2009 California Labor Code - Section 1171-1205 :: Chapter 1. Wages, Hours And Working Conditions

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 by time, piece, or otherwise, but
shall not include any individual employed as an outside salesman or
any individual participating in a national service program carried
out using assistance provided under Section 12571 of Title 42 of the
United States Code.
   Any individual participating in a national service program
pursuant to Section 12571 of Title 42 of the United States Code shall
be informed by the nonprofit, educational institution or other
entity using his or her service, prior to the commencement of service
of the requirement, if any, to work hours in excess of eight hours
per day, or 40 hours per week, or both, and shall have the
opportunity to opt out of that national service program at that time.
Individuals participating in a national service program pursuant to
Section 12571 of Title 42 of the United States Code shall not be
discriminated against or be denied continued participation in the
program for refusing to work overtime for a legitimate reason.

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 to all individuals regardless of immigration status who
have applied for employment, or who are or who have been employed, in
this state.
   (b) For purposes of enforcing state labor and employment laws, a
person's immigration status is irrelevant to the issue of liability,
and in proceedings or discovery undertaken to enforce those state
laws no inquiry shall be permitted into a person's immigration status
except where the person seeking to make this inquiry has shown by
clear and convincing evidence that the inquiry is necessary in order
to comply with federal immigration law.
   (c) The provisions of this section are declaratory of existing
law.
   (d) The provisions of this section are severable. If any provision
of this section or its application is held invalid, that invalidity
shall not affect other provisions or applications that can be given
effect without the invalid provision or application.

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 all employees in this
state, to ascertain the hours and conditions of labor and employment
in the various occupations, trades, and industries in which employees
are employed in this state, and to investigate the health, safety,
and welfare of those employees.
   The commission shall conduct a full review of the adequacy of the
minimum wage at least once every two years. The commission may, upon
its own motion or upon petition, amend or rescind any order or
portion of any order or adopt an order covering any occupation,
trade, or industry not covered by an existing order pursuant to this
chapter.
   Before adopting any new rules, regulations, or policies, the
commission shall consult with the Occupational Safety and Health
Standards Board to determine those areas and subject matters where
the respective jurisdictions of the commission and the Occupational
Safety and Health Standards Board overlap. This consultation need not
take the form of a joint meeting. In the case of such overlapping
jurisdiction, the Occupational Safety and Health Standards Board
shall have exclusive jurisdiction, and rules, regulations, or
policies of the commission on the same subject have no force or
effect.

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 chapter.
The reports and information shall be verified if required by the
commission or any member thereof.
   (b) Allow any member of the commission or the employees of the
Division of Labor Standards Enforcement free access to the place of
business or employment of the person to secure any information or
make any investigation that they are authorized by this chapter to
ascertain or make. The commission may inspect or make excerpts,
relating to the employment of employees, from the books, reports,
contracts, payrolls, documents, or papers of the person.
   (c) Keep a record showing the names and addresses of all employees
employed and the ages of all minors.
   (d) Keep, at a central location in the state or at the plants or
establishments at which employees are employed, payroll records
showing the hours worked daily by and the wages paid to, and the
number of piece-rate units earned by and any applicable piece rate
paid to, employees employed at the respective plants or
establishments. These records shall be kept in accordance with rules
established for this purpose by the commission, but in any case shall
be kept on file for not less than two years.

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 subdivision (d) of Section 1174, or
to allow any member of the commission or employees of the division to
inspect records pursuant to subdivision (b) of Section 1174, shall
be subject to a civil penalty of five hundred dollars ($500).

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 1174.
   (b) Refuses access to his place of business or employment to any
member of the commission or employee of the Division of Labor
Standards Enforcement when administering or enforcing this chapter.
   (c) Hinders such member, or employee in securing information
authorized by Section 1174.
   (d) Fails to keep any of the records required by Section 1174.

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 fixed by law in civil cases. In case of
the failure of a person to comply with an order or subpena of the
commission or any member thereof, or in the case of the refusal of a
witness to testify to any matter regarding which he may lawfully be
interrogated before any wage board or the commission, it shall be the
duty of the superior court or judge thereof, on the application of a
member of the commission, to compel obedience in a manner by which
such obedience could be compelled in a proceeding pending before the
court.

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 the following:
   (a) The substance or nature of the regulation, amendment, or
repeal that is requested.
   (b) The reason for the request.
   (c) Reference to the commission's authority to take the action
that is requested.

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 writing of the receipt of the
petition, set the matter for consideration at a public meeting, and
issue a written decision taking one of the following actions:
   (1) Setting the matter for public hearing pursuant to Section 1178
or 1178.5.
   (2) Denying the petition. A decision denying a petition shall
include a statement explaining the reasons for the denial.
   (b) The petitioner may request reconsideration of any part or all
of a decision denying a petition pursuant to paragraph (2) of
subdivision (a) of Section 1176.3. The commission's reconsideration
of any matter relating to a petition shall be subject to subdivision
(a), except that a decision to deny reconsideration shall be final.
   (c) In cases where a petition is referred to a wage board, the
commission shall complete its final actions on the petition within 90
days after completion of the public hearing process pursuant to
subdivision (c) of Section 1178.5.

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 commission shall be concurred in by a majority of the
commissioners.
   (b) The commission shall prepare a statement as to the basis upon
which an adopted or amended order is predicated. The statement shall
be concurred in by a majority of the commissioners. The commission
shall publish a copy of the statement with the order in the
California Regulatory Notice Register. The commission also shall
provide a copy of the statement to any interested party upon request.

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 of proper living, or that the hours or
conditions of labor may be prejudicial to the health, morals, or
welfare of employees, the commission shall select a wage board to
consider any of such matters and transmit to such wage board the
information supporting its findings gathered in the investigation.
Such investigation shall include at least one public hearing.

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 composed of an equal number of representatives
of employers and employees, and a nonvoting representative of the
commission, designated by the commission, who shall act as
chairperson. The wage board shall consider the findings of the
commission and such other information it deems appropriate and report
to the commission its recommendation of a minimum wage adequate to
supply the necessary cost of proper living to, and maintain the
health and welfare of employees in this state, and its
recommendations on such other matters related to the minimum wage on
which the commission has requested recommendations.
   (b) If the commission finds that hours or conditions of labor may
be prejudicial to the health or welfare of employees in any
occupation, trade, or industry, it shall select a wage board composed
of an equal number of representatives of employers and employees in
the occupation, trade, or industry in question, and a nonvoting
representative of the commission, designated by the commission, who
shall act as chairperson. The wage board shall consider the findings
of the commission and such other information it deems appropriate and
report to the commission its recommendation as to what action should
be taken by the commission with respect to the matter under
consideration.
   (c) Prior to amending or rescinding any existing order or adopting
any new order, and after receipt of the wage board report and
recommendation, the commission shall prepare proposed regulations
with respect to the matter under consideration. The proposed
regulations shall include any recommendation of the wage board which
received the support of at least two-thirds of the members of the
wage board. A public hearing on the proposed regulations shall be
held in each of at least three cities in this state, except when the
proposed regulations would affect only an occupation, trade, or
industry which is not statewide in scope, in which case a public
hearing shall be held in the locality in which the occupation, trade,
or industry prevails. The proceedings shall be recorded and
transcribed and shall thereafter be a matter of public record.

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 shall make rules governing the number
and selection of the members and the mode of procedure of the wage
board, and shall exercise exclusive jurisdiction over all questions
as to the validity of the procedure.

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 as evidence in any proceedings before the commission.

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 or any matters referred to in Sections 1176 to 1180,
inclusive, the commission shall:
   (a) Give public notice thereof by advertisement in at least one
newspaper published in each of the cities of Los Angeles, Oakland,
Sacramento, San Jose, Fresno, Eureka, San Diego, Long Beach, Alameda,
Berkeley, Stockton, San Bernardino, and San Francisco.
   (b) Mail a copy of the notice and the proposed regulations to the
clerk of the superior court of each county in the state to be posted
at the courthouse; to each association of employers or employees
which, in the opinion of the commission, would be affected by the
hearing; and to any person or organization within this state filing
with the commission a written request for notice of such hearing.
Failure to mail such notice shall not invalidate any order of the
commission issued after such hearing.
   The notice shall also state the time and place fixed for the
hearing, which shall not be less than 30 days from the date of
publication and mailing of such notices.

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 an existing order or promulgate a new
order. However, with respect to proposed regulations based on
recommendations supported by at least two-thirds of the members of
the wage board, the commission shall adopt such proposed regulations,
unless it finds there is no substantial evidence to support such
recommendations.
   (b) If at any time the federal minimum wage applicable to
employees covered by the Fair Labor Standards Act of 1938, as
amended, prior to February 1, 1967, is scheduled to exceed the
minimum wage fixed by the commission, the provisions of Sections 1178
and 1178.5 pertaining to wage boards shall be waived and the
commission shall, in a public meeting, adopt an order fixing a new
minimum wage at the scheduled higher federal minimum wage. The
effective date of such order shall be the same as the effective date
of the federal minimum wage, and such order shall not become
operative in the event the scheduled increase in the federal minimum
wage does not become operative.

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 of Los Angeles, Sacramento, Oakland, San Jose, Fresno, San
Diego, and San Francisco. A summary of the action taken and notice of
where the complete text of the new or amended order may be obtained
may be published in lieu of the complete text when the commission
determines such summary and notice will adequately inform the public.
The statement as to the basis of the order need not be published.

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 commission if the student employee, camp
counselor, or program counselor receives a weekly salary of at least
85 percent of the minimum wage for a 40-hour week, regardless of the
number of hours per week the student employee, camp counselor, or
program counselor might work at the organized camp. If the student
employee, camp counselor, or program counselor works less than 40
hours per week, the student employee, camp counselor, or program
counselor shall be paid at least 85 percent of the minimum hourly
wage for each hour worked.
   (b) An organized camp may deduct the value of meals and lodging
from the salary of a student employee, camp counselor, or program
counselor pursuant to appropriate orders of the commission.
   (c) As used in this section, "organized camp" means an organized
camp, as defined in Section 18897 of the Health and Safety Code,
which meets the standards of the American Camping Association.

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 the commission
pursuant to Section 20 of Chapter 1083 of the Statutes of 1980, has
created unanticipated delays in the review and possible modification
of applicable commission orders for preexisting workweek
arrangements, as defined in subdivision (b). The Legislature finds
further that legislation is necessary to provide redress of hardships
resulting from these unanticipated delays by the enactment of
special commission review procedures that augment, and do not limit
in any way, the rights and privileges of parties before the
Industrial Welfare Commission under this chapter.
   (b) For purposes of this section only, a "preexisting workweek
arrangement" is defined as, and limited to, a workweek arrangement
that existed before November 1980, and had to be modified or
abandoned by an employer because the workweek arrangement did not
qualify for any exemption provided by the Industrial Welfare
Commission from its daily overtime requirements for collectively
bargained arrangements, and did not otherwise comply with the daily
overtime requirements of an applicable commission order.
   (c) An employer who has had in operation an established
preexisting workweek arrangement may, prior to July 1, 1985, file a
verified petition with the commission for review and modification of
an applicable order and, upon filing this petition, shall
simultaneously file a copy with the Labor Commissioner. Upon receipt
of the petition by the Labor Commissioner a stay of enforcement of
the applicable commission order as it would affect the workweek
arrangement shall take effect. The Labor Commissioner may reject a
petition that, on its face, cannot qualify as a preexisting workweek
arrangement. Within three months of commencement of the stay the
Labor Commissioner shall certify the preexisting workweek arrangement
to the commission if, upon examination, the Labor Commissioner finds
that all of the following conditions are met by the workweek
arrangement:
   (1) It was established by the petitioning employer and was in
operation prior to November 1980.
   (2) It had to be abandoned or modified by the employer because of
noncompliance with the applicable order of the commission.
   (3) It was established on a nondiscriminatory basis with the
support of affected employees and it continues to have the support of
two-thirds of the employees in the covered work group.
   (4) It complied with all applicable standards of the commission,
other than daily overtime requirements.
   (5) It is found, after consultation with the Director of
Industrial Relations when appropriate, not to be adverse to the
health and welfare of affected employees.
   In the course of examining a preexisting workweek arrangement and
following certification, the Labor Commissioner shall not divert any
of the resources of the Division of Labor Standards Enforcement for
the purpose of investigating, prosecuting, or otherwise acting upon
any alleged violations of the daily overtime provisions of an
applicable commission order during any period in 1980 in which a
court-issued stay of enforcement was in effect for these provisions;
provided, the workweek arrangement involved was in operation during
that period in good faith reliance by the employer upon the
court-issued stay of enforcement and with the approval of two-thirds
of the employer's affected employees.
   (d) In the course of examining a petition for certification to the
commission, the Labor Commissioner shall have access to all
pertinent records of the petitioning employer and shall have the
authority to converse with affected employees of the employer without
the presence of management. Until the commission takes action on a
petition, the Labor Commissioner shall retain the authority to
withdraw a certification to the commission for cause.
   (e) Upon receipt by the commission of the Labor Commissioner's
certification of a preexisting workweek arrangement, the stay of
enforcement shall continue as hereinafter provided beyond the
three-month period for certification until modified or rescinded by
the commission. The modification or rescission shall not be made
without an appropriate hearing and findings regarding the applicable
order. If the commission undertakes review of the applicable order,
the stay of enforcement shall continue through the review process and
until any resulting modification of the applicable order, in which
case, the modified order shall become applicable to the preexisting
workweek arrangement.

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 preexisting workweek arrangement, as defined
in subdivision (b), shall be in violation of this code or any
applicable wage order of the commission by instituting, pursuant to
an agreement voluntarily executed by the employer and at least
two-thirds of the affected employees before the performance of the
work, a regularly scheduled workweek that includes three working days
of not more than 12 hours a day, or regularly scheduled workweeks
that include three working days of not more than 12 hours a day one
week and four working days of not more than 12 hours a day in the
following week for an average workweek of 42 hours over a two-week
period.
   (b) For purposes of this section only, a "preexisting workweek
arrangement" is defined as, and limited to, a workweek arrangement
that existed before November 1980, and had to be modified or
abandoned by an employer because the workweek arrangement did not
qualify for any exemption provided by the Industrial Welfare
Commission from its daily overtime requirements for collectively
bargained arrangements, and did not otherwise comply with the daily
overtime requirements of an applicable commission order.
   (c) The agreement described in subdivision (a) shall be confirmed
by an affirmative vote by secret ballot by at least two-thirds of the
affected employees, and may be rescinded at any time by a two-thirds
vote of the affected employees. A new vote on whether the agreement
described in subdivision (a) shall be continued shall be held every
three years, and an affirmative vote by at least two-thirds of the
affected employees shall be necessary to continue the agreement.
   (d) The employer shall not be required to pay premium wage rates
to employees working a schedule described in subdivision (a) unless
the employee is required or permitted to work more than 12 hours in
any workday, more than the scheduled three or four days in any
workweek, or more than 40 hours in any workweek.
   (e) This section shall not apply to any employer who is now, or in
the future becomes, a party to a collective-bargaining agreement
covering employees who would otherwise be covered by this section.
   (f) No employee working a schedule described in subdivision (a)
shall be required to work more than four consecutive days within
seven consecutive days.

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 to be
given priority attention by the commission pursuant to Section 20 of
Chapter 1083 of the Statutes of 1980, has created unanticipated and
unwarranted delays in the review and possible modification of
applicable commission orders. The Legislature finds further that
legislation is necessary to provide redress of hardships resulting
from these delays by the enactment of special commission review
procedures that augment, and do not limit in any way, the rights and
privileges of parties before the Industrial Welfare Commission under
this chapter.
   (b) Notwithstanding any other provisions of this chapter to the
contrary, if a labor organization or a trade association recognized
in the health care industry files or has filed a petition with the
commission that requests an amendment to an order of the commission
that would directly regulate only the health care industry, the
petitioner may request that the ordinary procedure established by
this chapter for the review of petitions of this nature not be used
and that the procedure specified in subdivisions (c) and (d) be
followed instead. If the request is made by the petitioner, the
commission shall be required to follow the procedure specified in
subdivisions (c) and (d).
   (c) Upon the filing of a request under subdivision (b), the
procedure to revise an order of the commission provided in Sections
1178 to 1182, inclusive, shall be waived. In lieu of that procedure,
the commission shall propose the adoption of or may reject the
petition, in whole or in part, without appointing a wage board. The
commission shall act on the petition within 45 days of the date the
petition is originally filed. If the commission rejects the petition,
it shall state its reasons for rejection.
   The commission shall thereafter conduct hearings on any proposal
to adopt the petition in whole or in part in the manner specified in
subdivision (c) of Section 1178.5 and publish the proposed action in
the manner provided in Section 1181. However, the hearings shall be
conducted within 90 days of the date the petition is originally
filed.
   (d) Not more than 30 days following the hearings specified in
subdivision (c), the commission shall take final action with respect
to its proposal. No later than 15 days following final action, notice
of the action taken shall be given in the manner provided for in
Sections 1182.1 and 1183. Any action adopting, amending, or repealing
an order of the commission pursuant to this section shall take
effect 60 days following the date of this notice.
   (e) Notwithstanding any other provisions of this chapter, the
commission shall not adopt, amend, or repeal a proposal which has
been changed from that which has originally been made available to
the public, unless the change is nonsubstantive in nature and the
commission complies with the procedure specified in this subdivision.
   If a substantive change is made to the original proposal after the
close of the public hearing, the full text of the resulting change
shall be noticed within five days and made available to the public
for comments for at least 10 days before the commission adopts,
amends, or repeals the regulation. No later than 10 days following
the close of the public comment period, the commission shall take
final action with respect to its modified proposal, and give notice
of that action within 10 days in the manner provided in Sections
1182.1 and 1183. In no case shall any action adopting, amending, or
repealing an order take effect more than 60 days following the close
of the public comment period.

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 for charging, pursuant to a voluntary
written agreement, a resident apartment manager up to two-thirds of
the fair market rental value of the apartment supplied to the
manager, if no credit for the apartment is used to meet the employer'
s minimum wage obligation to the manager.

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 dollars ($5.00) per hour; on and after March 1, 1998,
the minimum wage for all industries shall not be less than five
dollars and seventy-five cents ($5.75) per hour. The Industrial
Welfare Commission shall, at a public meeting, adopt minimum wage
orders consistent with this section without convening wage boards,
which wage orders shall be final and conclusive for all purposes.

1182.12.  Notwithstanding any other provision of this part, on and
after January 1, 2007, the minimum wage for all industries shall be
not less than seven dollars and fifty cents ($7.50) per hour, and on
and after January 1, 2008, the minimum wage for all industries shall
be not less than eight dollars ($8.00) per hour.

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 made pursuant to
Section 1182.12.
   (b) The Department of Industrial Relations shall amend and
republish the Industrial Welfare Commission's wage orders to be
consistent with this section and Section 1182.12. The department
shall make no other changes to the wage orders of the Industrial
Welfare Commission that are in existence on the effective date of
this section. The department shall meet the requirements set forth in
Section 1183.
   (c) Every employer that is subject to an amended republished order
under this section shall post a copy of the order and keep it posted
in a conspicuous location frequented by employees during the hours
of the workday as required by Section 1183.
   (d) Wage orders that are amended and republished as required under
this section shall be final and conclusive for all purposes and
dispositive of all pending petitions before the Industrial Welfare
Commission as of the effective date of the act adding this section.
Any amendment and republication pursuant to this section shall be
exempt from the rulemaking provisions of the Administrative Procedure
Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code), and from the
procedures set forth in Sections 1177, 1178.5, 1181, 1182, and
1182.1.

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 or industry in question, and each employer shall
post a copy of the order in the building in which employees affected
by the order are employed. The commission shall also send a copy of
the order to each employer registering his or her name with the
commission for that purpose, but failure to mail the order or notice
of the order to any employer affected by the order shall not relieve
the employer from the duty of complying with the order.
   (b) The commission shall prepare a summary of the regulations
contained in its orders. The summary shall be printed on the first
page of the document containing the full text of the order. The
summary shall include a brief description of the following subjects
of the orders: minimum wage, hours and days of work, reporting time,
pay records, cash shortages and breakage, uniforms and equipment,
meals and lodging, meal and rest periods, and seats. The summary
shall also include information as to how to contact the field office
of the Division of Labor Standards Enforcement, how to obtain a copy
of the full text of the order and the statement as to the basis for
the order, and any other information the commission deems necessary.
The commission, at its discretion, may prepare a separate summary for
each order or any combination of orders, or it may incorporate the
regulations of all its orders into a single summary.
   (c) A finding by the commission that there has been publication of
any action taken by the commission as required by Section 1182.1 is
conclusive as to the obligation of an employer to comply with the
order.
   (d) Every employer who is subject to an order of the commission
shall post a copy of the order and keep it posted in a conspicuous
location frequented by employees during the hours of the workday.

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 less than 60 days from the date of publication pursuant to
Section 1182.1.

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 of this chapter, shall
be valid and operative and such orders are hereby expressly exempted
from the provisions of Article 5 (commencing with Section 11346) of
Chapter 3.5 of Part 1 of Division 3 of Title 2 of the Government
Code.

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 he or she individually meets the criteria
established for exemption as executive or administrative employees.
No person employed in the practice of pharmacy may be subject to any
exemption from coverage under the orders of the Industrial Welfare
Commission established for professional employees.

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 7 of the Industrial
Welfare Commission, shall be permitted to adopt alternative workweek
schedules allowed by the provisions of Wage Order 4, including the
provisions for alternative workweeks that can be adopted by employees
working in the health care industry.

1187.  The findings of fact made by the commission are, in the
absence of fraud, conclusive.

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 a rehearing in respect to any matters determined
or covered therein and specified in the application for rehearing
within twenty days after the publication thereof. The application for
rehearing shall be verified and shall state fully the grounds upon
which the application for rehearing is based. The commission upon
considering an application for rehearing may grant the same by order
and notice thereof given by mail to the party applying for the
rehearing, and fix a time for the rehearing and reconsider its order,
rule, or regulation. The commission may redetermine the matter upon
the record before it and give notice of its redetermination in the
same manner as provided for service of an original order, rule, or
regulation. The commission may deny such rehearing upon the record
before it, giving notice of its decision by mail to the applicant
therefor. Such rehearing is deemed to be denied unless acted upon by
the commission within thirty days after being filed.

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 jurisdiction with reference to any order, rule, or
regulation of the commission under this chapter.

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 both, a special license authorizing the
employment of the licensee for a period not to exceed one year from
date of issue, at a wage less than the legal minimum wage. The
commission shall fix a special minimum wage for the licensee. Such
license may be renewed on a yearly basis.

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 to permit the
employment of employees who have been determined by the commission
to meet the requirements in Section 1191 without requiring individual
licenses of such employees. The commission shall fix a special
minimum wage for such employees. The special license for the
nonprofit corporation shall be renewed on a yearly basis, or more
frequently as determined by the commission.

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 employment of such apprentice or
learner for the time and under the conditions which the commission
determines and at a wage less than the legal minimum wage. The
commission shall fix a special wage for such apprentice or learner.

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, trade, industry, or establishment in which a minimum
wage has been established.

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 the wages of all employees, and the
hours and working conditions of all employees employed in any
occupation in the state;
   (b) Supervise the payment of unpaid minimum wages or unpaid
overtime compensation owing to any employee under the provisions of
this chapter or the orders of the commission. Acceptance of payment
of sums found to be due on demand of the division shall constitute a
waiver on the part of the employee of his or her cause of action
under Section 1194.
   Unpaid minimum wages or unpaid overtime wages recovered by the
division under the provisions of this section which for any reason
cannot be delivered within six months from date of collection to the
employee for whom such wages were collected shall be deposited into
the Industrial Relations Unpaid Wage Fund in the State Treasury.

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 minimum wages or unpaid overtime
compensation, including interest thereon, owing to any employee under
this chapter or the orders of the commission, and, in addition to
these wages, compensation, and interest, shall be awarded reasonable
attorney's fees, and costs of suit. The consent of any employee to
the bringing of this action shall constitute a waiver on the part of
the employee of his or her cause of action under Section 1194 unless
the action is dismissed without prejudice by the department or the
division.
   (b) The amendments made to this section by Chapter 825 of the
Statutes of 1991 shall apply only to civil actions commenced on or
after January 1, 1992.

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 the employee is entitled to
recover in a civil action the unpaid balance of the full amount of
this minimum wage or overtime compensation, including interest
thereon, reasonable attorney's fees, and costs of suit.
   (b) The amendments made to this section by Chapter 825 of the
Statutes of 1991 shall apply only to civil actions commenced on or
after January 1, 1992.

1194.2.  (a) In any action under Section 1193.6 or Section 1194 to
recover wages because of the payment of a wage less than the minimum
wage fixed by an order of the commission, an employee shall be
entitled to recover liquidated damages in an amount equal to the
wages unlawfully unpaid and interest thereon. Nothing in this
subdivision shall be construed to authorize the recovery of
liquidated damages for failure to pay overtime compensation.
   (b) Notwithstanding subdivision (a), if the employer demonstrates
to the satisfaction of the court that the act or omission giving rise
to the action was in good faith and that the employer had reasonable
grounds for believing that the act or omission was not a violation
of any provision of the Labor Code relating to minimum wage, or an
order of the commission, the court may, in its discretion, refuse to
award liquidated damages or award any amount of liquidated damages
not exceeding the amount specified in subdivision (a).
   (c) This section only shall apply to civil actions commenced on or
after January 1, 1992.

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 work, or working conditions of such employee, the
division may seek, in a court of competent jurisdiction, and the
court may grant, an injunction against any further violations of any
such laws, regulations, or orders by such person.

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 has been fixed by the commission is less than that rate.
The division shall investigate the matter and take all proceedings
necessary to enforce the payment of a wage not less than the minimum
wage.

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 been correctly
computed and paid. For this purpose, the division may examine the
books, reports, contracts, payrolls and other documents of the
employer relative to the employment of employees. The division shall
enforce the payment of any sums found, upon examination, to be due
and unpaid to the employees.

1197.  The minimum wage for employees fixed by the commission is the
minimum wage to be paid to employees, and the payment of a less wage
than the minimum so fixed is unlawful.

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 to any employee a wage less than the minimum fixed
by an order of the commission shall be subject to a civil penalty as
follows:
   (1) For any initial violation that is intentionally committed, one
hundred dollars ($100) for each underpaid employee for each pay
period for which the employee is underpaid.
   (2) For each subsequent violation for the same specific offense,
two hundred fifty dollars ($250) for each underpaid employee for each
pay period for which the employee is underpaid regardless of whether
the initial violation is intentionally committed.
   (b) If, upon inspection or investigation, the Labor Commissioner
determines that a person has paid or caused to be paid a wage less
than the minimum, the Labor Commissioner 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. The Labor
Commissioner promptly shall take all appropriate action, in
accordance with this section, to enforce the citation and to recover
the civil penalty assessed in connection with the citation.
   (c) If a person desires to contest a citation or the proposed
assessment of a civil penalty therefor, the person shall, within 15
business days after service of the citation, notify the office of the
Labor Commissioner that 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 an order, all of 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 this finding to the appropriate superior court. The
party shall 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.
   (d) 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.
   (e) 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 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.
   (f) 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 these 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.
   (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
him or her.
   (h) The civil penalties provided for in this section are in
addition to any other penalty provided by law.
   (i) This section shall not apply to any order of the commission
relating to household occupations.

1197.5.  (a) No employer shall pay any individual in the employer's
employ at wage rates less than the rates paid to employees of the
opposite sex in the same establishment for equal work on jobs the
performance of which requires equal skill, effort, and
responsibility, and which are performed under similar working
conditions, except where the payment is made pursuant to a seniority
system, a merit system, a system which measures earnings by quantity
or quality of production, or a differential based on any bona fide
factor other than sex.
   (b) Any employer who violates subdivision (a) is liable to the
employee affected in the amount of the wages, and interest thereon,
of which the employee is deprived by reason of the violation, and in
an additional equal amount as liquidated damages.
   (c) The provisions of this section shall be administered and
enforced by the Division of Labor Standards Enforcement. If the
division finds that an employer has violated this section, it may
supervise the payment of wages and interest found to be due and
unpaid to employees under subdivision (a). Acceptance of payment in
full made by an employer and approved by the division shall
constitute a waiver on the part of the employee of the employee's
cause of action under subdivision (g).
   (d) Every employer shall maintain records of the wages and wage
rates, job classifications, and other terms and conditions of
employment of the persons employed by the employer. All of the
records shall be kept on file for a period of two years.
   (e) Any employee may file a complaint with the division that the
wages paid are less than the wages to which the employee is entitled
under subdivision (a). These complaints shall be investigated as
provided in subdivision (b) of Section 98.7. The name of any employee
who submits to the division a complaint regarding an alleged
violation of subdivision (a) shall be kept confidential by the
division until validity of the complaint is established by the
division, or unless the confidentiality must be abridged by the
division in order to investigate the complaint. The name of the
complaining employee shall remain confidential if the complaint is
withdrawn before the confidentiality is abridged by the division. The
division shall take all proceedings necessary to enforce the payment
of any sums found to be due and unpaid to these employees.
   (f) The department or division may commence and prosecute, unless
otherwise requested by the employee or affected group of employees, a
civil action on behalf of the employee and on behalf of a similarly
affected group of employees to recover unpaid wages and liquidated
damages under subdivision (a), and in addition shall be entitled to
recover costs of suit. The consent of any employee to the bringing of
any action shall constitute a waiver on the part of the employee of
the employee's cause of action under subdivision (g) unless the
action is dismissed without prejudice by the department or the
division, except that the employee may intervene in the suit or may
initiate independent action if the suit has not been determined
within 180 days from the date of the filing of the complaint.
   (g) Any employee receiving less than the wage to which the
employee is entitled under this section may recover in a civil action
the balance of the wages, including interest thereon, and an equal
amount as liquidated damages, together with the costs of the suit and
reasonable attorney's fees, notwithstanding any agreement to work
for a lesser wage.
   (h) A civil action to recover wages under subdivision (a) may be
commenced no later than two years after the cause of action occurs,
except that a cause of action arising out of a willful violation may
be commenced no later than three years after the cause of action
occurs.
   (i) If an employee recovers amounts due the employee under
subdivision (b), and also files a complaint or brings an action under
subdivision (d) of Section 206 of Title 29 of the United States Code
which results in an additional recovery under federal law for the
same violation, the employee shall return to the employer the amounts
recovered under subdivision (b), or the amounts recovered under
federal law, whichever is less.

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 conditions of labor for employees. The employment of any
employee for longer hours than those fixed by the order or under
conditions of labor prohibited by the order is unlawful.

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 any mandatory day or days off
requirement contained in any order of the commission. Any exemption
granted by the chief pursuant to this section shall be only of
sufficient duration to permit the employer or employees to comply
with the requirements contained in the order of the commission, but
not more than one year. The exemption may be renewed by the chief
only after he or she has investigated and is satisfied that a good
faith effort is being made to comply with the order of the
commission.
   (b) No employer shall discharge or in any other manner
discriminate against any employee who refuses to work hours in excess
of those permitted by the order of the commission.

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 of the Industrial Welfare
Commission. Copies of such policy statements shall be furnished to
the Industrial Welfare Commission.

1198.5.  (a) Every employee has the right to inspect the personnel
records that the employer maintains relating to the employee's
performance or to any grievance concerning the employee.
   (b) The employer shall make the contents of those personnel
records available to the employee at reasonable intervals and at
reasonable times. Except as provided in paragraph (3) of subdivision
(c), the employer shall not be required to make those personnel
records available at a time when the employee is actually required to
render service to the employer.
   (c) The employer shall do one of the following:
   (1) Keep a copy of each employee's personnel records at the place
where the employee reports to work.
   (2) Make the employee's personnel records available at the place
where the employee reports to work within a reasonable period of time
following an employee's request.
   (3) Permit the employee to inspect the personnel records at the
location where the employer stores the personnel records, with no
loss of compensation to the employee.
   (d) The requirements of this section shall not apply to:
   (1) Records relating to the investigation of a possible criminal
offense.
   (2) Letters of reference.
   (3) Ratings, reports, or records that were:
   (A) Obtained prior to the employee's employment.
   (B) Prepared by identifiable examination committee members.
   (C) Obtained in connection with a promotional examination.
   (4) Employees who are subject to the Public Safety Officers
Procedural Bill of Rights, Chapter 9.7 (commencing with Section 3300)
of Division 4 of Title 1 of the Government Code.
   (5) Employees of agencies subject to the Information Practices Act
of 1977 (Title 1.8 (commencing with Section 1798) of Part 4 of
Division 3 of the Civil Code).
   (e) The Labor Commissioner may adopt regulations that determine
the reasonable times and reasonable intervals for the inspection of
records maintained by an employer that is not a public agency.
   (f) If a public agency has established an independent employee
relations board or commission, an employee shall first seek relief
regarding any matter or dispute relating to this section from that
board or commission before pursuing any available judicial remedy.
   (g) In enacting this section, it is the intent of the Legislature
to establish minimum standards for the inspection of personnel
records by employees. Nothing in this section shall be construed to
prevent the establishment of additional rules for the inspection of
personnel records that are established as the result of agreements
between an employer and a recognized employee organization.

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 punishable by a fine of not less than one hundred
dollars ($100) or by imprisonment for not less than 30 days, or by
both, who does any of the following:
   (a) Requires or causes any employee to work for longer hours than
those fixed, or under conditions of labor prohibited by an order of
the commission.
   (b) Pays or causes to be paid to any employee a wage less than the
minimum fixed by an order of the commission.
   (c) Violates or refuses or neglects to comply with any provision
of this chapter or any order or ruling of the commission.

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 punishable by a fine of not more than ten
thousand dollars ($10,000), or by imprisonment for not more than six
months, or by both, who willfully does any of the following:
   (a) Pays or causes to be paid any employee a wage less than the
rate paid to an employee of the opposite sex as required by Section
1197.5.
   (b) Reduces the wages of any employee in order to comply with
Section 1197.5.
   No person shall be imprisoned pursuant to this section except for
an offense committed after the conviction of the person for a prior
offense pursuant to this 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 fixed by the commission shall be
presumed to be reasonable and lawful.

1201.  The commission shall not act as a board of arbitration during
a strike or lockout.

1202.  Upon the request of the commission, the Division of Labor
Statistics and Research shall cause such statistics and other data
and information to be gathered, and investigations made, as the
commission may require. The cost thereof shall be paid out of the
appropriations made for the expenses of the commission.

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 relative thereto which it deems
advisable.

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 had with the provisions of Section 1178 of this
code.

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, department,
division, bureau, board, commission, or agency, or any subdivision
thereof.
   (3) "Labor standards" means any legal requirements regarding wages
paid, hours worked, and other conditions of employment.
   (b) Nothing in this part shall be deemed to restrict the exercise
of local police powers in a more stringent manner.
   (c) When a local jurisdiction expends funds that have been
provided to it by a state agency, operates a program that has
received assistance from a state agency, or engages in an activity
that has received assistance from a state agency, labor standards
established by the local jurisdiction through exercise of local
police powers or spending powers shall take effect with regard to
that expenditure, program, or activity, so long as those labor
standards are not in explicit conflict with, or explicitly preempted
by, state law. A state agency may not require as a condition to the
receipt of state funds or assistance that a local jurisdiction
refrain from applying labor standards established by the local
jurisdiction to expenditures, programs, or activities supported by
the state funds or assistance in question.