CHAPTER 4. Division of Labor Standards Enforcement

Heading of Chapter 4 amended by Stats. 1976, Ch. 746.

§§ 79–107 · 54 sections

§ 79 There is in the Department of Industrial Relations the Division of Labor Standards Enforcement. The Division of Labor Standards Enforcement shall be under the…
§ 80 The headquarters of the Division of Labor Standards Enforcement, hereafter in this chapter referred to as the division, shall be located in San Francisco.
§ 81 The employees of the division shall devote their full time to the work of the division and shall receive their actual necessary traveling expenses. The…
§ 82 (a) The Division of Labor Standards Enforcement succeeds to, and is vested with, all of the powers, duties, purposes, responsibilities, and jurisdiction of the…
§ 83 (a) The Division of Labor Standards Enforcement succeeds to, and is vested with, all of the powers, duties, purposes, responsibilities, and jurisdiction of the…
§ 87 All persons, other than temporary employees, serving in the state civil service and engaged in the performance of a function transferred pursuant to this…
§ 88 The personnel records of all employees transferred pursuant to Section 87 shall remain in the Department of Industrial Relations.
§ 89 The Division of Labor Standards Enforcement shall have possession and control of all records, books, papers, offices, equipment, supplies, moneys, funds,…
§ 89.5 The Division of Labor Standards Enforcement may expend the money in any appropriation or in any special fund in the State Treasury made available by law for…
§ 90 The Labor Commissioner, his deputies and agents, shall have free access to all places of labor. Any person, or agent or officer thereof, who refuses admission…
§ 90.2 (a) (1) Except as otherwise required by federal law, an employer shall provide a notice to each current employee, by posting in the language the employer…
§ 90.3 (a) It is the policy of this state to vigorously enforce the laws requiring employers to secure the payment of compensation as required by Section 3700 and to…
§ 90.5 (a) It is the policy of this state to vigorously enforce minimum labor standards in order to ensure employees are not required or permitted to work under…
§ 90.6 (a) In the case of an investigation by the field enforcement unit, the date of a written notice by the Labor Commissioner to an employer, or other person or…
§ 90.7 When the division determines that an employer has violated Section 226.2, 1021, 1021.5, 1197, or 1771, or otherwise determines that an employer may have failed…
§ 90.8 (a) As an alternative to a judgment lien, the Labor Commissioner may create a lien on real property to secure the amount due to the Labor Commissioner under…
§ 91 Any person who willfully impedes or prevents the Labor Commissioner or his deputies or agents in the performance of duty, is guilty of a misdemeanor,…
§ 92 The Labor Commissioner, his deputies and agents, may issue subpoenas to compel the attendance of witnesses and parties and the production of books, papers and…
§ 93 Obedience to subpoenas issued by the Labor Commissioner, or his deputies or agents shall be enforced by the courts. It is a misdemeanor to ignore willfully…
§ 94 The office of the division shall be open for business from 9 o'clock a.m. until 5 o'clock p.m. every day except nonjudicial days, and the officers thereof…
§ 95 (a) The division may enforce the provisions of this code and all labor laws of the state the enforcement of which is not specifically vested in any other…
§ 96 The Labor Commissioner and the deputies and representatives authorized by the commissioner in writing shall, upon the filing of a claim therefor by an…
§ 96.1 (a) By March 1, 2022, and by that date annually thereafter, the division shall submit a report to the Department of Finance and the budget committees and…
§ 96.3 In cases where employees are covered by a collective bargaining agreement, the collective bargaining representative by virtue of such agreement may be the…
§ 96.5 The Labor Commissioner shall conduct such hearings as may be necessary for the purpose of Section 7071.11 of the Business and Professions Code. In any action…
§ 96.6 The Industrial Relations Unpaid Wage Fund is hereby created as a special fund in the State Treasury, which is continuously appropriated for the purposes of…
§ 96.7 The Labor Commissioner, after investigation and upon determination that wages or monetary benefits are due and unpaid to any worker in the State of California,…
§ 96.8 (a) Notwithstanding any other law, beginning 20 days after a judgment is entered by a court of competent jurisdiction in favor of the Labor Commissioner, or in…
§ 97 The Labor Commissioner, his deputies and representatives shall not be bound by any rule requiring the consent of the spouse of a married claimant, the filing…
§ 98 (a) The Labor Commissioner is authorized to investigate employee complaints. The Labor Commissioner may provide for a hearing in any action to recover wages,…
§ 98.1 (a) Within 15 days after the hearing is concluded, the Labor Commissioner shall file in the office of the division a copy of the order, decision, or award. The…
§ 98.2 (a) Within 10 days after service of notice of an order, decision, or award, the parties may seek review by filing an appeal to the superior court, where the…
§ 98.3 (a) The Labor Commissioner may prosecute all actions for the collection of wages, penalties, and demands of persons who in the judgment of the Labor…
§ 98.4 (a) The Labor Commissioner may, upon the request of a claimant financially unable to afford counsel, represent such claimant in the de novo proceedings…
§ 98.5 The Labor Commissioner shall have the right to intervene in any court proceedings conducted pursuant to Section 98.2 where questions of the interpretation of…
§ 98.6 (a) A person shall not discharge an employee or in any manner discriminate, retaliate, or take any adverse action against any employee or applicant for…
§ 98.7 (a) (1) Any person who believes that they have been discharged or otherwise discriminated against in violation of any law under the jurisdiction of the Labor…
§ 98.74 (a) If the Labor Commissioner determines, after an investigation of a retaliation or discrimination complaint filed in accordance with Section 98.7, that a…
§ 98.75 The Labor Commissioner shall submit a report to the Legislature by February 15, 1987, and annually thereafter by February 15, providing the following…
§ 98.8 The Labor Commissioner shall promulgate all regulations and rules of practice and procedure necessary to carry out the provisions of this chapter.
§ 98.9 Upon a finding by the Labor Commissioner that a willful or deliberate violation of any of the provisions of the Labor Code, within the jurisdiction of the…
§ 98.10 (a) On or before June 1, 2017, the Labor Commissioner shall develop a model notice pertaining to workplace rights and wage and hour laws for employees of…
§ 98.11 The Labor Commissioner shall develop a model list of employees’ rights and responsibilities under the whistleblower laws that complies with the requirements of…
§ 99 The division may file preferred claims, mechanics’ liens, and other liens of employees in the name of the Labor Commissioner, his deputy or representative or…
§ 100 The division may join various claimants in one preferred claim or lien as well as list them with the data regarding their claims in an exhibit and join them,…
§ 100.5 Preferred claims for work performed or personal services rendered are provided for in Sections 1204, 1205, 1206, 1207, and 1208 of the Code of Civil Procedure,…
§ 101 No court costs of any nature shall be payable by the division, in any civil action to which the division is a party. Any sheriff or marshal requested by the…
§ 101.5 No fees shall be payable for the filing or recording of any document or paper in the performance of any official service by the Labor Commissioner. The amount…
§ 102 The sheriff or marshal shall specify when the summons or process is returned, what costs he or she would ordinarily have been entitled to for such service, and…
§ 103 The Labor Commissioner shall, to the extent provided for by any reciprocal agreement entered into pursuant to Section 64, or by the laws of any other state,…
§ 104 The Labor Commissioner shall, upon the written request of the labor department or other corresponding agency of any other state or of any person, board,…
§ 105 (a) The Labor Commissioner shall provide qualified bilingual persons in public contact positions or as interpreters to assist those in such positions to…
§ 106 (a) The Labor Commissioner may authorize an employee of any of the agencies that participate in the Joint Enforcement Strike Force on the Underground Economy,…
§ 107 (a) The enforcement of Section 14110.65 of the Welfare and Institutions Code is vested with the State Department of Health Services. (b) Any claim made under…