PART 4. EMPLOYEES [1171. - 1413.]
Heading of Part 4 amended by Stats. 1972, Ch. 1122.
§§ 1171–1413 · 141 sections
CHAPTER 1. Wages, Hours and Working Conditions §§ 1171–1207 · 66 sections
- § 1171 The provisions of this chapter shall apply to and include men, women and minors employed in any occupation, trade, or industry, whether compensation is…
- § 1171.5 The Legislature finds and declares the following: (a) All protections, rights, and remedies available under state law, except any reinstatement remedy…
- § 1173 It is the continuing duty of the Industrial Welfare Commission, hereinafter referred to in this chapter as the commission, to ascertain the wages paid to all…
- § 1174 Every person employing labor in this state shall: (a) Furnish to the commission, at its request, reports or information that the commission requires to carry…
- § 1174.1 (a) Any employer, or other person or entity, who may be liable for a violation of any provision of this code shall be precluded from introducing as evidence,…
- § 1174.5 Any person employing labor who willfully fails to maintain the records required by subdivision (c) of Section 1174 or accurate and complete records required by…
- § 1175 Any person, or officer or agent thereof, is guilty of a misdemeanor who: (a) Neglects or refuses to furnish the information requested under the provisions of…
- § 1176 The commission or any members thereof may subpena witnesses and administer oaths. All witnesses subpenaed by the commission shall be paid the fees and mileage…
- § 1176.1 Any interested party may petition the commission requesting the adoption, amendment, or repeal of a regulation. The petition shall state clearly and concisely…
- § 1176.3 (a) Within 120 days of the receipt of a petition requesting the adoption, amendment, or repeal of a regulation, the commission shall notify the petitioner in…
- § 1177 (a) The commission may make and enforce rules of practice and procedure and shall not be bound by the rules of evidence. Each order of the commission shall be…
- § 1178 If after investigation the commission finds that in any occupation, trade, or industry, the wages paid to employees may be inadequate to supply the cost of…
- § 1178.5 (a) If the commission finds that wages paid to employees may be inadequate to supply the cost of proper living, it shall select one wage board composed of an…
- § 1179 The members of the wage board shall be allowed fifty dollars ($50) per diem and necessary traveling expenses while engaged in such conferences. The commission…
- § 1180 The proceedings and deliberations of the wage board shall be made a matter of record for the use of the commission, and shall be admissible as evidence in any…
- § 1181 Upon the fixing of the time and place for the holding of a hearing for the purpose of considering and acting upon the proposed regulations or any matters…
- § 1182 (a) After receipt of the wage board report and the public hearings on the proposed regulations, the commission may, upon its own motion, amend or rescind an…
- § 1182.1 Any action taken by the commission pursuant to Sections 517 and 1182 shall be published in at least one newspaper in each of the Cities of Los Angeles,…
- § 1182.4 (a) No student employee, camp counselor, or program counselor of an organized camp shall be subject to a minimum wage or maximum hour order of the commission…
- § 1182.5 (a) The Legislature finds that the time permitted the Industrial Welfare Commission to consider daily overtime compensation petitions that are to be given…
- § 1182.6 (a) No employer who continuously operates a manufacturing facility 24 hours a day for seven days a week, and who has had in operation an established…
- § 1182.7 (a) The Legislature finds that the time permitted the Industrial Welfare Commission to consider petitions, including, but not limited to, daily overtime…
- § 1182.8 No employer shall be in violation of any provision of any applicable order of the Industrial Welfare Commission relating to credit or charges for lodging for…
- § 1182.11 Notwithstanding any other provision of this part, on and after March 1, 1997, the minimum wage for all industries shall not be less than five dollars ($5.00)…
- § 1182.12 (a) Notwithstanding any other provision of this part, on and after July 1, 2014, the minimum wage for all industries shall be not less than nine dollars ($9)…
- § 1182.13 (a) The Department of Industrial Relations shall adjust upwards the permissible meals and lodging credits by the same percentage as the increase in the minimum…
- § 1182.14 (a) The Legislature finds and declares as follows: (1) Workers in the health care industry, including workers at general acute care hospitals, acute…
- § 1182.15 (a) The Legislature finds and declares as follows: (1) Workers in the health care industry, including workers at general acute care hospitals, acute…
- § 1182.16 Notwithstanding subdivision (c) of Section 1182.14 and subdivision (c) of Section 1182.15, the effective dates of the minimum wage increases required by…
- § 1183 (a) So far as practicable, the commission, by mail, shall send a copy of the order authorized by Section 1182 to each employer in the occupation or industry in…
- § 1184 Any action taken by the commission pursuant to Section 1182 shall be effective on the first day of the succeeding January or July and not less than 60 days…
- § 1185 The orders of the commission fixing minimum wages, maximum hours, and standard conditions of labor for all employees, when promulgated in accordance with the…
- § 1186 A person employed in the practice of pharmacy is not exempt from coverage under any provision of the orders of the Industrial Welfare Commission unless he or…
- § 1186.5 Notwithstanding any other provision of law, pharmacists engaged in the practice of pharmacy who are employed in the mercantile industry, as defined by Wage…
- § 1187 The findings of fact made by the commission are, in the absence of fraud, conclusive.
- § 1188 Any person aggrieved directly or indirectly by any final rule or regulation of the commission made under this chapter may apply to the commission for a…
- § 1190 Nothing in this chapter shall prevent a review or other action permitted by the Constitution and laws of this State by a court of competent jurisdiction with…
- § 1191 (a) For any occupation in which a minimum wage has been established, the commission may issue to an employee who is mentally or physically disabled, or both, a…
- § 1192 For any occupation in which a minimum wage has been established, the commission may issue to an apprentice or learner a special license authorizing the…
- § 1193 The commission may fix the maximum number of employees to be employed under the licenses provided for in Sections 1191 and 1192 in any occupation, trade,…
- § 1193.5 The provisions of this chapter shall be administered and enforced by the division. Any authorized representative of the division shall have authority to: (a)…
- § 1193.6 (a) The department or division may, with or without the consent of the employee or employees affected, commence and prosecute a civil action to recover unpaid…
- § 1194 (a) Notwithstanding any agreement to work for a lesser wage, any employee receiving less than the legal minimum wage or the legal overtime compensation…
- § 1194.2 (a) In any action under Section 98, 1193.6, 1194, or 1197.1 to recover wages because of the payment of a wage less than the minimum wage fixed by an order of…
- § 1194.3 An employee may recover attorney’s fees and costs incurred to enforce a court judgment for unpaid wages due pursuant to this code.
- § 1194.5 In any case in which a person employing an employee has willfully violated any of the laws, regulations, or orders governing the wages, hours of work, or…
- § 1195 Any person may register with the Division of Labor Standards Enforcement a complaint that the wage paid to an employee for whom a minimum wage has been fixed…
- § 1195.5 The Division of Labor Standards Enforcement shall determine, upon request, whether the wages of employees, which exceed the minimum wages fixed by the…
- § 1197 The minimum wage for employees fixed by the commission or by any applicable state or local law, is the minimum wage to be paid to employees, and the payment of…
- § 1197.1 (a) Any employer or other person acting either individually or as an officer, agent, or employee of another person, who pays or causes to be paid to any…
- § 1197.2 (a) In addition to any other penalty imposed by law, an employer who willfully fails to pay and has the ability to pay a final court judgment or final order…
- § 1197.5 (a) An employer shall not pay any of its employees at wage rates less than the rates paid to employees of another sex for substantially similar work, when…
- § 1198 The maximum hours of work and the standard conditions of labor fixed by the commission shall be the maximum hours of work and the standard conditions of labor…
- § 1198.3 (a) The Chief of the Division of Labor Standards Enforcement may, when in his or her judgment hardship will result, exempt any employer or employees from any…
- § 1198.4 Upon request, the Chief of the Division of Labor Standards Enforcement shall make available to the public any enforcement policy statements or interpretations…
- § 1198.5 (a) (1) Every current and former employee, or their representative, has the right to inspect and receive a copy of the personnel records that the employer…
- § 1199 Every employer or other person acting either individually or as an officer, agent, or employee of another person is guilty of a misdemeanor and is punishable…
- § 1199.5 Every employer or other person acting either individually or as an officer, agent, or employee of another person is guilty of a misdemeanor and is punishable…
- § 1200 In every prosecution for violation of any provision of this chapter, the minimum wage, the maximum hours of work, and the standard conditions of labor fixed by…
- § 1201 The commission shall not act as a board of arbitration during a strike or lockout.
- § 1202 Upon the request of the commission, the department shall cause such statistics and other data and information to be gathered, and investigations made, as the…
- § 1203 The commission may publish and distribute from time to time reports and bulletins covering its operations and proceedings under this chapter and such other…
- § 1204 No order made by the commission under the provisions of Sections 1182 or 1184 of this chapter shall be effective unless and until compliance is had with the…
- § 1205 (a) As used in this section and in Section 1206: (1) “Local jurisdiction” means any city, county, district, or agency, or any subdivision or combination…
- § 1206 Notwithstanding any other provision of law, this code establishes minimum penalties for failure to comply with wage-related statutes and regulations.
- § 1207 In any instance in which an employer is required to physically post information, an employer may also distribute that information to employees by email with…
CHAPTER 1.5. Social Compliance Audits §§ 1250–1251 · 2 sections
- § 1250 For purposes of this chapter, the following definitions apply: (a) “Child” means a natural person under 18 years of age. (b) “Child labor” means any work…
- § 1251 (a) An employer who has voluntarily subjected itself to a social compliance audit, whether the audit is conducted in part, or in whole, to determine if child…
CHAPTER 2. Occupational Privileges and Restrictions §§ 1285–1312 · 47 sections
- § 1285 It is the intent of the Legislature in enacting Sections 1286 to 1289, inclusive, to establish a citation system for the imposition of prompt and effective…
- § 1286 As used in this chapter: (a) “Director” means the Director of Industrial Relations or the director’s designee. (b) “Department” means the Department of…
- § 1287 If upon inspection or investigation the director determines that a person is in violation of any statutory provision or rule or regulation relating to the…
- § 1288 Citations issued pursuant to this chapter shall be classified according to the nature of the violation and shall indicate the classification on the face…
- § 1289 (a) If a person desires to contest a citation or the proposed assessment of a civil penalty therefor, he or she shall within 15 business days after service of…
- § 1290 A minor under the age of 16 years shall not be employed, permitted, or suffered to work in or in connection with any manufacturing establishment or other place…
- § 1291 Work is done for a manufacturing establishment within the meaning of this chapter whenever it is done at any place upon the work of a manufacturing…
- § 1292 No minor under the age of sixteen years shall be employed or permitted to work in any capacity in: (a) Adjusting any belt to any machinery. (b) Sewing or…
- § 1293 No minor under the age of sixteen years shall be employed, or permitted, to work in any capacity in operating or assisting in operating any of the following…
- § 1293.1 (a) Except as provided in subdivision (c) of Section 1394, no minor under the age of 12 years may be employed or permitted to work, or accompany or be…
- § 1294 No minor under the age of 16 years shall be employed or permitted to work in any capacity: (a) Upon any railroad, whether steam, electric, or hydraulic. (b)…
- § 1294.1 (a) No minor under the age of 16 years shall be employed or permitted to work in either of the following: (1) Any occupation declared particularly hazardous…
- § 1294.3 Minors 14 and 15 years of age may be employed in occupations not otherwise prohibited by this chapter, including, but not limited to, the following: (a) Office…
- § 1294.4 Nothing in this chapter shall be construed to prohibit a minor engaged in the delivery of newspapers to consumers from making deliveries by foot, bicycle,…
- § 1294.5 (a) Minors 16 and 17 years of age may work in gas service stations in the following activities: (1) Dispensing gas or oil. (2) Courtesy service. (3) Car…
- § 1295 (a) Sections 1292, 1293, 1294, and 1294.5 shall not apply to any of the following: (1) Courses of training in vocational or manual training schools or in state…
- § 1295.5 (a) Notwithstanding Section 1391 of this code or Section 49116 of the Education Code, minors 14 years of age and older may be employed during the hours…
- § 1296 The Division of Labor Standards Enforcement may, after a hearing, determine whether any particular trade, process of manufacture, or occupation, in which the…
- § 1297 No minor under the age of 16 years shall be employed or permitted to work as a messenger for any telegraph, telephone, or messenger company, or for the United…
- § 1298 (a) Notwithstanding Section 1308.1, no minor under 12 years of age shall be employed or permitted to work at any time in or in connection with the occupation…
- § 1299 Every person, or agent or officer thereof, employing minors, either directly or indirectly through third persons, shall keep on file all permits and…
- § 1300 All certificates and permits to work or to employ shall be subject to cancellation at any time by the Labor Commissioner or by the issuing authority, whenever…
- § 1301 (a) The provisions of this chapter concerning the employment of minors, and the civil penalties for violations of those provisions, are fully applicable to…
- § 1302 The attendance supervisor, who is a full-time attendance supervisor performing no other duties, of any county, city and county, or school district in which any…
- § 1303 Any person, or agent or officer of that person, employing either directly or indirectly through third persons, or any parent or guardian of a minor affected by…
- § 1304 Failure to produce any permit or certificate either to work or to employ is prima facie evidence of the illegal employment of any minor whose permit or…
- § 1305 (a) All fines and penalties collected under this chapter, other than as the result of a judicial proceeding to enforce collection, shall be paid to the…
- § 1307 All minors coming within the provisions of Division 9 (commencing with Section 10501) of the Education Code shall be placed or delivered into the custody of…
- § 1308 (a) Any person is guilty of a misdemeanor and is punishable by a fine of not less than one thousand dollars ($1,000) and not more than five thousand dollars…
- § 1308.1 (a) No minor under the age of 6 years shall be permitted to engage in the door-to-door sales or street sales of candy, cookies, flowers, or any other…
- § 1308.2 (a) Except as provided in subdivision (f), any person 18 years of age or older who transports, or provides direction or supervision during transportation of, a…
- § 1308.3 (a) Except as provided in subdivision (g), any individual, association, corporation, or other entity that employs or uses, either directly or indirectly…
- § 1308.4 The Labor Commissioner may revoke, suspend, or refuse to renew any registration under Section 1308.2 or 1308.3 when any of the following have occurred: (a) The…
- § 1308.5 (a) This section, with the exception of paragraph (4) of this subdivision, shall apply to all minors under the age of 16 years. The written consent of the…
- § 1308.6 No consent shall be given at any time unless the officer giving it is satisfied that all of the following conditions are met: (a) The environment in which the…
- § 1308.7 (a) No minor shall be employed in the entertainment industry more than eight hours in one day of 24 hours, or more than 48 hours in one week, or before 5 a.m.,…
- § 1308.8 (a) No infant under the age of one month may be employed in the entertainment industry unless a licensed physician and surgeon who is board certified in either…
- § 1308.9 (a) If the Labor Commissioner provides written consent pursuant to Section 1308.5 for the employment of a minor under a contract described in Section 6750 of…
- § 1308.10 (a) Prior to the employment of a minor under the age of 16 years in any of the circumstances listed in subdivision (a) of Section 1308.5, the Labor…
- § 1308.11 (a) All registrations, fees, and permit fees collected under this chapter shall be deposited in the Labor Enforcement and Compliance Fund. (b) On June 27,…
- § 1309 Every person who takes, receives, hires, employs, uses, exhibits, or has in custody, for any of the purposes mentioned in Section 1308, any minor under the age…
- § 1309.5 (a) Every person who, with knowledge that a person is a minor under 18 years of age, or who, while in possession of these facts that he or she should…
- § 1309.6 (a) Any person who violates any provision of Section 1309.5 shall be liable for a civil penalty not to exceed seven thousand five hundred dollars ($7,500) for…
- § 1310 This chapter and Chapter 3 (commencing with Section 1390) do not prohibit or prevent any of the following: (a) The appearance of any minor in any church,…
- § 1311 The Division of Labor Standards Enforcement shall enforce this chapter.
- § 1311.5 (a) This section shall be known and may be cited as the Child Labor Protection Act of 2014. (b) The statute of limitations for claims arising under this code…
- § 1312 This chapter does not limit the authority of the Attorney General or the district attorney of any county, either upon their own complaint or the complaint of…
CHAPTER 3. Working Hours §§ 1390–1399 · 9 sections
- § 1390 As used in this chapter, unless the context otherwise indicates: (a) “Horticultural” includes the curing and drying but not the canning of all varieties of…
- § 1391 (a) Except as provided in Sections 1297, 1298, and 1308.7: (1) An employer shall not employ a minor 15 years of age or younger for more than eight hours in one…
- § 1391.1 Minors 16 years of age or older and under the age of 18 years enrolled in work experience or cooperative vocational education programs approved by the State…
- § 1391.2 (a) Notwithstanding Sections 1391 and 1391.1, any minor under 18 years of age who has been graduated from a high school maintaining a four-year course above…
- § 1392 Every person who has a minor under his or her control, as a ward or an apprentice, and who, except in household occupations, requires the minor to work more…
- § 1393 (a) Notwithstanding any other provision of this chapter and Article 2 (commencing with Section 49110) of Chapter 7 of Part 27 of Division 4 of Title 2 of the…
- § 1394 This chapter and Chapter 2 (commencing with Section 1285) do not prohibit or prevent either of the following: (a) The employment of any minor at agricultural,…
- § 1398 The Division of Labor Standards Enforcement shall enforce the provisions of this chapter.
- § 1399 This chapter does not limit the authority of the Attorney General or the district attorney of any county, either upon their own complaint or the complaint of…
CHAPTER 4. Relocations, Terminations, and Mass Layoffs §§ 1400–1413 · 17 sections
ARTICLE 1. General Cal/WARN Requirements §§ 1400–1408 · 11 sections
- § 1400 This chapter may be cited as the “California Worker Adjustment and Retraining Act” or “Cal/WARN Act.”
- § 1400.5 The definitions set forth in this section shall govern the construction and meaning of the terms used in this chapter: (a) “Covered establishment” means any…
- § 1401 (a) An employer may not order a mass layoff, relocation, or termination at a covered establishment unless, 60 days before the order takes effect, the employer…
- § 1402 (a) An employer who fails to give notice as required by paragraph (1) of subdivision (a) of Section 1401 before ordering a mass layoff, relocation, or…
- § 1402.5 (a) An employer is not required to comply with the notice requirement contained in subdivision (a) of Section 1401 if the department determines that all of the…
- § 1403 An employer who fails to give notice as required by paragraph (2) of subdivision (a) of Section 1401 is subject to a civil penalty of not more than five…
- § 1404 A person, including a local government or an employee representative, seeking to establish liability against an employer may bring a civil action on behalf of…
- § 1405 If the court determines that an employer conducted a reasonable investigation in good faith, and had reasonable grounds to believe that its conduct was not a…
- § 1406 (a) In any investigation or proceeding under this chapter, the Labor Commissioner has, in addition to all other powers granted by law, the authority to examine…
- § 1407 (a) Payments to a person under subdivision (a) of Section 1402 by an employer who has failed to provide the advance notice of facility closure required by this…
- § 1408 The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other…
ARTICLE 2. Relocation of Call Centers §§ 1409–1413 · 6 sections
- § 1409 (a) This article shall apply to an employer’s relocation of a call center, as defined in this article. (b) The definitions set forth in this subdivision shall…
- § 1410 (a) A call center employer shall not order a relocation of its call center, or one or more of its facilities or operating units within a call center, unless…
- § 1410.5 (a) A violation of subdivision (a) of Section 1410 shall be enforced through the provisions and remedies contained in Article 1 (commencing with Section 1400),…
- § 1411 (a) Except as provided in subdivision (b), and notwithstanding any other law, a call center employer that appears on the list described in subdivision (b) of…
- § 1412 This article shall not be construed to permit withholding or denial of payments, compensation, or benefits under any other state law, including state…
- § 1413 The Labor Commissioner and the Employment Development Department may adopt rules and regulations as necessary and proper to effectuate the purposes of this…