2007 California Labor Code Article 3. Special Occupations

CA Codes (lab:270-272)

270.  No person, or agent or officer thereof, engaged in the
business of extracting or of extracting and refining or reducing
minerals other than petroleum, except persons having a free and
unencumbered title to the fee of the property being worked and except
mining partnerships in respect to the members of the partnership,
shall fail or neglect, before commencing work in any period for which
a single payment of wages is made, to have on hand or on deposit
with a bank or trust company, in the county where such property is
located or if there is no bank or trust company in the county, then
in the bank or trust company nearest the property, cash or readily
salable securities of a market value sufficient to pay the wages of
every person employed on the mining property, or in connection
therewith, for such period.
   Any person, or agent or officer thereof, who violates this section
is guilty of a misdemeanor.



270.5.  (a) No person, agent or officer thereof, or logging
contractor, or sawmill operations contractor, engaged in the business
of logging or operating a sawmill for converting logs into lumber,
except in the case of logging or sawmill operations of persons having
a free and unencumbered title to the fee of real property in this
state, of a market value sufficient to pay the wages of every person
employed in connection with such operations in any period for which a
single payment of wages is made, shall fail or neglect, before
commencing work in any period for which such single payment of wages
is made, or for four calendar weeks, whichever is the longer, to do
one of the following:
   (1) Have on hand or on deposit with a bank or trust company, in
the county where such business is conducted, or if there is no bank
or trust company in the county, then in the bank or trust company
nearest such operations, cash or readily salable securities of a
market value sufficient to pay the wages of every person employed in
connection with such operations for such period.
   (2) Deposit with the Labor Commissioner the bond of a surety
company authorized to do business within the state, acceptable to the
Labor Commissioner, conditioned upon the payment of all wages found
by the Labor Commissioner to be due and unpaid in connection with
such operations.
   (b) The cash and securities on deposit referred to in subdivision
(a) shall not be commingled with other deposits, securities or
property of the employer and shall be held in trust and shall not be
used for any other purpose than paying the wages due employees.  Such
moneys so held in trust are not subject to the enforcement of a
money judgment by any other creditor of the employer.
   (c) Any person, agent or officer thereof, or logging contractor,
or sawmill operations contractor, who violates this section is guilty
of a misdemeanor.


270.6.  (a) No person, or agent or officer thereof, without a
permanent and fixed place of business or residence in this state who
uses or employs any person in the door-to-door selling of any
merchandise, in any similar itinerant activity, or in any telephone
solicitation, shall fail or neglect, before commencing work in any
period for which any single payment of wages is made or for four
calendar weeks, whichever is longer, to do any one of the following:

   (1) Have on hand or on deposit with a bank or trust company in the
county where the business is conducted, or if there is no bank or
trust company in the county, then in the bank or trust company
nearest these operations, cash or readily salable securities of a
market value sufficient to pay the wages of every person employed in
connection with these operations for that period described in this
subdivision.
   (2) Deposit with the Labor Commissioner the bond of a surety
company authorized to do business within the state, acceptable to the
Labor Commissioner, conditioned upon the payment of all wages found
to be due and unpaid in connection with these operations under any
provision of this code.
   (3) Deposit with the Labor Commissioner a time certificate of
deposit indicating that the person, agent, or officer subject to this
section has deposited with a bank or trust company cash payable to
the order of the Labor Commissioner sufficient to pay the wages of
every person employed in connection with these operations for that
period described in this subdivision.
   (b) The cash and securities on deposit referred to in subdivision
(a) shall not be commingled with other deposits, securities, or
property of the employer and shall be held in trust and shall not be
used for any other purpose than paying the wages due employees. The
moneys so held in trust are not subject to enforcement of a money
judgment by any other creditor of the employer.
   (c) Any person, or agent or officer thereof, who violates this
section is guilty of a misdemeanor.



271.  No person, or agent or officer thereof, engaged in the
business of promoting a theatrical enterprise where living
individuals are used or employed in the presentation, except persons
having a free and unencumbered title to the fee of the property on
which the theatrical enterprise is produced, shall fail or neglect,
before producing such enterprise in any period for which a single
payment of wages is made, to have on hand or on deposit with a bank
or trust company, in the county in which such enterprise is to be
produced, or if there is no bank or trust company in the county, then
in the bank or trust company nearest the place where such enterprise
is produced, cash or readily salable securities of a market value
sufficient to pay the wages of every individual used or employed in
the production of such enterprise, or in connection therewith for
such period.  The provisions of this section shall not apply to the
use or employment of individuals by a radio or television
broadcasting enterprise; provided, there is on hand or on deposit
with a bank or trust company in this State cash or readily salable
securities of a market value sufficient to pay the wages of every
individual used or employed in such enterprise, or in connection
therewith.
   Theatrical enterprise as used in this section means the production
of any circus, vaudeville, carnival, revues, variety shows, musical
comedies, operettas, opera, drama, theatrical, endurance contest,
walkathon, marathon, derby, or other entertainments, exhibitions, or
performances.
   Any person, or agent or officer thereof, who violates this section
is guilty of a misdemeanor.



272.  Every person, agent, or officer thereof engaged in the
businesses specified in Section 270, 270.5, 270.6, or 271, shall keep
conspicuously posted upon the premises where persons are employed, a
notice specifying the name and address of the bank or trust company
where the required cash or readily salable securities are on deposit,
or the name of the surety or sureties on the bond deposited pursuant
to Section 270.5 or 270.6.  Failure to keep the notice conspicuously
posted is prima facie evidence of a violation of Section 270, 270.5,
270.6, or 271.