ARTICLE XIV - LABOR RELATIONS 1-5 :: California Constitution



SECTION 1.  The Legislature may provide for minimum wages and for
the general welfare of employees and for those purposes may confer on
a commission legislative, executive, and judicial powers.





SEC. 2.  Worktime of mechanics or workers on public works may not
exceed eight hours a day except in wartime or extraordinary
emergencies that endanger life or property.  The Legislature shall
provide for enforcement of this section.





SEC. 3.  Mechanics, persons furnishing materials, artisans, and
laborers of every class, shall have a lien upon the property upon
which they have bestowed labor or furnished material for the value of
such labor done and material furnished; and the Legislature shall
provide, by law, for the speedy and efficient enforcement of such
liens.





SEC. 4.  The Legislature is hereby expressly vested with plenary
power, unlimited by any provision of this Constitution, to create,
and enforce a complete system of workers' compensation, by
appropriate legislation, and in that behalf to create and enforce a
liability on the part of any or all persons to compensate any or all
of their workers for injury or disability, and their dependents for
death incurred or sustained by the said workers in the course of
their employment, irrespective of the fault of any party.  A complete
system of workers' compensation includes adequate provisions for the
comfort, health and safety and general welfare of any and all
workers and those dependent upon them for support to the extent of
relieving from the consequences of any injury or death incurred or
sustained by workers in the course of their employment, irrespective
of the fault of any party; also full provision for securing safety in
places of employment; full provision for such medical, surgical,
hospital and other remedial treatment as is requisite to cure and
relieve from the effects of such injury; full provision for adequate
insurance coverage against liability to pay or furnish compensation;
full provision for regulating such insurance coverage in all its
aspects, including the establishment and management of a state
compensation insurance fund; full provision for otherwise securing
the payment of compensation; and full provision for vesting power,
authority and jurisdiction in an administrative body with all the
requisite governmental functions to determine any dispute or matter
arising under such legislation, to the end that the administration of
such legislation shall accomplish substantial justice in all cases
expeditiously, inexpensively, and without incumbrance of any
character; all of which matters are expressly declared to be the
social public policy of this State, binding upon all departments of
the state government.
   The Legislature is vested with plenary powers, to provide for the
settlement of any disputes arising under such legislation by
arbitration, or by an industrial accident commission, by the courts,
or by either, any, or all of these agencies, either separately or in
combination, and may fix and control the method and manner of trial
of any such dispute, the rules of evidence and the manner of review
of decisions rendered by the tribunal or tribunals designated by it;
provided, that all decisions of any such tribunal shall be subject to
review by the appellate courts of this State.  The Legislature may
combine in one statute all the provisions for a complete system of
workers' compensation, as herein defined.
   The Legislature shall have power to provide for the payment of an
award to the State in the case of the death, arising out of and in
the course of the employment, of an employee without dependents, and
such awards may be used for the payment of extra compensation for
subsequent injuries beyond the liability of a single employer for
awards to employees of the employer.
   Nothing contained herein shall be taken or construed to impair or
render ineffectual in any measure the creation and existence of the
industrial accident commission of this State or the state
compensation insurance fund, the creation and existence of which,
with all the functions vested in them, are hereby ratified and
confirmed.





SECTION 5.  (a) The Director of Corrections or any county Sheriff or
other local government official charged with jail operations, may
enter into contracts with public entities, nonprofit or for profit
organizations, entities, or businesses for the purpose of conducting
programs which use inmate labor.  Such programs shall be operated and
implemented pursuant to statutes enacted by or in accordance with
the provisions of the Prison Inmate Labor Initiative of 1990, and by
rules and regulations prescribed by the Director of Corrections and,
for county jail programs, by local ordinances.
   (b) No contract shall be executed with an employer that will
initiate employment by inmates in the same job classification as
non-inmate employees of the same employer who are on strike, as
defined in Section 1132.6 of the Labor Code, as it reads on January
1, 1990, or who are subject to lockout, as defined in Section 1132.8
of the Labor Code, as it reads on January 1, 1990.  Total daily hours
worked by inmates employed in the same job classification as
non-inmate employees of the same employer who are on strike, as
defined in Section 1132.6 of the Labor Code, as it reads on January
1, 1990, or who are subject to lockout, as defined in Section 1132.8
of the Labor Code, as it reads on January 1, 1990, shall not exceed,
for the duration of the strike, the average daily hours worked for
the preceding six months, or if the program has been in operation for
less than six months, the average for the period of operation.
   (c) Nothing in this section shall be interpreted as creating a
right of inmates to work.

Last modified: January 4, 2019