, and entirely independent and apart from,
any other penalty provided in this article, every person who fails to
pay the wages of each employee as provided in Sections 201.3, 204,
204b, 204.1, 204.2, 205, 205.5, and 1197.5, shall be subject to a
civil penalty as follows:
   (1) For any initial violation, one hundred dollars ($100) for each
failure to pay each employee.
   (2) For each subsequent violation, or any willful or intentional
violation, two hundred dollars ($200) for each failure to pay each
employee, plus 25 percent of the amount unlawfully withheld.
   (b) The penalty shall be recovered by the Labor Commissioner as
part of a hearing held to recover unpaid wages and penalties pursuant
to this chapter or in an independent civil action. The action shall
be brought in the name of the people of the State of California and
the Labor Commissioner and the attorneys thereof may proceed and act
for and on behalf of the people in bringing these actions. Twelve and
one-half percent of the penalty recovered shall be paid into a fund
within the Labor and Workforce Development Agency dedicated to
educating employers about state labor laws, and the remainder shall
be paid into the State Treasury to the credit of the General Fund.



211.  When action to recover such penalties is brought, no court
costs shall be payable by the state or the division. Any sheriff or
marshal who serves the summons in the action upon any defendant
within his or her jurisdiction shall do so without cost to the
division. The sheriff or marshal shall specify in the return what
costs he or she would ordinarily have been entitled to for such
service, and those costs and the other regular court costs that would
have accrued were the action not on behalf of the state shall be
made a part of any judgment recovered by the plaintiff and shall be
paid out of the first money recovered on the judgment. Several causes
of action for the penalties may be united in the same action without
being separately stated. A demand is a prerequisite to the bringing
of any action under this section or Section 210. The division on
behalf of the state may accept and receipt for any penalties so paid,
with or without suit.


212.  (a) No person, or agent or officer thereof, shall issue in
payment of wages due, or to become due, or as an advance on wages to
be earned:
   (1) Any order, check, draft, note, memorandum, or other
acknowledgment of indebtedness, unless it is negotiable and payable
in cash, on demand, without discount, at some established place of
business in the state, the name and address of which must appear on
the instrument, and at the time of its issuance and for a reasonable
time thereafter, which must be at least 30 days, the maker or drawer
has sufficient funds in, or credit, arrangement, or understanding
with the drawee for its payment.
   (2) Any scrip, coupon, cards, or other thing redeemable, in
merchandise or purporting to be payable or redeemable otherwise than
in money.
   (b) Where an instrument mentioned in subdivision (a) is protested
or dishonored, the notice or memorandum of protest or dishonor is
admissible as proof of presentation, nonpayment and protest and is
presumptive evidence of knowledge of insufficiency of funds or credit
with the drawee.
   (c) Notwithstanding paragraph (1) of subdivision (a), if the
drawee is a bank, the bank's address need not appear on the
instrument and, in that case, the instrument shall be negotiable and
payable in cash, on demand, without discount, at any place of
business of the drawee chosen by the person entitled to enforce the
instrument.


213.  Nothing contained in Section 212 shall:
   (a) Prohibit an employer from guaranteeing the payment of bills
incurred by an employee for the necessaries of life or for the tools
and implements used by the employee in the performance of his or her
duties.
   (b) Apply to counties, municipal corporations, quasi-municipal
corporations, or school districts.
   (c) Apply to students of nonprofit schools, colleges,
universities, and other nonprofit educational institutions.
   (d) Prohibit an employer from depositing wages due or to become
due or an advance on wages to be earned in an account in any bank,
savings and loan association, or credit union of the employee's
choice with a place of business located in this state, provided that
the employee has voluntarily authorized that deposit. If an employer
discharges an employee or the employee quits, the employer may pay
the wages earned and unpaid at the time the employee is discharged or
quits by making a deposit authorized pursuant to this subdivision,
provided that the employer complies with the provisions of this
article relating to the payment of wages upon termination or quitting
of employment.



214.  Prosecution under section 212 may be brought either at the
place where the alleged illegal order, check, draft, note, memorandum
or other acknowledgment of wage indebtedness is issued or at the
place where it is made payable.


215.  Any person, or the agent, manager, superintendent or officer
thereof, who violates any provision of Section 201.3, 204, 204b, 205,
207, 208, 209, or 212 is guilty of a misdemeanor. Any failure to
keep posted any notice required by Section 207 is prima facie
evidence of a violation of these sections.



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



217.  The Division of Labor Law Enforcement shall inquire diligently
for any violations of this article, and, in cases which it deems
proper, shall institute the actions for the penalties provided for in
this article and shall enforce this article.



218.  Nothing in this article shall limit the authority of the
district attorney of any county or prosecuting attorney of any city
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 division. Nothing in this article
shall limit the right of any wage claimant to sue directly or through
an assignee for any wages or penalty due him under this article.



218.5.  In any action brought for the nonpayment of wages, fringe
benefits, or health and welfare or pension fund contributions, the
court shall award reasonable attorney's fees and costs to the
prevailing party if any party to the action requests attorney's fees
and costs upon the initiation of the action. This section shall not
apply to an action brought by the Labor Commissioner. This section
shall not apply to a surety issuing a bond pursuant to Chapter 9
(commencing with Section 7000) of Division 3 of the Business and
Professions Code or to an action to enforce a mechanics lien brought
under Chapter 4 (commencing with Section 8400) of Title 2 of Part 6
of Division 2 of the Civil Code.
   This section does not apply to any action for which attorney's
fees are recoverable under Section 1194.



218.6.  In any action brought for the nonpayment of wages, the court
shall award interest on all due and unpaid wages at the rate of
interest specified in subdivision (b) of Section 3289 of the Civil
Code, which shall accrue from the date that the wages were due and
payable as provided in Part 1 (commencing with Section 200) of
Division 2.



219.  (a) Nothing in this article shall in any way limit or prohibit
the payment of wages at more frequent intervals, or in greater
amounts, or in full when or before due, but no provision of this
article can in any way be contravened or set aside by a private
agreement, whether written, oral, or implied.
   (b) The state employer does not violate this section by
authorizing employees who quit, or are discharged from, their
employment with the state to take payment for any unused or
accumulated vacation, annual leave, holiday leave, sick leave to
which the employee is otherwise entitled due to a disability
retirement, or time off to which the employee is entitled by reason
of previous overtime work where compensating time off was given by
the appointing power, as provided in Section 201 or 202.




220.  (a) Sections 201.3, 201.5, 201.7, 203.1, 203.5, 204, 204a,
204b, 204c, 204.1, 205, and 205.5 do not apply to the payment of
wages of employees directly employed by the State of California.
Except as provided in subdivision (b), all other employment is
subject to these provisions.
   (b) Sections 200 to 211, inclusive, and Sections 215 to 219,
inclusive, do not apply to the payment of wages of employees directly
employed by any county, incorporated city, or town or other
municipal corporation. All other employments are subject to these
provisions.


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



221.  It shall be unlawful for any employer to collect or receive
from an employee any part of wages theretofore paid by said employer
to said employee.


222.  It shall be unlawful, in case of any wage agreement arrived at
through collective bargaining, either wilfully or unlawfully or with
intent to defraud an employee, a competitor, or any other person, to
withhold from said employee any part of the wage agreed upon.



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



223.  Where any statute or contract requires an employer to maintain
the designated wage scale, it shall be unlawful to secretly pay a
lower wage while purporting to pay the wage designated by statute or
by contract.


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



225.  The violation of any provision of Sections 221, 222, 222.5, or
223 is a misdemeanor.



225.5.  In addition to, and entirely independent and apart from, any
other penalty provided in this article, every person who unlawfully
withholds wages due any employee in violation of Section 212, 216,
221, 222, or 223 shall be subject to a civil penalty as follows:
   (a) For any initial violation, one hundred dollars ($100) for each
failure to pay each employee.
   (b) For each subsequent violation, or any willful or intentional
violation, two hundred dollars ($200) for each failure to pay each
employee, plus 25 percent of the amount unlawfully withheld.
   The penalty shall be recovered by the Labor Commissioner as part
of a hearing held to recover unpaid wages and penalties or in an
independent civil action. The action shall be brought in the name of
the people of the State of California and the Labor Commissioner and
attorneys thereof may proceed and act for and on behalf of the people
in bringing the action. Twelve and one-half percent of the penalty
recovered shall be paid into a fund within the Labor and Workforce
Development Agency dedicated to educating employers about state labor
laws, and the remainder shall be paid into the State Treasury to the
credit of the General Fund.



226.  (a) Every employer shall, semimonthly or at the time of each
payment of wages, furnish each of his or her employees, either as a
detachable part of the check, draft, or voucher paying the employee's
wages, or separately when wages are paid by personal check or cash,
an accurate itemized statement in writing showing (1) gross wages
earned, (2) total hours worked by the employee, except for any
employee whose compensation is solely based on a salary and who is
exempt from payment of overtime under subdivision (a) of Section 515
or any applicable order of the Industrial Welfare Commission, (3) the
number of piece-rate units earned and any applicable piece rate if
the employee is paid on a piece-rate basis, (4) all deductions,
provided that all deductions made on written orders of the employee
may be aggregated and shown as one item, (5) net wages earned, (6)
the inclusive dates of the period for which the employee is paid, (7)
the name of the employee and only the last four digits of his or her
social security number or an employee identification number other
than a social security number, (8) the name and address of the legal
entity that is the employer and, if the employer is a farm labor
contractor, as defined in subdivision (b) of Section 1682, the name
and address of the legal entity that secured the services of the
employer, and (9) all applicable hourly rates in effect during the
pay period and the corresponding number of hours worked at each
hourly rate by the employee and, beginning July 1, 2013, if the
employer is a temporary services employer as defined in Section
201.3, the rate of pay and the total hours worked for each temporary
services assignment. The deductions made from payment of wages shall
be recorded in ink or other indelible form, properly dated, showing
the month, day, and year, and a copy of the statement and the record
of the deductions shall be kept on file by the employer for at least
three years at the place of employment or at a central location
within the State of California. For purposes of this subdivision,
"copy" includes a duplicate of the itemized statement provided to an
employee or a computer-generated record that accurately shows all of
the information required by this subdivision.
   (b) An employer that is required by this code or any regulation
adopted pursuant to this code to keep the information required by
subdivision (a) shall afford current and former employees the right
to inspect or copy records pertaining to their employment, upon
reasonable request to the employer. The employer may take reasonable
steps to ensure the identity of a current or former employee. If the
employer provides copies of the records, the actual cost of
reproduction may be charged to the current or former employee.
   (c) An employer who receives a written or oral request to inspect
or copy records pursuant to subdivision (b) pertaining to a current
or former employee shall comply with the request as soon as
practicable, but no later than 21 calendar days from the date of the
request. A violation of this subdivision is an infraction.
Impossibility of performance, not caused by or a result of a
violation of law, shall be an affirmative defense for an employer in
any action alleging a violation of this subdivision. An employer may
designate the person to whom a request under this subdivision will be
made.
   (d) This section does not apply to any employer of any person
employed by the owner or occupant of a residential dwelling whose
duties are incidental to the ownership, maintenance, or use of the
dwelling, including the care and supervision of children, or whose
duties are personal and not in the course of the trade, business,
profession, or occupation of the owner or occupant.
   (e) (1) An employee suffering injury as a result of a knowing and
intentional failure by an employer to comply with subdivision (a) is
entitled to recover the greater of all actual damages or fifty
dollars ($50) for the initial pay period in which a violation occurs
and one hundred dollars ($100) per employee for each violation in a
subsequent pay period, not to exceed an aggregate penalty of four
thousand dollars ($4,000), and is entitled to an award of costs and
reasonable attorney's fees.
   (2) (A) An employee is deemed to suffer injury for purposes of
this subdivision if the employer fails to provide a wage statement.
   (B) An employee is deemed to suffer injury for purposes of this
subdivision if the employer fails to provide accurate and complete
information as required by any one or more of items (1) to (9),
inclusive, of subdivision (a) and the employee cannot promptly and
easily determine from the wage statement alone one or more of the
following:
   (i) The amount of the gross wages or net wages paid to the
employee during the pay period or any of the other information
required to be provided on the itemized wage statement pursuant to
items (2) to (4), inclusive, (6), and (9) of subdivision (a).
   (ii) Which deductions the employer made from gross wages to
determine the net wages paid to the employee during the pay period.
Nothing in this subdivision alters the ability of the employer to
aggregate deductions consistent with the requirements of item (4) of
subdivision (a).
   (iii) The name and address of the employer and, if the employer is
a farm labor contractor, as defined in subdivision (b) of Section
1682, the name and address of the legal entity that secured the
services of the employer during the pay period.
   (iv) The name of the employee and only the last four digits of his
or her social security number or an employee identification number
other than a social security number.
   (C) For purposes of this paragraph, "promptly and easily determine"
means a reasonable person would be able to readily ascertain the
information without reference to other documents or information.
   (3) For purposes of this subdivision, a "knowing and intentional
failure" does not include an isolated and unintentional payroll error
due to a clerical or inadvertent mistake. In reviewing for
compliance with this section, the factfinder may consider as a
relevant factor whether the employer, prior to an alleged violation,
has adopted and is in compliance with a set of policies, procedures,
and practices that fully comply with this section.
   (f) A failure by an employer to permit a current or former
employee to inspect or copy records within the time set forth in
subdivision (c) entitles the current or former employee or the Labor
Commissioner to recover a seven-hundred-fifty-dollar ($750) penalty
from the employer.
   (g) The listing by an employer of the name and address of the
legal entity that secured the services of the employer in the
itemized statement required by subdivision (a) shall not create any
liability on the part of that legal entity.
   (h) An employee may also bring an action for injunctive relief to
ensure compliance with this section, and is entitled to an award of
costs and reasonable attorney's fees.
   (i) This section does not apply to the state, to any city, county,
city and county, district, or to any other governmental entity,
except that if the state or a city, county, city and county,
district, or other governmental entity furnishes its employees with a
check, draft, or voucher paying the employee's wages, the state or a
city, county, city and county, district, or other governmental
entity shall use no more than the last four digits of the employee's
social security number or shall use an employee identification number
other than the social security number on the itemized statement
provided with the check, draft, or voucher.



226.1.  The requirements of item (9) of subdivision (a) of Section
226, with respect to a temporary services employer, do not apply to a
security services company that is licensed by the Department of
Consumer Affairs and that solely provides security services.




226.3.  Any employer who violates subdivision (a) of Section 226
shall be subject to a civil penalty in the amount of two hundred
fifty dollars ($250) per employee per violation in an initial
citation and one thousand dollars ($1,000) per employee for each
violation in a subsequent citation, for which the employer fails to
provide the employee a wage deduction statement or fails to keep the
records required in subdivision (a) of Section 226. The civil
penalties provided for in this section are in addition to any other
penalty provided by law. In enforcing this section, the Labor
Commissioner shall take into consideration whether the violation was
inadvertent, and in his or her discretion, may decide not to penalize
an employer for a first violation when that violation was due to a
clerical error or inadvertent mistake.



226.4.  If, upon inspection or investigation, the Labor Commissioner
determines that an employer is in violation of subdivision (a) of
Section 226, the Labor Commissioner may issue a citation to the
person in violation. The citation may be served personally or by
registered mail in accordance with subdivision (c) of Section 11505
of the Government Code. Each citation shall be in writing and shall
describe the nature of the violation, including reference to the
statutory provision alleged to have been violated.



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



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




226.7.  (a) No employer shall require any employee to work during
any meal or rest period mandated by an applicable order of the
Industrial Welfare Commission.
   (b) If an employer fails to provide an employee a meal period or
rest period in accordance with an applicable order of the Industrial
Welfare Commission, the employer shall pay the employee one
additional hour of pay at the employee's regular rate of compensation
for each work day that the meal or rest period is not provided.




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



227.  Whenever an employer has agreed with any employee to make
payments to a health or welfare fund, pension fund or vacation plan,
or other similar plan for the benefit of the employees, or a
negotiated industrial promotion fund, or has entered into a
collective bargaining agreement providing for these payments, it
shall be unlawful for that employer willfully or with intent to
defraud to fail to make the payments required by the terms of that
agreement. A violation of any provision of this section where the
amount the employer failed to pay into the fund or funds exceeds five
hundred dollars ($500) shall be punishable by imprisonment pursuant
to subdivision (h) of Section 1170 of the Penal Code, or in a county
jail for a period of not more than one year, by a fine of not more
than one thousand dollars ($1,000), or by both that imprisonment and
fine. All other violations shall be punishable as a misdemeanor.



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



227.5.  Whenever an employer has agreed with any employee to make
payments to a health or welfare fund, pension fund or vacation plan,
or such other plan for the benefit of the employee, or has entered
into a collective bargaining agreement providing for such payments,
the employer upon written request of the employee shall furnish such
employee annually a statement indicating whether or not such payments
have been made and for what periods.



228.  The payments under Section 227 of this code shall be deemed to
include payments to apprenticeship funds.
   This amendment is hereby declared to be merely a clarification of
the original intention of the Legislature and is not a substantive
change.



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



230.  (a) An employer may not discharge or in any manner
discriminate against an employee for taking time off to serve as
required by law on an inquest jury or trial jury, if the employee,
prior to taking the time off, gives reasonable notice to the employer
that he or she is required to serve.
   (b) An employer may not discharge or in any manner discriminate or
retaliate against an employee, including, but not limited to, an
employee who is a victim of a crime, for taking time off to appear in
court to comply with a subpoena or other court order as a witness in
any judicial proceeding.
   (c) An employer may not discharge or in any manner discriminate or
retaliate against an employee who is a victim of domestic violence
or a victim of sexual assault for taking time off from work to obtain
or attempt to obtain any relief, including, but not limited to, a
temporary restraining order, restraining order, or other injunctive
relief, to help ensure the health, safety, or welfare of the victim
or his or her child.
   (d) (1) As a condition of taking time off for a purpose set forth
in subdivision (c), the employee shall give the employer reasonable
advance notice of the employee's intention to take time off, unless
the advance notice is not feasible.
   (2) When an unscheduled absence occurs, the employer shall not
take any action against the employee if the employee, within a
reasonable time after the absence, provides a certification to the
employer. Certification shall be sufficient in the form of any of the
following:
   (A) A police report indicating that the employee was a victim of
domestic violence or sexual assault.
   (B) A court order protecting or separating the employee from the
perpetrator of an act of domestic violence or sexual assault, or
other evidence from the court or prosecuting attorney that the
employee has appeared in court.
   (C) Documentation from a medical professional, domestic violence
advocate or advocate for victims of sexual assault, health care
provider, or counselor that the employee was undergoing treatment for
physical or mental injuries or abuse resulting in victimization from
an act of domestic violence or sexual assault.
   (3) To the extent allowed by law, the employer shall maintain the
confidentiality of any employee requesting leave under subdivision
(c).
   (e) Any employee who is discharged, threatened with discharge,
demoted, suspended, or in any other manner discriminated or
retaliated against in the terms and conditions of employment by his
or her employer because the employee has taken time off for a purpose
set forth in subdivision (a), (b), or (c) shall be entitled to
reinstatement and reimbursement for lost wages and work benefits
caused by the acts of the employer. Any employer who willfully
refuses to rehire, promote, or otherwise restore an employee or
former employee who has been determined to be eligible for rehiring
or promotion by a grievance procedure or hearing authorized by law is
guilty of a misdemeanor.
   (f) (1) Any employee who is discharged, threatened with discharge,
demoted, suspended, or in any other manner discriminated or
retaliated against in the terms and conditions of employment by his
or her employer because the employee has exercised his or her rights
as set forth in subdivision (a), (b), or (c) may file a complaint
with the Division of Labor Standards Enforcement of the Department of
Industrial Relations pursuant to Section 98.7.
   (2) Notwithstanding any time limitation in Section 98.7, an
employee filing a complaint with the division based upon a violation
of subdivision (c) shall have one year from the date of occurrence of
the violation to file his or her complaint.
   (g) An employee may use vacation, personal leave, or compensatory
time off that is otherwise available to the employee under the
applicable terms of employment, unless otherwise provided by a
collective bargaining agreement, for time taken off for a purpose
specified in subdivision (a), (b), or (c). The entitlement of any
employee under this section shall not be diminished by any collective
bargaining agreement term or condition.
   (h) For purposes of this section:
   (1) "Domestic violence" means any of the types of abuse set forth
in Section 6211 of the Family Code, as amended.
   (2) "Sexual assault" means any of the crimes set forth in Section
261, 261.5, 262, 265, 266, 266a, 266b, 266c, 266g, 266j, 267, 269,
273.4, 285, 286, 288, 288a, 288.5, 289, or 311.4 of the Penal Code,
as amended.



230.1.  (a) In addition to the requirements and prohibitions imposed
on employees pursuant to Section 230, an employer with 25 or more
employees may not discharge or in any manner discriminate or
retaliate against an employee who is a victim of domestic violence or
a victim of sexual assault for taking time off from work to attend
to any of the following:
   (1) To seek medical attention for injuries caused by domestic
violence or sexual assault.
   (2) To obtain services from a domestic violence shelter, program,
or rape crisis center as a result of domestic violence or sexual
assault.
   (3) To obtain psychological counseling related to an experience of
domestic violence or sexual assault.
   (4) To participate in safety planning and take other actions to
increase safety from future domestic violence or sexual assault,
including temporary or permanent relocation.
   (b) (1) As a condition of taking time off for a purpose set forth
in subdivision (a), the employee shall give the employer reasonable
advance notice of the employee's intention to take time off, unless
the advance notice is not feasible.
   (2) When an unscheduled absence occurs, the employer may not take
any action against the employee if the employee, within a reasonable
time after the absence, provides a certification to the employer.
Certification shall be sufficient in the form of any of the
following:
   (A) A police report indicating that the employee was a victim of
domestic violence or sexual assault.
   (B) A court order protecting or separating the employee from the
perpetrator of an act of domestic violence or sexual assault, or
other evidence from the court or prosecuting attorney that the
employee appeared in court.
   (C) Documentation from a medical professional, domestic violence
advocate or advocate for victims of sexual assault, health care
provider, or counselor that the employee was undergoing treatment for
physical or mental injuries or abuse resulting in victimization from
an act of domestic violence or sexual assault.
   (3) To the extent allowed by law, employers shall maintain the
confidentiality of any employee requesting leave under subdivision
(a).
   (c) Any employee who is discharged, threatened with discharge,
demoted, suspended, or in any other manner discriminated or
retaliated against in the terms and conditions of employment by his
or her employer because the employee has taken time off for a purpose
set forth in subdivision (a) is entitled to reinstatement and
reimbursement for lost wages and work benefits caused by the acts of
the employer. Any employer who willfully refuses to rehire, promote,
or otherwise restore an employee or former employee who has been
determined to be eligible for rehiring or promotion by a grievance
procedure or hearing authorized by law is guilty of a misdemeanor.
   (d) (1) Any employee who is discharged, threatened with discharge,
demoted, suspended, or in any other manner discriminated or
retaliated against in the terms and conditions of employment by his
or her employer because the employee has exercised his or her rights
as set forth in subdivision (a) may file a complaint with the
Division of Labor Standards Enforcement of the Department of
Industrial Relations pursuant to Section 98.7.
   (2) Notwithstanding any time limitation in Section 98.7, an
employee filing a complaint with the division based upon a violation
of subdivision (a) has one year from the date of occurrence of the
violation to file his or her complaint.
   (e) An employee may use vacation, personal leave, or compensatory
time off that is otherwise available to the employee under the
applicable terms of employment, unless otherwise provided by a
collective bargaining agreement, for time taken off for a purpose
specified in subdivision (a). The entitlement of any employee under
this section may not be diminished by any collective bargaining
agreement term or condition.
   (f) This section does not create a right for an employee to take
unpaid leave that exceeds the unpaid leave time allowed under, or is
in addition to the unpaid leave time permitted by, the federal Family
and Medical Leave Act of 1993 (29 U.S.C. Sec. 2601 et seq.).
   (g) For purposes of this section:
   (1) "Domestic violence" means any of the types of abuse set forth
in Section 6211 of the Family Code, as amended.
   (2) "Sexual assault" means any of the crimes set forth in Section
261, 261.5, 262, 265, 266, 266a, 266b, 266c, 266g, 266j, 267, 269,
273.4, 285, 286, 288, 288a, 288.5, 289, or 311.4 of the Penal Code,
as amended.



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



230.3.  (a) No employer shall discharge or in any manner
discriminate against an employee for taking time off to perform
emergency duty as a volunteer firefighter, a reserve peace officer,
or emergency rescue personnel.
   (b) Any employee who is discharged, threatened with discharge,
demoted, suspended, or in any other manner discriminated against in
the terms and conditions of employment by his or her employer because
the employee has taken time off to perform emergency duty as a
volunteer firefighter, a reserve peace officer, or emergency rescue
personnel shall be entitled to reinstatement and reimbursement for
lost wages and work benefits caused by the acts of the employer. Any
employer who willfully refuses to rehire, promote, or otherwise
restore an employee or former employee who has been determined to be
eligible for rehiring or promotion by a grievance procedure,
arbitration, or hearing authorized by law, is guilty of a
misdemeanor.
   (c) Subdivisions (a) and (b) of this section shall not apply to
any public safety agency or provider of emergency medical services
when, as determined by the employer, the employee's absence would
hinder the availability of public safety or emergency medical
services.
   (d) (1) For purposes of this section, "volunteer firefighter"
shall have the same meaning as the term "volunteer" in subdivision
(m) of Section 50952 of the Government Code.
   (2) For purposes of this section, "emergency rescue personnel"
means any person who is an officer, employee, or member of a fire
department or fire protection or firefighting agency of the federal
government, the State of California, a city, county, city and county,
district, or other public or municipal corporation or political
subdivision of this state, or of a sheriff's department, police
department, or a private fire department, whether that person is a
volunteer or partly paid or fully paid, while he or she is actually
engaged in providing emergency services as defined by subdivision (e)
of Section 1799.107 of the Health and Safety Code.



230.4.  (a) An employee who is a volunteer firefighter, and works
for an employer employing 50 or more employees, shall be permitted to
take temporary leaves of absence, not to exceed an aggregate of 14
days per calendar year, for the purpose of engaging in fire or law
enforcement training.
   (b) An employee who works for an employer employing 50 or more
employees who is discharged, threatened with discharge, demoted,
suspended, or in any other manner discriminated against in the terms
and conditions of employment by his or her employer because the
employee has taken time off to engage in fire or law enforcement
training as provided in subdivision (a), is entitled to reinstatement
and reimbursement for lost wages and work benefits caused by the
acts of the employer.
   (c) An employee seeking reinstatement and reimbursement pursuant
to this section may file a complaint with the Division of Labor
Standards Enforcement in accordance with Section 98.7, and upon
receipt of such a complaint, the Labor Commissioner shall proceed as
provided in that section.




230.7.  (a) No employer shall discharge or in any manner
discriminate against an employee who is the parent or guardian of a
pupil for taking time off to appear in the school of a pupil pursuant
to a request made under Section 48900.1 of the Education Code, if
the employee, prior to taking the time off, gives reasonable notice
to the employer that he or she is requested to appear in the school.
   (b) Any employee who is discharged, threatened with discharge,
demoted, suspended, or in any other manner discriminated against in
the terms and conditions of employment by his or her employer because
the employee has taken time off to appear in the school of a pupil
pursuant to a request made under Section 48900.1 of the Education
Code shall be entitled to reinstatement and reimbursement for lost
wages and work benefits caused by those acts of the employer.



230.8.  (a) (1) No employer who employs 25 or more employees working
at the same location shall discharge or in any way discriminate
against an employee who is a parent, guardian, or grandparent having
custody, of one or more children in kindergarten or grades 1 to 12,
inclusive, or attending a licensed child day care facility, for
taking off up to 40 hours each year, not exceeding eight hours in any
calendar month of the year, to participate in activities of the
school or licensed child day care facility of any of his or her
children, if the employee, prior to taking the time off, gives
reasonable notice to the employer of the planned absence of the
employee.
   (2) If both parents of a child are employed by the same employer
at the same worksite, the entitlement under paragraph (1) of a
planned absence as to that child applies, at any one time, only to
the parent who first gives notice to the employer, such that the
other parent may take a planned absence simultaneously as to that
same child under the conditions described in paragraph (1) only if he
or she obtains the employer's approval for the requested time off.
   (b) (1) The employee shall utilize existing vacation, personal
leave, or compensatory time off for purposes of the planned absence
authorized by this section, unless otherwise provided by a collective
bargaining agreement entered into before January 1, 1995, and in
effect on that date. An employee also may utilize time off without
pay for this purpose, to the extent made available by his or her
employer. The entitlement of any employee under this section shall
not be diminished by any collective bargaining agreement term or
condition that is agreed to on or after January 1, 1995.
   (2) Notwithstanding paragraph (1), in the event that all
permanent, full-time employees of an employer are accorded vacation
during the same period of time in the calendar year, an employee of
that employer may not utilize that accrued vacation benefit at any
other time for purposes of the planned absence authorized by this
section.
   (c) The employee, if requested by the employer, shall provide
documentation from the school or licensed child day care facility as
proof that he or she participated in school or licensed child day
care facility activities on a specific date and at a particular time.
For purposes of this subdivision, "documentation" means whatever
written verification of parental participation the school or licensed
child day care facility deems appropriate and reasonable.
   (d) Any employee who is discharged, threatened with discharge,
demoted, suspended, or in any other manner discriminated against in
terms and conditions of employment by his or her employer because the
employee has taken time off to participate in school or licensed
child day care facility activities as described in this section shall
be entitled to reinstatement and reimbursement for lost wages and
work benefits caused by the acts of the employer. Any employer who
willfully refuses to rehire, promote, or otherwise restore an
employee or former employee who has been determined to be eligible
for rehiring or promotion by a grievance procedure, arbitration, or
hearing authorized by law shall be subject to a civil penalty in an
amount equal to three times the amount of the employee's lost wages
and work benefits.


231.  Any employer who requires, as a condition of employment, that
an employee have a driver's license shall pay the cost of any
physical examination of the employee which may be required for
issuance of such license, except where the physical examination was
taken prior to the time the employee applied for such employment with
the employer.



232.  No employer may do any of the following:
   (a) Require, as a condition of employment, that an employee
refrain from disclosing the amount of his or her wages.
   (b) Require an employee to sign a waiver or other document that
purports to deny the employee the right to disclose the amount of his
or her wages.
   (c) Discharge, formally discipline, or otherwise discriminate
against an employee who discloses the amount of his or her wages.



232.5.  No employer may do any of the following:
   (a) Require, as a condition of employment, that an employee
refrain from disclosing information about the employer's working
conditions.
   (b) Require an employee to sign a waiver or other document that
purports to deny the employee the right to disclose information about
the employer's working conditions.
   (c) Discharge, formally discipline, or otherwise discriminate
against an employee who discloses information about the employer's
working conditions.
   (d) This section is not intended to permit an employee to disclose
proprietary information, trade secret information, or information
that is otherwise subject to a legal privilege without the consent of
his or her employer.



233.  (a) Any employer who provides sick leave for employees shall
permit an employee to use in any calendar year the employee's accrued
and available sick leave entitlement, in an amount not less than the
sick leave that would be accrued during six months at the employee's
then current rate of entitlement, to attend to an illness of a
child, parent, spouse, or domestic partner of the employee. All
conditions and restrictions placed by the employer upon the use by an
employee of sick leave also shall apply to the use by an employee of
sick leave to attend to an illness of his or her child, parent,
spouse, or domestic partner. This section does not extend the maximum
period of leave to which an employee is entitled under Section
12945.2 of the Government Code or under the federal Family and
Medical Leave Act of 1993 (29 U.S.C. Sec. 2606 et seq.), regardless
of whether the employee receives sick leave compensation during that
leave.
   (b) As used in this section:
   (1) "Child" means a biological, foster, or adopted child, a
stepchild, a legal ward, a child of a domestic partner, or a child of
a person standing in loco parentis.
   (2) "Employer" means any person employing another under any
appointment or contract of hire and includes the state, political
subdivisions of the state, and municipalities.
   (3) "Parent" means a biological, foster, or adoptive parent, a
stepparent, or a legal guardian.
   (4) "Sick leave" means accrued increments of compensated leave
provided by an employer to an employee as a benefit of the employment
for use by the employee during an absence from the employment for
any of the following reasons:
   (A) The employee is physically or mentally unable to perform his
or her duties due to illness, injury, or a medical condition of the
employee.
   (B) The absence is for the purpose of obtaining professional
diagnosis or treatment for a medical condition of the employee.
   (C) The absence is for other medical reasons of the employee, such
as pregnancy or obtaining a physical examination.
   "Sick leave" does not include any benefit provided under an
employee welfare benefit plan subject to the federal Employee
Retirement Income Security Act of 1974 (Public Law 93-406, as
amended) and does not include any insurance benefit, workers'
compensation benefit, unemployment compensation disability benefit,
or benefit not payable from the employer's general assets.
   (c) No employer shall deny an employee the right to use sick leave
or discharge, threaten to discharge, demote, suspend, or in any
manner discriminate against an employee for using, or attempting to
exercise the right to use, sick leave to attend to an illness of a
child, parent, spouse, or domestic partner of the employee.
   (d) Any employee aggrieved by a violation of this section shall be
entitled to reinstatement and actual damages or one day's pay,
whichever is greater, and to appropriate equitable relief.
   (e) Upon the filing of a complaint by an employee, the Labor
Commissioner shall enforce the provisions of this section in
accordance with the provisions of Chapter 4 (commencing with Section
79) of Division 1, including, but not limited to, Sections 92, 96.7,
98, and 98.1 to 98.8, inclusive. Alternatively, an employee may bring
a civil action for the remedies provided by this section in a court
of competent jurisdiction. If the employee prevails, the court may
award reasonable attorney's fees.
   (f) The rights and remedies specified in this section are
cumulative and nonexclusive and are in addition to any other rights
or remedies afforded by contract or under other provisions of law.



234.  An employer absence control policy that counts sick leave
taken pursuant to Section 233 as an absence that may lead to or
result in discipline, discharge, demotion, or suspension is a per se
violation of Section 233. An employee working under this policy is
entitled to appropriate legal and equitable relief pursuant to
Section 233.



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



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

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250.  As used in this article "seasonal labor" means all labor
performed by any person hired in this State to perform services
outside of this State for a period greater than one month, where the
wages are to be paid in this State, not at fixed intervals, but at
the termination of such employment.



251.  This article shall not apply to wages earned by seamen or
other persons, where payment is regulated by Federal statute.



252.  Upon application of either the employer or the employee, the
wages earned in seasonal labor shall be paid in the presence of the
Labor Commissioner, or his deputy or agent.



253.  The Labor Commissioner shall hear and decide all wage disputes
arising in connection with seasonal labor and shall allow or reject
any deductions made from such wages. He shall reject all deductions
made for gambling and liquor debts incurred by the employee during
such employment.


254.  After a final hearing by the Labor Commissioner, he shall file
in the office of his division a copy of the findings of fact and his
award.


255.  The amount of the award of the Labor Commissioner shall, in
the absence of fraud, be conclusively presumed to be the amount of
the wages due and unpaid to the employee at the time of the
termination of the employment but shall be subject to review by the
courts in the manner provided by the Code of Civil Procedure.




256.  The Labor Commissioner shall impose a civil penalty in an
amount not exceeding 30 days pay as waiting time under the terms of
Section 203.


257.  All provisions of Article 1 of this chapter, except sections
204, 205, 207, 208, 209, 210, 211 and 215 are applicable to this
article.

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300.  (a) As used in this section, the phrase "assignment of wages"
includes the sale or assignment of, or giving of an order for, wages
or salary but does not include an order or assignment made pursuant
to Chapter 8 (commencing with Section 5200) of Part 5 of Division 9
of the Family Code or Section 3088 of the Probate Code.
   (b) No assignment of wages, earned or to be earned, is valid
unless all of the following conditions are satisfied:
   (1) The assignment is contained in a separate written instrument,
signed by the person by whom the wages or salary have been earned or
are to be earned, and identifying specifically the transaction to
which the assignment relates.
   (2) Where the assignment is made by a married person, the written
consent of the spouse of the person making the assignment is attached
to the assignment. No such consent is required of any married person
(A) after entry of a judgment decreeing a legal separation from such
person's spouse or (B) if the married person and the spouse of the
married person are living separate and apart after entry of an
interlocutory judgment of dissolution of their marriage, if a written
statement by the person making the assignment, setting forth such
facts, is attached to or included in the assignment.
   (3) Where the assignment is made by a minor, the written consent
of a parent or guardian of the minor is attached to the assignment.
   (4) Where the assignment is made by a person who is unmarried or
who is an adult or who is both unmarried and an adult, a written
statement by the person making the assignment, setting forth such
facts, is attached to or included in the assignment.
   (5) No other assignment exists in connection with the same
transaction or series of transactions and a written statement by the
person making the assignment to that effect is attached to or
included in the assignment.
   (6) A copy of the assignment and of the written statement provided
for in paragraphs (2), (4), and (5), authenticated by a notary
public, is filed with the employer, accompanied by an itemized
statement of the amount then due to the assignee.
   (7) At the time the assignment is filed with the employer, no
other assignment of wages of the employee is subject to payment and
no earnings withholding order against the employee's wages or salary
is in force.
   (c) Under any assignment of wages, a sum not to exceed 50 per
centum of the assignor's wages or salary shall be withheld by, and be
collectible from, the assignor's employer at the time of each
payment of such wages or salary.
   (d) The employer is entitled to rely upon the statements of fact
in the written statement provided for in paragraphs (2), (4), and (5)
of subdivision (b), without the necessity of inquiring into the
truth thereof, and the employer shall incur no liability whatsoever
by reason of any payments made by the employer to an assignee under
any assignment in reliance upon the facts so stated.
   (e) An assignment of wages to be earned is revocable at any time
by the maker thereof. Any power of attorney to assign or collect
wages or salary is revocable at any time by the maker thereof. No
revocation of such an assignment or power of attorney is effective as
to the employer until the employer receives written notice of
revocation from the maker.
   (f) No assignment of wages, earned or to be earned, is valid under
any circumstances if the wages or salary earned or to be earned are
paid under a plan for payment at a central place or places
established under the provisions of Section 204a.
   (g) This section does not apply to deductions which the employer
may be requested by the employee to make for the payment of life,
retirement, disability or unemployment insurance premiums, for the
payment of taxes owing from the employee, for contribution to funds,
plans or systems providing for death, retirement, disability,
unemployment, or other benefits, for the payment for goods or
services furnished by the employer to the employee or the employee's
family at the request of the employee, or for charitable,
educational, patriotic or similar purposes.
   (h) No assignment of wages is valid unless at the time of the
making thereof, such wages or salary have been earned, except for
necessities of life and then only to the person or persons furnishing
such necessities of life directly and then only for the amount
needed to furnish such necessities.

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350.  As used in this article, unless the context indicates
otherwise:
   (a) "Employer" means every person engaged in any business or
enterprise in this state that has one or more persons in service
under any appointment, contract of hire, or apprenticeship, express
or implied, oral or written, irrespective of whether the person is
the owner of the business or is operating on a concessionaire or
other basis.
   (b) "Employee" means every person, including aliens and minors,
rendering actual service in any business for an employer, whether
gratuitously or for wages or pay, whether the wages or pay are
measured by the standard of time, piece, task, commission, or other
method of calculation, and whether the service is rendered on a
commission, concessionaire, or other basis.
   (c) "Employing" includes hiring, or in any way contracting for,
the services of an employee.
   (d) "Agent" means every person other than the employer having the
authority to hire or discharge any employee or supervise, direct, or
control the acts of employees.
   (e) "Gratuity" includes any tip, gratuity, money, or part thereof
that has been paid or given to or left for an employee by a patron of
a business over and above the actual amount due the business for
services rendered or for goods, food, drink, or articles sold or
served to the patron. Any amounts paid directly by a patron to a
dancer employed by an employer subject to Industrial Welfare
Commission Order No. 5 or 10 shall be deemed a gratuity.
   (f) "Business" means any business establishment or enterprise,
regardless of where conducted.


351.  No employer or agent shall collect, take, or receive any
gratuity or a part thereof that is paid, given to, or left for an
employee by a patron, or deduct any amount from wages due an employee
on account of a gratuity, or require an employee to credit the
amount, or any part thereof, of a gratuity against and as a part of
the wages due the employee from the employer. Every gratuity is
hereby declared to be the sole property of the employee or employees
to whom it was paid, given, or left for. An employer that permits
patrons to pay gratuities by credit card shall pay the employees the
full amount of the gratuity that the patron indicated on the credit
card slip, without any deductions for any credit card payment
processing fees or costs that may be charged to the employer by the
credit card company. Payment of gratuities made by patrons using
credit cards shall be made to the employees not later than the next
regular payday following the date the patron authorized the credit
card payment.


353.  Every employer shall keep accurate records of all gratuities
received by him, whether received directly from the employee or
indirectly by means of deductions from the wages of the employee or
otherwise. Such records shall be open to inspection at all reasonable
hours by the department.



354.  Any employer who violates any provision of this article is
guilty of a misdemeanor, punishable by a fine not exceeding one
thousand dollars ($1,000) or by imprisonment for not exceeding 60
days, or both.


355.  The Department of Industrial Relations shall enforce the
provisions of this article. All fines collected under this article
shall be paid into the State treasury and credited to the general
fund.


356.  The Legislature expressly declares that the purpose of this
article is to prevent fraud upon the public in connection with the
practice of tipping and declares that this article is passed for a
public reason and can not be contravened by a private agreement. As a
part of the social public policy of this State, this article is
binding upon all departments of the State.

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400.  As used in this article, "applicant" means an applicant for
employment.


401.  If a bond or photograph of an employee or applicant is
required by any employer, the cost thereof shall be paid by the
employer.


402.  No employer shall demand, exact, or accept any cash bond from
any employee or applicant unless:
   (a) The employee or applicant is entrusted with property of an
equivalent value, or
   (b) The employer advances regularly to the employee goods, wares,
or merchandise to be delivered or sold by the employee, and for which
the employer is reimbursed by the employee at regular periodic
intervals, and the employer limits the cash bond to an amount
sufficient to cover the value of the goods, wares, or merchandise so
advanced during the period prior to the payment therefor.



403.  If cash is received as a bond it shall be deposited in a
savings account in a bank authorized to do business in this State,
and may be withdrawn only upon the joint signatures of the employer
and the employee or applicant.
   Cash put up as a bond shall be accompanied by an agreement in
writing made by the employer and employee or applicant, setting forth
the conditions under which the bond is given.



404.  Any money put up as a bond under Sections 401, 402 and 403:
   (a)  Is not subject to enforcement of a money judgment except in
an action between the employer and the employee or applicant, or
their successors or assigns.
   (b)  Shall be returned to the employee or applicant together with
accrued interest thereon, immediately upon the return of the money or
property entrusted to the employee or applicant and upon the
fulfillment of the agreement, subject only to the deduction necessary
to balance accounts between the employer and employee or applicant.




405.  Any property put up by any employee or applicant as a bond
shall not be used for any purpose other than liquidating accounts
between the employer and employee or for return to the employee or
applicant and shall be held in trust for this purpose and not mingled
with the property of the employer. No contract between the employer
and employee or applicant shall abrogate the provisions of this
section. Any employer or prospective employer, or agent or officer
thereof, who misappropriates any such property, mingles it with his
own, or uses it for any other purpose than that herein set forth is
guilty of theft and shall be punished in accordance with the
provisions of the Penal Code relating to theft.



406.  Any property put up by an employee, or applicant as a part of
the contract of employment, directly or indirectly, shall be deemed
to be put up as a bond and is subject to the provisions of this
article whether the property is put up on a note or as a loan or an
investment and regardless of the wording of the agreement under which
it is put up.



407.  Investments and the sale of stock or an interest in a business
in connection with the securing of a position are illegal as against
the public policy of the State and shall not be advertised or held
out in any way as a part of the consideration for any employment.



408.  Any person or agent or officer thereof, who violates any
provision of this article, except the provisions of Section 405, is
guilty of a misdemeanor, punishable by a fine of not less than fifty
dollars ($50) and not exceeding one thousand dollars ($1,000), or
imprisonment for not exceeding six months, or both.



409.  All fines imposed and collected under this article shall be
paid into the State treasury and credited to the general fund.



410.  The Labor Commissioner shall enforce this article.

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430.  As used in this article "applicant" means an applicant for
employment.


432.  If an employee or applicant signs any instrument relating to
the obtaining or holding of employment, he shall be given a copy of
the instrument upon request.



432.2.  (a) No employer shall demand or require any applicant for
employment or prospective employment or any employee to submit to or
take a polygraph, lie detector or similar test or examination as a
condition of employment or continued employment. The prohibition of
this section does not apply to the federal government or any agency
thereof or the state government or any agency or local subdivision
thereof, including, but not limited to, counties, cities and
counties, cities, districts, authorities, and agencies.
   (b) No employer shall request any person to take such a test, or
administer such a test, without first advising the person in writing
at the time the test is to be administered of the rights guaranteed
by this section.



432.5.  No employer, or agent, manager, superintendent, or officer
thereof, shall require any employee or applicant for employment to
agree, in writing, to any term or condition which is known by such
employer, or agent, manager, superintendent, or officer thereof to be
prohibited by law.



432.7.  (a) No employer, whether a public agency or private
individual or corporation, shall ask an applicant for employment to
disclose, through any written form or verbally, information
concerning an arrest or detention that did not result in conviction,
or information concerning a referral to, and participation in, any
pretrial or posttrial diversion program, nor shall any employer seek
from any source whatsoever, or utilize, as a factor in determining
any condition of employment including hiring, promotion, termination,
or any apprenticeship training program or any other training program
leading to employment, any record of arrest or detention that did
not result in conviction, or any record regarding a referral to, and
participation in, any pretrial or posttrial diversion program. As
used in this section, a conviction shall include a plea, verdict, or
finding of guilt regardless of whether sentence is imposed by the
court. Nothing in this section shall prevent an employer from asking
an employee or applicant for employment about an arrest for which the
employee or applicant is out on bail or on his or her own
recognizance pending trial.
   (b) Nothing in this section shall prohibit the disclosure of the
information authorized for release under Sections 13203 and 13300 of
the Penal Code, to a government agency employing a peace officer.
However, the employer shall not determine any condition of employment
other than paid administrative leave based solely on an arrest
report. The information contained in an arrest report may be used as
the starting point for an independent, internal investigation of a
peace officer in accordance with Chapter 9.7 (commencing with Section
3300) of Division 4 of Title 1 of the Government Code.
   (c) In any case where a person violates this section, or Article 6
(commencing with Section 11140) of Chapter 1 of Title 1 of Part 4 of
the Penal Code, the applicant may bring an action to recover from
that person actual damages or two hundred dollars ($200), whichever
is greater, plus costs, and reasonable attorney's fees. An
intentional violation of this section shall entitle the applicant to
treble actual damages, or five hundred dollars ($500), whichever is
greater, plus costs, and reasonable attorney's fees. An intentional
violation of this section is a misdemeanor punishable by a fine not
to exceed five hundred dollars ($500).
   (d) The remedies under this section shall be in addition to and
not in derogation of all other rights and remedies that an applicant
may have under any other law.
   (e) Persons seeking employment or persons already employed as
peace officers or persons seeking employment for positions in the
Department of Justice or other criminal justice agencies as defined
in Section 13101 of the Penal Code are not covered by this section.
   (f) Nothing in this section shall prohibit an employer at a health
facility, as defined in Section 1250 of the Health and Safety Code,
from asking an applicant for employment either of the following:
   (1) With regard to an applicant for a position with regular access
to patients, to disclose an arrest under any section specified in
Section 290 of the Penal Code.
   (2) With regard to an applicant for a position with access to
drugs and medication, to disclose an arrest under any section
specified in Section 11590 of the Health and Safety Code.
   (g) (1) No peace officer or employee of a law enforcement agency
with access to criminal offender record information maintained by a
local law enforcement criminal justice agency shall knowingly
disclose, with intent to affect a person's employment, any
information contained therein pertaining to an arrest or detention or
proceeding that did not result in a conviction, including
information pertaining to a referral to, and participation in, any
pretrial or posttrial diversion program, to any person not authorized
by law to receive that information.
   (2) No other person authorized by law to receive criminal offender
record information maintained by a local law enforcement criminal
justice agency shall knowingly disclose any information received
therefrom pertaining to an arrest or detention or proceeding that did
not result in a conviction, including information pertaining to a
referral to, and participation in, any pretrial or posttrial
diversion program, to any person not authorized by law to receive
that information.
   (3) No person, except those specifically referred to in Section
1070 of the Evidence Code, who knowing he or she is not authorized by
law to receive or possess criminal justice records information
maintained by a local law enforcement criminal justice agency,
pertaining to an arrest or other proceeding that did not result in a
conviction, including information pertaining to a referral to, and
participation in, any pretrial or posttrial diversion program, shall
receive or possess that information.
   (h) "A person authorized by law to receive that information," for
purposes of this section, means any person or public agency
authorized by a court, statute, or decisional law to receive
information contained in criminal offender records maintained by a
local law enforcement criminal justice agency, and includes, but is
not limited to, those persons set forth in Section 11105 of the Penal
Code, and any person employed by a law enforcement criminal justice
agency who is required by that employment to receive, analyze, or
process criminal offender record information.
   (i) Nothing in this section shall require the Department of
Justice to remove entries relating to an arrest or detention not
resulting in conviction from summary criminal history records
forwarded to an employer pursuant to law.
   (j) As used in this section, "pretrial or posttrial diversion
program" means any program under Chapter 2.5 (commencing with Section
1000) or Chapter 2.7 (commencing with Section 1001) of Title 6 of
Part 2 of the Penal Code, Section 13201 or 13352.5 of the Vehicle
Code, or any other program expressly authorized and described by
statute as a diversion program.
   (k) (1) Subdivision (a) shall not apply to any city, city and
county, county, or district, or any officer or official thereof, in
screening a prospective concessionaire, or the affiliates and
associates of a prospective concessionaire for purposes of consenting
to, or approving of, the prospective concessionaire's application
for, or acquisition of, any beneficial interest in a concession,
lease, or other property interest.
   (2) For purposes of this subdivision the following terms have the
following meanings:
   (A) "Screening" means a written request for criminal history
information made to a local law enforcement agency.
   (B) "Prospective concessionaire" means any individual, general or
limited partnership, corporation, trust, association, or other entity
that is applying for, or seeking to obtain, a public agency's
consent to, or approval of, the acquisition by that individual or
entity of any beneficial ownership interest in any public agency's
concession, lease, or other property right whether directly or
indirectly held. However, "prospective concessionaire" does not
include any of the following:
   (i) A lender acquiring an interest solely as security for a bona
fide loan made in the ordinary course of the lender's business and
not made for the purpose of acquisition.
   (ii) A lender upon foreclosure or assignment in lieu of
foreclosure of the lender's security.
   (C) "Affiliate" means any individual or entity that controls, or
is controlled by, the prospective concessionaire, or who is under
common control with the prospective concessionaire.
   (D) "Associate" means any individual or entity that shares a
common business purpose with the prospective concessionaire with
respect to the beneficial ownership interest that is subject to the
consent or approval of the city, county, city and county, or
district.
   (E) "Control" means the possession, direct or indirect, of the
power to direct, or cause the direction of, the management or
policies of the controlled individual or entity.
   (l) (1) Nothing in subdivision (a) shall prohibit a public agency,
or any officer or official thereof, from denying consent to, or
approval of, a prospective concessionaire's application for, or
acquisition of, any beneficial interest in a concession, lease, or
other property interest based on the criminal history information of
the prospective concessionaire or the affiliates or associates of the
prospective concessionaire that show any criminal conviction for
offenses involving moral turpitude. Criminal history information for
purposes of this subdivision includes any criminal history
information obtained pursuant to Section 11105 or 13300 of the Penal
Code.
   (2) In considering criminal history information, a public agency
shall consider the crime for which the prospective concessionaire or
the affiliates or associates of the prospective concessionaire was
convicted only if that crime relates to the specific business that is
proposed to be conducted by the prospective concessionaire.
   (3) Any prospective concessionaire whose application for consent
or approval to acquire a beneficial interest in a concession, lease,
or other property interest is denied based on criminal history
information shall be provided a written statement of the reason for
the denial.
   (4) (A) If the prospective concessionaire submits a written
request to the public agency within 10 days of the date of the notice
of denial, the public agency shall review its decision with regard
to any corrected record or other evidence presented by the
prospective concessionaire as to the accuracy or incompleteness of
the criminal history information utilized by the public agency in
making its original decision.
   (B) The prospective concessionaire shall submit the copy or the
corrected record of any other evidence to the public agency within 90
days of a request for review. The public agency shall render its
decision within 20 days of the submission of evidence by the
prospective concessionaire.



432.8.  The limitations on employers and the penalties provided for
in Section 432.7 shall apply to a conviction for violation of
subdivision (b) or (c) of Section 11357 of the Health and Safety Code
or a statutory predecessor thereof, or subdivision (c) of Section
11360 of the Health and Safety Code, or Section 11364, 11365, or
11550 of the Health and Safety Code as they related to marijuana
prior to January 1, 1976, or a statutory predecessor thereof, two
years from the date of such a conviction.



433.  Any person violating this article is guilty of a misdemeanor.



434.  The provisions of this article shall not apply to applications
for employment filed with common carriers by railroad subject to the
act of Congress known as the Railway Labor Act.



435.  (a) No employer may cause an audio or video recording to be
made of an employee in a restroom, locker room, or room designated by
an employer for changing clothes, unless authorized by court order.
   (b) No recording made in violation of this section may be used by
an employer for any purpose. This section applies to a private or
public employer, except the federal government.
   (c) A violation of this section constitutes an infraction.

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450.  (a) No employer, or agent or officer thereof, or other person,
may compel or coerce any employee, or applicant for employment, to
patronize his or her employer, or any other person, in the purchase
of any thing of value.
   (b) For purposes of this section, to compel or coerce the purchase
of any thing of value includes, but is not limited to, instances
where an employer requires the payment of a fee or consideration of
any type from an applicant for employment for any of the following
purposes:
   (1) For an individual to apply for employment orally or in
writing.
   (2) For an individual to receive, obtain, complete, or submit an
application for employment.
   (3) For an employer to provide, accept, or process an application
for employment.



451.  Any person, or agent or officer thereof, who violates this
article is guilty of a misdemeanor.



452.  Nothing in this article shall prohibit an employer from
prescribing the weight, color, quality, texture, style, form and make
of uniforms required to be worn by his employees.

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500.  For purposes of this chapter, the following terms shall have
the following meanings:
   (a) "Workday" and "day" mean any consecutive 24-hour period
commencing at the same time each calendar day.
   (b) "Workweek" and "week" mean any seven consecutive days,
starting with the same calendar day each week. "Workweek" is a fixed
and regularly recurring period of 168 hours, seven consecutive
24-hour periods.
   (c) "Alternative workweek schedule" means any regularly scheduled
workweek requiring an employee to work more than eight hours in a
24-hour period.



510.  (a) Eight hours of labor constitutes a day's work. Any work in
excess of eight hours in one workday and any work in excess of 40
hours in any one workweek and the first eight hours worked on the
seventh day of work in any one workweek shall be compensated at the
rate of no less than one and one-half times the regular rate of pay
for an employee. Any work in excess of 12 hours in one day shall be
compensated at the rate of no less than twice the regular rate of pay
for an employee. In addition, any work in excess of eight hours on
any seventh day of a workweek shall be compensated at the rate of no
less than twice the regular rate of pay of an employee. Nothing in
this section requires an employer to combine more than one rate of
overtime compensation in order to calculate the amount to be paid to
an employee for any hour of overtime work. The requirements of this
section do not apply to the payment of overtime compensation to an
employee working pursuant to any of the following:
   (1) An alternative workweek schedule adopted pursuant to Section
511.
   (2) An alternative workweek schedule adopted pursuant to a
collective bargaining agreement pursuant to Section 514.
   (3) An alternative workweek schedule to which this chapter is
inapplicable pursuant to Section 554.
   (b) Time spent commuting to and from the first place at which an
employee's presence is required by the employer shall not be
considered to be a part of a day's work, when the employee commutes
in a vehicle that is owned, leased, or subsidized by the employer and
is used for the purpose of ridesharing, as defined in Section 522 of
the Vehicle Code.
   (c) This section does not affect, change, or limit an employer's
liability under the workers' compensation law.




511.  (a) Upon the proposal of an employer, the employees of an
employer may adopt a regularly scheduled alternative workweek that
authorizes work by the affected employees for no longer than 10 hours
per day within a 40-hour workweek without the payment to the
affected employees of an overtime rate of compensation pursuant to
this section. A proposal to adopt an alternative workweek schedule
shall be deemed adopted only if it receives approval in a secret
ballot election by at least two-thirds of affected employees in a
readily identifiable work unit. The regularly scheduled alternative
workweek proposed by an employer for adoption by employees may be a
single work schedule that would become the standard schedule for
workers in the work unit, or a menu of work schedule options, from
which each employee in the unit would be entitled to choose.
Notwithstanding subdivision (c) of Section 500, the menu of work
schedule options may include a regular schedule of eight-hour days
that are compensated in accordance with subdivision (a) of Section
510. Employees who adopt a menu of work schedule options may, with
employer consent, move from one schedule option to another on a
weekly basis.
   (b) An affected employee working longer than eight hours but not
more than 12 hours in a day pursuant to an alternative workweek
schedule adopted pursuant to this section shall be paid an overtime
rate of compensation of no less than one and one-half times the
regular rate of pay of the employee for any work in excess of the
regularly scheduled hours established by the alternative workweek
agreement and for any work in excess of 40 hours per week. An
overtime rate of compensation of no less than double the regular rate
of pay of the employee shall be paid for any work in excess of 12
hours per day and for any work in excess of eight hours on those days
worked beyond the regularly scheduled workdays established by the
alternative workweek agreement. Nothing in this section requires an
employer to combine more than one rate of overtime compensation in
order to calculate the amount to be paid to an employee for any hour
of overtime work.
   (c) An employer shall not reduce an employee's regular rate of
hourly pay as a result of the adoption, repeal, or nullification of
an alternative workweek schedule.
   (d) An employer shall make a reasonable effort to find a work
schedule not to exceed eight hours in a workday, in order to
accommodate any affected employee who was eligible to vote in an
election authorized by this section and who is unable to work the
alternative schedule hours established as the result of that
election. An employer shall be permitted to provide a work schedule
not to exceed eight hours in a workday to accommodate any employee
who was hired after the date of the election and who is unable to
work the alternative schedule established as the result of that
election. An employer shall explore any available reasonable
alternative means of accommodating the religious belief or observance
of an affected employee that conflicts with an adopted alternative
workweek schedule, in the manner provided by subdivision (j) of
Section 12940 of the Government Code.
   (e) The results of any election conducted pursuant to this section
shall be reported by an employer to the Division of Labor Standards
Enforcement within 30 days after the results are final.
   (f) Any type of alternative workweek schedule that is authorized
by this code and that was in effect on January 1, 2000, may be
repealed by the affected employees pursuant to this section. Any
alternative workweek schedule that was adopted pursuant to Wage Order
Number 1, 4, 5, 7, or 9 of the Industrial Welfare Commission is null
and void, except for an alternative workweek providing for a regular
schedule of no more than 10 hours' work in a workday that was
adopted by a two-thirds vote of affected employees in a secret ballot
election pursuant to wage orders of the Industrial Welfare
Commission in effect prior to 1998. This subdivision does not apply
to exemptions authorized pursuant to Section 515.
   (g) Notwithstanding subdivision (f), an alternative workweek
schedule in the health care industry adopted by a two-thirds vote of
affected employees in a secret ballot election pursuant to Wage Order
Numbers 4 and 5 in effect prior to 1998 that provided for workdays
exceeding 10 hours but not exceeding 12 hours in a day without the
payment of overtime compensation shall be valid until July 1, 2000.
An employer in the health care industry shall make a reasonable
effort to accommodate any employee in the health care industry who is
unable to work the alternative schedule established as the result of
a valid election held in accordance with provisions of Wage Order
Number 4 or 5 that were in effect prior to 1998.
   (h) Notwithstanding subdivision (f), if an employee is voluntarily
working an alternative workweek schedule providing for a regular
work schedule of not more than 10 hours' work in a workday as of July
1, 1999, an employee may continue to work that alternative workweek
schedule without the entitlement of the payment of daily overtime
compensation for the hours provided in that schedule if the employer
approves a written request of the employee to work that schedule.
   (i) For purposes of this section, "work unit" includes a division,
a department, a job classification, a shift, a separate physical
location, or a recognized subdivision thereof. A work unit may
consist of an individual employee as long as the criteria for an
identifiable work unit in this section is met.



512.  (a) An employer may not employ an employee for a work period
of more than five hours per day without providing the employee with a
meal period of not less than 30 minutes, except that if the total
work period per day of the employee is no more than six hours, the
meal period may be waived by mutual consent of both the employer and
employee. An employer may not employ an employee for a work period of
more than 10 hours per day without providing the employee with a
second meal period of not less than 30 minutes, except that if the
total hours worked is no more than 12 hours, the second meal period
may be waived by mutual consent of the employer and the employee only
if the first meal period was not waived.
   (b) Notwithstanding subdivision (a), the Industrial Welfare
Commission may adopt a working condition order permitting a meal
period to commence after six hours of work if the commission
determines that the order is consistent with the health and welfare
of the affected employees.
   (c) Subdivision (a) does not apply to an employee in the wholesale
baking industry who is subject to an Industrial Welfare Commission
wage order and who is covered by a valid collective bargaining
agreement that provides for a 35-hour workweek consisting of five
7-hour days, payment of one and one-half times the regular rate of
pay for time worked in excess of seven hours per day, and a rest
period of not less than 10 minutes every two hours.
   (d) If an employee in the motion picture industry or the
broadcasting industry, as those industries are defined in Industrial
Welfare Commission Wage Order Numbers 11 and 12, is covered by a
valid collective bargaining agreement that provides for meal periods
and includes a monetary remedy if the employee does not receive a
meal period required by the agreement, then the terms, conditions,
and remedies of the agreement pertaining to meal periods apply in
lieu of the applicable provisions pertaining to meal periods of
subdivision (a) of this section, Section 226.7, and Industrial
Welfare Commission Wage Order Numbers 11 and 12.
   (e) Subdivisions (a) and (b) do not apply to an employee specified
in subdivision (f) if both of the following conditions are
satisfied:
   (1) The employee is covered by a valid collective bargaining
agreement.
   (2) The valid collective bargaining agreement expressly provides
for the wages, hours of work, and working conditions of employees,
and expressly provides for meal periods for those employees, final
and binding arbitration of disputes concerning application of its
meal period provisions, premium wage rates for all overtime hours
worked, and a regular hourly rate of pay of not less than 30 percent
more than the state minimum wage rate.
   (f) Subdivision (e) applies to each of the following employees:
   (1) An employee employed in a construction occupation.
   (2) An employee employed as a commercial driver.
   (3) An employee employed in the security services industry as a
security officer who is registered pursuant to Chapter 11.5
(commencing with Section 7580) of Division 3 of the Business and
Professions Code, and who is employed by a private patrol operator
registered pursuant to that chapter.
   (4) An employee employed by an electrical corporation, a gas
corporation, or a local publicly owned electric utility.
   (g) The following definitions apply for the purposes of this
section:
   (1) "Commercial driver" means an employee who operates a vehicle
described in Section 260 or 462 of, or subdivision (b) of Section
15210 of, the Vehicle Code.
   (2) "Construction occupation" means all job classifications
associated with construction by Article 2 (commencing with Section
7025) of Chapter 9 of Division 3 of the Business and Professions
Code, including work involving alteration, demolition, building,
excavation, renovation, remodeling, maintenance, improvement, and
repair, and any other similar or related occupation or trade.
   (3) "Electrical corporation" has the same meaning as provided in
Section 218 of the Public Utilities Code.
   (4) "Gas corporation" has the same meaning as provided in Section
222 of the Public Utilities Code.
   (5) "Local publicly owned electric utility" has the same meaning
as provided in Section 224.3 of the Public Utilities Code.



512.5.  (a) Notwithstanding any provision of this chapter, if the
Industrial Welfare Commission adopts or amends an order that applies
to an employee of a public agency who operates a commercial motor
vehicle, it may exempt that employee from the application of the
provisions of that order which relate to meal periods or rest
periods, consistent with the health and welfare of that employee, if
he or she is covered by a valid collective bargaining agreement.
   (b) "Commercial motor vehicle" for the purposes of this section
has the same meaning as provided in subdivision (b) of Section 15210
of the Vehicle Code.
   (c) "Public agency" for the purposes of this section means the
state and any political subdivision of the state, including any city,
county, city and county, or special district.




513.  If an employer approves a written request of an employee to
make up work time that is or would be lost as a result of a personal
obligation of the employee, the hours of that makeup work time, if
performed in the same workweek in which the work time was lost, may
not be counted towards computing the total number of hours worked in
a day for purposes of the overtime requirements specified in Section
510 or 511, except for hours in excess of 11 hours of work in one day
or 40 hours in one workweek. An employee shall provide a signed
written request for each occasion that the employee makes a request
to make up work time pursuant to this section. An employer is
prohibited from encouraging or otherwise soliciting an employee to
request the employer's approval to take personal time off and make up
the work hours within the same week pursuant to this section.



514.  Sections 510 and 511 do not apply to an employee covered by a
valid collective bargaining agreement if the agreement expressly
provides for the wages, hours of work, and working conditions of the
employees, and if the agreement provides premium wage rates for all
overtime hours worked and a regular hourly rate of pay for those
employees of not less than 30 percent more than the state minimum
wage.



515.  (a) The Industrial Welfare Commission may establish exemptions
from the requirement that an overtime rate of compensation be paid
pursuant to Sections 510 and 511 for executive, administrative, and
professional employees, if the employee is primarily engaged in the
duties that meet the test of the exemption, customarily and regularly
exercises discretion and independent judgment in performing those
duties, and earns a monthly salary equivalent to no less than two
times the state minimum wage for full-time employment. The commission
shall conduct a review of the duties that meet the test of the
exemption. The commission may, based upon this review, convene a
public hearing to adopt or modify regulations at that hearing
pertaining to duties that meet the test of the exemption without
convening wage boards. Any hearing conducted pursuant to this
subdivision shall be concluded not later than July 1, 2000.
   (b) Except as otherwise provided in this section and in
subdivision (g) of Section 511, nothing in this section requires the
commission to alter an exemption from provisions regulating hours of
work that was contained in a valid wage order in effect in 1997.
Except as otherwise provided in this division, the commission may
review, retain, or eliminate an exemption from provisions regulating
hours of work that was contained in a valid wage order in effect in
1997.
   (c) For the purposes of subdivision (a), "full-time employment"
means employment in which an employee is employed for 40 hours per
week.
   (d) (1) For the purpose of computing the overtime rate of
compensation required to be paid to a nonexempt full-time salaried
employee, the employee's regular hourly rate shall be 1/40th of the
employee's weekly salary.
   (2) Payment of a fixed salary to a nonexempt employee shall be
deemed to provide compensation only for the employee's regular,
nonovertime hours, notwithstanding any private agreement to the
contrary.
   (e) For the purposes of this section, "primarily" means more than
one-half of the employee's worktime.
   (f) (1) In addition to the requirements of subdivision (a), a
registered nurse employed to engage in the practice of nursing shall
not be exempted from coverage under the orders of the Industrial
Welfare Commission, unless he or she individually meets the criteria
for exemptions established for executive or administrative employees.
   (2) This subdivision does not apply to any of the following:
   (A) A certified nurse midwife who is primarily engaged in
performing duties for which certification is required pursuant to
Article 2.5 (commencing with Section 2746) of Chapter 6 of Division 2
of the Business and Professions Code.
   (B) A certified nurse anesthetist who is primarily engaged in
performing duties for which certification is required pursuant to
Article 7 (commencing with Section 2825) of Chapter 6 of Division 2
of the Business and Professions Code.
   (C) A certified nurse practitioner who is primarily engaged in
performing duties for which certification is required pursuant to
Article 8 (commencing with Section 2834) of Chapter 6 of Division 2
of the Business and Professions Code.
   (D) Nothing in this paragraph shall exempt the occupations set
forth in subparagraphs (A), (B), and (C) from meeting the
requirements of subdivision (a).



515.5.  (a) Except as provided in subdivision (b), an employee in
the computer software field shall be exempt from the requirement that
an overtime rate of compensation be paid pursuant to Section 510 if
all of the following apply:
   (1) The employee is primarily engaged in work that is intellectual
or creative and that requires the exercise of discretion and
independent judgment.
   (2) The employee is primarily engaged in duties that consist of
one or more of the following:
   (A) The application of systems analysis techniques and procedures,
including consulting with users, to determine hardware, software, or
system functional specifications.
   (B) The design, development, documentation, analysis, creation,
testing, or modification of computer systems or programs, including
prototypes, based on and related to user or system design
specifications.
   (C) The documentation, testing, creation, or modification of
computer programs related to the design of software or hardware for
computer operating systems.
   (3) The employee is highly skilled and is proficient in the
theoretical and practical application of highly specialized
information to computer systems analysis, programming, or software
engineering. A job title shall not be determinative of the
applicability of this exemption.
   (4) The employee's hourly rate of pay is not less than thirty-six
dollars ($36.00) or, if the employee is paid on a salaried basis, the
employee earns an annual salary of not less than seventy-five
thousand dollars ($75,000) for full-time employment, which is paid at
least once a month and in a monthly amount of not less than six
thousand two hundred fifty dollars ($6,250). The department shall
adjust both the hourly pay rate and the salary level described in
this paragraph on October 1 of each year to be effective on January 1
of the following year by an amount equal to the percentage increase
in the California Consumer Price Index for Urban Wage Earners and
Clerical Workers.
   (b) The exemption provided in subdivision (a) does not apply to an
employee if any of the following apply:
   (1) The employee is a trainee or employee in an entry-level
position who is learning to become proficient in the theoretical and
practical application of highly specialized information to computer
systems analysis, programming, and software engineering.
   (2) The employee is in a computer-related occupation but has not
attained the level of skill and expertise necessary to work
independently and without close supervision.
   (3) The employee is engaged in the operation of computers or in
the manufacture, repair, or maintenance of computer hardware and
related equipment.
   (4) The employee is an engineer, drafter, machinist, or other
professional whose work is highly dependent upon or facilitated by
the use of computers and computer software programs and who is
skilled in computer-aided design software, including CAD/CAM, but who
is not engaged in computer systems analysis, programming, or any
other similarly skilled computer-related occupation.
   (5) The employee is a writer engaged in writing material,
including box labels, product descriptions, documentation,
promotional material, setup and installation instructions, and other
similar written information, either for print or for onscreen media
or who writes or provides content material intended to be read by
customers, subscribers, or visitors to computer-related media such as
the World Wide Web or CD-ROMs.
   (6) The employee is engaged in any of the activities set forth in
subdivision (a) for the purpose of creating imagery for effects used
in the motion picture, television, or theatrical industry.




515.6.  (a) Section 510 shall not apply to any employee who is a
licensed physician or surgeon, who is primarily engaged in duties
that require licensure pursuant to Chapter 5 (commencing with Section
2000) of Division 2 of the Business and Professions Code, and whose
hourly rate of pay is equal to or greater than fifty-five dollars
($55.00). The department shall adjust this threshold rate of pay each
October 1, to be effective the following January 1, by an amount
equal to the percentage increase in the California Consumer Price
Index for Urban Wage Earners and Clerical Workers.
   (b) The exemption provided in subdivision (a) shall not apply to
an employee employed in a medical internship or resident program or
to a physician employee covered by a valid collective bargaining
agreement pursuant to Section 514.



515.8.  (a) Section 510 does not apply to an individual employed as
a teacher at a private elementary or secondary academic institution
in which pupils are enrolled in kindergarten or any of grades 1 to
12, inclusive.
   (b) For purposes of this section, "employed as a teacher" means
that the employee meets all of the following requirements:
   (1) The employee is primarily engaged in the duty of imparting
knowledge to pupils by teaching, instructing, or lecturing.
   (2) The employee customarily and regularly exercises discretion
and independent judgment in performing the duties of a teacher.
   (3) The employee earns a monthly salary equivalent to no less than
two times the state minimum wage for full-time employment.
   (4) The employee has attained at least one of the following levels
of professional advancement:
   (A) A baccalaureate or higher degree from an accredited
institution of higher education.
   (B) Current compliance with the requirements established by the
California Commission on Teacher Credentialing, or the equivalent
certification authority in another state, for obtaining a preliminary
or alternative teaching credential.
   (c) This section does not apply to any tutor, teaching assistant,
instructional aide, student teacher, day care provider, vocational
instructor, or other similar employee.
   (d) The exemption established in subdivision (a) is in addition
to, and does not limit or supersede, any exemption from overtime
established by a Wage Order of the Industrial Welfare Commission for
persons employed in a professional capacity, and does not affect any
exemption from overtime established by that commission pursuant to
subdivision (a) of Section 515 for persons employed in an executive
or administrative capacity.



516.  Except as provided in Section 512, the Industrial Welfare
Commission may adopt or amend working condition orders with respect
to break periods, meal periods, and days of rest for any workers in
California consistent with the health and welfare of those workers.




517.  (a) The Industrial Welfare Commission shall, at a public
hearing to be concluded by July 1, 2000, adopt wage, hours, and
working conditions orders consistent with this chapter without
convening wage boards, which orders shall be final and conclusive for
all purposes. These orders shall include regulations necessary to
provide assurances of fairness regarding the conduct of employee
workweek elections, procedures for employees to petition for and
obtain elections to repeal alternative workweek schedules, procedures
for implementation of those schedules, conditions under which an
adopted alternative workweek schedule can be repealed by the
employer, employee disclosures, designations of work, and processing
of workweek election petitions pursuant to Parts 2 and 4 of this
division and in any wage order of the commission and such other
regulations as may be needed to fulfill the duties of the commission
pursuant to this part.
   (b) Prior to July 1, 2000, the Industrial Welfare Commission shall
conduct a review of wages, hours, and working conditions in the ski
industry, commercial fishing industry, and health care industry, and
for stable employees in the horseracing industry. Notwithstanding
subdivision (a) and Sections 510 and 511, and consistent with its
duty to protect the health, safety, and welfare of workers pursuant
to Section 1173, the commission may, based upon this review, convene
a public hearing to adopt or modify regulations at that hearing
pertaining to the industries herein, without convening wage boards.
Any hearing conducted pursuant to this subdivision shall be concluded
not later than July 1, 2000.
   (c) Notwithstanding subdivision (a) of Section 515, prior to July
1, 2000, the commission shall conduct a review of wages, hours, and
working conditions of licensed pharmacists. The commission may, based
upon this review, convene a public hearing to adopt or modify
regulations at that hearing pertaining to licensed pharmacists
without convening wage boards. Any hearing conducted pursuant to this
subdivision shall be concluded not later than July 1, 2000.
   (d) Notwithstanding sections 1171 and subdivision (a) of Section
515, the Industrial Welfare Commission shall conduct a review of
wages, hours, and working conditions of outside salespersons. The
commission may, based upon this review, convene a public hearing to
adopt or modify regulations at that hearing pertaining to outside
salespersons without convening wage boards. Any hearing conducted
pursuant to this subdivision shall be concluded not later than July
1, 2000.
   (e) Nothing in this section is intended to restrict the Industrial
Welfare Commission in its continuing duties pursuant to Section
1173.
   (f) No action taken by the Industrial Welfare Commission pursuant
to this section is subject to the requirements of Article 5
(commencing with Section 11346) of Chapter 3.5 of Part 1 of Division
3 of Title 2 of the Government Code.
   (g) All wage orders and other regulations issued or adopted
pursuant to this section shall be published in accordance with
Section 1182.1.


550.  As used in this chapter "day's rest" applies to all situations
whether the employee is engaged by the day, week, month, or year,
and whether the work performed is done in the day or night time.



551.  Every person employed in any occupation of labor is entitled
to one day's rest therefrom in seven.



552.  No employer of labor shall cause his employees to work more
than six days in seven.



553.  Any person who violates this chapter is guilty of a
misdemeanor.


554.  (a) Sections 551 and 552 shall not apply to any cases of
emergency nor to work performed in the protection of life or property
from loss or destruction, nor to any common carrier engaged in or
connected with the movement of trains. This chapter, with the
exception of Section 558, shall not apply to any person employed in
an agricultural occupation, as defined in Order No. 14-80 (operative
January 1, 1998) of the Industrial Welfare Commission. Nothing in
this chapter shall be construed to prevent an accumulation of days of
rest when the nature of the employment reasonably requires that the
employee work seven or more consecutive days, if in each calendar
month the employee receives days of rest equivalent to one day's rest
in seven. The requirement respecting the equivalent of one day's
rest in seven shall apply, notwithstanding the other provisions of
this chapter relating to collective bargaining agreements, where the
employer and a labor organization representing employees of the
employer have entered into a valid collective bargaining agreement
respecting the hours of work of the employees, unless the agreement
expressly provides otherwise.
   (b) In addition to the exceptions specified in subdivision (a),
the Chief of the Division of Labor Standards Enforcement may, when in
his or her judgment hardship will result, exempt any employer or
employees from the provisions of Sections 551 and 552.



555.  Sections 550, 551, 552 and 554 of this chapter are applicable
to cities which are cities and counties and to the officers and
employees thereof.


556.  Sections 551 and 552 shall not apply to any employer or
employee when the total hours of employment do not exceed 30 hours in
any week or six hours in any one day thereof.



558.  (a) Any employer or other person acting on behalf of an
employer who violates, or causes to be violated, a section of this
chapter or any provision regulating hours and days of work in any
order of the Industrial Welfare Commission shall be subject to a
civil penalty as follows:
   (1) For any initial violation, fifty dollars ($50) for each
underpaid employee for each pay period for which the employee was
underpaid in addition to an amount sufficient to recover underpaid
wages.
   (2) For each subsequent violation, one hundred dollars ($100) for
each underpaid employee for each pay period for which the employee
was underpaid in addition to an amount sufficient to recover
underpaid wages.
   (3) Wages recovered pursuant to this section shall be paid to the
affected employee.
   (b) If upon inspection or investigation the Labor Commissioner
determines that a person had paid or caused to be paid a wage for
overtime work in violation of any provision of this chapter, or any
provision regulating hours and days of work in any order of the
Industrial Welfare Commission, the Labor Commissioner may issue a
citation. The procedures for issuing, contesting, and enforcing
judgments for citations or civil penalties issued by the Labor
Commissioner for a violation of this chapter shall be the same as
those set out in Section 1197.1.
   (c) The civil penalties provided for in this section are in
addition to any other civil or criminal penalty provided by law.

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600.  As used in this chapter, unless the context otherwise
indicates:
   (a) "Railroad" means any steam railroad, electric railroad, or
railway, operated in whole or in part in this State.
   (b) "Railroad corporation" means a corporation or receiver
operating a railroad.
   (c) "Trainman" means a conductor, motorman, engineer, fireman,
brakeman, train dispatcher, or telegraph operator, employed by or
working in connection with a railroad.



601.  No railroad corporation or any officer, agent or
representative of such corporation shall require or knowingly permit
any trainman to be on duty for a longer period than 12 consecutive
hours.


602.  Whenever any trainman has been continuously on duty for 12
hours he shall be relieved and not required or permitted again to go
on duty or perform any work for the railroad corporation until he has
had at least 10 consecutive hours off duty.



603.  No trainman who has been on duty 12 hours in the aggregate in
any 24-hour period shall be required or permitted to continue or
again go on duty without having had at least 8 consecutive hours off
duty.


604.  No person who by the use of the telegraph or telephone,
dispatches, reports, transmits, receives or delivers orders
pertaining to or affecting train movements shall be required or
permitted to be on duty for a longer period than nine hours in any
twenty-four hours, in towers, offices, places and stations
continuously operated night and day, nor for a longer period than
thirteen hours in towers, offices, places and stations operated only
during the daytime. In case of emergency, however, the persons
referred to in this section may be permitted to be on duty for four
additional hours in a twenty-four hour period. Such additional duty
shall not be required or permitted on more than three days in any
week.


605.  Any railroad corporation that violates any of the provisions
of this chapter is liable to the state in a penalty of not less than
five hundred dollars ($500) nor more than five thousand dollars
($5,000) for each offense. The penalty shall be recovered and suit
therefor shall be brought in the name of the state in a court of
competent jurisdiction in any county into or through which said
railroad may pass. The suit may be brought either by the Attorney
General of the state or under his or her direction by the district
attorney of any county in the state into or through which said
railroad passes.


606.  Any officer, agent or representative of any railroad
corporation who violates any of the provisions of this chapter is
guilty of a misdemeanor, punishable by a fine of not less than one
hundred dollars ($100) nor more than one thousand dollars ($1,000)
for each offense, or confinement in the county jail for not less than
10 nor more than 60 days, or both. Such person so offending may be
prosecuted under this section, either in the county where he is at
the time of commission of the offense, or in any county where such
employee has been permitted or required to work in violation of this
chapter.


607.  This chapter shall not apply in any case of casualty,
unavoidable accident, or act of God; nor where the delay was the
result of a cause not known to, and which could not have been
foreseen by, the railroad corporation, or its officer or agent in
charge of a trainman at the time the trainman left a terminal. This
chapter shall not apply to the crews of wrecking, or relief trains.

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750.  (a) Except as otherwise provided in this chapter, no employee
may be employed for a period that exceeds eight hours within any
24-hour period and the hours of employment of any workday shall be
consecutive, excluding intermissions for meals, for all persons who
are employed or engaged in work in any of the following:
   (1) Underground mines.
   (2) Smelters and plants for the reduction or refining of ores or
metals.
   (b) No provision of this chapter applies to quarries or other
operations for the extraction of nonmetallic minerals, including, but
not limited to, sand, gravel, and rock.
   (c) No provision of this chapter applies to an employee who is
employed in an executive, administrative, or professional capacity,
or employed as an outside salesperson.



750.5.  Notwithstanding Section 750, an employee may be employed for
a period that exceeds eight hours within a 24-hour period, under the
circumstances specified in subdivision (a), (b), or (c), as follows:
   (a) If the employer and a labor organization representing
employees of the employer have entered into a valid collective
bargaining agreement that expressly provides for the wages, hours of
work, and working conditions of the employees.
   (b) If a two-thirds majority of the affected employees of that
employer whose hours are regulated by this chapter have voted in an
election to adopt a policy that specifies periods of work that may
exceed eight hours in a 24-hour period, and the employer adopts that
policy, subject to all of the following conditions:
   (1) The agreement adopted with respect to that policy reflects the
results of the election.
   (2) The election is conducted, at the expense of the employer,
with the use of secret ballots, during regular working hours. Upon
the written request of an employee to his or her employer, or to the
Labor Commissioner, made no later than 10 days prior to the date set
for the election, the employer shall cause the election to be
conducted by a neutral third party with experience in conducting
employee elections. If such a written request is made to the
commissioner pursuant to this paragraph, the commissioner shall not
disclose the identity of the employee and shall notify the employer,
no later than five days prior to the date set for the election, that
the election is required to be conducted by a neutral third party.
Such an election may be conducted by utilizing mail ballots.
   (3) All employees of that employer whose hours are regulated by
this chapter and who have become employed by that employer within 24
hours of the time the election is commenced are eligible to vote in
the election.
   (4) The policy shall be effective for the period specified
therein, not exceeding 12 months.
   (5) No later than 14 days prior to the date set for an election,
the employer shall do all of the following:
   (A) Provide a written notice to the affected employees that
describes the effects the proposed work schedule would have on the
employees' wages, hours, and benefits, and the employees' rights
under this chapter, including the right to request that the election
be conducted by a neutral third party pursuant to this section, and
to file a complaint against the employer pursuant to this chapter.
   (B) Provide a written statement to the affected employees,
prepared by a neutral source knowledgeable in health and safety
matters and unaffiliated with the employer, that explains any health
and safety considerations of extended work shifts.
   (C) Hold informational meetings for the affected employees on each
shift during the regular working hours of the affected employees. At
each of these meetings, the employer shall explain the effect of the
proposed policy on the hours and compensation of the employees.
Written notice of the time, date, place, and purpose of these
informational meetings shall be conspicuously posted in at least
three locations throughout the mine site for at least seven
consecutive days before the date of the meetings. Written notice of
the time, date, place, and purpose of the election shall be posted in
the same manner and for the same period. Failure to comply with the
procedural requirements of this paragraph shall void the results of
the election for purposes of this section.
   (6) Any employer that establishes a regular scheduled workday
pursuant to this subdivision shall make a reasonable attempt to place
an employee, who was eligible to participate in the election that
authorized an extended workday schedule and who is unable or
unwilling to work the extended schedule, in an alternative work
assignment that the employee is capable of performing. An employer
shall not be required to offer an alternative work assignment to an
employee if an alternative work assignment that the employee is
capable of performing is not available or if the employee commenced
his or her employment after the election.
   (c) On the day a scheduled change of shift takes effect.



751.  In the case of an emergency where life or property is in
imminent danger, the work shift may be extended during the
continuance of the emergency.


751.5.  Where emergency repairs to, or maintenance or replacement
of, machinery or equipment are necessary for the continuous operation
thereof, the hours that an employee may be engaged in performing the
emergency repairs, maintenance, or replacement, may, during the
pendency of the emergency, exceed the period specified in Section
750.



751.8.  (a) Notwithstanding Section 750, the period of employment
may exceed eight hours in any 24-hour period if the employee is paid
at the overtime rate of pay for hours worked in excess of that
employee's regularly scheduled shift and for hours worked in excess
of 40 hours in a seven-day period. Unless regularly scheduled shifts
are established pursuant to Section 750.5, overtime rates of pay
shall be paid for all hours worked in excess of those hours
prescribed by Section 750 as the maximum allowable hours of
employment.
   (b) All work performed in any workday in excess of the scheduled
hours established by an agreement pursuant to subdivision (b) of
Section 750.5 up to and including 12 hours, or in excess of 40 hours
in a workweek, shall be compensated at one and one-half times the
employee's regular rate of compensation. All work performed in any
workday in excess of 12 hours shall be compensated at double the
employee's regular rate of compensation. No hours that are
compensated at either one and one-half times, or double, the regular
rate of compensation shall be included in determining the number of
hours an employee has worked in a workweek for purposes of computing
premium compensation.



752.  (a) Any affected employee, or his or her representative, may
file a complaint with the Labor Commissioner concerning the conduct
of an election pursuant to subdivision (b) of Section 750.5 within 14
days following notice of the outcome of the election. The Labor
Commissioner shall investigate the complaint and shall invalidate the
election if the commissioner finds that misconduct has occurred that
could have affected the outcome of the election. If the election is
invalidated, the commissioner shall prohibit the employer from
conducting a similar election for a period of 12 months.
   (b) Any employer, or representative of an employer, that violates
Section 750 or 751.8 shall be subject to a civil penalty as follows:
   (1) For any initial violation that is intentionally committed, one
hundred dollars ($100) for each affected employee for each violation
for each pay period.
   (2) For each subsequent violation for the same offense, two
hundred dollars ($200) for each violation for each affected employee
for each pay period, regardless of whether the initial violation is
intentionally committed.
   (c) If the Labor Commissioner determines that an employer has
failed to comply with paragraph (6) of subdivision (b) of Section
750.5, the Labor Commissioner shall order the employer to comply. The
order, in appropriate cases, shall include provisions for
reinstatement and backpay.
   (d) An employer shall not retaliate in any way against an employee
for exercising any right pursuant to this chapter.




752.5.  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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800.  Every person operating a sawmill, shakemill, shinglemill,
logging camp, planing mill, veneer mill, plywood plant or any other
type of plant or mill which processes or manufactures any lumber,
lumber products or allied wood products, in this State shall allow
his employees a period of not less than one-half hour for the midday
meal, between the third and fifth hours of each day's shift after the
start thereof.



801.  Any person, or agent or officer thereof who violates any
provision of this chapter is guilty of a misdemeanor, punishable by a
fine of not less than one hundred dollars ($100) nor more than four
hundred dollars ($400).

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850.  No person employed to sell at retail drugs and medicines or to
compound physicians' prescriptions shall perform any work in any
store, dispensary, pharmacy, laboratory, or office for more than an
average of nine hours per day, or for more than 108 hours in any two
consecutive weeks or for more than 12 days in any two consecutive
weeks, except that any registered pharmacist may be so employed and
may perform such work for the full period of time permitted by this
section.



851.  No person employing another person to sell at retail drugs and
medicines or to compound physicians' prescriptions shall require or
permit such employee to perform any work in any store, dispensary,
pharmacy, laboratory, or office for more than an average of nine
hours per day, or for more than 108 hours in any two consecutive
weeks or for more than 12 days in any two consecutive weeks, except
that any registered pharmacist may be so employed and may perform
such work for the full period of time permitted by this section.



851.5.  Except on Sundays and holidays, and except for a period of
time for meals, not to exceed one hour in length, the hours of work
permitted per day by this chapter shall be consecutive. This section
does not apply to hospitals employing only one person to compound
physicians' prescriptions.



852.  The employer shall apportion the periods of rest to be taken
by an employee so that the employee will have one complete day of
rest during each week.


853.  Any person who violates any provision of this chapter is
guilty of a misdemeanor punishable by a fine of not less than forty
dollars ($40) nor more than one hundred dollars ($100) or by
imprisonment for not exceeding 60 days, or both.




854.  The provisions of this chapter shall not apply in any case of
emergency. The word "emergency" shall be construed as being accident,
death, sickness or epidemic.



855.  The provisions of this chapter are enacted as a measure for
the protection of the public health.



856.  The Labor Commissioner shall enforce this chapter.

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920.  As used in this chapter, unless the context otherwise
indicates, "promise" includes promise, undertaking, contract, or
agreement, whether written or oral, express or implied.



921.  Every promise made after August 21, 1933, between any employee
or prospective employee and his employer, prospective employer or
any other person is contrary to public policy if either party thereto
promises any of the following:
   (a) To join or to remain a member of a labor organization or to
join or remain a member of an employer organization,
   (b) Not to join or not to remain a member of a labor organization
or of an employer organization,
   (c) To withdraw from an employment relation in the event that he
joins or remains a member of a labor organization or of an employer
organization.
   Such promise shall not afford any basis for the granting of legal
or equitable relief by any court against a party to such promise, or
against any other persons who advise, urge, or induce, without fraud
or violence or threat thereof, either party thereto to act in
disregard of such promise.



922.  Any person or agent or officer thereof who coerces or compels
any person to enter into an agreement, written or verbal, not to join
or become a member of any labor organization, as a condition of
securing employment or continuing in the employment of any such
person is guilty of a misdemeanor.



923.  In the interpretation and application of this chapter, the
public policy of this State is declared as follows:
   Negotiation of terms and conditions of labor should result from
voluntary agreement between employer and employees. Governmental
authority has permitted and encouraged employers to organize in the
corporate and other forms of capital control. In dealing with such
employers, the individual unorganized worker is helpless to exercise
actual liberty of contract and to protect his freedom of labor, and
thereby to obtain acceptable terms and conditions of employment.
Therefore it is necessary that the individual workman have full
freedom of association, self-organization, and designation of
representatives of his own choosing, to negotiate the terms and
conditions of his employment, and that he shall 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.

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970.  No person, or agent or officer thereof, directly or
indirectly, shall influence, persuade, or engage any person to change
from one place to another in this State or from any place outside to
any place within the State, or from any place within the State to
any place outside, for the purpose of working in any branch of labor,
through or by means of knowingly false representations, whether
spoken, written, or advertised in printed form, concerning either:
   (a) The kind, character, or existence of such work;
   (b) The length of time such work will last, or the compensation
therefor;
   (c) The sanitary or housing conditions relating to or surrounding
the work;
   (d) The existence or nonexistence of any strike, lockout, or other
labor dispute affecting it and pending between the proposed employer
and the persons then or last engaged in the performance of the labor
for which the employee is sought.



971.  Any person, or agent or officer thereof, who violates Section
970 is guilty of a misdemeanor punishable by a fine of not less than
fifty dollars ($50) nor more than one thousand dollars ($1,000) or
imprisonment for not more than six months or both.



972.  In addition to such criminal penalty, any person, or agent or
officer thereof who violates any provision of Section 970 is liable
to the party aggrieved, in a civil action, for double damages
resulting from such misrepresentations. Such civil action may be
brought by an aggrieved person or his assigns or successors in
interest, without first establishing any criminal liability.



973.  If any person advertises for, or seeks employees by means of
newspapers, posters, letters, or otherwise, or solicits or
communicates by letter or otherwise with persons to work for him or
the person for whom he is acting, or to work at any shop, plant, or
establishment while a strike, lockout, or other trade dispute is
still in active progress at such shop, plant, or establishment, he
shall plainly and explicitly mention in such advertisement or oral or
written solicitations or communications that a strike, lockout, or
other labor disturbance exists.
   The person inserting any such advertisement, solicitation, or
communication in a newspaper, on a poster, or otherwise, shall insert
in such advertisement, solicitation or communication his own name
and, if he is representing another, the name of the person he is
representing and at whose direction and under whose authority he is
inserting the advertisement, solicitation or communication. The
appearance of this name in connection with such advertisement,
solicitation or communication is prima facie evidence as to the
person responsible for the advertisement, solicitation or
communication.



974.  Any person, or agent or officer thereof, who violates Section
973 is guilty of a misdemeanor.



976.  No person shall publish or cause to be published any
advertisement, solicitation or communication in any newspaper, poster
or letter, offering employment as a salesman, broker or agent,
whether as an employee or independent contractor, which
advertisement, solicitation or communication (a) is willfully
designed to mislead any person as to compensation or commissions
which may be earned; or (b) falsely represents the compensation or
commissions which may be earned.
   This section shall not be applicable to any publisher of a
newspaper, magazine, or other publication, who publishes an
advertisement, solicitation or communication in good faith, without
knowledge of its false, deceptive or misleading character.




977.  Any person, or agent or officer thereof, who violates Section
976 is guilty of a misdemeanor.