reglab/statecodes huggingface dataset:
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 6 - LICENSING › CHAPTER 4 - Talent Agencies › ARTICLE 3 - Operation and Management › Section 1700.41.

1700.41. In cases where an artist is sent by a talent agency beyond the limits of the city in which the office of such talent agency is located upon the representation of such talent agency that employment of a particular type will there be available for the artist and the artist does not find such employment available, such talent agency shall reimburse the artist for any actual expenses incurred in going to and returning from the place where the artist has been so sent unless the artist has been otherwise so reimbursed.
(Amended by Stats. 1978, Ch. 1382.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 6 - LICENSING › CHAPTER 4 - Talent Agencies › ARTICLE 3 - Operation and Management › Section 1700.44.

1700.44. (a) In cases of controversy arising under this chapter, the parties involved shall refer the matters in dispute to the Labor Commissioner, who shall hear and determine the same, subject to an appeal within 10 days after determination, to the superior court where the same shall be heard de novo. To stay any award for money, the party aggrieved shall execute a bond approved by the superior court in a sum not exceeding twice the amount of the judgment. In all other cases the bond shall be in a sum of not less than one thousand dollars ($1,000) and approved by the superior court.
The Labor Commissioner may certify without a hearing that there is no controversy within the meaning of this section if he or she has by investigation established that there is no dispute as to the amount of the fee due. Service of the certification shall be made upon all parties concerned by registered or certified mail with return receipt requested and the certification shall become conclusive 10 days after the date of mailing if no objection has been filed with the Labor Commissioner during that period.
(b) Notwithstanding any other provision of law to the contrary, failure of any person to obtain a license from the Labor Commissioner pursuant to this chapter shall not be considered a criminal act under any law of this state.
(c) No action or proceeding shall be brought pursuant to this chapter with respect to any violation which is alleged to have occurred more than one year prior to commencement of the action or proceeding.
(d) It is not unlawful for a person or corporation which is not licensed pursuant to this chapter to act in conjunction with, and at the request of, a licensed talent agency in the negotiation of an employment contract.
(Amended by Stats. 1986, Ch. 488, Sec. 15.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 6 - LICENSING › CHAPTER 4 - Talent Agencies › ARTICLE 3 - Operation and Management › Section 1700.45.

1700.45. Notwithstanding Section 1700.44, a provision in a contract providing for the decision by arbitration of any controversy under the contract or as to its existence, validity, construction, performance, nonperformance, breach, operation, continuance, or termination, shall be valid:
(a) If the provision is contained in a contract between a talent agency and a person for whom the talent agency under the contract undertakes to endeavor to secure employment, or
(b) If the provision is inserted in the contract pursuant to any rule, regulation, or contract of a bona fide labor union regulating the relations of its members to a talent agency, and
(c) If the contract provides for reasonable notice to the Labor Commissioner of the time and place of all arbitration hearings, and
(d) If the contract provides that the Labor Commissioner or his or her authorized representative has the right to attend all arbitration hearings.
Except as otherwise provided in this section, any arbitration shall be governed by the provisions of Title 9 (commencing with Section 1280) of Part 3 of the Code of Civil Procedure.
If there is an arbitration provision in a contract, the contract need not provide that the talent agency agrees to refer any controversy between the applicant and the talent agency regarding the terms of the contract to the Labor Commissioner for adjustment, and Section 1700.44 shall not apply to controversies pertaining to the contract.
A provision in a contract providing for the decision by arbitration of any controversy arising under this chapter which does not meet the requirements of this section is not made valid by Section 1281 of the Code of Civil Procedure.
(Amended by Stats. 1986, Ch. 488, Sec. 16.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 6 - LICENSING › CHAPTER 4 - Talent Agencies › ARTICLE 3 - Operation and Management › Section 1700.47.

1700.47. It shall be unlawful for any licensee to refuse to represent any artist on account of that artist’s race, color, creed, sex, national origin, religion, or handicap.
(Repealed and added by Stats. 1986, Ch. 488, Sec. 18.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 6 - LICENSING › CHAPTER 4 - Talent Agencies › ARTICLE 4 - Education and Trainings › Section 1700.50.

1700.50. (a) A licensee shall make available via electronic transmission, hard copy brochure, or through other reasonable means educational materials regarding sexual harassment prevention, retaliation, and reporting resources to an adult artist within 90 days of agreeing to representation by the licensee or agency procurement of an engagement, meeting, or interview, whichever comes first.
(b) Sexual harassment educational materials shall include, at a minimum, the components specified in the Civil Rights Department’s Form 185. Educational materials may be provided electronically, via internet website, or other means.
(c) Educational materials for each artist shall be in the language understood by that artist. The licensee may comply with this language requirement either by making the educational materials available in that language or by having the educational materials presented for the artist in the language that they understand.
(d) The licensee shall keep a record for three years confirming that it has made available educational materials regarding sexual harassment prevention, retaliation, and reporting resources to all adult artists who have been signed for representation after the effective date of the act adding this article.
(Amended by Stats. 2022, Ch. 48, Sec. 66. (SB 189) Effective June 30, 2022.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 6 - LICENSING › CHAPTER 4 - Talent Agencies › ARTICLE 4 - Education and Trainings › Section 1700.51.

1700.51. (a) A licensee shall make available educational materials regarding nutrition and eating disorders to an adult model artist within 90 days of the date of agreeing to representation by the licensee or agency procurement of an engagement, meeting, or interview, whichever comes first.
(b) Educational materials regarding nutrition and eating disorders shall include, at a minimum, the components specified in the National Institute of Health’s Eating Disorders Internet Web site at www.nimh.nih.gov/health/topics/eating-disorders/index.shtml or a successor Internet Web site.
(c) Educational materials regarding nutrition and eating disorders for each adult model artist shall be in the language understood by that artist. The licensee may comply with this language requirement either by making the educational materials available in the artist’s native language or by having the educational materials presented for the artist in the language that he or she understands.
(d) The licensee shall keep a record for three years confirming that it has made available educational materials regarding nutrition and eating disorders to all adult model artists who have been signed for representation after the effective date of the act adding this article.
(Added by Stats. 2018, Ch. 967, Sec. 1. (AB 2338) Effective January 1, 2019.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 6 - LICENSING › CHAPTER 4 - Talent Agencies › ARTICLE 4 - Education and Trainings › Section 1700.52.

1700.52. (a) Prior to the issuance of an entertainment work permit to a minor pursuant to Section 1308.5, the parent or legal guardian of a minor between 14 to 17 years of age, inclusive, hereafter “age-eligible minor,” shall do all of the following:
(1) Ensure that the minor completes training in sexual harassment prevention, retaliation, and reporting resources using the online training course made available on the internet website of the Civil Rights Department pursuant to Section 12950.1 of the Government Code. The minor shall be accompanied by a parent or legal guardian for the training.
(2) Certify to the Labor Commissioner that the training has been completed.
(b) Training for each age-eligible minor and their parent or legal guardian shall be in the language understood by that person, whenever reasonably possible.
(c) A licensee shall request and retain a copy of the minor’s entertainment work permit prior to representing or sending a minor artist on an audition, meeting, or interview for engagement of the minor’s services.
(Amended by Stats. 2022, Ch. 48, Sec. 67. (SB 189) Effective June 30, 2022.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 6 - LICENSING › CHAPTER 4 - Talent Agencies › ARTICLE 4 - Education and Trainings › Section 1700.53.

1700.53. As part of the application for license renewal, in order to establish that the requirements of this article are met, a licensee shall confirm to the Labor Commissioner that it has and will continue to make available educational materials to adult artists in compliance with Sections 1700.50 and 1700.51.
(Added by Stats. 2018, Ch. 967, Sec. 1. (AB 2338) Effective January 1, 2019.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 6 - LICENSING › CHAPTER 4 - Talent Agencies › ARTICLE 4 - Education and Trainings › Section 1700.54.

1700.54. (a) It is a violation of this article for a licensee to do any of the following:
(1) Fail to ensure that educational materials are made available to an adult artist.
(2) Fail to make available educational materials in a language understood by the artist.
(3) Fail to request and retain a minor’s entertainment work permit.
(b) If, upon inspection or investigation, the Labor Commissioner determines that a violation of any of the provisions listed in subdivision (a) has occurred, the Labor Commissioner may assess a civil penalty recoverable by the Labor Commissioner in the amount of one hundred dollars ($100) for each violation. In enforcing this section, the Labor Commissioner shall take into consideration whether the violation was inadvertent, and in his or her discretion, may decide not to penalize the licensee when that violation was due to a clerical error or inadvertent mistake.
(Added by Stats. 2018, Ch. 967, Sec. 1. (AB 2338) Effective January 1, 2019.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 6 - LICENSING › CHAPTER 4.5 - Fee-Related Talent Services › ARTICLE 2 - Advance-Fee Talent Representation Service › Section 1702.

1702. No person shall own, operate, or act in the capacity of an advance-fee talent representation service or advertise, solicit for, or knowingly refer a person to, an advance-fee talent representation service.
(Added by Stats. 2009, Ch. 286, Sec. 3. (AB 1319) Effective January 1, 2010.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 6 - LICENSING › CHAPTER 4.5 - Fee-Related Talent Services › ARTICLE 2 - Advance-Fee Talent Representation Service › Section 1702.1.

1702.1. (a) “Advance-fee talent representation service” means a person who provides or offers to provide, or advertises or represents itself as providing, an artist, directly or by referral to another person, with one or more of the following services described below, provided that the person charges or receives a fee from or on behalf of an artist for photographs, Internet Web sites, or other reproductions or other promotional materials as an artist; lessons, coaching, seminars, workshops, or similar training for an artist; or for one or more of the following services:
(1) Procuring or attempting to procure an employment opportunity or an engagement as an artist.
(2) Procuring or attempting to procure an audition for an artist.
(3) Managing or directing the development of an artist’s career.
(4) Procuring or attempting to procure a talent agent or talent manager, including an associate, representative, or designee of a talent agent or talent manager.
(b) “Advance-fee talent representation service” also means a person who charges or receives a fee from, or on behalf of, an artist for any product or service required for the artist to obtain, from or through the person, any of the services described in paragraphs (1) to (4), inclusive, of subdivision (a).
(Added by Stats. 2009, Ch. 286, Sec. 3. (AB 1319) Effective January 1, 2010.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 6 - LICENSING › CHAPTER 4.5 - Fee-Related Talent Services › ARTICLE 2 - Advance-Fee Talent Representation Service › Section 1702.3.

1702.3. A person who violates Section 1702 is subject to the provisions of Article 4 (commencing with Section 1704).
(Added by Stats. 2009, Ch. 286, Sec. 3. (AB 1319) Effective January 1, 2010.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 6 - LICENSING › CHAPTER 4.5 - Fee-Related Talent Services › ARTICLE 2 - Advance-Fee Talent Representation Service › Section 1702.4.

1702.4. This article does not apply to the following:
(a) A public educational institution.
(b) A nonprofit corporation, organized to achieve economic adjustment and civic betterment, give vocational guidance, including employment counseling services, and assist in the placement of its members or others, if all of the following conditions exist:
(1) None of the corporation’s directors, officers, or employees receive any compensation other than a nominal salary for services performed for the corporation.
(2) The corporation does not charge a fee for its services, although it may request a voluntary contribution.
(3) The corporation uses any membership dues or fees solely for maintenance.
(c) A nonprofit corporation, formed in good faith for the promotion and advancement of the general professional interests of its members, that maintains a placement service principally engaged to secure employment for its members with the state or a county, city, district, or other public agency under contracts providing employment for one year or longer, or with a nonprofit corporation exempted by subdivision (b).
(d) A labor organization, as defined in Section 1117.
(e) A newspaper, bona fide newsletter, magazine, trade or professional journal, or other publication of general circulation, whether in print or on the Internet, that has as its main purpose the dissemination of news, reports, trade or professional information, or information not intended to assist in locating, securing, or procuring employment or assignments for others.
(f) A public institution.
(Added by Stats. 2009, Ch. 286, Sec. 3. (AB 1319) Effective January 1, 2010.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 6 - LICENSING › CHAPTER 4.5 - Fee-Related Talent Services › ARTICLE 3 - Other Talent Services › Section 1703.1.

1703.1. (a) Every person engaging in the business of a talent service shall keep and maintain records of the talent service business, including the following:
(1) The name and address of each artist contracting with the talent service.
(2) The amount of the fees paid by or for the artist during the term of the contract with the talent service.
(3) Records described in clause (iv) of subparagraph (A) of paragraph (2) of subdivision (d) of Section 1701.
(4) Records described in paragraph (1) of subdivision (b) of Section 1703.6.
(5) Records described in subdivision (j) of Section 1703.
(6) Records described in paragraph (1) of subdivision (a) of Section 1703.4.
(7) Records described in paragraph (2) of subdivision (a) of Section 1703.4.
(8) Records described in paragraph (2) of subdivision (c) of Section 1703.4.
(9) The name, address, date of birth, social security number, federal tax identification number, and driver’s license number and state of issuance thereof, of the owner of the talent service and of the corporate officers of the talent service, if it is owned by a corporation.
(10) The legal name, principal residence address, date of birth, and driver’s license number and state of issuance thereof, of every talent scout and the name each talent scout uses while soliciting artists.
(11) Any other information that the Labor Commissioner requires.
(b) All books, records, and other papers kept pursuant to this chapter by a talent service shall be open for inspection during the hours between 9 a.m. and 5 p.m., inclusive, Monday to Friday, inclusive, except legal holidays, by a peace officer or a representative from the Labor Commissioner, the Attorney General, any district attorney, or any city attorney. Every talent service shall furnish to the Labor Commissioner, a law enforcement officer, the Attorney General, any district attorney, or any city attorney, upon request, a true copy of those books, records, and papers, or any portion thereof, and shall make reports as the Labor Commissioner requires. The inspecting party shall maintain the confidentiality of any personal identifying information contained in the records maintained pursuant to this section, and shall not share, sell, or transfer the information to any third party unless it is otherwise authorized by state or federal law.
A written or verbal solicitation or advertisement for an artist to perform or demonstrate any talent for the talent service, or to appear for an interview with the talent service, shall include the following clear and conspicuous statement: “This is not an audition for employment or for obtaining a talent agent or talent management.”
(Added by Stats. 2009, Ch. 286, Sec. 3. (AB 1319) Effective January 1, 2010.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 6 - LICENSING › CHAPTER 4.5 - Fee-Related Talent Services › ARTICLE 3 - Other Talent Services › Section 1703.5.

1703.5. No talent scout shall use the same name as used by any other talent scout soliciting for the same talent service, and no talent service shall permit a talent scout to use the same name as used by any other talent scout soliciting for the talent service.
(Added by Stats. 2009, Ch. 286, Sec. 3. (AB 1319) Effective January 1, 2010.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 6 - LICENSING › CHAPTER 4.5 - Fee-Related Talent Services › ARTICLE 4 - Remedies › Section 1704.

1704. A person, including, an owner, officer, director, agent, or employee of a talent service, who willfully violates any provision of this chapter is guilty of a misdemeanor. Each violation is punishable by imprisonment in a county jail for not more than one year, by a fine not exceeding ten thousand dollars ($10,000), or by both that fine and imprisonment. However, payment of restitution to an artist shall take precedence over the payment of a fine.
(Added by Stats. 2009, Ch. 286, Sec. 3. (AB 1319) Effective January 1, 2010.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 6 - LICENSING › CHAPTER 4.5 - Fee-Related Talent Services › ARTICLE 4 - Remedies › Section 1704.1.

1704.1. The Attorney General, a district attorney, or a city attorney may institute an action for a violation of this chapter, including an action to restrain and enjoin a violation.
(Added by Stats. 2009, Ch. 286, Sec. 3. (AB 1319) Effective January 1, 2010.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 6 - LICENSING › CHAPTER 4.5 - Fee-Related Talent Services › ARTICLE 4 - Remedies › Section 1704.2.

1704.2. A person who is injured by a violation of this chapter or by the breach of a contract subject to this chapter may bring an action for recovery of damages or to restrain and enjoin a violation, or both. The court shall award to a plaintiff who prevails in an action under this chapter reasonable attorney’s fees and costs. The amount awarded for damages for a violation of this chapter shall be not less than three times the amount paid by the artist, or on behalf of the artist, to the talent service or the advance-fee talent representation service.
(Added by Stats. 2009, Ch. 286, Sec. 3. (AB 1319) Effective January 1, 2010.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 6 - LICENSING › CHAPTER 4.5 - Fee-Related Talent Services › ARTICLE 4 - Remedies › Section 1704.3.

1704.3. The Labor Commissioner shall use the proceeds of a bond or deposit posted by a person pursuant to this chapter to satisfy a judgment or restitution order resulting from the person’s violation of a provision of this chapter, if the person fails to pay all amounts required by the judgment or restitution order.
(Added by Stats. 2009, Ch. 286, Sec. 3. (AB 1319) Effective January 1, 2010.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 6 - LICENSING › CHAPTER 4.5 - Fee-Related Talent Services › ARTICLE 5 - General Provisions › Section 1705.

1705. The provisions of this chapter are not exclusive and do not relieve a person subject to this chapter from the duty to comply with all other laws.
(Added by Stats. 2009, Ch. 286, Sec. 3. (AB 1319) Effective January 1, 2010.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 6 - LICENSING › CHAPTER 4.5 - Fee-Related Talent Services › ARTICLE 5 - General Provisions › Section 1705.1.

1705.1. The remedies provided in this chapter are not exclusive and shall be in addition to any other remedies or procedures provided in any other law, including Section 17500 of the Business and Professions Code.
(Added by Stats. 2009, Ch. 286, Sec. 3. (AB 1319) Effective January 1, 2010.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 6 - LICENSING › CHAPTER 4.5 - Fee-Related Talent Services › ARTICLE 5 - General Provisions › Section 1705.2.

1705.2. A waiver by an artist of the provisions of this chapter is deemed contrary to public policy and void and unenforceable. An attempt by a person or a talent service to have an artist waive his or her rights under this chapter is a violation of this chapter.
(Added by Stats. 2009, Ch. 286, Sec. 3. (AB 1319) Effective January 1, 2010.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 6 - LICENSING › CHAPTER 4.5 - Fee-Related Talent Services › ARTICLE 5 - General Provisions › Section 1705.3.

1705.3. If any provision of this chapter or the application thereof to any person or circumstances is held unconstitutional, the remainder of the chapter and the application of that provision to other persons and circumstances shall not be affected thereby.
(Added by Stats. 2009, Ch. 286, Sec. 3. (AB 1319) Effective January 1, 2010.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 6 - LICENSING › CHAPTER 4.5 - Fee-Related Talent Services › ARTICLE 5 - General Provisions › Section 1705.4.

1705.4. Compliance with this chapter does not satisfy and is not a substitute for the requirements mandated by any other applicable law, including the obligation to obtain a license under the Talent Agencies Act (Chapter 4 (commencing with Section 1700)), prior to procuring, offering, promising, or attempting to procure employment or engagements for artists.
(Added by Stats. 2009, Ch. 286, Sec. 3. (AB 1319) Effective January 1, 2010.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 6 - LICENSING › CHAPTER 5 - Child Performer Services Permits › Section 1706.1.

1706.1. A person who willfully violates any provision of this chapter is guilty of a misdemeanor. Each violation is punishable by a fine not exceeding ten thousand dollars ($10,000), by imprisonment in a county jail for not more than one year, or by both that fine and imprisonment.
(Added by Stats. 2012, Ch. 634, Sec. 1. (AB 1660) Effective January 1, 2013.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 6 - LICENSING › CHAPTER 5 - Child Performer Services Permits › Section 1706.2.

1706.2. The Attorney General, any district attorney, or any city attorney may institute an action for a violation of this chapter, including an action to restrain and enjoin a violation.
(Added by Stats. 2012, Ch. 634, Sec. 1. (AB 1660) Effective January 1, 2013.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 6 - LICENSING › CHAPTER 5 - Child Performer Services Permits › Section 1706.3.

1706.3. A person who is injured as a result of any violation of this chapter committed by a person required to obtain a permit pursuant to paragraph (1) of subdivision (a) of Section 1706 may bring an action to recover damages or to restrain and enjoin a violation, or both. The amount of damages that may be awarded for a violation of this chapter is up to three times the damages actually incurred. A final judgment may be satisfied from the bond or deposit maintained by the Labor Commissioner, if any. A person bringing an action under this chapter who prevails shall be awarded reasonable attorney’s fees and costs. The court may award punitive damages in addition to any other amounts if it determines, by clear and convincing evidence, that the violation of this chapter was willful.
(Added by Stats. 2012, Ch. 634, Sec. 1. (AB 1660) Effective January 1, 2013.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 6 - LICENSING › CHAPTER 5 - Child Performer Services Permits › Section 1706.4.

1706.4. The provisions of this chapter are not exclusive and do not relieve any person subject to this chapter from the duty to comply with all other laws.
(Added by Stats. 2012, Ch. 634, Sec. 1. (AB 1660) Effective January 1, 2013.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 6 - LICENSING › CHAPTER 5 - Child Performer Services Permits › Section 1706.5.

1706.5. The remedies provided in this chapter are not exclusive and are in addition to any other remedies or procedures provided in any other law.
(Added by Stats. 2012, Ch. 634, Sec. 1. (AB 1660) Effective January 1, 2013.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 7 - PUBLIC WORKS AND PUBLIC AGENCIES › CHAPTER 1 - Public Works › ARTICLE 1 - Scope and Operation › Section 1720.2.

1720.2. For the limited purposes of Article 2 (commencing with Section 1770) of this chapter, “public works” also means any construction work done under private contract when all of the following conditions exist:
(a) The construction contract is between private persons.
(b) The property subject to the construction contract is privately owned, but upon completion of the construction work, more than 50 percent of the assignable square feet of the property is leased to the state or a political subdivision for its use.
(c) Either of the following conditions exist:
(1) The lease agreement between the lessor and the state or political subdivision, as lessee, was entered into prior to the construction contract.
(2) The construction work is performed according to plans, specifications, or criteria furnished by the state or political subdivision, and the lease agreement between the lessor and the state or political subdivision, as lessee, is entered into during, or upon completion of, the construction work.
(Amended by Stats. 1980, Ch. 962.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 7 - PUBLIC WORKS AND PUBLIC AGENCIES › CHAPTER 1 - Public Works › ARTICLE 1 - Scope and Operation › Section 1720.3.

1720.3. (a) For the limited purposes of Article 2 (commencing with Section 1770), with respect to contracts involving any state agency, including the California State University and the University of California, or any political subdivision of the state, “public works” also means both of the following:
(1) The hauling of refuse from a public works site to an outside disposal location.
(2) The on hauling of materials used for paving, grading, and fill onto a public works site, if the individual driver’s work is integrated into the flow process of construction.
(b) For purposes of this section, the “hauling of refuse” includes, but is not limited to, hauling soil, sand, gravel, rocks, concrete, asphalt, excavation materials, and construction debris. The “hauling of refuse” shall not include the hauling of recyclable metals such as copper, steel, and aluminum that have been separated from other materials at the jobsite prior to transportation and that are to be sold at fair market value to a bona fide purchaser.
(Amended by Stats. 2022, Ch. 764, Sec. 2. (AB 1851) Effective January 1, 2023.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 7 - PUBLIC WORKS AND PUBLIC AGENCIES › CHAPTER 1 - Public Works › ARTICLE 1 - Scope and Operation › Section 1720.4.

1720.4. This chapter shall not apply to any of the following work:
(a) Any work performed by a volunteer. For purposes of this section, “volunteer” means an individual who performs work for civic, charitable, or humanitarian reasons for a public agency or corporation qualified under Section 501(c)(3) of the Internal Revenue Code as a tax-exempt organization, without promise, expectation, or receipt of any compensation for work performed.
(1) An individual shall be considered a volunteer only when their services are offered freely and without pressure and coercion, direct or implied, from an employer.
(2) An individual may receive reasonable meals, lodging, transportation, and incidental expenses or nominal nonmonetary awards without losing volunteer status if, in the entire context of the situation, those benefits and payments are not a substitute form of compensation for work performed.
(3) An individual shall not be considered a volunteer if the person is otherwise employed for compensation at any time (A) in the construction, alteration, demolition, installation, repair, or maintenance work on the same project, or (B) by a contractor, other than a corporation qualified under Section 501(c)(3) of the Internal Revenue Code as a tax-exempt organization, that receives payment to perform construction, alteration, demolition, installation, repair, or maintenance work on the same project.
(b) Any work performed by a volunteer coordinator. For purposes of this section, “volunteer coordinator” means an individual paid by a corporation qualified under Section 501(c)(3) of the Internal Revenue Code as a tax-exempt organization, to oversee or supervise volunteers. An individual may be considered a volunteer coordinator even if the individual performs some nonsupervisory work on a project alongside the volunteers, so long as the individual’s primary responsibility on the project is to oversee or supervise the volunteers rather than to perform nonsupervisory work.
(c) Any work performed by the California Conservation Corps or by Community Conservation Corps certified by the California Conservation Corps pursuant to Section 14507.5 of the Public Resources Code.
(d) This section shall remain in effect only until January 1, 2031, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2031, deletes or extends that date.
(Amended by Stats. 2022, Ch. 210, Sec. 1. (AB 2463) Effective January 1, 2023. Repealed as of January 1, 2031, by its own provisions.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 7 - PUBLIC WORKS AND PUBLIC AGENCIES › CHAPTER 1 - Public Works › ARTICLE 1 - Scope and Operation › Section 1720.6.

1720.6. For the limited purposes of Article 2 (commencing with Section 1770) of this chapter, “public work” also means any construction, alteration, demolition, installation, or repair work done under private contract when the following conditions exist:
(a) The work is performed in connection with the construction or maintenance of renewable energy generating capacity or energy efficiency improvements.
(b) The work is performed on the property of the state or a political subdivision of the state.
(c) Either of the following conditions exists:
(1) More than 50 percent of the energy generated is purchased or will be purchased by the state or a political subdivision of the state.
(2) The energy efficiency improvements are primarily intended to reduce energy costs that would otherwise be incurred by the state or a political subdivision of the state.
(Added by Stats. 2011, Ch. 698, Sec. 1. (SB 136) Effective January 1, 2012.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 7 - PUBLIC WORKS AND PUBLIC AGENCIES › CHAPTER 1 - Public Works › ARTICLE 1 - Scope and Operation › Section 1720.7.

1720.7. For the limited purposes of Article 2 (commencing with Section 1770) of this chapter, “public works” also means any construction, alteration, demolition, installation, or repair work done under private contract on a project for a general acute care hospital, except on a project for a rural general acute care hospital with a maximum of 76 beds, when the project is paid for, in whole or in part, with the proceeds of conduit revenue bonds, as defined in Section 5870 of the Government Code, issued on or after January 1, 2016, by a public agency. For purposes of this section, “general acute care hospital” and “rural general acute care hospital” have the same meaning as each term is defined in subdivision (a) of Section 1250 of the Health and Safety Code.
(Added by Stats. 2015, Ch. 745, Sec. 1. (AB 852) Effective January 1, 2016.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 7 - PUBLIC WORKS AND PUBLIC AGENCIES › CHAPTER 1 - Public Works › ARTICLE 1 - Scope and Operation › Section 1720.8.

1720.8. For the limited purposes of Article 2 (commencing with Section 1770) of this chapter, “public works” also means any construction, alteration, demolition, installation, or repair work done under private contract on a project for a charter school, when the project is paid for, in whole or in part, with the proceeds of conduit revenue bonds, as defined in Section 5870 of the Government Code, issued on or after January 1, 2021, by a public agency. For purposes of this section, “charter school” has the same meaning as the term is defined in Section 17173 of the Education Code, but does not include a charter school with an average daily attendance not exceeding 80 pupils.
(Added by Stats. 2020, Ch. 355, Sec. 1. (AB 2765) Effective January 1, 2021.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 7 - PUBLIC WORKS AND PUBLIC AGENCIES › CHAPTER 1 - Public Works › ARTICLE 1 - Scope and Operation › Section 1720.9.

1720.9. (a) For the limited purposes of Article 2 (commencing with Section 1770), “public works” also means the hauling and delivery of ready-mixed concrete to carry out a public works contract, with respect to contracts involving any state agency, including the California State University and the University of California, or any political subdivision of the state.
(b) For purposes of this section, “ready-mixed concrete” means concrete that is manufactured in a factory or a batching plant, according to a set recipe, and then delivered in a liquefied state by mixer truck for immediate incorporation into a project.
(c) For purposes of this section, the “hauling and delivery of ready-mixed concrete to carry out a public works contract” means the job duties for a ready mixer driver that are used by the director in determining wage rates pursuant to Section 1773, and includes receiving the concrete at the factory or batching plant and the return trip to the factory or batching plant.
(d) For purposes of this section, the applicable prevailing wage rate shall be the current prevailing wage, as determined by the director, for the geographic area in which the factory or batching plant is located.
(e) The entity hauling or delivering ready-mixed concrete to carry out a public works contract shall enter into a written subcontract agreement with the party that engaged the entity to supply the ready-mixed concrete. The written agreement shall require compliance with the requirements of this chapter. The entity hauling or delivering ready-mixed concrete shall be considered a subcontractor solely for the purposes of this chapter. Nothing in this section shall cause any entity to be treated as a contractor or subcontractor for any purpose other than the application of this chapter.
(f) The entity hauling or delivering ready-mixed concrete to carry out a public works contract shall submit a certified copy of the payroll records required by subdivision (a) of Section 1776 to the party that engaged the entity and to the general contractor within five working days after the employee has been paid, accompanied by a written time record that shall be certified by each driver for the performance of job duties in subdivision (c).
(g) This section shall not apply to public works contracts that are advertised for bid or awarded prior to July 1, 2016.
(Amended by Stats. 2016, Ch. 31, Sec. 184. (SB 836) Effective June 27, 2016.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 7 - PUBLIC WORKS AND PUBLIC AGENCIES › CHAPTER 1 - Public Works › ARTICLE 1 - Scope and Operation › Section 1721.

1721. “Political subdivision” includes any county, city, district, public housing authority, or public agency of the state, and assessment or improvement districts.
(Amended by Stats. 1985, Ch. 239, Sec. 1.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 7 - PUBLIC WORKS AND PUBLIC AGENCIES › CHAPTER 1 - Public Works › ARTICLE 1 - Scope and Operation › Section 1722.

1722. “Awarding body” or “body awarding the contract” means department, board, authority, officer or agent awarding a contract for public work.
(Enacted by Stats. 1937, Ch. 90.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 7 - PUBLIC WORKS AND PUBLIC AGENCIES › CHAPTER 1 - Public Works › ARTICLE 1 - Scope and Operation › Section 1722.1.

1722.1. For the purposes of this chapter, “contractor” and “subcontractor” include a contractor, subcontractor, licensee, officer, agent, or representative thereof, acting in that capacity, when working on public works pursuant to this article and Article 2 (commencing with Section 1770).
(Amended by Stats. 1982, Ch. 454, Sec. 132.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 7 - PUBLIC WORKS AND PUBLIC AGENCIES › CHAPTER 1 - Public Works › ARTICLE 1 - Scope and Operation › Section 1723.

1723. “Worker” includes laborer, worker, or mechanic.
(Amended by Stats. 2000, Ch. 954, Sec. 2. Effective January 1, 2001. Operative July 1, 2001, by Sec. 21 of Ch. 954.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 7 - PUBLIC WORKS AND PUBLIC AGENCIES › CHAPTER 1 - Public Works › ARTICLE 1 - Scope and Operation › Section 1724.

1724. “Locality in which public work is performed” means the county in which the public work is done in cases in which the contract is awarded by the State, and means the limits of the political subdivision on whose behalf the contract is awarded in other cases.
(Enacted by Stats. 1937, Ch. 90.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 7 - PUBLIC WORKS AND PUBLIC AGENCIES › CHAPTER 1 - Public Works › ARTICLE 1 - Scope and Operation › Section 1726.

1726. (a) The body awarding the contract for public work shall take cognizance of violations of this chapter committed in the course of the execution of the contract, and shall promptly report any suspected violations to the Labor Commissioner.
(b) If the awarding body determines as a result of its own investigation that there has been a violation of this chapter and withholds contract payments, the procedures in Section 1771.6 shall be followed.
(c) A contractor may bring an action in a court of competent jurisdiction to recover from an awarding body the difference between the wages actually paid to an employee and the wages that were required to be paid to an employee under this chapter, any penalties required to be paid under this chapter, and costs and attorney’s fees related to this action, if either of the following is true:
(1) The awarding body previously affirmatively represented to the contractor in writing, in the call for bids, or otherwise, that the work to be covered by the bid or contract was not a “public work,” as defined in this chapter.
(2) The awarding body received actual written notice from the Department of Industrial Relations that the work to be covered by the bid or contract is a “public work,” as defined in this chapter, and failed to disclose that information to the contractor before the bid opening or awarding of the contract.
(Amended by Stats. 2003, Ch. 804, Sec. 1. Effective January 1, 2004.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 7 - PUBLIC WORKS AND PUBLIC AGENCIES › CHAPTER 1 - Public Works › ARTICLE 1 - Scope and Operation › Section 1727.

1727. (a) Before making payments to the contractor of money due under a contract for public work, the awarding body shall withhold and retain therefrom all amounts required to satisfy any civil wage and penalty assessment issued by the Labor Commissioner under this chapter. The amounts required to satisfy a civil wage and penalty assessment shall not be disbursed by the awarding body until receipt of a final order that is no longer subject to judicial review.
(b) If the awarding body has not retained sufficient money under the contract to satisfy a civil wage and penalty assessment based on a subcontractor’s violations, the contractor shall, upon the request of the Labor Commissioner, withhold sufficient money due the subcontractor under the contract to satisfy the assessment and transfer the money to the awarding body. These amounts shall not be disbursed by the awarding body until receipt of a final order that is no longer subject to judicial review.
(Amended by Stats. 2000, Ch. 954, Sec. 4. Effective January 1, 2001. Operative July 1, 2001, by Sec. 21 of Ch. 954.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 7 - PUBLIC WORKS AND PUBLIC AGENCIES › CHAPTER 1 - Public Works › ARTICLE 1 - Scope and Operation › Section 1728.

1728. In cases of contracts with assessment or improvement districts where full payment is made in the form of a single warrant, or other evidence of full payment, after completion and acceptance of the work, the awarding body shall accept from the contractor in cash a sum equal to, and in lieu of, any amount required to be withheld, retained, or forfeited under the provisions of this section, and said awarding body shall then release the final warrant or payment in full.
(Enacted by Stats. 1937, Ch. 90.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 7 - PUBLIC WORKS AND PUBLIC AGENCIES › CHAPTER 1 - Public Works › ARTICLE 1 - Scope and Operation › Section 1729.

1729. It shall be lawful for any contractor to withhold from any subcontractor under him sufficient sums to cover any penalties withheld from him by the awarding body on account of the subcontractor’s failure to comply with the terms of this chapter, and if payment has already been made to the subcontractor the contractor may recover from him the amount of the penalty or forfeiture in a suit at law.
(Enacted by Stats. 1937, Ch. 90.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 7 - PUBLIC WORKS AND PUBLIC AGENCIES › CHAPTER 1 - Public Works › ARTICLE 1 - Scope and Operation › Section 1730.

1730. The Director of Industrial Relations shall post a list of every California code section and the language of those sections that relate to the prevailing rate of per diem wage requirements for workers employed on a public work project on the Internet Web site of the Department of Industrial Relations on or before June 1, 2013, and shall update that list each February 1 thereafter.
(Added by Stats. 2012, Ch. 280, Sec. 1. (SB 1370) Effective January 1, 2013.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 7 - PUBLIC WORKS AND PUBLIC AGENCIES › CHAPTER 1 - Public Works › ARTICLE 1 - Scope and Operation › Section 1734.

1734. Any court collecting any fines or penalties under the criminal provisions of this chapter or any of the labor laws pertaining to public works shall as soon as practicable after the receipt thereof deposit same with the county treasurer of the county in which such court is situated. Amounts so deposited shall be paid at least once a month by warrant of the county auditor drawn upon requisition of the judge or clerk of said court, to the State Treasurer for deposit in the General Fund.
(Amended by Stats. 1953, Ch. 523.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 7 - PUBLIC WORKS AND PUBLIC AGENCIES › CHAPTER 1 - Public Works › ARTICLE 1 - Scope and Operation › Section 1735.

1735. A contractor shall not discriminate in the employment of persons upon public works on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, except as otherwise provided in Section 12940 of the Government Code. Every contractor for public works who violates this section is subject to all the penalties imposed for a violation of this chapter.
(Amended by Stats. 2004, Ch. 788, Sec. 14. Effective January 1, 2005.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 7 - PUBLIC WORKS AND PUBLIC AGENCIES › CHAPTER 1 - Public Works › ARTICLE 1 - Scope and Operation › Section 1736.

1736. During any investigation conducted under this part, the Division of Labor Standards Enforcement shall keep confidential the name of any employee who reports a violation of this chapter and any other information that may identify the employee.
(Added by Stats. 1999, Ch. 302, Sec. 1. Effective January 1, 2000.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 7 - PUBLIC WORKS AND PUBLIC AGENCIES › CHAPTER 1 - Public Works › ARTICLE 1 - Scope and Operation › Section 1740.

1740. Notwithstanding any other provision of this chapter or any other law of this State, except limitations imposed by the Constitution, the legislative body of a political subdivision which has received or is to receive a loan or grant of funds from the Federal Government or a federal department or agency for public works of that political subdivision, may provide in its call for bids in connection with such public works that all bid specifications and contracts and other procedures in connection with bids or contracts shall be subject to modification to comply with revisions in federal minimum wage schedules without the necessity of republication or duplication of other formal statutory requirements.
(Added by Stats. 1957, Ch. 1992.)