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.
Chapter 4Division of Labor Standards Enforcement
Section § 79
This law establishes the Division of Labor Standards Enforcement within the Department of Industrial Relations. It outlines that the division is led by a Chief, who is appointed by the Governor and confirmed by the Senate. The Director of Industrial Relations decides how long the Chief stays in office. Additionally, the Chief's salary is set by the Department of Finance.
Division of Labor Standards Enforcement Department of Industrial Relations Chief of Division Governor appointment Senate confirmation office tenure Director of Industrial Relations Department of Finance executive officer salary determination
Section § 80
This law states that the main office for the Division of Labor Standards Enforcement is located in San Francisco.
The headquarters of the Division of Labor Standards Enforcement, hereafter in this chapter referred to as the division, shall be located in San Francisco.
Division of Labor Standards Enforcement main office location San Francisco headquarters labor standards California division office labor enforcement location San Francisco division California labor department workplace laws labor office location enforcement headquarters California labor office
Section § 81
This section specifies that employees working for the division must dedicate all their time to division tasks and are entitled to have their travel expenses reimbursed. The division is required to have offices in several major cities across California, including San Francisco, Los Angeles, and Sacramento, among others. Additional offices can be set up as needed by the Labor Commissioner.
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.
division employees full-time work travel expenses reimbursement San Francisco office Los Angeles office Sacramento office San Diego office Oakland office Fresno office San Jose office Labor Commissioner division offices employee duties necessary expenses California cities
Section § 82
This law section essentially clarifies that the Division of Labor Standards Enforcement now takes over all duties and powers that belonged to the abolished Division of Labor Law Enforcement. The Labor Commissioner remains in charge but under the new division name. Any existing regulations or actions done by the old division still stand but now belong to the new division until they are changed or repealed. References to the old division in any laws should now point to the Division of Labor Standards Enforcement.
(a)CA Labor Code § 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)CA Labor Code § 82(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)CA Labor Code § 82(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)CA Labor Code § 82(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.
Division of Labor Standards Enforcement Division of Labor Law Enforcement Labor Commissioner transfer of responsibilities abolished division existing regulations administrative actions jurisdiction transfer law references labor law enforcement implementation of functions regulation continuity chief of division division name change California labor law
Section § 83
This law section explains that the Division of Labor Standards Enforcement has taken over all responsibilities, powers, and authority from the now-abolished Division of Industrial Welfare. The Chief of the former division's roles also shift to the Chief of the Division of Labor Standards Enforcement.
Any regulations or actions previously established by the Division of Industrial Welfare will continue to be valid under the Division of Labor Standards Enforcement unless changed by the latter. Lastly, any legal references to the Division of Industrial Welfare will now point to the Division of Labor Standards Enforcement.
(a)CA Labor Code § 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)CA Labor Code § 83(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)CA Labor Code § 83(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)CA Labor Code § 83(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.
Division of Labor Standards Enforcement Division of Industrial Welfare powers transfer duties transfer chief responsibilities regulation continuity jurisdiction succession agency merger abolished division legal reference change regulatory transfer administrative change employment regulation
Section § 87
This law section states that when a function or the administration of a law is transferred in state civil service, all state workers involved, except temporary employees, will move to the Division of Labor Standards Enforcement. They will keep their current status and rights under the State Civil Service Act, unless their job is exempt from civil service protections.
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.
state civil service function transfer Division of Labor Standards Enforcement permanent employees job transfer civil service rights temporary employees State Civil Service Act employee status job protection government position exemption civil service exemptions
Section § 88
This law states that when employees are transferred according to Section 87, their personnel records must stay with the Department of Industrial Relations.
The personnel records of all employees transferred pursuant to Section 87 shall remain in the Department of Industrial Relations.
employee transfers personnel records Department of Industrial Relations record retention employment records industrial relations employee records management record keeping employment transfer California labor records Section 87 transfers
Section § 89
This law states that the Division of Labor Standards Enforcement is responsible for managing all the resources related to its work. This includes records, equipment, money, and any other property used for enforcing labor laws and industrial welfare.
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.
Division of Labor Standards Enforcement manage resources labor law enforcement industrial welfare control of records possession of property enforcement functions fund management equipment use property use labor division responsibilities resource allocation property management funds control labor standards
Section § 89.5
This law allows the Division of Labor Standards Enforcement in California to use money from specific funds or appropriations for its administrative duties. This includes any departments or roles that have been shifted to the division. The spending must adhere to the legal guidelines and serve the purposes for which the funds were intended.
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.
Division of Labor Standards Enforcement appropriation State Treasury administration funds special fund transferred powers expenditure guidelines maintenance funds use of funds support funds lawful spending
Section § 90
The Labor Commissioner and their team have the right to access all workplaces. If someone refuses to let them in or doesn't provide requested information necessary for their job, they could face a misdemeanor charge and a fine up to $1,000.
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).
Labor Commissioner access workplace inspection misdemeanor for refusal workplace access rights information request compliance workplace statistics employment inspection penalty for obstruction fine for non-compliance Labor Commissioner's duties
Section § 90.2
This law requires employers to notify their employees within 72 hours if an immigration agency inspects the I-9 Employment Eligibility Verification forms or other employment records. The notice should include details like the agency's name, the inspection date, and a copy of the inspection notice. The Labor Commissioner provides a template for this notice.
Employers must also inform affected employees about the results of such inspections and any obligations resulting from them. This includes a description of any issues found, deadlines for fixing them, and meeting details to address them. Employees have the right to representation at these meetings.
If employers fail to provide these notices, they face penalties ranging from $2,000 to $10,000. This law applies to both public and private employers and does not restrict them from complying with federal E-Verify system agreements.
(a)Copy CA Labor Code § 90.2(a)
(1)Copy CA Labor Code § 90.2(a)(1) Except as otherwise required by federal law, an employer shall provide a notice to each current employee, by posting in the language the employer normally uses to communicate employment-related information to the employee, of any inspections of I-9 Employment Eligibility Verification forms or other employment records conducted by an immigration agency within 72 hours of receiving notice of the inspection. Written notice shall also be given within 72 hours to the employee’s authorized representative, if any. The posted
notice shall contain the following information:
(A)CA Labor Code § 90.2(a)(1)(A) The name of the immigration agency conducting the inspections of I-9 Employment Eligibility Verification forms or other employment records.
(B)CA Labor Code § 90.2(a)(1)(B) The date that the employer received notice of the inspection.
(C)CA Labor Code § 90.2(a)(1)(C) The nature of the inspection to the extent known.
(D)CA Labor Code § 90.2(a)(1)(D) A copy of the Notice of Inspection of I-9 Employment Eligibility Verification forms for the inspection to be conducted.
(2)CA Labor Code § 90.2(a)(2) On or before July 1, 2018, the Labor Commissioner shall develop a
template posting that employers may use to comply with the requirements of subdivision (a) to inform employees of a notice of inspection to be conducted of I-9 Employment Eligibility Verification forms or other employment records conducted by an immigration agency. The posting shall be available on the Labor Commissioner’s Internet Web site so that it is accessible to any employer.
(3)CA Labor Code § 90.2(a)(3) An employer, upon reasonable request, shall provide an affected
employee a copy of the Notice of Inspection of I-9 Employment Eligibility Verification forms.
(b)Copy CA Labor Code § 90.2(b)
(1)Copy CA Labor Code § 90.2(b)(1) Except as otherwise required by federal law, an employer shall provide to each current affected employee, and to the employee’s authorized representative, if any, a copy of the written immigration agency notice that provides the results of the inspection of I-9 Employment Eligibility Verification forms or other employment records within 72 hours of its receipt of the notice. Within 72 hours of its receipt of this notice, the employer shall also provide to each affected employee, and to the affected employee’s authorized representative, if any, written notice of the obligations of the employer and the affected employee arising from the results of the inspection of I-9 Employment Eligibility Verification forms or other
employment records. The notice shall relate to the affected employee only and shall be delivered by hand at the workplace if possible and, if hand delivery is not possible, by mail and email, if the email address of the employee is known, and to the employee’s authorized representative. The notice shall contain the following information:
(A)CA Labor Code § 90.2(b)(1)(A) A description of any and all deficiencies or other items identified in the written immigration inspection results notice related to the affected employee.
(B)CA Labor Code § 90.2(b)(1)(B) The time period for correcting any potential deficiencies identified by the immigration agency.
(C)CA Labor Code § 90.2(b)(1)(C) The time and date of any meeting with the employer to correct any identified deficiencies.
(D)CA Labor Code § 90.2(b)(1)(D) Notice that the employee has the right to representation during any meeting scheduled with the employer.
(2)CA Labor Code § 90.2(b)(2) For purposes of this subdivision, an “affected employee” is an employee identified by the immigration agency inspection results to be an employee who may lack work authorization, or an employee whose work authorization documents have been identified by the immigration agency inspection to have deficiencies.
(c)CA Labor Code § 90.2(c) An employer who fails to provide the notices required by this section shall be subject to a civil penalty of two thousand dollars ($2,000)
up to five thousand dollars ($5,000) for a first violation and five thousand dollars ($5,000)
up to ten thousand dollars ($10,000) for each subsequent violation. This section does not require a penalty to be imposed upon an employer or person who fails to provide notice to an employee at the express and specific direction or request of the federal government. The penalty shall be recoverable by the Labor Commissioner.
(d)CA Labor Code § 90.2(d) For purposes of this section, an “employee’s authorized representative” means an exclusive collective bargaining representative.
(e)CA Labor Code § 90.2(e) This section applies to public and private employers.
(f)CA Labor Code § 90.2(f) In accordance with state and federal law, nothing in this chapter shall be interpreted, construed, or applied to restrict or limit an employer’s compliance with a memorandum of understanding governing the use of the federal E-Verify system.
I-9 inspection notice employee notification immigration agency inspection employment records penalties for non-compliance Labor Commissioner template affected employee work authorization deficiencies employee rights to representation E-Verify compliance civil penalties employment eligibility verification authorized representative collective bargaining representative inspection results notification
Section § 90.3
This law emphasizes enforcing the rules that require employers to provide workers' compensation coverage to their employees. It aims to protect businesses that comply from those who don't. The Labor Commissioner is tasked with identifying companies that don't have this insurance and focusing on those without a good reason for being uninsured.
The program relies on data from multiple sources, like employment records and insurance organizations, to find uninsured employers. Every year, a report must be published showing how effective the program has been, listing numbers of identified, notified, and inspected employers, as well as the penalties assessed and collected.
Funds for this enforcement effort come from collected penalties, ensuring it doesn't lead to increased costs for compliant employers. This approach maintains fairness and competitiveness by targeting those who avoid paying for employee insurance coverage.
(a)CA Labor Code § 90.3(a) It is the policy of this state to vigorously enforce the laws requiring employers to secure the payment of compensation as required by Section 3700 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 secure the payment of compensation.
(b)CA Labor Code § 90.3(b) In order to ensure that the laws requiring employers to secure the payment of compensation are adequately enforced, the Labor Commissioner shall establish and maintain a program that systematically identifies unlawfully uninsured employers. The Labor Commissioner, in consultation with the Administrative Director of the Division of Workers’ Compensation and the director, may prioritize targets for the program in consideration of available resources. The employers shall be identified from data from the Uninsured Employers’ Fund, the Employment Development Department, the rating organizations 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, and any other sources deemed likely to lead to the identification of unlawfully uninsured employers. 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 Labor Commissioner and on reasonable request provide information and data in their possession reasonably necessary to carry out the program.
(c)CA Labor Code § 90.3(c) As part of the program, the Labor Commissioner shall establish procedures for ensuring that employers with payroll but with no record of workers’ compensation coverage are contacted and, if no valid reason for the lack of record of coverage is shown, inspected on a priority basis.
(d)CA Labor Code § 90.3(d) The Labor Commissioner shall annually, not later than March 1, prepare a report concerning the effectiveness of the program, publish it on the Labor Commissioner’s Web site, as well as notify the Legislature, the Governor, the Insurance Commissioner, and the Administrative Director of the Division of Workers’ Compensation of the report’s availability. The report shall include, but not be limited to, all of the following:
(1)CA Labor Code § 90.3(d)(1) The number of employers identified from records of the Employment Development Department who were screened for matching records of insurance coverage or self-insurance.
(2)CA Labor Code § 90.3(d)(2) The number of employers identified from records of the Employment Development Department that were matched to records of insurance coverage or self-insurance.
(3)CA Labor Code § 90.3(d)(3) The number of employers identified from records of the Employment Development Department that were notified that there was no record of their insurance coverage.
(4)CA Labor Code § 90.3(d)(4) The number of employers responding to the notices, and the nature of the responses, including the number of employers who failed to provide satisfactory proof of workers’ compensation coverage and including information about the reasons that employers who provided satisfactory proof of coverage were not appropriately recognized in the comparison performed under subdivision (b). The report may include recommendations to improve the accuracy and efficiency of the program in screening for unlawfully uninsured employers.
(5)CA Labor Code § 90.3(d)(5) The number of employers identified as unlawfully uninsured from records of the Uninsured Employers’ Benefits Trust Fund or from records of the Division of Workers’ Compensation, and the number of those employers that are also identifiable from the records of the Employment Development Department. These statistics shall be reported in a manner to permit analysis and estimation of the percentage of unlawfully uninsured employers that do not report wages to the Employment Development Department.
(6)CA Labor Code § 90.3(d)(6) The number of employers inspected.
(7)CA Labor Code § 90.3(d)(7) The number and amount of penalties assessed pursuant to Section 3722 as a result of the program.
(8)CA Labor Code § 90.3(d)(8) The number and amount of penalties collected pursuant to Section 3722 as a result of the program.
(e)CA Labor Code § 90.3(e) The allocation of funds from the Workers’ Compensation Administration Revolving Fund pursuant to subdivision (a) of Section 62.5 shall not increase the total amount of surcharges pursuant to subdivision (e) of Section 62.5. Startup costs for this program shall be allocated from the fiscal year 2007–08 surcharges collected. The total amount allocated for this program under subdivision (a) of Section 62.5 in subsequent years shall not exceed the amount of penalties collected pursuant to Section 3722 as a result of the program.
workers' compensation coverage uninsured employers Labor Commissioner competitive advantage Uninsured Employers' Fund Employment Development Department insurance data cooperation employer inspection annual report program effectiveness penalties collected Workers' Compensation Administration Revolving Fund surcharge allocation enforcement program employer compliance
Section § 90.5
This California law states the importance of enforcing minimum labor standards to protect employees from substandard working conditions and ensure fair competition among employers. The Labor Commissioner is required to set up a field enforcement unit, separate from other offices, to enforce labor laws through field investigations in various locations like Los Angeles and San Francisco.
The unit will focus on industries and occupations with low-paid and unskilled workers, or those with a history of violations. The Labor Commissioner must create a plan outlining enforcement priorities and report to the Legislature annually by March 1st on the unit's effectiveness, including details on investigations, violations found, recovered wages, and penalties collected.
(a)CA Labor Code § 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)CA Labor Code § 90.5(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)CA Labor Code § 90.5(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)CA Labor Code § 90.5(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)CA Labor Code § 90.5(d)(1) The enforcement plan adopted by the Labor Commissioner pursuant to subdivision (c), and the rationale for the priorities identified in the plan.
(2)CA Labor Code § 90.5(d)(2) The number of establishments investigated by the unit, and the number of types of violations found.
(3)CA Labor Code § 90.5(d)(3) The amount of wages found to be unlawfully withheld from workers, and the amount of unpaid wages recovered for workers.
(4)CA Labor Code § 90.5(d)(4) The amount of penalties and unpaid wages transferred to the General Fund as a result of the efforts of the unit.
minimum labor standards Labor Commissioner field enforcement unit substandard working conditions competitive advantage labor investigations violations unpaid wages enforcement priorities low-paid workers unskilled occupations annual report Legislature enforcement effectiveness penalties collected
Section § 90.6
This law section states that when the Labor Commissioner's field enforcement unit starts an investigation into an employer or entity, the date they send a written notice is considered the starting point for the statute of limitations. This time is paused for 12 months, giving investigators more time to assess potential violations and claims, like unpaid wages or penalties, without losing time legally. After 12 months, the limitation period resumes. This applies to various labor issues, including unpaid wages, inadequate wage statements, rest and meal breaks, and improper expense reimbursements.
(a)CA Labor Code § 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)CA Labor Code § 90.6(b) Subdivision (a) shall apply to the following:
(1)CA Labor Code § 90.6(b)(1) Sections 558 and 1197.1.
(2)CA Labor Code § 90.6(b)(2) Unpaid minimum and overtime wages under Sections 510, 1194, and 1197.
(3)CA Labor Code § 90.6(b)(3) Any applicable wage order of the Industrial Welfare Commission.
(4)CA Labor Code § 90.6(b)(4) Any applicable local minimum wage or overtime law.
(5)CA Labor Code § 90.6(b)(5) Wages exceeding minimum wages subject to determination under Section 1195.5.
(6)CA Labor Code § 90.6(b)(6) Penalty wages for late payment under Section 203.
(7)CA Labor Code § 90.6(b)(7) Liquidated damages under Section 1194.2.
(8)CA Labor Code § 90.6(b)(8) Itemized wage statements under Section 226.
(9)CA Labor Code § 90.6(b)(9) Compensation for rest and recovery periods and nonproductive time for piece rate employees under Section 226.2.
(10)CA Labor Code § 90.6(b)(10) Meal, rest, and recovery periods under Section 226.7.
(11)CA Labor Code § 90.6(b)(11) Claims under Section 2810.3.
(12)CA Labor Code § 90.6(b)(12) Expense reimbursements under Section 2802.
statute of limitations Labor Commissioner wage investigation tolling period unpaid wages overtime wages penalty wages wage orders itemized wage statements meal and rest breaks expense reimbursements Labor Code violations piece rate employees liquidated damages enforcement unit
Section § 90.7
If the division finds that an employer has broken certain wage-related laws or possibly hasn't reported all employee payrolls correctly, they will notify the Insurance Commissioner and ask for an audit of the employer's records.
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.
employer violations payroll reporting wage laws Insurance Commissioner Section 226.2 Section 1021 Section 1021.5 Section 1197 Section 1771 employee payroll audit wage compliance insurance audit payroll audit law violations employer compliance
Section § 90.8
The Labor Commissioner in California can create a lien on real property if someone doesn't pay the amount due from a final citation or decision. This acts as a security to ensure payment, similar to a judgment lien. The lien can be recorded by the Labor Commissioner with the county recorder in the area where the property is located, attaching to all of the debtor's property there.
The lien includes information required by the Government Code, and once the payment is made, a release certificate can be issued to remove the lien. If the lien isn't settled or released, it lasts for 10 years but can be renewed for another 10 years before it expires.
These liens follow specific procedures like those for money judgment liens.
(a)CA Labor Code § 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)CA Labor Code § 90.8(b) The certificate of lien shall include information as prescribed by Section 27288.1 of the Government Code.
(c)CA Labor Code § 90.8(c) The recorder shall accept and record the certificate of lien and shall index it as prescribed by law.
(d)CA Labor Code § 90.8(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)CA Labor Code § 90.8(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)CA Labor Code § 90.8(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.
Labor Commissioner lien real property lien judgment lien alternative final citation lien recording property security lien release 10-year lien duration lien renewal money judgment procedures
Section § 91
This law states that anyone who intentionally interferes with the Labor Commissioner or their team in doing their job is committing a misdemeanor. The penalty can include a fine between $100 and $1,000, jail time ranging from 7 to 30 days, or both.
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.
Labor Commissioner obstruction misdemeanor penalty impeding labor duties obstruction fine jail time for obstruction interference with labor officials criminal charge for interference labor department duties fine for impeding labor enforcement obstruction California labor enforcement deterring labor inspections penalties for interference legal consequences of obstruction
Section § 92
This law allows the Labor Commissioner, along with their deputies and agents, to perform a range of actions to enforce labor laws. They can require people to come to hearings and bring important documents. They can also swear in people to tell the truth and take official statements in writing, all to uphold labor regulations.
The Labor Commissioner, his deputies and agents, may issue subpoenas 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.
Labor Commissioner subpoenas witness attendance document production administer oaths examine witnesses written instruments depositions affidavits enforcement of labor laws verification acknowledgment proof agents deputies
Section § 93
If you're given a subpoena by the Labor Commissioner or their deputies or agents, you must comply. Ignoring it on purpose, especially if it requires traveling 100 miles or less, is considered a misdemeanor and can lead to court enforcement.
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.
Labor Commissioner subpoenas court enforcement misdemeanor for ignoring subpoena subpoena compliance distance requirement appearance compliance legal obligation to respond subpoena enforcement Labor Commissioner authority ignoring legal summons penalty travel requirement for subpoenas obedience to legal orders judicial enforcement consequence of willful neglect subpoena service distance
Section § 94
This law requires that the division's office be open for business from 9 AM to 5 PM every day, except on nonjudicial days, which are typically weekends and holidays. During these hours, the officers must provide necessary information to those who request it.
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.
division office hours business hours nonjudicial days information request office availability public information 9 AM to 5 PM non-working days office operation information access
Section § 95
This section outlines how certain officials in California, like the labor director or designated employees, can enforce state labor laws. These officials can arrest someone without a warrant if they see them break a labor law or have a good reason to think they did. If the crime is a misdemeanor and the arrested person doesn't ask to see a judge right away, the officer can follow a less strict legal process.
These officers are protected from being sued for false arrest if they had a reasonable belief the arrest was legal. They can also use necessary force to make an arrest. Additionally, these officials have the power to serve legal documents across the state. Some designated investigators also have peace officer authority to arrest and serve notices.
(a)CA Labor Code § 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)CA Labor Code § 95(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)CA Labor Code § 95(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)CA Labor Code § 95(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).
labor law enforcement arrest authority public officer arrests misdemeanor arrest procedures false arrest protection reasonable force self-defense rights peace officer authority serve legal documents labor director powers investigator functions warrantless arrests probable cause statewide process serving labor law violations
Section § 96
California's Labor Commissioner can help employees by taking over or filing certain claims. These include wage disputes, expenses related to employment, liens, and compensation claims, among others. The Commissioner can also handle claims regarding misrepresentation by employers, withheld bond money, nonpayment penalties, and the return of workers' tools. Additionally, claims include unpaid vacation or severance pay, unpaid workers’ compensation benefits, loss of wages from wrongful termination due to wage garnishment or for lawful activities outside work, and violations of fast-food industry standards.
The Labor Commissioner and the deputies and representatives authorized by the commissioner 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)CA Labor Code § 96(a) Wage claims and incidental expense accounts and advances.
(b)CA Labor Code § 96(b) Mechanics’ and other liens of employees.
(c)CA Labor Code § 96(c) Claims based on “stop orders” for wages and on bonds for labor.
(d)CA Labor Code § 96(d) Claims for damages for misrepresentations of conditions of employment.
(e)CA Labor Code § 96(e) Claims for unreturned bond money of employees.
(f)CA Labor Code § 96(f) Claims for penalties for nonpayment of wages.
(g)CA Labor Code § 96(g) Claims for the return of workers’ tools in the illegal possession of another person.
(h)CA Labor Code § 96(h) Claims for vacation pay, severance pay, or other compensation supplemental to a wage agreement.
(i)CA Labor Code § 96(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)CA Labor Code § 96(j) Claims for loss of wages as the result of discharge from employment for the garnishment of
wages.
(k)CA Labor Code § 96(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.
(l)CA Labor Code § 96(l) Claims for violations of standards issued by the Fast Food Council pursuant to Part 4.5.5 (commencing with Section 1470) of Division 2.
wage claims employment misrepresentation unpaid compensation vacation pay claims severance pay workers' compensation benefits tools return fast food industry violations wrongful wage garnishment employment termination labor bonds workplace liens nonpayment penalties employment expenses stop orders for wages
Section § 96.1
This law requires the division to submit an annual report by March 1st each year. The report must include various details about wage claims from the previous year, like how many claims were filed, types of labor law violations, and amounts related to unpaid wages and penalties, including liquidated damages. It also must track both settled claims and those still unpaid. The information is to be organized by industry. Additionally, the report should discuss challenges in handling wage claims and suggest improvements. The requirement for this annual report will expire on January 1, 2031.
(a)CA Labor Code § 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)CA Labor Code § 96.1(a)(1) The number of wage claims submitted.
(2)CA Labor Code § 96.1(a)(2) The number and type of alleged labor law violations in those claims.
(3)CA Labor Code § 96.1(a)(3) The average estimated prehearing amounts of unpaid wages, penalties, and other demands for compensation, including, but not limited to, liquidated damages.
(4)CA Labor Code § 96.1(a)(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)CA Labor Code § 96.1(a)(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)CA Labor Code § 96.1(a)(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)CA Labor Code § 96.1(b) The information provided in subdivision (a) shall also be broken down by industry sectors.
(c)CA Labor Code § 96.1(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)CA Labor Code § 96.1(d) A report to be submitted pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code.
(e)CA Labor Code § 96.1(e) This section shall remain in effect only until January 1, 2031, and as of that date is repealed.
wage claims labor law violations unpaid wages penalties liquidated damages settlements industry sectors wage claim process adjudicating challenges reporting requirements Department of Finance Legislature report unpaid compensation annual report expiration date 2031
Section § 96.3
If you're an employee covered by a collective bargaining agreement, your union can file wage claims on your behalf with the Labor Commissioner. However, you also have the right to decline this representation and file the claim yourself if you prefer.
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.
collective bargaining agreement wage claims Labor Commissioner employee representation union role claim filing employee rights reject representation self-representation wage disputes assignee collective bargaining representative labor rights union authority filing claims process
Section § 96.5
This section explains that the Labor Commissioner in California holds hearings to assess claims related to cash deposits under another law (Section 7071.11 of the Business and Professions Code). After these hearings, if someone wants to recover money from a cash deposit, the Labor Commissioner will certify the claims and amounts due to a court. However, this certification is not enough on its own to win a judgment in court; additional evidence is needed.
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.
Labor Commissioner hearings cash deposit recovery Section 7071.11 certificate of commissioner validity of claims Business and Professions Code court certification evidence for judgment claims and demands determination California labor law hearings
Section § 96.6
This law section establishes the Industrial Relations Unpaid Wage Fund as a special fund within California's State Treasury. The fund is specifically reserved for certain purposes outlined in another section, Section 96.7(c).
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.
Industrial Relations Unpaid Wage Fund special fund State Treasury wage fund continuously appropriated subdivision (c) Section 96.7
Section § 96.7
This law allows the Labor Commissioner in California to collect unpaid wages or monetary benefits on behalf of workers without needing those workers to formally assign their claims. Once collected, these funds are held in the Industrial Relations Unpaid Wage Fund.
The Commissioner must try to find these workers to return their money. If they can't find them or the money isn't claimed, the funds can be moved to the General Fund.
The Controller will transfer unspent funds from the Industrial Relations Unpaid Wage Fund to the General Fund each year, except for an amount that covers expected expenses for six months.
If money has already been moved to the General Fund but a worker later claims their wages, the payment will be made from the General Fund.
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)CA Labor Code § 96.7(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)CA Labor Code § 96.7(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)CA Labor Code § 96.7(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)CA Labor Code § 96.7(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)CA Labor Code § 96.7(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)CA Labor Code § 96.7(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.
Labor Commissioner unpaid wages monetary benefits Industrial Relations Unpaid Wage Fund trustee diligent search lawful representative health and welfare benefits pension vacation retirement General Fund Controller transfer fiscal year
Section § 96.8
This law explains how the California Labor Commissioner can collect money from a debtor after a court judgment. If a court decides in favor of an employee or the Labor Commissioner, the Commissioner can gather money the debtor owes by sending out a notice to people or institutions holding the debtor’s assets. The notice demands the surrender of these assets to pay the judgment. Financial institutions can designate a central place to receive these notices. If someone ignores the notice, they can be held accountable and must pay the amount specified. This law doesn't cover the debtor’s real estate interests and doesn’t apply if the judgment is on hold due to an appeal.
(a)CA Labor Code § 96.8(a) Notwithstanding any other law, beginning 20 days after a judgment is entered by a court of competent jurisdiction in favor of the Labor Commissioner, or in favor of any employee pursuant to subdivision (e) of Section 98.2, the Labor Commissioner may, with the consent of any employee in whose favor the judgment is entered, collect any outstanding amount of the judgment by mailing a notice of levy upon all persons having in their possession, or who will have in their possession or under their control, any credits, money, or property belonging to the judgment debtor, or who owe any debt to the judgment debtor at the time they receive the notice of levy.
(b)CA Labor Code § 96.8(b) Notwithstanding any other law, the Labor
Commissioner may execute a levy on any property that may be levied under Section 700.140, 700.150, 700.160, or 700.170 of the Code of Civil Procedure by mailing a notice of levy to the person against whom the levy is directed and serving a copy on the judgment debtor. The notice of levy shall contain all of the information required to be included in a writ of execution under Section 699.520 of the Code of Civil Procedure and in a notice of levy under Section 699.540 of the Code of Civil Procedure.
(c)CA Labor Code § 96.8(c) Any person, upon whom a levy has been noticed having in his or her possession or under his or her control any credits, money, or property belonging to the judgment debtor or owing any debts to the judgment debtor at the time of receipt of the levy or coming into his or her possession or under his or her control within one year of receipt of the notice of levy, shall surrender the credits, money, or property to the Labor Commissioner or pay to the
Labor Commissioner the amount of any debt owed to the judgment debtor within 10 days of service of the levy, and shall surrender the credits or property, or the amount of any debt owing to the judgment debtor coming into his or her own possession or control within one year of receipt of the notice of levy within 10 days of the date of coming into possession or control of the credits or property or the amount of any debt owed to the judgment debtor.
(d)CA Labor Code § 96.8(d) Any person who surrenders to the Labor Commissioner pursuant to this section any credits, money, or property, or pays the debts owed to the judgment debtor, shall be discharged from any obligation or liability to the judgment debtor to the extent of the amount paid to the Labor Commissioner as a result of the levy.
(e)CA Labor Code § 96.8(e) If the levy is made on a deposit or credits, money, or property in the possession or under the control of a bank,
savings and loan association, or other financial institution as defined by Section 669a(d)(1) of Title 42 of the United States Code, the notice of levy may be delivered or mailed to a centralized location designated by the bank, savings and loan association, or other financial institution pursuant to Section 690.050 of the Code of Civil Procedure.
(f)CA Labor Code § 96.8(f) Any person who is noticed with a levy pursuant to this section and who fails or refuses to surrender any credits, money, or property or pay any debts owed to the judgment debtor shall be liable in his or her own person or estate to the Labor Commissioner in an amount equal to the value of the credits, money, or other property or in the amount of the levy, up to the amount specified in the levy.
(g)CA Labor Code § 96.8(g) The fees, commissions, expenses, and the reasonable costs associated with the sale of property levied upon by warrant or levy pursuant to
this section, including, but not limited to, appraisers’ fees, auctioneers’ fees, and advertising fees are an obligation of the judgment debtor and may be collected from the judgment debtor by virtue of the warrant or levy or in any other manner as though these items were part of the judgment or award outstanding.
(h)CA Labor Code § 96.8(h) This section shall not apply to the judgment debtor’s interest in real property.
(i)CA Labor Code § 96.8(i) This section shall not apply if enforcement of the judgment has been stayed on appeal pursuant to Chapter 2 (commencing with Section 916) of Title 13 of Part 2 of the Code of Civil Procedure.
Labor Commissioner notice of levy judgment debtor collecting judgment employee judgment property levy writ of execution debt collection financial institutions judgment enforcement real property exclusion appeal stay Code of Civil Procedure judgment satisfaction assets surrender
Section § 97
This law section states that the Labor Commissioner and their team don't have to follow certain technical rules when handling claims. They don't need a married person's spouse to agree, can file or assign a lien whenever necessary, and aren't restricted by rules about penalty claim assignments before the claim has occurred. Basically, they have more flexibility in these areas.
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.
Labor Commissioner spouse consent married claimant lien filing claim assignment penalty claim technical rules flexibility in claims labor claims assignment validity
Section § 98
The Labor Commissioner in California can investigate employee complaints and hold hearings to recover wages, penalties, and other compensations if a worker's pay is below the minimum wage or if payroll checks bounce due to insufficient funds. The Commissioner must decide within 30 days whether a hearing will take place and those hearings must be held within 90 days, unless a delay is justified. Hearings are informal and aim to ensure fairness.
Defendants can respond to complaints within 10 days. The process only requires a complaint and a defendant's answer in writing. Additional evidence can be admitted under conditions set by the Commissioner, and claimants are allowed time to review new evidence.
If a defendant doesn't appear, the Commissioner will still decide based on the evidence. Defendants can request relief if they've missed proceedings. All hearings follow the rules set by the Commissioner. If a business uses a fictitious name, verification of the legal business name is required, and any orders or awards can be corrected to reflect the official business name as long as proper service was initially made.
(a)CA Labor Code § 98(a) The Labor Commissioner is authorized to investigate employee complaints. The Labor Commissioner may provide for a hearing in any action to recover wages, penalties, and other demands for compensation, including liquidated damages if the complaint alleges payment of a wage less than the minimum wage fixed by an order of the Industrial Welfare Commission or by statute, properly before the division or the Labor Commissioner, including orders of the Industrial Welfare Commission, and shall determine all matters arising under his or her jurisdiction. The Labor Commissioner may also provide for a hearing to recover civil penalties due pursuant to Section 558 against any employer or other person acting on behalf of an employer, including, but not limited to, an individual liable pursuant to
Section 558.1. It is within the jurisdiction of the Labor Commissioner to accept and determine claims from holders of payroll checks or payroll drafts returned unpaid because of insufficient funds, if, after a diligent search, the holder is unable to return the dishonored check or draft to the payee and recover the sums paid out. Within 30 days of the filing of the complaint, the Labor Commissioner shall notify the parties as to whether a hearing will be held, whether action will be taken in accordance with Section 98.3, or whether no further action will be taken on the complaint. If the determination is made by the Labor Commissioner to hold a hearing, the hearing shall be held within 90 days of the date of that determination. However, the Labor Commissioner may postpone or grant additional time before setting a hearing if the Labor Commissioner finds that it would lead to an equitable and just resolution of the dispute. A party who has received actual notice of a claim before the Labor Commissioner shall,
while the matter is before the Labor Commissioner, notify the Labor Commissioner in writing of any change in that party’s business or personal address within 10 days after the change in address occurs.
It is the intent of the Legislature that hearings held pursuant to this section be conducted in an informal setting preserving the rights of the parties.
(b)CA Labor Code § 98(b) When a hearing is set, a copy of the complaint, which shall include the amount of compensation requested, together with a notice of time and place of the hearing, shall be served on all parties, personally or by certified mail, or in the manner specified in Section 415.20 of the Code of Civil Procedure.
(c)CA Labor Code § 98(c) Within 10 days after service of the notice and the complaint, a defendant may file an answer with the Labor Commissioner in any form as the Labor Commissioner may prescribe, setting
forth the particulars in which the complaint is inaccurate or incomplete and the facts upon which the defendant intends to rely.
(d)CA Labor Code § 98(d) No pleading other than the complaint and answer of the defendant or defendants shall be required. Both shall be in writing and shall conform to the form and the rules of practice and procedure adopted by the Labor Commissioner.
(e)CA Labor Code § 98(e) Evidence on matters not pleaded in the answer shall be allowed only on terms and conditions the Labor Commissioner shall impose. In all these cases, the claimant shall be entitled to a continuance for purposes of review of the new evidence.
(f)CA Labor Code § 98(f) If the defendant fails to appear or answer within the time allowed under this chapter, no default shall be taken against him or her, but the Labor Commissioner shall hear the evidence offered and shall issue an order,
decision, or award in accordance with the evidence. A defendant failing to appear or answer, or subsequently contending to be aggrieved in any manner by want of notice of the pendency of the proceedings, may apply to the Labor Commissioner for relief in accordance with Section 473 of the Code of Civil Procedure. The Labor Commissioner may afford this relief. No right to relief, including the claim that the findings or award of the Labor Commissioner or judgment entered thereon are void upon their face, shall accrue to the defendant in any court unless prior application is made to the Labor Commissioner in accordance with this chapter.
(g)CA Labor Code § 98(g) All hearings conducted pursuant to this chapter are governed by the division and by the rules of practice and procedure adopted by the Labor Commissioner.
(h)Copy CA Labor Code § 98(h)
(1)Copy CA Labor Code § 98(h)(1) Whenever a claim is filed under this chapter against a person
operating or doing business under a fictitious business name, as defined in Section 17900 of the Business and Professions Code, which relates to the person’s business, the division shall inquire at the time of the hearing whether the name of the person is the legal name under which the business or person has been licensed, registered, incorporated, or otherwise authorized to do business.
(2)CA Labor Code § 98(h)(2) The division may amend an order, decision, or award to conform to the legal name of the business or the person who is the defendant to a wage claim, if it can be shown that proper service was made on the defendant or his or her agent, unless a judgment had been entered on the order, decision, or award pursuant to subdivision (d) of Section 98.2. The Labor Commissioner may apply to the clerk of the superior court to amend a judgment that has been issued pursuant to a final order, decision, or award to conform to the legal name of the defendant, if it can be
shown that proper service was made on the defendant or his or her agent.
Labor Commissioner employee complaints minimum wage hearing wage claims payroll checks insufficient funds hearing timeline defendant response informal hearings fictitious business name legal business name correction wage recovery civil penalties additional evidence notice of hearing
Section § 98.1
When the Labor Commissioner holds a hearing and makes a decision about a labor dispute, they must file a copy of the order, decision, or award within 15 days. This filing must include a summary of the hearing and the reasons for the decision. The parties involved will be notified of the decision and informed about their right to appeal. If they don't appeal within the specified time, the decision becomes final and can be enforced like a court judgment.
An award can include unpaid amounts, proven damages, and penalties according to labor laws. Additionally, these awards will earn interest on any unpaid wages from the due date until they are paid off, using the interest rate set by another part of the law.
(a)CA Labor Code § 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)CA Labor Code § 98.1(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)CA Labor Code § 98.1(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.
Labor Commissioner hearing order and decision filing right to appeal enforceable judgment unpaid wages interest hearing summary decision notification award inclusions proven damages penalties awarded interest accrual wage due date appeal period superior court enforcement Civil Code interest rate
Section § 98.10
This law requires the California Labor Commissioner to create a model notice for salon workers about their rights, focusing on work conditions and wage rules. The notice must be easy to understand and available in English, Spanish, Vietnamese, and Korean on the Commissioner's website. It will cover topics like employee misclassification, wage and hour regulations, tip distribution, reporting legal violations, expense reimbursements, and protection against retaliation.
(a)CA Labor Code § 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)CA Labor Code § 98.10(b) The model notice shall include information, including, but not limited to, all of the following:
(1)CA Labor Code § 98.10(b)(1) Misclassification of an employee as an independent contractor.
(2)CA Labor Code § 98.10(b)(2) Wage and hour laws, including, but not limited to, minimum wage, overtime compensation, meal periods, and rest periods.
(3)CA Labor Code § 98.10(b)(3) Tip or gratuity distribution.
(4)CA Labor Code § 98.10(b)(4) How to report violations of the law.
(5)CA Labor Code § 98.10(b)(5) Business expense reimbursement.
(6)CA Labor Code § 98.10(b)(6) Protection from retaliation.
(c)CA Labor Code § 98.10(c) The model notice shall include full text translations in Spanish, Vietnamese, and Korean.
Labor Commissioner workplace rights wage and hour laws employee misclassification independent contractor minimum wage overtime compensation meal periods rest periods tip distribution reporting violations business expense reimbursement retaliation protection Spanish translation Vietnamese translation Korean translation
Section § 98.11
This section requires the Labor Commissioner to create a model list that explains employees' rights and responsibilities under whistleblower laws. This list must meet specific legal requirements and be easy for employers to find on the Labor Commissioner's website.
The Labor Commissioner shall develop a model list of employees’ rights and responsibilities under the whistleblower laws that complies with the requirements of subdivision (a) of Section 1102.8. The model list shall be accessible on the Labor Commissioner’s internet website so that it is reasonably accessible to an employer.
whistleblower rights employees' responsibilities Labor Commissioner model list whistleblower laws employer access internet website Section 1102.8 compliance employees' rights information accessibility California labor laws employer responsibilities legal obligations workplace rights employee protection
Section § 98.2
If you receive an order, decision, or award from the Labor Commissioner in California, you have 10 days to file an appeal in superior court where the case will be re-examined from scratch. Filing the appeal requires paying a fee and notifying the Labor Commissioner. For employers, appealing means posting a bond or cash deposit equal to the award.
If the appeal fails, the employer must cover the other party's court costs and attorney fees. If no appeal is filed within the given time, the decision becomes final. The Labor Commissioner can enforce this final order by filing it with the court, which then issues a judgment as strong as any civil court decision.
The Labor Commissioner can also place a lien on the employer's property to ensure they pay what's owed. If the debtor doesn't comply, there can be legal penalties. In some cases, the Labor Commissioner may pause the final order’s enforcement if there’s a good reason.
(a)CA Labor Code § 98.2(a) Within 10 days after service of notice of an order, decision, or award the parties may seek review by filing an appeal to the superior court, where the appeal shall be heard de novo. The court shall charge the first paper filing fee under Section 70611 of the Government Code to the party seeking review. The fee shall be distributed as provided in Section 68085.3 of the Government Code. A copy of the appeal request shall be served upon the Labor Commissioner by the appellant. For purposes of computing the 10-day period after service, Section 1013 of the Code of Civil Procedure is applicable.
(b)CA Labor Code § 98.2(b) As a condition to filing an appeal pursuant to this section, an employer shall first post an
undertaking with the reviewing court in the amount of the order, decision, or award. The undertaking shall consist of an appeal bond issued by a licensed surety or a cash deposit with the court in the amount of the order, decision, or award. The employer shall provide written notification to the other parties and the Labor Commissioner of the posting of the undertaking. The undertaking shall be on the condition that, if any judgment is entered in favor of the employee, the employer shall pay the amount owed pursuant to the judgment, and if the appeal is withdrawn or dismissed without entry of judgment, the employer shall pay the amount owed pursuant to the order, decision, or award of the Labor Commissioner unless the parties have executed a settlement agreement for payment of some other amount, in which case the employer shall pay the amount that the employer is obligated to pay under the
terms of the settlement agreement. If the employer fails to pay the amount owed within 10 days of entry of the judgment, dismissal, or withdrawal of the appeal, or the execution of a settlement agreement, a portion of the undertaking equal to the amount owed, or the entire undertaking if the amount owed exceeds the undertaking, is forfeited to the employee.
(c)CA Labor Code § 98.2(c) If the party seeking review by filing an appeal to the superior court is unsuccessful in the appeal, the court shall determine the costs and reasonable attorney’s fees incurred by the other parties to the appeal, and assess that amount as a cost upon the party filing the appeal. An employee is successful if the court awards an amount greater than zero.
(d)CA Labor Code § 98.2(d) If no notice of appeal of the order, decision, or award is filed within
the period set forth in subdivision (a), the order, decision, or award shall, in the absence of fraud, be deemed the final order.
(e)CA Labor Code § 98.2(e) The Labor Commissioner shall file, within 10 days of the order becoming final pursuant to subdivision (d), a certified copy of the final order with the clerk of the superior court of the appropriate county unless a settlement has been reached by the parties and approved by the Labor Commissioner. Judgment shall be entered immediately by the court clerk in conformity therewith. The judgment so entered has the same force and effect as, and is subject to all of the provisions of law relating to, a judgment in a civil action, and may be enforced in the same manner as any other judgment of the court in which it is entered. Enforcement of the judgment shall receive court priority.
(f)Copy CA Labor Code § 98.2(f)
(1)Copy CA Labor Code § 98.2(f)(1) In order to ensure that judgments are satisfied, the Labor Commissioner may serve upon the judgment debtor, personally or by first-class mail at the last known address of the judgment debtor listed with the division, a form similar to, and requiring the reporting of the same information as, the form approved or adopted by the Judicial Council for purposes of subdivision (a) of Section 116.830 of the Code of Civil Procedure to assist in identifying the nature and location of any assets of the judgment debtor.
(2)CA Labor Code § 98.2(f)(2) The judgment debtor shall complete the form and cause it to be delivered to the division at the address listed on the form within 35 days after the form has been served on the judgment debtor, unless the judgment has been satisfied. In case of willful failure by the judgment debtor to comply
with this subdivision, the division or the judgment creditor may request the court to apply the sanctions provided in Section 708.170 of the Code of Civil Procedure.
(g)Copy CA Labor Code § 98.2(g)
(1)Copy CA Labor Code § 98.2(g)(1) As an alternative to a judgment lien, upon the order becoming final pursuant to subdivision (d), a lien on real property may be created by the Labor Commissioner recording a certificate of lien, for amounts due under the final order and in favor of the employee or employees named in the order, with the county recorder of any county in which the employer’s real property may be located, at the Labor Commissioner’s discretion and depending upon information the Labor Commissioner obtains concerning the employer’s assets. The lien attaches to all interests in real property of the employer 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.
(2)CA Labor Code § 98.2(g)(2) The certificate of
lien shall include information as prescribed by Section 27288.1 of the Government Code.
(3)CA Labor Code § 98.2(g)(3) The recorder shall accept and record the certificate of lien and shall index it as prescribed by law.
(4)CA Labor Code § 98.2(g)(4) Upon payment of the amount due under the final order, the Labor Commissioner shall issue a certificate of release, releasing the lien created under paragraph (1). The certificate of release may be recorded by the employer at the employer’s expense.
(5)CA Labor Code § 98.2(g)(5) Unless the lien is satisfied or released, a lien under this section shall continue until 10 years from the date of its creation.
(h)CA Labor Code § 98.2(h) Notwithstanding subdivision (e), the Labor Commissioner may stay execution of any judgment entered upon an order, decision, or
award that has become final upon good cause appearing therefor and may impose the terms and conditions of the stay of execution. A certified copy of the stay of execution shall be filed with the clerk entering the judgment.
(i)CA Labor Code § 98.2(i) When a judgment is satisfied in fact, other than by execution, the Labor Commissioner may, upon the motion of either party or on its own motion, order entry of satisfaction of judgment. The clerk of the court shall enter a satisfaction of judgment upon the filing of a certified copy of the order.
(j)CA Labor Code § 98.2(j) The Labor Commissioner shall make every reasonable effort to ensure that judgments are satisfied, including taking all appropriate legal action and requiring the employer to deposit a bond as provided in Section 240.
(k)CA Labor Code § 98.2(k) The judgment creditor, or the Labor Commissioner as assignee of the judgment creditor, is entitled to court costs and reasonable attorney’s fees for enforcing the judgment that is rendered pursuant to this section.
appeal process superior court appeal Labor Commissioner order undertaking by employer appeal bond judgment enforcement lien on employer property judgment satisfaction court costs attorney fees sanctions for non-compliance asset discovery form settlement agreement stay of execution undertaking forfeiture
Section § 98.3
This law allows the Labor Commissioner in California to take legal action to collect wages, penalties, and other worker payments if people can't afford a lawyer. If workers' tools are stolen, the Commissioner can help get them back. The Commissioner is also responsible for collecting wages and other payments either owed to employees or to the state due to employment relationships or state orders. Additionally, the Commissioner can act to recover wages for the Industrial Relations Unpaid Wage Fund.
(a)CA Labor Code § 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)CA Labor Code § 98.3(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)CA Labor Code § 98.3(c) The Labor Commissioner may also prosecute actions for wages or other monetary benefits that are due the Industrial Relations Unpaid Wage Fund.
Labor Commissioner wage collection financial inability legal representation workers' tools employment relationship Industrial Welfare Commission Unpaid Wage Fund recovery of wages penalties collection employment disputes illegal possession of tools action prosecution monetary benefits recovery worker claims
Section § 98.4
This section allows the California Labor Commissioner to represent workers who can't afford a lawyer in certain proceedings. If a worker is trying to uphold a decision made by the Labor Commissioner, the Commissioner will represent them in court or arbitration. If an order forces a worker into arbitration, they can ask the Commissioner for representation, granted after an investigation confirms the claim’s merit. Additionally, if there's an argument about whether the arbitration agreement is enforceable, the worker can have the Commissioner represent them in resolving that issue.
(a)CA Labor Code § 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)CA Labor Code § 98.4(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)CA Labor Code § 98.4(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.
Labor Commissioner representation financially unable claimant enforceability of arbitration worker's legal aid arbitration proceedings Labor Commissioner's final order informal investigation findings court order compelling arbitration merit-based claim support wage claim arbitration
Section § 98.5
This section states that the Labor Commissioner has the authority to join court cases related to Section 98.2 if there are issues regarding how laws or rules are being interpreted.
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.
Labor Commissioner authority court intervention interpretation of statutes administrative regulations Section 98.2 legal interpretation court proceedings intervene in cases labor law disputes California labor disputes
Section § 98.6
This law prohibits employers from firing, discriminating against, or retaliating against employees or job applicants who engage in specific protected activities. These activities include filing complaints about unpaid wages or participating in legal proceedings. If an employee is wrongfully acted against within 90 days of any protected activity, they are presumed to be correct, meaning the employer has to prove otherwise. Employers who refuse to rehire or promote an eligible worker are guilty of a misdemeanor and can face fines.
These fines can reach up to $10,000 per violation, paid to the affected employee. Applicants who face discrimination for engaging in protected activities may also be entitled to compensation. However, these protections don't affect certain employment agreements linked to essential interests of the employer or public safety roles like firefighters. Certain religious, law enforcement, and other organizations are exempt from some of these rules. Retaliation against employees due to the protected activities of their family members is also prohibited.
(a)CA Labor Code § 98.6(a) A person shall not discharge an employee or in any manner discriminate, retaliate, or take any adverse action against any employee or applicant for employment because the employee or applicant engaged in any conduct delineated in this chapter, including the conduct described in subdivision (k) of Section 96, and Chapter 5 (commencing with Section 1101) of Part 3 of Division 2, or because the employee or applicant for employment has filed a bona fide complaint or claim or instituted or caused to be instituted any proceeding under or relating to their rights that are under the jurisdiction of the Labor Commissioner, made a written or oral complaint that they are owed unpaid wages, or because the employee has initiated any action or notice pursuant to Section 2699, or has testified or is about to testify in a proceeding pursuant
to that section, or because of the exercise by the employee or applicant for employment on behalf of themselves or others of any rights afforded them.
(b)Copy CA Labor Code § 98.6(b)
(1)Copy CA Labor Code § 98.6(b)(1) Any employee who is discharged, threatened with discharge, demoted, suspended, retaliated against, subjected to an adverse action, or in any other manner discriminated against in the terms and conditions of their employment because the employee engaged in any conduct delineated in this chapter, including the conduct described in subdivision (k) of Section 96, and Chapter 5 (commencing with Section 1101) of Part 3 of Division 2, or because the employee has made a bona fide complaint or claim to the division pursuant to this part, or because the employee has initiated any action or notice pursuant to Section 2699 shall be entitled to reinstatement and reimbursement for lost wages and work benefits caused by those acts of the employer. If an employer engages in any
action prohibited by this section within 90 days of the protected activity specified in this section, there shall be a rebuttable presumption in favor of the employee’s claim.
(2)CA Labor Code § 98.6(b)(2) An employer who willfully refuses to hire, promote, or otherwise restore an employee or former employee who has been determined to be eligible for rehiring or promotion by a grievance procedure, arbitration, or hearing authorized by law, is guilty of a misdemeanor.
(3)CA Labor Code § 98.6(b)(3) In addition to other remedies available, an employer who violates this section is liable for a civil penalty not exceeding ten thousand dollars ($10,000) per employee for each violation of this section, to be awarded to the employee or employees who suffered the violation.
(c)Copy CA Labor Code § 98.6(c)
(1)Copy CA Labor Code § 98.6(c)(1) Any applicant for employment who is refused employment, who is not
selected for a training program leading to employment, or who in any other manner is discriminated against in the terms and conditions of any offer of employment because the applicant engaged in any conduct delineated in this chapter, including the conduct described in subdivision (k) of Section 96, and Chapter 5 (commencing with Section 1101) of Part 3 of Division 2, or because the applicant has made a bona fide complaint or claim to the division pursuant to this part, or because the employee has initiated any action or notice pursuant to Section 2699 shall be entitled to employment and reimbursement for lost wages and work benefits caused by the acts of the prospective employer.
(2)CA Labor Code § 98.6(c)(2) This subdivision shall not be construed to invalidate any collective bargaining agreement that requires an applicant for a position that is subject to the collective bargaining agreement to sign a contract that protects either or both of the following as specified
in subparagraphs (A) and (B), nor shall this subdivision be construed to invalidate any employer requirement of an applicant for a position that is not subject to a collective bargaining agreement to sign an employment contract that protects either or both of the following:
(A)CA Labor Code § 98.6(c)(2)(A) An employer against any conduct that is actually in direct conflict with the essential enterprise-related interests of the employer and where breach of that contract would actually constitute a material and substantial disruption of the employer’s operation.
(B)CA Labor Code § 98.6(c)(2)(B) A firefighter against any disease that is presumed to arise in the course and scope of employment, by limiting their consumption of tobacco products on and off the job.
(d)CA Labor Code § 98.6(d) The provisions of this section creating new actions or remedies that are effective on January 1, 2002, to
employees or applicants for employment do not apply to any state or local law enforcement agency, any religious association or corporation specified in subdivision (d) of Section 12926 of the Government Code, except as provided in Section 12926.2 of the Government Code, or any person described in Section 1070 of the Evidence Code.
(e)CA Labor Code § 98.6(e) An employer, or a person acting on behalf of the employer, shall not retaliate against an employee because the employee is a family member of a person who has, or is perceived to have, engaged in any conduct delineated in this chapter.
(f)CA Labor Code § 98.6(f) For purposes of this section, “employer” or “a person acting on behalf of the employer” includes, but is not limited to, a client employer as defined in paragraph (1) of subdivision (a) of Section 2810.3 and an employer listed in subdivision (b) of Section 6400.
(g)CA Labor Code § 98.6(g) Subdivisions (e) and (f) shall not apply to claims arising under subdivision (k) of Section 96 unless the lawful conduct occurring during nonwork hours away from the employer’s premises involves the exercise of employee rights otherwise covered under subdivision (a).
employee retaliation discrimination protection unpaid wages complaint protected activities employer penalties wrongful discharge rebuttable presumption rehiring refusal civil penalty job applicant rights essential enterprise-related interests family member protection firefighter tobacco restriction client employer rights under Labor Commissioner
Section § 98.7
This law allows individuals to file complaints if they believe they have been unfairly fired or treated differently at work, with a deadline of one year to do so, though extensions are possible. The Labor Commissioner reviews these complaints, investigates if necessary, and can take action against the employer, including ordering employee reinstatement or compensation if wrongdoing is found.
The commissioner can also seek court orders to prevent further harm while a case is decided. Complaints can be dismissed if found baseless, and complainants may then pursue the matter in court. Employers could face penalties for not complying with court orders. Determinations must be made within a year, and certain cases can be appealed further if they involve specific violations. Lastly, pursuing these rights doesn't limit an employee's options under other laws.
(a)Copy CA Labor Code § 98.7(a)
(1)Copy CA Labor Code § 98.7(a)(1) Any person who believes that they have been discharged or otherwise discriminated against in violation of any law under the jurisdiction of the Labor Commissioner may file a complaint with the division within one year after the occurrence of the violation. The
one-year period may be extended for good cause. The complaint shall be investigated by a discrimination complaint investigator in accordance with this section. The Labor Commissioner shall establish procedures for the investigation of discrimination complaints, including, but not limited to, relief pursuant to paragraph (2) of subdivision (b). A summary of the procedures shall be provided to each complainant and respondent at the time of initial contact. The Labor Commissioner shall inform complainants charging a violation of Section 6310 or 6311, at the time of initial contact, of the complainant’s right to file a separate, concurrent complaint with the United States Department of Labor within 30 days after the occurrence of the violation.
(2)CA Labor Code § 98.7(a)(2) The division may, with or without receiving a complaint, commence investigating an employer, in accordance with this section, that it suspects to have discharged or otherwise discriminated against an individual in violation of any law under the jurisdiction of the Labor Commissioner. The division may proceed without a complaint in those instances where suspected retaliation has occurred during the course of adjudicating a wage claim pursuant to Section 98, or during a field inspection pursuant to Section 90.5, in accordance with this section, or in instances of suspected immigration-related threats in violation of Section 244, 1019, or 1019.1.
(b)Copy CA Labor Code § 98.7(b)
(1)Copy CA Labor Code § 98.7(b)(1) Each complaint of unlawful discharge or discrimination shall be assigned to a discrimination complaint investigator who shall prepare and submit a report to the Labor Commissioner based on an investigation of
the complaint. The Labor Commissioner or
the commissioner’s designee shall receive and review the reports. The investigation shall include, where appropriate, interviews with the complainant, respondent, and any witnesses who may have information concerning the alleged violation, and a review of any documents that may be relevant to the disposition of the complaint. The identity of a witness shall remain confidential unless the identification of the witness becomes necessary to proceed with the investigation or to prosecute an action to enforce a determination. The investigation report submitted to the Labor Commissioner or designee shall include the statements and documents obtained in the investigation, and the findings of the investigator concerning whether a violation occurred. The Labor Commissioner may hold an investigative hearing whenever the Labor Commissioner determines that a hearing is necessary to fully establish the facts. In the hearing the complainant and respondent shall have the opportunity
to present evidence. The Labor Commissioner shall issue, serve, and enforce any necessary subpoenas. If a complainant files an action in court against an employer based on the same or similar facts as a complaint made under this section, the Labor Commissioner may, at the commissioner’s discretion, close the investigation. If a complainant has already challenged the complainant’s discipline or discharge through the State Personnel Board, or other internal governmental procedure, or through a collective bargaining agreement grievance procedure that incorporates antiretaliation provisions under this code, the
Labor Commissioner may reject the complaint.
(2)Copy CA Labor Code § 98.7(b)(2)
(A)Copy CA Labor Code § 98.7(b)(2)(A) The Labor Commissioner, during the course of an investigation pursuant to this section, upon finding reasonable cause to believe that any person has engaged in or is engaging in a violation, may petition the superior court in any county in which the violation in question is alleged to have occurred or in which the person resides or transacts business, for appropriate temporary or preliminary injunctive relief, or both temporary and preliminary injunctive relief.
(B)CA Labor Code § 98.7(b)(2)(A)(B) Upon filing of a petition pursuant to this paragraph, the Labor Commissioner shall cause notice of the petition to be served on the person, and the court shall have jurisdiction to grant temporary injunctive relief as the court determines to be just and proper.
(C)CA Labor Code § 98.7(b)(2)(A)(C) In addition to
any harm resulting directly to an individual from a violation of any law under the jurisdiction of the Labor Commissioner, the court shall consider the chilling effect on other employees asserting their rights under those laws in determining if temporary injunctive relief is just and proper.
(D)CA Labor Code § 98.7(b)(2)(A)(D) If an employee has been discharged or faced adverse action for raising a claim of retaliation for asserting rights under any law under the jurisdiction of the Labor Commissioner, a court shall order appropriate injunctive relief on a showing that reasonable cause exists to believe that an employee has been discharged or subjected to adverse action for raising a claim of retaliation or asserting rights under any law under the jurisdiction of the Labor Commissioner.
(E)CA Labor Code § 98.7(b)(2)(A)(E) The temporary injunctive relief shall remain in effect until the Labor Commissioner issues a determination or citations, or
until the completion of review pursuant to subdivision (b) of Section 98.74, whichever period is longer, or at a time certain set by the court. Afterwards, the court may issue a preliminary or permanent injunction if it is shown to be just and proper. Any temporary injunctive relief shall not prohibit an employer from disciplining or terminating an employee for conduct that is unrelated to the claim of the retaliation.
(F)CA Labor Code § 98.7(b)(2)(A)(F) Notwithstanding Section 916 of the Code of Civil Procedure, injunctive relief granted pursuant to this section shall not be stayed pending appeal.
(c)Copy CA Labor Code § 98.7(c)
(1)Copy CA Labor Code § 98.7(c)(1) If the Labor Commissioner determines a violation has occurred, the Labor Commissioner may issue a determination in accordance with this section or issue a citation in accordance with Section 98.74. If the Labor Commissioner issues a determination,
the commissioner shall notify the complainant and respondent and direct the respondent to cease and desist from any violation and take any action deemed necessary to remedy the violation, including, where appropriate, rehiring or reinstatement, reimbursement of lost wages and interest thereon, payment of penalties, payment of reasonable attorney’s fees associated with any hearing held by the Labor Commissioner in investigating the complaint, and the posting of notices to employees. If the respondent does not comply with the order within 30 days following notification of the Labor Commissioner’s determination, the Labor Commissioner shall bring an action promptly in an appropriate court against the respondent. An action by the Labor Commissioner seeking injunctive relief, reimbursement of lost wages and interest thereon, payment of penalties, and any other appropriate relief, shall not accrue until a respondent fails to comply with the order for more than 30 days
following notification of the commissioner’s determination. The Labor Commissioner shall commence an action within three years of its accrual, regardless of whether the commissioner seeks penalties in the action. If the Labor Commissioner fails to bring an action in court promptly, the complainant may bring an action against the Labor Commissioner in any appropriate court for a writ of mandate to compel the Labor Commissioner to bring an action in court against the respondent. If the complainant prevails in their action for a writ, the court shall award the complainant court costs and reasonable attorney’s fees, notwithstanding any other law. Regardless of any delay in bringing an action in court, the Labor Commissioner shall not be divested of jurisdiction. In any action, the court may permit the claimant to
intervene as a party plaintiff to the action and shall have jurisdiction, for cause shown, to restrain the violation and to order all appropriate relief. Appropriate relief includes, but is not limited to, rehiring or reinstatement of the complainant, reimbursement of lost wages and interest thereon, and any other compensation or equitable relief as is appropriate under the circumstances of the case. The Labor Commissioner shall petition the court for appropriate temporary relief or a restraining order unless the commissioner determines good cause exists for not doing so.
(2)CA Labor Code § 98.7(c)(2) If the Labor Commissioner is a prevailing party in an enforcement
action pursuant to this section, the court shall determine the reasonable attorney’s fees incurred by the Labor Commissioner in prosecuting the enforcement action and assess that amount as a cost upon the employer.
(3)CA Labor Code § 98.7(c)(3) An employer who willfully refuses to comply with an order of a court pursuant to this section to hire, promote, or otherwise restore an employee or former employee who has been determined to be eligible for such relief, or who refuses to comply with an order to post a notice to employees or otherwise cease and desist from the violation shall, in addition to any other penalties available, be subject to a penalty of one hundred dollars ($100) per day for each day the employer continues to be in noncompliance with the court order, up to a maximum of twenty thousand dollars ($20,000). Any penalty pursuant to this section shall be paid to the affected employee.
(d)Copy CA Labor Code § 98.7(d)
(1)Copy CA Labor Code § 98.7(d)(1) If the Labor Commissioner determines no violation has occurred,
the commissioner
shall notify the complainant and respondent and shall dismiss the complaint. The Labor Commissioner may direct the complainant to pay reasonable attorney’s fees associated with any hearing held by the Labor Commissioner if the Labor Commissioner finds the complaint was frivolous, unreasonable, groundless, and was brought in bad faith. The complainant may, after notification of the Labor Commissioner’s determination to dismiss a complaint, bring an action in an appropriate court, which shall have jurisdiction to determine whether a violation occurred, and if so, to restrain the violation and order all appropriate relief to remedy the violation. Appropriate relief includes, but is not limited to, rehiring or reinstatement of the complainant, reimbursement of lost wages and interest thereon, and other compensation or equitable relief as is appropriate under the circumstances of the case. When dismissing a complaint, the Labor Commissioner shall advise the complainant of
their right to bring an action in an appropriate court if the complainant disagrees with the determination of the Labor Commissioner, and in the case of an alleged violation of Section 6310 or 6311, to file a complaint against the state program with the United States Department of Labor. Any time limitation for a complainant to bring an action in court shall be tolled from the time of filing the complaint with the division until the issuance of the Labor Commissioner’s determination.
(2)CA Labor Code § 98.7(d)(2) The filing of a timely complaint against the state program with the United States Department of Labor shall stay the Labor Commissioner’s dismissal of the division complaint until the United States Secretary of Labor makes a
determination regarding the alleged violation. Within 15 days of receipt of that determination, the Labor Commissioner shall notify the parties whether the commissioner will reopen the complaint filed with the division or whether the dismissal will be reaffirmed.
(e)CA Labor Code § 98.7(e) The Labor Commissioner shall notify the complainant and respondent of the
commissioner’s determination under subdivision (c) or paragraph (1) of subdivision (d), not later than one year after the filing of the complaint. Determinations by the Labor Commissioner under subdivision (c) or (d) shall be final and not subject to administrative appeal except for cases arising under Sections 6310 and 6311, which may be appealed by the complainant to the Director of Industrial Relations pursuant to an appeal process, including time limitations, that is consistent with the mandates of the United States Department of Labor. The appeal from a determination for cases arising under Sections 6310 and 6311 shall set forth specifically and in full detail the grounds upon which the complainant considers the Labor Commissioner’s determination to be unjust or unlawful, and every issue to be considered by the director. The director may consider any issue relating to the initial determination and may modify, affirm, or reverse the Labor Commissioner’s determination. The
director’s determination shall be the determination of the Labor Commissioner for cases arising under Sections 6310 and 6311 that are appealed to the director. The director shall notify the complainant and respondent of the director’s determination within 10 days of receipt of the appeal.
(f)CA Labor Code § 98.7(f) The rights and remedies provided by this section do not preclude an employee from pursuing any other rights and remedies under any other law.
(g)CA Labor Code § 98.7(g) In the enforcement of this section, there is no requirement that an individual exhaust administrative remedies or procedures.
discrimination complaint Labor Commissioner discharge or discrimination investigation procedures temporary injunctive relief employer compliance witness confidentiality court action rehiring or reinstatement reimbursement of wages penalties for noncompliance right to appeal tolling of time limitation exhaust administrative remedies retaliation claims
Section § 98.74
This law outlines the process for handling and enforcing citations when an employer is found to have retaliated or discriminated against an employee. If a violation is found, the Labor Commissioner issues a citation specifying the violation and the relief, such as rehiring or compensating lost wages. The cited party can contest this citation by requesting an informal hearing within 30 days, otherwise, the citation becomes final. If the citation stands, it can be turned into a court judgment, enforcing both monetary and non-monetary relief.
The law also covers how to appeal the Labor Commissioner’s decision through a court petition, which requires a bond covering monetary relief. If the employer does not comply with a final order, further penalties may apply, including a daily fine. The provisions for assessing penalties and enforcing compliance are detailed, ensuring that affected employees receive necessary relief.
(a)CA Labor Code § 98.74(a) If the Labor Commissioner determines, after an investigation of a retaliation or discrimination complaint filed in accordance with Section 98.7, that a violation has occurred and the Labor Commissioner proceeds with a citation, the Labor Commissioner shall issue, with reasonable promptness, a citation to the person who has been determined to be responsible for the violation. The citation shall be in writing, shall describe the nature of the violation and the amount of wages and penalties due, and shall include any and all appropriate relief. Appropriate relief includes directing the person cited to cease and desist from the violation and take any action necessary to remedy the violation, including, where appropriate, rehiring or reinstatement, reimbursement
of lost wages and interest thereon, and posting notices to employees. Service of the citation shall be completed pursuant to Section 1013 of the Code of Civil Procedure by first-class and certified mail to the person cited. The citation shall advise the person cited of the procedure for obtaining review of the citation.
(b)Copy CA Labor Code § 98.74(b)
(1)Copy CA Labor Code § 98.74(b)(1) A person issued a citation pursuant to this section may obtain review of the citation by transmitting a written request for an informal hearing to the office of the Labor Commissioner at the address that appears on the citation within 30 days after service of the citation. If no hearing is requested within 30 days after service of the citation, the citation shall become final.
(2)CA Labor Code § 98.74(b)(2) The
Labor Commissioner shall file, within 10 days of the citation becoming final pursuant to this section, a certified copy of the final citation with the clerk of the superior court in the county in which the person assessed has or had a place of business, accompanied by a declaration that all prerequisites for issuing a judgment have been met. Judgment in favor of the state and against the person being assessed shall be entered immediately by the court clerk in conformity therewith for the total monetary amount shown on the citation. The Labor Commissioner may also file a petition in superior court
seeking an order to show cause why any injunctive and other nonmonetary relief determined by the Labor Commissioner or their designee in a citation that has become final should not be ordered. After filing the petition, the Labor Commissioner may file an application for an order to show cause and serve it upon the respondent. Promptly after the Labor Commissioner files the application for an order to show cause, the court shall issue an order to show cause why any injunctive and other nonmonetary relief should not be ordered and schedule a hearing. Absent a showing of an abuse of discretion, the court shall enter judgment for the state against the respondent for the injunctive and other nonmonetary relief.
(3)CA Labor Code § 98.74(b)(3) A person to whom a citation has been issued shall, in lieu of contesting a citation pursuant to this section, transmit, within 30 days after service of the citation, to the office of the Labor Commissioner designated on the citation, both the amount specified for the violation and a certification of compliance with any other remedies
ordered.
(c)CA Labor Code § 98.74(c) Upon receipt of a timely request, an informal hearing shall be commenced within 90 days before a hearing officer for the Labor Commissioner. Within 90 days of the conclusion of the hearing, the hearing officer shall issue a written decision. The decision shall consist of a statement of findings, conclusions of law, and an order. This decision shall be served on all parties pursuant to Section 1013 of the Code of Civil Procedure by first-class mail at the last known address of the party on file with the Labor Commissioner. Any amount found due by the Labor Commissioner as a result of a hearing shall become due and payable 45 days after the written decision and order have been mailed to the person who requested the hearing. The Labor Commissioner shall adopt regulations setting forth procedures for hearings under this
subdivision.
(d)Copy CA Labor Code § 98.74(d)
(1)Copy CA Labor Code § 98.74(d)(1) A person issued a citation pursuant to this section may obtain review of the written decision and order of the Labor Commissioner by filing a petition for a writ of mandate to the appropriate superior court pursuant to Section 1094.5 of the Code of Civil Procedure within 45 days after service of the Labor Commissioner’s decision.
(2)CA Labor Code § 98.74(d)(2) As a condition to filing a petition for a writ of mandate, the petitioner seeking the writ shall first post a bond with the Labor Commissioner equal to the total amount of any penalties, lost wages and interest thereon, liquidated damages, and any other monetary relief that are due and owing as determined pursuant to subdivision (c). The bond shall be issued by a surety duly authorized to do business
in this state and shall be issued in favor of the employee or employees who suffered the violation or violations.
(3)CA Labor Code § 98.74(d)(3) If no petition for writ of mandate is filed within 45 days after service of the decision, the order shall become final. If it is claimed in a petition for writ of mandate that the findings are not supported by the evidence, abuse of discretion is established if the court determines that the findings are not supported by substantial evidence in the light of the whole record.
(4)CA Labor Code § 98.74(d)(4) If the bond is not filed pursuant to paragraph (2), or if no petition for writ of mandate is filed pursuant to paragraph (1), or if the petition is dismissed or withdrawn without entry of judgment, a certified copy of the written decision and order may be entered by the Labor Commissioner
in the office of the clerk of the superior court in any county in which the person assessed has property or in which the person assessed has or had a place of business. The clerk, immediately upon the filing, shall enter judgment for the state against the person assessed in the total monetary amount shown on the certified order. The Labor Commissioner may also file a petition in superior court for judicial enforcement of any injunctive and other nonmonetary relief determined by the Labor Commissioner or their designee. After filing the petition, the Labor Commissioner may file an application for an order to show cause and serve it upon the respondent. Within 60 days of the date the Labor Commissioner filed the order to show cause, the court shall hold a hearing and, absent a showing of an abuse of discretion, shall issue an order for the injunctive and other nonmonetary relief.
(5)CA Labor Code § 98.74(d)(5) If the employer fails to pay the amount of penalties, lost wages and interest thereon, and liquidated damages owed within 10 days of the entry of judgment, dismissal, or withdrawal of writ, or the execution of a settlement agreement, a portion of the undertaking, described in paragraph (2), equal to the amount owed, or the entire undertaking if the amount owed exceeds the undertaking, shall be forfeited to the Labor Commissioner for appropriate distribution.
(e)CA Labor Code § 98.74(e) In addition to any other appropriate relief, an employer who willfully refuses to comply with a final order pursuant to this section to hire, promote, or otherwise restore an employee or former employee who has been determined to be eligible for relief, or who refuses to comply with an order to post a notice to employees
or otherwise cease and desist from the violation, in addition to any other penalties available, shall be subject to a penalty of one hundred dollars ($100) per day for each day the employer continues to be in noncompliance with the order, up to a maximum of twenty thousand dollars ($20,000). Any penalty pursuant to this subdivision shall be paid to the affected employee.
(f)CA Labor Code § 98.74(f) The procedure for assessing, contesting, and enforcing the penalties pursuant to subdivision (e) shall be the same procedures set forth in subdivisions (a) to (d), inclusive.
(g)CA Labor Code § 98.74(g) A judgment entered pursuant to this section shall bear the same rate of interest and shall have the same effect as other judgments and be given the same preference allowed by the law on other judgments rendered for claims for taxes.
The clerk shall make no charge for the service provided by this section to be performed by them.
(h)CA Labor Code § 98.74(h) The provisions contained in subdivisions (b), (c), (d), (e), and (g) that pertain to enforcement of the citation, enforcement of the written decision and order, interest accrual, and to the bond posting, shall apply to all existing citations issued pursuant to subdivisions (a) and (e) at the time of enactment.
retaliation complaint discrimination complaint Labor Commissioner citation employer violation monetary relief non-monetary relief informal hearing rehiring lost wages reimbursement court judgment writ of mandate bond requirement penalty for noncompliance injunctive relief employment restoration
Section § 98.75
The California Labor Commissioner must submit a yearly report to the Legislature by February 15, detailing data on discrimination complaints from the previous year. This report should include the number of discrimination complaints filed under specific sections, details on the outcomes of these complaints, like dismissals or valid findings. The report must also reveal how often employers comply with orders to remedy discrimination, and include details on legal actions taken when employers do not comply, especially if no court action is taken within 10 days, explaining why.
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)CA Labor Code § 98.75(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)CA Labor Code § 98.75(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)CA Labor Code § 98.75(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.
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Section § 98.8
This law section gives the Labor Commissioner the authority to create the rules and procedures needed to implement the labor laws in this chapter. Essentially, it's about making sure all necessary guidelines and procedures are in place to enforce these laws properly.
The Labor Commissioner shall promulgate all regulations and rules of practice and procedure necessary to carry out the provisions of this chapter.
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Section § 98.9
If the Labor Commissioner finds that a contractor has intentionally broken labor laws, they must send a certified report of this violation to the Contractors’ State License Board after any review period has ended.
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.
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Section § 99
This law allows the division to file claims or liens on behalf of employees to recover unpaid wages or benefits. These can be filed under the name of the Labor Commissioner or directly under the employees' names. However, there must be factual backing for these claims, and if filed in the Commissioner's name, this backing should be specified in the claim.
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.
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Section § 100
This law allows multiple workers who have claims or liens, like unpaid wages, to be combined into one legal action if there's no good reason to handle them separately. This is designed to make the process more streamlined when many employees are affected by the same issue.
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.
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Section § 100.5
This law section references other parts of legal code that detail claims someone might make for payment owed for work they did or services they provided. These claims have special importance, or 'preference,' under particular situations mentioned in related legal sections.
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.
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Section § 101
This law states that the division (likely a division related to labor issues) doesn't have to pay any court fees when it's involved in a civil lawsuit. If the Labor Commissioner or their representatives need a sheriff or marshal to deliver legal documents like a summons or enforce a court order, they can do so without charging the division, except for certain specific fees like keeper’s fees, service fees, and storage charges.
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.
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Section § 101.5
This law means that when the Labor Commissioner files or records documents while doing their official duties, they don't have to pay any fees upfront. However, if the Labor Commissioner wins a judgment and collects enough money beyond what is owed to the workers or claimants, these fees can be paid from that extra money.
No fees shall be payable for the filing or recording of any document or paper in the performance of any official service by the Labor Commissioner. The amount ordinarily charged for such filing or recording shall be made a part of any judgment recovered by the Labor Commissioner and shall be paid by the Labor Commissioner if sufficient money is collected over and above the wages, penalties, or demands actually due the claimants.
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Section § 102
This law requires that when a sheriff or marshal returns a legal summons or process, they must list the costs they would usually charge for that service. If the Labor Commissioner wins a court case, these costs and other court fees become part of the judgment. The Labor Commissioner will pay these costs if they collect enough money beyond what is owed in wages, penalties, or claims to the employees.
The sheriff or marshal shall specify when the summons or process is returned, what costs he or she would ordinarily have been entitled to for such service, and those costs and the other regular court costs that would have accrued if the action was not by the Labor Commissioner shall be made a part of any judgment recovered by the Labor Commissioner and shall be paid by the Labor Commissioner if sufficient money is collected over and above the wages, penalties, or demands actually due the claimants.
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Section § 103
This law allows California's Labor Commissioner to work with other states to collect unpaid wages and other related claims. If there's an agreement between states or if another state's laws permit, the Labor Commissioner can either file legal actions directly in those states' courts or let that state's labor department handle the collections.
The Labor Commissioner shall, to the extent provided for by any reciprocal agreement entered into pursuant to Section 64, or by the laws of any other state, maintain actions in the courts of the other state for the collection of the claims for wages, judgments, and other demands and may assign the claims, judgments, and demands to the labor department or agency of the other state for collection to the extent that they may be permitted or provided for by the laws of that state or by reciprocal agreement.
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Section § 104
This law allows the California Labor Commissioner to file lawsuits in California courts for wage claims and similar demands that come from other states, but only if those states have laws or agreements that allow California to do the same for cases that start here.
The Labor Commissioner shall, upon the written request of the labor department or other corresponding agency of any other state or of any person, board, officer or commission of such state authorized to act for and on behalf of such labor department or corresponding agency, maintain actions in the courts of this state upon assigned claims for wages, judgments and demands arising in such other state in the same manner and to the same extent that such actions by the Labor Commissioner are authorized when arising in this state; provided, however, that such actions may be commenced and maintained only in those cases where such other state by appropriate legislation or by reciprocal agreement extends a like comity to cases arising in this state.
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Section § 105
This section mandates the Labor Commissioner to ensure that bilingual staff or interpreters are available in public-facing roles to help non-English speakers access services and information. The focus is on assisting the largest groups of non-English speakers in California.
Interpreters must be present at any hearings or interviews when necessary. The Commissioner must also provide materials and forms in different languages where there is a significant need, to ensure everyone can understand their rights and how to file wage claims. They have the flexibility to adjust these resources over time to better serve non-English speakers.
(a)CA Labor Code § 105(a) The Labor Commissioner shall provide qualified bilingual persons in public contact positions or as interpreters to assist those in such positions to provide information and services in the language of a limited- or non-English-speaking person, with the primary effort being exerted towards the largest segments of the non-English-speaking persons in this state.
(b)CA Labor Code § 105(b) The Labor Commissioner shall provide that an interpreter be present at all hearings and interviews where appropriate.
(c)CA Labor Code § 105(c) The Labor Commissioner shall prepare and distribute to the public, through its local offices, materials explaining services available in non-English languages, as well as in English. In addition, the commissioner shall prepare and use written materials in non-English languages as well as in English for use by local offices if the local office serves a substantial number of non-English-speaking people, as defined in Section 7296.2 of the Government Code. The commissioner shall prepare and use such complaint processing forms and form letters in the language of non-English speaking people as the commissioner deems necessary and appropriate for the filing, investigation, and resolution of wage claims, giving due consideration to the rights and obligations of all parties. The commissioner may, from time to time, at his or her discretion, eliminate, modify, amend, or add to the complaint processing forms and form letters which are the subject of bilingual or multilingual treatment or application.
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Section § 106
This section allows the Labor Commissioner to give certain employees in the Joint Enforcement Strike Force permission to issue fines and penalties for labor law violations. These employees must be specially trained and authorized to perform these actions. If anyone wants to challenge these fines or penalties, they must follow specific procedures for appeals.
(a)CA Labor Code § 106(a) The Labor Commissioner may authorize an employee of any of the agencies that participate in the Joint Enforcement Strike Force on the Underground Economy, as defined in Section 329 of the Unemployment Insurance Code, to issue citations pursuant to Sections 226.4 and 1022 and issue and serve a penalty assessment order pursuant to subdivision (a) of Section 3722.
(b)CA Labor Code § 106(b) No employees shall issue citations or penalty assessment orders pursuant to this section unless they have been specifically designated, authorized, and trained by the Labor Commissioner for this purpose. Appeals of all citations or penalty assessment orders shall follow the procedures prescribed in Section 226.5, 1023, or 3725, whichever is applicable.
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Section § 107
This law section states that the State Department of Health Services is responsible for enforcing a specific code related to the Welfare and Institutions Code. It also clarifies that claims made under this code are not to be considered wage claims, meaning they are handled differently and are not subject to wage claim laws.
(a)CA Labor Code § 107(a) The enforcement of Section 14110.65 of the Welfare and Institutions Code is vested with the State Department of Health Services.
(b)CA Labor Code § 107(b) Any claim made under Section 14110.65 of the Welfare and Institutions Code shall not constitute a wage claim as provided in subdivision (a) of Section 96, and shall not be subject to this chapter.
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