California Labor Code 2010-3099.5

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2010.  As used in this chapter, "State agency" means any department,
division, board, bureau, or commission of the State.



2011.  The Department of Finance shall ascertain and secure from the
several State agencies tentative plans for the extension of public
works which are best adapted to supply increased opportunities for
advantageous public labor during periods of temporary unemployment.
Such plans shall include estimates of the amount, character, and
duration of employment, the number of employees who could be
profitably employed therein, together with rates of wages and other
information which the Department of Finance deems necessary.



2012.  The Division of Labor Statistics and Research shall keep
constantly advised of industrial conditions throughout the State as
affecting the employment of labor. Whenever the Governor represents
or the division has reason to believe, that a period of extraordinary
unemployment caused by industrial depression exists in the State, it
shall immediately hold an inquiry into the facts relating thereto,
and report to the Governor whether, in fact, such condition exists.



2013.  If the Division of Labor Statistics and Research reports to
the Governor that a condition of extraordinary unemployment caused by
industrial depression does exist within this State, the Department
of Finance may apportion the available Emergency Fund among the
several State agencies for the extension of the public works of the
State under the charge or direction thereof, in the manner which the
Department of Finance believes to be best adapted to advance the
public interest by providing the maximum of public employment
consistent with the most useful, permanent, and economic extension of
public works.


2014.  The Department of Employment Development immediately upon the
publication of a finding under this chapter that a period of
extraordinary unemployment due to industrial depression exists
throughout this state shall prepare approved lists of applicants for
public employment, secure full information as to their industrial
qualifications, and shall submit the same to the Department of
Finance for transmission to the state agencies which avail themselves
of the provisions of this chapter.



2015.  Preference for employment under this chapter shall be
extended: First, to citizens of this State. Second, to citizens of
other States within the United States, who are within the State at
the time of making application. Third, to aliens who are within the
State at the time of making application.

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2050.  The enactment of this part is an exercise of the police power
of the State of California for the protection for the public
welfare, prosperity, health, safety, and peace of its people. The
civil penalties provided by this chapter are in addition to any other
penalty provided by law.



2051.  As used in this part:
   (a) "Car washing and polishing" means washing, cleaning, drying,
polishing, detailing, servicing, or otherwise providing cosmetic care
to vehicles. "Car washing and polishing" does not include motor
vehicle repair, as defined in Section 9880.1 of the Business and
Professions Code.
   (b) (1) "Employer" means any individual, partnership, corporation,
limited liability company, joint venture, or association engaged in
the business of car washing and polishing that engages any other
individual in providing those services.
   (2) "Employer" does not include any charitable, youth, service,
veteran, or sports group, club, or association that conducts car
washing and polishing on an intermittent basis to raise funds for
charitable, education, or religious purposes. "Employer" does not
include any licensed vehicle dealer or car rental agency that
conducts car washing and polishing ancillary to its primary business
of selling, leasing, or servicing vehicles. "Employer" does not
include either a new motor vehicle dealer, as defined in Section 426
of the Vehicle Code, that is primarily engaged in the business of
selling, leasing, renting, or servicing vehicles or an automotive
repair dealer, as defined by subdivision (a) of Section 9880.1 of the
Business and Professions Code, who is primarily engaged in the
business of repairing and diagnosing malfunctions of motor vehicles.
"Employer" does not include any self-service car wash or automated
car wash that has employees for cashiering or maintenance purposes
only.
   (c) "Employee" means any person, including an alien or minor, who
renders actual car washing and polishing services in any business for
an employer, whether for tips or for wages, and whether wages are
calculated by time, piece, task, commission, or other method of
calculation, and whether the services are rendered on a commission,
concessionaire, or other basis.
   (d) "Commissioner" means the Labor Commissioner.



2052.  Every employer shall keep accurate records for three years,
showing all of the following:
   (a) The names and addresses of all employees engaged in rendering
actual services for any business of the employer.
   (b) The hours worked daily by each employee, including the times
the employee begins and ends each work period.
   (c) All gratuities received daily by the employer, whether
received directly from the employee or indirectly by deduction from
the wages of the employee or otherwise.
   (d) The wage and wage rate paid each payroll period.
   (e) The age of all minor employees.
   (f) Any other conditions of employment.


2053.  The Division of Labor Standards and Enforcement shall enforce
this chapter. The commissioner may adopt any regulations necessary
to carry out the provisions of this chapter.

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2054.  Every employer shall register with the commissioner annually.



2055.  The commissioner may not permit any employer to register, nor
may the commissioner permit any employer to renew registration until
all of the following conditions are satisfied:
   (a) The employer has applied for registration to the commissioner
by presenting proof of compliance with the local government's
business licensing or regional regulatory requirements.
   (b) The employer has obtained a surety bond issued by a surety
company admitted to do business in this state. The principal sum of
the bond shall be not less than fifteen thousand dollars ($15,000).
The employer shall file a copy of the bond with the commissioner.
   (1) The bond required by this section shall be in favor of, and
payable to the people of the State of California and shall be for the
benefit of any employee damaged by his or her employer's failure to
pay wages, interest on wages, or fringe benefits, or damaged by
violation of Section 351 or 353.
   (2) Thirty days prior to the cancellation or termination of any
surety bond required by this section, the surety shall send written
notice to both the employer and the commissioner, identifying the
bond and the date of the cancellation or termination.
   (3) An employer may not conduct any business until the employer
obtains a new surety bond and files a copy of it with the
commissioner.
   (c) The employer has documented that a current workers'
compensation insurance policy is in effect for the employees.
   (d) The employer has paid the fees established pursuant to Section
2059.



2056.  When a certificate of registration is originally issued or
renewed under this chapter, the commissioner shall provide related
and supplemental information to the registrant regarding business
administration and applicable labor laws.




2057.  Proof of registration shall be by an official Division of
Labor Standards Enforcement registration form. Each employer shall
post the registration form where it may be read by the employees
during the workday.


2058.  At least 30 days prior to the expiration of each registrant's
registration, the commissioner shall mail a renewal notice to the
last known address of the registrant. However, omission of the
commissioner to provide the renewal notice in accordance with this
subdivision may not excuse a registrant from making timely
application for renewal of registration, may not be a defense in any
action or proceeding involving failure to renew registration, and may
not subject the commissioner to any legal liability.



2059.  (a) The commissioner shall collect from employers a
registration fee of two hundred fifty dollars ($250) for each branch
location. The commissioner may periodically adjust the registration
fee for inflation to ensure that the fee is sufficient to fund all
costs to administer and enforce the provisions of this part.
   (b) In addition to the fee specified in subdivision (a), each
employer shall be assessed an annual fee of fifty dollars ($50) for
each branch location which shall be deposited in the Car Wash Worker
Restitution Fund.


2060.  No employer may conduct any business without complying with
the registration and bond requirements of this chapter.



2061.  The commissioner may not approve the registration of any
employer until all of the following conditions are satisfied:
   (a) The employer has executed a written application, in a form
prescribed by the commissioner, subscribed, and sworn by the employer
containing the following:
   (1) The name of the business entity and, if applicable, its
fictitious or "doing business as" name.
   (2) The form of the business entity and, if a corporation, all of
the following:
   (A) The date of incorporation.
   (B) The state in which incorporated.
   (C) If a foreign corporation, the date the articles of
incorporation were filed with the California Secretary of State.
   (D) Whether the corporation is in good standing with the Secretary
of State.
   (3) The federal employer identification number (FEIN) and the
state employer identification number (SEIN) of the business.
   (4) The business' address and telephone number and, if applicable,
the addresses and telephone numbers of any branch locations.
   (5) Whether the application is for a new or renewal registration
and, if the application is for a renewal, the prior registration
number.
   (6) The names, residential addresses, telephone numbers, and
Social Security numbers of the following persons:
   (A) All corporate officers, if the business entity is a
corporation.
   (B) All persons exercising management responsibility in the
applicant's office, regardless of form of business entity.
   (C) All persons, except bona fide employees on regular salaries,
who have a financial interest of 10 percent or more in the business,
regardless of the form of business entity, and the actual percent
owned by each of those persons.
   (7) The policy number, effective date, expiration date, and name
and address of the carrier of the applicant business' current workers'
compensation coverage.
   (8) Whether any persons named in response to subparagraphs (A),
(B), or (C) of subparagraph (6) of this section presently:
   (A) Owe any unpaid wages.
   (B) Have unpaid judgments outstanding.
   (C) Have any liens or suits pending in court against himself or
herself.
   (D) Owe payroll taxes, or personal, partnership, or corporate
income taxes, Social Security taxes, or disability insurance.
   An applicant who answers affirmatively to any item described in
paragraph (8) shall provide, as part of the application, additional
information on the unpaid amounts, including the name and address of
the party owed, the amount owed, and any existing payment
arrangements.
   (9) Whether any persons named in response to subparagraphs (A),
(B), or (C) of paragraph (6) of this section have ever been cited or
assessed any penalty for violating any provision of the Labor Code.
   An applicant who answers affirmatively to any item described in
paragraph (9) shall provide additional information, as part of the
application, on the date, nature of citation, amount of penalties
assessed for each citation, and the disposition of the citation, if
any. The application shall describe any appeal filed. If the citation
was not appealed, or if it was upheld on appeal, the applicant shall
state whether the penalty assessment was paid.
   (b) The employer has paid a registration fee to the commissioner
pursuant to subdivision (d) of Section 2055.



2062.  The commissioner may not register or renew the registration
of an employer in any of the following circumstances:
   (a) The employer has not fully satisfied any final judgment for
unpaid wages due to an employee or former employee of a business for
which the employer is required to register under this chapter.
   (b) The employer has failed to remit the proper amount of
contributions required by the Unemployment Insurance Code or the
Employment Development Department had made an assessment for those
unpaid contributions against the employer that has become final and
the employer has not fully paid the amount of delinquency for those
unpaid contributions.
   (c) The employer has failed to remit the amount of Social Security
and Medicare tax contributions required by the Federal Insurance
Contributions Act (FICA) to the Internal Revenue Service and the
employer has not fully paid the amount or delinquency for those
unpaid contributions.


2063.  On the Web site of the Department of Industrial Relations the
Labor Commissioner shall post a list of registered car washing and
polishing businesses, including the name, address, registration
number, and effective dates of registration.




2064.  An employer who fails to register pursuant to Section 2054 is
subject to a civil fine of one hundred dollars ($100) for each
calendar day, not to exceed ten thousand dollars ($10,000), the
employer conducts car washing and polishing while unregistered.




2065.  (a) The Car Wash Worker Restitution Fund is established in
the State Treasury.
   (1) The following moneys shall be deposited into this fund:
   (A) The annual fee required pursuant to subdivision (b) of Section
2059.
   (B) Fifty percent of the fines collected pursuant to Section 2064.
   (C) Fifty dollars ($50) of the initial registration fee required
pursuant to subdivision (a) of Section 2059.
   (2) Upon appropriation by the Legislature, the moneys in the fund
shall be disbursed by the commissioner only to persons determined by
the commissioner to have been damaged by the failure to pay wages and
penalties and other related damages by any employer, to ensure the
payment of wages and penalties and other related damages. Any
disbursed funds subsequently recovered by the commissioner shall be
returned to the fund.
   (b) The Car Wash Worker Fund is established in the State Treasury.
   (1) The following moneys shall be deposited into this fund:
   (A) Fifty percent of the fines collected pursuant to Section 2064.
   (B) The initial registration fee required pursuant to subdivision
(a) of Section 2059, less the amount specified in subparagraph (C) of
paragraph (1) of subdivision (a).
   (2) Upon appropriation by the Legislature, the moneys in this fund
shall be applied to costs incurred by the commissioner in
administering the provisions of this part and enforcement and
investigation of the car washing and polishing industry.
   (c) The Department of Industrial Relations may establish by
regulation those procedures necessary to carry out the provisions of
this section.

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2066.  A successor to any employer that is engaged in car washing
and polishing that owed wages and penalties to the predecessor's
former employee or employees is liable for those wages and penalties
if the successor meets any of the following criteria:
   (a) Uses substantially the same facilities or workforce to offer
substantially the same services as the predecessor employer.
   (b) Shares in the ownership, management, control of the labor
relations, or interrelations of business operations with the
predecessor employer.
   (c) Employs in a managerial capacity any person who directly or
indirectly controlled the wages, hours, or working conditions of the
affected employees of the predecessor employer.
   (d) Is an immediate family member of any owner, partner, officer,
or director of the predecessor employer of any person who had a
financial interest in the predecessor employer.

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2067.  This part shall remain in effect only until January 1, 2014,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2014, deletes or extends that date.

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2260.  All employers shall comply with standards relating to
sanitary facilities adopted by the Occupational Safety and Health
Standards Board pursuant to Chapter 6 (commencing with Section 140)
of Division 1.

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2330.  The owner or manager of every foundry or metal shop engaged
in the casting, fabricating, or working over in any manner of any
metal or compound, where one or more persons are employed, shall
maintain for the use of the employees wash bowls, sinks or other
appliances and a water closet connected with running water.




2331.  The owner or manager of every foundry or metal shop engaged
in the casting, fabricating, or working over in any manner of any
metal or compound, where one or more persons are employed, shall
comply with standards relating to mechanical ventilation systems
adopted by the Occupational Safety and Health Standards Board
pursuant to Chapter 6 (commencing with Section 140) of Division 1.

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2350.  Every factory, workshop, mercantile or other establishment in
which one or more persons are employed, shall be kept clean and free
from the effluvia arising from any drain or other nuisance, and
shall be provided, within reasonable access, with a sufficient number
of toilet facilities for the use of the employees. When there are
five or more employees who are not all of the same gender, a
sufficient number of separate toilet facilities shall be provided for
the use of each sex, which shall be plainly so designated.



2351.  Every factory or workshop in which one or more persons are
employed shall be so ventilated while work is carried on that the air
will not become injurious to the health of the employees, and shall
also be so ventilated as to render harmless, as far as practicable,
all injurious gases, vapors, dust, or other impurities generated in
the course of the manufacturing process or handicraft carried on
therein.



2352.  No place which the Labor Commissioner condemns as unhealthy
and unsuitable, shall be used as a place of employment.



2353.  In any factory, workshop, or other establishment where dust,
filaments, or injurious gases are produced or generated, which may be
inhaled by employees, the person, under whose authority the work is
carried on, shall cause to be provided and used, exhaust fans or
blowers with pipes and hoods extending therefrom to each machine,
contrivance or apparatus by which dust, filaments or injurious gases
are produced or generated. The fans and blowers, and the pipes and
hoods, shall be properly fitted and adjusted, and of power and
dimensions sufficient to prevent the dust, filaments, or injurious
gases from escaping into the atmosphere of any room where employees
are at work.


2354.  Any person violating this article is guilty of a misdemeanor,
punishable by a fine of not less than one hundred dollars ($100) nor
more than six hundred dollars ($600), or by imprisonment in the
county jail for not less than 30 days nor more than 90 days, or both.



2355.  The Labor Commissioner shall enforce this article.

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2440.  All employers shall comply with standards relating to the
ready availability of medical services and first aid adopted by the
Occupational Safety and Health Standards Board, pursuant to Chapter 6
(commencing with Section 140) of Division 1.



2441.  (a) Every employer of labor in this state shall, without
making a charge therefor, provide fresh and pure drinking water to
his or her employees during working hours. Access to the drinking
water shall be permitted at reasonable and convenient times and
places. Any violation of this section is punishable for each offense
by a fine of not less than fifty dollars ($50), nor more than two
hundred dollars ($200), or by imprisonment for not more than 30 days,
or by both the fine and imprisonment.
   (b) The State Department of Health Services and all health
officers of counties, cities, and health districts shall enforce the
provisions of this section pursuant to subdivision (b) of Section
118390 of the Health and Safety Code. The enforcement shall not be
construed to abridge or limit in any manner the jurisdiction of the
Division of Industrial Safety of the Department of Industrial
Relations pursuant to Division 5 (commencing with Section 6300).

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2650.  As used in this part:
   (a) "To manufacture" means to make, process, prepare, alter,
repair, or finish in whole or in part, or to assemble, inspect, wrap,
or package any articles or materials.
   (b) "Employer" means any person who, directly or indirectly or
through an employee, agent, independent contractor, or any other
person, employs an industrial homeworker.
   (c) "Home" means any room, house, apartment, or other premises,
whichever is most extensive, used in whole or in part as a place of
dwelling; and includes outbuildings upon premises that are primarily
used as a place of dwelling, where such outbuildings are under the
control of the person dwelling on such premises.
   (d) "Industrial homework" means any manufacture in a home of
materials or articles for an employer when such articles or materials
are not for the personal use of the employer or a member of his or
her family.
   (e) "Division" means the Division of Labor Standards Enforcement.
   (f) "Industrial homeworker" means any person who does industrial
homework.
   (g) "To employ" means to engage, suffer or permit any person to do
industrial homework, or to tolerate, suffer, or permit articles or
materials under one's custody or control to be manufactured in a home
by industrial homework.
   (h) "Person" means any individual, partnership and each partner
thereof, corporation, limited liability company, or association.



2651.  The manufacture by industrial homework of any of the
following materials or articles shall be unlawful, and no license or
permit issued under this part shall be deemed to authorize such
manufacture: articles of food or drink; articles for use in
connection with the serving of food or drink; articles of wearing
apparel; toys and dolls; tobacco; drugs and poisons; bandages and
other sanitary goods; explosives, fireworks, and articles of like
character; articles, the manufacture of which by industrial homework
is determined by the division to be injurious to the health or
welfare of the industrial homeworkers within the industry or to
render unduly difficult the maintenance of existing labor standards
or the enforcement of labor standards established by law or
regulation for factory workers in the industry.



2652.  The division shall have the power to make an investigation of
any industry not specifically exempted and made unlawful by Section
2651 which employs industrial homeworkers, in order to determine
whether the wages and conditions of employment of industrial
homeworkers in the industry are injurious to their health and welfare
or whether the wages and conditions of employment of the industrial
homeworkers have the effect of rendering unduly difficult the
maintenance of existing labor standards or the enforcement of labor
standards established by law or regulation for factory workers in the
industry.


2653.  To effectuate the provisions of this part, the division shall
have the powers given by Article 2 (commencing with Section 11180)
of Chapter 2, Part 1, Division 3, Title 2 of the Government Code to a
head of a department.


2654.  If, on the basis of information in its possession, with or
without an investigation, the division shall find that industrial
homework cannot be continued within an industry without injuring the
health and welfare of the industrial homeworkers within that
industry, or without rendering unduly difficult the maintenance of
existing labor standards or the enforcement of labor standards
established by law or regulation for factory workers in that
industry, the division shall by order declare such industrial
homework to be unlawful and require all employers in the industry to
discontinue manufacture by industrial homework. The order shall set
forth the type or types of manufacturing which are prohibited after
its effective date, and shall contain such terms and conditions as
the division may deem necessary to carry out the purpose and intent
of this part.


2655.  After making such order the division shall hold a public
hearing or hearings at which an opportunity to be heard shall be
afforded to any employer, or representative of employers, and any
industrial homeworker, or representative of industrial homeworkers,
and any other person having an interest in the subject matter of the
hearing. A public notice of each hearing shall be given at least 30
days before the hearing is held and in such manner as may be
determined by the division. The division shall send written notice of
the hearing to every business and employer which the division
believes may be adversely affected by the order. The hearing or
hearings shall be in such place or places as the division deems most
convenient to the employers and industrial homeworkers to be affected
by the order.



2656.  The division may seek a search warrant pursuant to the
procedures set forth in Chapter 3 (commencing with Section 1523) of
Title 12 of Part 2 of the Penal Code to enable it to have access to,
and to inspect, the premises of any industrial homeworker or
distributor in this state.



2658.  No person shall employ an industrial homeworker in any
industry not prohibited by Section 2651 unless the person employing
an industrial homeworker has obtained a valid industrial homework
license from the division.
   Application for a license to employ industrial homeworkers shall
be made to the division in such form as the division may by
regulation prescribe. A license fee of one hundred dollars ($100) for
each industrial homeworker employed shall be paid to the division
and such license shall be valid for a period of one year from the
date of issuance unless sooner revoked or suspended.
   Renewal fees shall be at the same rate and conditions as the
original license.
   The division may revoke or suspend the license upon a finding that
the person has violated this part or has failed to comply with the
regulations of the division or with any provision of the license. The
industrial homework license shall not be transferable.
   All license fees received under this part shall be paid into the
State Treasury.


2658.1.  Every person who, without having in his possession a then
valid industrial homework license issued to him by the Division of
Labor Standards Enforcement, negligently fails to prevent articles or
materials under his custody or control from being taken to a home
for manufacture by industrial homework is guilty of a misdemeanor.
Possession, control or custody of articles or materials for the
purpose of manufacture by industrial homework by a person other than
the owner or operator of a factory shall be presumptive evidence that
said owner or operator has negligently failed to prevent articles or
materials under his custody or control from being taken to a home
for manufacture by industrial homework, where it is established that
such owner or operator is entitled to possession, control or custody
of such articles.



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



2658.7.  Any goods, assembled or partially assembled, whether found
in the homeworker's home, in transit to or from the home, or in the
manufacturer's or his contractor's possession, pursuant to an order
obtained under Section 2656, which constitute evidence of a violation
of industrial homework laws, shall be confiscated by the division
and properly marked and identified.
   A determination or decision that a violation of Section 2651 has
been committed shall carry with it, in addition to whatever other
penalties are imposed as prescribed in this act, forfeiture of the
aforementioned confiscated goods, garments or products identified as
goods, garments or products produced by illegal industrial homework,
and placed in the custody of the division, which shall be charged
with the responsibility of disposing of them.
   The division shall have the power to make an investigation of any
industry in which the utilization of industrial homework has been
made unlawful by Section 2651, in order to determine compliance with
Section 2651.



2659.  No person shall engage, suffer or permit any person to do
industrial homework, or tolerate, suffer or permit articles or
materials under his custody or control to be manufactured by
industrial homework by a person who is not in possession of either a
valid employer's license or homeworker's permit issued in accordance
with this part.



2660.  No person shall do industrial homework within this state
unless he has in his possession a valid homeworker's permit issued to
him by the division. The permit shall be issued for a fee of
twenty-five dollars ($25), and shall be valid for industrial homework
performed for the licensed employer of industrial homeworkers, named
therein, for a period of one year from the date of its issuance
unless sooner revoked or suspended. Application for a permit shall be
made in such form as the division may by regulation prescribe. The
permit shall be valid only for work performed by the applicant
himself in his own home. The division may waive the fee for a
homeworker's permit in cases where the applicant requests such
waiver, and can establish that payments of the fee would result in
financial hardship.



2660.1.  Every person doing industrial homework, with or without a
valid homeworker's permit issued by the division, shall reveal to the
division, on demand, the name and address of the employer, the name
and address of the owner or source of the articles or materials for
industrial homework, the rate of compensation and any other
information known to the homeworker and pertinent to the enforcement
of this section. This information so revealed by the homeworker to
the division shall not be used by the division in any action against
or prosecution of the homeworker.



2660.5.  Every person who does industrial homework without having in
his possession a valid homeworker's permit issued to him by the
division is guilty of a misdemeanor which misdemeanor shall be
punishable for the first offense by a fine of not more than fifty
dollars ($50) and for the second offense by a fine of not more than
one hundred dollars ($100). The court may suspend such fine on
condition the industrial homeworker cooperates with the division in
the lawful prosecutions of persons violating this part and to secure
compliance with this part, or on condition the defendant refrains
from any future violation of this part.


2661.  No homeworker's permit shall be issued to any person under
the age of 16 years; or to any person suffering from an infectious,
contagious, or communicable disease, or to any person living in a
home that is not clean, sanitary, and free from infectious,
contagious, or communicable disease.



2662.  The division may revoke or suspend any homeworker's permit
upon a finding that the industrial homeworker is performing
industrial homework contrary to the conditions under which the permit
was issued or in violation of this part or has permitted any person
not holding a valid homeworker's permit to assist him in performing
industrial homework or on expiration or revocation of the industrial
homework license of the employer.



2663.  No person shall tolerate, suffer or permit any materials or
articles to be manufactured by industrial homework unless there has
been conspicuously affixed to each article or material or, if this is
impossible, to the package or other container in which such goods
are kept, a label or other mark of identification bearing the
employer's name and address, printed or written legibly in English.




2664.  (a) Any article or material which is being manufactured in a
home in violation of any provision of this part may be confiscated by
the division. Articles or material confiscated pursuant to this
section shall be placed in the custody of the division, which shall
be responsible for destroying or disposing of them pursuant to
regulations adopted under Section 2666, provided that the articles or
material shall not enter the mainstream of commerce and shall not be
offered for sale. The division shall, by certified mail, give notice
of the confiscation and the procedure for appealing the confiscation
to the person whose name and address are affixed to the article or
material as provided in this part. The notice shall state that
failure to file a written notice of appeal with the Labor
Commissioner within 15 days after service of the notice of
confiscation shall result in the destruction or disposition of the
confiscated article or material.
   (b) To contest the confiscation of articles or material, a person
shall, within 15 days after service of the notice of confiscation,
file a written notice of appeal with the Office of the Labor
Commissioner at the address that appears on the notice of
confiscation. Within 30 days after the timely filing of a notice of
appeal, the Labor Commissioner shall hold a hearing on the appeal.
The hearing shall be recorded. Based on the evidence presented at the
hearing, the Labor Commissioner may affirm, modify, or dismiss the
confiscation, and may order the return of none, some, or all of the
confiscated articles or material, under terms that the Labor
Commissioner may specify. The decision of the Labor Commissioner
shall consist of findings of fact, legal analysis, and an order. The
decision shall be served by first-class mail on all parties to the
hearing, to the last known address of the parties on file with the
Labor Commissioner, within 15 days of the conclusion of the hearing.
Service shall be complete pursuant to Section 1013 of the Code of
Civil Procedure. Judicial review shall be by petition for writ of
mandate, filed with the appropriate court, within 45 days of service
of the decision.



2665.  Every person who employs or otherwise avails himself of the
services of industrial homeworkers in this State shall:
   (a) Comply with the labor standards as provided in Chapter 1
(commencing with Section 1171) of Part 4 of Division 2 of the Labor
Code.
   (b) Keep in a manner approved by the division, accurate
information as follows:
   1. Full name and home address of each industrial homeworker
employed by him;
   2. Amount and description of materials delivered to each
industrial homeworker employed by him with date of delivery, and rate
of compensation;
   3. Gross amount of compensation paid to each industrial homeworker
employed by him and date of payment;
   4. Names and addresses of all agents or independent contractors to
whom he has delivered materials or articles for manufacture by
industrial homework together with quantity, description of materials
and date of delivery;
   5. Names and addresses of all manufacturers or independent
contractors from whom he has received articles or materials for
industrial homework together with quantity, description of materials
and date of receipt.
   (c) Furnish to the division at its request reports or information
which the division requires to carry out the provisions of this part.
Such reports and information shall be verified as requested by the
division.


2666.  The Division of Labor Standards Enforcement shall enforce the
provisions of this part. The division and the authorized
representatives of the Department of Industrial Relations are
authorized and directed to make all inspections and investigations
necessary for the enforcement of this part. Every employer shall
permit authorized employees of the division free access to his place
of business for the purpose of making investigations authorized by
this part or necessary to carry out its provisions and permit them to
inspect and copy his payroll or other records or documents relating
to the enforcement of this part, or interview his employees or
agents. The division may make, in accordance with the provisions of
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code, such rules and regulations as are
reasonably necessary to carry out the provisions of this part. The
violation of any such rule or regulation shall be deemed a violation
of this part.
   Every law enforcement officer of the state, any county,
municipality, or other government entity who has reason to suspect
any violation of this part shall have all the powers of an authorized
representative of the Department of Industrial Relations, in the
investigation of such suspected violation.



2667.  Unless otherwise provided herein, every person acting either
individually or as an officer, agent, employee or independent
contractor for another person who violates or refuses or neglects to
comply with any provision of this part, or any regulation of the
division made in accordance with the provisions of this part is
guilty of a misdemeanor.
   Whenever the provisions of this part prohibit the employment of a
person in certain work or under certain conditions, the employer
shall not knowingly permit such person to work with or without
compensation.
   The Attorney General may seek appropriate injunctive relief
consistent with, and in furtherance of the purposes of, this part.

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2670.  It is the intent of the Legislature, in enacting this part,
to establish a system of registration, penalties, confiscation,
bonding requirements, and misdemeanors for the imposition of prompt
and effective criminal and civil sanctions against violations of, and
especially patterns and practices of violations of, any of the laws
as set forth herein and regulations of this state applicable to the
employment of workers in the garment industry. The civil penalties
provided for in this part are in addition to any other penalty
provided by law. This part shall be deemed an exercise of the police
power of the state for the protection of the public welfare,
prosperity, health, safety, and peace of the people of the State of
California.



2671.  As used in this part:
   (a) "Person" means any individual, partnership, corporation,
limited liability company, or association, and includes, but is not
limited to, employers, manufacturers, jobbers, wholesalers,
contractors, subcontractors, and any other person or entity engaged
in the business of garment manufacturing.
   "Person" does not include any person who manufactures garments by
himself or herself, without the assistance of a contractor, employee,
or others; any person who engages solely in that part of the
business engaged solely in cleaning, alteration, or tailoring; any
person who engages in the activities herein regulated as an employee
with wages as his or her sole compensation; or any person as provided
by regulation.
   (b) "Garment manufacturing" means sewing, cutting, making,
processing, repairing, finishing, assembling, or otherwise preparing
any garment or any article of wearing apparel or accessories designed
or intended to be worn by any individual, including, but not limited
to, clothing, hats, gloves, handbags, hosiery, ties, scarfs, and
belts, for sale or resale by any person or any persons contracting to
have those operations performed and other operations and practices
in the apparel industry as may be identified in regulations of the
Department of Industrial Relations consistent with the purposes of
this part. The Department of Industrial Relations shall adopt, and
may from time to time amend, regulations to clarify and refine this
definition to be consistent with current and future industry
practices, but the regulations shall not limit the scope of garment
manufacturing, as defined in this subdivision.
   (c) "Commissioner" means the Labor Commissioner.
   (d) "Contractor" means any person who, with the assistance of
employees or others, is primarily engaged in sewing, cutting, making,
processing, repairing, finishing, assembling, or otherwise preparing
any garment or any article of wearing apparel or accessories
designed or intended to be worn by any individual, including, but not
limited to, clothing, hats, gloves, handbags, hosiery, ties, scarfs,
and belts, for another person. "Contractor" includes a subcontractor
that is primarily engaged in those operations.




2672.  The commissioner shall promulgate all regulations and rules
necessary to carry out the provisions of this part. The commissioner,
upon good cause, may impose, in his or her discretion, the terms of
penalties, the revocation of registrations, and the confiscation or
disposal of goods in accordance with such rules and regulations.




2673.  Every employer engaged in the business of garment
manufacturing shall keep accurate records for three years which show
all of the following:
   (a) The names and addresses of all garment workers directly
employed by such person.
   (b) The hours worked daily by employees, including the times the
employees begin and end each work period.
   (c) The daily production sheets, including piece rates.
   (d) The wage and wage rates paid each payroll period.
   (e) The contract worksheets indicating the price per unit agreed
to between the contractor and manufacturer.
   (f) The ages of all minor employees.
   (g) Any other conditions of employment.



2673.1.  (a) To ensure that employees are paid for all hours worked,
a person engaged in garment manufacturing, as defined in Section
2671, who contracts with another person for the performance of
garment manufacturing operations shall guarantee payment of the
applicable minimum wage and overtime compensation, as required by
law, that are due from that other person to its employees that
perform those operations.
   (b) Where the work of two or more persons is being performed at
the same worksite during the same payroll period, the liability of
each person under this guarantee shall be limited to his or her
proportionate share, as determined by the Labor Commissioner pursuant
to paragraph (3) or (4) of subdivision (d).
   (c) Employees may enforce this guarantee solely by filing a claim
with the Labor Commissioner against the contractor and the guarantor
or guarantors, if known, to recover unpaid wages. Guarantors whose
identity or existence is unknown at the time the claim is filed may
be added to the claim pursuant to paragraph (2) of subdivision (d).
   (d) Claims filed with the Labor Commissioner for payment of wages
pursuant to subdivision (c) shall be subject to the following
procedure:
   (1) Within 10 business days of receiving a claim pursuant
subdivision (c), the Labor Commissioner shall give written notice to
the employee, the contractor, and persons that may be guarantors of
the nature of the claim and the date of the meet-and-confer
conference on the claim. Within 10 business days of receiving the
claim, the Labor Commissioner shall issue a subpoena duces tecum
requiring the contractor to submit to the Labor Commissioner those
books and records as may be necessary to investigate the claim and
determine the identity of any potential guarantors for the payment of
the wage claim, including, but not limited to, invoices for work
performed for any and all persons during the period included in the
claim. Compliance with such a request for books and records, within
10 days of the mailing of the notice, shall be a condition of
continued registration pursuant to Section 2675. At the request of
any party, the Labor Commissioner shall provide to that party copies
of all books and records received by the Labor Commissioner in
conducting its investigation.
   (2) Within 30 days of receiving a claim pursuant to subdivision
(c), the Labor Commissioner shall send a notice of the claim and of
the meet-and-confer conference to any other persons who may be
guarantors with respect to the claim.
   (3) Within 60 days of receiving a claim pursuant to subdivision
(c), the Labor Commissioner shall hold a meet-and-confer conference
with the employee, the contractor, and all known potential guarantors
to attempt to resolve the claim. Prior to the meet-and-confer
conference, the Labor Commissioner shall conduct and complete an
investigation of the claim, shall make a finding and assessment of
the amount of wages owed, and shall conduct an investigation and
determine each guarantor's proportionate share of liability. The
investigation shall include, but not be limited to, interviewing the
employee and his or her witnesses and making a finding and assessment
of back wages due, if any, to the employee. An employee's claim of
hours worked and back wages due shall be presumed valid and shall be
the Labor Commissioner's assessment, unless the contractor provides
specific, compelling, and reliable written evidence to the contrary
and is able to produce records pursuant to subdivision (d) of Section
1174 or Section 2673 that are accurate and contemporaneous, itemized
wage deduction statements pursuant to Section 226, bona fide
complete and accurate payroll records, and evidence of the precise
hours worked by the employee for each pay period during the period of
the claim. If the Labor Commissioner finds falsification by the
contractor of payroll records submitted for any pay period of the
claim, any other payroll records submitted by the contractor shall be
presumed false and disregarded.
   The Labor Commissioner shall present his or her findings and
assessment of the amount of wages owed and each guarantor's
proportionate share thereof to the parties at the meet-and-confer
conference and shall make a demand for payment of the amount of the
assessment. If no resolution is reached, the Labor Commissioner
shall, at the meet-and-confer conference, set the matter for hearing
pursuant to paragraph (4). The Labor Commissioner's assessment,
pursuant to this paragraph, of the amount of back wages due is solely
for purposes of the meet-and-confer conference and shall not be
admissible or be given any weight in the hearing conducted pursuant
to paragraph (4). If the Labor Commissioner has not identified any
potential guarantors after investigation and the matter is not
resolved at the conclusion of the meet-and-confer conference, the
Commissioner shall proceed against the contractor pursuant to Section
98.
   (4) The hearing shall commence within 30 days of, and shall be
completed within 45 days of, the date of the meet-and-confer
conference. The hearing may be bifurcated, addressing first the
question of liability of the contractor and the guarantor or
guarantors, and immediately thereafter the proportionate
responsibility of the guarantors. The Labor Commissioner shall
present his or her proposed findings of the guarantor's proportionate
share at the hearing. Any party may present evidence at the hearing
to support or rebut the proposed findings. Except as provided in this
paragraph, the hearing shall be held in accordance with the
procedure set forth in subdivisions (b) to (h), inclusive, of Section
98. It is the intent of the Legislature that these hearings be
conducted in an informal setting preserving the rights of the
parties.
   (5) Within 15 days of the completion of the hearing, the Labor
Commissioner shall issue an order, decision, or award with respect to
the claim and shall file the order, decision, or award in accordance
with Section 98.1.
   (e) An employee shall be entitled to recover, from the contractor,
liquidated damages in an amount equal to the wages unlawfully
withheld, as set forth in Section 1194.2, and liquidated damages in
an amount equal to unpaid overtime compensation due. A guarantor
under subdivision (a) shall be liable for its proportionate share of
those liquidated damages if the guarantor has acted in bad faith,
including, but not limited to, failure to pay or unreasonably
delaying payment to its contractor, unreasonably reducing payment to
its contractor where it is established that the guarantor knew or
reasonably should have known that the price set for the work was
insufficient to cover the minimum wage and overtime pay owed by the
contractor, asserting frivolous defenses, or unreasonably delaying or
impeding the Labor Commissioner's investigation of the claim.
   (f) If either the contractor or guarantor refuses to pay the
assessment, and the employee prevails at the hearing, the party that
refuses to pay shall pay the employee's reasonable attorney's fees
and costs. If the employee rejects the assessment of the Labor
Commissioner and prevails at the hearing, the employer shall pay the
employee's reasonable attorney's fees and costs. The guarantor shall
be jointly and severally liable for the contractor's share of the
attorney's fees and costs awarded to an employee only if the Labor
Commissioner determines that the guarantor acted in bad faith,
including, but not limited to, failure to pay, unreasonably delaying
payment to the contractor, unreasonably reducing payment to the
contractor where it is established that the guarantor knew or
reasonably should have known that the price set for the work was
insufficient to cover the applicable minimum wage and overtime pay
owed by the contractor, asserting frivolous defenses, or unreasonably
delaying or impeding the Labor Commissioner's investigation of the
claim.
   (g) Any party shall have the right to judicial review of the
order, decision, or award of the Labor Commissioner made pursuant to
paragraph (5) of subdivision (d) as provided in Section 98.2. As a
condition precedent to filing an appeal, the contractor or the
guarantor, whichever appeals, shall post a bond with the Commissioner
in an amount equal to one and one-half times the amount of the
award. No bond shall be required of an employee filing an appeal
pursuant to Section 98.2. At the employee's request, the Labor
Commissioner shall represent the employee in the judicial review as
provided in Section 98.4.
   (h) If the contractor or guarantor appeals the order, decision, or
award of the Labor Commissioner and the employee prevails on appeal,
the court shall order the contractor or guarantor, as the case may
be, to pay the reasonable attorney's fees and costs of the employee
incurred in pursuing his or her claim. If the employee appeals the
order, decision, or award of the Labor Commissioner and the
contractor or guarantor prevails on appeal, the court may order the
employee to pay the reasonable attorney's fees and costs of the
contractor employer or guarantor only if the court determines that
the employee acted in bad faith in bringing the claim.
   (i) The rights and remedies provided by this section do not
preclude an employee from pursuing any other rights and remedies
under any other provision of state or federal law. If a finding and
assessment is not issued as specified and within the time limits in
paragraph (3) of subdivision (d), the employee may bring a civil
action for the recovery of unpaid wages pursuant to any other rights
and remedies under any other provision of the laws of this state
unless, prior to the employee bringing the civil action, the
guarantor files a petition for writ of mandate within 10 days of the
date the assessment should have been issued. If findings and
assessments are not made, or a hearing is not commenced or an order,
decision, or award is not issued within the time limits specified in
paragraphs (4) and (5) of subdivision (d), any party may file a
petition for writ of mandate to compel the Labor Commissioner to
issue findings and assessments, commence the hearing, or issue the
order, decision, or award. All time requirements specified in this
section shall be mandatory and shall be enforceable by a writ of
mandate.
   (j) The Labor Commissioner may enforce the wage guarantee
described in this section in the same manner as a proceeding against
the contractor. The Labor Commissioner may, with or without a
complaint being filed by an employee, conduct an investigation as to
whether all the employees of persons engaged in garment manufacturing
are being paid minimum wage or overtime compensation and, with or
without the consent of the employees affected, commence a civil
action to enforce the wage guarantee. Prior to commencing such a
civil action and pursuant to rules of practice and procedure adopted
by the Labor Commissioner, the commissioner shall provide notice of
the investigation to each guarantor and employee, issue findings and
an assessment of the amount of wages due, hold a meet-and-confer
conference with the guarantors and employees to attempt to resolve
the matter, and provide for a hearing.
   (k) Except as expressly provided in this section, this section
shall not be deemed to create any new right to bring a civil action
of any kind for unpaid minimum wages, overtime pay, penalties, wage
assessments, attorney's fees, or costs against a registered garment
manufacturer based on its use of any contractor that is also a
registered garment manufacturer.
   (l) The payment of the wage guarantee provided in this section
shall not be used as a basis for finding that the registered garment
manufacturer making the payment is a joint employer, coemployer, or
single employer of any employees of a contractor that is also a
registered garment manufacturer.
   (m) The Labor Commissioner may, in his or her discretion, revoke
the registration under this part of any registrant that fails to pay,
on a timely basis, any wages awarded pursuant to this section, after
the award has become final.



2674.  The Division of Labor Standards Enforcement shall enforce
Section 2673 and Chapter 2 (commencing with Section 2675).



2674.1.  The commissioner shall appoint an advisory committee on
garment manufacturing to advise him or her of common industry
problems and to effect liaison between his or her office and various
segments of the industry. The committee shall consist of a cross
section of the industry and shall include representatives of unions,
employees, contractor associations, jobbers, and manufacturers.



2674.2.  In the annual budget submitted to the Legislature pursuant
to Section 12 of Article IV of the California Constitution, the
Governor shall include a detailed statement of the cost of regulation
and estimated revenues pursuant to the provisions of this part. The
Legislature intends that the fees established and other revenue
received pursuant to this part shall provide sufficient funds to meet
all state costs incurred pursuant to this part.

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




2675.2.  Whenever an application for renewal of registration is
received by the Labor Commissioner 30 days prior to the expiration of
the registration, and the Labor Commissioner cannot process the
application before the expiration date, the Labor Commissioner may
extend the registration for no more than 90 days if the applicant has
submitted a complete application, owes no outstanding penalties,
owes no back wages, meets all applicable bonding requirements, and
meets all other requirements for registration. Upon a showing of
extenuating circumstances, the Labor Commissioner may provide such an
extension with respect to a renewal application not received 30 or
more days prior to expiration.



2675.5.  (a) The commissioner shall deposit seventy-five dollars
($75) of each registrant's annual registration fee, required pursuant
to paragraph (5) of subdivision (a) of Section 2675, into one
separate account. Funds from the separate account shall be disbursed
by the commissioner only to persons determined by the commissioner to
have been damaged by the failure to pay wages and benefits by any
garment manufacturer, jobber, contractor, or subcontractor after
exhausting a bond, if any, to ensure the payment of wages and
benefits. Any disbursed funds subsequently recovered by the
commissioner shall be returned to the separate account.
   (b) The remainder of each registrant's annual registration fee not
deposited into the special account pursuant to subdivision (a) shall
be deposited in a subaccount and applied to costs incurred by the
commissioner in administering the provisions of Section 2673.1,
Section 2675, and this section, upon appropriation by the
Legislature.



2676.  Any person engaged in the business of garment manufacturing
who is not registered is guilty of a misdemeanor, except as provided
in subdivision (d) of Section 2678.



2676.5.  (a) Every person registered as a garment manufacturer shall
display on the front entrance of his or her business premise, and
also, if the front entrance is within the interior of a building, on
or near the main exterior entrance of the building in which his or
her business premise is located, his or her name, address, and
garment manufacturing registration number, all in letters not less
than three inches high.
   (b) The Labor Commissioner may waive the requirements of this
section if he or she finds compliance to be unfeasible due to the
design or layout of a business premise.
   (c) This section shall not apply to a showroom or a building
containing a showroom if no garment manufacturing or only incidental
garment manufacturing is conducted in the showroom or the building.
   (d) As used in this section, "showroom" means a room where
merchandise is exposed for sale or where samples are displayed.



2676.7.  Any local agency which issues business licenses or permits
shall require, as a condition of issuing any business license or
permit for a garment manufacturing business, proof that the person
applying for the license or permit is registered pursuant to this
chapter. The official Division of Labor Standards Enforcement
registration form issued pursuant to Section 2675 shall constitute
proof of registration.
   A person may apply for a business license or permit prior to
registration with the commissioner.



2677.  (a) Any person engaged in the business of garment
manufacturing who contracts with any other person similarly engaged
who has not registered with the commissioner or does not have a valid
bond on file with the commissioner, as required by Section 2675,
shall be deemed an employer, and shall be jointly liable with such
other person for any violation of Section 2675 and the sections
enumerated in that section.
   (b) Any employee of a person or persons engaged in garment
manufacturing who are not registered as required by this part may
bring a civil action against any person deemed to be an employer
pursuant to subdivision (a) to recover any wages, damages, or
penalties to which the employee may be entitled because of a
violation by the unregistered person or persons of any provision
specified in subdivision (a) of Section 2675, or may file a claim
with the Labor Commissioner pursuant to Section 2673.1. In any civil
action brought pursuant to this subdivision, the court shall grant a
prevailing plaintiff's reasonable attorney's fees and costs.



2677.5.  It shall be illegal for any person registered pursuant to
this chapter and contracting with another registrant to engage in any
business practice which causes or is likely to cause a violation of
this chapter.


2678.  (a) A penalty, as provided in subdivision (c), may be imposed
against any person for any of the following:
   (1) Failure to comply within 15 days of any judgment due for
violation of any labor laws applicable to garment industry workers.
   (2) Failure to comply with the registration requirements of this
part.
   (3) Failure to comply with Section 2673 or any section enumerated
in Section 2675.
   (b) The order imposing the penalty may be served personally or by
registered mail in accordance with subdivision (c) of Section 11505
of the Government Code. The order shall be in writing and shall
describe the nature of the violation, including reference to the
statutory provisions, rules, or regulations alleged to have been
violated.
   (c) The penalties shall be a civil penalty of one hundred dollars
($100) for each affected employee for the initial violation and a
civil penalty of two hundred dollars ($200) for each affected
employee for the second or subsequent violation.
   (d) If a person is subject to civil penalties for a violation
described in subdivision (a), but does not employ one or more
workers, the civil penalty shall be five hundred dollars ($500), and
the person shall not be guilty of a misdemeanor as specified in
Section 2676.


2679.  (a) The commissioner, in addition to any civil penalty
imposed pursuant to Section 2679, may require that as a condition of
continued registration, such employer deposit with him or her within
10 days a bond to ensure payment of wages and benefits in such sum
and form as the commissioner may deem sufficient and adequate in the
circumstances but not to exceed ten thousand dollars ($10,000). The
bond shall be payable to the commissioner and shall provide that the
employer shall pay his or her employees in accordance with the
provisions of Section 2675. In lieu of the deposit of a bond, the
commissioner, in his or her discretion, may accept other evidence of
financial security sufficient to guarantee payment of wages to
affected employees.
   (b) The commissioner, in addition to any civil penalty imposed,
shall require a bond as set forth in subdivision (a) upon any second
or subsequent violation within any two-year period. The commissioner
may revoke the registration of any person for any period ranging from
30 days to one year upon a third or subsequent violation within any
two-year period and may confiscate any garment or wearing apparel,
assembled or partially assembled, if the violation relates to minimum
wages, child labor, or maximum hours of labor. If the commissioner
does exercise the authority to confiscate upon such a third or
subsequent violation, the commissioner shall notify persons for whom
assembly is performed and shall provide for the return of such
garment owner's confiscated garments or wearing apparel upon such
assumption and satisfaction of liability for the violation.



2680.  (a) Any garment or wearing apparel, assembled or partially
assembled by or on behalf of any person who has not complied with the
registration requirements of this part, may be confiscated by the
Division of Labor Standards Enforcement. Garments and wearing apparel
confiscated pursuant to this section shall be placed in the custody
of the division, which shall be charged with the responsibility of
destroying or disposing of them pursuant to regulations adopted under
Section 2672, provided that the goods shall not enter the mainstream
of commerce and shall not be offered for sale. The division shall,
by registered mail and telephone, give notice of the removal and the
location where the confiscated goods are held in custody to the known
manufacturer and contractor.
   (b) If the person from whom garments or wearing apparel are
confiscated pursuant to subdivision (a) was providing the confiscated
garments or wearing apparel as a contractor and has previously,
within the immediately preceding five-year period, had garments or
wearing apparel confiscated pursuant to subdivision (a), the Labor
Commissioner may, in addition to the remedies set forth in
subdivision (a), confiscate the means of production, including all
manufacturing equipment and the property where the current
unregistered garment manufacturing operations have taken place. This
subdivision does not apply where nonregistration of the contractor
was due to delayed renewal of registration.
   (c) The proceeds from the sale of any equipment or property under
subdivision (b) shall be deposited into a single account in the
General Fund, to be known as the Back Wages and Taxes Account. At the
Labor Commissioner's discretion, and upon appropriation by the
Legislature, funds from that account may be disbursed to pay back
wages owed to garment workers, including, but not limited to, workers
of the unregistered contractor whose violation caused the
confiscation, and for the payment of taxes.



2680.5.  The commissioner shall have the authority to investigate
and mediate pricing and quality disputes arising out of written
contracts between manufacturers and contractors in the garment
industry.


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



2682.  Moneys recovered under this chapter shall be applied first to
payment of wages due affected employees. If insufficient funds are
withheld or recovered, the money shall be prorated among all such
workers. Any remainder shall be paid to the General Fund of the
state.



2684.  (a) The Legislature finds and declares that persons who are
primarily engaged in sewing or assembly of garments for other persons
engaged in garment manufacturing frequently close down their sewing
shops to avoid paying their employees' wages and subsequently reopen
under the conditions described in subdivision (b), and are more
likely to do so than are other types of persons engaged in garment
manufacturing.
   (b) A successor to any employer that is primarily engaged in
sewing or assembly of garments for other persons engaged in the
business of garment manufacturing, as defined by subdivision (b) of
Section 2671, that owes wages to the predecessor's former employee or
employees is liable for those wages if the successor meets any of
the following criteria:
   (1) Uses substantially the same facilities or work force to
produce substantially the same products for substantially the same
type of customers as the predecessor employer.
   (2) Shares in the ownership, management, control of labor
relations, or interrelations of business operations with the
predecessor employer.
   (3) Has in its employ in a managerial capacity any person who
directly or indirectly controlled the wages, hours, or working
conditions of the affected employees of the predecessor employer.
   (4) Is an immediate family member of any owner, partner, officer,
or director of the predecessor employer or of any person who had a
financial interest in the predecessor employer.
   This section does not impose liability upon a successor for the
guarantee of unpaid minimum wages and overtime compensation set forth
in subdivision (a) or (b) of Section 2673.1.

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2685.  The commissioner shall establish, in accordance with the
provisions of this chapter, procedures for mandatory arbitration of
pricing and product quality disputes arising out of written contracts
between manufacturers and contractors.




2686.  Upon the written request of any manufacturer or contractor,
the Conciliation Service of the Department of Industrial Relations
shall notify the other party to the dispute of the request for
arbitration and shall, within seven days of receipt of the request,
appoint an arbitration panel to hear and render a decision regarding
the dispute. The panel shall be constituted as follows:
   (a) A management level representative from a manufacturer in the
general geographic area in which the dispute arises, provided that
insofar as possible the manufacturer shall not be a direct competitor
of the manufacturer involved in the dispute to be arbitrated. This
panel member also shall be selected in accordance with the terms of
the written contract.
   (b) A representative from the contractors' association whose
membership encompasses the general geographic area in which the
dispute arises. This panel member also shall be selected in
accordance with the terms of the written contract.
   (c) A third party to be chosen and agreed upon by the first two
parties to the dispute from a list of arbitrators provided by the
American Arbitration Association. This party shall act as chairperson
of the panel.



2687.  Within seven days of appointment, the chairperson of the
panel shall notify the parties in writing of the date, time, and
location of the hearing before the panel. The hearing date shall be
scheduled no later than 21 days after the filing of the request for
arbitration, provided, however, that each party shall have no less
than five days notice prior to the hearing date.



2688.  On the date and time specified in the hearing notice, the
chairperson shall convene the hearing and shall determine whether
each party is represented. If neither party is represented, the
arbitration shall be terminated, with costs assigned to the party
requesting arbitration, and the parties shall forfeit any further
rights under this section relating to the dispute for which
arbitration was requested. In the event only one party is in
attendance, the arbitration shall proceed and the panel shall make
its award based upon the evidence presented. Appearance at the
hearing by a party shall be deemed to waive any alleged defect in
notice.



2689.  To facilitate the conduct of the hearing, the following
procedures shall govern:
   (a) Upon good cause shown by a party, the chairperson shall be
empowered to issue subpoenae duces tecum and ad testificandum.
   (b) Each party may be represented by an attorney at the party's
own expense.
   (c) The formal rules of evidence shall not be applicable, but any
relevant evidence shall be admitted if it is evidence upon which
responsible persons would rely in the conduct of serious business
affairs.
   (d) All testimony shall be taken under oath.
   (e) No formal written records shall be kept unless one or both
parties agree to employ at their own expense a qualified court
reporter for that purpose. In such case, a copy of the record shall
be provided to the panel and a copy shall be made available to the
other party at the standard cost for such additional copies.
   (f) Those in attendance at the hearing shall be limited to the
panel, the parties and their counsel, a court reporter, interpreters
when requested by a party or the panel, and witnesses while
testifying.
   (g) Upon the request of a panel member, the panel may allow a
period, not to exceed three days following the conclusion of the
hearing, during which time a party may submit otherwise admissible
evidence not available during the course of the hearing.



2690.  Within 15 days after the conclusion of the hearing, the panel
shall make a written award, which shall determine all questions
submitted for arbitration. All decisions of the panel shall be by
majority vote and the award shall be signed by the members concurring
therein. The panel immediately shall provide written notice of the
award to the parties and to the commissioner.



2691.  Within 10 days of receipt of notice of the award, the party
or parties who are required to comply with the terms of the award
shall so comply and file proof of such compliance with the
commissioner or shall file a notice of appeal with the superior court
for the county in which the hearing was held. Upon the filing of
such an appeal, a trial de novo shall be held, provided, however,
that the decision reached by the panel as stated in the award shall
be received as evidence by the trial court.



2692.  The basic costs of the arbitration proceeding, including
interpreters requested by the panel, shall be borne equally by all
parties to the proceeding, provided, however, that the panel may as a
part of its award impose all such costs on the party requesting
arbitration if a majority of the panel determines that the matter
brought before it was frivolous. In addition, in the case of a
frivolous claim the panel may impose upon the party requesting
arbitration the costs of translators, court reporters, and reasonable
attorneys fees incurred by the other party.

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2695.1.  (a) In enacting this legislation, it is the intent of the
Legislature to codify certain labor protections that should be
afforded to sheepherders, as defined. The provisions of this section
are in addition to, and are entirely independent from, any other
statutory or legal protections, rights, or remedies that are or may
be available under this code or any other state law or regulation to
sheepherders either as individuals, employees, or persons.
   (b) All terms used in this section and in Section 2695.2 have the
meanings assigned to them by this code or any other state law or
regulation.


2695.2.  (a) (1) For a sheepherder employed on a regularly scheduled
24-hour shift on a seven-day-a-week "on-call" basis, an employer
may, as an alternative to paying the minimum wage for all hours
worked, instead pay no less than the monthly minimum wage adopted by
the Industrial Welfare Commission on April 24, 2001. Any sheepherder
who performs nonsheepherding, nonagricultural work on any workday
shall be fully covered for that workweek by the provisions of any
applicable laws or regulations relating to that work.
   (2) After July 1, 2002, the amount of the monthly minimum wage
permitted under paragraph (1) shall be increased each time that the
state minimum wage is increased and shall become effective on the
same date as any increase in the state minimum wage. The amount of
the increase shall be determined by calculating the percentage
increase of the new rate over the previous rate, and then by applying
the same percentage increase to the minimum monthly wage rate.
   (b) (1) When tools or equipment are required by the employer or
are necessary to the performance of a job, the tools and equipment
shall be provided and maintained by the employer, except that a
sheepherder whose wages are at least two times the minimum wage
provided herein, or if paid on a monthly basis, at least two times
the monthly minimum wage, may be required to provide and maintain
handtools and equipment customarily required by the trade or craft.
   (2) A reasonable deposit may be required as security for the
return of the items furnished by the employer under provisions of
paragraph (1) upon issuance of a receipt to the sheepherder for the
deposit. The deposits shall be made pursuant to Article 2 (commencing
with Section 400) of Chapter 3. Alternatively, with the prior
written authorization of the sheepherder, an employer may deduct from
the sheepherder's last check the cost of any item furnished pursuant
to paragraph (1) when the item is not returned. No deduction shall
be made at any time for normal wear and tear. All items furnished by
the employer shall be returned by the sheepherder upon completion of
the job.
   (c) No employer of sheepherders shall employ a sheepherder for a
work period of more than five hours without a meal period of no less
than 30 minutes, except that when a work period of not more than six
hours will complete a day's work, the meal period may be waived by
the mutual consent of the employer and the sheepherder. An employer
may be relieved of this obligation if a meal period of 30 minutes
cannot reasonably be provided because no one is available to relieve
a sheepherder tending flock alone on that day. Where a meal period of
30 minutes can be provided but not without interruption, a
sheepherder shall be allowed to complete the meal period during that
day.
   (d) To the extent practicable, every employer shall authorize and
permit all sheepherders to take rest periods. The rest period,
insofar as is practicable, shall be in the middle of each work
period. The authorized rest times shall be based on the total hours
worked daily at the rate of 10 minutes net rest time per four hours,
or major fraction thereof, of work. However, a rest period need not
be authorized for sheepherders whose total daily worktime is less
than three and one-half hours.
   (e) When the nature of the work reasonably permits the use of
seats, suitable seats shall be provided for sheepherders working on
or at a machine.
   (f) After January 1, 2003, during times when a sheepherder is
lodged in mobile housing units where it is feasible to provide
lodging that meets the minimum standards established by this section
because there is practicable access for mobile housing units, the
lodging provided shall include at a minimum all of the following:
   (1) Toilets and bathing facilities, which may include portable
toilets and portable shower facilities.
   (2) Heating.
   (3) Inside lighting.
   (4) Potable hot and cold water.
   (5) Adequate cooking facilities and utensils.
   (6) A working refrigerator, which may include a butane or propane
gas refrigerator, or for no more than a one-week period during which
a nonworking refrigerator is repaired or replaced, a means of
refrigerating perishable food items, which may include ice chests,
provided that ice is delivered to the sheepherder, as needed, to
maintain a continuous temperature required to retard spoilage and
ensure food safety.
   (g) After January 1, 2003, all sheepherders shall be provided with
all of the following at each worksite:
   (1) Regular mail service.
   (2) A means of communication through telephone or radio solely for
use in a medical emergency affecting the sheepherder or for an
emergency relating to the herding operation. If the means of
communication is provided by telephone, the sheepherder may be
charged for the actual cost of nonemergency telephone use. Nothing in
this subdivision shall preclude an employer from providing
additional means of communication to the sheepherder which are
appropriate because telephones or radios are out of range or
otherwise inoperable.
   (3) Visitor access to the housing.
   (4) Upon request and to the extent practicable, access to
transportation to and from the nearest locale where shopping,
medical, or cultural facilities and services are available on a
weekly basis.
   (h) In addition to any other civil penalties provided by law, any
employer or any other person acting on behalf of the employer who
violates or causes to be violated the provisions of this section
shall be subject to a civil penalty, as follows:
   (1) For the initial violation, fifty dollars ($50) for each
underpaid employee for each pay period during which the employee was
underpaid, plus an amount sufficient to recover the unpaid wages.
   (2) For any subsequent violation, one hundred dollars ($100) for
each underpaid employee for each pay period during which the employee
was underpaid, plus an amount sufficient to recover the unpaid
wages.
   (3) The affected employee shall receive payment of all wages
recovered.
   (i) If the application of any provision of any subdivision,
sentence, clause, phrase, word, or portion of this legislation is
held invalid, unconstitutional, unauthorized, or prohibited by
statute, the remaining provisions thereof shall not be affected and
shall continue to be given full force and effect as if the part held
invalid or unconstitutional had not been included.
   (j) Every employer of sheepherders shall post a copy of this part
in an area frequented by sheepherders where it may be easily read
during the workday. Where the location of work or other conditions
make posting impractical, every employer shall make a copy of this
part available to sheepherders upon request. Copies of this part
shall be posted and made available in a language understood by the
sheepherder. An employer is deemed to have complied with this
subdivision if he or she posts where practical, or makes available
upon request where posting is impractical, a copy of the Industrial
Welfare Commission Order 14-2001, as adopted on April 24, 2001,
relating to sheepherders, provided that the posted material includes
a sufficient summary of each of the provisions of this part.

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2698.  This part shall be known and may be cited as the Labor Code
Private Attorneys General Act of 2004.



2699.  (a) Notwithstanding any other provision of law, any provision
of this code that provides for a civil penalty to be assessed and
collected by the Labor and Workforce Development Agency or any of its
departments, divisions, commissions, boards, agencies, or employees,
for a violation of this code, may, as an alternative, be recovered
through a civil action brought by an aggrieved employee on behalf of
himself or herself and other current or former employees pursuant to
the procedures specified in Section 2699.3.
   (b) For purposes of this part, "person" has the same meaning as
defined in Section 18.
   (c) For purposes of this part, "aggrieved employee" means any
person who was employed by the alleged violator and against whom one
or more of the alleged violations was committed.
   (d) For purposes of this part, "cure" means that the employer
abates each violation alleged by any aggrieved employee, the employer
is in compliance with the underlying statutes as specified in the
notice required by this part, and any aggrieved employee is made
whole.
   (e) (1) For purposes of this part, whenever the Labor and
Workforce Development Agency, or any of its departments, divisions,
commissions, boards, agencies, or employees, has discretion to assess
a civil penalty, a court is authorized to exercise the same
discretion, subject to the same limitations and conditions, to assess
a civil penalty.
   (2) In any action by an aggrieved employee seeking recovery of a
civil penalty available under subdivision (a) or (f), a court may
award a lesser amount than the maximum civil penalty amount specified
by this part if, based on the facts and circumstances of the
particular case, to do otherwise would result in an award that is
unjust, arbitrary and oppressive, or confiscatory.
   (f) For all provisions of this code except those for which a civil
penalty is specifically provided, there is established a civil
penalty for a violation of these provisions, as follows:
   (1) If, at the time of the alleged violation, the person does not
employ one or more employees, the civil penalty is five hundred
dollars ($500).
   (2) If, at the time of the alleged violation, the person employs
one or more employees, the civil penalty is one hundred dollars
($100) for each aggrieved employee per pay period for the initial
violation and two hundred dollars ($200) for each aggrieved employee
per pay period for each subsequent violation.
   (3) If the alleged violation is a failure to act by the Labor and
Workplace Development Agency, or any of its departments, divisions,
commissions, boards, agencies, or employees, there shall be no civil
penalty.
   (g) (1) Except as provided in paragraph (2), an aggrieved employee
may recover the civil penalty described in subdivision (f) in a
civil action pursuant to the procedures specified in Section 2699.3
filed on behalf of himself or herself and other current or former
employees against whom one or more of the alleged violations was
committed. Any employee who prevails in any action shall be entitled
to an award of reasonable attorney's fees and costs. Nothing in this
part shall operate to limit an employee's right to pursue or recover
other remedies available under state or federal law, either
separately or concurrently with an action taken under this part.
   (2) No action shall be brought under this part for any violation
of a posting, notice, agency reporting, or filing requirement of this
code, except where the filing or reporting requirement involves
mandatory payroll or workplace injury reporting.
   (h) No action may be brought under this section by an aggrieved
employee if the agency or any of its departments, divisions,
commissions, boards, agencies, or employees, on the same facts and
theories, cites a person within the timeframes set forth in Section
2699.3 for a violation of the same section or sections of the Labor
Code under which the aggrieved employee is attempting to recover a
civil penalty on behalf of himself or herself or others or initiates
a proceeding pursuant to Section 98.3.
   (i) Except as provided in subdivision (j), civil penalties
recovered by aggrieved employees shall be distributed as follows: 75
percent to the Labor and Workforce Development Agency for enforcement
of labor laws and education of employers and employees about their
rights and responsibilities under this code, to be continuously
appropriated to supplement and not supplant the funding to the agency
for those purposes; and 25 percent to the aggrieved employees.
   (j) Civil penalties recovered under paragraph (1) of subdivision
(f) shall be distributed to the Labor and Workforce Development
Agency for enforcement of labor laws and education of employers and
employees about their rights and responsibilities under this code, to
be continuously appropriated to supplement and not supplant the
funding to the agency for those purposes.
   (k) Nothing contained in this part is intended to alter or
otherwise affect the exclusive remedy provided by the workers'
compensation provisions of this code for liability against an
employer for the compensation for any injury to or death of an
employee arising out of and in the course of employment.
   (l) The superior court shall review and approve any penalties
sought as part of a proposed settlement agreement pursuant to this
part.
   (m) This section shall not apply to the recovery of administrative
and civil penalties in connection with the workers' compensation law
as contained in Division 1 (commencing with Section 50) and Division
4 (commencing with Section 3200), including, but not limited to,
Sections 129.5 and 132a.
   (n) The agency or any of its departments, divisions, commissions,
boards, or agencies may promulgate regulations to implement the
provisions of this part.


2699.3.  (a) A civil action by an aggrieved employee pursuant to
subdivision (a) or (f) of Section 2699 alleging a violation of any
provision listed in Section 2699.5 shall commence only after the
following requirements have been met:
   (1) The aggrieved employee or representative shall give written
notice by certified mail to the Labor and Workforce Development
Agency and the employer of the specific provisions of this code
alleged to have been violated, including the facts and theories to
support the alleged violation.
   (2) (A) The agency shall notify the employer and the aggrieved
employee or representative by certified mail that it does not intend
to investigate the alleged violation within 30 calendar days of the
postmark date of the notice received pursuant to paragraph (1). Upon
receipt of that notice or if no notice is provided within 33 calendar
days of the postmark date of the notice given pursuant to paragraph
(1), the aggrieved employee may commence a civil action pursuant to
Section 2699.
   (B) If the agency intends to investigate the alleged violation, it
shall notify the employer and the aggrieved employee or
representative by certified mail of its decision within 33 calendar
days of the postmark date of the notice received pursuant to
paragraph (1). Within 120 calendar days of that decision, the agency
may investigate the alleged violation and issue any appropriate
citation. If the agency determines that no citation will be issued,
it shall notify the employer and aggrieved employee of that decision
within five business days thereof by certified mail. Upon receipt of
that notice or if no citation is issued by the agency within the
158-day period prescribed by subparagraph (A) and this subparagraph
or if the agency fails to provide timely or any notification, the
aggrieved employee may commence a civil action pursuant to Section
2699.
   (C) Notwithstanding any other provision of law, a plaintiff may as
a matter of right amend an existing complaint to add a cause of
action arising under this part at any time within 60 days of the time
periods specified in this part.
   (b) A civil action by an aggrieved employee pursuant to
subdivision (a) or (f) of Section 2699 alleging a violation of any
provision of Division 5 (commencing with Section 6300) other than
those listed in Section 2699.5 shall commence only after the
following requirements have been met:
   (1) The aggrieved employee or representative shall give notice by
certified mail to the Division of Occupational Safety and Health and
the employer, with a copy to the Labor and Workforce Development
Agency, of the specific provisions of Division 5 (commencing with
Section 6300) alleged to have been violated, including the facts and
theories to support the alleged violation.
   (2) (A) The division shall inspect or investigate the alleged
violation pursuant to the procedures specified in Division 5
(commencing with Section 6300).
   (i) If the division issues a citation, the employee may not
commence an action pursuant to Section 2699. The division shall
notify the aggrieved employee and employer in writing within 14
calendar days of certifying that the employer has corrected the
violation.
   (ii) If by the end of the period for inspection or investigation
provided for in Section 6317, the division fails to issue a citation
and the aggrieved employee disputes that decision, the employee may
challenge that decision in the superior court. In such an action, the
superior court shall follow precedents of the Occupational Safety
and Health Appeals Board. If the court finds that the division should
have issued a citation and orders the division to issue a citation,
then the aggrieved employee may not commence a civil action pursuant
to Section 2699.
   (iii) A complaint in superior court alleging a violation of
Division 5 (commencing with Section 6300) other than those listed in
Section 2699.5 shall include therewith a copy of the notice of
violation provided to the division and employer pursuant to paragraph
(1).
   (iv) The superior court shall not dismiss the action for
nonmaterial differences in facts or theories between those contained
in the notice of violation provided to the division and employer
pursuant to paragraph (1) and the complaint filed with the court.
   (B) If the division fails to inspect or investigate the alleged
violation as provided by Section 6309, the provisions of subdivision
(c) shall apply to the determination of the alleged violation.
   (3) (A) Nothing in this subdivision shall be construed to alter
the authority of the division to permit long-term abatement periods
or to enter into memoranda of understanding or joint agreements with
employers in the case of long-term abatement issues.
   (B) Nothing in this subdivision shall be construed to authorize an
employee to file a notice or to commence a civil action pursuant to
Section 2699 during the period that an employer has voluntarily
entered into consultation with the division to ameliorate a condition
in that particular worksite.
   (C) An employer who has been provided notice pursuant to this
section may not then enter into consultation with the division in
order to avoid an action under this section.
   (4) The superior court shall review and approve any proposed
settlement of alleged violations of the provisions of Division 5
(commencing with Section 6300) to ensure that the settlement
provisions are at least as effective as the protections or remedies
provided by state and federal law or regulation for the alleged
violation. The provisions of the settlement relating to health and
safety laws shall be submitted to the division at the same time that
they are submitted to the court. This requirement shall be construed
to authorize and permit the division to comment on those settlement
provisions, and the court shall grant the division's commentary the
appropriate weight.
   (c) A civil action by an aggrieved employee pursuant to
subdivision (a) or (f) of Section 2699 alleging a violation of any
provision other than those listed in Section 2699.5 or Division 5
(commencing with Section 6300) shall commence only after the
following requirements have been met:
   (1) The aggrieved employee or representative shall give written
notice by certified mail to the Labor and Workforce Development
Agency and the employer of the specific provisions of this code
alleged to have been violated, including the facts and theories to
support the alleged violation.
   (2) (A) The employer may cure the alleged violation within 33
calendar days of the postmark date of the notice. The employer shall
give written notice by certified mail within that period of time to
the aggrieved employee or representative and the agency if the
alleged violation is cured, including a description of actions taken,
and no civil action pursuant to Section 2699 may commence. If the
alleged violation is not cured within the 33-day period, the employee
may commence a civil action pursuant to Section 2699.
   (B) No employer may avail himself or herself of the notice and
cure provisions of this subdivision more than three times in a
12-month period for the same violation or violations contained in the
notice, regardless of the location of the worksite.
   (3) If the aggrieved employee disputes that the alleged violation
has been cured, the aggrieved employee or representative shall
provide written notice by certified mail, including specified grounds
to support that dispute, to the employer and the agency. Within 17
calendar days of the postmark date of that notice, the agency shall
review the actions taken by the employer to cure the alleged
violation, and provide written notice of its decision by certified
mail to the aggrieved employee and the employer. The agency may grant
the employer three additional business days to cure the alleged
violation. If the agency determines that the alleged violation has
not been cured or if the agency fails to provide timely or any
notification, the employee may proceed with the civil action pursuant
to Section 2699. If the agency determines that the alleged violation
has been cured, but the employee still disagrees, the employee may
appeal that determination to the superior court.
   (d) The periods specified in this section are not counted as part
of the time limited for the commencement of the civil action to
recover penalties under this part.



2699.5.  The provisions of subdivision (a) of Section 2699.3 apply
to any alleged violation of the following provisions: subdivision (k)
of Section 96, Sections 98.6, 201, 201.3, 201.5, 201.7, 202, 203,
203.1, 203.5, 204, 204a, 204b, 204.1, 204.2, 205, 205.5, 206, 206.5,
208, 209, and 212, subdivision (d) of Section 213, Sections 221, 222,
222.5, 223, and 224, subdivision (a) of Section 226, Sections 226.7,
227, 227.3, 230, 230.1, 230.2, 230.3, 230.4, 230.7, 230.8, and 231,
subdivision (c) of Section 232, subdivision (c) of Section 232.5,
Sections 233, 234, 351, 353, and 403, subdivision (b) of Section 404,
Sections 432.2, 432.5, 432.7, 435, 450, 510, 511, 512, 513, 551,
552, 601, 602, 603, 604, 750, 751.8, 800, 850, 851, 851.5, 852, 921,
922, 923, 970, 973, 976, 1021, 1021.5, 1025, 1026, 1101, 1102,
1102.5, and 1153, subdivisions (c) and (d) of Section 1174, Sections
1194, 1197, 1197.1, 1197.5, and 1198, subdivision (b) of Section
1198.3, Sections 1199, 1199.5, 1290, 1292, 1293, 1293.1, 1294,
1294.1, 1294.5, 1296, 1297, 1298, 1301, 1308, 1308.1, 1308.7, 1309,
1309.5, 1391, 1391.1, 1391.2, 1392, 1683, and 1695, subdivision (a)
of Section 1695.5, Sections 1695.55, 1695.6, 1695.7, 1695.8, 1695.9,
1696, 1696.5, 1696.6, 1697.1, 1700.25, 1700.26, 1700.31, 1700.32,
1700.40, and 1700.47, paragraphs (1), (2), and (3) of subdivision (a)
of, and subdivision (e) of, Section 1701.4, subdivision (a) of
Section 1701.5, Sections 1701.8, 1701.10, 1701.12, 1735, 1771, 1774,
1776, 1777.5, 1811, 1815, 2651, and 2673, subdivision (a) of Section
2673.1, Sections 2695.2, 2800, 2801, 2802, 2806, and 2810,
subdivision (b) of Section 2929, and Sections 3095, 6310, 6311, and
6399.7.

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2700.  The provisions of this division shall not limit, change, or
in any way qualify the provisions of Divisions 4 and 4.5 of this
code, but shall be fully operative and effective in all cases where
the provisions of Divisions 4 and 4.5 are not applicable.

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2850.  One who, without consideration, undertakes to do a service
for another, is not bound to perform the same but if he actually
enters upon its performance, he shall use at least slight care and
diligence therein.


2851.  One who, by his own special request, induces another to
intrust him with the performance of a service, shall perform the same
fully. In other cases, one who undertakes a gratuitous service may
relinquish it at any time.


2852.  A gratuitous employee, who accepts a written power of
attorney, shall act under it so long as it remains in force, or until
he gives notice to his employer that he will not do so.



2853.  One who is employed at his own request to do that which is
more for his own advantage than for that of his employer, shall use
great care and diligence therein to protect the interest of the
employer.


2854.  One who, for a good consideration, agrees to serve another,
shall perform the service, and shall use ordinary care and diligence
therein, so long as he is thus employed.



2855.  (a) Except as otherwise provided in subdivision (b), a
contract to render personal service, other than a contract of
apprenticeship as provided in Chapter 4 (commencing with Section
3070), may not be enforced against the employee beyond seven years
from the commencement of service under it. Any contract, otherwise
valid, to perform or render service of a special, unique, unusual,
extraordinary, or intellectual character, which gives it peculiar
value and the loss of which cannot be reasonably or adequately
compensated in damages in an action at law, may nevertheless be
enforced against the person contracting to render the service, for a
term not to exceed seven years from the commencement of service under
it. If the employee voluntarily continues to serve under it beyond
that time, the contract may be referred to as affording a presumptive
measure of the compensation.
   (b) Notwithstanding subdivision (a):
   (1) Any employee who is a party to a contract to render personal
service in the production of phonorecords in which sounds are first
fixed, as defined in Section 101 of Title 17 of the United States
Code, may not invoke the provisions of subdivision (a) without first
giving written notice to the employer in accordance with Section 1020
of the Code of Civil Procedure, specifying that the employee from
and after a future date certain specified in the notice will no
longer render service under the contract by reason of subdivision
(a).
   (2) Any party to a contract described in paragraph (1) shall have
the right to recover damages for a breach of the contract occurring
during its term in an action commenced during or after its term, but
within the applicable period prescribed by law.
   (3) If a party to a contract described in paragraph (1) is, or
could contractually be, required to render personal service in the
production of a specified quantity of the phonorecords and fails to
render all of the required service prior to the date specified in the
notice provided in paragraph (1), the party damaged by the failure
shall have the right to recover damages for each phonorecord as to
which that party has failed to render service in an action that,
notwithstanding paragraph (2), shall be commenced within 45 days
after the date specified in the notice.



2856.  An employee shall substantially comply with all the
directions of his employer concerning the service on which he is
engaged, except where such obedience is impossible or unlawful, or
would impose new and unreasonable burdens upon the employee.




2857.  An employee shall perform his service in conformity to the
usage of the place of performance, unless otherwise directed by his
employer, or unless it is impracticable or manifestly injurious to
his employer to do so.


2858.  An employee is bound to exercise a reasonable degree of
skill, unless his employer has notice, before employing him, of his
want of skill.


2859.  An employee is always bound to use such skill as he
possesses, so far as the same is required, for the service specified.



2860.  Everything which an employee acquires by virtue of his
employment, except the compensation which is due to him from his
employer, belongs to the employer, whether acquired lawfully or
unlawfully, or during or after the expiration of the term of his
employment.



2861.  An employee shall, on demand, render to his employer just
accounts of all his transactions in the course of his service, as
often as is reasonable, and shall, without demand, give prompt notice
to his employer of everything which he receives for the account of
the employer.



2862.  An employee who receives anything on account of his employer,
in any capacity other than that of a mere servant, is not bound to
deliver it to the employer until demanded, and is not at liberty to
send it to the employer from a distance, without demand, in any mode
involving greater risk than its retention by the employee himself.




2863.  An employee who has any business to transact on his own
account, similar to that intrusted to him by his employer, shall
always give the preference to the business of the employer.



2864.  An employee who is expressly authorized to employ a
substitute is liable to his principal only for want of ordinary care
in his selection. The substitute is directly responsible to the
principal.


2865.  An employee who is guilty of a culpable degree of negligence
is liable to his employer for the damage thereby caused to the
employer. The employer is liable to the employee if the service is
not gratuitous, for the value of the services only as are properly
rendered.



2866.  Where service is to be rendered by two or more persons
jointly, and one of them dies, the survivor shall act alone, if the
service to be rendered is such as he can rightly perform without the
aid of the deceased person, but not otherwise.

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2870.  (a) Any provision in an employment agreement which provides
that an employee shall assign, or offer to assign, any of his or her
rights in an invention to his or her employer shall not apply to an
invention that the employee developed entirely on his or her own time
without using the employer's equipment, supplies, facilities, or
trade secret information except for those inventions that either:
   (1) Relate at the time of conception or reduction to practice of
the invention to the employer's business, or actual or demonstrably
anticipated research or development of the employer; or
   (2) Result from any work performed by the employee for the
employer.
   (b) To the extent a provision in an employment agreement purports
to require an employee to assign an invention otherwise excluded from
being required to be assigned under subdivision (a), the provision
is against the public policy of this state and is unenforceable.



2871.  No employer shall require a provision made void and
unenforceable by Section 2870 as a condition of employment or
continued employment. Nothing in this article shall be construed to
forbid or restrict the right of an employer to provide in contracts
of employment for disclosure, provided that any such disclosures be
received in confidence, of all of the employee's inventions made
solely or jointly with others during the term of his or her
employment, a review process by the employer to determine such issues
as may arise, and for full title to certain patents and inventions
to be in the United States, as required by contracts between the
employer and the United States or any of its agencies.



2872.  If an employment agreement entered into after January 1,
1980, contains a provision requiring the employee to assign or offer
to assign any of his or her rights in any invention to his or her
employer, the employer must also, at the time the agreement is made,
provide a written notification to the employee that the agreement
does not apply to an invention which qualifies fully under the
provisions of Section 2870. In any suit or action arising thereunder,
the burden of proof shall be on the employee claiming the benefits
of its provisions.

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2920.  Every employment is terminated by any of the following:
   (a) Expiration of its appointed term.
   (b) Extinction of its subject.
   (c) Death of the employee.
   (d) The employee's legal incapacity to act as such.



2921.  Every employment in which the power of the employee is not
coupled with an interest in its subject is terminated by notice to
the employee of either of the following:
   (a) The death of the employer.
   (b) The legal incapacity of the employer to contract.



2922.  An employment, having no specified term, may be terminated at
the will of either party on notice to the other. Employment for a
specified term means an employment for a period greater than one
month.


2923.  An employee, unless the term of his service has expired or
unless he has a right to discontinue it at any time without notice,
shall continue his service after notice of the death or incapacity of
his employer, so far as is necessary to protect from serious injury
the interests of the employer's successor in interest, until a
reasonable time after notice of the facts has been communicated to
such successor. The successor shall compensate the employee for such
service according to the terms of the contract of employment.



2924.  An employment for a specified term may be terminated at any
time by the employer in case of any willful breach of duty by the
employee in the course of his employment, or in case of his habitual
neglect of his duty or continued incapacity to perform it.



2925.  An employment for a specified term may be terminated by the
employee at any time in case of any wilful or permanent breach of the
obligations of his employer to him as an employee.



2926.  An employee who is not employed for a specified term and who
is dismissed by his employer is entitled to compensation for services
rendered up to the time of such dismissal.



2927.  An employee who is not employed for a specified term and who
quits the service of his employer is entitled to compensation for
services rendered up to the time of such quitting.



2928.  No deduction from the wages of an employee on account of his
coming late to work shall be made in excess of the proportionate wage
which would have been earned during the time actually lost, but for
a loss of time less than thirty minutes, a half hour's wage may be
deducted.


2929.  (a) As used in this section:
   (1) "Garnishment" means any judicial procedure through which the
wages of an employee are required to be withheld for the payment of
any debt.
   (2) "Wages" has the same meaning as that term has under Section
200.
   (b) No employer may discharge any employee by reason of the fact
that the garnishment of his wages has been threatened. No employer
may discharge any employee by reason of the fact that his wages have
been subjected to garnishment for the payment of one judgment. A
provision of a contract of employment that provides an employee with
less protection than is provided by this subdivision is against
public policy and void.
   (c) Unless the employee has greater rights under the contract of
employment, the wages of an employee who is discharged in violation
of this section shall continue until reinstatement notwithstanding
such discharge, but such wages shall not continue for more than 30
days and shall not exceed the amount of wages earned during the 30
calendar days immediately preceding the date of the levy of execution
upon the employee's wages which resulted in his discharge. The
employee shall give notice to his employer of his intention to make a
wage claim under this subdivision within 30 days after being
discharged; and, if he desires to have the Labor Commissioner take an
assignment of his wage claim, the employee shall file a wage claim
with the Labor Commissioner within 60 days after being discharged.
The Labor Commissioner may, in his discretion, take assignment of
wage claims under this subdivision as provided for in Section 96. A
discharged employee shall not be permitted to recover wages under
this subdivision if a criminal prosecution based on the same
discharge has been commenced for violation of Section 304 of the
Consumer Credit Protection Act of 1968 (15 U.S.C. Sec. 1674).
   (d) Nothing in this section affects any other rights the employee
may have against his employer.
   (e) This section is intended to aid in the enforcement of the
prohibition against discharge for garnishment of earnings provided in
the Consumer Credit Protection Act of 1968 (15 U.S.C. Secs.
1671-1677) and shall be interpreted and applied in a manner which is
consistent with the corresponding provisions of such act.

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2930.  (a) Any employer who disciplines or discharges an employee on
the basis of a shopping investigator's report of the employee's
conduct, performance, or honesty performed by a person licensed
pursuant to Chapter 11 (commencing with Section 7500) of Division 3
of the Business and Professions Code shall provide the employee with
a copy of the investigation report prior to discharging or
disciplining the employee. Where an interview occurs which might
result in the termination of an employee for dishonesty, the employee
shall be handed a copy of the latest investigation report on which
the interview was based during the course of the interview prior to
its conclusion. This section shall not be applicable if the licensee
conducting the investigation is employed exclusively and regularly by
one employer in connection with the affairs of only that employer
and where there exists an employer-employee relationship and the
entire investigation is conducted solely for such employer by such
licensee.
   (b) For purposes of this section, a "shopping investigator" is a
person who: shops in commercial, retail, and service establishments
to test integrity of sales, warehouse, stockroom, and service
personnel, and evaluates sales techniques and services rendered
customers; reviews an establishment's policies and standards to
ascertain employee performance requirements; buys merchandise, orders
food, or utilizes services to evaluate sales technique and courtesy
of employees, carries merchandise to check stand or sales counter and
observes employees during sales transaction to detect irregularities
in listing or calling prices, itemizing merchandise, or handling
cash; or delivers purchases to an agency conducting shopping
investigation service; and, following any one or more of the above
activities, writes a report of investigations for each establishment
visited.

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3070.  There is in the Division of Apprenticeship Standards the
California Apprenticeship Council, which shall be appointed by the
Governor, composed of six representatives each from employers or
employer organizations and employee organizations, that sponsor
apprenticeship programs under this chapter, respectively,
geographically selected, and of two representatives of the general
public. The Director of Industrial Relations, or his or her permanent
and best qualified designee, and the Superintendent of Public
Instruction, or his or her permanent and best qualified designee, and
the Chancellor of the California Community Colleges, or his or her
permanent and best qualified designee, shall also be members of the
California Apprenticeship Council. The chairperson shall be elected
by vote of the California Apprenticeship Council. Beginning with
appointments in 1985, three representatives each of employers and
employees, and one public representative shall serve until January
15, 1989. In 1987, three representatives each of the employers and
employees, and one public representative shall serve until January
15, 1991. Any member whose term expires on January 15, 1986, shall
continue to serve until January 15, 1987. Thereafter each member
shall serve for a term of four years. Any member appointed to fill a
vacancy occurring prior to the expiration of the term of his or her
predecessor shall be appointed for the remainder of that term. Each
member of the council shall receive the sum of one hundred dollars
($100) for each day of actual attendance at meetings of the council,
for each day of actual attendance at hearings by the council or a
committee thereof pursuant to Section 3082, and for each day of
actual attendance at meetings of other committees established by the
council and approved by the Director of Industrial Relations,
together with his or her actual and necessary traveling expenses
incurred in connection therewith.



3071.  The California Apprenticeship Council shall meet at the call
of the Director of Industrial Relations and shall aid him or her in
formulating policies for the effective administration of this
chapter.
   Thereafter, the California Apprenticeship Council shall meet
quarterly at a designated date and special meetings may be held at
the call of the chairman. The California Apprenticeship Council shall
issue rules and regulations which establish standards for minimum
wages, maximum hours, and working conditions for apprentice
agreements, hereinafter in this chapter referred to as apprenticeship
standards, which in no case shall be lower than those prescribed by
this chapter; and shall issue rules and regulations governing equal
opportunities in apprenticeship, affirmative action programs which
include women and minorities in apprenticeship, and other on-the-job
training, and criteria for selection procedures with a view
particularly toward eliminating criteria not relevant to
qualification for training employment or more stringent than is
reasonably necessary.



3072.  (a) The Director of Industrial Relations is ex officio the
Administrator of Apprenticeship and is authorized to appoint
assistants as necessary to effectuate the purposes of this chapter.
   (b) An awarding body, as defined in Section 1722, that implements
an approved labor compliance program pursuant to subdivision (b) of
Section 1771.5 may, upon mutual agreement with the Chief of the
Division of Apprenticeship Standards and at his or her discretion,
assist the director in the enforcement of Section 1777.5 through the
operation of that approved labor compliance program under the terms
and conditions prescribed by the Chief of the Division of
Apprenticeship Standards.
   (c) A contractor may appeal the result of a labor compliance
program enforcement action related to Section 1777.5 through the
procedures described in Section 1777.7.
   (d) If the involvement of the Chief of the Division of
Apprenticeship Standards in a labor compliance program enforcement
action is limited to a review of an assessment and the matter is
resolved without litigation by or against the chief, the awarding
body that has implemented the labor compliance program shall enforce
any applicable penalties, as specified in Section 1777.7, and shall
deposit any penalties and forfeitures collected in its general fund.



3073.  The Chief of the Division of Apprenticeship Standards, or his
or her duly authorized representative, shall administer the
provisions of this chapter; act as secretary of the California
Apprenticeship Council; shall foster, promote, and develop the
welfare of the apprentice and industry, improve the working
conditions of apprentices, and advance their opportunities for
profitable employment; shall ensure that selection procedures are
impartially administered to all applicants for apprenticeship; shall
gather and promptly disseminate information through apprenticeship
and training information centers; shall maintain on public file in
all high schools and field offices of the Employment Development
Department the name and location of the local area apprenticeship
committees, the filing date, and minimum requirements for application
of all registered apprenticeship programs; shall cooperate in the
development of apprenticeship programs and may advise with them on
problems affecting apprenticeship standards; shall audit all
selection and disciplinary proceedings of apprentices or prospective
apprentices; may enter joint agreements with the Employment
Development Department outreach education and employment programs,
and educational institutions on the operation of apprenticeship
information centers, including positive efforts to achieve
information on equal opportunity and affirmative action programs for
women and minorities; and shall supervise and recommend
apprenticeship agreements as to these standards and perform such
other duties associated therewith as the California Apprenticeship
Council may recommend. The chief shall coordinate the exchange, by
the California Apprenticeship Council, the apprenticeship program
sponsors, the Fair Employment and Housing Commission, community
organizations, and other interested persons, of information on
available minorities and women who may serve as apprentices.




3073.1.  (a) The division shall audit apprenticeship programs to
ensure that the program audited is complying with its standards, that
all on-the-job training is supervised by journeymen, that all
related and supplemental instruction required by the apprenticeship
standards is being provided, that all work processes in the
apprenticeship standards are being covered, and that graduates have
completed the apprenticeship program's requirements. The division
shall examine each apprenticeship program to determine whether
apprentices are graduating from the program on schedule or dropping
out and to determine whether graduates of the program have obtained
employment as journeymen. During the audit, the division shall
attempt to contact a statistically valid sample of apprentices who
have dropped out of the program prior to completion to determine the
apprentices' reasons for leaving the program. Every apprenticeship
program sponsor shall have a duty to cooperate with the division in
conducting an audit.
   (b) Audit reports shall be presented to the California
Apprenticeship Council and shall be made public, except that the
division shall not make public information that would infringe on the
privacy of individual apprentices. The division shall recommend
remedial action to correct deficiencies recognized in the audit
report, and the failure to follow division recommendations or to
correct deficiencies within a reasonable period of time shall be
grounds for withdrawing state approval of a program. Nothing shall
prevent the division from conducting more frequent or random audits
of apprenticeship programs where deficiencies have been identified.
   (c) The division shall give priority in conducting audits to
programs that have been identified as having deficiencies. The
division may conduct simplified audits for programs with fewer than
five registered apprentices.
   (d) For new and newly expanded building and construction trades
apprenticeship programs, the division shall audit each program one
year after approval of the creation or expansion of the program.
   (e) If the division finds evidence that information provided to it
by a building and construction trades apprenticeship program has
been purposefully misstated, the division shall immediately
investigate and determine whether an audit of the program is
necessary. The division shall report its investigatory findings to
the California Apprenticeship Council and make them available to the
public, except that the division shall not make public information
that would infringe upon the privacy of individual apprentices.
   (f) If the division determines that a building and construction
trades apprenticeship program has been the subject of two or more
meritorious complaints that concern the recruitment, training, or
education of apprentices within a five-year period, the division
shall schedule the program for an audit within three months of the
determination.
   (g) If the division determines that a building and construction
trades apprenticeship program that has had at least two graduating
classes has an annual apprentice completion rate below 50 percent of
the average completion rate for the applicable trade, the division
shall schedule the program for an audit within three months of the
determination.



3073.3.  It is the intent of the Legislature that the Department of
Industrial Relations will encourage greater participation for women
and ethnic minorities in apprenticeship programs.



3073.5.  The Chief of the Division of Apprenticeship Standards and
the California Apprenticeship Council shall annually report through
the Director of Industrial Relations to the Legislature and the
public on the activities of the division and the council. The report
shall contain information including, but not limited to, analyses of
the following:
   (a) The number of individuals, including numbers of women and
minorities, registered in apprenticeship programs in this state for
the current year and in each of the previous five years.
   (b) The number and percentage of apprentices, including numbers
and percentages of minorities and women, registered in each
apprenticeship program having five or more apprentices, and the
percentage of those apprentices who have completed their programs
successfully in the current year and in each of the previous five
years.
   (c) Remedial actions taken by the division to assist those
apprenticeship programs having difficulty in achieving affirmative
action goals or having very low completion rates.
   (d) The number of disputed issues with respect to individual
apprenticeship agreements submitted to the Administrator of
Apprenticeship for determination and the number of those issues
resolved by the council on appeal.
   (e) The number of apprenticeship program applications received by
the division, the number approved, the number denied and the reason
for those denials, the number being reviewed, and deficiencies, if
any, with respect to those program applications being reviewed.
   (f) The number of apprenticeship programs, approved by the
Division of Apprenticeship Standards, that are disapproved by the
California Apprenticeship Council, and the reasons for those
disapprovals.


3074.  The preparation of trade analyses and development of
curriculum for instruction, and the administration and supervision of
related and supplemental instruction for apprentices, coordination
of instruction with job experiences, and the selection and training
of teachers and coordinators for this instruction shall be the
responsibility of, and shall be provided by, state and local boards
responsible for vocational education upon agreement with the program
sponsor. This responsibility shall not preclude the establishment of
off-campus related and supplemental instruction when approved,
developed, and operated in cooperation with state and local school
boards responsible for vocational education, and when the instruction
meets all other requirements of this chapter. It is the intent of
this chapter that the instruction shall be made available to
apprentices through classroom instruction, correspondence courses,
self-study or other means of instruction approved by state and local
public education agencies authorized to provide vocational education.
   Pursuant to this chapter all excess costs incurred by local public
education agencies exceeding state apportionments and local revenue
earned by the attendance of apprentices shall be payable by the
program sponsor, upon joint agreement between the sponsor and the
local education agency. The State Board of Education and the Board of
Governors of the California Community Colleges, and the Division of
Apprenticeship Standards shall jointly issue regulations regarding
calculation and payment provisions of excess costs to be borne by the
program sponsors. All funds accrued by local education agencies from
attendance in apprenticeship classes authorized by this section
shall be expended or allocated for all such classes offered by the
local education agency before excess costs may be claimed.
   The Department of Education and the Board of Governors of the
California Community Colleges may provide related and supplemental
instruction to isolated apprentices as a direct instructional
service, on a contractual basis with local school districts, by
correspondence, or by a combination of these means. For the purpose
of this section, an isolated apprentice is an apprentice registered
with the Division of Apprenticeship Standards in the Department of
Industrial Relations who cannot be enrolled in a class of related and
supplementary instruction for apprentices because of the small
number of apprentices available for an appropriate class or because
there is no existing apprenticeship program within a reasonable
travel distance.
   Interested parties may file a complaint in accordance with Section
201 of Title 8 of the Administrative Code, when a community college
or secondary education district is unable to reach agreement with
program sponsors in providing related and supplemental instruction.
In the process of securing an amicable adjustment, the administrator,
or his or her representative, shall meet with the parties involved,
including, but not limited to, the chancellor, or his or her
representative, or the Superintendent of Public Instruction, or his
or her representative.
   Community colleges, and other public school districts, shall
refuse to provide related and supplemental instruction to an
apprenticeship program when it is determined by the Administrator of
Apprenticeship that the program sponsor has been found to be in
noncompliance with the State of California Plan for Equal Opportunity
in Apprenticeship.



3074.1.  In compliance with the affirmative action requirements of
California's plan for equal opportunity in apprenticeship, school
districts maintaining high schools, community colleges districts, and
apprenticeship program sponsors, shall provide students with
information as to the availability of apprenticeship programs.




3074.3.  In providing related and supplemental instruction pursuant
to Section 3074, and notwithstanding any provisions of the Education
Code, the Superintendent of Public Instruction and the Chancellor of
the California Community Colleges shall recognize registration in an
apprenticeship program approved by the Division of Apprenticeship
Standards in the Department of Industrial Relations as an acceptable
prerequisite to enrollment into such related and supplemental
classes.



3074.7.  Notwithstanding any other provision of law, the governing
board of a school district which offers classroom instruction in
postgraduate and upgrading courses pursuant to subdivision (d) of
Section 3093 of this code may impose a fee upon individuals receiving
instruction in such postgraduate and upgrading courses. Such fee
shall be not more than the amount necessary, as determined by the
governing board, to cover the total cost of all such classroom
instruction given the individuals.



3075.  (a) An apprenticeship program may be administered by a joint
apprenticeship committee, unilateral management or labor
apprenticeship committee, or an individual employer. Programs may be
approved by the chief in any trade in the state or in a city or trade
area, whenever the apprentice training needs justify the
establishment. Where a collective bargaining agreement exists, a
program shall be jointly sponsored unless either party to the
agreement waives its right to representation in writing. Joint
apprenticeship committees shall be composed of an equal number of
employer and employee representatives.
   (b) For purposes of this section, the apprentice training needs in
the building and construction trades shall be deemed to justify the
approval of a new apprenticeship program only if any of the following
conditions are met:
   (1) There is no existing apprenticeship program approved under
this chapter serving the same craft or trade and geographic area.
   (2) Existing apprenticeship programs approved under this chapter
that serve the same craft or trade and geographic area do not have
the capacity, or neglect or refuse, to dispatch sufficient
apprentices to qualified employers at a public works site who are
willing to abide by the applicable apprenticeship standards.
   (3) Existing apprenticeship programs approved under this chapter
that serve the same trade and geographic area have been identified by
the California Apprenticeship Council as deficient in meeting their
obligations under this chapter.
   (c) Notwithstanding subdivision (b), the California Apprenticeship
Council may approve a new apprenticeship program if special
circumstances, as established by regulation, justify the
establishment of the program.


3075.1.  It is the public policy of this state to encourage the
utilization of apprenticeship as a form of on-the-job training, when
such training is cost-effective in developing skills needed to
perform public services. State and local public agencies shall make a
diligent effort to establish apprenticeship programs for
apprenticeable occupations in their respective work forces. In
furtherance of this policy, public agencies shall take into
consideration (a) the extent to which a continuous supply of trained
personnel is readily available to public agencies to meet their skill
requirements in the various occupations which are determined to be
apprenticeable, and (b) the application of established programs in
the private sector, where appropriate. Public sector apprenticeship
programs should be fully compatible with affirmative action goals for
the participation of minorities and women in apprenticeship
programs.


3075.5.  (a) This section applies when a building and construction
trades industry program applies to the Chief of the Division of
Apprenticeship Standards for approval of a new apprenticeship program
or for the expansion of an existing apprenticeship program into a
new occupation or geographic area. The requirements of this section
are in addition to other requirements that may be imposed by statute
or regulation.
   (b) (1) An applicant for a new or expanded apprenticeship program
under subdivision (a) shall submit to the chief a written plan that
sets out the number of new apprentices the applicant seeks to enroll
during the next five years in the new or expanded program, new
occupation, or new geographic area. The plan must include the
applicant's budget for training the new apprentices and a detailed
explanation of how the applicant intends to provide sufficient
funding to meet that budget.
   (2) The applicant shall submit to the chief a written plan
providing a reasonable timetable to obtain sufficient commitments
from employers to employ the new apprentices so as to ensure, to the
extent feasible, consistent with the rates of employment for existing
programs in good standing in the applicable trade, that the new
apprentices will be employed continuously throughout the entire term
of apprenticeship.
   (3) The applicant shall submit to the chief verifiable evidence
that the applicant has obtained, or will obtain, suitable and
adequate facilities to train the new apprentices. The chief, or his
or her representative, shall personally inspect the facilities within
six months after the final approval of the program.
   (4) The applicant shall submit to the chief a plan for the
recruitment and selection of the new apprentices. The plan shall
include advertising of the new apprenticeship opportunities within
the geographic area and outreach to organizations that promote
apprenticeship opportunities to women and underrepresented
minorities.
   (c) The chief shall not approve an application that fails to meet
any of the requirements of this section. If the chief does not
approve an application because of its failure to comply with this
section, the chief shall within 90 days provide the applicant with a
detailed explanation of the deficiencies in the application and
recommendations for addressing those deficiencies to obtain program
approval. The applicant may submit a new or amended application to
the chief within 90 days of receipt of the chief's recommendations.
The chief shall provide a detailed response to a new or amended
application within 90 days of its receipt.



3075.6.  Each building and construction trades apprenticeship
program shall provide to each apprentice, on at least a semiannual
basis, a statement showing the number of hours of on-the-job training
and related and supplemental instruction that the apprentice has
acquired toward graduation, the total number of hours of on-the-job
training and related and supplemental instruction that are necessary
for graduation, and the apprentice's expected graduation date.



3075.7.  Every building and construction trades industry
apprenticeship program shall submit apprentice registration, change
of address, graduation, and termination data to the Division of
Apprenticeship Standards on a monthly basis in an electronic format
acceptable to the division.



3076.  The function of a joint apprenticeship committee, when
specific written authority is delegated by the parent organizations
represented, shall be to establish work processes, wage rates,
working conditions for apprentices, the number of apprentices which
shall be employed in the trade under apprentice agreements, and aid
in the adjustment of apprenticeship disputes in accordance with
standards for apprenticeship set up by the California Apprenticeship
Council. Disciplinary proceedings resulting from disputes shall be
duly noticed to the involved individuals.



3076.3.  Program sponsors shall establish selection procedures which
specify minimum requirements for formal education or equivalency,
physical examination, if any, subject matter of written tests and
oral interviews, and any other criteria pertinent to the selection
process; shall specify the relative weights of all factors which
determine selection to an apprenticeship program; shall submit in
writing to the chief an official statement of each selection
procedure including the filing date and location of the program
sponsor; shall make a copy of the selection procedures available to
each applicant; shall provide in writing to each applicant not
selected an official explanation setting forth the reason or reasons
for the nonselection, copies of which shall be retained as a public
record in the files of the program sponsor for a period of five
years; and shall implement affirmative action programs for minorities
and women in accordance with the rules, regulations, and guidelines
of the California Apprenticeship Council.


3076.5.  A program sponsor may provide in its selection procedures
for an additional 10 points credit in the selection of veteran
applicants for apprenticeship.
   "Veteran," as used in this section, means a veteran who has served
in the armed forces of this country for at least 181 consecutive
days since January 31, 1955, and who has been discharged or released
under conditions other than dishonorable, but does not include any
person who served only in auxiliary or reserve components of the
armed forces whose services therein did not exempt him or her from
the operation of the Selective Training and Service Act of 1940 (54
Stat. 885).



3077.  The term "apprentice" as used in this chapter, means a person
at least 16 years of age who has entered into a written agreement,
in this chapter called an "apprentice agreement," with an employer or
program sponsor. The term of apprenticeship for each apprenticeable
occupation shall be approved by the chief, and in no case shall
provide for less than 2,000 hours of reasonably continuous employment
for such person and for his or her participation in an approved
program of training through employment and through education in
related and supplemental subjects.



3077.5.  A program sponsor administering an apprenticeship program
under this chapter shall not provide a maximum age for apprentices.



3078.  Every apprentice agreement entered into under this chapter
shall directly, or by reference, contain:
   (a) The names of the contracting parties.
   (b) The date of birth of the apprentice.
   (c) A statement of the trade, craft, or business which the
apprentice is to be taught, and the time at which the apprenticeship
will begin and end.
   (d) A statement showing the number of hours to be spent by the
apprentice in work and the learning objectives to be accomplished
through related and supplemental instruction, except as otherwise
provided under Section 3074. These exceptions shall be subject to the
appeal procedures established in Sections 3081, 3082, 3083, and
3084. A minimum of 144 hours of related and supplemental instruction
for each year of apprenticeship is recommended; however, related
instruction may be expressed in terms of units or other objectives to
be accomplished. In no case shall the combined weekly hours of work
and required related and supplemental instruction of the apprentice
exceed the maximum number of hours of work prescribed by law for a
person of the age of the apprentice.
   (e) A statement setting forth a schedule of the processes in the
trade or industry divisions in which the apprentice is to be taught
and the approximate time to be spent at each process.
   (f) A statement of the graduated scale of wages to be paid the
apprentice and whether the required schooltime shall be compensated.
   (g) A statement providing for a period of probation of not more
than 1,000 hours of employment and not more than 72 hours of related
instruction, during which time the apprentice agreement may be
terminated by the program sponsor at the request in writing of either
party, and providing that after the probationary period the
apprentice agreement may be terminated by the administrator by mutual
agreement of all parties thereto, or canceled by the administrator
for good and sufficient reason.
   (h) A provision that all controversies or differences concerning
the apprentice agreement which cannot be adjusted locally, or which
are not covered by collective-bargaining agreement, shall be
submitted to the administrator for determination as provided for in
Section 3081.
   (i) A provision that an employer who is unable to fulfill his or
her obligation under the apprentice agreement may, with approval of
the administrator, transfer the contract to any other employer if the
apprentice consents and the other employer agrees to assume the
obligation of the apprentice agreement.
   (j) Such additional terms and conditions as may be prescribed or
approved by the California Apprenticeship Council, not inconsistent
with the provisions of this chapter.
   (k) A clause providing that there shall be no liability on the
part of the other contracting party for an injury sustained by an
apprentice engaged in schoolwork at a time when the employment of the
apprentice has been temporarily or permanently terminated.




3079.  Every apprentice agreement under this chapter shall be
approved by the local joint apprenticeship committee or the parties
to a collective bargaining agreement or, subject to review by the
council, by the administrator where there is no collective bargaining
agreement or joint committee, a copy of which shall be filed with
the California Apprenticeship Council. Every apprentice agreement
shall be signed by the employer, or his or her agent, or by a program
sponsor, as provided in Section 3080, and by the apprentice, and if
the apprentice is a minor, by the minor's parent or guardian. Where a
minor enters into an apprentice agreement under this chapter for a
period of training extending into his or her majority, the apprentice
agreement shall likewise be binding for such a period as may be
covered during the apprentice's majority.



3080.  (a) For the purpose of providing greater diversity of
training or continuity of employment, any apprentice agreement made
under this chapter may in the discretion of the California
Apprenticeship Council be signed by an association of employers or an
organization of employees instead of by an individual employer. In
that case, the apprentice agreement shall expressly provide that the
association of employers or organization of employees does not assume
the obligation of an employer but agrees to use its best endeavors
to procure employment and training for an apprentice with one or more
employers who will accept full responsibility, as herein provided,
for all the terms and conditions of employment and training set forth
in the agreement between the apprentice and employer association or
employee organization during the period of the apprentice's
employment. The apprentice agreement shall also expressly provide for
the transfer of the apprentice, subject to the approval of the
California Apprenticeship Council, to an employer or employers who
shall sign a written agreement with the apprentice, and if the
apprentice is a minor, with the apprentice's parent or guardian, as
specified in Section 3079, contracting to employ the apprentice for
the whole or a definite part of the total period of apprenticeship
under the terms and conditions of employment and training set forth
in the apprentice agreement.
   (b) All apprenticeship programs with more than one employer or an
association of employers shall include provisions sufficient to
ensure meaningful representation of the interests of apprentices in
the management of the program.



3081.  Upon the complaint of any interested person or upon his own
initiative, the administrator may investigate to determine if there
has been a violation of the terms of an apprentice agreement, made
under this chapter, and he may hold hearings, inquiries, and other
proceedings necessary to such investigations and determinations. The
parties to such agreement shall be given a fair and impartial
hearing, after reasonable notice thereof. All such hearings,
investigations and determinations shall be made under authority of
reasonable rules and procedures prescribed by the California
Apprenticeship Council.



3082.  The determination of the administrator shall be filed with
the California Apprenticeship Council. If no appeal therefrom is
filed with the California Apprenticeship Council within 10 days from
the date the parties are given notification of the determination, in
accordance with Section 1013a and Section 2015.5 of the Code of Civil
Procedure, the determination shall become the order of the
California Apprenticeship Council. Any person aggrieved by the
determination or action of the administrator may appeal therefrom to
the California Apprenticeship Council, which shall review the entire
record and may hold a hearing thereon after due notice to the
interested parties.



3083.  The decision of the California Apprenticeship Council as to
the facts shall be conclusive if supported by the evidence and all
orders and decisions of the California Apprenticeship Council shall
be prima facie lawful and reasonable.



3084.  Any party to an apprentice agreement aggrieved by an order or
decision of the California Apprenticeship Council may maintain
appropriate proceedings in the courts on questions of law. The
decision of the California Apprenticeship Council shall be conclusive
if the proceeding is not filed within 30 days after the date the
aggrieved party is given notification of the decision.



3084.5.  In any case in which a person or persons have willfully
violated any of the laws, regulations, or orders governing applicants
for apprenticeship or apprentices registered under this chapter, the
Division of Apprenticeship Standards may obtain in a court of
competent jurisdiction, an injunction against any further violations
of any such laws, regulations, or orders by such person or persons.




3085.  No person shall institute any action for the enforcement of
any apprentice agreement, or damages for the breach of any apprentice
agreement, made under this chapter, unless he shall first have
exhausted all administrative remedies provided by this chapter.




3086.  Nothing in this chapter or in any apprentice agreement
approved under this chapter shall operate to invalidate any
apprenticeship provision in any collective agreement between
employers and employees setting up higher apprenticeship standards.




3088.  If any provision of this chapter or the application thereof
to any person or circumstances is held invalid, the remainder of the
chapter and the application of such provision to other persons and
circumstances, shall not be affected thereby.



3089.  This chapter shall be known and may be cited as the
Shelley-Maloney Apprentice Labor Standards Act of 1939.



3090.  The Division of Apprenticeship Standards shall investigate,
approve or reject applications from establishments for apprenticeship
and other on-the-job training, and for that purpose, may cooperate,
or contract with, and receive reimbursements from the appropriate
agencies of the Federal Government.


3091.  Acceptance of an application for entrance into an
apprenticeship training program shall not be predicated on the
payment of any fee. Reasonable costs for expense incurred may be
charged after an applicant has been accepted into the program.




3091.5.  Pursuant to Section 16370 of the Government Code, there is
hereby authorized in the State Treasury a Special Deposit Fund
Account, which shall consist of moneys collected from the sale of
instructional material to persons enrolled in any apprenticeship
training program under this chapter. All of the moneys collected are
hereby appropriated without regard to fiscal year for the support of
the Department of Education to be used for the development and
production of apprenticeship instructional material.



3092.  A successful graduate of a training program in a particular
apprenticeable occupation of a vocational education program meeting
the standards of the California State Plan for Vocational Education
may receive credit toward a term of apprenticeship if the program is
jointly established and approved by a school district, a county
superintendent of schools, a public entity conducting a regional
occupational center or program, or a private postsecondary vocational
school accredited by a regional or national accrediting agency
recognized by the United States Office of Education and the program
sponsor of the particular apprenticeable occupation.



3093.  (a)  This section applies only when voluntarily requested by
the parties to a collective bargaining agreement or by an employer,
his or her association, or a union, or its representative where there
is no collective bargaining agreement.
   (b) Nothing in this section may be construed in any way so as to
compel, regulate, interfere with, or duplicate the provisions of any
established training programs which are operated under the terms of
any collective bargaining agreements or unilaterally by any employer
or bona fide labor union.
   (c) Services contemplated under this section may be provided only
when voluntarily requested and shall be denied when it is found that
existing prevailing conditions in the area and industry would in any
way be lowered or adversely affected.
   (d) The California Apprenticeship Council in cooperation with the
Department of Education, the Employment Development Department, and
the Board of Governors of the California Community Colleges may
foster and promote on-the-job training programs other than
apprenticeship as follows: (1) programs for journeymen in the
apprenticeable occupations to keep them abreast of current
techniques, methods, and materials and opportunities for advancement
in their industries; (2) programs in other than apprenticeable
occupations for workers entering the labor market for the first time
or workers entering new occupations by reason of having been
displaced from former occupations by reason of economic, industrial,
technological scientific changes, or developments; (3) the programs
shall be in accord with and agreed to by the parties to any
applicable collective bargaining agreements and where appropriate
will include joint employer-employee cooperation in the programs.
   (e) The Division of Apprenticeship Standards when requested may
foster and promote voluntary on-the-job training programs in
accordance with this section, and assist employers, employees and
other interested persons and agencies in the development and carrying
out of the programs. The Division of Apprenticeship Standards shall
cooperate in these functions with the Department of Education, the
Employment Development Department, and the Board of Governors of the
California Community Colleges and other governmental agencies. The
Division of Apprenticeship Standards may cooperate with the
Department of Corrections and the Department of the Youth Authority
in the development of training programs for inmates and releasees of
correctional institutions.
   (f) The programs, where appropriate, may include related and
supplemental classroom instruction offered and administered by state
and local boards responsible for vocational education.
   (g) The activities and services of the Division of Apprenticeship
Standards in training programs under this section shall be performed
without curtailing or in any way interfering with the division's
activities and services in apprenticeship.
   (h) The Division of Apprenticeship Standards may contract with,
and receive reimbursements from, appropriate federal, state, and
other governmental agencies.
   (i) The vocational education activities and services of the
Department of Education, the Board of Governors of the California
Community Colleges, and local public school districts shall not be
abridged or abrogated through implementation of this section.
   (j) "On-the-job training" as used in this section refers
exclusively to training confined to the needs of a specific
occupation and conducted at the jobsite for employed workers.
   (k) "Journeyman," as used in this section, means a person who has
either (1) completed an accredited apprenticeship in his craft, or
(2) who has completed the equivalent of an apprenticeship in length
and content of work experience and all other requirements in the
apprenticeship standards for the craft which has workers classified
as journeymen in an apprenticeable occupation.
   (l) Nothing in this section shall be construed to require prior
approval, ratification, or reference of any training program to the
Division of Apprenticeship Standards or the Department of Industrial
Relations.


3095.  Every person who willfully discriminates in any recruitment
or apprenticeship program on any basis listed in subdivision (a) of
Section 12940 of the Government Code, as those bases are defined in
Sections 12926 and 12926.1 of the Government Code, except as
otherwise provided in Section 12940 of the Government Code, is guilty
of a misdemeanor punishable by a fine of not more than one thousand
dollars ($1,000) or by imprisonment for not more than six months, or
both.


3097.  The Department of Industrial Relations, Division of
Apprenticeship Standards, may cooperate in the provision of, or
provide, services to the Employment Development Department, and to
service delivery areas, as designated pursuant to the Job Training
Partnership Act (P.L. 97-300, and Division 8 commencing with Section
15000 of the Unemployment Insurance Code). The Department of
Industrial Relations, Division of Apprenticeship Standards may enter
into any agreements as may be necessary for this purpose.
   The Division of Apprenticeship Standards shall exert maximum
effort to persuade sponsors of its registered, nonfederally funded,
voluntary apprenticeship and on-the-job training programs to accept
to the maximum possible extent the eligible persons as described in
the Job Training Partnership Act (P.L. 97-300) and Division 8
(commencing with Section 15000) of the Unemployment Insurance Code.



3098.  An apprentice registered in an approved apprenticeship
program in any of the building and construction trades shall be
employed only as an apprentice when performing any construction work
for an employer that is a party, individually or through an employer
association, to any apprenticeship agreement or standards covering
that individual.



3099.  (a) The Division of Apprenticeship Standards shall do all of
the following:
   (1) On or before July 1, 2001, establish and validate minimum
standards for the competency and training of electricians through a
system of testing and certification.
   (2) On or before March 1, 2000, establish an advisory committee
and panels as necessary to carry out the functions under this
section. There shall be contractor representation from both joint
apprenticeship programs and unilateral nonunion programs in the
electrical contracting industry.
   (3) On or before July 1, 2001, establish fees necessary to
implement this section.
   (4) On or before July 1, 2001, establish and adopt regulations to
enforce this section.
   (5) Issue certification cards to electricians who have been
certified pursuant to this section. Fees collected pursuant to
paragraph (3) are continuously appropriated in an amount sufficient
to pay the costs of issuing certification cards, and that amount may
be expended for that purpose by the division.
   (6) On or before July 1, 2003, establish an electrical
certification curriculum committee comprised of representatives of
the State Department of Education, the California Community Colleges,
and the division. The following shall apply to the electrical
certification curriculum committee:
   (A) The committee shall establish written educational curriculum
standards for enrollees in training programs established pursuant to
Section 3099.4.
   (B) If an educational provider's curriculum meets the written
educational curriculum standards established in accordance with
subparagraph (A), the committee shall designate that curriculum as an
approved curriculum of classroom instruction.
   (C) The committee may review the approved curriculum of classroom
instruction of any designated educational provider. The committee may
withdraw its approval of the curriculum if the educational provider
does not continue to meet the established written educational
curriculum standards.
   (D) The committee shall require each designated educational
provider to submit an annual notice to the committee stating whether
the educational provider is continuing to offer the approved
curriculum of classroom instruction and whether any material changes
have been made to the curriculum since its approval.
   (b) There shall be no discrimination for or against any person
based on membership or nonmembership in a union.
   (c) As used in this section, "electricians" includes all persons
who engage in the connection of electrical devices for electrical
contractors licensed pursuant to Section 7058 of the Business and
Professions Code, specifically, contractors classified as electrical
contractors in the Contractors' State License Board Rules and
Regulations. This section does not apply to electrical connections
under 100 volt-amperes. This section does not apply to persons
performing work to which Section 7042.5 of the Business and
Professions Code is applicable, or to electrical work ordinarily and
customarily performed by stationary engineers. This section does not
apply to electrical work in connection with the installation,
operation, or maintenance of temporary or portable electrical
equipment performed by technicians in the theatrical, motion picture
production, television, hotel, exhibition, or trade show industries.




3099.2.  (a) (1) Persons who perform work as electricians shall
become certified pursuant to Section 3099 by the deadline specified
in this subdivision. After the applicable deadline, uncertified
persons shall not perform electrical work for which certification is
required.
   (2) The deadline for certification as a general electrician or
fire/life safety technician is January 1, 2006, except that persons
who applied for certification prior to January 1, 2006, have until
January 1, 2007, to pass the certification examination. The deadline
for certification as a residential electrician is January 1, 2007,
and the deadline for certification as a voice data video technician
or a nonresidential lighting technician is January 1, 2008. The
California Apprenticeship Council may extend the certification date
for any of these three categories of electricians up to January 1,
2009, if the council concludes that the existing deadline will not
provide persons sufficient time to obtain certification, enroll in an
apprenticeship or training program, or register pursuant to Section
3099.4.
   (3) For purposes of any continuing education or recertification
requirement, individuals who become certified prior to the deadline
for certification shall be treated as having become certified on the
first anniversary of their certification date that falls after the
certification deadline.
   (4) Individuals desiring to be certified shall submit an
application for certification and examination that includes an
employment history report from the Social Security Administration.
The individual may redact his or her social security number from the
employment history report before it is submitted.
   (b) (1) Certification is required only for those persons who
perform work as electricians for contractors licensed as class C-10
electrical contractors under the Contractors' State License Board
Rules and Regulations.
   (2) Certification is not required for persons performing work for
contractors licensed as class C-7 low voltage systems or class C-45
sign contractors as long as the work performed is within the scope of
the class C-7 or class C-45 license, including incidental and
supplemental work as defined in Section 7059 of the Business and
Professions Code, and regardless of whether the same contractor is
also licensed as a class C-10 contractor.
   (3) Certification is not required for work performed by a worker
on a high-voltage electrical transmission or distribution system
owned by a local publicly owned electric utility, as defined in
Section 224.3 of the Public Utilities Code; an electrical
corporation, as defined in Section 218 of the Public Utilities Code;
a person, as defined in Section 205 of the Public Utilities Code; or
a corporation, as defined in Section 204 of the Public Utilities
Code; when the worker is employed by the utility or a licensed
contractor principally engaged in installing or maintaining
transmission or distribution systems.
   (c) The division shall establish separate certifications for
general electrician, fire/life safety technician, residential
electrician, voice data video technician, and nonresidential lighting
technician.
   (d) Notwithstanding subdivision (a), certification is not required
for registered apprentices performing electrical work as part of an
apprenticeship program approved under this chapter, a federal Office
of Apprenticeship program, or a state apprenticeship program
authorized by the federal Office of Apprenticeship. An apprentice who
is within one year of completion of his or her term of
apprenticeship shall be permitted to take the certification
examination and, upon passing the examination, shall be certified
immediately upon completion of the term of apprenticeship.
   (e) Notwithstanding subdivision (a), certification is not required
for any person employed pursuant to Section 3099.4.
   (f) Notwithstanding subdivision (a), certification is not required
for a nonresidential lighting trainee (1) who is enrolled in an
on-the-job instructional training program approved by the Chief of
the Division of Apprenticeship Standards pursuant to Section 3090,
and (2) who is under the onsite supervision of a nonresidential
lighting technician certified pursuant to Section 3099.
   (g) Notwithstanding subdivision (a), the qualifying person for a
class C-10 electrical contractor license issued by the Contractors'
State License Board need not also be certified pursuant to Section
3099 to perform electrical work for that licensed contractor or to
supervise an uncertified person employed by that licensed contractor
pursuant to Section 3099.4.
   (h) Commencing July 1, 2009, the following shall constitute
additional grounds for disciplinary proceedings, including suspension
or revocation of the license of a class C-10 electrical contractor
pursuant to Article 7 (commencing with Section 7090) of Chapter 9 of
Division 3 of the Business and Professions Code:
   (1) The contractor willfully employs one or more uncertified
persons to perform work as electricians in violation of this section.
   (2) The contractor willfully fails to provide the adequate
supervision of uncertified workers required by paragraph (3) of
subdivision (a) of Section 3099.4.
   (3) The contractor willfully fails to provide adequate supervision
of apprentices performing work pursuant to subdivision (d).
   (i) The Chief of the Division of Apprenticeship Standards shall
develop a process for referring cases to the Contractors' State
License Board when it has been determined that a violation of this
section has likely occurred. On or before July 1, 2009, the chief
shall prepare and execute a memorandum of understanding with the
Registrar of Contractors in furtherance of this section.
   (j) Upon receipt of a referral by the Chief of the Division of
Apprenticeship Standards alleging a violation under this section, the
Registrar of Contractors shall open an investigation. Any
disciplinary action against the licensee shall be initiated within 60
days of the receipt of the referral. The Registrar of Contractors
may initiate disciplinary action against any licensee upon his or her
own investigation, the filing of any complaint, or any finding that
results from a referral from the Chief of the Division of
Apprenticeship Standards alleging a violation under this section.
Failure of the employer or employee to provide evidence of
certification or trainee status shall create a rebuttable presumption
of violation of this provision.
   (k) For the purposes of this section, "electricians" has the same
meaning as the definition set forth in Section 3099.




3099.3.  The Division of Apprenticeship Standards shall do all of
the following:
   (a) Make information about electrician certification available in
non-English languages spoken by a substantial number of construction
workers, as defined in Section 7296.2 of the Government Code.
   (b) Provide for the administration of certification tests in
Spanish and, to the extent practicable, other non-English languages
spoken by a substantial number of applicants, as defined in Section
7296.2 of the Government Code, except insofar as the ability to
understand warning signs, instructions, and certain other information
in English is necessary for safety reasons.
   (c) Ensure, in conjunction with the California Apprenticeship
Council, that by no later than January 1, 2003, all electrician
apprenticeship programs approved under this chapter that impose
minimum formal education requirements as a condition of entry provide
for reasonable alternative means of satisfying those requirements.
   (d) Ensure, in conjunction with the California Apprenticeship
Council, that by no later than January 1, 2003, all electrician
apprenticeship programs approved under this chapter have adopted
reasonable procedures for granting credit toward a term of
apprenticeship for other vocational training and on-the-job training
experience.
   (e) Report to the Legislature, prior to the deadline for
individuals to become certified, on the status of electrician
certification, including all of the following:
   (1) The number of persons who have been certified pursuant to
Section 3099.
   (2) The number of persons enrolled in electrician apprenticeship
programs.
   (3) The number of persons who have registered pursuant to Section
3099.4.
   (4) The estimated number of individuals performing work for Class
C-10 electrical contractors for which certification will be required
after the deadline for certification, who have not yet been certified
and are not enrolled in apprenticeship programs or registered
pursuant to Section 3099.4.
   (5) Whether enforcement of the deadline for certification will
cause a shortage of electricians in California.
   (6) Whether persons who wish to become certified electricians will
have an adequate opportunity to pass the certification exam, to
register pursuant to Section 3099.4, or to enroll in an
apprenticeship program prior to the deadline for certification.



3099.4.  (a) After the deadline for certification, an uncertified
person may perform electrical work for which certification is
required under Section 3099 in order to acquire the necessary
on-the-job experience for certification, if all of the following
requirements are met:
   (1) The person is registered with the Division of Apprenticeship
Standards. A list of current registrants shall be maintained by the
division and made available to the public upon request.
   (2) The person either has completed or is enrolled in an approved
curriculum of classroom instruction.
   (3) The employer attests that the person shall be under the direct
supervision of an electrician certified pursuant to Section 3099 who
is responsible for supervising no more than one uncertified person.
An employer who is found by the division to have failed to provide
adequate supervision may be barred by the division from employing
uncertified individuals pursuant to this section in the future.
   (b) For purposes of this section, an "approved curriculum of
classroom instruction" means a curriculum of classroom instruction
approved by the electrician certification curriculum committee
established pursuant to paragraph (6) of subdivision (a) of Section
3099 and provided under the jurisdiction of the State Department of
Education, the Board of Governors of the California Community
Colleges, or the Bureau for Private Postsecondary and Vocational
Education.
   (c) The curriculum committee may grant approval to an educational
provider that presently offers only a partial curriculum if the
educational provider intends in the future to offer, or to cooperate
with other educational providers to offer, a complete curriculum for
the type of certification involved. The curriculum committee may
require an educational provider receiving approval for a partial
curriculum to periodically renew its approval with the curriculum
committee until a complete curriculum is offered and approved. A
partial curriculum means a combination of classes that do not include
all classroom educational components of the complete curriculum for
one of the categories of certification established in accordance with
subdivision (c) of Section 3099.2.
   (d) An educational provider that receives approval for a partial
curriculum must disclose in all communications to students and to the
public that the educational provider has only received approval for
a partial curriculum and shall not make any representations that the
provider offers a complete approved curriculum of classroom
instruction as established by subparagraph (A) of paragraph (6) of
subdivision (a) of Section 3099.
   (e) For purposes of this section, a person is "enrolled" in an
approved curriculum of classroom instruction if the person is
attending classes on a full-time or part-time basis toward the
completion of an approved curriculum.
   (f) Registration under this section shall be renewed annually and
the registrant shall provide to the division certification of the
classwork completed and on-the-job experience acquired since the
prior registration.
   (g) For purposes of verifying the information provided by a person
registered with the division, an educational provider of an approved
curriculum of classroom instruction shall, upon the division's
request, provide the division with information regarding the
enrollment status and instruction completed by a person registered.
By registering with the division in accordance with this section, a
person consents to the release of this information.
   (h) The division shall establish registration fees necessary to
implement this section, not to exceed twenty-five dollars ($25) for
the initial registration. There shall be no fee for annual renewal of
registration. Fees collected are continuously appropriated in an
amount sufficient to administer this section and that amount may be
expended by the division for this purpose.
   (i) The division shall issue regulations to implement this
section.
   (j) For purposes of Section 1773, persons employed pursuant to
this section do not constitute a separate craft, classification, or
type of worker.
   (k) Notwithstanding any other provision of law, an uncertified
person who has completed an approved curriculum of classroom
instruction and is currently registered with the division may take
the certification examination. The person shall be certified upon
passing the examination and satisfactorily completing the requisite
number of on-the-job hours required for certification. A person who
passes the examination prior to completing the requisite hours of
on-the-job experience shall continue to comply with subdivision (f).



3099.5.  (a) The Electrician Certification Fund is hereby created as
a special account in the State Treasury. Proceeds of the fund may be
expended by the department, upon appropriation by the Legislature,
for the costs of the Division of Apprenticeship Standards program to
validate and certify electricians as provided by Section 3099, and
shall not be used for any other purpose.
   (b) The fund shall consist of the fees collected pursuant to
Section 3099.