0 chapters · 949 sections in this title.
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as a bond it shall be deposited in a savings account in a bank authorized to do business in this State, and may be withdrawn only upon the joint signatures of the employer and the employee or applicant.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.)
Lab. Code § 1400 Section 1400
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This chapter may be cited as the “California Worker Adjustment and Retraining Act” or “Cal/WARN Act.”
Lab. Code § 1400.5 Section 1400.5
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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 industrial or commercial facility or part thereof that employs, or has employed within the preceding 12 months, 75 or more …
Lab. Code § 1401 Section 1401
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(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 gives written notice of the order to the following: (1) The employees of the covered establishment affected by the order.…
Lab. Code § 1402 Section 1402
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(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 termination is liable to each employee entitled to notice who lost his or her employment for: (1) Back pay at the average regular…
Lab. Code § 1402.5 Section 1402.5
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(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 following conditions exist: (1) As of the time that notice would have been required, the employer was actively seeking c…
Lab. Code § 1403 Section 1403
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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 hundred dollars ($500) for each day of the employer’s violation. The employer is not subject to a civil penalty under this sect…
Lab. Code § 1404 Section 1404
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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 the person, other persons similarly situated, or both, in any court of competent jurisdiction. The court may award reason…
Lab. Code § 1405 Section 1405
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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 violation of this chapter, the court may reduce the amount of any penalty imposed against the employer under this chapter.
Lab. Code § 1406 Section 1406
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(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 the books and records of an employer. (b) The Labor Commissioner may enforce the notice requirements in Section 1401 and…
Lab. Code § 1407 Section 1407
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(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 chapter or the federal Worker Adjustment and Retraining Notification Act (29 U.S.C. Sec. 2101 et seq.) may not be constr…
Lab. Code § 1408 Section 1408
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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 provisions or applications that can be given effect without the invalid provision or application.
Lab. Code § 1409 Section 1409
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(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 apply to the construction and meaning of terms used in this article. The definitions set forth in Section 1400.5 also app…
Lab. Code § 1410 Section 1410
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(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 notice of the relocation is provided in accordance with Section 1401. If a call center employer is required to provide noti…
Lab. Code § 1410.5 Section 1410.5
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(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), including, but not limited to, Sections 1402, 1403, 1404, 1406, and 1407. (b) A call center employer that is found liabl…
Lab. Code § 1411 Section 1411
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(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 Section 1410, or who should have appeared on the list but did not provide notice as specified, shall be ineligible to be a…
Lab. Code § 1412 Section 1412
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This article shall not be construed to permit withholding or denial of payments, compensation, or benefits under any other state law, including state unemployment compensation, disability payments, or worker retraining or readjustment funds, to workers employed by call center emp…
Lab. Code § 1413 Section 1413
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The Labor Commissioner and the Employment Development Department may adopt rules and regulations as necessary and proper to effectuate the purposes of this article, in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government…
Lab. Code § 1700 Section 1700
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As used in this chapter, “person” means any individual, company, society, firm, partnership, association, corporation, limited liability company, manager, or their agents or employees.
Lab. Code § 1700.1 Section 1700.1
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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…
Lab. Code § 1700.10 Section 1700.10
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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 renewe…
Lab. Code § 1700.11 Section 1700.11
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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.
Lab. Code § 1700.12 Section 1700.12
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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 shal…