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1682.  As used in this chapter:
   (a) "Person" includes any individual, firm, partnership,
association, limited liability company, or corporation.
   (b) "Farm labor contractor" designates any person who, for a fee,
employs workers to render personal services in connection with the
production of any farm products to, for, or under the direction of a
third person, or who recruits, solicits, supplies, or hires workers
on behalf of an employer engaged in the growing or producing of farm
products, and who, for a fee, provides in connection therewith one or
more of the following services: furnishes board, lodging, or
transportation for those workers; supervises, times, checks, counts,
weighs, or otherwise directs or measures their work; or disburses
wage payments to these persons.
   (c) "License" means a license issued by the Labor Commissioner to
carry on the business, activities, or operations of a farm labor
contractor under this chapter.
   (d) "Licensee" means a farm labor contractor who holds a valid and
unrevoked license under this chapter.
   (e) "Fee" shall mean (1) the difference between the amount
received by a labor contractor and the amount paid out by him or her
to persons employed to render personal services to, for or under the
direction of a third person; (2) any valuable consideration received
or to be received by a farm labor contractor for or in connection
with any of the services described above, and shall include the
difference between any amount received or to be received by him or
her, and the amount paid out by him or her, for or in connection with
the rendering of such services.



1682.3.  "Farm labor contractor" includes any "day hauler." "Day
hauler" means any person who is employed by a farm labor contractor
to transport, or who for a fee transports, by motor vehicle, workers
to render personal services in connection with the production of any
farm products to, for, or under the direction of a third person.




1682.4.  "Farm labor contractor" does not include a commercial
packing house engaged in both the harvesting and the packing of
citrus fruit or soft fruit for a client or customer.



1682.5.  This chapter does not apply to:
   (a) A nonprofit corporation or organization with respect to
services specified in subdivision (b) of Section 1682, which are
performed for its members.
   (b) Any person who performs the services specified in subdivision
(b) of Section 1682 only within the scope of his employment by the
third person on whose behalf he is so acting and not as an
independent contractor.



1682.7.  The Labor Commissioner shall ensure that the office
maintained in Fresno has suitable facilities and sufficient personnel
for the examination and licensing of farm labor contractors and for
the processing of complaints against farm labor contractors or any
agent of a farm labor contractor.



1682.8.  The Labor Commissioner may establish and maintain a Farm
Labor Contractor Special Enforcement Unit within the Division of
Labor Standards Enforcement office in Fresno of the Department of
Industrial Relations for the hiring of additional agents to enforce
the provisions of this chapter by revoking, suspending, or refusing
to renew farm labor contractors' licenses pursuant to Section 1690.




1683.  No person shall act as a farm labor contractor until a
license to do so has been issued to him by the Labor Commissioner,
and unless such license is in full force and effect and is in his
possession. The Labor Commissioner shall, by regulation, provide a
means of issuing duplicate licenses in case of loss of the original
license or any other appropriate instances.



1684.  (a) The Labor Commissioner shall not issue to any person a
license to act as a farm labor contractor, nor shall the Labor
Commissioner renew that license, until all of the following
conditions are satisfied:
   (1) The person has executed a written application in a form
prescribed by the Labor Commissioner, subscribed and sworn to by the
person, and containing all of the following:
   (A) A statement by the person of all facts required by the Labor
Commissioner concerning the applicant's character, competency,
responsibility, and the manner and method by which the person
proposes to conduct operations as a farm labor contractor if the
license 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 operation as
a farm labor contractor, together with the amount of their
respective interests.
   (C) A declaration consenting to the designation by a court of the
Labor Commissioner as an agent available to accept service of summons
in any action against the licensee if the licensee has left the
jurisdiction in which the action is commenced or otherwise has become
unavailable to accept service.
   (2) The Labor Commissioner, after investigation, is satisfied as
to the character, competency, and responsibility of the person.
   (3) The person has deposited with the Labor Commissioner a surety
bond in an amount based on the size of the person's annual payroll
for all employees, as follows:
   (A) For payrolls up to five hundred thousand dollars ($500,000), a
twenty-five thousand dollar ($25,000) bond.
   (B) For payrolls of five hundred thousand dollars ($500,000) to
two million dollars ($2,000,000), a fifty thousand dollar ($50,000)
bond.
   (C) For payrolls greater than two million dollars ($2,000,000), a
seventy-five thousand dollar ($75,000) bond.
   Where the contractor has been the subject of a final judgment in a
year in an amount equal to that of the bond required, he or she
shall be required to deposit an additional bond within 60 days. The
bond shall be payable to the people of the State of California and
shall be conditioned that the farm labor contractor will comply with
all the terms and provisions of this chapter and will pay all damages
occasioned to any person by failure to do so, or by any violation of
this chapter, or false statements or misrepresentations made in the
procurement of the license. The bond shall also be payable for
interest on wages and for any damages arising from violation of
orders of the Industrial Welfare Commission, and for any other
monetary relief awarded to an agricultural worker as a result of a
violation of this code.
   (4) The person has paid to the Labor Commissioner a license fee of
five hundred dollars ($500) plus a filing fee of ten dollars ($10).
However, where a timely application for renewal is filed, the ten
dollar ($10) filing fee is not required. The Labor Commissioner shall
deposit one hundred fifty dollars ($150) of each licensee's annual
license fee into the Farmworker Remedial Account. Funds from this
account shall be disbursed by the Labor Commissioner only to persons
determined by the Labor Commissioner to have been damaged by any
licensee when the damage exceeds the limits of the licensee's bond,
or to persons determined by the Labor Commissioner to have been
damaged by an unlicensed farm labor contractor. In making these
determinations, the Labor Commissioner shall disburse funds from the
Farmworker Remedial Account to satisfy claims against farm labor
contractors or unlicensed farm labor contractors, which shall also
include interest on wages and any damages arising from the violation
of orders of the Industrial Welfare Commission, and for any other
monetary relief awarded to an agricultural worker as a result of a
violation of this code. The Labor Commissioner may disburse funds
from the Farmworker Remedial Account to farm labor contractors, for
payment of farmworkers, where a contractor is unable to pay
farmworkers due to the failure of a grower or packer to pay the
contractor. Any disbursed funds subsequently recovered by the Labor
Commissioner pursuant to Section 1693, or otherwise, shall be
returned to the Farmworker Remedial Account.
   (5) The person has taken a written examination that demonstrates
an essential degree of knowledge of the current laws and
administrative regulations concerning farm labor contractors as the
Labor Commissioner deems necessary for the safety and protection of
farmers, farmworkers, and the public. To successfully complete the
examinations, the person must correctly answer at least 85 percent of
the questions posed. The examination period shall not exceed four
hours. The examination may only be taken a maximum of three times in
a calendar year. The examinations shall include a demonstration of
knowledge of the current laws and regulations regarding wages, hours,
and working conditions, penalties, employee housing and
transportation, collective bargaining, field sanitation, and safe
work practices related to pesticide use, including all of the
following subjects:
   (A) Field reentry regulations.
   (B) Worker pesticide safety training.
   (C) Employer responsibility for safe working conditions.
   (D)  Symptoms and appropriate treatment of pesticide poisoning.
   (6) The person has registered as a farm labor contractor pursuant
to the federal Migrant and Seasonal Agricultural Worker Protection
Act (29 U.S.C. 1801 et seq.), when registration is required pursuant
to federal law.
   (b) (1) The Labor Commissioner shall consult with the Director of
Pesticide Regulation, the Department of the California Highway
Patrol, the Department of Housing and Community Development, the
Employment Development Department, the Department of Food and
Agriculture, the Department of Motor Vehicles, and the Division of
Occupational Safety and Health in preparing the examination required
by paragraph (5) of subdivision (a) and the appropriate educational
materials pertaining to the matters included in the examination, and
may charge a fee of not more than one hundred dollars ($100) to cover
the cost of administration of the examination.
   (2) In addition, the person must enroll and participate in at
least eight hours of relevant, educational classes each year. The
classes shall be chosen from a list of approved classes prepared by
the Labor Commissioner, in consultation with the persons and entities
listed in paragraph (1) and county agricultural commissioners.
   (c) The Labor Commissioner may renew a license without requiring
the applicant for renewal to take the examination specified in
paragraph (5) of subdivision (a) if the Labor Commissioner finds that
the applicant meets all of the following criteria:
   (1) Has satisfactorily completed the examination during the
immediately preceding two years.
   (2) Has not during the preceding year been found to be in
violation of any applicable laws or regulations including, but not
limited to, Division 7 (commencing with Section 12501) of the Food
and Agricultural Code, Part 1 (commencing with Section 17000) of
Division 13 of the Health and Safety Code, Division 2 (commencing
with Section 200), Division 4 (commencing with Section 3200), and
Division 5 (commencing with Section 6300) of this code, and Chapter 1
(commencing with Section 12500) of Division 6 of the Vehicle Code.
   (3) Has, for each year since the license was obtained, enrolled
and participated in at least eight hours of relevant, educational
classes, chosen from a list of approved classes prepared by the Labor
Commissioner.
   (4) Has complied with all other requirements of this section.



1684.3.  Whenever an application for a license or renewal is made,
and application processing pursuant to this chapter has not been
completed, the Labor Commissioner may, at his or her discretion,
issue a temporary or provisional license valid for a period not
exceeding 90 days, and subject, where appropriate, to the automatic
and summary revocation by the Labor Commissioner. Otherwise, the
conditions for issuance or renewal shall meet the requirements of
Section 1684.


1684.5.  The Labor Commissioner shall quarterly submit to the
Department of the California Highway Patrol a list of all licensees.



1685.  No license to operate as a farm labor contractor shall be
granted:
   (a) To any person who sells or proposes to sell intoxicating
liquors in a building or on premises where he operates or proposes to
operate as a farm labor contractor.
   (b) To a person whose license has been revoked within three (3)
years from the date of application.



1686.  The Labor Commissioner, upon proper notice and hearing, may
refuse to grant a license. The proceedings shall be conducted in
accordance with Chapter 5 of Part 1 of Division 3 of Title 2 of the
Government Code and the commissioner shall have all of the powers
granted therein.



1687.  (a) Each laminated license shall contain, on the face
thereof, all of the following:
   (1) The name and address of the licensee and the fact that the
licensee is licensed to act as a farm labor contractor for the period
upon the face of the license only.
   (2) The number, date of issuance, and date of expiration of the
license.
   (3) The amount of the surety bond deposited by the licensee.
   (4) The fact that the license may not be transferred or assigned.
   (5) A picture of the licensee taken at the time of application.
   (b) The license shall be similar in size and format to a driver's
license issued by the Department of Motor Vehicles, and shall contain
a hologram and a signature to verify authenticity. The cost of the
hologrammed license shall be appropriated from the license fee.
   (c) The license shall contain on the back thereof the definition
of a farm labor contractor, as defined by subdivision (b) of Section
1682.


1688.  The license when first issued shall run to the next birthday
of the applicant, and each license shall then be renewed within the
30 days preceding the licensee's birthday and shall run from birthday
to birthday. In case the applicant is a partnership or corporation,
the license for a partnership shall be renewed within the 30 days
preceding the birthday of the oldest partner, and the license for a
corporation shall be renewed within the 30 days preceding the
anniversary of the date the corporation was lawfully formed. Renewal
shall require the filing of an application for renewal, a renewal
bond, and the payment of the annual license fee, but the Labor
Commissioner may demand that a new application or a new bond be
submitted.



1689.  All applications for renewal shall state the names and
addresses of all persons, except bona fide employees on stated
salaries, financially interested either as partners, associates or
profit sharers in the operation of the farm labor contractor.




1690.  The Labor Commissioner may revoke, suspend, or refuse to
renew any license when it is shown that any of the following have
occurred:
   (a) The licensee or any agent of the licensee has violated or
failed to comply with any of the provisions of this chapter.
   (b) The licensee has made any misrepresentations or false
statements in his or her application for a license.
   (c) The conditions under which the license was issued have changed
or no longer exist.
   (d) The licensee, or any agent of the licensee, has violated, or
has willfully aided or abetted any person in the violation of, or
failed to comply with, any law of the State of California regulating
the employment of employees in agriculture, the payment of wages to
farm employees, or the conditions, terms, or places of employment
affecting the health and safety of farm employees, which is
applicable to the business, activities, or operations of the licensee
in his or her capacity as a farm labor contractor.
   (e) The licensee, or any agent of the licensee, has failed to
comply with any provisions of the Vehicle Code pertaining to a farm
labor vehicle, as described in Sections 322 and 323 of the Vehicle
Code, under the licensee's control, or has allowed a farm labor
vehicle under his or her control to be operated by a driver without a
valid driver's license and certificate required pursuant to Section
12519 of the Vehicle Code.
   (f) The licensee has been found, by a court or the Secretary of
Labor, to have violated any provision of the federal Migrant and
Seasonal Agricultural Worker Protection Act (Chapter 20 (commencing
with Section 1801), Title 29, United States Code), provided that the
licensee is required to register as a farm labor contractor pursuant
to federal law.



1690.1.  If any licensee fails to remit the proper amount of worker
contributions required by Chapter 4 (commencing with Section 901) of
Part 1 of Division 1 of the Unemployment Insurance Code, or the
Employment Development Department has made an assessment for such
unpaid worker contributions against the licensee that is final, the
Labor Commissioner shall, upon written notice by the Employment
Development Department, refuse to issue or renew the license of such
licensee until such licensee has fully paid the amount of delinquency
for such unpaid worker contributions.
   The Labor Commissioner shall not, however, refuse to renew the
license of a licensee under this section until the assessment for
unpaid worker contributions is final and unpaid, and the licensee has
exhausted, or failed to seek, his right of administrative review of
such final assessment, pursuant to Chapter 4 (commencing with Section
901) of Part 1 of Division 1 of the Unemployment Insurance Code.




1691.  (a) If any licensee has been subject to two or more final
judgments by a court for failure to pay wages due with respect to his
or her agricultural employees within a five-year period, the Labor
Commissioner shall suspend for one year the license of the licensee.
The Labor Commissioner shall maintain a telephone information line
for the purpose of advising potential or actual employees of farm
labor contractors regarding the compliance of individual farm labor
contractors with applicable laws and regulations.
   (b) For purposes of this section, a "serious violation" shall have
the same meaning as provided in paragraph (1) of subdivision (a) of
Section 6130 of Title 3 of the California Code of Regulations.




1692.  Before revoking or suspending any license, the Labor
Commissioner shall afford the holder of such license an opportunity
to be heard in person or by counsel. The proceedings shall be
conducted in accordance with Chapter 5 of Part 1 of Division 3 of
Title 2 of the Government Code, and the commissioner shall have all
the powers granted therein.



1692.5.  A licensee whose license is suspended or revoked pursuant
to the provisions of this chapter shall immediately surrender such
license to the Labor Commissioner.



1693.  The Labor Commissioner and the deputies and representatives
authorized by the Labor Commissioner in writing may take assignments
of actions on the bond against licensees by persons damaged and may
prosecute such actions on behalf of persons who, in the judgment of
the Labor Commissioner, are financially unable to employ counsel, in
the same manner that claims are prosecuted under Section 98.




1694.  When a licensee has departed from the State with intent to
defraud creditors or to avoid service of summons in any action
brought under this chapter, service shall be made upon the surety as
prescribed in the Code of Civil Procedure. A copy of the summons
shall be mailed to the licensee at the last known post-office address
of his residence, as shown by the records of the Labor Commissioner.
Service is complete as to such licensee, after mailing, at the
expiration of the time prescribed by the Code of Civil Procedure for
service of summons in the particular court in which suit is brought.



1695.  (a) Every licensee shall do all of the following:
   (1) Carry his or her license and proof of registration issued
pursuant to paragraph (8) with him or her at all times and exhibit
the same to all persons with whom he or she intends to deal in his or
her capacity as a farm labor contractor prior to so dealing.
   (2) File at the United States Post Office serving the address of
the licensee, as noted on the face of his or her license, with the
office of the Labor Commissioner, and with the agricultural
commissioner of the county or counties in which the labor contractor
has contracted with a grower, a correct change of address immediately
upon each occasion the licensee permanently moves his or her
address. The address shall also be the mailing address for purposes
of notice required by the Labor Code or by any other applicable
statute or regulations respecting service by mail.
   (3) Promptly when due, pay or distribute to the individuals
entitled thereto, all moneys or other things of value entrusted to
the licensee by any third person for this purpose.
   (4) Comply on his or her part with the terms and provisions of all
legal and valid agreements and contracts entered into between
licensee in his or her capacity as a farm labor contractor and third
persons.
   (5) Have available for inspection by his or her employees and by
the grower with whom he or she has contracted, a written statement in
English and Spanish showing the rate of compensation he or she
receives from the grower and the rate of compensation he or she is
paying to his or her employees for services rendered to, for, or
under the control of the grower.
   (6) Take out a policy of insurance with any insurance carrier
authorized to do business in the State of California in an amount
satisfactory to the commissioner, which insures the licensee against
liability for damage to persons or property arising out of the
licensee's operation of, or ownership of, any vehicle or vehicles for
the transportation of individuals in connection with his or her
business, activities, or operations as a farm labor contractor.
   (7) Have displayed prominently at the site where the work is to be
performed and on all vehicles used by the licensee for the
transportation of employees, the rate of compensation the licensee is
paying to his or her employees for their services, printed in both
English and Spanish and in lettering of a size to be prescribed by
the Department of Industrial Relations.
   (8) Register annually with the agricultural commissioner of the
county or counties in which the labor contractor has contracted with
a grower.
   (9) Provide information and training on applicable laws and
regulations governing worker safety, including the requirements of
Article 10.5 (commencing with Section 12980) of Chapter 2 of Division
7 of the Food and Agriculture Code, or regulating the terms and
conditions of agricultural employment, to each crew leader, foreman,
or other employee whose duties include the supervision, direction, or
control of any agricultural worker on behalf of a licensee, or
pursuant to, a contract or agreement for agricultural services
entered into with a licensee.
   (b) The board of supervisors of a county may establish fees to be
charged each licensee for the recovery of the actual costs incurred
by commissioners in the administration of registrations and change of
address and the issuance of proofs of registration.




1695.5.  (a) Every farm labor contractor, upon request of any
agricultural grower with whom he or she has a contract to supply
farmworkers, shall immediately furnish the grower with a payroll list
of all the contractor's employees working for the grower.
   (b) The payroll list shall be on a uniform form approved by the
Labor Commissioner, which shall include, but not be limited to, the
employee's name, social security number, permanent and temporary
address, telephone number, and length of employment with the grower.
   (c) The requirements of this section are in addition to any
requirements of federal law, including the federal Migrant and
Seasonal Agricultural Worker Protection Act (Chapter 20 (commencing
with Section 1801), Title 29, United States Code).



1695.55.  (a) Every person acting in the capacity of a farm labor
contractor shall provide any grower with whom he or she has
contracted to supply farmworkers a payroll record for each farmworker
providing labor under the contract. The payroll record shall include
a disclosure of the wages and hours worked for each farmworker.
   (b) Each grower entering into a contract with a farm labor
contractor shall retain a copy of the payroll record provided by the
contractor for the duration of the contract.



1695.6.  No person shall knowingly enter into an agreement for the
services of a farm labor contractor who is not licensed under this
chapter.


1695.7.  (a) (1) Prior to entering into any contract or agreement to
supply agricultural labor or services to a grower, a farm labor
contractor shall first provide to the grower a copy of his or her
current valid state license. A failure to do so is a violation of
this chapter. The grower shall keep a copy of the license for a
period of three years following the termination of the contract or
agreement.
   (2) In the event that the licensee or prospective licensee has
fulfilled all the requirements for a license, but the Labor
Commissioner has not been able to timely issue or renew a license,
the Labor Commissioner shall issue to the person applying for a
license, or renewal of a license, a letter of authorization
permitting that person to operate or continue to operate as a farm
labor contractor. For purposes of this section, a "valid state
license" shall include a letter of authorization issued pursuant to
this paragraph.
   (3) (A) No grower shall enter into a contract or agreement with a
person acting in the capacity of a farm labor contractor who fails to
provide a copy of his or her license. A grower has an affirmative
obligation to inspect the license of any person contracted as a farm
labor contractor, a copy of whose license is provided to the grower
pursuant to paragraph (1), and to verify that the license is valid.
The grower shall request verification from the license verification
unit by the close of the third business day following the day on
which the farm labor contractor is engaged. The grower may be
supplied services by the farm labor contractor and shall not be
liable under this section for an invalid license while awaiting
verification from the verification unit. The verification received
from the license verification unit shall serve as conclusive evidence
of the grower's compliance with this subparagraph. The verification
shall be valid until the farm labor contractor's license expires.
Failure to comply with this subparagraph is a violation of this
chapter.
   (B) A farm labor contractor has an affirmative obligation to
inspect the license of any person contracted by the farm labor
contractor who is acting in the capacity of a farm labor contractor a
copy of whose license is provided to the farm labor contractor
pursuant to Section 1695.9, and to verify that the license is valid.
The farm labor contractor shall request verification from the license
verification unit by the close of the third business day following
the day on which the individual who is acting as the farm labor
contractor is engaged. The farm labor contractor may be supplied
services by the acting farm labor contractor and shall not be liable
under this section for an invalid license while awaiting verification
from the verification unit. The verification received from the
license verification unit shall serve as conclusive evidence of the
farm labor contractor's compliance with this subparagraph. The
verification shall be valid until the individual's license expires.
Failure to comply with this subparagraph is a violation of this
chapter.
   (C) If a determination is made by the Labor Commissioner that the
verification system is inoperable, no grower or farm labor contractor
shall be liable under this section until seven business days after
the Labor Commissioner determines the system is operable and has made
public notice to affected parties.
   (4) (A) If a contract or agreement entered into with a farm labor
contractor extends beyond the expiration date of his or her license,
or extends beyond the date contained in the letter of authorization
to operate, the farm labor contractor shall provide to the grower,
upon renewal of the license or issuance of the letter of
authorization a copy of his or her current valid renewed license or a
copy of a letter of authorization issued by the Labor Commissioner.
In the event the farm labor contractor's license is not renewed, the
farm labor contractor shall notify the grower within three days.
   (B) If a contract or agreement entered into by a farm labor
contractor with another farm labor contractor extends beyond the
expiration date of his or her license, or extends beyond the date
contained in the letter of authorization to operate, the other farm
labor contractor shall provide to the farm labor contractor, upon
renewal of the license or issuance of the letter of authorization a
copy of his or her current valid renewed license or a copy of a
letter of authorization issued by the Labor Commissioner. In the
event the license of a person contracted by a farm labor contractor
who is acting as farm labor contractor is not renewed, the person
shall notify the farm labor contractor within three days.
   (b) A failure by a farm labor contractor to provide a copy of his
or her license to the grower shall not constitute a defense against
liability under this section for a grower who subsequently fails to
comply with the requirements of subparagraph (A) of paragraph (3) of
subdivision (a). A failure by a person acting as a farm labor
contractor who is contracted by a farm labor contractor to provide a
copy of his or her license to the farm labor contractor shall not
constitute a defense against liability under this section for a farm
labor contractor who subsequently fails to comply with the
requirements of subparagraph (B) of paragraph (3) of subdivision (a).
   (c) (1) Any person who acts in the capacity of a farm labor
contractor without first securing a license or while his or her
license has been suspended or revoked is guilty of a misdemeanor
punishable by a fine of not less than one thousand dollars ($1,000)
nor more than five thousand dollars ($5,000), or imprisonment in the
county jail for not more than six months, or both, and is subject to
other sanctions under this chapter, including subdivisions (b) and
(c) of Section 1697.
   (2) Any grower or farm labor contractor who enters into a contract
or agreement in violation of this section shall be subject to a
civil action by an aggrieved worker for any claims arising from the
contract or agreement that are a direct result of any violation of
any state law regulating wages, housing, pesticides, or
transportation committed by the unlicensed farm labor contractor. The
court shall grant a prevailing plaintiff reasonable attorney's fees
and costs.
   (3) On or after January 1, 2003, any grower, farm labor
contractor, or other person acting either individually or as an
officer, agent, or employee of any grower or farm labor contractor
who knowingly and willfully fails to pay, or causes the failure to
pay, wages as set forth in subdivision (b) of Section 1199, or any
higher wages that have been agreed to, is guilty of a misdemeanor
punishable as set forth in subdivision (f). However, if the
prosecutor elects to prosecute any grower, farm labor contractor, or
other person pursuant to this paragraph and subdivision (f), multiple
failures to pay wages within a single payroll and in a single pay
period shall constitute one violation.
   (4) Any aggrieved worker who, claims a violation of this section,
may bring a civil action for injunctive relief and lost wages as
provided in Section 218, and, upon prevailing, shall recover
reasonable attorney's fees and costs.
   (d) As used in this section:
   (1) "Business day" means any day on which the offices of the
license verification unit are open to the public for the conducting
of business.
   (2) "Grower" means any person who owns or leases land used for the
planting, cultivation, production, harvesting, or packing of any
farm products, if he or she hires or uses persons acting as farm
labor contractors, and includes a packing shed or a person or entity
who farms the land on behalf of the land owner, whether or not he or
she owns or leases the land.
   (3) "Inspect," with regard to inspecting a license, means to
examine the license to determine whether it reasonably appears on its
face to be genuine.
   (4) "License verification unit" means the Farm Labor Contractor
License Verification Unit established pursuant to subdivision (e).
   (5) "Verify," with respect to verifying a license, means to
contact by telephone, facsimile, website, electronic mail, or other
means as determined by the Labor Commissioner, the license
verification unit to confirm the validity of a license and to record
in the requester's files the unique verification number provided by
the license verification unit to document that the requester
confirmed the validity of the license of the farm labor contractor
with whom he or she has entered into a contract or agreement to
supply services.
   (e) The Labor Commissioner shall establish and maintain a Farm
Labor Contractor License Verification Unit commencing no later than
July 1, 2002. The license verification unit shall, upon the request
of a grower or farm labor contractor, certify the status of a state
license issued to a farm labor contractor. The license verification
unit shall assign a unique verification number to the request and the
unit shall within 24 hours send by mail, or, if available, by
facsimile or electronic mail, confirmation that will serve as
conclusive evidence of compliance with the verification requirements
of this section. The obligation under this section to verify licenses
shall not become operative and the penalties for failure to verify a
license shall not be applicable until three months after the license
verification unit becomes operational, as certified by the State
Auditor.
   (f) (1) On or after January 1, 2003, a violation of paragraph (3)
of subdivision (c) is a misdemeanor and is punishable as provided in
subdivision (a) of Section 1697, except that the fine portion of the
penalty shall be as follows:
   (A) Upon conviction for a first violation, by a fine of not less
than one thousand dollars ($1,000) nor more than five thousand
dollars ($5,000), and is subject to other sanctions under this
chapter, including subdivisions (b) and (c) of Section 1697. Upon
conviction, the Labor Commissioner shall revoke the defendant's
license and the defendant shall be ineligible for a license for a
period of one year from the date of revocation.
   (B) Upon a conviction for a violation committed within three years
after a conviction for a prior violation, by a fine of not less than
ten thousand dollars ($10,000) and is subject to other sanctions
under this chapter, including subdivisions (b) and (c) of Section
1697. Upon a second conviction, the Labor Commissioner shall revoke
the defendant's license and the defendant shall be ineligible for a
license for a period of two years from the date of revocation.
   (C) Upon a conviction for a violation committed within five years
after a second conviction pursuant to subparagraph (B), by a fine of
not less than twenty-five thousand dollars ($25,000), and is subject
to other sanctions under this chapter, including subdivisions (b) and
(c) of Section 1697. Upon a third conviction, the Labor Commissioner
shall revoke the defendant's license and the defendant shall not
thereafter be eligible to obtain a license.
   (2) If a person is prosecuted under this subdivision, that person
may not be prosecuted under any other law if the prosecution would be
based upon the same set of facts as the prosecution under this
subdivision.
   (g) A farm labor contractor, a person contracted by a farm labor
contractor who is acting in the capacity of a farm labor contractor,
or an employer of a farm labor contractor is subject to Section 98.6
and 1102.5.



1695.8.  (a) No person whose license was suspended, revoked, or
denied renewal by the Labor Commissioner shall perform any activity
or service specified in subdivision (b) of Section 1682 or in Section
1682.3 to, for, or under the direction of a farm labor contractor,
whether as an employee, independent contractor, or otherwise, for
three years after the license is suspended, revoked, or denied
renewal, or until the license is reinstated, whichever first occurs.
   (b) No farm labor contractor shall knowingly contract with or use
any person specified in subdivision (a), whether as an employee,
independent contractor, or otherwise, to perform an activity or
service specified in subdivision (b) of Section 1682 or in Section
1682.3 for three years after the license of the person is suspended,
revoked, or denied renewal, or until the license is reinstated,
whichever first occurs.



1695.9.  Any person contracted by a farm labor contractor who is
acting in the capacity of a farm labor contractor shall first provide
to the farm labor contractor a copy of his or her current valid
state license. A farm labor contractor is responsible for ensuring
that every person who is performing farm labor contracting activities
on behalf of the farm labor contractor has obtained a farm labor
contractor license as required by Section 1683 prior to the person's
engagement in any activity described in subdivision (b) of Section
1682. A farm labor contractor who utilizes the services of another
farm labor contractor who is not his or her employee shall also
comply with the provisions of this chapter. The farm labor contractor
is responsible for any violations of this chapter committed by his
or her employee, whether or not the employee has registered as
required by this chapter. The farm labor contractor shall keep a copy
of the license or licenses for a period of three years following the
termination of the contract or agreement.



1696.  No licensee shall:
   (1) Make any misrepresentation or false statement in his
application for a license.
   (2) Make or cause to be made, to any person, any false,
fraudulent, or misleading representation, or publish or circulate or
cause to be published or circulated any false, fraudulent, or
misleading information concerning the terms or conditions or
existence of employment at any place or places, or by any person or
persons, or of any individual or individuals.
   (3) Send or transport any worker to any place where the labor
contractor knows a strike or lockout exists, without notifying the
worker that such conditions exist.
   (4) Do any act in his capacity as a farm labor contractor, or
cause any act to be done, which constitutes a crime involving moral
turpitude, or the effect of which causes any act to be done which
constitutes a crime involving moral turpitude under any law of the
State of California.


1696.2.  All vehicles used by a licensee for the transportation of
individuals in his operations as a farm labor contractor shall have
displayed prominently at the entrance of such vehicle the name of the
farm labor contractor and the number of his license as issued by the
Labor Commissioner pursuant to this chapter.


1696.3.  Any farm labor contractor or person employed by a farm
labor contractor who operates a bus or truck in the transportation of
individuals in connection with the business, activities, or
operations of a farm labor contractor shall be licensed as required
by Section 12519 of the Vehicle Code.



1696.4.  (a) All vehicles defined in Section 322 of the Vehicle
Code, including those described in Section 1696.3, used by a farm
labor contractor for the transportation of individuals in his or her
operations as a farm labor contractor, including, but not limited to,
vehicles not owned by that contractor, shall be registered with the
Labor Commissioner. The registration shall include the name of the
owner and driver of the vehicle, and the license number and
description of the vehicle. The Labor Commissioner shall require, as
a condition of registration, that the farm labor contractor submit
evidence showing that the contractor has in effect an insurance
policy applicable to the vehicle, as required by Section 1695.
   (b) Commencing on April 1, 2000, and quarterly thereafter, the
Labor Commissioner shall provide the Commissioner of the California
Highway Patrol with a list of all vehicles registered pursuant to
subdivision (a).


1696.5.  Every licensee shall, at the time of each payment of wages,
which shall be not less often than once every week as required by
Section 205 of this code, furnish each of the workers employed by him
either as a detachable part of the check, draft, or voucher paying
the employee's wages, or separately, an itemized statement in writing
showing in detail each and every deduction made from such wages.




1696.6.  (a) No licensee shall recruit or solicit and transport an
employee for farmwork unless he has first obtained, either orally or
in writing, a bona fide order for such employment.
   (b) Any farm labor contractor who recruits or solicits a
farmworker without a bona fide order and induces him to be
transported to a proposed jobsite and does not then provide
employment for him shall pay wages to such farmworker at the agreed
rate of pay for the job to which he was being transported and for the
elapsed time from the point of departure with return to the same
place.



1696.8.  (a) The director shall establish a Farm Labor Contractor
Enforcement Unit. The unit shall develop a program to provide
technical assistance to a district attorney's office that establishes
a local farm labor contractor enforcement unit. A local farm labor
contractor enforcement unit established pursuant to this section
shall, whenever possible, coordinate its enforcement efforts with the
Rural Crime Prevention Program in its jurisdiction, if any,
established pursuant to Section 14171 of the Penal Code. Any funds
appropriated to the department for purposes of this section shall be
administered and allocated by the director.
   (b) A local farm labor contractor enforcement unit that receives
technical assistance pursuant to this section shall concentrate
enhanced prosecution efforts and resources on the prosecution of farm
labor contractors who violate a state law regulating wages. For
purposes of this subdivision, "enhanced prosecution efforts and
resources" include, but are not limited to, all of the following:
   (1) "Vertical" prosecutorial representation, whereby the
prosecutor who makes the initial filing or appearance performs all
subsequent court appearances on a particular case through its
conclusion, including the sentencing phase.
   (2) Assignment of highly qualified investigators and prosecutors
to farm labor enforcement cases.
   (3) Significant reduction of caseloads for investigators and
prosecutors assigned to farm labor enforcement cases.



1697.  (a) Any person who violates this chapter, or who causes or
induces another to violate this chapter, is guilty of a misdemeanor
punishable by a fine of not more than one thousand dollars ($1,000),
or imprisonment in the county jail for not more than six months, or
both.
   (b) Any employee aggrieved by any violation of this chapter, other
than acts and conduct also proscribed by Sections 1153, 1154, and
1155, may do all of the following:
   (1) Bring a civil action for injunctive relief or damages, or
both, against a farm labor contractor or unlicensed farm labor
contractor who violates this chapter and, upon prevailing, shall
recover reasonable attorney's fees.
   (2) Enforce the liability on the farm labor contractor's bond.
   (c) Any farm labor contractor who engages in farm labor
contracting activities after his or her license has been suspended or
revoked is guilty of an offense punishable by a fine of not less
than one thousand dollars ($1,000) and not more than five thousand
dollars ($5,000), or by imprisonment for not less than six months and
not more than one year, or both.


1697.1.  (a) No person shall make, or cause to be made, false,
fraudulent, or misleading representations that employment in the
growing or producing of farm products, or an employee benefit related
to that employment, will be jeopardized unless an individual or his
or her family members pay a fee or other thing of value for
transportation by that person to or from the business or worksite of
an employer.
   (b) Any person who violates this section, or who causes or induces
another to violate this section, is guilty of a misdemeanor
punishable by a fine of not more than five thousand dollars ($5,000)
and not less than five hundred dollars ($500), or imprisonment in the
county jail for not more than 30 days, or both.
   (c) Any individual claiming to be aggrieved by a violation of this
section may bring a civil action for injunctive relief, damages, or
both. If the court finds that the defendant has violated this
section, it shall award actual damages, plus an amount equal to
treble the amount of actual damages, or five hundred dollars ($500)
per violation, whichever is greater. The court shall also grant a
prevailing plaintiff reasonable attorneys' fees and costs.
   (d) Any other party who, upon information and belief, claims a
violation of this section has been committed may bring a civil action
for injunctive relief on behalf of the general public and, upon
prevailing, shall recover reasonable attorneys' fees and costs.




1697.2.  Actions brought under this chapter shall be set for trial
at the earliest possible date, and shall take precedence over all
other cases, except older matters of the same character and matters
to which special precedence may be given by law.




1697.3.  Upon the final determination of the Labor Commissioner that
a grower, a farm labor contractor, or person acting in the capacity
of a farm labor contractor has failed to pay wages to its employees,
the grower, farm labor contractor, or person acting in the capacity
of a farm labor contractor shall immediately pay those wages. If
payment is not made within 30 days of the final determination, the
Labor Commissioner shall forward the matter for consideration of
prosecution to the local district attorney's office.



1698.  All fines collected for violations of this chapter shall be
paid into the Farmworker Remedial Account and shall be available,
upon appropriation, for purposes of this chapter. Of the moneys
collected for licenses issued pursuant to this chapter, one hundred
fifty dollars ($150) of each annual license fee shall be deposited in
the Farmworker Remedial Account pursuant to paragraph (4) of
subdivision (a) of Section 1684, three hundred fifty dollars ($350)
of each annual license fee shall be expended by the Labor
Commissioner to fund the Farm Labor Contractor Enforcement Unit and
the Farm Labor Contractor License Verification Unit, both within the
department, and the remaining money shall be paid into the State
Treasury and credited to the General Fund.



1698.1.  No licensee shall sell, transfer or give away any interest
in or the right to participate in the profits of said licensee's
business without the written consent of the Labor Commissioner. A
violation of this section shall constitute a misdemeanor, and shall
be punishable by a fine of not less than two hundred dollars ($200)
nor more than two thousand dollars ($2,000), or imprisonment for not
more than 60 days, or both.



1698.2.  No licensee shall knowingly issue a contract for employment
containing any term or condition which, if complied with, would be
in violation of law, or attempt to fill an order for help to be
employed in violation of law.


1698.3.  No licensee shall accept a fee from any applicant for
employment, or send any applicant for employment without having
obtained orally or in writing, a bona fide order therefor, and in no
case shall such licensee accept, directly or indirectly, a
registration fee of any kind.



1698.4.  No licensee shall send or cause to be sent, any woman or
minor under the age of 18 years, as an employee to any house of ill
fame, to any house or place of amusement for immoral purpose, to
places resorted to for the purposes of prostitution, or to gambling
houses, the character of which places the licensee could have
ascertained upon reasonable inquiry.



1698.5.  No licensee shall send any minor to any saloon or place
where intoxicating liquors are sold to be consumed on the premises.



1698.6.  No licensee shall knowingly permit any persons of bad
character, prostitutes, gamblers, intoxicated persons, or procurers
to frequent his premises.


1698.7.  No licensee shall accept any application for employment
made by or on behalf of any child, or shall place or assist in
placing any such child in any employment whatever in violation of
Part 4 (commencing with Section 1171) of this division.




1698.8.  No licensee shall divide fees with an employer, an agent or
other employee of an employer or person to whom help is furnished.



1699.  The Labor Commissioner may, in accordance with the provisions
of Chapter 4.5 (commencing with Section 11371), Part 1, Division 3,
Title 2 of the Government Code, adopt, amend, and repeal such rules
and regulations as are reasonably necessary for the purpose of
enforcing and administering this chapter and as are not inconsistent
with this chapter.

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1700.  As used in this chapter, "person" means any individual,
company, society, firm, partnership, association, corporation,
limited liability company, manager, or their agents or employees.



1700.1.  As used in this chapter:
   (a) "Theatrical engagement" means any engagement or employment of
a person as an actor, performer, or entertainer in a circus,
vaudeville, theatrical, or other entertainment, exhibition, or
performance.
   (b) "Motion picture engagement" means any engagement or employment
of a person as an actor, actress, director, scenario, or continuity
writer, camera man, or in any capacity concerned with the making of
motion pictures.
   (c) "Emergency engagement" means an engagement which has to be
performed within 24 hours from the time when the contract for such
engagement is made.


1700.2.  (a) As used in this chapter, "fee" means any of the
following:
   (1) Any money or other valuable consideration paid or promised to
be paid for services rendered or to be rendered by any person
conducting the business of a talent agency under this chapter.
   (2) Any money received by any person in excess of that which has
been paid out by him or her for transportation, transfer of baggage,
or board and lodging for any applicant for employment.
   (3) The difference between the amount of money received by any
person who furnished employees, performers, or entertainers for
circus, vaudeville, theatrical, or other entertainments, exhibitions,
or performances, and the amount paid by him or her to the employee,
performer, or entertainer.
   (b) As used in this chapter, "registration fee" means any charge
made, or attempted to be made, to an artist for any of the following
purposes:
   (1)  Registering or listing an applicant for employment in the
entertainment industry.
   (2)  Letter writing.
   (3)  Photographs, film strips, video tapes, or other reproductions
of the applicant.
   (4)  Costumes for the applicant.
   (5) Any activity of a like nature.



1700.3.  As used in this chapter:
   (a) "License" means a license issued by the Labor Commissioner to
carry on the business of a talent agency under this chapter.
   (b) "Licensee" means a talent agency which holds a valid,
unrevoked, and unforfeited license under this chapter.



1700.4.  (a)  "Talent agency" means a person or corporation who
engages in the occupation of procuring, offering, promising, or
attempting to procure employment or engagements for an artist or
artists, except that the activities of procuring, offering, or
promising to procure recording contracts for an artist or artists
shall not of itself subject a person or corporation to regulation and
licensing under this chapter. Talent agencies may, in addition,
counsel or direct artists in the development of their professional
careers.
   (b) "Artists" means actors and actresses rendering services on the
legitimate stage and in the production of motion pictures, radio
artists, musical artists, musical organizations, directors of
legitimate stage, motion picture and radio productions, musical
directors, writers, cinematographers, composers, lyricists,
arrangers, models, and other artists and persons rendering
professional services in motion picture, theatrical, radio,
television and other entertainment enterprises.

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




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


1700.7.  Upon receipt of an application for a license the Labor
Commissioner may cause an investigation to be made as to the
character and responsibility of the applicant and of the premises
designated in such application as the place in which it is proposed
to conduct the business of the talent agency.



1700.8.  The commissioner upon proper notice and hearing may refuse
to grant a license. The proceedings shall be conducted in accordance
with Chapter 5 (commencing at Section 11500) of Part 1 of Division 3
of Title 2 of the Government Code and the commissioner shall have all
the power granted therein.


1700.9.  No license shall be granted to conduct the business of a
talent agency:
   (a)  In a place that would endanger the health, safety, or welfare
of the artist.
   (b) To a person whose license has been revoked within three years
from the date of application.



1700.10.  The license when first issued shall run to the next
birthday of the applicant, and each license shall then be renewed
within the 30 days preceding the licensee's birthday and shall run
from birthday to birthday. In case the applicant is a partnership,
such license shall be renewed within the 30 days preceding the
birthday of the oldest partner. If the applicant is a corporation,
such license shall be renewed within the 30 days preceding the
anniversary of the date the corporation was lawfully formed. Renewal
shall require the filing of an application for renewal, a renewal
bond, and the payment of the annual license fee, but the Labor
Commissioner may demand that a new application or new bond be
submitted.
   If the applicant or licensee desires, in addition, a branch office
license, he shall file an application in accordance with the
provisions of this section as heretofore set forth.



1700.11.  All applications for renewal shall state the names and
addresses of all persons, except bona fide employees on stated
salaries, financially interested either as partners, associates or
profit sharers, in the operation of the business of the talent
agency.



1700.12.  A filing fee of twenty-five dollars ($25) shall be paid to
the Labor Commissioner at the time the application for issuance of a
talent agency license is filed.
   In addition to the filing fee required for application for
issuance of a talent agency license, every talent agency shall pay to
the Labor Commissioner annually at the time a license is issued or
renewed:
   (a) A license fee of two hundred twenty-five dollars ($225).
   (b) Fifty dollars ($50) for each branch office maintained by the
talent agency in this state.



1700.13.  A filing fee of twenty-five dollars ($25) shall be paid to
the Labor Commissioner at the time application for consent to the
transfer or assignment of a talent agency license is made but no
license fee shall be required upon the assignment or transfer of a
license.
   The location of a talent agency shall not be changed without the
written consent of the Labor Commissioner.



1700.14.  Whenever an application for a license or renewal is made,
and application processing pursuant to this chapter has not been
completed, the Labor Commissioner may, at his or her discretion,
issue a temporary or provisional license valid for a period not
exceeding 90 days, and subject, where appropriate, to the automatic
and summary revocation by the Labor Commissioner. Otherwise, the
conditions for issuance or renewal shall meet the requirements of
Section 1700.6.


1700.15.  A talent agency shall also deposit with the Labor
Commissioner, prior to the issuance or renewal of a license, a surety
bond in the penal sum of fifty thousand dollars ($50,000).



1700.16.  Such surety bonds shall be payable to the people of the
State of California, and shall be conditioned that the person
applying for the license will comply with this chapter and will pay
all sums due any individual or group of individuals when such person
or his representative or agent has received such sums, and will pay
all damages occasioned to any person by reason of misstatement,
misrepresentation, fraud, deceit, or any unlawful acts or omissions
of the licensed talent agency, or its agents or employees, while
acting within the scope of their employment.



1700.18.  All moneys collected for licenses and all fines collected
for violations of the provisions of this chapter shall be paid into
the State Treasury and credited to the General Fund.



1700.19.  Each license shall contain all of the following:
   (a) The name of the licensee.
   (b) A designation of the city, street, and number of the premises
in which the licensee is authorized to carry on the business of a
talent agency.
   (c) The number and date of issuance of the license.



1700.20.  No license shall protect any other than the person to whom
it is issued nor any places other than those designated in the
license. No license shall be transferred or assigned to any person
unless written consent is obtained from the Labor Commissioner.




1700.20a.  The Labor Commissioner may issue to a person eligible
therefor a certificate of convenience to conduct the business of a
talent agency where the person licensed to conduct such talent agency
business has died or has had a conservator of the estate appointed
by a court of competent jurisdiction. Such a certificate of
convenience may be denominated an estate certificate of convenience.



1700.20b.  To be eligible for a certificate of convenience, a person
shall be either:
   (a) The executor or administrator of the estate of a deceased
person licensed to conduct the business of a talent agency.
   (b) If no executor or administrator has been appointed, the
surviving spouse or heir otherwise entitled to conduct the business
of such deceased licensee.
   (c) The conservator of the estate of a person licensed to conduct
the business of a talent agency.
   Such estate certificate of convenience shall continue in force for
a period of not to exceed 90 days, and shall be renewable for such
period as the Labor Commissioner may deem appropriate, pending the
disposal of the talent agency license or the procurement of a new
license under the provisions of this chapter.



1700.21.  The Labor Commissioner may revoke or suspend any license
when it is shown that any of the following occur:
   (a) The licensee or his or her agent has violated or failed to
comply with any of the provisions of this chapter.
   (b) The licensee has ceased to be of good moral character.
   (c) The conditions under which the license was issued have changed
or no longer exist.
   (d) The licensee has made any material misrepresentation or false
statement in his or her application for a license.



1700.22.  Before revoking or suspending any license, the Labor
Commissioner shall afford the holder of such license an opportunity
to be heard in person or by counsel. The proceedings shall be
conducted in accordance with Chapter 5 (commencing at Section 11500)
of Part 1 of Division 3 of Title 2 of the Government Code, and the
commissioner shall have all the powers granted therein.

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1700.23.  Every talent agency shall submit to the Labor Commissioner
a form or forms of contract to be utilized by such talent agency in
entering into written contracts with artists for the employment of
the services of such talent agency by such artists, and secure the
approval of the Labor Commissioner thereof. Such approval shall not
be withheld as to any proposed form of contract unless such proposed
form of contract is unfair, unjust and oppressive to the artist. Each
such form of contract, except under the conditions specified in
Section 1700.45, shall contain an agreement by the talent agency to
refer any controversy between the artist and the talent agency
relating to the terms of the contract to the Labor Commissioner for
adjustment. There shall be printed on the face of the contract in
prominent type the following: "This talent agency is licensed by the
Labor Commissioner of the State of California."



1700.24.  Every talent agency shall file with the Labor Commissioner
a schedule of fees to be charged and collected in the conduct of
that occupation, and shall also keep a copy of the schedule posted in
a conspicuous place in the office of the talent agency. Changes in
the schedule may be made from time to time, but no fee or change of
fee shall become effective until seven days after the date of filing
thereof with the Labor Commissioner and until posted for not less
than seven days in a conspicuous place in the office of the talent
agency.


1700.25.  (a) A licensee who receives any payment of funds on behalf
of an artist shall immediately deposit that amount in a trust fund
account maintained by him or her in a bank or other recognized
depository. The funds, less the licensee's commission, shall be
disbursed to the artist within 30 days after receipt. However,
notwithstanding the preceding sentence, the licensee may retain the
funds beyond 30 days of receipt in either of the following
circumstances:
   (1) To the extent necessary to offset an obligation of the artist
to the talent agency that is then due and owing.
   (2) When the funds are the subject of a controversy pending before
the Labor Commissioner under Section 1700.44 concerning a fee
alleged to be owed by the artist to the licensee.
   (b) A separate record shall be maintained of all funds received on
behalf of an artist and the record shall further indicate the
disposition of the funds.
   (c) If disputed by the artist and the dispute is referred to the
Labor Commissioner, the failure of a licensee to disburse funds to an
artist within 30 days of receipt shall constitute a "controversy"
within the meaning of Section 1700.44.
   (d) Any funds specified in subdivision (a) that are the subject of
a controversy pending before the Labor Commissioner under Section
1700.44 shall be retained in the trust fund account specified in
subdivision (a) and shall not be used by the licensee for any purpose
until the controversy is determined by the Labor Commissioner or
settled by the parties.
   (e) If the Labor Commissioner finds, in proceedings under Section
1700.44, that the licensee's failure to disburse funds to an artist
within the time required by subdivision (a) was a willful violation,
the Labor Commissioner may, in addition to other relief under Section
1700.44, order the following:
   (1) Award reasonable attorney's fees to the prevailing artist.
   (2) Award interest to the prevailing artist on the funds
wrongfully withheld at the rate of 10 percent per annum during the
period of the violation.
   (f) Nothing in subdivision (c), (d), or (e) shall be deemed to
supersede Section 1700.45 or to affect the enforceability of a
contractual arbitration provision meeting the criteria of Section
1700.45.



1700.26.  Every talent agency shall keep records in a form approved
by the Labor Commissioner, in which shall be entered all of the
following:
   (1) The name and address of each artist employing the talent
agency.
   (2) The amount of fee received from the artist.
   (3) The employments secured by the artist during the term of the
contract between the artist and the talent agency, and the amount of
compensation received by the artists pursuant thereto.
   (4) Any other information which the Labor Commissioner requires.
   No talent agency, its agent or employees, shall make any false
entry in any records.


1700.27.  All books, records, and other papers kept pursuant to this
chapter by any talent agency shall be open at all reasonable hours
to the inspection of the Labor Commissioner and his agents. Every
talent agency shall furnish to the Labor Commissioner upon request a
true copy of such books, records, and papers or any portion thereof,
and shall make such reports as the Labor Commissioner prescribes.




1700.28.  Every talent agency shall post in a conspicuous place in
the office of such talent agency a printed copy of this chapter and
of such other statutes as may be specified by the Labor Commissioner.
Such copies shall also contain the name and address of the officer
charged with the enforcement of this chapter. The Labor Commissioner
shall furnish to talent agencies printed copies of any statute
required to be posted under the provisions of this section.



1700.29.  The Labor Commissioner may, in accordance with the
provisions of Chapter 4 (commencing at Section 11370), Part 1,
Division 3, Title 2 of the Government Code, adopt, amend, and repeal
such rules and regulations as are reasonably necessary for the
purpose of enforcing and administering this chapter and as are not
inconsistent with this chapter.



1700.30.  No talent agency shall sell, transfer, or give away to any
person other than a director, officer, manager, employee, or
shareholder of the talent agency any interest in or the right to
participate in the profits of the talent agency without the written
consent of the Labor Commissioner.



1700.31.  No talent agency shall knowingly issue a contract for
employment containing any term or condition which, if complied with,
would be in violation of law, or attempt to fill an order for help to
be employed in violation of law.


1700.32.  No talent agency shall publish or cause to be published
any false, fraudulent, or misleading information, representation,
notice, or advertisement. All advertisements of a talent agency by
means of cards, circulars, or signs, and in newspapers and other
publications, and all letterheads, receipts, and blanks shall be
printed and contain the licensed name and address of the talent
agency and the words "talent agency." No talent agency shall give any
false information or make any false promises or representations
concerning an engagement or employment to any applicant who applies
for an engagement or employment.


1700.33.  No talent agency shall send or cause to be sent, any
artist to any place where the health, safety, or welfare of the
artist could be adversely affected, the character of which place the
talent agency could have ascertained upon reasonable inquiry.




1700.34.  No talent agency shall send any minor to any saloon or
place where intoxicating liquors are sold to be consumed on the
premises.


1700.35.  No talent agency shall knowingly permit any persons of bad
character, prostitutes, gamblers, intoxicated persons, or procurers
to frequent, or be employed in, the place of business of the talent
agency.


1700.36.  No talent agency shall accept any application for
employment made by or on behalf of any minor, as defined by
subdivision (c) of Section 1286, or shall place or assist in placing
any such minor in any employment whatever in violation of Part 4
(commencing with Section 1171).



1700.37.  A minor cannot disaffirm a contract, otherwise valid,
entered into during minority, either during the actual minority of
the minor entering into such contract or at any time thereafter, with
a duly licensed talent agency as defined in Section 1700.4 to secure
him engagements to render artistic or creative services in motion
pictures, television, the production of phonograph records, the
legitimate or living stage, or otherwise in the entertainment field
including, but without being limited to, services as an actor,
actress, dancer, musician, comedian, singer, or other performer or
entertainer, or as a writer, director, producer, production
executive, choreographer, composer, conductor or designer, the blank
form of which has been approved by the Labor Commissioner pursuant to
Section 1700.23, where such contract has been approved by the
superior court of the county where such minor resides or is employed.
   Such approval may be given by the superior court on the petition
of either party to the contract after such reasonable notice to the
other party thereto as may be fixed by said court, with opportunity
to such other party to appear and be heard.



1700.38.  No talent agency shall knowingly secure employment for an
artist in any place where a strike, lockout, or other labor trouble
exists, without notifying the artist of such conditions.



1700.39.  No talent agency shall divide fees with an employer, an
agent or other employee of an employer.



1700.40.  (a) No talent agency shall collect a registration fee. In
the event that a talent agency shall collect from an artist a fee or
expenses for obtaining employment for the artist, and the artist
shall fail to procure the employment, or the artist shall fail to be
paid for the employment, the talent agency shall, upon demand
therefor, repay to the artist the fee and expenses so collected.
Unless repayment thereof is made within 48 hours after demand
therefor, the talent agency shall pay to the artist an additional sum
equal to the amount of the fee.
   (b) No talent agency may refer an artist to any person, firm, or
corporation in which the talent agency has a direct or indirect
financial interest for other services to be rendered to the artist,
including, but not limited to, photography, audition tapes,
demonstration reels or similar materials, business management,
personal management, coaching, dramatic school, casting or talent
brochures, agency-client directories, or other printing.
   (c) No talent agency may accept any referral fee or similar
compensation from any person, association, or corporation providing
services of any type expressly set forth in subdivision (b) to an
artist under contract with the talent agency.



1700.41.  In cases where an artist is sent by a talent agency beyond
the limits of the city in which the office of such talent agency is
located upon the representation of such talent agency that employment
of a particular type will there be available for the artist and the
artist does not find such employment available, such talent agency
shall reimburse the artist for any actual expenses incurred in going
to and returning from the place where the artist has been so sent
unless the artist has been otherwise so reimbursed.



1700.44.  (a) In cases of controversy arising under this chapter,
the parties involved shall refer the matters in dispute to the Labor
Commissioner, who shall hear and determine the same, subject to an
appeal within 10 days after determination, to the superior court
where the same shall be heard de novo. To stay any award for money,
the party aggrieved shall execute a bond approved by the superior
court in a sum not exceeding twice the amount of the judgment. In all
other cases the bond shall be in a sum of not less than one thousand
dollars ($1,000) and approved by the superior court.
   The Labor Commissioner may certify without a hearing that there is
no controversy within the meaning of this section if he or she has
by investigation established that there is no dispute as to the
amount of the fee due. Service of the certification shall be made
upon all parties concerned by registered or certified mail with
return receipt requested and the certification shall become
conclusive 10 days after the date of mailing if no objection has been
filed with the Labor Commissioner during that period.
   (b) Notwithstanding any other provision of law to the contrary,
failure of any person to obtain a license from the Labor Commissioner
pursuant to this chapter shall not be considered a criminal act
under any law of this state.
   (c) No action or proceeding shall be brought pursuant to this
chapter with respect to any violation which is alleged to have
occurred more than one year prior to commencement of the action or
proceeding.
   (d) It is not unlawful for a person or corporation which is not
licensed pursuant to this chapter to act in conjunction with, and at
the request of, a licensed talent agency in the negotiation of an
employment contract.



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



1700.47.  It shall be unlawful for any licensee to refuse to
represent any artist on account of that artist's race, color, creed,
sex, national origin, religion, or handicap.

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1720.  (a) As used in this chapter, "public works" means:
   (1) Construction, alteration, demolition, installation, or repair
work done under contract and paid for in whole or in part out of
public funds, except work done directly by any public utility company
pursuant to order of the Public Utilities Commission or other public
authority. For purposes of this paragraph, "construction" includes
work performed during the design and preconstruction phases of
construction including, but not limited to, inspection and land
surveying work.
   (2) Work done for irrigation, utility, reclamation, and
improvement districts, and other districts of this type. "Public work"
does not include the operation of the irrigation or drainage system
of any irrigation or reclamation district, except as used in Section
1778 relating to retaining wages.
   (3) Street, sewer, or other improvement work done under the
direction and supervision or by the authority of any officer or
public body of the state, or of any political subdivision or district
thereof, whether the political subdivision or district operates
under a freeholder's charter or not.
   (4) The laying of carpet done under a building lease-maintenance
contract and paid for out of public funds.
   (5) The laying of carpet in a public building done under contract
and paid for in whole or in part out of public funds.
   (6) Public transportation demonstration projects authorized
pursuant to Section 143 of the Streets and Highways Code.
   (b) For purposes of this section, "paid for in whole or in part
out of public funds" means all of the following:
   (1) The payment of money or the equivalent of money by the state
or political subdivision directly to or on behalf of the public works
contractor, subcontractor, or developer.
   (2) Performance of construction work by the state or political
subdivision in execution of the project.
   (3) Transfer by the state or political subdivision of an asset of
value for less than fair market price.
   (4) Fees, costs, rents, insurance or bond premiums, loans,
interest rates, or other obligations that would normally be required
in the execution of the contract, that are paid, reduced, charged at
less than fair market value, waived, or forgiven by the state or
political subdivision.
   (5) Money loaned by the state or political subdivision that is to
be repaid on a contingent basis.
   (6) Credits that are applied by the state or political subdivision
against repayment obligations to the state or political subdivision.
   (c) Notwithstanding subdivision (b):
   (1) Private residential projects built on private property are not
subject to the requirements of this chapter unless the projects are
built pursuant to an agreement with a state agency, redevelopment
agency, or local public housing authority.
   (2) If the state or a political subdivision requires a private
developer to perform construction, alteration, demolition,
installation, or repair work on a public work of improvement as a
condition of regulatory approval of an otherwise private development
project, and the state or political subdivision contributes no more
money, or the equivalent of money, to the overall project than is
required to perform this public improvement work, and the state or
political subdivision maintains no proprietary interest in the
overall project, then only the public improvement work shall thereby
become subject to this chapter.
   (3) If the state or a political subdivision reimburses a private
developer for costs that would normally be borne by the public, or
provides directly or indirectly a public subsidy to a private
development project that is de minimis in the context of the project,
an otherwise private development project shall not thereby become
subject to the requirements of this chapter.
   (4) The construction or rehabilitation of affordable housing units
for low- or moderate-income persons pursuant to paragraph (5) or (7)
of subdivision (e) of Section 33334.2 of the Health and Safety Code
that are paid for solely with moneys from a Low and Moderate Income
Housing Fund established pursuant to Section 33334.3 of the Health
and Safety Code or that are paid for by a combination of private
funds and funds available pursuant to Section 33334.2 or 33334.3 of
the Health and Safety Code do not constitute a project that is paid
for in whole or in part out of public funds.
   (5) "Paid for in whole or in part out of public funds" does not
include tax credits provided pursuant to Section 17053.49 or 23649 of
the Revenue and Taxation Code.
   (6) Unless otherwise required by a public funding program, the
construction or rehabilitation of privately owned residential
projects is not subject to the requirements of this chapter if one or
more of the following conditions are met:
   (A) The project is a self-help housing project in which no fewer
than 500 hours of construction work associated with the homes are to
be performed by the homebuyers.
   (B) The project consists of rehabilitation or expansion work
associated with a facility operated on a not-for-profit basis as
temporary or transitional housing for homeless persons with a total
project cost of less than twenty-five thousand dollars ($25,000).
   (C) Assistance is provided to a household as either mortgage
assistance, downpayment assistance, or for the rehabilitation of a
single-family home.
   (D) The project consists of new construction, or expansion, or
rehabilitation work associated with a facility developed by a
nonprofit organization to be operated on a not-for-profit basis to
provide emergency or transitional shelter and ancillary services and
assistance to homeless adults and children. The nonprofit
organization operating the project shall provide, at no profit, not
less than 50 percent of the total project cost from nonpublic
sources, excluding real property that is transferred or leased. Total
project cost includes the value of donated labor, materials,
architectural, and engineering services.
   (E) The public participation in the project that would otherwise
meet the criteria of subdivision (b) is public funding in the form of
below-market interest rate loans for a project in which occupancy of
at least 40 percent of the units is restricted for at least 20
years, by deed or regulatory agreement, to individuals or families
earning no more than 80 percent of the area median income.
   (d) Notwithstanding any provision of this section to the contrary,
the following projects shall not, solely by reason of this section,
be subject to the requirements of this chapter:
   (1) Qualified residential rental projects, as defined by Section
142 (d) of the Internal Revenue Code, financed in whole or in part
through the issuance of bonds that receive allocation of a portion of
the state ceiling pursuant to Chapter 11.8 of Division 1 (commencing
with Section 8869.80) of the Government Code on or before December
31, 2003.
   (2) Single-family residential projects financed in whole or in
part through the issuance of qualified mortgage revenue bonds or
qualified veterans' mortgage bonds, as defined by Section 143 of the
Internal Revenue Code, or with mortgage credit certificates under a
Qualified Mortgage Credit Certificate Program, as defined by Section
25 of the Internal Revenue Code, that receive allocation of a portion
of the state ceiling pursuant to Chapter 11.8 of Division 1
(commencing with Section 8869.80) of the Government Code on or before
December 31, 2003.
   (3) Low-income housing projects that are allocated federal or
state low-income housing tax credits pursuant to Section 42 of the
Internal Revenue Code, Chapter 3.6 of Division 31 (commencing with
Section 50199.4) of the Health and Safety Code, or Section 12206,
17058, or 23610.5 of the Revenue and Taxation Code, on or before
December 31, 2003.
   (e) If a statute, other than this section, or a regulation, other
than a regulation adopted pursuant to this section, or an ordinance
or a contract applies this chapter to a project, the exclusions set
forth in subdivision (d) do not apply to that project.
   (f) For purposes of this section, references to the Internal
Revenue Code mean the Internal Revenue Code of 1986, as amended, and
include the corresponding predecessor sections of the Internal
Revenue Code of 1954, as amended.
   (g) The amendments made to this section by either Chapter 938 of
the Statutes of 2001 or the act adding this subdivision shall not be
construed to preempt local ordinances requiring the payment of
prevailing wages on housing projects.



1720.2.  For the limited purposes of Article 2 (commencing with
Section 1770) of this chapter, "public works" also means any
construction work done under private contract when all of the
following conditions exist:
   (a) The construction contract is between private persons.
   (b) The property subject to the construction contract is privately
owned, but upon completion of the construction work, more than 50
percent of the assignable square feet of the property is leased to
the state or a political subdivision for its use.
   (c) Either of the following conditions exist:
   (1) The lease agreement between the lessor and the state or
political subdivision, as lessee, was entered into prior to the
construction contract.
   (2) The construction work is performed according to plans,
specifications, or criteria furnished by the state or political
subdivision, and the lease agreement between the lessor and the state
or political subdivision, as lessee, is entered into during, or upon
completion of, the construction work.


1720.3.  For the limited purposes of Article 2 (commencing with
Section 1770), "public works" also means the hauling of refuse from a
public works site to an outside disposal location, with respect to
contracts involving any state agency, including the California State
University and the University of California, or any political
subdivision of the state.



1720.4.  (a) This chapter shall not apply to any of the following
work:
   (1) Any work performed by a volunteer. For purposes of this
section, "volunteer" means an individual who performs work for civic,
charitable, or humanitarian reasons for a public agency or
corporation qualified under Section 501(c)(3) of the Internal Revenue
Code as a tax-exempt organization, without promise, expectation, or
receipt of any compensation for work performed.
   (A) An individual shall be considered a volunteer only when his or
her services are offered freely and without pressure and coercion,
direct or implied, from an employer.
   (B) An individual may receive reasonable meals, lodging,
transportation, and incidental expenses or nominal nonmonetary awards
without losing volunteer status if, in the entire context of the
situation, those benefits and payments are not a substitute form of
compensation for work performed.
   (C) An individual shall not be considered a volunteer if the
person is otherwise employed for compensation at any time (i) in the
construction, alteration, demolition, installation, repair, or
maintenance work on the same project, or (ii) by a contractor, other
than a corporation qualified under Section 501(c)(3) of the Internal
Revenue Code as a tax-exempt organization, that is receiving payment
to perform construction, alteration, demolition, installation,
repair, or maintenance work on the same project.
   (2) Any work performed by a volunteer coordinator. For purposes of
this section, "volunteer coordinator" means an individual paid by a
corporation qualified under Section 501(c)(3) of the Internal Revenue
Code as a tax-exempt organization, to oversee or supervise
volunteers. An individual may be considered a volunteer coordinator
even if the individual performs some nonsupervisory work on a project
alongside the volunteers, so long as the individual's primary
responsibility on the project is to oversee or supervise the
volunteers rather than to perform nonsupervisory work.
   (3) Any work performed by members of the California Conservation
Corps or of Community Conservation Corps certified by the California
Conservation Corps pursuant to Section 14507.5 of the Public
Resources Code.
   (b) This section shall apply retroactively to otherwise covered
work concluded on or after January 1, 2002, to the extent permitted
by law.
   (c) On or before January 1, 2011, the director shall submit a
written report to the Legislature that does both of the following:
   (1) Describes the number and the nature of complaints received and
investigations conducted involving the use of volunteers on public
works projects subject to this chapter, that are projects as
described in Section 21190 of the Public Resources Code.
   (2) Provides an estimate of each of the following as they relate
to public works projects that involve the acquisition, presentation,
or restoration of natural areas, including parks or ecological
reserves, or other public works projects that have one or more of the
purposes, as described in Section 21190 of the Public Resources
Code:
   (A) The number of hours per year that volunteers work on public
works projects.
   (B) The cost per year of public works projects, that are projects
as described in Section 21190 of the Public Resources Code, and the
percentage of work performed by volunteers.
   (C) The types of work done by volunteers on public works projects,
that are projects as described in Section 21190 of the Public
Resources Code.
   (d) The sum of one hundred thousand dollars ($100,000) is hereby
appropriated from the Environmental License Plate Fund for the
purposes of funding the report required pursuant to subdivision (c).
   (e) This section shall remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, which is enacted before January 1, 2012, deletes or extends
that date.



1721.  "Political subdivision" includes any county, city, district,
public housing authority, or public agency of the state, and
assessment or improvement districts.



1722.  "Awarding body" or "body awarding the contract" means
department, board, authority, officer or agent awarding a contract
for public work.


1722.1.  For the purposes of this chapter, "contractor" and
"subcontractor" include a contractor, subcontractor, licensee,
officer, agent, or representative thereof, acting in that capacity,
when working on public works pursuant to this article and Article 2
(commencing with Section 1770).



1723.  "Worker" includes laborer, worker, or mechanic.



1724.  "Locality in which public work is performed" means the county
in which the public work is done in cases in which the contract is
awarded by the State, and means the limits of the political
subdivision on whose behalf the contract is awarded in other cases.




1725.  "Alien" means any person who is not a born or fully
naturalized citizen of the United States.



1726.  (a) The body awarding the contract for public work shall take
cognizance of violations of this chapter committed in the course of
the execution of the contract, and shall promptly report any
suspected violations to the Labor Commissioner.
   (b) If the awarding body determines as a result of its own
investigation that there has been a violation of this chapter and
withholds contract payments, the procedures in Section 1771.6 shall
be followed.
   (c) A contractor may bring an action in a court of competent
jurisdiction to recover from an awarding body the difference between
the wages actually paid to an employee and the wages that were
required to be paid to an employee under this chapter, any penalties
required to be paid under this chapter, and costs and attorney's fees
related to this action, if either of the following is true:
   (1) The awarding body previously affirmatively represented to the
contractor in writing, in the call for bids, or otherwise, that the
work to be covered by the bid or contract was not a "public work," as
defined in this chapter.
   (2) The awarding body received actual written notice from the
Department of Industrial Relations that the work to be covered by the
bid or contract is a "public work," as defined in this chapter, and
failed to disclose that information to the contractor before the bid
opening or awarding of the contract.



1727.  (a) Before making payments to the contractor of money due
under a contract for public work, the awarding body shall withhold
and retain therefrom all amounts required to satisfy any civil wage
and penalty assessment issued by the Labor Commissioner under this
chapter. The amounts required to satisfy a civil wage and penalty
assessment shall not be disbursed by the awarding body until receipt
of a final order that is no longer subject to judicial review.
   (b) If the awarding body has not retained sufficient money under
the contract to satisfy a civil wage and penalty assessment based on
a subcontractor's violations, the contractor shall, upon the request
of the Labor Commissioner, withhold sufficient money due the
subcontractor under the contract to satisfy the assessment and
transfer the money to the awarding body. These amounts shall not be
disbursed by the awarding body until receipt of a final order that is
no longer subject to judicial review.



1728.  In cases of contracts with assessment or improvement
districts where full payment is made in the form of a single warrant,
or other evidence of full payment, after completion and acceptance
of the work, the awarding body shall accept from the contractor in
cash a sum equal to, and in lieu of, any amount required to be
withheld, retained, or forfeited under the provisions of this
section, and said awarding body shall then release the final warrant
or payment in full.


1729.  It shall be lawful for any contractor to withhold from any
subcontractor under him sufficient sums to cover any penalties
withheld from him by the awarding body on account of the
subcontractor's failure to comply with the terms of this chapter, and
if payment has already been made to the subcontractor the contractor
may recover from him the amount of the penalty or forfeiture in a
suit at law.



1734.  Any court collecting any fines or penalties under the
criminal provisions of this chapter or any of the labor laws
pertaining to public works shall as soon as practicable after the
receipt thereof deposit same with the county treasurer of the county
in which such court is situated. Amounts so deposited shall be paid
at least once a month by warrant of the county auditor drawn upon
requisition of the judge or clerk of said court, to the State
Treasurer for deposit in the General Fund.



1735.  A contractor shall not discriminate in the employment of
persons upon public works on any basis listed in subdivision (a) of
Section 12940 of the Government Code, as those bases are defined in
Sections 12926 and 12926.1 of the Government Code, except as
otherwise provided in Section 12940 of the Government Code. Every
contractor for public works who violates this section is subject to
all the penalties imposed for a violation of this chapter.



1736.  During any investigation conducted under this part, the
Division of Labor Standards Enforcement shall keep confidential the
name of any employee who reports a violation of this chapter and any
other information that may identify the employee.




1740.  Notwithstanding any other provision of this chapter or any
other law of this State, except limitations imposed by the
Constitution, the legislative body of a political subdivision which
has received or is to receive a loan or grant of funds from the
Federal Government or a federal department or agency for public works
of that political subdivision, may provide in its call for bids in
connection with such public works that all bid specifications and
contracts and other procedures in connection with bids or contracts
shall be subject to modification to comply with revisions in federal
minimum wage schedules without the necessity of republication or
duplication of other formal statutory requirements.



1741.  (a) If the Labor Commissioner or his or her designee
determines after an investigation that there has been a violation of
this chapter, the Labor Commissioner shall with reasonable promptness
issue a civil wage and penalty assessment to the contractor or
subcontractor or both. The assessment shall be in writing and shall
describe the nature of the violation and the amount of wages,
penalties, and forfeitures due and shall include the basis for the
assessment. The assessment shall be served not later than 180 days
after the filing of a valid notice of completion in the office of the
county recorder in each county in which the public work or some part
thereof was performed, or not later than 180 days after acceptance
of the public work, whichever occurs last. However, if the assessment
is served after the expiration of this 180-day period, but before
the expiration of an additional 180 days, and the awarding body has
not yet made full payment to the contractor, the assessment is valid
up to the amount of the funds retained. Service of the assessment
shall be completed pursuant to Section 1013 of the Code of Civil
Procedure by first-class and certified mail to the contractor,
subcontractor, and awarding body. The assessment shall advise the
contractor and subcontractor of the procedure for obtaining review of
the assessment. The Labor Commissioner shall, to the extent
practicable, ascertain the identity of any bonding company issuing a
bond that secures the payment of wages covered by the assessment and
any surety on a bond, and shall serve a copy of the assessment by
certified mail to the bonding company or surety at the same time
service is made to the contractor, subcontractor, and awarding body.
However, no bonding company or surety shall be relieved of its
responsibilities because it failed to receive notice from the Labor
Commissioner.
   (b) Interest shall accrue on all due and unpaid wages at the rate
described in subdivision (b) of Section 3289 of the Civil Code. The
interest shall accrue from the date that the wages were due and
payable, as provided in Part 7 (commencing with Section 1720) of
Division 2, until the wages are paid.
   (c) (1) The Labor Commissioner shall maintain a public list of the
names of each contractor and subcontractor who has been found to
have committed a willful violation of Section 1775 or to whom a final
order, which is no longer subject to judicial review, has been
issued.
   (2) The list shall include the date of each assessment, the amount
of wages and penalties assessed, and the amount collected.
   (3) The list shall be updated at least quarterly, and the
contractor's or subcontractor's name shall remain on that list until
the assessment is satisfied, or for a period of three years beginning
from the date of the issuance of the assessment, whichever is later.



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



1742.1.  (a) After 60 days following the service of a civil wage and
penalty assessment under Section 1741 or a notice of withholding
under subdivision (a) of Section 1771.6, the affected contractor,
subcontractor, and surety on a bond or bonds issued to secure the
payment of wages covered by the assessment or notice shall be liable
for liquidated damages in an amount equal to the wages, or portion
thereof, that still remain unpaid. If the assessment or notice
subsequently is overturned or modified after administrative or
judicial review, liquidated damages shall be payable only on the
wages found to be due and unpaid.
   Additionally, if the contractor or subcontractor demonstrates to
the satisfaction of the director that he or she had substantial
grounds for appealing the assessment or notice with respect to a
portion of the unpaid wages covered by the assessment or notice, the
director may exercise his or her discretion to waive payment of the
liquidated damages with respect to that portion of the unpaid wages.
Any liquidated damages shall be distributed to the employee along
with the unpaid wages. Section 203.5 shall not apply to claims for
prevailing wages under this chapter.
   (b) Notwithstanding subdivision (a), there shall be no liability
for liquidated damages if the full amount of the assessment or
notice, including penalties, has been deposited with the Department
of Industrial Relations, within 60 days following service of the
assessment or notice, for the department to hold in escrow pending
administrative and judicial review. The department shall release such
funds, plus any interest earned, at the conclusion of all
administrative and judicial review to the persons and entities who
are found to be entitled to such funds.
   (c) The Labor Commissioner shall, upon receipt of a request from
the affected contractor or subcontractor within 30 days following the
service of a civil wage and penalty assessment under Section 1741,
afford the contractor or subcontractor the opportunity to meet with
the Labor Commissioner or his or her designee to attempt to settle a
dispute regarding the assessment without the need for formal
proceedings. The awarding body shall, upon receipt of a request from
the affected contractor or subcontractor within 30 days following the
service of a notice of withholding under subdivision (a) of Section
1771.6, afford the contractor or subcontractor the opportunity to
meet with the designee of the awarding body to attempt to settle a
dispute regarding the notice without the need for formal proceedings.
The settlement meeting may be held in person or by telephone and
shall take place before the expiration of the 60-day period for
seeking administrative review. No evidence of anything said or any
admission made for the purpose of, in the course of, or pursuant to,
the settlement meeting is admissible or subject to discovery in any
administrative or civil proceeding. No writing prepared for the
purpose of, in the course of, or pursuant to, the settlement meeting,
other than a final settlement agreement, is admissible or subject to
discovery in any administrative or civil proceeding. The assessment
or notice shall advise the contractor or subcontractor of the
opportunity to request a settlement meeting.
   (d) This section shall become operative on January 1, 2007.



1743.  (a) The contractor and subcontractor shall be jointly and
severally liable for all amounts due pursuant to a final order under
this chapter or a judgment thereon. The Labor Commissioner shall
first exhaust all reasonable remedies to collect the amount due from
the subcontractor before pursuing the claim against the contractor.
   (b) From the amount collected, the wage claim shall be satisfied
prior to the amount being applied to penalties. If insufficient money
is recovered to pay each worker in full, the money shall be prorated
among all workers.
   (c) Wages for workers who cannot be located shall be placed in the
Industrial Relations Unpaid Wage Fund and held in trust for the
workers pursuant to Section 96.7. Penalties shall be paid into the
General Fund.
   (d) A final order under this chapter or a judgment thereon shall
be binding, with respect to the amount found to be due, on a bonding
company issuing a bond that secures the payment of wages and a surety
on a bond. The limitations period of any action on a payment bond
shall be tolled pending a final order that is no longer subject to
judicial review.

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

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1770.  The Director of the Department of Industrial Relations shall
determine the general prevailing rate of per diem wages in accordance
with the standards set forth in Section 1773, and the director's
determination in the matter shall be final except as provided in
Section 1773.4. Nothing in this article, however, shall prohibit the
payment of more than the general prevailing rate of wages to any
workman employed on public work. Nothing in this act shall permit any
overtime work in violation of Article 3 of this chapter.



1771.  Except for public works projects of one thousand dollars
($1,000) or less, not less than the general prevailing rate of per
diem wages for work of a similar character in the locality in which
the public work is performed, and not less than the general
prevailing rate of per diem wages for holiday and overtime work fixed
as provided in this chapter, shall be paid to all workers employed
on public works.
   This section is applicable only to work performed under contract,
and is not applicable to work carried out by a public agency with its
own forces. This section is applicable to contracts let for
maintenance work.


1771.2.  A joint labor-management committee established pursuant to
the federal Labor Management Cooperation Act of 1978 (Section 175a of
Title 29 of the United States Code) may bring an action in any court
of competent jurisdiction against an employer that fails to pay the
prevailing wage to its employees, as required by this article. This
action shall be commenced not later than 180 days after the filing of
a valid notice of completion in the office of the county recorder in
each county in which the public work or some part thereof was
performed, or not later than 180 days after acceptance of the public
work, whichever last occurs.



1771.3.  (a) (1) The State Public Works Enforcement Fund is hereby
created as a special fund in the State Treasury. Notwithstanding
Section 13340 of the Government Code, moneys in the fund shall be
continuously appropriated for the purposes the Department of
Industrial Relations' enforcement of prevailing wage requirements
applicable to public works pursuant to this chapter, and labor
compliance enforcement as set forth in subdivision (b) of Section
1771.55, and shall not be used or borrowed for any other purpose.
   (2) The Director of Industrial Relations, with the approval of the
Director of Finance, shall determine and assess a fee on any
awarding body using funds derived from any bond issued by the state
to fund public works projects, in an amount not to exceed one-fourth
of 1 percent of the bond proceeds. The fee shall be set to cover the
expenses of the Department of Industrial Relations for administering
the prevailing wage requirements on public works projects using those
bond funds. All fees collected pursuant to this subdivision section
shall be deposited in the State Public Works Enforcement Fund, and
shall be used only for enforcement of prevailing wage requirements on
projects using bond funds and other projects for which awarding
bodies pay into the fund. The administration and enforcement of
prevailing wage requirements is an administrative expense associated
with public works construction.
   (b) The fee imposed by this section shall not apply to any
contract awarded prior to the effective date of regulations adopted
by the department pursuant to paragraph (2) of subdivision (b) of
Section 1771.55.
   (c) The department shall report to the Legislature, not later than
March 1, 2011, on its administration of the State Public Works
Enforcement Fund, and the prevailing wage enforcement activities
undertaken by the department utilizing that funding.



1771.5.  (a) Notwithstanding Section 1771, an awarding body may not
require the payment of the general prevailing rate of per diem wages
or the general prevailing rate of per diem wages for holiday and
overtime work for any public works project of twenty-five thousand
dollars ($25,000) or less when the project is for construction work,
or for any public works project of fifteen thousand dollars ($15,000)
or less when the project is for alteration, demolition, repair, or
maintenance work, if the awarding body elects to initiate and enforce
a labor compliance program pursuant to subdivision (b) for every
public works project under the authority of the awarding body.
   (b) For purposes of this section, a labor compliance program shall
include, but not be limited to, the following requirements:
   (1) All bid invitations and public works contracts shall contain
appropriate language concerning the requirements of this chapter.
   (2) A prejob conference shall be conducted with the contractor and
subcontractors to discuss federal and state labor law requirements
applicable to the contract.
   (3) Project contractors and subcontractors shall maintain and
furnish, at a designated time, a certified copy of each weekly
payroll containing a statement of compliance signed under penalty of
perjury.
   (4) The awarding body shall review, and, if appropriate, audit
payroll records to verify compliance with this chapter.
   (5) The awarding body shall withhold contract payments when
payroll records are delinquent or inadequate.
   (6) The awarding body shall withhold contract payments equal to
the amount of underpayment and applicable penalties when, after
investigation, it is established that underpayment has occurred.
   (c) For purposes of this chapter, "labor compliance program" means
a labor compliance program that is approved, as specified in state
regulations, by the Director of the Department of Industrial
Relations.
   (d) For purposes of this chapter, the Director of the Department
of Industrial Relations may revoke the approval of a labor compliance
program in the manner specified in state regulations.
   (e) This section shall not apply to contracts awarded after the
latter of either the effective date of any fee adopted by the
Department of Industrial Relations to be deposited in the State
Public Works Enforcement Fund, pursuant to Sections 1771.3, 1771.55,
1771.75, 1771.85, and 1771.9 of this code, subdivision (d) of Section
17250.30 of, and subdivision (d) of Section 81704, of the Education
Code, subdivision (f) of Section 6531 of the Government Code, and
paragraph (3) of subdivision (b) of Section 20133 of, paragraph (5)
of subdivision (b) of Section 20175.2 of, subdivision (b) of Section
20193 of, subdivision (c) of Section 20209.7 of, Section 20209.24 of,
and subdivision (a) of Section 20919.3 of the Public Contract Code,
or the effective date of the regulations adopted by the department
pursuant to paragraph (2) of subdivision (b) of Section 1771.55.



1771.55.  (a) Notwithstanding Section 1771, an awarding body may not
require the payment of the general prevailing rate of per diem wages
or the general prevailing rate of per diem wages for holiday and
overtime work for any public works project of twenty-five thousand
dollars ($25,000) or less when the project is for construction work,
or for any public works project of fifteen thousand dollars ($15,000)
or less when the project is for alteration, demolition, repair, or
maintenance work, if the awarding body elects to undertake all of the
following for every public works project under the authority of the
awarding body:
   (1) Ensure that all bid invitations and public works contracts
contain appropriate language concerning the requirements of this
chapter.
   (2) Conduct a prejob conference with the contractor and
subcontractor to discuss federal and state labor law requirements
applicable to contract.
   (3) Pay a fee to the Department of Industrial Relations for the
enforcement of prevailing wage obligations in an amount that the
department shall establish, and as it may from time to time amend, in
an amount not to exceed one-fourth of 1 percent of the total public
works project costs, sufficient to support the department's costs in
ensuring compliance with and enforcing prevailing wage requirements
on the project. All fees collected pursuant to this subdivision shall
be deposited in the State Public Works Enforcement Fund created by
Section 1771.3, and shall be used only for enforcement of prevailing
wage requirements on those projects.
   (b) For all projects required to pay a fee into the State Public
Works Enforcement Fund, the Department of Industrial Relations shall
do the following:
   (1) Review on a monthly basis, and if appropriate, audit payroll
records to verify compliance with this chapter.
   (2) Adopt reasonable regulations setting forth the manner in which
the department will ensure compliance with and enforce prevailing
wage requirements on the project. In adopting these regulations, the
department shall give consideration to the duties of labor compliance
programs as set forth in Sections 16421 to 16439, inclusive, of
Title 8 of the California Code of Regulations.
   (c) The department may waive the fee set forth in this section for
an awarding body that has previously been granted approval by the
director to initiate and operate a labor compliance program on the
awarding body's projects, and that requests to continue to operate
that labor compliance program on its projects in lieu of labor
compliance by the department pursuant to subdivision (b). This fee
shall not be waived for an awarding body that contracts with a third
party to initiate and enforce labor compliance programs on the
awarding body's projects.
   (d) Subdivisions (a) and (c) of this section shall only apply to a
contract awarded on or after both the effective date of the
department's adoption of the fee set forth in subdivision (a) and of
regulations pursuant to paragraph (2) of subdivision (b).




1771.6.  (a) Any awarding body that enforces this chapter in
accordance with Section 1726 or 1771.5 shall provide notice of the
withholding of contract payments to the contractor and subcontractor,
if applicable. The notice shall be in writing and shall describe the
nature of the violation and the amount of wages, penalties, and
forfeitures withheld. Service of the notice shall be completed
pursuant to Section 1013 of the Code of Civil Procedure by
first-class and certified mail to the contractor and subcontractor,
if applicable. The notice shall advise the contractor and
subcontractor, if applicable, of the procedure for obtaining review
of the withholding of contract payments.
   The awarding body shall also serve a copy of the notice by
certified mail to any bonding company issuing a bond that secures the
payment of wages covered by the notice and to any surety on a bond,
if their identities are known to the awarding body.
   (b) The withholding of contract payments in accordance with
Section 1726 or 1771.5 shall be reviewable under Section 1742 in the
same manner as if the notice of the withholding was a civil penalty
order of the Labor Commissioner under this chapter. If review is
requested, the Labor Commissioner may intervene to represent the
awarding body.
   (c) Pending a final order, or the expiration of the time period
for seeking review of the notice of the withholding, the awarding
body shall not disburse any contract payments withheld.
   (d) From the amount recovered, the wage claim shall be satisfied
prior to the amount being applied to penalties. If insufficient money
is recovered to pay each worker in full, the money shall be prorated
among all workers.
   (e) Wages for workers who cannot be located shall be placed in the
Industrial Relations Unpaid Wage Fund and held in trust for the
workers pursuant to Section 96.7. Penalties shall be paid into the
General Fund of the awarding body that has enforced this chapter
pursuant to Section 1771.5.


1771.7.  (a) (1) An awarding body that chooses to use funds derived
from either the Kindergarten-University Public Education Facilities
Bond Act of 2002 or the Kindergarten-University Public Education
Facilities Bond Act of 2004 for a public works project, shall
initiate and enforce, or contract with a third party to initiate and
enforce, a labor compliance program, as described in subdivision (b)
of Section 1771.5, with respect to that public works project.
   (2) If an awarding body described in paragraph (1) chooses to
contract with a third party to initiate and enforce a labor
compliance program for a project described in paragraph (1), that
third party shall not review the payroll records of its own employees
or the employees of its subcontractors, and the awarding body or an
independent third party shall review these payroll records for
purposes of the labor compliance program.
   (b) This section applies to public works that commence on or after
April 1, 2003. For purposes of this subdivision, work performed
during the design and preconstruction phases of construction,
including, but not limited to, inspection and land surveying work,
does not constitute the commencement of a public work.
   (c) (1) For purposes of this section, if any campus of the
California State University chooses to use the funds described in
subdivision (a), then the "awarding body" is the Chancellor of the
California State University. For purposes of this subdivision, if the
chancellor is required by subdivision (a) to initiate and enforce,
or to contract with a third party to initiate and enforce, the labor
compliance program described in that subdivision, then in addition to
the requirements imposed upon an awarding body by subdivision (b) of
Section 1771.5, the Chancellor of the California State University
shall review the payroll records described in paragraphs (3) and (4)
of subdivision (b) of Section 1771.5 on at least a monthly basis to
ensure the awarding body's compliance with the labor compliance
program.
   (2) For purposes of this subdivision, if an awarding body
described in subdivision (a) is the University of California or any
campus of that university, and that awarding body is required by
subdivision (a) to initiate and enforce, or to contract with a third
party to initiate and enforce, the labor compliance program described
in that subdivision, then in addition to the requirements imposed
upon an awarding body by subdivision (b) of Section 1771.5, the
payroll records described in paragraphs (3) and (4) of subdivision
(b) of Section 1771.5 shall be reviewed on at least a monthly basis
to ensure the awarding body's compliance with the labor compliance
program.
   (d) (1) An awarding body described in subdivision (a) shall make a
written finding that the awarding body has initiated and enforced,
or has contracted with a third party to initiate and enforce, the
labor compliance program described in subdivision (a).
   (2) (A) If an awarding body described in subdivision (a) is a
school district, the governing body of that district shall transmit
to the State Allocation Board, in the manner determined by that
board, a copy of the finding described in paragraph (1).
   (B) The State Allocation Board shall not release the funds
described in subdivision (a) to an awarding body that is a school
district until the State Allocation Board has received the written
finding described in paragraph (1).
   (C) If the State Allocation Board conducts a postaward audit
procedure with respect to an award of the funds described in
subdivision (a) to an awarding body that is a school district, the
State Allocation Board shall verify, in the manner determined by that
board, that the school district has complied with the requirements
of this subdivision.
   (3) If an awarding body described in subdivision (a) is a
community college district, the Chancellor of the California State
University, or the office of the President of the University of
California or any campus of the University of California, that
awarding body shall transmit, in the manner determined by the
Director of the Department of Industrial Relations, a copy of the
finding described in paragraph (1) to the director of that
department, or the director of any successor agency that is
responsible for the oversight of employee wage and employee work
hours laws.
   (e) Notwithstanding Section 17070.63 of the Education Code, for
purposes of this act, the State Allocation Board shall increase the
grant amounts as described in Chapter 12.5 (commencing with Section
17070.10) of Part 10 of Division 1 of Title 1 of the Education Code
to accommodate the state's share of the increased costs of a new
construction or modernization project due to the initiation and
enforcement of the labor compliance program.
   (f) This section shall become inoperative upon the latter of the
effective date of regulations adopted by the Department of Industrial
Relations pursuant to paragraph (2) of subdivision (b) of Section
1771.55 or the effective date of the fees adopted by the department
pursuant to Section 1771.75, and shall be repealed on the January 1
next following that date.


1771.75.  (a) An awarding body that chooses to use funds derived
from either the Kindergarten-University Public Education Facilities
Bond Act of 2002 or the Kindergarten-University Public Education
Facilities Bond Act of 2004 for a public works project, shall pay a
fee to the Department of Industrial Relations, in an amount that the
department shall establish, and as it may from time to time amend, in
an amount not to exceed one-fourth of 1 percent of the bond
proceeds, sufficient to support the department's costs in ensuring
compliance with and enforcing prevailing wage requirements on the
project, and labor compliance enforcement as set forth in subdivision
(b) of Section 1771.55. All fees collected pursuant to this
subdivision shall be deposited in the State Public Works Enforcement
Fund created by Section 1771.3, and shall be used only for
enforcement of prevailing wage requirements on those projects. The
department may waive the fee set forth in this section for an
awarding body that has previously been granted approval by the
director to initiate and operate a labor compliance program on the
awarding body's projects, and requests to continue to operate that
labor compliance program on its projects in lieu of labor compliance
by the department pursuant to subdivision (b) of Section 1771.55.
This fee shall not be waived for an awarding body that contracts with
a third party to initiate and enforce labor compliance programs on
the awarding body's projects.
   (b) This section applies to public works that commence on or after
April 1, 2003. For purposes of this subdivision, work performed
during the design and preconstruction phases of construction,
including, but not limited to, inspection and land surveying work,
does not constitute the commencement of a public work.
   (c) (1) For purposes of this section, if any campus of the
California State University chooses to use the funds described in
subdivision (a), then the awarding body is the Chancellor of the
California State University and the chancellor is required by
subdivision (a) to pay a fee to the Department of Industrial
Relations.
   (2) For purposes of this subdivision, if an awarding body
described in subdivision (a) is the University of California or any
campus of that university, and that awarding body is required by
subdivision (a) to pay a fee to the Department of Industrial
Relations, then the university shall review the payroll records on at
least a monthly basis to ensure the university's compliance with
prevailing wage obligations.
   (d) The department shall notify the State Allocation Board of
awarding bodies that have paid a fee as required by subdivision (a).
   (e) Notwithstanding Section 17070.63 of the Education Code, for
purposes of this section, the State Allocation Board shall increase
the grant amounts as described in Chapter 12.5 (commencing with
Section 17070.10) of Part 10 of Division 1 of Title 1 of the
Education Code to accommodate the state's share of the increased
costs of a new construction or modernization project due to the fee
required to be paid to the Department of Industrial Relations to
ensure compliance with and enforcement of prevailing wage laws on the
project. All fees collected pursuant to this subdivision shall be
deposited in the State Public Works Enforcement Fund created by
Section 1771.3.
   (f) This section shall only apply to a contract awarded on or
after both the effective date of the department's adoption of the fee
set forth in subdivision (a) and of regulations pursuant to
paragraph (2) of subdivision (b) of Section 1771.55.




1771.8.  (a) The body awarding any contract for a public works
project financed in any part with funds made available by the Water
Security, Clean Drinking Water, Coastal and Beach Protection Act of
2002 (Division 26.5 (commencing with Section 79500) of the Water
Code) shall adopt and enforce, or contract with a third party to
adopt and enforce, a labor compliance program pursuant to subdivision
(b) of Section 1771.5 for application to that public works project.
   (b) This section shall become operative only if the Water
Security, Clean Drinking Water, Coastal and Beach Protection Act of
2002 (Division 26.5 (commencing with Section 79500) of the Water
Code) is approved by the voters at the November 5, 2002, statewide
general election.
   (c) This section shall become inoperative on the latter of the
effective date of the regulations adopted by the Department of
Industrial Relations pursuant to paragraph (2) of subdivision (b) of
Section 1771.55 or the effective date of the fees adopted by the
department pursuant to Section 1771.85, and shall be repealed on the
January 1 next following that date.


1771.85.  (a) The body awarding any contract for a public works
project financed in any part with funds made available by the Water
Security, Clean Drinking Water, Coastal and Beach Protection Act of
2002 (Division 26.5 (commencing with Section 79500) of the Water
Code) shall pay a fee to the Department of Industrial Relations, in
an amount that the department shall establish, and as it may from
time to time amend, in an amount not to exceed one-fourth of 1
percent of the bond proceeds, sufficient to support the department's
costs in ensuring compliance with and enforcing prevailing wage
requirements on the project, and labor compliance enforcement as set
forth in subdivision (b) of Section 1771.55. All fees collected
pursuant to this subdivision shall be deposited in the State Public
Works Enforcement Fund created by Section 1771.3, and shall be used
only for enforcement of prevailing wage requirements on those
projects. The department may waive the fee set forth in this section
for an awarding body that has previously been granted approval by the
director to initiate and operate a labor compliance program on the
awarding body's projects, and requests to continue to operate that
labor compliance program on its projects in lieu of labor compliance
by the department pursuant to subdivision (b) of Section 1771.55.
This fee shall not be waived for an awarding body that contracts with
a third party to initiate and enforce labor compliance programs on
the awarding body's projects.
   (b) This section shall only apply to a contract awarded on or
after both the effective date of the department's adoption of the fee
set forth in subdivision (a) and of regulations pursuant to
paragraph (2) of subdivision (b) of Section 1771.55.



1771.9.  (a) The body awarding any contract for a public works
project financed in any part with funds made available by the Safe,
Reliable High-Speed Passenger Train Bond Act for the 21st Century
(Chapter 20 (commencing with Section 2704) of Division 3 of the
Streets and Highways Code) shall pay a fee to the Department of
Industrial Relations, in an amount that the department shall
establish, and as it may from time to time amend, in an amount not to
exceed one-fourth of 1 percent of the bond proceeds, sufficient to
support the department's costs in ensuring compliance with and
enforcing prevailing wage requirements on the project, and labor
compliance enforcement as set forth in subdivision (b) of Section
1771.55. All fees collected pursuant to this subdivision shall be
deposited in the State Public Works Enforcement Fund created by
Section 1771.3, and shall be used only for enforcement of prevailing
wage requirements on those projects. The department may waive the fee
set forth in this section for an awarding body that has previously
been granted approval by the director to initiate and operate a labor
compliance program on the awarding body's projects, and requests to
continue to operate that labor compliance program on its projects in
lieu of labor compliance by the department pursuant to subdivision
(b) of Section 1771.55. This fee shall not be waived for an awarding
body that contracts with a third party to initiate and enforce labor
compliance programs on the awarding body's projects.
   (b) This section shall apply only to a contract awarded on or
after both the effective date of the department's adoption of the fee
set forth in subdivision (a) and of regulations pursuant to
paragraph (2) of subdivision (b) of Section 1771.55.




1772.  Workers employed by contractors or subcontractors in the
execution of any contract for public work are deemed to be employed
upon public work.


1773.  The body awarding any contract for public work, or otherwise
undertaking any public work, shall obtain the general prevailing rate
of per diem wages and the general prevailing rate for holiday and
overtime work in the locality in which the public work is to be
performed for each craft, classification, or type of worker needed to
execute the contract from the Director of Industrial Relations. The
holidays upon which those rates shall be paid need not be specified
by the awarding body, but shall be all holidays recognized in the
applicable collective bargaining agreement. If the prevailing rate is
not based on a collectively bargained rate, the holidays upon which
the prevailing rate shall be paid shall be as provided in Section
6700 of the Government Code.
   In determining the rates, the Director of Industrial Relations
shall ascertain and consider the applicable wage rates established by
collective bargaining agreements and the rates that may have been
predetermined for federal public works, within the locality and in
the nearest labor market area. Where the rates do not constitute the
rates actually prevailing in the locality, the director shall obtain
and consider further data from the labor organizations and employers
or employer associations concerned, including the recognized
collective bargaining representatives for the particular craft,
classification, or type of work involved. The rate fixed for each
craft, classification, or type of work shall be not less than the
prevailing rate paid in the craft, classification, or type of work.
   If the director determines that the rate of prevailing wage for
any craft, classification, or type of worker is the rate established
by a collective bargaining agreement, the director may adopt that
rate by reference as provided for in the collective bargaining
agreement and that determination shall be effective for the life of
the agreement or until the director determines that another rate
should be adopted.


1773.1.  (a) Per diem wages, when the term is used in this chapter
or in any other statute applicable to public works, shall be deemed
to include employer payments for the following:
   (1) Health and welfare.
   (2) Pension.
   (3) Vacation.
   (4) Travel.
   (5) Subsistence.
   (6) Apprenticeship or other training programs authorized by
Section 3093, so long as the cost of training is reasonably related
to the amount of the contributions.
   (7) Worker protection and assistance programs or committees
established under the federal Labor Management Cooperation Act of
1978 (Section 175a of Title 29 of the United States Code), to the
extent that the activities of the programs or committees are directed
to the monitoring and enforcement of laws related to public works.
   (8) Industry advancement and collective bargaining agreements
administrative fees, provided that these payments are required under
a collective bargaining agreement pertaining to the particular craft,
classification, or type of work within the locality or the nearest
labor market area at issue.
   (9) Other purposes similar to those specified in paragraphs (1) to
(8), inclusive.
   (b) Employer payments include all of the following:
   (1) The rate of contribution irrevocably made by the employer to a
trustee or third person pursuant to a plan, fund, or program.
   (2) The rate of actual costs to the employer reasonably
anticipated in providing benefits to workers pursuant to an
enforceable commitment to carry out a financially responsible plan or
program communicated in writing to the workers affected.
   (3) Payments to the California Apprenticeship Council pursuant to
Section 1777.5.
   (c) Employer payments are a credit against the obligation to pay
the general prevailing rate of per diem wages. However, no credit
shall be granted for benefits required to be provided by other state
or federal law. Credits for employer payments also shall not reduce
the obligation to pay the hourly straight time or overtime wages
found to be prevailing.
   (d) The credit for employer payments shall be computed on an
annualized basis where the employer seeks credit for employer
payments that are higher for public works projects than for private
construction performed by the same employer, except where one or more
of the following occur:
   (1) The employer has an enforceable obligation to make the higher
rate of payments on future private construction performed by the
employer.
   (2) The higher rate of payments is required by a project labor
agreement.
   (3) The payments are made to the California Apprenticeship Council
pursuant to Section 1777.5.
   (4) The director determines that annualization would not serve the
purposes of this chapter.
   (e) (1) For the purpose of determining those per diem wages for
contracts, the representative of any craft, classification, or type
of worker needed to execute contracts shall file with the Department
of Industrial Relations fully executed copies of the collective
bargaining agreements for the particular craft, classification, or
type of work involved. The collective bargaining agreements shall be
filed after their execution and thereafter may be taken into
consideration pursuant to Section 1773 whenever filed 30 days prior
to the call for bids. If the collective bargaining agreement has not
been formalized, a typescript of the final draft may be filed
temporarily, accompanied by a statement under penalty of perjury as
to its effective date.
   (2) Where a copy of the collective bargaining agreement has
previously been filed, fully executed copies of all modifications and
extensions of the agreement that affect per diem wages or holidays
shall be filed.
   (3) The failure to comply with filing requirements of this
subdivision shall not be grounds for setting aside a prevailing wage
determination if the information taken into consideration is correct.



1773.2.  The body awarding any contract for public work, or
otherwise undertaking any public work, shall specify in the call for
bids for the contract, and in the bid specifications and in the
contract itself, what the general rate of per diem wages is for each
craft, classification, or type of worker needed to execute the
contract.
   In lieu of specifying the rate of wages in the call for bids, and
in the bid specifications and in the contract itself, the awarding
body may, in the call for bids, bid specifications, and contract,
include a statement that copies of the prevailing rate of per diem
wages are on file at its principal office, which shall be made
available to any interested party on request. The awarding body shall
also cause a copy of the determination of the director of the
prevailing rate of per diem wages to be posted at each job site.



1773.3.  An awarding agency whose public works contract falls within
the jurisdiction of Section 1777.5 shall, within five days of the
award, send a copy of the award to the Division of Apprenticeship
Standards. When specifically requested by a local joint
apprenticeship committee, the division shall notify the local joint
apprenticeship committee regarding all such awards applicable to the
joint apprenticeship committee making the request. Within five days
of a finding of any discrepancy regarding the ratio of apprentices to
journeymen, pursuant to the certificated fixed number of apprentices
to journeymen, the awarding agency shall notify the Division of
Apprenticeship Standards.



1773.4.  Any prospective bidder or his representative, any
representative of any craft, classification or type of workman
involved, or the awarding body may, within 20 days after commencement
of advertising of the call for bids by the awarding body, file with
the Director of Industrial Relations a verified petition to review
the determination of any such rate or rates upon the ground that they
have not been determined in accordance with the provision of Section
1773 of this code. Within two days thereafter, a copy of such
petition shall be filed with the awarding body. The petition shall
set forth the facts upon which it is based. The Director of
Industrial Relations or his authorized representative shall, upon
notice to the petitioner, the awarding body and such other persons as
he deems proper, including the recognized collective bargaining
representatives for the particular crafts, classifications or types
of work involved, institute an investigation or hold a hearing.
Within 20 days after the filing of such petition, or within such
longer period as agreed upon by the director, the awarding body, and
all the interested parties, he shall make a determination and
transmit the same in writing to the awarding body and to the
interested parties.
   Such determination shall be final and shall be the determination
of the awarding body. Upon receipt by it of the notice of the filing
of such petition the body awarding the contract or authorizing the
public work shall extend the closing date for the submission of bids
or the starting of work until five days after the determination of
the general prevailing rates of per diem wages pursuant to this
section.
   Upon the filing of any such petition, notice thereof shall be set
forth in the next and all subsequent publications by the awarding
body of the call for bids. No other notice need be given to bidders
by the awarding body by publication or otherwise. The determination
of the director shall be included in the contract.



1773.5.  The Director of Industrial Relations may establish rules
and regulations for the purpose of carrying out this chapter,
including, but not limited to, the responsibilities and duties of
awarding bodies under this chapter.


1773.6.  If during any quarterly period the Director of Industrial
Relations shall determine that there has been a change in any
prevailing rate of per diem wages in any locality he shall make such
change available to the awarding body and his determination shall be
final. Such determination by the Director of Industrial Relations
shall not be effective as to any contract for which the notice to
bidders has been published.



1773.7.  The provisions of Section 11250 of the Government Code
shall not be applicable to Sections 1773, 1773.4, and 1773.6.



1773.9.  (a) The Director of Industrial Relations shall use the
methodology set forth in subdivision (b) to determine the general
prevailing rate of per diem wages in the locality in which the public
work is to be performed.
   (b) The general prevailing rate of per diem wages includes all of
the following:
   (1) The basic hourly wage rate being paid to a majority of workers
engaged in the particular craft, classification, or type of work
within the locality and in the nearest labor market area, if a
majority of the workers is paid at a single rate. If no single rate
is being paid to a majority of the workers, then the single rate
being paid to the greatest number of workers, or modal rate, is
prevailing. If a modal rate cannot be determined, then the director
shall establish an alternative rate, consistent with the methodology
for determining the modal rate, by considering the appropriate
collective bargaining agreements, federal rates, rates in the nearest
labor market area, or other data such as wage survey data.
   (2) Other employer payments included in per diem wages pursuant to
Section 1773.1 and as included as part of the total hourly wage rate
from which the basic hourly wage rate was derived. In the event the
total hourly wage rate does not include any employer payments, the
director shall establish a prevailing employer payment rate by the
same procedure set forth in paragraph (1).
   (3) The rate for holiday and overtime work shall be those rates
specified in the collective bargaining agreement when the basic
hourly rate is based on a collective bargaining agreement rate. In
the event the basic hourly rate is not based on a collective
bargaining agreement, the rate for holidays and overtime work, if
any, included with the prevailing basic hourly rate of pay shall be
prevailing.
   (c) (1) If the director determines that the general prevailing
rate of per diem wages is the rate established by a collective
bargaining agreement, and that the collective bargaining agreement
contains definite and predetermined changes during its term that will
affect the rate adopted, the director shall incorporate those
changes into the determination. Predetermined changes that are
rescinded prior to their effective date shall not be enforced.
   (2) When the director determines that there is a definite and
predetermined change in the general prevailing rate of per diem wages
as described in paragraph (1), but has not published, at the time of
the effective date of the predetermined change, the allocation of
the predetermined change as between the basic hourly wage and other
employer payments included in per diem wages pursuant to Section
1773.1, a contractor or subcontractor may allocate payments of not
less than the amount of the definite and predetermined change to
either the basic hourly wage or other employer payments included in
per diem wages for up to 60 days following the director's publication
of the specific allocation of the predetermined change.
   (3) When the director determines that there is a definite and
predetermined change in the general prevailing rate of per diem wages
as described in paragraph (1), but the allocation of that
predetermined change as between the basic hourly wage and other
employer payments included in per diem wages pursuant to Section
1773.1 is subsequently altered by the parties to a collective
bargaining agreement described in paragraph (1), a contractor or
subcontractor may allocate payments of not less than the amount of
the definite and predetermined change in accordance with either the
originally published allocation or the allocation as altered in the
collective bargaining agreement.



1773.11.  (a) Notwithstanding any other provision of law and except
as otherwise provided by this section, if the state or a political
subdivision thereof agrees by contract with a private entity that the
private entity's employees receive, in performing that contract, the
general prevailing rate of per diem wages and the general prevailing
rate for holiday and overtime work, the director shall, upon a
request by the state or the political subdivision, do both of the
following:
   (1) Determine, as otherwise provided by law, the wage rates for
each craft, classification, or type of worker that are needed to
execute the contract.
   (2) Provide these wage rates to the state or political subdivision
that requests them.
   (b) This section does not apply to a contract for a public work,
as defined in this chapter.
   (c) The director shall determine and provide the wage rates
described in this section in the order in which the requests for
these wage rates were received and regardless of the calendar year in
which they were received. If there are more than 20 pending requests
in a calendar year, the director shall respond only to the first 20
requests in the order in which they were received. If the director
determines that funding is available in any calendar year to
determine and provide these wage rates in response to more than 20
requests, the director shall respond to these requests in a manner
consistent with this subdivision.



1774.  The contractor to whom the contract is awarded, and any
subcontractor under him, shall pay not less than the specified
prevailing rates of wages to all workmen employed in the execution of
the contract.


1775.  (a) (1) The contractor and any subcontractor under the
contractor shall, as a penalty to the state or political subdivision
on whose behalf the contract is made or awarded, forfeit not more
than fifty dollars ($50) for each calendar day, or portion thereof,
for each worker paid less than the prevailing wage rates as
determined by the director for the work or craft in which the worker
is employed for any public work done under the contract by the
contractor or, except as provided in subdivision (b), by any
subcontractor under the contractor.
   (2) (A) The amount of the penalty shall be determined by the Labor
Commissioner based on consideration of both of the following:
   (i) Whether the failure of the contractor or subcontractor to pay
the correct rate of per diem wages was a good faith mistake and, if
so, the error was promptly and voluntarily corrected when brought to
the attention of the contractor or subcontractor.
   (ii) Whether the contractor or subcontractor has a prior record of
failing to meet its prevailing wage obligations.
   (B) (i) The penalty may not be less than ten dollars ($10) for
each calendar day, or portion thereof, for each worker paid less than
the prevailing wage rate, unless the failure of the contractor or
subcontractor to pay the correct rate of per diem wages was a good
faith mistake and, if so, the error was promptly and voluntarily
corrected when brought to the attention of the contractor or
subcontractor.
   (ii) The penalty may not be less than twenty dollars ($20) for
each calendar day, or portion thereof, for each worker paid less than
the prevailing wage rate, if the contractor or subcontractor has
been assessed penalties within the previous three years for failing
to meet its prevailing wage obligations on a separate contract,
unless those penalties were subsequently withdrawn or overturned.
   (iii) The penalty may not be less than thirty dollars ($30) for
each calendar day, or portion thereof, for each worker paid less than
the prevailing wage rate, if the Labor Commissioner determines that
the violation was willful, as defined in subdivision (c) of Section
1777.1.
   (C) When the amount due under this section is collected from the
contractor or subcontractor, any outstanding wage claim under Chapter
1 (commencing with Section 1720) of Part 7 of Division 2 against
that contractor or subcontractor shall be satisfied before applying
that amount to the penalty imposed on that contractor or
subcontractor pursuant to this section.
   (D) The determination of the Labor Commissioner as to the amount
of the penalty shall be reviewable only for abuse of discretion.
   (E) The difference between the prevailing wage rates and the
amount paid to each worker for each calendar day or portion thereof
for which each worker was paid less than the prevailing wage rate
shall be paid to each worker by the contractor or subcontractor, and
the body awarding the contract shall cause to be inserted in the
contract a stipulation that this section will be complied with.
   (b) If a worker employed by a subcontractor on a public works
project is not paid the general prevailing rate of per diem wages by
the subcontractor, the prime contractor of the project is not liable
for any penalties under subdivision (a) unless the prime contractor
had knowledge of that failure of the subcontractor to pay the
specified prevailing rate of wages to those workers or unless the
prime contractor fails to comply with all of the following
requirements:
   (1) The contract executed between the contractor and the
subcontractor for the performance of work on the public works project
shall include a copy of the provisions of Sections 1771, 1775, 1776,
1777.5, 1813, and 1815.
   (2) The contractor shall monitor the payment of the specified
general prevailing rate of per diem wages by the subcontractor to the
employees, by periodic review of the certified payroll records of
the subcontractor.
   (3) Upon becoming aware of the failure of the subcontractor to pay
his or her workers the specified prevailing rate of wages, the
contractor shall diligently take corrective action to halt or rectify
the failure, including, but not limited to, retaining sufficient
funds due the subcontractor for work performed on the public works
project.
   (4) Prior to making final payment to the subcontractor for work
performed on the public works project, the contractor shall obtain an
affidavit signed under penalty of perjury from the subcontractor
that the subcontractor has paid the specified general prevailing rate
of per diem wages to his or her employees on the public works
project and any amounts due pursuant to Section 1813.
   (c) The Division of Labor Standards Enforcement shall notify the
contractor on a public works project within 15 days of the receipt by
the Division of Labor Standards Enforcement of a complaint of the
failure of a subcontractor on that public works project to pay
workers the general prevailing rate of per diem wages.



1776.  (a) Each contractor and subcontractor shall keep accurate
payroll records, showing the name, address, social security number,
work classification, straight time and overtime hours worked each day
and week, and the actual per diem wages paid to each journeyman,
apprentice, worker, or other employee employed by him or her in
connection with the public work. Each payroll record shall contain or
be verified by a written declaration that it is made under penalty
of perjury, stating both of the following:
   (1) The information contained in the payroll record is true and
correct.
   (2) The employer has complied with the requirements of Sections
1771, 1811, and 1815 for any work performed by his or her employees
on the public works project.
   (b) The payroll records enumerated under subdivision (a) shall be
certified and shall be available for inspection at all reasonable
hours at the principal office of the contractor on the following
basis:
   (1) A certified copy of an employee's payroll record shall be made
available for inspection or furnished to the employee or his or her
authorized representative on request.
   (2) A certified copy of all payroll records enumerated in
subdivision (a) shall be made available for inspection or furnished
upon request to a representative of the body awarding the contract,
the Division of Labor Standards Enforcement, and the Division of
Apprenticeship Standards of the Department of Industrial Relations.
   (3) A certified copy of all payroll records enumerated in
subdivision (a) shall be made available upon request by the public
for inspection or for copies thereof. However, a request by the
public shall be made through either the body awarding the contract,
the Division of Apprenticeship Standards, or the Division of Labor
Standards Enforcement. If the requested payroll records have not been
provided pursuant to paragraph (2), the requesting party shall,
prior to being provided the records, reimburse the costs of
preparation by the contractor, subcontractors, and the entity through
which the request was made. The public may not be given access to
the records at the principal office of the contractor.
   (c) The certified payroll records shall be on forms provided by
the Division of Labor Standards Enforcement or shall contain the same
information as the forms provided by the division. The payroll
records may consist of printouts of payroll data that are maintained
as computer records, if the printouts contain the same information as
the forms provided by the division and the printouts are verified in
the manner specified in subdivision (a).
   (d) A contractor or subcontractor shall file a certified copy of
the records enumerated in subdivision (a) with the entity that
requested the records within 10 days after receipt of a written
request.
   (e) Any copy of records made available for inspection as copies
and furnished upon request to the public or any public agency by the
awarding body, the Division of Apprenticeship Standards, or the
Division of Labor Standards Enforcement shall be marked or
obliterated to prevent disclosure of an individual's name, address,
and social security number. The name and address of the contractor
awarded the contract or the subcontractor performing the contract
shall not be marked or obliterated. Any copy of records made
available for inspection by, or furnished to, a joint
labor-management committee established pursuant to the federal Labor
Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a) shall be
marked or obliterated only to prevent disclosure of an individual's
name and social security number. A joint labor management committee
may maintain an action in a court of competent jurisdiction against
an employer who fails to comply with Section 1774. The court may
award restitution to an employee for unpaid wages and may award the
joint labor management committee reasonable attorney's fees and costs
incurred in maintaining the action. An action under this subdivision
may not be based on the employer's misclassification of the craft of
a worker on its certified payroll records. Nothing in this
subdivision limits any other available remedies for a violation of
this chapter.
   (f) The contractor shall inform the body awarding the contract of
the location of the records enumerated under subdivision (a),
including the street address, city, and county, and shall, within
five working days, provide a notice of a change of location and
address.
   (g) The contractor or subcontractor has 10 days in which to comply
subsequent to receipt of a written notice requesting the records
enumerated in subdivision (a). In the event that the contractor or
subcontractor fails to comply within the 10-day period, he or she
shall, as a penalty to the state or political subdivision on whose
behalf the contract is made or awarded, forfeit twenty-five dollars
($25) for each calendar day, or portion thereof, for each worker,
until strict compliance is effectuated. Upon the request of the
Division of Apprenticeship Standards or the Division of Labor
Standards Enforcement, these penalties shall be withheld from
progress payments then due. A contractor is not subject to a penalty
assessment pursuant to this section due to the failure of a
subcontractor to comply with this section.
   (h) The body awarding the contract shall cause to be inserted in
the contract stipulations to effectuate this section.
   (i) The director shall adopt rules consistent with the California
Public Records Act (Chapter 3.5 (commencing with Section 6250) of
Division 7 of Title 1 of the Government Code) and the Information
Practices Act of 1977 (Title 1.8 (commencing with Section 1798) of
Part 4 of Division 3 of the Civil Code) governing the release of
these records, including the establishment of reasonable fees to be
charged for reproducing copies of records required by this section.



1777.  Any officer, agent, or representative of the State or of any
political subdivision who wilfully violates any provision of this
article, and any contractor, or subcontractor, or agent or
representative thereof, doing public work who neglects to comply with
any provision of section 1776 is guilty of a misdemeanor.




1777.1.  (a) Whenever a contractor or subcontractor performing a
public works project pursuant to this chapter is found by the Labor
Commissioner to be in violation of this chapter with intent to
defraud, except Section 1777.5, the contractor or subcontractor or a
firm, corporation, partnership, or association in which the
contractor or subcontractor has any interest is ineligible for a
period of not less than one year or more than three years to do
either of the following:
   (1) Bid on or be awarded a contract for a public works project.
   (2) Perform work as a subcontractor on a public works project.
   (b) Whenever a contractor or subcontractor performing a public
works project pursuant to this chapter is found by the Labor
Commissioner to be in willful violation of this chapter, except
Section 1777.5, the contractor or subcontractor or a firm,
corporation, partnership, or association in which the contractor or
subcontractor has any interest is ineligible for a period up to three
years for each second and subsequent violation occurring within
three years of a separate and previous willful violation of this
chapter to do either of the following:
   (1) Bid on or be awarded a contract for a public works project.
   (2) Perform work as a subcontractor on a public works project.
   (c) A willful violation occurs when the contractor or
subcontractor knew or reasonably should have known of his or her
obligations under the public works law and deliberately fails or
refuses to comply with its provisions.
   (d) Not less than semiannually, the Labor Commissioner shall
publish and distribute to awarding bodies a list of contractors who
are ineligible to bid on or be awarded a public works contract, or to
perform work as a subcontractor on a public works project pursuant
to this chapter. The list shall contain the name of the contractor,
the Contractor's State License Board license number of the
contractor, and the effective period of debarment of the contractor.
The commissioner shall also place advertisements in construction
industry publications targeted to the contractors and subcontractors,
chosen by the commissioner, that state the effective period of the
debarment and the reason for debarment. The advertisements shall
appear one time for each debarment of a contractor in each
publication chosen by the commissioner. The debarred contractor or
subcontractor shall be liable to the commissioner for the reasonable
cost of the advertisements, not to exceed five thousand dollars
($5,000). The amount paid to the commissioner for the advertisements
shall be credited against the contractor's or subcontractor's
obligation to pay civil fines or penalties for the same willful
violation of this chapter.
   (e) For purposes of this section, "contractor or subcontractor"
means a firm, corporation, partnership, or association and its
responsible managing officer, as well as any supervisors, managers,
and officers found by the Labor Commissioner to be personally and
substantially responsible for the willful violation of this chapter.
   (f) For the purposes of this section, the term "any interest"
means an interest in the entity bidding or performing work on the
public works project, whether as an owner, partner, officer, manager,
employee, agent, consultant, or representative. "Any interest"
includes, but is not limited to, all instances where the debarred
contractor or subcontractor receives payments, whether cash or any
other form of compensation, from any entity bidding or performing
work on the public works project, or enters into any contracts or
agreements with the entity bidding or performing work on the public
works project for services performed or to be performed for contracts
that have been or will be assigned or sublet, or for vehicles,
tools, equipment, or supplies that have been or will be sold, rented,
or leased during the period from the initiation of the debarment
proceedings until the end of the term of the debarment period. "Any
interest" does not include shares held in a publicly traded
corporation if the shares were not received as compensation after the
initiation of debarment from an entity bidding or performing work on
a public works project.
   (g) For the purposes of this section, the term "entity" is defined
as a company, limited liability company, association, partnership,
sole proprietorship, limited liability partnership, corporation,
business trust, or organization.
   (h) The Labor Commissioner shall adopt rules and regulations for
the administration and enforcement of this section.



1777.5.  (a) Nothing in this chapter shall prevent the employment of
properly registered apprentices upon public works.
   (b) Every apprentice employed upon public works shall be paid the
prevailing rate of per diem wages for apprentices in the trade to
which he or she is registered and shall be employed only at the work
of the craft or trade to which he or she is registered.
   (c) Only apprentices, as defined in Section 3077, who are in
training under apprenticeship standards that have been approved by
the Chief of the Division of Apprenticeship Standards and who are
parties to written apprentice agreements under Chapter 4 (commencing
with Section 3070) of Division 3 are eligible to be employed at the
apprentice wage rate on public works. The employment and training of
each apprentice shall be in accordance with either of the following:
   (1) The apprenticeship standards and apprentice agreements under
which he or she is training.
   (2) The rules and regulations of the California Apprenticeship
Council.
   (d) When the contractor to whom the contract is awarded by the
state or any political subdivision, in performing any of the work
under the contract, employs workers in any apprenticeable craft or
trade, the contractor shall employ apprentices in at least the ratio
set forth in this section and may apply to any apprenticeship program
in the craft or trade that can provide apprentices to the site of
the public work for a certificate approving the contractor under the
apprenticeship standards for the employment and training of
apprentices in the area or industry affected. However, the decision
of the apprenticeship program to approve or deny a certificate shall
be subject to review by the Administrator of Apprenticeship. The
apprenticeship program or programs, upon approving the contractor,
shall arrange for the dispatch of apprentices to the contractor. A
contractor covered by an apprenticeship program's standards shall not
be required to submit any additional application in order to include
additional public works contracts under that program.
"Apprenticeable craft or trade," as used in this section, means a
craft or trade determined as an apprenticeable occupation in
accordance with rules and regulations prescribed by the California
Apprenticeship Council. As used in this section, "contractor"
includes any subcontractor under a contractor who performs any public
works not excluded by subdivision (o).
   (e) Prior to commencing work on a contract for public works, every
contractor shall submit contract award information to an applicable
apprenticeship program that can supply apprentices to the site of the
public work. The information submitted shall include an estimate of
journeyman hours to be performed under the contract, the number of
apprentices proposed to be employed, and the approximate dates the
apprentices would be employed. A copy of this information shall also
be submitted to the awarding body if requested by the awarding body.
Within 60 days after concluding work on the contract, each contractor
and subcontractor shall submit to the awarding body, if requested,
and to the apprenticeship program a verified statement of the
journeyman and apprentice hours performed on the contract. The
information under this subdivision shall be public. The
apprenticeship programs shall retain this information for 12 months.
   (f) The apprenticeship program that can supply apprentices to the
area of the site of the public work shall ensure equal employment and
affirmative action in apprenticeship for women and minorities.
   (g) The ratio of work performed by apprentices to journeymen
employed in a particular craft or trade on the public work may be no
higher than the ratio stipulated in the apprenticeship standards
under which the apprenticeship program operates where the contractor
agrees to be bound by those standards, but, except as otherwise
provided in this section, in no case shall the ratio be less than one
hour of apprentice work for every five hours of journeyman work.
   (h) This ratio of apprentice work to journeyman work shall apply
during any day or portion of a day when any journeyman is employed at
the jobsite and shall be computed on the basis of the hours worked
during the day by journeymen so employed. Any work performed by a
journeyman in excess of eight hours per day or 40 hours per week
shall not be used to calculate the ratio. The contractor shall employ
apprentices for the number of hours computed as above before the end
of the contract or, in the case of a subcontractor, before the end
of the subcontract. However, the contractor shall endeavor, to the
greatest extent possible, to employ apprentices during the same time
period that the journeymen in the same craft or trade are employed at
the jobsite. Where an hourly apprenticeship ratio is not feasible
for a particular craft or trade, the Chief of the Division of
Apprenticeship Standards, upon application of an apprenticeship
program, may order a minimum ratio of not less than one apprentice
for each five journeymen in a craft or trade classification.
   (i) A contractor covered by this section that has agreed to be
covered by an apprenticeship program's standards upon the issuance of
the approval certificate, or that has been previously approved for
an apprenticeship program in the craft or trade, shall employ the
number of apprentices or the ratio of apprentices to journeymen
stipulated in the applicable apprenticeship standards, but in no
event less than the 1-to-5 ratio required by subdivision (g).
   (j) Upon proper showing by a contractor that he or she employs
apprentices in a particular craft or trade in the state on all of his
or her contracts on an annual average of not less than one hour of
apprentice work for every five hours of labor performed by
journeymen, the Chief of the Division of Apprenticeship Standards may
grant a certificate exempting the contractor from the 1-to-5 hourly
ratio, as set forth in this section for that craft or trade.
   (k) An apprenticeship program has the discretion to grant to a
participating contractor or contractor association a certificate,
which shall be subject to the approval of the Administrator of
Apprenticeship, exempting the contractor from the 1-to-5 ratio set
forth in this section when it finds that any one of the following
conditions is met:
   (1) Unemployment for the previous three-month period in the area
exceeds an average of 15 percent.
   (2) The number of apprentices in training in the area exceeds a
ratio of 1 to 5.
   (3) There is a showing that the apprenticeable craft or trade is
replacing at least one-thirtieth of its journeymen annually through
apprenticeship training, either on a statewide basis or on a local
basis.
   (4) Assignment of an apprentice to any work performed under a
public works contract would create a condition that would jeopardize
his or her life or the life, safety, or property of fellow employees
or the public at large, or the specific task to which the apprentice
is to be assigned is of a nature that training cannot be provided by
a journeyman.
   (l) When an exemption is granted pursuant to subdivision (k) to an
organization that represents contractors in a specific trade from
the 1-to-5 ratio on a local or statewide basis, the member
contractors shall not be required to submit individual applications
for approval to local joint apprenticeship committees, if they are
already covered by the local apprenticeship standards.
   (m) (1) A contractor to whom a contract is awarded, who, in
performing any of the work under the contract, employs journeymen or
apprentices in any apprenticeable craft or trade shall contribute to
the California Apprenticeship Council the same amount that the
director determines is the prevailing amount of apprenticeship
training contributions in the area of the public works site. A
contractor may take as a credit for payments to the council any
amounts paid by the contractor to an approved apprenticeship program
that can supply apprentices to the site of the public works project.
The contractor may add the amount of the contributions in computing
his or her bid for the contract.
   (2) At the conclusion of the 2002-03 fiscal year and each fiscal
year thereafter, the California Apprenticeship Council shall
distribute training contributions received by the council under this
subdivision, less the expenses of the Division of Apprenticeship
Standards for administering this subdivision, by making grants to
approved apprenticeship programs for the purpose of training
apprentices. The funds shall be distributed as follows:
   (A) If there is an approved multiemployer apprenticeship program
serving the same craft or trade and geographic area for which the
training contributions were made to the council, a grant to that
program shall be made.
   (B) If there are two or more approved multiemployer apprenticeship
programs serving the same craft or trade and geographic area for
which the training contributions were made to the council, the grant
shall be divided among those programs based on the number of
apprentices registered in each program.
   (C) All training contributions not distributed under subparagraphs
(A) and (B) shall be used to defray the future expenses of the
Division of Apprenticeship Standards.
   (3) All training contributions received pursuant to this
subdivision shall be deposited in the Apprenticeship Training
Contribution Fund, which is hereby created in the State Treasury.
Notwithstanding Section 13340 of the Government Code, all money in
the Apprenticeship Training Contribution Fund is hereby continuously
appropriated for the purpose of carrying out this subdivision and to
pay the expenses of the Division of Apprenticeship Standards.
   (n) The body awarding the contract shall cause to be inserted in
the contract stipulations to effectuate this section. The
stipulations shall fix the responsibility of compliance with this
section for all apprenticeable occupations with the prime contractor.
   (o) This section does not apply to contracts of general
contractors or to contracts of specialty contractors not bidding for
work through a general or prime contractor when the contracts of
general contractors or those specialty contractors involve less than
thirty thousand dollars ($30,000).
   (p) All decisions of an apprenticeship program under this section
are subject to Section 3081.


1777.6.  An employer or a labor union shall not refuse to accept
otherwise qualified employees as registered apprentices on any public
works on any basis listed in subdivision (a) of Section 12940 of the
Government Code, as those bases are defined in Sections 12926 and
12926.1 of the Government Code, except as provided in Section 3077 of
this code and Section 12940 of the Government Code.



1777.7.  (a) (1) A contractor or subcontractor that is determined by
the Chief of the Division of Apprenticeship Standards to have
knowingly violated Section 1777.5 shall forfeit as a civil penalty an
amount not exceeding one hundred dollars ($100) for each full
calendar day of noncompliance. The amount of this penalty may be
reduced by the Chief if the amount of the penalty would be
disproportionate to the severity of the violation. A contractor or
subcontractor that knowingly commits a second or subsequent violation
of Section 1777.5 within a three-year period, where the
noncompliance results in apprenticeship training not being provided
as required by this chapter, shall forfeit as a civil penalty the sum
of not more than three hundred dollars ($300) for each full calendar
day of noncompliance. Notwithstanding Section 1727, upon receipt of
a determination that a civil penalty has been imposed by the Chief,
the awarding body shall withhold the amount of the civil penalty from
contract progress payments then due or to become due.
   (2) In lieu of the penalty provided for in this subdivision, the
Chief may, for a first-time violation and with the concurrence of an
apprenticeship program described in subdivision (d), order the
contractor or subcontractor to provide apprentice employment
equivalent to the work hours that would have been provided for
apprentices during the period of noncompliance.
   (b) In the event a contractor or subcontractor is determined by
the Chief to have knowingly committed a serious violation of any
provision of Section 1777.5, the Chief may also deny to the
contractor or subcontractor, and to its responsible officers, the
right to bid on or be awarded or perform work as a subcontractor on
any public works contract for a period of up to one year for the
first violation and for a period of up to three years for a second or
subsequent violation. Each period of debarment shall run from the
date the determination of noncompliance by the Chief becomes a final
order of the Administrator of Apprenticeship.
   (c) (1) An affected contractor, subcontractor, or responsible
officer may obtain a review of the determination of the Chief
imposing the debarment or civil penalty by transmitting a written
request to the office of the Administrator within 30 days after
service of the determination of debarment or civil penalty. A copy of
this report shall also be served on the Chief. If the Administrator
does not receive a timely request for review of the determination of
debarment or civil penalty made by the Chief, the order shall become
the final order of the Administrator.
   (2) Within 20 days of the timely receipt of a request for review,
the Chief shall provide the contractor, subcontractor, or responsible
officer the opportunity to review any evidence the Chief may offer
at the hearing. The Chief shall also promptly disclose any
nonprivileged documents obtained after the 20-day time limit at a
time set forth for exchange of evidence by the Administrator.
   (3) Within 90 days of the timely receipt of a request for review,
a hearing shall be commenced before the Administrator or an impartial
hearing officer designated by the Administrator and possessing the
qualifications of an administrative law judge pursuant to subdivision
(b) of Section 11502 of the Government Code. The affected
contractor, subcontractor, or responsible officer shall have the
burden of providing evidence of compliance with Section 1777.5.
   (4) Within 45 days of the conclusion of the hearing, the
Administrator shall issue a written decision affirming, modifying, or
dismissing the determination of debarment or civil penalty. The
decision shall contain a statement of the factual and legal basis for
the decision and an order. This decision shall be served on all
parties and the awarding body pursuant to Section 1013 of the Code of
Civil Procedure by first-class mail at the last known address of the
party that the party has filed with the Administrator. Within 15
days of issuance of the decision, the Administrator may reconsider or
modify the decision to correct an error, except that a clerical
error may be corrected at any time.
   (5) An affected contractor, subcontractor, or responsible officer
who has timely requested review and obtained a decision under
paragraph (4) may obtain review of the decision of the Administrator
by filing a petition for a writ of mandate to the appropriate
superior court pursuant to Section 1094.5 of the Code of Civil
Procedure within 45 days after service of the final decision. If no
timely petition for a writ of mandate is filed, the decision shall
become the final order of the Administrator. The decision of the
Administrator shall be affirmed unless the petitioner shows that the
Administrator abused his or her discretion. If the petitioner claims
that the findings are not supported by the evidence, abuse of
discretion is established if the court determines that the findings
are not supported by substantial evidence in light of the entire
record.
   (6) The Chief may certify a copy of the final order of the
Administrator and file it with the clerk of the superior court in any
county in which the affected contractor or subcontractor has
property or has or had a place of business. The clerk, immediately
upon the filing, shall enter judgment for the state against the
person assessed in the amount shown on the certified order. A
judgment entered pursuant to this section shall bear the same rate of
interest and shall have the same effect as other judgments and be
given the same preference allowed by the law on other judgments
rendered for claims for taxes. The clerk shall not charge for the
service performed by him or her pursuant to this section. An awarding
body that has withheld funds in response to a determination by the
Chief imposing a penalty under this section shall, upon receipt of a
certified copy of a final order of the Administrator, promptly
transmit the withheld funds, up to the amount of the certified order,
to the Administrator.
   (d) If a subcontractor is found to have violated Section 1777.5,
the prime contractor of the project is not liable for any penalties
under subdivision (a), unless the prime contractor had knowledge of
the subcontractor's failure to comply with the provisions of Section
1777.5 or unless the prime contractor fails to comply with any of the
following requirements:
   (1) The contract executed between the contractor and the
subcontractor or the performance of work on the public works project
shall include a copy of the provisions of Sections 1771, 1775, 1776,
1777.5, 1813, and 1815.
   (2) The contractor shall continually monitor a subcontractor's use
of apprentices required to be employed on the public works project
pursuant to subdivision (d) of Section 1777.5, including, but not
limited to, periodic review of the certified payroll of the
subcontractor.
   (3) Upon becoming aware of a failure of the subcontractor to
employ the required number of apprentices, the contractor shall take
corrective action, including, but not limited to, retaining funds due
the subcontractor for work performed on the public works project
until the failure is corrected.
   (4) Prior to making the final payment to the subcontractor for
work performed on the public works project, the contractor shall
obtain a declaration signed under penalty of perjury from the
subcontractor that the subcontractor has employed the required number
of apprentices on the public works project.
   (e) Any funds withheld by the awarding body pursuant to this
section shall be deposited in the General Fund if the awarding body
is a state entity, or in the equivalent fund of an awarding body if
the awarding body is an entity other than the state.
   (f) The Chief shall consider, in setting the amount of a monetary
penalty, in determining whether a violation is serious, and in
determining whether and for how long a party should be debarred for
violating this section, all of the following circumstances:
   (1) Whether the violation was intentional.
   (2) Whether the party has committed other violations of Section
1777.5.
   (3) Whether, upon notice of the violation, the party took steps to
voluntarily remedy the violation.
   (4) Whether, and to what extent, the violation resulted in lost
training opportunities for apprentices.
   (5) Whether, and to what extent, the violation otherwise harmed
apprentices or apprenticeship programs.
   If a party seeks review of a decision by the Chief to impose a
monetary penalty or period of debarment, the Administrator shall
decide de novo the appropriate penalty, by considering the same
factors set forth above.
   (g) The interpretation of Section 1777.5 and this section shall be
in accordance with the regulations of the California Apprenticeship
Council. The Administrator may adopt regulations to establish
guidelines for the imposition of monetary penalties and periods of
debarment and may designate precedential decisions under Section
11425.60 of the Government Code.



1778.  Every person, who individually or as a representative of an
awarding or public body or officer, or as a contractor or
subcontractor doing public work, or agent or officer thereof, who
takes, receives, or conspires with another to take or receive, for
his own use or the use of any other person any portion of the wages
of any workman or working subcontractor, in connection with services
rendered upon any public work is guilty of a felony.



1779.  Any person or agent or officer thereof who charges, collects,
or attempts to charge or collect, directly or indirectly, a fee or
valuable consideration for registering any person for public work, or
for giving information as to where such employment may be procured,
or for placing, assisting in placing, or attempting to place, any
person in public work, whether the person is to work directly for the
State, or any political subdivision or for a contractor or
subcontractor doing public work is guilty of a misdemeanor.



1780.  Any person acting on behalf of the State or any political
subdivision, or any contractor or subcontractor or agent or
representative thereof, doing any public work who places any order
for the employment of a workman on public work where the filling of
the order for employment involves the charging of a fee, or the
receiving of a valuable consideration from any applicant for
employment is guilty of a misdemeanor.



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

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1810.  Eight hours labor constitutes a legal day's work in all cases
where the same is performed under the authority of any law of this
State, or under the direction, or control, or by the authority of any
officer of this State acting in his official capacity, or under the
direction, or control or by the authority of any municipal
corporation, or of any officer thereof. A stipulation to that effect
shall be made a part of all contracts to which the State or any
municipal corporation therein is a party.



1811.  The time of service of any workman employed upon public work
is limited and restricted to 8 hours during any one calendar day, and
40 hours during any one calendar week, except as hereinafter
provided for under Section 1815.


1812.  Every contractor and subcontractor shall keep an accurate
record showing the name of and actual hours worked each calendar day
and each calendar week by each worker employed by him or her in
connection with the public work. The record shall be kept open at all
reasonable hours to the inspection of the awarding body and to the
Division of Labor Standards Enforcement.



1813.  The contractor or subcontractor shall, as a penalty to the
state or political subdivision on whose behalf the contract is made
or awarded, forfeit twenty-five dollars ($25) for each worker
employed in the execution of the contract by the respective
contractor or subcontractor for each calendar day during which the
worker is required or permitted to work more than 8 hours in any one
calendar day and 40 hours in any one calendar week in violation of
the provisions of this article. In awarding any contract for public
work, the awarding body shall cause to be inserted in the contract a
stipulation to this effect. The awarding body shall take cognizance
of all violations of this article committed in the course of the
execution of the contract, and shall report them to the Division of
Labor Standards Enforcement.



1814.  Any officer, agent, or representative of the State or any
political subdivision who violates any provision of this article and
any contractor or subcontractor or agent or representative thereof
doing public work who neglects to comply with any provision of
Section 1812 is guilty of a misdemeanor.



1815.  Notwithstanding the provisions of Sections 1810 to 1814,
inclusive, of this code, and notwithstanding any stipulation inserted
in any contract pursuant to the requirements of said sections, work
performed by employees of contractors in excess of 8 hours per day,
and 40 hours during any one week, shall be permitted upon public work
upon compensation for all hours worked in excess of 8 hours per day
at not less than 1 1/2 times the basic rate of pay.

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1860.  The awarding body shall cause to be inserted in every public
works contract a clause providing that, in accordance with the
provisions of Section 3700 of the Labor Code, every contractor will
be required to secure the payment of compensation to his employees.




1861.  Each contractor to whom a public works contract is awarded
shall sign and file with the awarding body the following
certification prior to performing the work of the contract: "I am
aware of the provisions of Section 3700 of the Labor Code which
require every employer to be insured against liability for workers'
compensation or to undertake self-insurance in accordance with the
provisions of that code, and I will comply with such provisions
before commencing the performance of the work of this contract."

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1900.  Every employee of a city whose hours of labor exceed 120 in a
week is entitled to be off duty at least three hours during every
twenty-four hours for the purpose of procuring meals. No deduction of
salary shall be made by reason thereof.



1901.  Any officer or agent of a city having supervision and control
of employees covered by this article who violates any provision
hereof is guilty of a misdemeanor.

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1960.  Neither the State nor any county, political subdivision,
incorporated city, town, nor any other municipal corporation shall
prohibit, deny or obstruct the right of firefighters to join any bona
fide labor organization of their own choice.




1961.  As used in this chapter, the term "employees" means the
employees of the fire departments and fire services of the State,
counties, cities, cities and counties, districts, and other political
subdivisions of the State.


1962.  Employees shall have the right to self-organization, to form,
join, or assist labor organizations, to present grievances and
recommendations regarding wages, salaries, hours, and working
conditions to the governing body, and to discuss the same with such
governing body, through such an organization, but shall not have the
right to strike, or to recognize a picket line of a labor
organization while in the course of the performance of their official
duties.


1963.  The enactment of this chapter shall not be construed as
making the provisions of Section 923 of this code applicable to
public employees.


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