0 chapters · 949 sections in this title.
Lab. Code § 350 Section 350
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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 one or more persons in service under any appointment, contract of hire, or apprenticeship, express or implied, oral or w…
Lab. Code § 351 Section 351
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(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 any amount from wages due an employee on account of a gratuity, or require an employee to credit the amount, or any part …
Lab. Code § 353 Section 353
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Every employer shall keep accurate records of all gratuities received by him, whether received directly from the employee or indirectly by means of deductions from the wages of the employee or otherwise. Such records shall be open to inspection at all reasonable hours by the depa…
Lab. Code § 354 Section 354
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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 imprisonment for not exceeding 60 days, or both.
Lab. Code § 355 Section 355
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The Department of Industrial Relations shall enforce the provisions of this article. All fines collected under this article shall be paid into the State treasury and credited to the general fund. (Enacted by Stats. 1937, Ch. 90.)
Lab. Code § 356 Section 356
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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 that this article is passed for a public reason and can not be contravened by a private agreement. As a part of the soci…
Lab. Code § 400 Section 400
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As used in this article, “applicant” means an applicant for employment. (Enacted by Stats. 1937, Ch. 90.)
Lab. Code § 401 Section 401
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If a bond or photograph of an employee or applicant is required by any employer, the cost thereof shall be paid by the employer. (Enacted by Stats. 1937, Ch. 90.)
Lab. Code § 402 Section 402
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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 equivalent value, or (b) The employer advances regularly to the employee goods, wares, or merchandise to be delivered or …
Lab. Code § 403 Section 403
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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 joint signatures of the employer and the employee or applicant. Cash put up as a bond shall be accompanied by an agreemen…
Lab. Code § 404 Section 404
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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 the employee or applicant, or their successors or assigns. (b) Shall be returned to the employee or applicant together wi…
Lab. Code § 405 Section 405
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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 or for return to the employee or applicant and shall be held in trust for this purpose and not mingled with the property …
Lab. Code § 406 Section 406
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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 subject to the provisions of this article whether the property is put up on a note or as a loan or an investment and reg…
Lab. Code § 407 Section 407
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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 State and shall not be advertised or held out in any way as a part of the consideration for any employment. (Enacted by Sta…
Lab. Code § 408 Section 408
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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, punishable by a fine of not less than fifty dollars ($50) and not exceeding one thousand dollars ($1,000), or imprisonment for not…
Lab. Code § 409 Section 409
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All fines imposed and collected under this article shall be paid into the State treasury and credited to the general fund. (Enacted by Stats. 1937, Ch. 90.)
Lab. Code § 410 Section 410
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The Labor Commissioner shall enforce this article. (Enacted by Stats. 1937, Ch. 90.)
Lab. Code § 430 Section 430
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As used in this article “applicant” means an applicant for employment. (Enacted by Stats. 1937, Ch. 90.)
Lab. Code § 432 Section 432
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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.
Lab. Code § 432.2 Section 432.2
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(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 or similar test or examination as a condition of employment or continued employment. The prohibition of this section does …
Lab. Code § 432.3 Section 432.3
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(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 applicant or what salary to offer an applicant. (b) An employer shall not, orally or in writing, personally or through an a…
Lab. Code § 432.5 Section 432.5
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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 condition which is known by such employer, or agent, manager, superintendent, or officer thereof to be prohibited by law…
Lab. Code § 432.6 Section 432.6
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(a) A person shall not, as a condition of employment, continued employment, or the receipt of any employment-related benefit, require any applicant for employment or any employee to waive any right, forum, or procedure for a violation of any provision of the California Fair Emplo…
Lab. Code § 432.7 Section 432.7
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(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 form or verbally, information concerning an arrest or detention that did not result in conviction, or information concerni…
Lab. Code § 432.8 Section 432.8
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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 11357 of the Health and Safety Code or a statutory predecessor thereof, or subdivision (c) of Section 11360 of the Health an…
Lab. Code § 433 Section 433
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Any person violating this article is guilty of a misdemeanor. (Enacted by Stats. 1937, Ch. 90.)
Lab. Code § 434 Section 434
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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 the Railway Labor Act. (Enacted by Stats. 1937, Ch. 90.)
Lab. Code § 435 Section 435
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(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 clothes, unless authorized by court order. (b) No recording made in violation of this section may be used by an employer for …
Lab. Code § 450 Section 450
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(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 employer, or any other person, in the purchase of any thing of value. (b) For purposes of this section, to compel or coerce the p…
Lab. Code § 451 Section 451
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Any person, or agent or officer thereof, who violates this article is guilty of a misdemeanor. (Enacted by Stats. 1937, Ch. 90.)
Lab. Code § 452 Section 452
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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 by his employees. (Enacted by Stats. 1937, Ch. 90.)