2005 California Labor Code Sections 1701.13-1701.20 Article 6. Remedies

LABOR CODE
SECTION 1701.13-1701.20

1701.13.  A person who willfully violates any provision of this
chapter is guilty of a misdemeanor.  Each violation is punishable by
imprisonment in the county jail for not more than one year, by a fine
not exceeding ten thousand dollars ($10,000), or by both that fine
and imprisonment.  However, payment of restitution to an artist shall
take precedence over the payment of a fine.
1701.15.  The Attorney General, any district attorney, or any city
attorney may institute an action for a violation of this chapter,
including, but not limited to, an action to restrain and enjoin a
violation.
1701.16.  A person who is injured by any violation of this chapter
or by the breach of a contract subject to this chapter may bring an
action for recovery of damages or to restrain and enjoin a violation,
or both.  The amount awarded for damages for a violation of this
chapter may be up to three times the damages actually incurred, but
not less than the amount paid by the artist to the advance-fee talent
service.  When an advance-fee talent service refuses or is unwilling
to pay damages awarded by a judgment that has become final, the
judgment may be satisfied from the bond or deposit maintained by the
Labor Commissioner.  If the plaintiff prevails in an action under
this chapter, the plaintiff shall be awarded reasonable attorney's
fees and costs.  If the court determines, by clear and convincing
evidence, that the breach of contract or violation of this chapter
was willful, the court, in its discretion, may award punitive damages
in addition to any other amounts.
1701.17.  The provisions of this chapter are not exclusive and do
not relieve any person subject to this chapter from the duty to
comply with all other laws.
1701.18.  The remedies provided in this chapter are not exclusive
and shall be in addition to any other remedies or procedures provided
in any other law.
1701.19.  Any waiver by the artist of the provisions of this chapter
is deemed contrary to public policy and void and unenforceable.  Any
attempt by an advance-fee talent service to have an artist waive his
or her rights under this chapter is a violation of this chapter.
1701.20.  If any provision of this chapter or the application
thereof to any person or circumstances is held unconstitutional, the
remainder of the chapter and the application of that provision to
other persons and circumstances shall not be affected thereby.


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