California Labor Code CHAPTER 4 - Division of Labor Standards Enforcement

• Section 79.
  There is in the Department of Industrial Relations the Division of Labor Standards Enforcement. The Division of Labor Standards Enforcement shall be under the direction...
• Section 80.
  The headquarters of the Division of Labor Standards Enforcement, hereafter in this chapter referred to as the division, shall be located in San Francisco.(Added by...
• Section 81.
  The employees of the division shall devote their full time to the work of the division and shall receive their actual necessary traveling expenses. The...
• Section 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...
• Section 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...
• Section 87.
  All persons, other than temporary employees, serving in the state civil service and engaged in the performance of a function transferred pursuant to this chapter,...
• Section 88.
  The personnel records of all employees transferred pursuant to Section 87 shall remain in the Department of Industrial Relations.(Added by Stats. 1976, Ch. 746.)
• Section 89.
  The Division of Labor Standards Enforcement shall have possession and control of all records, books, papers, offices, equipment, supplies, moneys, funds, appropriations, land, and other...
• Section 89.5.
  The Division of Labor Standards Enforcement may expend the money in any appropriation or in any special fund in the State Treasury made available by...
• Section 90.
  The Labor Commissioner, his deputies and agents, shall have free access to all places of labor. Any person, or agent or officer thereof, who refuses...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 90.7.
  When the division determines that an employer has violated Section 226.2, 1021, 1021.5, 1197, or 1771, or otherwise determines that an employer may have failed...
• Section 91.
  Any person who willfully impedes or prevents the Labor Commissioner or his deputies or agents in the performance of duty, is guilty of a misdemeanor,...
• Section 92.
  The Labor Commissioner, his deputies and agents, may issue subpenas to compel the attendance of witnesses and parties and the production of books, papers and...
• Section 93.
  Obedience to subpoenas issued by the Labor Commissioner, or his deputies or agents shall be enforced by the courts. It is a misdemeanor to ignore...
• Section 94.
  The office of the division shall be open for business from 9 o'clock a.m. until 5 o'clock p.m. every day except nonjudicial days, and the...
• Section 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...
• Section 96.
  The Labor Commissioner and his or her deputies and representatives authorized by him or her in writing shall, upon the filing of a claim therefor...
• Section 96.3.
  In cases where employees are covered by a collective bargaining agreement, the collective bargaining representative by virtue of such agreement may be the assignee of...
• Section 96.5.
  The Labor Commissioner shall conduct such hearings as may be necessary for the purpose of Section 7071.11 of the Business and Professions Code. In any...
• Section 96.6.
  The Industrial Relations Unpaid Wage Fund is hereby created as a special fund in the State Treasury, which is continuously appropriated for the purposes of...
• Section 96.7.
  The Labor Commissioner, after investigation and upon determination that wages or monetary benefits are due and unpaid to any worker in the State of California,...
• Section 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...
• Section 97.
  The Labor Commissioner, his deputies and representatives shall not be bound by any rule requiring the consent of the spouse of a married claimant, the...
• Section 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...
• Section 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,...
• Section 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...
• Section 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...
• Section 98.4.
  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...
• Section 98.5.
  The Labor Commissioner shall have the right to intervene in any court proceedings conducted pursuant to Section 98.2 where questions of the interpretation of statutes...
• Section 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...
• Section 98.7.
  (a) (1) Any person who believes that he or she has been discharged or otherwise discriminated against in violation of any law under the jurisdiction of the...
• Section 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...
• Section 98.75.
  The Labor Commissioner shall submit a report to the Legislature by February 15, 1987, and annually thereafter by February 15, providing the following information with...
• Section 98.8.
  The Labor Commissioner shall promulgate all regulations and rules of practice and procedure necessary to carry out the provisions of this chapter.(Added by Stats. 1976,...
• Section 98.9.
  Upon a finding by the Labor Commissioner that a willful or deliberate violation of any of the provisions of the Labor Code, within the jurisdiction...
• Section 98.10.a.
  (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...
• Section 99.
  The division may file preferred claims, mechanics’ liens, and other liens of employees in the name of the Labor Commissioner, his deputy or representative or...
• Section 100.
  The division may join various claimants in one preferred claim or lien as well as list them with the data regarding their claims in an...
• Section 100.5.
  Preferred claims for work performed or personal services rendered are provided for in Sections 1204, 1205, 1206, 1207, and 1208 of the Code of Civil...
• Section 101.
  No court costs of any nature shall be payable by the division, in any civil action to which the division is a party. Any sheriff...
• Section 101.5.
  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...
• Section 102.
  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...
• Section 103.
  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...
• Section 104.
  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,...
• Section 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...
• Section 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...
• Section 107.
  (a) The enforcement of Section 14110.65 of the Welfare and Institutions Code is vested with the State Department of Health Services.(b) Any claim made under Section 14110.65...

Last modified: October 22, 2018