California Labor Code CHAPTER 1 - Wages, Hours and Working Conditions

• Section 1171.
  The provisions of this chapter shall apply to and include men, women and minors employed in any occupation, trade, or industry, whether compensation is measured...
• Section 1171.5.
  The Legislature finds and declares the following:(a) All protections, rights, and remedies available under state law, except any reinstatement remedy prohibited by federal law, are available...
• Section 1173.
  It is the continuing duty of the Industrial Welfare Commission, hereinafter referred to in this chapter as the commission, to ascertain the wages paid to...
• Section 1174.
  Every person employing labor in this state shall:(a) Furnish to the commission, at its request, reports or information that the commission requires to carry out this...
• Section 1174.1.
  (a) Any employer, or other person or entity, who may be liable for a violation of any provision of this code shall be precluded from introducing...
• Section 1174.5.
  Any person employing labor who willfully fails to maintain the records required by subdivision (c) of Section 1174 or accurate and complete records required by...
• Section 1175.
  Any person, or officer or agent thereof, is guilty of a misdemeanor who:(a) Neglects or refuses to furnish the information requested under the provisions of Section...
• Section 1176.
  The commission or any members thereof may subpena witnesses and administer oaths. All witnesses subpenaed by the commission shall be paid the fees and mileage...
• Section 1176.1.
  Any interested party may petition the commission requesting the adoption, amendment, or repeal of a regulation. The petition shall state clearly and concisely all of...
• Section 1176.3.
  (a) Within 120 days of the receipt of a petition requesting the adoption, amendment, or repeal of a regulation, the commission shall notify the petitioner in...
• Section 1177.
  (a) The commission may make and enforce rules of practice and procedure and shall not be bound by the rules of evidence. Each order of the...
• Section 1178.
  If after investigation the commission finds that in any occupation, trade, or industry, the wages paid to employees may be inadequate to supply the cost...
• Section 1178.5.
  (a) If the commission finds that wages paid to employees may be inadequate to supply the cost of proper living, it shall select one wage board...
• Section 1179.
  The members of the wage board shall be allowed fifty dollars ($50) per diem and necessary traveling expenses while engaged in such conferences. The commission...
• Section 1180.
  The proceedings and deliberations of the wage board shall be made a matter of record for the use of the commission, and shall be admissible...
• Section 1181.
  Upon the fixing of the time and place for the holding of a hearing for the purpose of considering and acting upon the proposed regulations...
• Section 1182.
  (a) After receipt of the wage board report and the public hearings on the proposed regulations, the commission may, upon its own motion, amend or rescind...
• Section 1182.1.
  Any action taken by the commission pursuant to Sections 517 and 1182 shall be published in at least one newspaper in each of the Cities...
• Section 1182.4.
  (a) No student employee, camp counselor, or program counselor of an organized camp shall be subject to a minimum wage or maximum hour order of the...
• Section 1182.5.
  (a) The Legislature finds that the time permitted the Industrial Welfare Commission to consider daily overtime compensation petitions that are to be given priority attention by...
• Section 1182.6.
  (a) No employer who continuously operates a manufacturing facility 24 hours a day for seven days a week, and who has had in operation an established...
• Section 1182.7.
  (a) The Legislature finds that the time permitted the Industrial Welfare Commission to consider petitions, including, but not limited to, daily overtime compensation petitions that are...
• Section 1182.8.
  No employer shall be in violation of any provision of any applicable order of the Industrial Welfare Commission relating to credit or charges for lodging...
• Section 1182.11.
  Notwithstanding any other provision of this part, on and after March 1, 1997, the minimum wage for all industries shall not be less than five...
• Section 1182.12.
  (a) Notwithstanding any other provision of this part, on and after July 1, 2014, the minimum wage for all industries shall be not less than nine...
• Section 1182.13.
  (a) The Department of Industrial Relations shall adjust upwards the permissible meals and lodging credits by the same percentage as the increase in the minimum wage...
• Section 1183.
  (a) So far as practicable, the commission, by mail, shall send a copy of the order authorized by Section 1182 to each employer in the occupation...
• Section 1184.
  Any action taken by the commission pursuant to Section 1182 shall be effective on the first day of the succeeding January or July and not...
• Section 1185.
  The orders of the commission fixing minimum wages, maximum hours, and standard conditions of labor for all employees, when promulgated in accordance with the provisions...
• Section 1186.
  A person employed in the practice of pharmacy is not exempt from coverage under any provision of the orders of the Industrial Welfare Commission unless...
• Section 1186.5.
  Notwithstanding any other provision of law, pharmacists engaged in the practice of pharmacy who are employed in the mercantile industry, as defined by Wage Order...
• Section 1187.
  The findings of fact made by the commission are, in the absence of fraud, conclusive.(Enacted by Stats. 1937, Ch. 90.)
• Section 1188.
  Any person aggrieved directly or indirectly by any final rule or regulation of the commission made under this chapter may apply to the commission for...
• Section 1190.
  Nothing in this chapter shall prevent a review or other action permitted by the Constitution and laws of this State by a court of competent...
• Section 1191.
  For any occupation in which a minimum wage has been established, the commission may issue to an employee who is mentally or physically handicapped, or...
• Section 1191.5.
  Notwithstanding the provisions of Section 1191, the commission may issue a special license to a nonprofit organization such as a sheltered workshop or rehabilitation facility...
• Section 1192.
  For any occupation in which a minimum wage has been established, the commission may issue to an apprentice or learner a special license authorizing the...
• Section 1193.
  The commission may fix the maximum number of employees to be employed under the licenses provided for in Sections 1191 and 1192 in any occupation,...
• Section 1193.5.
  The provisions of this chapter shall be administered and enforced by the division. Any authorized representative of the division shall have authority to:(a) Investigate and ascertain...
• Section 1193.6.
  (a) The department or division may, with or without the consent of the employee or employees affected, commence and prosecute a civil action to recover unpaid...
• Section 1194.
  (a) Notwithstanding any agreement to work for a lesser wage, any employee receiving less than the legal minimum wage or the legal overtime compensation applicable to...
• Section 1194.2.
  (a) In any action under Section 98, 1193.6, 1194, or 1197.1 to recover wages because of the payment of a wage less than the minimum wage...
• Section 1194.3.
  An employee may recover attorney’s fees and costs incurred to enforce a court judgment for unpaid wages due pursuant to this code.(Added by Stats. 2011,...
• Section 1194.5.
  In any case in which a person employing an employee has willfully violated any of the laws, regulations, or orders governing the wages, hours of...
• Section 1195.
  Any person may register with the Division of Labor Standards Enforcement a complaint that the wage paid to an employee for whom a minimum wage...
• Section 1195.5.
  The Division of Labor Standards Enforcement shall determine, upon request, whether the wages of employees, which exceed the minimum wages fixed by the commission, have...
• Section 1197.
  The minimum wage for employees fixed by the commission or by any applicable state or local law, is the minimum wage to be paid to...
• Section 1197.1.
  (a) Any employer or other person acting either individually or as an officer, agent, or employee of another person, who pays or causes to be paid...
• Section 1197.2.
  (a) In addition to any other penalty imposed by law, an employer who willfully fails to pay and has the ability to pay a final court...
• Section 1197.5.
  (a) An employer shall not pay any of its employees at wage rates less than the rates paid to employees of the opposite sex for substantially...
• Section 1198.
  The maximum hours of work and the standard conditions of labor fixed by the commission shall be the maximum hours of work and the standard...
• Section 1198.3.
  (a) The Chief of the Division of Labor Standards Enforcement may, when in his or her judgment hardship will result, exempt any employer or employees from...
• Section 1198.4.
  Upon request, the Chief of the Division of Labor Standards Enforcement shall make available to the public any enforcement policy statements or interpretations of orders...
• Section 1198.5.
  (a) Every current and former employee, or his or her representative, has the right to inspect and receive a copy of the personnel records that the...
• Section 1199.
  Every employer or other person acting either individually or as an officer, agent, or employee of another person is guilty of a misdemeanor and is...
• Section 1199.5.
  Every employer or other person acting either individually or as an officer, agent, or employee of another person is guilty of a misdemeanor and is...
• Section 1200.
  In every prosecution for violation of any provision of this chapter, the minimum wage, the maximum hours of work, and the standard conditions of labor...
• Section 1201.
  The commission shall not act as a board of arbitration during a strike or lockout.(Enacted by Stats. 1937, Ch. 90.)
• Section 1202.
  Upon the request of the commission, the department shall cause such statistics and other data and information to be gathered, and investigations made, as the...
• Section 1203.
  The commission may publish and distribute from time to time reports and bulletins covering its operations and proceedings under this chapter and such other matters...
• Section 1204.
  No order made by the commission under the provisions of Sections 1182 or 1184 of this chapter shall be effective unless and until compliance is...
• Section 1205.
  (a) As used in this section:(1) “Local jurisdiction” means any city, county, district, or agency, or any subdivision or combination thereof.(2) “State agency” means any state office, officer,...
• Section 1206.
  Notwithstanding any other provision of law, this code establishes minimum penalties for failure to comply with wage-related statutes and regulations.(Added by Stats. 2011, Ch. 655,...

Last modified: October 22, 2018