reglab/statecodes huggingface dataset:
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 4 - EMPLOYEES › CHAPTER 2 - Occupational Privileges and Restrictions › Section 1308.8.

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 pediatrics or family medicine provides written certification that the infant is at least 15 days old and, in their medical opinion, the infant was carried to full term, was of normal birth weight, is physically capable of handling the stress of working in the entertainment industry, and the infant’s lungs, eyes, heart, and immune system are sufficiently developed to withstand the potential risks.
(b) Any parent, guardian, or employer of a minor, and any officer or agent of an employer of a minor, who directly or indirectly violates subdivision (a), or who causes or suffers a violation of subdivision (a), with respect to that minor, is guilty of a misdemeanor punishable by a fine of not less than two thousand five hundred dollars ($2,500) nor more than five thousand dollars ($5,000), by imprisonment in the county jail for not more than 60 days, or by both that fine and imprisonment.
(Amended by Stats. 2019, Ch. 632, Sec. 14.5. (AB 1622) Effective January 1, 2020.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 4 - EMPLOYEES › CHAPTER 2 - Occupational Privileges and Restrictions › Section 1308.9.

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 the Family Code, that consent shall be void after the expiration of 10 business days from the date written consent was granted, unless it is attached to a true and correct copy of the trustee’s statement evidencing the establishment on behalf of the minor of a “Coogan Trust Account” pursuant to Chapter 3 (commencing with Section 6750) of Part 3 of Division 11 of the Family Code. If the written consent is attached to a true and correct copy of that trustee’s statement, the written consent shall be valid for a six-month period.
(b) A person may not apply for the written consent of the Labor Commissioner to employ the same minor under a contract described in Section 6750 of the Family Code more than once in any six-month period. If written consent is issued by the Labor Commissioner for the employment of the same minor more than once within any six-month period, the earliest dated written consent shall be valid and any other written consent issued during that six-month period shall be void.
(Added by Stats. 2003, Ch. 667, Sec. 4. Effective January 1, 2004.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 4 - EMPLOYEES › CHAPTER 2 - Occupational Privileges and Restrictions › Section 1308.10.

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 Commissioner may issue a temporary permit authorizing employment of the minor to enable a parent or guardian of the minor to meet the requirement for a permit under subdivision (a) of Section 1308.5 and to establish a trust account for the minor or to produce the documentation required by the Labor Commissioner for the issuance of a permit under Section 1308.5, subject to all of the following conditions:
(1) A temporary permit shall be valid for a period not to exceed 10 days from the date of issuance.
(2) A temporary permit shall not be issued for the employment of a minor if the minor’s parent or guardian has previously applied for or been issued a permit by the Labor Commissioner pursuant to Section 1308.5 or a temporary permit pursuant to this section for employment of the minor.
(3) For infants who are subject to the requirements of Section 1308.8, a temporary permit shall not be issued before the requirements of that section are met.
(4) The Division of Labor Standards Enforcement shall prepare and make available on its Internet Web site the application form for a temporary permit. An applicant for a temporary permit shall submit a completed application and application fee online to the division. Upon receipt of the completed application and fee, the division shall immediately issue a temporary permit.
(b) The Labor Commissioner shall set forth the fee in an amount sufficient to pay for the costs of administering the online temporary minor’s entertainment work permit program, but not to exceed fifty dollars ($50).
(Amended by Stats. 2016, Ch. 31, Sec. 178. (SB 836) Effective June 27, 2016.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 4 - EMPLOYEES › CHAPTER 2 - Occupational Privileges and Restrictions › Section 1308.11.

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, 2016, any moneys in the Entertainment Work Permit Fund and any assets, liabilities, revenues, expenditures, and encumbrances of that fund shall be transferred to the Labor Enforcement and Compliance Fund.
(Amended by Stats. 2017, Ch. 561, Sec. 158. (AB 1516) Effective January 1, 2018.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 4 - EMPLOYEES › CHAPTER 2 - Occupational Privileges and Restrictions › Section 1309.

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 of 16, or under the age of 18, as specified in paragraph (3) of subdivision (a) of Section 1308, is guilty of a misdemeanor punishable by a fine of not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000), or imprisonment for not more than six months, or both.
Any person who willfully violates this section shall, upon conviction, be subject to a fine of not more than ten thousand dollars ($10,000), or to imprisonment in the county jail for not more than six months, or both. A person shall not be imprisoned under this section, except for an offense committed after the conviction of that person for a prior offense under this chapter.
(Amended by Stats. 2017, Ch. 561, Sec. 159. (AB 1516) Effective January 1, 2018.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 4 - EMPLOYEES › CHAPTER 2 - Occupational Privileges and Restrictions › Section 1309.5.

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 reasonably know that the person is a minor under 18 years of age, knowingly sells or distributes for resale films, photographs, slides, or magazines which depict a minor under 18 years of age engaged in sexual conduct as defined in Section 311.4 of the Penal Code, shall determine the names and addresses of persons from whom this material is obtained, and shall keep a record of these names and addresses. These records shall be kept for a period of three years after the material is obtained, and shall be kept confidential except that they shall be available to law enforcement officers as described in Section 830.1 and subdivision (h) of Section 830.3 of the Penal Code upon request.
(b) Every retailer who knows or reasonably should know that films, photographs, slides, or magazines depict a minor under the age of 18 years engaged in sexual conduct as defined in Section 311.4 of the Penal Code, shall keep a record of the names and addresses of persons from whom this material is acquired. These records shall be kept for a period of three years after the material is acquired, and shall be kept confidential except that they shall be available to law enforcement officers as described in Section 830.1 and subdivision (h) of Section 830.3 of the Penal Code upon request.
(c) The failure to keep and maintain the records described in subdivisions (a) and (b) for a period of three years after the obtaining or acquisition of this material is a misdemeanor. Disclosure of these records by law enforcement officers, except in the performance of their duties, is a misdemeanor.
(Amended by Stats. 1989, Ch. 806, Sec. 5.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 4 - EMPLOYEES › CHAPTER 2 - Occupational Privileges and Restrictions › Section 1309.6.

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 each violation, which shall be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General or by any district attorney, county counsel, or city attorney in any court of competent jurisdiction.
(b) If the action is brought by the Attorney General, one-half of the penalty collected shall be paid to the treasurer of the county in which the judgment was entered, and one-half to the State Treasurer. If brought by a district attorney or county counsel, the entire amount of penalty collected shall be paid to the treasurer of the county in which the judgment was entered. If brought by a city attorney or city prosecutor, one-half of the penalty shall be paid to the treasurer of the county and one-half to the city.
(Amended by Stats. 1995, Ch. 887, Sec. 10. Effective January 1, 1996.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 4 - EMPLOYEES › CHAPTER 2 - Occupational Privileges and Restrictions › Section 1310.

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, public or religious school, or community entertainment.
(b) The appearance of any minor in any school entertainment or in any entertainment for charity or for children, for which an admission fee is not charged.
(c) The appearance of any minor in any radio or television broadcasting or digital exhibition, if the minor does not receive compensation directly or indirectly therefor, the engagement of the minor is limited to a single appearance lasting not more than one hour, and an admission fee is not charged for the radio or television broadcasting or digital exhibition.
(d) The appearance of any minor at any one event during a calendar year, occurring on a day on which school attendance is not required or on the day preceding such a day, lasting four hours or less, if a parent or guardian of the minor is present, for which the minor does not directly or indirectly receive any compensation.
(Amended by Stats. 2018, Ch. 261, Sec. 1. (AB 2388) Effective January 1, 2019.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 4 - EMPLOYEES › CHAPTER 2 - Occupational Privileges and Restrictions › Section 1311.

1311. The Division of Labor Standards Enforcement shall enforce this chapter.
(Amended by Stats. 2017, Ch. 561, Sec. 161. (AB 1516) Effective January 1, 2018.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 4 - EMPLOYEES › CHAPTER 2 - Occupational Privileges and Restrictions › Section 1311.5.

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 shall be tolled until an individual allegedly aggrieved by an unlawful practice attains the age of majority. This subdivision is declaratory of existing law.
(c) In addition to other remedies available, an individual who is discharged, threatened with discharge, demoted, suspended, retaliated against, subjected to an adverse action, or in any other manner discriminated against in the terms or conditions of his or her employment because the individual filed a claim or civil action alleging a violation of this code that arose while the individual was a minor, whether the claim or civil action was filed before or after the individual reached the age of majority, is entitled to treble damages.
(d) A class “A” violation, as defined in subdivision (a) of Section 1288, that involves a minor 12 years of age or younger shall be subject to a civil penalty in an amount not less than twenty-five thousand dollars ($25,000) and not exceeding fifty thousand dollars ($50,000) for each violation.
(Amended by Stats. 2015, Ch. 303, Sec. 376. (AB 731) Effective January 1, 2016.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 4 - EMPLOYEES › CHAPTER 2 - Occupational Privileges and Restrictions › Section 1312.

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 any person acting for himself or the general public, to prosecute actions, either civil or criminal, for violations of this chapter, or to enforce the provisions thereof independently and without specific direction of the director.
(Amended by Stats. 2017, Ch. 561, Sec. 162. (AB 1516) Effective January 1, 2018.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 4 - EMPLOYEES › CHAPTER 3 - Working Hours › Section 1390.

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 fruit.
(b) “Drama” or “play” includes the production of motion picture plays.
(Amended by Stats. 2017, Ch. 561, Sec. 164. (AB 1516) Effective January 1, 2018.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 4 - EMPLOYEES › CHAPTER 3 - Working Hours › Section 1391.

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 day of 24 hours, or more than 40 hours in one week, or before 7 a.m. or after 7 p.m., except that from June 1 through Labor Day, a minor 15 years of age or younger may be employed for the hours authorized by this section until 9 p.m. in the evening.
(2) Notwithstanding paragraph (1), while school is in session, an employer shall not employ a minor 14 or 15 years of age for more than three hours in any schoolday, nor more than 18 hours in any week, nor during school hours, except that a minor enrolled in and employed pursuant to a school-supervised and school-administered work experience and career exploration program may be employed for no more than 23 hours, any portion of which may be during school hours.
(3) An employer shall not employ a minor 16 or 17 years of age for more than eight hours in one day of 24 hours or more than 48 hours in one week, or before 5 a.m., or after 10 p.m. on any day preceding a schoolday. However, a minor 16 or 17 years of age may be employed for the hours authorized by this section during any evening preceding a nonschoolday until 12:30 a.m. of the nonschoolday.
(4) Notwithstanding paragraph (3), while school is in session, an employer shall not employ a minor 16 or 17 years of age for more than four hours in any schoolday, except as follows:
(A) The minor is employed in personal attendant occupations, as defined in the Industrial Welfare Commission Minimum Wage Order No. 15 (8 Cal. Code Regs. Sec. 11150), school-approved work experience, or cooperative vocational education programs.
(B) The minor has been issued a permit to work pursuant to subdivision (c) of Section 49112 of the Education Code and is employed in accordance with the provisions of that permit.
(b) For purposes of this section, “schoolday” means any day in which a minor is required to attend school for 240 minutes or more.
(c) Any person or the agent or officer thereof, or any parent or guardian, who directly or indirectly violates or causes or suffers the violation of this section is guilty of a misdemeanor punishable by a fine of not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000), or imprisonment in the county jail for not more than 60 days, or both. Any person who willfully violates this section shall, upon conviction, be subject to a fine of not more than ten thousand dollars ($10,000) or to imprisonment in the county jail for not more than six months, or both. No person shall be imprisoned under this section, except for an offense committed after the conviction of that person for a prior offense under this chapter.
(d) This section does not apply to any minor employed to deliver newspapers to consumers.
(Amended by Stats. 2017, Ch. 561, Sec. 165. (AB 1516) Effective January 1, 2018.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 4 - EMPLOYEES › CHAPTER 3 - Working Hours › Section 1391.1.

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 Department of Education or in work experience education programs conducted by private schools may work after 10 p.m. but not later than 12:30 a.m., providing such employment is not detrimental to the health, education, or welfare of the minor and the approval of the parent and the work experience coordinator has been obtained. However, if any such minor works any time during the hours from 10 p.m. to 12:30 a.m., he or she shall be paid for work during that time at a rate which is not less than the minimum wage paid to adults.
(Amended by Stats. 1982, Ch. 231, Sec. 1.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 4 - EMPLOYEES › CHAPTER 3 - Working Hours › Section 1391.2.

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 the eighth grade of the elementary schools, or who has had an equal amount of education in a private school or by private tuition, or who has been awarded a certificate of proficiency pursuant to Section 48412 of the Education Code, may be employed for the same hours as an adult may be employed in performing the same work.
(b) Notwithstanding the provisions of the orders of the Industrial Welfare Commission, no employer shall pay any minor described in this section in his employ at wage rates less than the rates paid to adult employees in the same establishment for the same quantity and quality of the same classification of work; provided, however, that nothing herein shall prohibit a variation of rates of pay for such minors and adult employees engaged in the same classification of work based upon a difference in seniority, length of service, ability, skill, difference in duties or services performed, whether regularly or occasionally, difference in the shift or time of day worked, hours of work, or other reasonable differentiation, when exercised in good faith.
(Added by Stats. 1977, Ch. 765.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 4 - EMPLOYEES › CHAPTER 3 - Working Hours › Section 1392.

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 than eight hours in any one day, is guilty of a misdemeanor.
(Amended by Stats. 1994, Ch. 1175, Sec. 25. Effective January 1, 1995.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 4 - EMPLOYEES › CHAPTER 3 - Working Hours › Section 1393.

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 Education Code, the Labor Commissioner may issue an exemption from laws regulating the employment of minors to employers operating agricultural packing plants that employ minors 16 and 17 years of age during any day during which school is not in session, for up to 10 hours per day during the peak harvest season. These exemptions shall only be granted if they do not materially affect the safety and welfare of minor employees and will prevent undue hardship on the employer. The Labor Commissioner may require an inspection of an agricultural packing plant prior to issuing an exemption.
(b) Any exemption granted pursuant to subdivision (a) shall be in writing to be effective, and may be revoked after reasonable notice is given, in writing, by the Labor Commissioner. Any notice of revocation shall include the reason for the revocation.
(c) An application for an exemption under subdivision (a) shall be made by an employer on a form provided by the Labor Commissioner, and a copy of the application shall be posted at the employer’s place of employment at the time the application is filed with the division.
(Amended by Stats. 2017, Ch. 561, Sec. 166. (AB 1516) Effective January 1, 2018.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 4 - EMPLOYEES › CHAPTER 3 - Working Hours › Section 1394.

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, horticultural, viticultural, or domestic labor during the time the public schools are not in session, or during other than school hours, when the work performed is for or under the control of his parent or guardian and is performed upon or in connection with premises owned, operated or controlled by the parent or guardian. However, nothing herein shall permit children under schoolage to work at these occupations while the public schools are in session.
(b) The full-time employment of minors who meet all other legal employment requirements, if they are exempt from compulsory school attendance under Section 48231 of the Education Code.
(Amended by Stats. 2017, Ch. 561, Sec. 168. (AB 1516) Effective January 1, 2018.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 4 - EMPLOYEES › CHAPTER 3 - Working Hours › Section 1398.

1398. The Division of Labor Standards Enforcement shall enforce the provisions of this chapter.
(Amended by Stats. 2017, Ch. 561, Sec. 169. (AB 1516) Effective January 1, 2018.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 4 - EMPLOYEES › CHAPTER 3 - Working Hours › Section 1399.

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 any person acting for himself or the general public, to prosecute actions, either civil or criminal, for violations of this chapter, or to enforce the provisions thereof independently and without specific direction of the director.
(Amended by Stats. 2017, Ch. 561, Sec. 170. (AB 1516) Effective January 1, 2018.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 4 - EMPLOYEES › CHAPTER 4 - Relocations, Terminations, and Mass Layoffs › Section 1401.

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 gives written notice of the order to the following:
(1) The employees of the covered establishment affected by the order.
(2) The Employment Development Department, the local workforce investment board, and the chief elected official of each city and county government within which the termination, relocation, or mass layoff occurs.
(b) An employer required to give notice of any mass layoff, relocation, or termination under this chapter shall include in its notice the elements required by the federal Worker Adjustment and Retraining Notification Act (29 U.S.C. Sec. 2101 et seq.).
(c) Notwithstanding the requirements of subdivision (a), an employer is not required to provide notice if a mass layoff, relocation, or termination is necessitated by a physical calamity or act of war.
(Added by Stats. 2002, Ch. 780, Sec. 1. Effective January 1, 2003.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 4 - EMPLOYEES › CHAPTER 4 - Relocations, Terminations, and Mass Layoffs › Section 1402.

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 termination is liable to each employee entitled to notice who lost his or her employment for:
(1) Back pay at the average regular rate of compensation received by the employee during the last three years of his or her employment, or the employee’s final rate of compensation, whichever is higher.
(2) The value of the cost of any benefits to which the employee would have been entitled had his or her employment not been lost, including the cost of any medical expenses incurred by the employee that would have been covered under an employee benefit plan.
(b) Liability under this section is calculated for the period of the employer’s violation, up to a maximum of 60 days, or one-half the number of days that the employee was employed by the employer, whichever period is smaller.
(c) The amount of an employer’s liability under subdivision (a) is reduced by the following:
(1) Any wages, except vacation moneys accrued prior to the period of the employer’s violation, paid by the employer to the employee during the period of the employer’s violation.
(2) Any voluntary and unconditional payments made by the employer to the employee that were not required to satisfy any legal obligation.
(3) Any payments by the employer to a third party or trustee, such as premiums for health benefits or payments to a defined contribution pension plan, on behalf of and attributable to the employee for the period of the violation.
(Added by Stats. 2002, Ch. 780, Sec. 1. Effective January 1, 2003.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 4 - EMPLOYEES › CHAPTER 4 - Relocations, Terminations, and Mass Layoffs › Section 1402.5.

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 following conditions exist:
(1) As of the time that notice would have been required, the employer was actively seeking capital or business.
(2) The capital or business sought, if obtained, would have enabled the employer to avoid or postpone the relocation or termination.
(3) The employer reasonably and in good faith believed that giving the notice required by subdivision (a) of Section 1401 would have precluded the employer from obtaining the needed capital or business.
(b) The department may not determine that the employer was actively seeking capital or business under subdivision (a) unless the employer provides the department with both of the following:
(1) A written record consisting of all documents relevant to the determination of whether the employer was actively seeking capital or business, as specified by the department.
(2) An affidavit verifying the contents of the documents contained in the record.
(c) The affidavit provided to the department pursuant to paragraph (2) of subdivision (b) shall contain a declaration signed under penalty of perjury stating that the affidavit and the contents of the documents contained in the record submitted pursuant to paragraph (1) of subdivision (b) are true and correct.
(d) This section does not apply to notice of a mass layoff as defined by subdivision (d) of Section 1400.
(Added by Stats. 2002, Ch. 780, Sec. 1. Effective January 1, 2003.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 4 - EMPLOYEES › CHAPTER 4 - Relocations, Terminations, and Mass Layoffs › Section 1403.

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 hundred dollars ($500) for each day of the employer’s violation. The employer is not subject to a civil penalty under this section, however, if the employer pays to all applicable employees the amounts for which the employer is liable under Section 1402 within three weeks from the date the employer orders the mass layoff, relocation, or termination.
(Added by Stats. 2002, Ch. 780, Sec. 1. Effective January 1, 2003.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 4 - EMPLOYEES › CHAPTER 4 - Relocations, Terminations, and Mass Layoffs › Section 1404.

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 the person, other persons similarly situated, or both, in any court of competent jurisdiction. The court may award reasonable attorney’s fees as part of costs to any plaintiff who prevails in a civil action brought under this chapter.
(Added by Stats. 2002, Ch. 780, Sec. 1. Effective January 1, 2003.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 4 - EMPLOYEES › CHAPTER 4 - Relocations, Terminations, and Mass Layoffs › Section 1405.

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 violation of this chapter, the court may reduce the amount of any penalty imposed against the employer under this chapter.
(Added by Stats. 2002, Ch. 780, Sec. 1. Effective January 1, 2003.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 4 - EMPLOYEES › CHAPTER 4 - Relocations, Terminations, and Mass Layoffs › Section 1406.

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 the books and records of an employer.
(b) The Labor Commissioner may enforce the notice requirements in Section 1401 and subdivision (a) of Section 1410, including investigating an alleged violation and ordering appropriate temporary relief to mitigate the violation pending the completion of a full investigation or hearing, through the procedures set forth in Section 98.3 or 1197.1, including by issuance of a citation against an employer who violates this chapter. If a citation is issued, the procedures for issuing, contesting, and enforcing judgments for citations and civil penalties issued by the commissioner shall be the same as those set forth in Section 1197.1, as appropriate.
(Amended by Stats. 2022, Ch. 752, Sec. 3. (AB 1601) Effective January 1, 2023.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 4 - EMPLOYEES › CHAPTER 4 - Relocations, Terminations, and Mass Layoffs › Section 1407.

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 chapter or the federal Worker Adjustment and Retraining Notification Act (29 U.S.C. Sec. 2101 et seq.) may not be construed as wages or compensation for personal services under Article 2 (commencing with Section 926) of Chapter 4 of Part 1 of Division 1 of the Unemployment Insurance Code.
(b) Benefits payable under Chapter 5 (commencing with Section 1251) of Part 1 of Division 1 of the Unemployment Insurance Code may not be denied or reduced because of the receipt of payments related to an employer’s violation of this chapter or the federal Worker Adjustment and Retraining Notification Act (29 U.S.C. Sec. 2101 et seq.).
(Added by Stats. 2002, Ch. 780, Sec. 1. Effective January 1, 2003.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 4 - EMPLOYEES › CHAPTER 4 - Relocations, Terminations, and Mass Layoffs › Section 1408.

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 provisions or applications that can be given effect without the invalid provision or application.
(Added by Stats. 2002, Ch. 780, Sec. 1. Effective January 1, 2003.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 4.2 - Property Service Workers Protection › Section 1421.

1421. Every employer shall keep accurate records for three years, showing all of the following:
(a) The names and addresses of all employees engaged in rendering actual services for any business of the employer.
(b) The hours worked daily by each employee, including the times the employee begins and ends each work period.
(c) The wage and wage rate paid each payroll period.
(d) The age of all minor employees.
(e) Any other conditions of employment.
(f) The names, addresses, periods of work, and compensation paid to all other covered workers.
(Amended by Stats. 2019, Ch. 24, Sec. 27. (SB 83) Effective June 27, 2019.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 4.2 - Property Service Workers Protection › Section 1422.

1422. The Division of Labor Standards Enforcement shall enforce this part. The commissioner may adopt any regulations necessary to carry out this part.
(Added by Stats. 2016, Ch. 373, Sec. 1. (AB 1978) Effective January 1, 2017.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 4.2 - Property Service Workers Protection › Section 1423.

1423. Effective July 1, 2018, every employer shall register with the commissioner annually.
(Added by Stats. 2016, Ch. 373, Sec. 1. (AB 1978) Effective January 1, 2017.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 4.2 - Property Service Workers Protection › Section 1424.

1424. When a certificate of current and valid registration is originally issued or renewed under this part, the Division of Labor Standards Enforcement shall provide related and supplemental information to the registrant regarding business administration and applicable labor laws. As of July 1, 2018, employers covered by this part shall provide all covered workers a copy of the Civil Rights Department pamphlet CRD-185, entitled “Sexual Harassment,” until the sexual violence and harassment prevention training requirement is established pursuant to Section 1429.5.
(Amended by Stats. 2022, Ch. 48, Sec. 60. (SB 189) Effective June 30, 2022.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 4.2 - Property Service Workers Protection › Section 1425.

1425. Proof of current and valid registration shall be by an official Division of Labor Standards Enforcement registration form. The Division of Labor Standards Enforcement shall issue two types of registrations, one for registrants with employees and one for registrants with no employees.
(Amended by Stats. 2019, Ch. 715, Sec. 3. (AB 547) Effective January 1, 2020.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 4.2 - Property Service Workers Protection › Section 1426.

1426. At least 60 days prior to the expiration of each registrant’s registration, the Division of Labor Standards Enforcement shall send a renewal notice to the last known address of the registrant. However, omission of the Division of Labor Standards Enforcement to provide the renewal notice in accordance with this section shall not excuse a registrant from making timely application for renewal of registration, shall not be a defense in any action or proceeding involving failure to renew registration, and shall not subject the Division of Labor Standards Enforcement to any legal liability.
(Added by Stats. 2016, Ch. 373, Sec. 1. (AB 1978) Effective January 1, 2017.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 4.2 - Property Service Workers Protection › Section 1427.

1427. The Division of Labor Standards Enforcement shall collect from each employer an initial nonrefundable application fee of five hundred dollars ($500), and an annual fee of five hundred dollars ($500) on the anniversary date of initial application, and may periodically adjust the registration fee in an amount sufficient to fund all direct and indirect costs to administer and enforce this part.
(Added by Stats. 2016, Ch. 373, Sec. 1. (AB 1978) Effective January 1, 2017.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 4.2 - Property Service Workers Protection › Section 1428.

1428. An employer shall not conduct any janitorial business without complying with the registration requirements of this part. The commissioner may revoke a registration if the commissioner finds an employer to be out of compliance with any requirement of this part or to have failed to satisfy any of the conditions of Section 1429.
(Amended by Stats. 2019, Ch. 24, Sec. 28. (SB 83) Effective June 27, 2019.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 4.2 - Property Service Workers Protection › Section 1430.

1430. The Division of Labor Standards Enforcement shall not register or renew the registration of an employer in any of the following circumstances:
(a) The employer has not fully satisfied any final judgment for unpaid wages due to an employee or former employee of a business for which the employer is required to register under this chapter.
(b) The employer has failed to remit the proper amount of contributions required by the Unemployment Insurance Code or the Employment Development Department has made an assessment for those unpaid contributions against the employer that has become final and the employer has not fully paid the amount of delinquency for those unpaid contributions.
(c) The employer has failed to remit the amount of Social Security and Medicare tax contributions required by the Federal Insurance Contributions Act (FICA) to the Internal Revenue Service and the employer has not fully paid the amount or delinquency for those unpaid contributions.
(d) The employer has not fully satisfied the terms of any administrative settlement pursuant to the Civil Rights Department processes or a final judicial decree agreed upon with an employee or former employee of a business for which the employer is required to register under this part for any final judgment for a violation of Section 12940 of the Government Code.
(e) The employer has not fully satisfied any final judgment for failing to secure valid workers’ compensation coverage as required by Section 3700.
(Amended by Stats. 2022, Ch. 48, Sec. 63. (SB 189) Effective June 30, 2022.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 4.2 - Property Service Workers Protection › Section 1431.

1431. The commissioner shall maintain a public database of property service employers, on the internet website of the department, including the name, address, registration number, whether the registrant is a nonemployee registrant exempt from the requirement to secure workers’ compensation coverage under Section 3700 of the Labor Code, and effective dates of registration.
(Amended by Stats. 2019, Ch. 715, Sec. 6. (AB 547) Effective January 1, 2020.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 4.2 - Property Service Workers Protection › Section 1432.

1432. (a) An employer who fails to register pursuant to Section 1423 is subject to a civil fine of one hundred dollars ($100) for each calendar day that the employer is unregistered, not to exceed ten thousand dollars ($10,000).
(b) Any person or entity that contracts with an employer who lacks a current and valid registration, as displayed on the online registration database at the time the contract is executed, extended, renewed, or modified, under this part on the date the person or entity enters into or renews a contract or subcontract for janitorial services with the employer is subject to a civil fine of not less than two thousand dollars ($2,000) nor more than ten thousand dollars ($10,000) in the case of a first violation, and a civil fine of not less than ten thousand dollars ($10,000) nor more than twenty-five thousand dollars ($25,000) for a subsequent violation.
(c) An employer who makes a material misrepresentation in connection with an initial or renewal application is subject to a civil fine of ten thousand dollars ($10,000) per violation.
(d) Notwithstanding any other provision of law, the authority to enforce this section is vested exclusively with the commissioner. The procedures for issuing, contesting, and enforcing judgments for citations or civil penalties issued by the commissioner shall be the same as those set forth in Section 1197.1.
(Amended by Stats. 2019, Ch. 715, Sec. 7. (AB 547) Effective January 1, 2020.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 4.2 - Property Service Workers Protection › Section 1433.

1433. (a) All registration fees collected pursuant to Section 1427, all civil fines collected pursuant to Section 1432, and any other moneys as are designated by statute or order shall be deposited in the Labor Enforcement and Compliance Fund.
(b) Moneys deposited in the fund pursuant to Sections 1427 and 1432 shall be used only for the following purposes:
(1) The reasonable costs of administering the registration of janitorial contractors pursuant to this part by the Division of Labor Standards and Enforcement.
(2) The costs and obligations associated with the administration and enforcement of this part by the Division of Labor Standards and Enforcement.
(c) The annual employer registration renewal fee specified in of Section 1427, and any adjusted application renewal fee, shall be set in amounts that are sufficient to support the direct costs and a reasonable percentage attributable to the indirect costs of the division for administering this part.
(Amended by Stats. 2017, Ch. 561, Sec. 172. (AB 1516) Effective January 1, 2018.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 4.2 - Property Service Workers Protection › Section 1434.

1434. A successor employer is liable for any wages, damages, and penalties its predecessor employer owes to any of the predecessor employer’s former workforce if the successor employer meets any of the following criteria:
(a) Uses substantially the same workforce to offer substantially the same services as the predecessor employer. This factor does not apply to employers who maintain the same workforce pursuant to Chapter 4.5 (commencing with Section 1060) of Part 3.
(b) Shares in the ownership, management, control of the labor relations, or interrelations of business operations with the predecessor employer.
(c) Employs in a managerial capacity any person who directly or indirectly controlled the wages, hours, or working conditions of the affected workforce of the predecessor employer.
(d) Is an immediate family member of any owner, partner, officer, or director of the predecessor employer of any person who had a financial interest in the predecessor employer.
(Amended by Stats. 2019, Ch. 24, Sec. 32. (SB 83) Effective June 27, 2019.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 4.5 - Domestic Work Employees › CHAPTER 1 - General Provisions and Definitions › Section 1450.

1450. This part shall be known and may be cited as the Domestic Worker Bill of Rights.
(Added by Stats. 2013, Ch. 374, Sec. 1. (AB 241) Effective January 1, 2014.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 4.5 - Domestic Work Employees › CHAPTER 1 - General Provisions and Definitions › Section 1452.

1452. The Governor shall convene a committee composed of personal attendants or their representatives and the employers of personal attendants or their representatives. The committee shall study and report to the Governor on the effects this part has on personal attendants and their employers.
(Added by Stats. 2013, Ch. 374, Sec. 1. (AB 241) Effective January 1, 2014.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 4.5 - Domestic Work Employees › CHAPTER 2 - Domestic Work Employee Rights › Section 1454.

1454. A domestic work employee who is a personal attendant shall not be employed more than nine hours in any workday or more than 45 hours in any workweek unless the employee receives one and one-half times the employee’s regular rate of pay for all hours worked over nine hours in any workday and for all hours worked more than 45 hours in the workweek.
(Added by Stats. 2013, Ch. 374, Sec. 1. (AB 241) Effective January 1, 2014.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 4.5 - Domestic Work Employees › CHAPTER 2 - Domestic Work Employee Rights › Section 1455.

1455. (a) (1) The Division of Labor Standards Enforcement, upon appropriation of funds to the division for purposes of this section, shall establish and maintain an outreach and education program. The purpose of the program shall be to promote awareness of, and compliance with, labor protections that affect the domestic work industry and to promote fair and dignified labor standards in this industry and other low-wage industries.
(2) For purposes of this section:
(A) “CBO” means community-based organization.
(B) “Division” means the Division of Labor Standards Enforcement.
(b) The program duration shall continue with an opportunity to expand or renew contingent on allocation of state funds or identification of other revenue sources.
(c) The division shall issue a competitive request to CBOs to provide education and outreach services primarily focused on, but not limited to, domestic work employees and employers. CBOs shall have demonstrated experience in carrying out outreach and education directed at these populations, including knowledge of, and demonstrated familiarity with, issues facing the domestic work industry.
(d) CBOs shall be responsible for developing, and consulting with the division regarding, the core education and outreach materials regarding minimum wage, overtime, sick leave, record-keeping, retaliation, and the division wage adjudication and retaliation process, including specific issues that affect certain industries, such as the domestic work industry, differently. CBOs shall be responsible for all costs related to the development, printing, advertising, or distribution of the education and outreach materials. The materials shall be translated into non-English languages as may be appropriate, as determined by the applicable CBO in consultation with the division. At the discretion of the division, the division shall have final approval over the education and outreach materials.
(e) The division and CBOs shall meet biannually, or more frequently at the discretion of the division, to coordinate efforts around outreach, education, and enforcement, including sharing information, in accordance with applicable privacy and confidentiality laws, that will shape and inform the overall enforcement strategy of the division regarding low-wage industries, including the domestic work industry.
(f) The division shall not expend more than 5 percent of the budget allocation on the administration of the program.
(Amended by Stats. 2023, Ch. 39, Sec. 22. (AB 130) Effective July 10, 2023.)