reglab/statecodes huggingface dataset:
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 2 - Industrial Welfare Commission › Section 72.

72. The members of the commission shall receive one hundred dollars ($100) for each day’s actual attendance at meetings and other official business of the commission and shall receive their actual and necessary expenses incurred in the performance of their duties.
(Amended by Stats. 1980, Ch. 1083.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 2 - Industrial Welfare Commission › Section 73.

73. The Industrial Welfare Commission may employ necessary assistants, officers, experts, and such other employees as it deems necessary. All such personnel of the commission shall be under the supervision of the chairman or an executive officer to whom the chairman delegates such responsibility. All such personnel shall be appointed pursuant to the State Civil Service Act (Part 1 (commencing with Section 18000) of Division 5 of Title 2 of the Government Code), except for the one exempt deputy or employee allowed by subdivision (e) of Section 4 of Article VII of the California Constitution.
(Repealed and added by Stats. 1980, Ch. 1083.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 2 - Industrial Welfare Commission › Section 74.

74. The Chief of the Division of Labor Standards Enforcement, for the purpose of enforcing Industrial Welfare Commission orders and provisions of this code, may issue subpoenas to compel the attendance of witnesses and production of books, papers, and records. Obedience to subpoenas issued by the chief of the division shall be enforced by the courts.
The Chief and enforcement deputies of the Division of Labor Standards Enforcement may administer oaths and examine witnesses under oath for the purpose of enforcing Industrial Welfare Commission orders and provisions of this code.
(Amended by Stats. 1976, Ch. 746.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 3 - Commission on Health and Safety and Workers Compensation › Section 75.

75. (a) There is in the department the Commission on Health and Safety and Workers’ Compensation. The commission shall be composed of eight voting members. Four voting members shall represent organized labor, and four voting members shall represent employers. Not more than one employer member shall represent public agencies. Two of the employer and two of the labor members shall be appointed by the Governor. The Senate Committee on Rules and the Speaker of the Assembly shall each appoint one employer and one labor representative. The public employer representative shall be appointed by the Governor. No action of the commission shall be valid unless agreed to by a majority of the membership and by not less than two members representing organized labor and two members representing employers.
(b) The commission shall select one of the members representing organized labor to chair the commission during the 1994 calendar year, and thereafter the commission shall alternatively select an employer and organized labor representative to chair the commission for one-year terms.
(c) The initial terms of the members of the commission shall be four years, and they shall hold office until the appointment of a successor. However, the initial terms of one employer and one labor member appointed by the Governor shall expire on December 31, 1995; the initial terms of the members appointed by the Senate Committee on Rules shall expire December 31, 1996; the initial terms of the members appointed by the Speaker of the Assembly shall expire on December 31, 1997; and the initial term of one employer and one labor member appointed by the Governor shall expire on December 31, 1998. Any vacancy shall be filled by appointment to the unexpired term.
(d) The commission shall meet every other month and upon the call of the chair. Meetings shall be open to the public. Members of the commission shall receive one hundred dollars ($100) for each day of their actual attendance at meetings of the commission and other official business of the commission and shall also receive their actual and necessary traveling expenses incurred in the performance of their duty as a member. Payment of per diem and traveling expenses shall be made from the Workers’ Compensation Administration Revolving Fund, when appropriated by the Legislature.
(Amended by Stats. 2002, Ch. 6, Sec. 19. Effective January 1, 2003.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 3 - Commission on Health and Safety and Workers Compensation › Section 76.

76. The commission may employ officers, assistants, experts, and other employees it deems necessary. All personnel of the commission shall be under the supervision of the chair or an executive officer to whom he or she delegates this responsibility. All personnel shall be appointed pursuant to the State Civil Service Act (Part 2 (commencing with Section 18500) of Division 5 of Title 2 of the Government Code), except for the one exemption allowed by subdivision (e) of Section 4 of Article VII of the California Constitution.
(Added by Stats. 1993, Ch. 227, Sec. 2. Effective January 1, 1994.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 3 - Commission on Health and Safety and Workers Compensation › Section 77.

77. (a) The commission shall conduct a continuing examination of the workers’ compensation system, as defined in Section 4 of Article XIV of the California Constitution, and of the state’s activities to prevent industrial injuries and occupational diseases. The commission may conduct or contract for studies it deems necessary to carry out its responsibilities. In carrying out its duties, the commission shall examine other states’ workers’ compensation programs and activities to prevent industrial injuries and occupational diseases. All state departments and agencies, and any rating organization licensed by the Insurance Commissioner pursuant to Article 3 (commencing with Section 11750) of Chapter 3 of Part 3 of Division 2 of the Insurance Code, shall cooperate with the commission and upon reasonable request provide information and data in their possession that the commission deems necessary for the purpose of carrying out its responsibilities. The commission shall issue an annual report on the state of the workers’ compensation system, including recommendations for administrative or legislative modifications which would improve the operation of the system. The report shall be made available to the Governor, the Legislature, and the public on request.
(b) On or before July 1, 2003, and periodically thereafter as it deems necessary, the commission shall issue a report and recommendations on the improvement and simplification of the notices required to be provided by insurers and self-insured employers.
(c) The commission succeeds to, and is vested with, all of the powers, duties, purposes, responsibilities, and jurisdiction of the Health and Safety Commission which is hereby abolished, including the administration of grants to assist in establishing effective occupational injury and illness prevention programs.
(Amended by Stats. 2002, Ch. 6, Sec. 20. Effective January 1, 2003.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 3 - Commission on Health and Safety and Workers Compensation › Section 77.5.

77.5. (a) On or before July 1, 2004, the commission shall conduct a survey and evaluation of evidence-based, peer-reviewed, nationally recognized standards of care, including existing medical treatment utilization standards, including independent medical review, as used in other states, at the national level, and in other medical benefit systems. The survey shall be updated periodically.
(b) On or before October 1, 2004, the commission shall issue a report of its findings and recommendations to the administrative director for purposes of the adoption of a medical treatment utilization schedule.
(Added by Stats. 2003, Ch. 639, Sec. 3. Effective January 1, 2004.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 3 - Commission on Health and Safety and Workers Compensation › Section 77.8.

77.8. The Commission on Health and Safety and Workers’ Compensation shall conduct a study of the impacts claims of COVID-19 have had on the workers’ compensation system, including overall impacts on indemnity benefits, medical benefits, and death benefits, including differences in the impacts across differing occupational groups, and including the effect of Sections 3212.87 and 3212.88. A preliminary report or a final report shall be delivered to the Legislature, pursuant to Section 9795 of the Government Code, and the Governor by December 31, 2021, and the final report shall be delivered to the Legislature, pursuant to Section 9795 of the Government Code, and the Governor no later than April 30, 2022.
(Added by Stats. 2020, Ch. 85, Sec. 1. (SB 1159) Effective September 17, 2020.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 3 - Commission on Health and Safety and Workers Compensation › Section 78.

78. (a) The commission shall review and approve applications from employers and employee organizations, as well as applications submitted jointly by an employer organization and an employee organization, for grants to assist in establishing effective occupational injury and illness prevention programs. The commission shall establish policies for the evaluation of these applications and shall give priority to applications proposing to target high-risk industries and occupations, including those with high injury or illness rates, and those in which employees are exposed to one or more hazardous substances or conditions or where there is a demonstrated need for research to determine effective strategies for the prevention of occupational illnesses or injuries.
(b) Civil and administrative penalties assessed and collected pursuant to Sections 129.5 and 4628 shall be deposited in the Workers’ Compensation Administration Revolving Fund. Moneys in the fund, when appropriated by the Legislature to fund the grants under subdivision (a) and other activities and expenses of the commission set forth in this code, shall be expended by the department, upon approval by the commission.
(Amended by Stats. 2002, Ch. 866, Sec. 1. Effective January 1, 2003.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 4 - Division of Labor Standards Enforcement › Section 79.

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 direction of an executive officer known as the Chief, Division of Labor Standards Enforcement, who shall be appointed by the Governor, subject to confirmation of the Senate, and shall hold office at the pleasure of the Director of Industrial Relations. The annual salary of the chief shall be determined by the Department of Finance.
(Repealed and added by Stats. 1976, Ch. 746.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 4 - Division of Labor Standards Enforcement › Section 81.

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 division shall maintain offices in San Francisco, Los Angeles, Sacramento, San Diego, Oakland, Fresno, San Jose, and in such other places as the Labor Commissioner may deem necessary.
(Added by Stats. 1976, Ch. 746.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 4 - Division of Labor Standards Enforcement › Section 82.

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 Division of Labor Law Enforcement, which is hereby abolished.
(b) All powers, duties, purposes, and responsibilities of the Labor Commissioner, who is Chief of the Division of Labor Law Enforcement, are hereby transferred to the Labor Commissioner who is the Chief of the Division of Labor Standards Enforcement.
(c) Any regulation or other action made, prescribed, issued, granted, or performed by the abolished Division of Labor Law Enforcement in the administration, performance, or implementation of a function transferred pursuant to subdivision (a) of this section shall remain in effect and shall be deemed to be a regulation or action of the Division of Labor Standards Enforcement unless and until repealed, modified, or rescinded by such division.
(d) Whenever any reference is made in any law to the abolished Division of Labor Law Enforcement, it shall be deemed to be a reference to, and to mean, the Division of Labor Standards Enforcement.
(Added by Stats. 1976, Ch. 746.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 4 - Division of Labor Standards Enforcement › Section 83.

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 Division of Industrial Welfare, which is hereby abolished.
(b) All powers, duties, purposes, and responsibilities of the Chief, Division of Industrial Welfare are hereby transferred to the Chief of the Division of Labor Standards Enforcement.
(c) Any regulation or other action made, prescribed, issued, granted, or performed by the abolished Division of Industrial Welfare in the administration, performance, or implementation of a function transferred pursuant to subdivision (a) of this section shall remain in effect and shall be deemed to be a regulation or action of the Division of Labor Standards Enforcement unless and until repealed, modified, or rescinded by such division.
(d) Whenever any reference is made in any law to the abolished Division of Industrial Welfare it shall be deemed to be a reference to, and to mean, the Division of Labor Standards Enforcement.
(Added by Stats. 1976, Ch. 746.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 4 - Division of Labor Standards Enforcement › Section 87.

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 chapter, or engaged in the administration of a law, the administration of which is transferred pursuant to this chapter, shall, in accordance with Section 19050.9 of the Government Code, remain in the state civil service and are hereby transferred to the Division of Labor Standards Enforcement. The status, positions, and rights of those persons shall not be affected by their transfer and shall continue to be retained by them pursuant to the State Civil Service Act (Part 2 (commencing with Section 18500) of Division 5 of Title 5 of the Government Code), except as to positions the duties of which are vested in a position that is exempt from civil service.
(Amended by Stats. 2009, Ch. 140, Sec. 135. (AB 1164) Effective January 1, 2010.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 4 - Division of Labor Standards Enforcement › Section 89.

89. The Division of Labor Standards Enforcement shall have possession and control of all records, books, papers, offices, equipment, supplies, moneys, funds, appropriations, land, and other property, real or personal, held for the benefit or use of the Division of Labor Law Enforcement and the Division of Industrial Welfare with respect to the functions transferred pursuant to this chapter.
(Repealed and added by Stats. 1976, Ch. 746.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 4 - Division of Labor Standards Enforcement › Section 89.5.

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 the administration of the statutes the administration of which is committed to it pursuant to this chapter, or for the use, support, or maintenance of any board, bureau, commission, department, office, or officer whose duties, powers, and functions have been transferred to, and conferred upon, the Division of Labor Standards Enforcement pursuant to this chapter. Such expenditures by the Division of Labor Standards Enforcement shall be made in accordance with law in carrying out the purposes for which the appropriations were made or the special funds created.
(Added by Stats. 1976, Ch. 746.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 4 - Division of Labor Standards Enforcement › Section 90.

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 to the Labor Commissioner or his deputy or agent or who, upon request, willfully neglects or refuses to furnish them any statistics or information, pertaining to their lawful duties, which are in his possession or under his control, is guilty of a misdemeanor, punishable by a fine of not more than one thousand dollars ($1,000).
(Amended by Stats. 1983, Ch. 1092, Sec. 188. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 4 - Division of Labor Standards Enforcement › Section 90.5.

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 substandard unlawful conditions or for employers that have not secured the payment of compensation, and to protect employers who comply with the law from those who attempt to gain a competitive advantage at the expense of their workers by failing to comply with minimum labor standards.
(b) In order to ensure that minimum labor standards are adequately enforced, the Labor Commissioner shall establish and maintain a field enforcement unit, which shall be administratively and physically separate from offices of the division that accept and determine individual employee complaints. The unit shall have offices in Los Angeles, San Francisco, San Jose, San Diego, Sacramento, and any other locations that the Labor Commissioner deems appropriate. The unit shall have primary responsibility for administering and enforcing those statutes and regulations most effectively enforced through field investigations, including Sections 226, 1021, 1021.5, 1193.5, 1193.6, 1194.5, 1197, 1198, 1771, 1776, 1777.5, 2651, 2673, 2675, and 3700, in accordance with the plan adopted by the Labor Commissioner pursuant to subdivision (c). Nothing in this section shall be construed to limit the authority of this unit in enforcing any statute or regulation in the course of its investigations.
(c) The Labor Commissioner shall adopt an enforcement plan for the field enforcement unit. The plan shall identify priorities for investigations to be undertaken by the unit that ensure the available resources will be concentrated in industries, occupations, and areas in which employees are relatively low paid and unskilled, and those in which there has been a history of violations of the statutes cited in subdivision (b), and those with high rates of noncompliance with Section 3700.
(d) The Labor Commissioner shall annually report to the Legislature, not later than March 1, concerning the effectiveness of the field enforcement unit. The report shall include, but not be limited to, all of the following:
(1) The enforcement plan adopted by the Labor Commissioner pursuant to subdivision (c), and the rationale for the priorities identified in the plan.
(2) The number of establishments investigated by the unit, and the number of types of violations found.
(3) The amount of wages found to be unlawfully withheld from workers, and the amount of unpaid wages recovered for workers.
(4) The amount of penalties and unpaid wages transferred to the General Fund as a result of the efforts of the unit.
(Amended by Stats. 2002, Ch. 6, Sec. 23. Effective January 1, 2003.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 4 - Division of Labor Standards Enforcement › Section 90.6.

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 entity that may be liable under a provision of this code, that an investigation has commenced shall be deemed the date an action has commenced for purposes of any statute of limitations applicable to determining the period of time for which wages, penalties, damages, or other amounts may be assessed by the Labor Commissioner, which will then be tolled for a period of 12 months. After expiration of the 12-month period, the time under the applicable statute of limitations will resume running. The notice provided by the Labor Commissioner pursuant to this section shall identify the employer or other person or entity subject to investigation, the time period covered by the investigation, and a reference to this section that shall constitute notice of the potential claims under the identified investigation.
(b) Subdivision (a) shall apply to the following:
(1) Sections 558 and 1197.1.
(2) Unpaid minimum and overtime wages under Sections 510, 1194, and 1197.
(3) Any applicable wage order of the Industrial Welfare Commission.
(4) Any applicable local minimum wage or overtime law.
(5) Wages exceeding minimum wages subject to determination under Section 1195.5.
(6) Penalty wages for late payment under Section 203.
(7) Liquidated damages under Section 1194.2.
(8) Itemized wage statements under Section 226.
(9) Compensation for rest and recovery periods and nonproductive time for piece rate employees under Section 226.2.
(10) Meal, rest, and recovery periods under Section 226.7.
(11) Claims under Section 2810.3.
(12) Expense reimbursements under Section 2802.
(Added by Stats. 2017, Ch. 28, Sec. 8. (SB 96) Effective June 27, 2017.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 4 - Division of Labor Standards Enforcement › Section 90.7.

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 to report all the payroll of the employer’s employees as required by law, the division shall advise the Insurance Commissioner and request that an audit be ordered pursuant to Section 11736.5 of the Insurance Code.
(Added by Stats. 1987, Ch. 1386, Sec. 2.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 4 - Division of Labor Standards Enforcement › Section 90.8.

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 any citation, findings, or decision that has become final and may be entered as a judgment, including those that have become final under Sections 1197.1, 226.5, 1023, and 1289. The lien on real property may be created by the Labor Commissioner recording a certificate of lien, for amounts due from the cited parties named in the final citation, findings, or decision, with the county recorder of any county in which the parties’ real property may be located. The lien attaches to all interests in real property of those parties located in the county where the lien is created to which a judgment lien may attach pursuant to Section 697.340 of the Code of Civil Procedure, with the same priority as a judgment lien.
(b) The certificate of lien shall include information as prescribed by Section 27288.1 of the Government Code.
(c) The recorder shall accept and record the certificate of lien and shall index it as prescribed by law.
(d) Upon payment of the amount due under the final citation, findings or decision, including any interest and costs that have lawfully accrued on the original amount, the Labor Commissioner shall issue a certificate of release, releasing the lien created under subdivision (a) of this section. The certificate of release may be recorded by any person at that person’s expense.
(e) Unless the lien is satisfied or released, a lien under this section shall continue until 10 years from the date of its creation. The lien may be renewed for additional periods of 10 years by recording a renewal of certificate of lien or a copy of a renewed judgment at any time prior to its expiration.
(f) The provisions of Section 697.410 of the Code of Civil Procedure shall apply to a lien created under this section as if the lien had been created by a recorded abstract of a money judgment or certified copy of a money judgment.
(Added by Stats. 2021, Ch. 335, Sec. 1. (SB 572) Effective January 1, 2022.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 4 - Division of Labor Standards Enforcement › Section 91.

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, punishable by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000), or imprisonment for not less than seven nor more than 30 days in the county jail, or both.
(Amended by Stats. 1983, Ch. 1092, Sec. 189. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 4 - Division of Labor Standards Enforcement › Section 92.

92. The Labor Commissioner, his deputies and agents, may issue subpenas to compel the attendance of witnesses and parties and the production of books, papers and records; administer oaths; examine witnesses under oath; take the verification, acknowledgment, or proof of written instruments; and take depositions and affidavits for the purpose of carrying out the provisions of this code and all laws which the division is to enforce.
(Amended by Stats. 1951, Ch. 960.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 4 - Division of Labor Standards Enforcement › Section 93.

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 such a subpoena if it calls for an appearance at a distance from the place of service of 100 miles, or less.
(Amended by Stats. 1976, Ch. 1190.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 4 - Division of Labor Standards Enforcement › Section 94.

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 shall give to all persons requesting it all needed information which they may possess.
(Enacted by Stats. 1937, Ch. 90.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 4 - Division of Labor Standards Enforcement › Section 95.

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 officer, board or commission. Except as provided in subdivision (d), in the enforcement of such provisions and laws, the director, deputy director, and such officers and employees as the director may designate, shall only have the authority, as public officers, to arrest without a warrant, any person who, in his presence, has violated or as to whom there is probable cause to believe has violated any of such provisions and laws.
In any case in which an arrest authorized by this subdivision is made for an offense declared to be a misdemeanor, and the person arrested does not demand to be taken before a magistrate, the arresting officer may, instead of taking such person before a magistrate, follow the procedure prescribed by Chapter 5C (commencing with Section 853.6) of Title 3 of Part 2 of the Penal Code. The provisions of such chapter shall thereafter apply with reference to any proceeding based upon the issuance of a citation pursuant to this authority.
(b) There shall be no civil liability on the part of and no cause of action shall arise against any person, acting pursuant to this section and within the scope of his authority, for false arrest or false imprisonment arising out of any arrest which is lawful or which the arresting officer, at the time of such arrest, had reasonable cause to believe was lawful. No such officer shall be deemed an aggressor or lose his right to self-defense by the use of reasonable force to effect the arrest or to prevent escape or to overcome resistance.
(c) The director, deputy director, and such officers and employees as the director may designate, may serve all processes and notices throughout the state.
(d) With respect to the enforcement of the provisions of this code and other labor laws as provided in subdivision (a), all officers and employees designated by the Labor Commissioner as investigators, shall have the authority of peace officers to make arrests, and may serve processes and notices as provided in subdivision (c).
(Amended by Stats. 1971, Ch. 701.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 4 - Division of Labor Standards Enforcement › Section 96.

96. The Labor Commissioner and his or her deputies and representatives authorized by him or her in writing shall, upon the filing of a claim therefor by an employee, or an employee representative authorized in writing by an employee, with the Labor Commissioner, take assignments of:
(a) Wage claims and incidental expense accounts and advances.
(b) Mechanics’ and other liens of employees.
(c) Claims based on “stop orders” for wages and on bonds for labor.
(d) Claims for damages for misrepresentations of conditions of employment.
(e) Claims for unreturned bond money of employees.
(f) Claims for penalties for nonpayment of wages.
(g) Claims for the return of workers’ tools in the illegal possession of another person.
(h) Claims for vacation pay, severance pay, or other compensation supplemental to a wage agreement.
(i) Awards for workers’ compensation benefits in which the Workers’ Compensation Appeals Board has found that the employer has failed to secure payment of compensation and where the award remains unpaid more than 10 days after having become final.
(j) Claims for loss of wages as the result of discharge from employment for the garnishment of wages.
(k) Claims for loss of wages as the result of demotion, suspension, or discharge from employment for lawful conduct occurring during nonworking hours away from the employer’s premises.
(Amended by Stats. 1999, Ch. 692, Sec. 2. Effective January 1, 2000.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 4 - Division of Labor Standards Enforcement › Section 96.1.

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 relevant policy committees of the Legislature that includes the following information pertaining to the prior calendar year:
(1) The number of wage claims submitted.
(2) The number and type of alleged labor law violations in those claims.
(3) The average estimated prehearing amounts of unpaid wages, penalties, and other demands for compensation, including, but not limited to, liquidated damages.
(4) The total of unpaid wages, penalties, and other compensation, including, but not limited to, liquidated damages, agreed to in settlements enforceable by the Labor Commissioner.
(5) The total of unpaid wages, penalties, and other compensation, including, but not limited to, liquidated damages, payable to aggrieved employees under orders, decisions, and awards issued during the reporting year pursuant to Section 98.
(6) The total amount of wages, penalties, and other compensation, including, but not limited to, liquidated damages, arising from orders, decisions, and awards issued during the reporting year that remain unpaid.
(b) The information provided in subdivision (a) shall also be broken down by industry sectors.
(c) The division shall also include in each annual report a discussion of the major challenges to adjudicating wage claims, ongoing efforts to address those challenges, and options to improve the state’s wage claim process.
(d) A report to be submitted pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code.
(e) This section shall remain in effect only until January 1, 2031, and as of that date is repealed.
(Added by Stats. 2020, Ch. 14, Sec. 6. (AB 82) Effective June 29, 2020. Repealed as of January 1, 2031, by its own provisions.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 4 - Division of Labor Standards Enforcement › Section 96.3.

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 assignee of all such covered employees for purposes of filing claims for wages with the Labor Commissioner, subject to the option of the employee to reject such representation and to represent himself or herself.
(Added by Stats. 1976, Ch. 1029.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 4 - Division of Labor Standards Enforcement › Section 96.5.

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 to recover upon a cash deposit after a determination made under Section 7071.11, the Labor Commissioner shall certify in writing to the appropriate court that he has heard and determined the validity of claims and demands and that the sum specified therein is the amount found due and payable. The certificate of the commissioner shall be considered by the court but shall not, by itself, be sufficient evidence to support a judgment.
(Added by Stats. 1974, Ch. 201.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 4 - Division of Labor Standards Enforcement › Section 96.6.

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 subdivision (c) of Section 96.7.
(Added by Stats. 1975, Ch. 714.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 4 - Division of Labor Standards Enforcement › Section 96.7.

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, may collect such wages or benefits on behalf of the worker without assignment of such wages or benefits to the commissioner.
(a) The Labor Commissioner shall act as trustee of all such collected unpaid wages or benefits, and shall deposit such collected moneys in the Industrial Relations Unpaid Wage Fund.
(b) The Labor Commissioner shall make a diligent search to locate any worker for whom the Labor Commissioner has collected unpaid wages or benefits.
(c) All wages or benefits collected under this section shall be remitted to the worker, his lawful representative, or to any trust or custodial fund established under a plan to provide health and welfare, pension, vacation, retirement, or similar benefits from the Industrial Relations Unpaid Wage Fund.
(d) Any unpaid wages or benefits collected by the Labor Commissioner pursuant to this section shall be retained in the Industrial Relations Unpaid Wage Fund until remitted pursuant to subdivision (c), or until deposited in the General Fund.
(e) The Controller shall, at the end of each fiscal year, transfer to the General Fund the unencumbered balance, less six months of expenditures as determined by the Director of Finance, in the Industrial Relations Unpaid Wage Fund.
(f) All wages or benefits collected under this section which cannot be remitted from the Industrial Relations Unpaid Wage Fund pursuant to subdivision (c) because money has been transmitted to the General Fund shall be paid out of the General Fund from funds appropriated for that purpose.
(Amended by Stats. 2005, Ch. 74, Sec. 54. Effective July 19, 2005.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 4 - Division of Labor Standards Enforcement › Section 97.

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 of a lien for record before it is assigned, or prohibiting the assignment of a claim for penalty before the claim has been incurred or any other technical rule with reference to the validity of assignments.
(Amended by Stats. 1939, Ch. 1114.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 4 - Division of Labor Standards Enforcement › Section 98.1.

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 order, decision, or award shall include a summary of the hearing and the reasons for the decision. Upon filing of the order, decision, or award, the Labor Commissioner shall serve a copy of the decision personally, by first-class mail, or in the manner specified in Section 415.20 of the Code of Civil Procedure on the parties. The notice shall also advise the parties of their right to appeal the decision or award and further advise the parties that failure to do so within the period prescribed by this chapter shall result in the decision or award becoming final and enforceable as a judgment by the superior court.
(b) For the purpose of this section, an award shall include any sums found owing, damages proved, and any penalties awarded pursuant to this code.
(c) All awards granted pursuant to a hearing under this chapter shall accrue interest on all due and unpaid wages at the same rate as prescribed by subdivision (b) of Section 3289 of the Civil Code. The interest shall accrue until the wages are paid from the date that the wages were due and payable as provided in Part 1 (commencing with Section 200) of Division 2.
(Amended by Stats. 2005, Ch. 405, Sec. 2. Effective January 1, 2006.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 4 - Division of Labor Standards Enforcement › Section 98.3.

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 Commissioner are financially unable to employ counsel and the Labor Commissioner believes have claims which are valid and enforceable.
The Labor Commissioner may also prosecute actions for the return of worker’s tools which are in the illegal possession of another person.
(b) The Labor Commissioner may prosecute action for the collection of wages and other moneys payable to employees or to the state arising out of an employment relationship or order of the Industrial Welfare Commission.
(c) The Labor Commissioner may also prosecute actions for wages or other monetary benefits that are due the Industrial Relations Unpaid Wage Fund.
(Added by Stats. 1976, Ch. 1190.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 4 - Division of Labor Standards Enforcement › Section 98.4.

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 provided for in Section 98.2, notwithstanding whether such proceedings are held in a judicial or arbitral forum. In the event that such claimant is attempting to uphold the amount awarded by the Labor Commissioner and is not objecting to any part of the Labor Commissioner’s final order, the Labor Commissioner shall represent the claimant.
(b) A wage claimant unable to have their claim adjudicated and decided by the Labor Commissioner under Sections 98 and 98.1 as the result of entry of a court order compelling arbitration may request that the Labor Commissioner represent the claimant in the arbitral proceeding. The Labor Commissioner shall represent the claimant in the arbitral proceeding if the claimant is financially unable to afford counsel, and if the Labor Commissioner determines, upon conclusion of an informal investigation, that the claim has merit.
(c) A petition to compel arbitration of a claim that is pending under Section 98, 98.1 or 98.2 shall be served on the Labor Commissioner. Upon request of a claimant, the Labor Commissioner shall have the right to represent the claimant in proceedings to determine the enforceability of the arbitration agreement, notwithstanding whether the adjudication of the enforceability of the arbitration agreement is conducted in a judicial or arbitral forum.
(Amended by Stats. 2020, Ch. 239, Sec. 1. (SB 1384) Effective January 1, 2021.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 4 - Division of Labor Standards Enforcement › Section 98.5.

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 statutes or administrative regulations are present.
(Repealed and added by Stats. 1976, Ch. 1190.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 4 - Division of Labor Standards Enforcement › Section 98.75.

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 information with respect to discrimination complaints for the previous calendar year:
(a) The number of complaints filed pursuant to Section 98.7 or 1197.5, grouped according to the section of the Labor Code allegedly violated.
(b) The number of determinations issued, the number of investigative hearings held, the number of complaints dismissed, and the number of complaints found to be valid, grouped by the year in which the complaints were filed.
(c) The number of cases in which the respondent complied with the Labor Commissioner’s order to remedy unlawful discrimination, the number of these orders with which respondents failed to comply, the number of court actions brought by the Labor Commissioner to remedy unlawful discrimination, and the results of those court actions. If the Labor Commissioner did not bring an action in court within 10 days against a respondent who failed to comply with his or her order, the report shall specify the reasons for not bringing action in court.
(Added by Stats. 1985, Ch. 1479, Sec. 3.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 4 - Division of Labor Standards Enforcement › Section 98.9.

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 Labor Commissioner, has been committed by a person licensed as a contractor pursuant to Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code, in the course of such licensed activity, the Labor Commissioner shall immediately, upon expiration of the period for review specified in Section 98.2, or other applicable section, deliver a certified copy of the finding of the violation to the registrar of the Contractors’ State License Board.
(Added by Stats. 1978, Ch. 1247.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 4 - Division of Labor Standards Enforcement › Section 98.10.

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 establishments licensed under Chapter 10 (commencing with Section 7301) of Division 3 of the Business and Professions Code. The model posting notice shall be developed using plain language, and in all languages listed in subdivision (c), and be accessible on the Labor Commissioner’s Internet Web site so that it is reasonably accessible to an establishment that must comply with Section 7353.4 of the Business and Professions Code.
(b) The model notice shall include information, including, but not limited to, all of the following:
(1) Misclassification of an employee as an independent contractor.
(2) Wage and hour laws, including, but not limited to, minimum wage, overtime compensation, meal periods, and rest periods.
(3) Tip or gratuity distribution.
(4) How to report violations of the law.
(5) Business expense reimbursement.
(6) Protection from retaliation.
(c) The model notice shall include full text translations in Spanish, Vietnamese, and Korean.
(Added by Stats. 2016, Ch. 357, Sec. 2. (AB 2437) Effective January 1, 2017.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 4 - Division of Labor Standards Enforcement › Section 99.

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 in the names of the employees, whenever the facts have been investigated and found to support the claims. A statement that such facts have been found shall be alleged in the preferred claim or lien if it is filed in the name of the Labor Commissioner, his deputy or representative.
(Enacted by Stats. 1937, Ch. 90.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 4 - Division of Labor Standards Enforcement › Section 100.

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, in case of suit, in one cause of action in cases where no valid reason exists for making separate causes of action for each individual employee.
(Enacted by Stats. 1937, Ch. 90.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 4 - Division of Labor Standards Enforcement › Section 100.5.

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, and Part 9 (commencing with Section 11400) of Division 7 of the Probate Code.
(Amended by Stats. 1988, Ch. 1199, Sec. 22.5. Operative July 1, 1989, by Sec. 119 of Ch. 1199.)
2023 California Code › Labor Code - LAB › DIVISION 1 - DEPARTMENT OF INDUSTRIAL RELATIONS › CHAPTER 4 - Division of Labor Standards Enforcement › Section 101.

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 Labor Commissioner or a deputy or representative of the Labor Commissioner shall serve the summons in the action upon any person within the jurisdiction of the sheriff or marshal or levy under a writ of attachment or execution in the action upon the property of any defendant without cost to the division except for keeper’s fees, service fees, and storage charges.
(Amended by Stats. 1996, Ch. 872, Sec. 103. Effective January 1, 1997.)