Section § 1020

Explanation

This law is about creating a system that quickly and effectively penalizes people who break rules involving the employment of workers by unlicensed contractors. It also targets licensed contractors who improperly use unlicensed workers or those not recognized as valid independent contractors.

It is the intent of the Legislature in enacting this chapter to establish a citation system for the imposition of prompt and effective civil sanctions against violators of the laws and regulations of this state relating to the employment of workers by unlicensed contractors and the utilization of unlicensed contractors and other persons who are not valid independent contractors by licensed contractors.

Section § 1021

Explanation

If someone hires workers to do a job that requires a contractor's license but they don't have one, they will face a $200 fine per worker, for each day those workers are employed. This fine is on top of any other legal consequences they might face.

Any person who does not hold a valid state contractor’s license issued pursuant to Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code, and who employs any worker to perform services for which a license is required, shall be subject to a civil penalty in the amount of two hundred dollars ($200) per employee for each day of employment. The civil penalties provided for by this section are in addition to any other penalty provided by law.

Section § 1021.5

Explanation

If you have a valid contractor’s license in California and hire someone as an independent contractor for work requiring a license, you must ensure that person is either a licensed contractor or meets the standards to be classified as an independent contractor under Section 2750.5. If not, you could be fined $200 for each day the unlicensed or improperly classified person works under your contract. This penalty is additional to any other legal penalties you might face.

Any person who holds a valid state contractor’s license issued pursuant to Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code, and who willingly and knowingly enters into a contract with any person to perform services for which a license is required as an independent contractor, and that person does not meet the burden of proof of independent contractor status pursuant to Section 2750.5 or hold a valid state contractor’s license, shall be subject to a civil penalty in the amount of two hundred dollars ($200) per person so contracted with for each day of the contract. The civil penalties provided for by this section are in addition to any other penalty provided by law.

Section § 1022

Explanation

If the Labor Commissioner finds that someone is breaking specific worker-employment laws, they can issue a written citation to that person. The citation can be delivered in person or through registered mail, and it must detail what law was violated.

If upon inspection or investigation the Labor Commissioner determines that any person is employing workers in violation of Section 1021 or 1021.5, he or she may issue a citation to the person in violation. The citation may be served personally or by registered mail in accordance with subdivision (c) of Section 11505 of the Government Code. Each citation shall be in writing and shall describe the nature of the violation, including reference to the statutory provision alleged to have been violated.

Section § 1023

Explanation

In California, if you receive a citation or a civil penalty from the Labor Commissioner and want to contest it, you have 15 business days to request an informal hearing. After the hearing, the citation may be confirmed, changed, or dismissed. The decision will be communicated by mail, and if any amount is due, it must be paid 45 days after the decision is mailed. If you disagree with the decision, you can appeal to a superior court as long as you agree to cover any court costs.

If you choose not to contest the citation, you can simply pay the specified amount within 15 business days. If you don't object, the Labor Commissioner can file the citation with a superior court, leading to a judgment against you. For judgments issued after a hearing, they also can be filed with the court, and interest will accrue on unpaid amounts as with other debts. The court clerk will handle these filings without charge.

(a)CA Labor Code § 1023(a) If a person desires to contest a citation or the proposed assessment of a civil penalty therefor, he or she shall within 15 business days after service of the citation notify the office of the Labor Commissioner which appears on the citation of his or her request for an informal hearing. The Labor Commissioner or his or her deputy or agent shall, within 30 days, hold a hearing at the conclusion of which the citation or proposed assessment of a civil penalty shall be affirmed, modified, or dismissed. The decision of the Labor Commissioner shall consist of a notice of findings, findings, and order which shall be served on all parties to the hearing within 15 days after the hearing by regular first-class mail at the last known address of the party on file with the Labor Commissioner. Service shall be completed pursuant to Section 1013 of the Code of Civil Procedure. Any amount found due by the Labor Commissioner as a result of a hearing shall become due and payable 45 days after notice of the findings and written findings and order have been mailed to the party assessed. A writ of mandate may be taken from that finding to the appropriate superior court, as long as the party agrees to pay any judgment and costs ultimately rendered by the court against the party for the assessment. The writ shall be taken within 45 days of service of the notice of findings, findings, and order thereon.
(b)CA Labor Code § 1023(b) A person to whom a citation has been issued, shall, in lieu of contesting a citation pursuant to this section, transmit to the office of the Labor Commissioner designated on the citation the amount specified for the violation within 15 business days after issuance of the citation.
(c)CA Labor Code § 1023(c) When no petition objecting to a citation or the proposed assessment of a civil penalty is filed, a certified copy of the citation or proposed civil penalty may be filed 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 amount shown on the citation or proposed assessment of a civil penalty.
(d)CA Labor Code § 1023(d) When findings and the order thereon are made affirming or modifying a citation or proposed assessment of a civil penalty after hearing, a certified copy of the findings and the order entered thereon 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 amount shown on the certified order.
(e)CA Labor Code § 1023(e) 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 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 him or her.

Section § 1024

Explanation

This law aims to ensure quick and effective enforcement of labor laws specifically for the construction industry. Before July 1, 2013, any civil penalties collected under this law were to be put into a special fund called the Industrial Relations Construction Industry Enforcement Fund, dedicated to enforcing these rules. After this date, the penalties are directed to the Labor Enforcement and Compliance Fund.

(a)CA Labor Code § 1024(a) It is the intent of the Legislature in enacting this section to provide for the prompt and effective enforcement of labor laws relating to the construction industry.
(b)CA Labor Code § 1024(b) Before July 1, 2013, all civil penalties collected pursuant to this chapter shall be deposited in the Industrial Relations Construction Industry Enforcement Fund. All moneys in the fund shall be used for the purpose of enforcing this chapter, as appropriated by the Legislature.
(c)CA Labor Code § 1024(c) On or after July 1, 2013, all civil penalties collected pursuant to this chapter shall be deposited in the Labor Enforcement and Compliance Fund.