PART 1. COMPENSATION [200. - 452.]

Part 1 enacted by Stats. 1937, Ch. 90.

§§ 200–452 · 154 sections

CHAPTER 1. Payment of Wages §§ 200–281 · 122 sections
1. ARTICLE 1. General Occupations §§ 200–244 · 92 sections
  - § 200 As used in this article: (a) “Wages” includes all amounts for labor performed by employees of every description, whether the amount is fixed or ascertained by…
  - § 200.3 (a) A successor to a judgment debtor shall be liable for any wages, damages, and penalties owed to any of the judgment debtor’s former workforce pursuant to a…
  - § 200.5 (a) Notwithstanding any provision of this code or Section 340 of the Code of Civil Procedure, to collect a civil penalty, fee, or penalty fee under this…
  - § 201 (a) If an employer discharges an employee, the wages earned and unpaid at the time of discharge are due and payable immediately. An employer who lays off a…
  - § 201.3 (a) For purposes of this section, the following definitions apply: (1) “Temporary services employer” means an employing unit that contracts with clients or…
  - § 201.5 (a) For purposes of this section, the following definitions apply: (1) “An employee engaged in the production or broadcasting of motion pictures” means an…
  - § 201.6 (a) As used in this section: (1) “Print shoot employee” means an individual hired for a period of limited duration to render services relating to or supporting…
  - § 201.7 An employer who lays off an employee or a group of employees engaged in the business of oil drilling shall be deemed to have made immediate payment within the…
  - § 201.8 (a) As used in this section, the following terms have the following meanings: (1) “Events employee” means an employee of an owner, operator, affiliate,…
  - § 201.9 Notwithstanding subdivision (a) of Section 201, if employees are employed at a venue that hosts live theatrical or concert events and are enrolled in and…
  - § 202 (a) If an employee not having a written contract for a definite period quits his or her employment, his or her wages shall become due and payable not later…
  - § 203 (a) If an employer willfully fails to pay, without abatement or reduction, in accordance with Sections 201, 201.3, 201.5, 201.6, 201.8, 201.9, 202, and 205.5,…
  - § 203.1 If an employer pays an employee in the regular course of employment or in accordance with Section 201, 201.3, 201.5, 201.6, 201.7, 201.8, or 202 any wages or…
  - § 203.5 (a) If a bonding company issuing a bond which secures the payment of wages for labor or the surety on a bond willfully fails to pay, without abatement or…
  - § 204 (a) All wages, other than those mentioned in Section 201, 201.3, 202, 204.1, or 204.2, earned by any person in any employment are due and payable twice during…
  - § 204a When workers are engaged in an employment that normally involves working for several employers in the same industry interchangeably, and the several employers,…
  - § 204b Section 204 shall be inapplicable to employees paid on a weekly basis on a regular day designated by the employer in advance of the rendition of services as…
  - § 204c Section 204 shall be inapplicable to executive, administrative or professional employees who are not covered by any collective bargaining agreement, who are…
  - § 204.1 Commission wages paid to any person employed by an employer licensed as a vehicle dealer by the Department of Motor Vehicles are due and payable once during…
  - § 204.11 Commission wages paid to any employee who is licensed pursuant to the Barbering and Cosmetology Act (Chapter 10 (commencing with Section 7301) of Division 3 of…
  - § 204.2 Salaries of executive, administrative, and professional employees of employers covered by the Fair Labor Standards Act, as set forth pursuant to Section…
  - § 204.3 (a) An employee may receive, in lieu of overtime compensation, compensating time off at a rate of not less than one and one-half hours for each hour of…
  - § 205 In agricultural, viticultural, and horticultural pursuits, in stock or poultry raising, and in household domestic service, when the employees in such…
  - § 205.5 All wages, other than those mentioned in Sections 201 and 202, earned by any agricultural employee, as defined in Section 1140.4, are due and payable twice…
  - § 206 (a) In case of a dispute over wages, the employer shall pay, without condition and within the time set by this article, all wages, or parts thereof, conceded…
  - § 206.5 (a) An employer shall not require the execution of a release of a claim or right on account of wages due, or to become due, or made as an advance on wages to…
  - § 207 Every employer shall keep posted conspicuously at the place of work, if practicable, or otherwise where it can be seen as employees come or go to their places…
  - § 208 Every employee who is discharged shall be paid at the place of discharge, and every employee who quits shall be paid at the office or agency of the employer in…
  - § 209 In the event of any strike, the unpaid wages earned by striking employees shall become due and payable on the next regular pay day, and the payment or…
  - § 210 (a) In addition to, and entirely independent and apart from, any other penalty provided in this article, every person who fails to pay the wages of each…
  - § 211 When action to recover such penalties is brought, no court costs shall be payable by the state or the division. Any sheriff or marshal who serves the summons…
  - § 212 (a) No person, or agent or officer thereof, shall issue in payment of wages due, or to become due, or as an advance on wages to be earned: (1) Any order,…
  - § 213 Nothing contained in Section 212 shall: (a) Prohibit an employer from guaranteeing the payment of bills incurred by an employee for the necessaries of life or…
  - § 214 Prosecution under section 212 may be brought either at the place where the alleged illegal order, check, draft, note, memorandum or other acknowledgment of…
  - § 215 Any person, or the agent, manager, superintendent or officer thereof, who violates any provision of Section 201.3, 204, 204b, 205, 207, 208, 209, or 212 is…
  - § 216 In addition to any other penalty imposed by this article, any person, or an agent, manager, superintendent, or officer thereof is guilty of a misdemeanor, who:…
  - § 217 The Division of Labor Law Enforcement shall inquire diligently for any violations of this article, and, in cases which it deems proper, shall institute the…
  - § 218 Nothing in this article shall limit the right of any wage claimant to sue directly or through an assignee for any wages or penalty due them under this article.
  - § 218.5 (a) In any action brought for the nonpayment of wages, fringe benefits, or health and welfare or pension fund contributions, the court shall award reasonable…
  - § 218.6 In any action brought for the nonpayment of wages, the court shall award interest on all due and unpaid wages at the rate of interest specified in subdivision…
  - § 218.7 (a) (1) For contracts entered into between January 1, 2018, and December 31, 2021, inclusive, a direct contractor making or taking a contract in the state for…
  - § 218.8 (a) (1) For contracts entered into on or after January 1, 2022, and before January 1, 2026, a direct contractor making or taking a contract in the state for…
  - § 218.9 (a) (1) For contracts entered into on or after January 1, 2026, a direct contractor making or taking a contract in the state for the erection, construction,…
  - § 219 (a) Nothing in this article shall in any way limit or prohibit the payment of wages at more frequent intervals, or in greater amounts, or in full when or…
  - § 220 (a) Sections 201.3, 201.5, 201.6, 201.7, 201.8, 203.1, 203.5, 204, 204a, 204b, 204c, 204.1,
  - § 220.2 Contributions to vacation allowances, pension or retirement funds, sick leave, and health and welfare benefits on behalf of persons employed by any county,…
  - § 221 It shall be unlawful for any employer to collect or receive from an employee any part of wages theretofore paid by said employer to said employee.
  - § 222 It shall be unlawful, in case of any wage agreement arrived at through collective bargaining, either wilfully or unlawfully or with intent to defraud an…
  - § 222.5 No person shall withhold or deduct from the compensation of any employee, or require any prospective employee or applicant for employment to pay, any fee for,…
  - § 223 Where any statute or contract requires an employer to maintain the designated wage scale, it shall be unlawful to secretly pay a lower wage while purporting to…
  - § 224 The provisions of Sections 221, 222 and 223 shall in no way make it unlawful for an employer to withhold or divert any portion of an employee’s wages when the…
  - § 225 The violation of any provision of Sections 221, 222, 222.5, or 223 is a misdemeanor.
  - § 225.5 In addition to, and entirely independent and apart from, any other penalty provided in this article, every person who unlawfully withholds wages due any…
  - § 226 (a) An employer, semimonthly or at the time of each payment of wages, shall furnish to their employee, either as a detachable part of the check, draft, or…
  - § 226.1 The requirements of item (9) of subdivision (a) of Section 226, with respect to a temporary services employer, do not apply to a security services company that…
  - § 226.2 This section shall apply for employees who are compensated on a piece-rate basis for any work performed during a pay period. This section shall not be…
  - § 226.3 Any employer who violates subdivision (a) of Section 226 shall be subject to a civil penalty in the amount of two hundred fifty dollars ($250) per employee per…
  - § 226.4 If, upon inspection or investigation, the Labor Commissioner determines that an employer is in violation of subdivision (a) of Section 226, the Labor…
  - § 226.5 (a) If a person desires to contest a citation or the proposed assessment of a civil penalty therefor, he or she shall within 15 business days after service of…
  - § 226.6 Any employer who knowingly and intentionally violates the provisions of Section 226, or any officer, agent, employee, fiduciary, or other person who has the…
  - § 226.7 (a) As used in this section, “recovery period” means a cooldown period afforded an employee to prevent heat illness. (b) An employer shall not require an…
  - § 226.75 (a) Notwithstanding any provision of this code or of Industrial Welfare Commission Wage Order No. 1, the requirement that employees be relieved of all duties…
  - § 226.8 (a) It is unlawful for any person or employer to engage in any of the following activities: (1) Willful misclassification of an individual as an independent…
  - § 227 If an employer has made withholdings from an employee’s wages pursuant to state, local, or federal law, or has agreed with any employee to make payments to a…
  - § 227.3 Unless otherwise provided by a collective-bargaining agreement, whenever a contract of employment or employer policy provides for paid vacations, and an…
  - § 227.5 Whenever an employer has agreed with any employee to make payments to a health or welfare fund, pension fund or vacation plan, or such other plan for the…
  - § 228 The payments under Section 227 of this code shall be deemed to include payments to apprenticeship funds. This amendment is hereby declared to be merely a…
  - § 229 Actions to enforce the provisions of this article for the collection of due and unpaid wages claimed by an individual may be maintained without regard to the…
  - § 230 (a) An employer shall not discharge or in any manner discriminate against an employee for taking time off to serve as required by law on an inquest jury or…
  - § 230.1 (a) In addition to the requirements and prohibitions imposed on employees pursuant to Section 230, an employer with 25 or more employees shall not discharge,…
  - § 230.2 (a) As used in this section: (1) “Immediate family member” means spouse, child, stepchild, brother, stepbrother, sister, stepsister, mother, stepmother,…
  - § 230.3 (a) An employer shall not discharge or in any manner discriminate against an employee for taking time off to perform emergency duty as a volunteer firefighter,…
  - § 230.4 (a) An employee who performs duty as a volunteer firefighter, a reserve peace officer, or as emergency rescue personnel, as defined in Section 230.3, and who…
  - § 230.5 (a) (1) An employer shall not discharge or in any manner discriminate or retaliate against an employee who is a victim of an offense listed in paragraph (2)…
  - § 230.7 (a) No employer shall discharge or in any manner discriminate against an employee who is the parent or guardian of a pupil for taking time off to appear in the…
  - § 230.8 (a) (1) An employer who employs 25 or more employees working at the same location shall not discharge or in any way discriminate against an employee who is a…
  - § 231 Any employer who requires, as a condition of employment, that an employee have a driver’s license shall pay the cost of any physical examination of the…
  - § 232 No employer may do any of the following: (a) Require, as a condition of employment, that an employee refrain from disclosing the amount of his or her wages.…
  - § 232.5 No employer may do any of the following: (a) Require, as a condition of employment, that an employee refrain from disclosing information about the employer’s…
  - § 233 (a) Any employer who provides sick leave for employees shall permit an employee to use in any calendar year the employee’s accrued and available sick leave…
  - § 234 An employer absence control policy that counts sick leave taken pursuant to Section 233 as an absence that may lead to or result in discipline, discharge,…
  - § 238 (a) If a final judgment against an employer arising from the employer’s nonpayment of wages for work performed in this state remains unsatisfied after a period…
  - § 238.05 (a) If a final judgment arising from nonpayment of wages for work performed in this state remains unsatisfied after a period of 180 days after the time to…
  - § 238.10 The court shall award a prevailing plaintiff all reasonable attorney’s fees and costs in any action brought by a judgment creditor, the Labor Commissioner, or…
  - § 238.1 (a) Where an employer is conducting business in violation of Section 238, the Labor Commissioner may issue and serve on that employer a stop order prohibiting…
  - § 238.2 (a) The Labor Commissioner may create a lien on any real property in California of an employer, or a successor employer pursuant to subdivision (e) of Section…
  - § 238.3 (a) The Labor Commissioner may create a lien on any personal property in California of an employer that conducts business in violation of Section 238 for the…
  - § 238.4 (a) If an employer in the long-term care industry that is also required to obtain a license from the State Department of Public Health or the State Department…
  - § 238.5 (a) (1) Any individual, business entity, or public entity, regardless of its form, that, as part of its business, contracts for services in the property…
  - § 240 (a) If any employer has been convicted of a violation of any provision of this article, or if any judgment against an employer for nonpayment of wages remains…
  - § 243 (a) If, within 10 years of either a conviction for a violation of this article or failing to satisfy a judgment for nonpayment of wages, or of both, it is…
  - § 244 (a) An individual is not required to exhaust administrative remedies or procedures in order to bring a civil action under any provision of this code, unless…
2. ARTICLE 1.5. Paid Sick Days §§ 245–249 · 14 sections
  - § 245 (a) This article shall be known and may be cited as the Healthy Workplaces, Healthy Families Act of 2014. (b) The provisions of this article are in addition to…
  - § 245.5 As used in this article: (a) “Employee” does not include the following: (1) Except as provided in subdivision (d) of Section 246.5, an employee covered by a…
  - § 246 (a) (1) An employee who, on or after July 1, 2015, works in California for the same employer for 30 or more days within a year from the commencement of…
  - § 246.5 (a) Upon the oral or written request of an employee, an employer shall provide paid sick days for the following purposes: (1) Diagnosis, care, or treatment of…
  - § 247 (a) In each workplace of the employer, the employer shall display a poster in a conspicuous place containing all the information specified in subdivision (b).…
  - § 247.5 (a) An employer shall keep for at least three years records documenting the hours worked and paid sick days accrued and used by an employee, and shall allow…
  - § 248 (a) As used in this section: (1) “COVID-19 food sector supplemental paid sick leave” means supplemental paid sick leave provided pursuant to this section. (2)…
  - § 248.1 (a) As used in this section: (1) “COVID-19 supplemental paid sick leave” means supplemental paid sick leave provided pursuant to this section. (2) “Covered…
  - § 248.2 (a) As used in this section: (1) “COVID-19 supplemental paid sick leave” means supplemental paid sick leave provided pursuant to this section. (2) “Employer”…
  - § 248.3 (a) As used in this section: (1) “COVID-19 supplemental paid sick leave” means supplemental paid sick leave provided pursuant to this section. (2) “Provider”…
  - § 248.5 (a) The Labor Commissioner shall enforce this article, including investigating an alleged violation, and ordering appropriate temporary relief to mitigate the…
  - § 248.6 (a) As used in this section: (1) “Covered employee” means an employee who is unable to work or telework for an employer because of a reason listed under…
  - § 248.7 (a) As used in this section: (1) “COVID-19 supplemental paid sick leave” means supplemental paid sick leave provided pursuant to this section. (2) “Family…
  - § 249 (a) This article does not limit or affect any laws guaranteeing the privacy of health information, or information related to domestic violence or sexual…
3. ARTICLE 2. Seasonal Labor §§ 250–257 · 8 sections
  - § 250 As used in this article “seasonal labor” means all labor performed by any person hired in this State to perform services outside of this State for a period…
  - § 251 This article shall not apply to wages earned by seamen or other persons, where payment is regulated by Federal statute.
  - § 252 Upon application of either the employer or the employee, the wages earned in seasonal labor shall be paid in the presence of the Labor Commissioner, or his…
  - § 253 The Labor Commissioner shall hear and decide all wage disputes arising in connection with seasonal labor and shall allow or reject any deductions made from…
  - § 254 After a final hearing by the Labor Commissioner, he shall file in the office of his division a copy of the findings of fact and his award.
  - § 255 The amount of the award of the Labor Commissioner shall, in the absence of fraud, be conclusively presumed to be the amount of the wages due and unpaid to the…
  - § 256 The Labor Commissioner shall impose a civil penalty in an amount not exceeding 30 days pay as waiting time under the terms of Section 203.
  - § 257 All provisions of Article 1 of this chapter, except sections 204, 205, 207, 208, 209, 210, 211 and 215 are applicable to this article.
4. ARTICLE 3. Special Occupations §§ 270–273 · 6 sections
  - § 270 No person, or agent or officer thereof, engaged in the business of extracting or of extracting and refining or reducing minerals other than petroleum, except…
  - § 270.5 (a) No person, agent or officer thereof, or logging contractor, or sawmill operations contractor, engaged in the business of logging or operating a sawmill for…
  - § 270.6 (a) No person, or agent or officer thereof, without a permanent and fixed place of business or residence in this state who uses or employs any person in the…
  - § 271 No person, or agent or officer thereof, engaged in the business of promoting a theatrical enterprise where living individuals are used or employed in the…
  - § 272 Every person, agent, or officer thereof engaged in the businesses specified in Section 270, 270.5, 270.6, or 271, shall keep conspicuously posted upon the…
  - § 273 (a) The following definitions apply for purposes of this section: (1) “All activities relating to an adverse license or registration action” includes, but is…
5. ARTICLE 4. Elective Compensation Under The Inflation Reduction Act §§ 280–281 · 2 sections
  - § 280 It is the intent of the Legislature to do all of the following: (a) Facilitate the construction, rebuild, repowering, and repair of facilities that advance the…
  - § 281 (a) (1) Notwithstanding any other provision of law, a taxpayer, employer, contractor, or subcontractor may voluntarily make an elective or retroactive wage…
CHAPTER 2. Assignment of Wages § 300 · 1 section
- § 300 (a) As used in this section, the phrase “assignment of wages” includes the sale or assignment of, or giving of an order for, wages or salary but does not…
CHAPTER 3. Privileges and Perquisites §§ 350–452 · 31 sections
1. ARTICLE 1. Gratuities §§ 350–356 · 6 sections
  - § 350 As used in this article, unless the context indicates otherwise: (a) “Employer” means every person engaged in any business or enterprise in this state that has…
  - § 351 (a) No employer or agent shall collect, take, or receive any gratuity or a part thereof that is paid, given to, or left for an employee by a patron, or deduct…
  - § 353 Every employer shall keep accurate records of all gratuities received by him, whether received directly from the employee or indirectly by means of deductions…
  - § 354 Any employer who violates any provision of this article is guilty of a misdemeanor, punishable by a fine not exceeding one thousand dollars ($1,000) or by…
  - § 355 The Department of Industrial Relations shall enforce the provisions of this article. All fines collected under this article shall be paid into the State…
  - § 356 The Legislature expressly declares that the purpose of this article is to prevent fraud upon the public in connection with the practice of tipping and declares…
2. ARTICLE 2. Bonds and Photographs §§ 400–410 · 11 sections
  - § 400 As used in this article, “applicant” means an applicant for employment.
  - § 401 If a bond or photograph of an employee or applicant is required by any employer, the cost thereof shall be paid by the employer.
  - § 402 No employer shall demand, exact, or accept any cash bond from any employee or applicant unless: (a) The employee or applicant is entrusted with property of an…
  - § 403 If cash is received as a bond it shall be deposited in a savings account in a bank authorized to do business in this State, and may be withdrawn only upon the…
  - § 404 Any money put up as a bond under Sections 401, 402 and 403: (a) Is not subject to enforcement of a money judgment except in an action between the employer and…
  - § 405 Any property put up by any employee or applicant as a bond shall not be used for any purpose other than liquidating accounts between the employer and employee…
  - § 406 Any property put up by an employee, or applicant as a part of the contract of employment, directly or indirectly, shall be deemed to be put up as a bond and is…
  - § 407 Investments and the sale of stock or an interest in a business in connection with the securing of a position are illegal as against the public policy of the…
  - § 408 Any person or agent or officer thereof, who violates any provision of this article, except the provisions of Section 405, is guilty of a misdemeanor,…
  - § 409 All fines imposed and collected under this article shall be paid into the State treasury and credited to the general fund.
  - § 410 The Labor Commissioner shall enforce this article.
3. ARTICLE 3. Contracts and Applications for Employment §§ 430–435 · 11 sections
  - § 430 As used in this article “applicant” means an applicant for employment.
  - § 432 If an employee or applicant signs any instrument relating to the obtaining or holding of employment, he shall be given a copy of the instrument upon request.
  - § 432.2 (a) No employer shall demand or require any applicant for employment or prospective employment or any employee to submit to or take a polygraph, lie detector…
  - § 432.3 (a) An employer shall not rely on the salary history information of an applicant for employment as a factor in determining whether to offer employment to an…
  - § 432.5 No employer, or agent, manager, superintendent, or officer thereof, shall require any employee or applicant for employment to agree, in writing, to any term or…
  - § 432.6 (a) A person shall not, as a condition of employment, continued employment, or the receipt of any employment-related benefit, require any applicant for…
  - § 432.7 (a) (1) An employer, whether a public agency or private individual or corporation, shall not ask an applicant for employment to disclose, through any written…
  - § 432.8 The limitations on employers and the penalties provided for in Section 432.7 shall apply to a conviction for violation of subdivision (b) or (c) of Section…
  - § 433 Any person violating this article is guilty of a misdemeanor.
  - § 434 The provisions of this article shall not apply to applications for employment filed with common carriers by railroad subject to the act of Congress known as…
  - § 435 (a) No employer may cause an audio or video recording to be made of an employee in a restroom, locker room, or room designated by an employer for changing…
4. ARTICLE 4. Purchases §§ 450–452 · 3 sections
  - § 450 (a) No employer, or agent or officer thereof, or other person, may compel or coerce any employee, or applicant for employment, to patronize his or her…
  - § 451 Any person, or agent or officer thereof, who violates this article is guilty of a misdemeanor.
  - § 452 Nothing in this article shall prohibit an employer from prescribing the weight, color, quality, texture, style, form and make of uniforms required to be worn…