2009 California Labor Code - Section 79-107 :: Chapter 4. Division Of Labor Standards Enforcement

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 of an executive officer
known as the Chief, Division of Labor Standards Enforcement, who
shall be appointed by the Governor, subject to confirmation of the
Senate, and shall hold office at the pleasure of the Director of
Industrial Relations. The annual salary of the chief shall be
determined by the Department of Finance.

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.

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 division shall maintain offices in San
Francisco, Los Angeles, Sacramento, San Diego, Oakland, Fresno, San
Jose, and in such other places as the Labor Commissioner may deem
necessary.

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 Labor Law
Enforcement, which is hereby abolished.
   (b) All powers, duties, purposes, and responsibilities of the
Labor Commissioner, who is Chief of the Division of Labor Law
Enforcement, are hereby transferred to the Labor Commissioner who is
the Chief of the Division of Labor Standards Enforcement.
   (c) Any regulation or other action made, prescribed, issued,
granted, or performed by the abolished Division of Labor Law
Enforcement in the administration, performance, or implementation of
a function transferred pursuant to subdivision (a) of this section
shall remain in effect and shall be deemed to be a regulation or
action of the Division of Labor Standards Enforcement unless and
until repealed, modified, or rescinded by such division.
   (d) Whenever any reference is made in any law to the abolished
Division of Labor Law Enforcement, it shall be deemed to be a
reference to, and to mean, the Division of Labor Standards
Enforcement.

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 Industrial
Welfare, which is hereby abolished.
   (b) All powers, duties, purposes, and responsibilities of the
Chief, Division of Industrial Welfare are hereby transferred to the
Chief of the Division of Labor Standards Enforcement.
   (c) Any regulation or other action made, prescribed, issued,
granted, or performed by the abolished Division of Industrial Welfare
in the administration, performance, or implementation of a function
transferred pursuant to subdivision (a) of this section shall remain
in effect and shall be deemed to be a regulation or action of the
Division of Labor Standards Enforcement unless and until repealed,
modified, or rescinded by such division.
   (d) Whenever any reference is made in any law to the abolished
Division of Industrial Welfare it shall be deemed to be a reference
to, and to mean, the Division of Labor Standards Enforcement.

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, or engaged in the
administration of a law, the administration of which is transferred
pursuant to this chapter, shall, in accordance with Section 19050.9
of the Government Code, remain in the state civil service and are
hereby transferred to the Division of Labor Standards Enforcement.
The status, positions, and rights of those persons shall not be
affected by their transfer and shall continue to be retained by them
pursuant to the State Civil Service Act (Part 2 (commencing with
Section 18500) of Division 5 of Title 5 of the Government Code),
except as to positions the duties of which are vested in a position
that is exempt from civil service.

88.  The personnel records of all employees transferred pursuant to
Section 87 shall remain in the Department of Industrial Relations.

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
property, real or personal, held for the benefit or use of the
Division of Labor Law Enforcement and the Division of Industrial
Welfare with respect to the functions transferred pursuant to this
chapter.

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 law for the administration of the statutes
the administration of which is committed to it pursuant to this
chapter, or for the use, support, or maintenance of any board,
bureau, commission, department, office, or officer whose duties,
powers, and functions have been transferred to, and conferred upon,
the Division of Labor Standards Enforcement pursuant to this chapter.
Such expenditures by the Division of Labor Standards Enforcement
shall be made in accordance with law in carrying out the purposes for
which the appropriations were made or the special funds created.

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 admission to the Labor Commissioner or his
deputy or agent or who, upon request, willfully neglects or refuses
to furnish them any statistics or information, pertaining to their
lawful duties, which are in his possession or under his control, is
guilty of a misdemeanor, punishable by a fine of not more than one
thousand dollars ($1,000).

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 and to protect employers who comply with the
law from those who attempt to gain a competitive advantage at the
expense of their workers by failing to secure the payment of
compensation.
   (b) In order to ensure that the laws requiring employers to secure
the payment of compensation are adequately enforced, the Labor
Commissioner shall establish and maintain a program that
systematically identifies unlawfully uninsured employers. The Labor
Commissioner, in consultation with the Administrative Director of the
Division of Workers' Compensation and the director, may prioritize
targets for the program in consideration of available resources. The
employers shall be identified from data from the Uninsured Employers'
Fund, the Employment Development Department, the rating
organizations licensed by the Insurance Commissioner pursuant to
Article 3 (commencing with Section 11750) of Chapter 3 of Part 3 of
Division 2 of the Insurance Code, and any other sources deemed likely
to lead to the identification of unlawfully uninsured employers. All
state departments and agencies and any rating organization licensed
by the Insurance Commissioner pursuant to Article 3 (commencing with
Section 11750) of Chapter 3 of Part 3 of Division 2 of the Insurance
Code shall cooperate with the Labor Commissioner and on reasonable
request provide information and data in their possession reasonably
necessary to carry out the program.
   (c) As part of the program, the Labor Commissioner shall establish
procedures for ensuring that employers with payroll but with no
record of workers' compensation coverage are contacted and, if no
valid reason for the lack of record of coverage is shown, inspected
on a priority basis.
   (d) The Labor Commissioner shall annually, not later than March 1,
prepare a report concerning the effectiveness of the program,
publish it on the Labor Commissioner's Web site, as well as notify
the Legislature, the Governor, the Insurance Commissioner, and the
Administrative Director of the Division of Workers' Compensation of
the report's availability. The report shall include, but not be
limited to, all of the following:
   (1) The number of employers identified from records of the
Employment Development Department who were screened for matching
records of insurance coverage or self-insurance.
   (2) The number of employers identified from records of the
Employment Development Department that were matched to records of
insurance coverage or self-insurance.
   (3) The number of employers identified from records of the
Employment Development Department that were notified that there was
no record of their insurance coverage.
   (4) The number of employers responding to the notices, and the
nature of the responses, including the number of employers who failed
to provide satisfactory proof of workers' compensation coverage and
including information about the reasons that employers who provided
satisfactory proof of coverage were not appropriately recognized in
the comparison performed under subdivision (b). The report may
include recommendations to improve the accuracy and efficiency of the
program in screening for unlawfully uninsured employers.
   (5) The number of employers identified as unlawfully uninsured
from records of the Uninsured Employers' Benefits Trust Fund or from
records of the Division of Workers' Compensation, and the number of
those employers that are also identifiable from the records of the
Employment Development Department. These statistics shall be reported
in a manner to permit analysis and estimation of the percentage of
unlawfully uninsured employers that do not report wages to the
Employment Development Department.
   (6) The number of employers inspected.
   (7) The number and amount of penalties assessed pursuant to
Section 3722 as a result of the program.
   (8) The number and amount of penalties collected pursuant to
Section 3722 as a result of the program.
   (e) The allocation of funds from the Workers' Compensation
Administration Revolving Fund pursuant to subdivision (a) of Section
62.5 shall not increase the total amount of surcharges pursuant to
subdivision (e) of Section 62.5. Startup costs for this program shall
be allocated from the fiscal year 2007-08 surcharges collected. The
total amount allocated for this program under subdivision (a) of
Section 62.5 in subsequent years shall not exceed the amount of
penalties collected pursuant to Section 3722 as a result of the
program.

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 under substandard unlawful conditions or for
employers that have not secured the payment of compensation, and to
protect employers who comply with the law from those who attempt to
gain a competitive advantage at the expense of their workers by
failing to comply with minimum labor standards.
   (b) In order to ensure that minimum labor standards are adequately
enforced, the Labor Commissioner shall establish and maintain a
field enforcement unit, which shall be administratively and
physically separate from offices of the division that accept and
determine individual employee complaints. The unit shall have offices
in Los Angeles, San Francisco, San Jose, San Diego, Sacramento, and
any other locations that the Labor Commissioner deems appropriate.
The unit shall have primary responsibility for administering and
enforcing those statutes and regulations most effectively enforced
through field investigations, including Sections 226, 1021, 1021.5,
1193.5, 1193.6, 1194.5, 1197, 1198, 1771, 1776, 1777.5, 2651, 2673,
2675, and 3700, in accordance with the plan adopted by the Labor
Commissioner pursuant to subdivision (c). Nothing in this section
shall be construed to limit the authority of this unit in enforcing
any statute or regulation in the course of its investigations.
   (c) The Labor Commissioner shall adopt an enforcement plan for the
field enforcement unit. The plan shall identify priorities for
investigations to be undertaken by the unit that ensure the available
resources will be concentrated in industries, occupations, and areas
in which employees are relatively low paid and unskilled, and those
in which there has been a history of violations of the statutes cited
in subdivision (b), and those with high rates of noncompliance with
Section 3700.
   (d) The Labor Commissioner shall annually report to the
Legislature, not later than March 1, concerning the effectiveness of
the field enforcement unit. The report shall include, but not be
limited to, all of the following:
   (1) The enforcement plan adopted by the Labor Commissioner
pursuant to subdivision (c), and the rationale for the priorities
identified in the plan.
   (2) The number of establishments investigated by the unit, and the
number of types of violations found.
   (3) The amount of wages found to be unlawfully withheld from
workers, and the amount of unpaid wages recovered for workers.
   (4) The amount of penalties and unpaid wages transferred to the
General Fund as a result of the efforts of the unit.

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 to report all the payroll of the
employer's employees as required by law, the division shall advise
the Insurance Commissioner and request that an audit be ordered
pursuant to Section 11736.5 of the Insurance Code.

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, punishable by a fine of not less than one
hundred dollars ($100) nor more than one thousand dollars ($1,000),
or imprisonment for not less than seven nor more than 30 days in the
county jail, or both.

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 records; administer oaths; examine
witnesses under oath; take the verification, acknowledgment, or proof
of written instruments; and take depositions and affidavits for the
purpose of carrying out the provisions of this code and all laws
which the division is to enforce.

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 willfully such a subpoena if it calls for an
appearance at a distance from the place of service of 100 miles, or
less.

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 officers thereof shall give to all persons requesting it all
needed information which they may possess.

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 any other officer, board or commission. Except
as provided in subdivision (d), in the enforcement of such
provisions and laws, the director, deputy director, and such officers
and employees as the director may designate, shall only have the
authority, as public officers, to arrest without a warrant, any
person who, in his presence, has violated or as to whom there is
probable cause to believe has violated any of such provisions and
laws.
   In any case in which an arrest authorized by this subdivision is
made for an offense declared to be a misdemeanor, and the person
arrested does not demand to be taken before a magistrate, the
arresting officer may, instead of taking such person before a
magistrate, follow the procedure prescribed by Chapter 5C (commencing
with Section 853.6) of Title 3 of Part 2 of the Penal Code. The
provisions of such chapter shall thereafter apply with reference to
any proceeding based upon the issuance of a citation pursuant to this
authority.
   (b) There shall be no civil liability on the part of and no cause
of action shall arise against any person, acting pursuant to this
section and within the scope of his authority, for false arrest or
false imprisonment arising out of any arrest which is lawful or which
the arresting officer, at the time of such arrest, had reasonable
cause to believe was lawful. No such officer shall be deemed an
aggressor or lose his right to self-defense by the use of reasonable
force to effect the arrest or to prevent escape or to overcome
resistance.
   (c) The director, deputy director, and such officers and employees
as the director may designate, may serve all processes and notices
throughout the state.
   (d) With respect to the enforcement of the provisions of this code
and other labor laws as provided in subdivision (a), all officers
and employees designated by the Labor Commissioner as investigators,
shall have the authority of peace officers to make arrests, and may
serve processes and notices as provided in subdivision (c).

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 by an employee, or an employee
representative authorized in writing by an employee, with the Labor
Commissioner, take assignments of:
   (a) Wage claims and incidental expense accounts and advances.
   (b) Mechanics' and other liens of employees.
   (c) Claims based on "stop orders" for wages and on bonds for
labor.
   (d) Claims for damages for misrepresentations of conditions of
employment.
   (e) Claims for unreturned bond money of employees.
   (f) Claims for penalties for nonpayment of wages.
   (g) Claims for the return of workers' tools in the illegal
possession of another person.
   (h) Claims for vacation pay, severance pay, or other compensation
supplemental to a wage agreement.
   (i) Awards for workers' compensation benefits in which the Workers'
Compensation Appeals Board has found that the employer has failed to
secure payment of compensation and where the award remains unpaid
more than 10 days after having become final.
   (j) Claims for loss of wages as the result of discharge from
employment for the garnishment of wages.
   (k) Claims for loss of wages as the result of demotion,
suspension, or discharge from employment for lawful conduct occurring
during nonworking hours away from the employer's premises.

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 all such covered
employees for purposes of filing claims for wages with the Labor
Commissioner, subject to the option of the employee to reject such
representation and to represent himself or herself.

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 action to recover upon a cash deposit after
a determination made under Section 7071.11, the Labor Commissioner
shall certify in writing to the appropriate court that he has heard
and determined the validity of claims and demands and that the sum
specified therein is the amount found due and payable. The
certificate of the commissioner shall be considered by the court but
shall not, by itself, be sufficient evidence to support a judgment.

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 subdivision (c) of Section 96.7.

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, may collect such wages or
benefits on behalf of the worker without assignment of such wages or
benefits to the commissioner.
   (a) The Labor Commissioner shall act as trustee of all such
collected unpaid wages or benefits, and shall deposit such collected
moneys in the Industrial Relations Unpaid Wage Fund.
   (b) The Labor Commissioner shall make a diligent search to locate
any worker for whom the Labor Commissioner has collected unpaid wages
or benefits.
   (c) All wages or benefits collected under this section shall be
remitted to the worker, his lawful representative, or to any trust or
custodial fund established under a plan to provide health and
welfare, pension, vacation, retirement, or similar benefits from the
Industrial Relations Unpaid Wage Fund.
   (d) Any unpaid wages or benefits collected by the Labor
Commissioner pursuant to this section shall be retained in the
Industrial Relations Unpaid Wage Fund until remitted pursuant to
subdivision (c), or until deposited in the General Fund.
   (e) The Controller shall, at the end of each fiscal year, transfer
to the General Fund the unencumbered balance, less six months of
expenditures as determined by the Director of Finance, in the
Industrial Relations Unpaid Wage Fund.
   (f) All wages or benefits collected under this section which
cannot be remitted from the Industrial Relations Unpaid Wage Fund
pursuant to subdivision (c) because money has been transmitted to the
General Fund shall be paid out of the General Fund from funds
appropriated for that purpose.

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 filing of a lien for record before it is
assigned, or prohibiting the assignment of a claim for penalty before
the claim has been incurred or any other technical rule with
reference to the validity of assignments.

98.  (a) The Labor Commissioner shall have the authority to
investigate employee complaints. The Labor Commissioner may provide
for a hearing in any action to recover wages, penalties, and other
demands for compensation properly before the division or the Labor
Commissioner, including orders of the Industrial Welfare Commission,
and shall determine all matters arising under his or her
jurisdiction. It shall be within the jurisdiction of the Labor
Commissioner to accept and determine claims from holders of payroll
checks or payroll drafts returned unpaid because of insufficient
funds, if, after a diligent search, the holder is unable to return
the dishonored check or draft to the payee and recover the sums paid
out. Within 30 days of the filing of the complaint, the Labor
Commissioner shall notify the parties as to whether a hearing will be
held, whether action will be taken in accordance with Section 98.3,
or whether no further action will be taken on the complaint. If the
determination is made by the Labor Commissioner to hold a hearing,
the hearing shall be held within 90 days of the date of that
determination. However, the Labor Commissioner may postpone or grant
additional time before setting a hearing if the Labor Commissioner
finds that it would lead to an equitable and just resolution of the
dispute.
   It is the intent of the Legislature that hearings held pursuant to
this section be conducted in an informal setting preserving the
right of the parties.
   (b) When a hearing is set, a copy of the complaint, which shall
include the amount of compensation requested, together with a notice
of time and place of the hearing, shall be served on all parties,
personally or by certified mail, or in the manner specified in
Section 415.20 of the Code of Civil Procedure.
   (c) Within 10 days after service of the notice and the complaint,
a defendant may file an answer with the Labor Commissioner in any
form as the Labor Commissioner may prescribe, setting forth the
particulars in which the complaint is inaccurate or incomplete and
the facts upon which the defendant intends to rely.
   (d) No pleading other than the complaint and answer of the
defendant or defendants shall be required. Both shall be in writing
and shall conform to the form and the rules of practice and procedure
adopted by the Labor Commissioner.
   (e) Evidence on matters not pleaded in the answer shall be allowed
only on terms and conditions the Labor Commissioner shall impose. In
all these cases, the claimant shall be entitled to a continuance for
purposes of review of the new evidence.
   (f) If the defendant fails to appear or answer within the time
allowed under this chapter, no default shall be taken against him or
her, but the Labor Commissioner shall hear the evidence offered and
shall issue an order, decision, or award in accordance with the
evidence. A defendant failing to appear or answer, or subsequently
contending to be aggrieved in any manner by want of notice of the
pendency of the proceedings, may apply to the Labor Commissioner for
relief in accordance with Section 473 of the Code of Civil Procedure.
The Labor Commissioner may afford this relief. No right to relief,
including the claim that the findings or award of the Labor
Commissioner or judgment entered thereon are void upon their face,
shall accrue to the defendant in any court unless prior application
is made to the Labor Commissioner in accordance with this chapter.
   (g) All hearings conducted pursuant to this chapter are governed
by the division and by the rules of practice and procedure adopted by
the Labor Commissioner.
   (h) (1) Whenever a claim is filed under this chapter against a
person operating or doing business under a fictitious business name,
as defined in Section 17900 of the Business and Professions Code,
which relates to the person's business, the division shall inquire at
the time of the hearing whether the name of the person is the legal
name under which the business or person has been licensed,
registered, incorporated, or otherwise authorized to do business.
   (2) The division may amend an order, decision, or award to conform
to the legal name of the business or the person who is the defendant
to a wage claim, if it can be shown that proper service was made on
the defendant or his or her agent, unless a judgment had been entered
on the order, decision, or award pursuant to subdivision (d) of
Section 98.2. The Labor Commissioner may apply to the clerk of the
superior court to amend a judgment that has been issued pursuant to a
final order, decision, or award to conform to the legal name of the
defendant, if it can be shown that proper service was made on the
defendant or his or her agent.

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, or award. The order, decision, or award shall
include a summary of the hearing and the reasons for the decision.
Upon filing of the order, decision, or award, the Labor Commissioner
shall serve a copy of the decision personally, by first-class mail,
or in the manner specified in Section 415.20 of the Code of Civil
Procedure on the parties. The notice shall also advise the parties of
their right to appeal the decision or award and further advise the
parties that failure to do so within the period prescribed by this
chapter shall result in the decision or award becoming final and
enforceable as a judgment by the superior court.
   (b) For the purpose of this section, an award shall include any
sums found owing, damages proved, and any penalties awarded pursuant
to this code.
   (c) All awards granted pursuant to a hearing under this chapter
shall accrue interest on all due and unpaid wages at the same rate as
prescribed by subdivision (b) of Section 3289 of the Civil Code. The
interest shall accrue until the wages are paid from the date that
the wages were due and payable as provided in Part 1 (commencing with
Section 200) of Division 2.

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 court, where the appeal shall be heard de novo. The
court shall charge the first paper filing fee under Section 70611 of
the Government Code to the party seeking review. The fee shall be
distributed as provided in Section 68085.3 of the Government Code. A
copy of the appeal request shall be served upon the Labor
Commissioner by the appellant. For purposes of computing the 10-day
period after service, Section 1013 of the Code of Civil Procedure is
applicable.
   (b) Whenever an employer files an appeal pursuant to this section,
the employer shall post an undertaking with the reviewing court in
the amount of the order, decision, or award. The undertaking shall
consist of an appeal bond issued by a licensed surety or a cash
deposit with the court in the amount of the order, decision, or
award. The employer shall provide written notification to the other
parties and the Labor Commissioner of the posting of the undertaking.
The undertaking shall be on the condition that, if any judgment is
entered in favor of the employee, the employer shall pay the amount
owed pursuant to the judgment, and if the appeal is withdrawn or
dismissed without entry of judgment, the employer shall pay the
amount owed pursuant to the order, decision, or award of the Labor
Commissioner unless the parties have executed a settlement agreement
for payment of some other amount, in which case the employer shall
pay the amount that the employer is obligated to pay under the terms
of the settlement agreement. If the employer fails to pay the amount
owed within 10 days of entry of the judgment, dismissal, or
withdrawal of the appeal, or the execution of a settlement agreement,
a portion of the undertaking equal to the amount owed, or the entire
undertaking if the amount owed exceeds the undertaking, is forfeited
to the employee.
   (c) If the party seeking review by filing an appeal to the
superior court is unsuccessful in the appeal, the court shall
determine the costs and reasonable attorney's fees incurred by the
other parties to the appeal, and assess that amount as a cost upon
the party filing the appeal. An employee is successful if the court
awards an amount greater than zero.
   (d) If no notice of appeal of the order, decision, or award is
filed within the period set forth in subdivision (a), the order,
decision, or award shall, in the absence of fraud, be deemed the
final order.
   (e) The Labor Commissioner shall file, within 10 days of the order
becoming final pursuant to subdivision (d), a certified copy of the
final order with the clerk of the superior court of the appropriate
county unless a settlement has been reached by the parties and
approved by the Labor Commissioner. Judgment shall be entered
immediately by the court clerk in conformity therewith. The judgment
so entered has the same force and effect as, and is subject to all of
the provisions of law relating to, a judgment in a civil action, and
may be enforced in the same manner as any other judgment of the
court in which it is entered. Enforcement of the judgment shall
receive court priority.
   (f) (1) In order to ensure that judgments are satisfied, the Labor
Commissioner may serve upon the judgment debtor, personally or by
first-class mail at the last known address of the judgment debtor
listed with the division, a form similar to, and requiring the
reporting of the same information as, the form approved or adopted by
the Judicial Council for purposes of subdivision (a) of Section
116.830 of the Code of Civil Procedure to assist in identifying the
nature and location of any assets of the judgment debtor.
   (2) The judgment debtor shall complete the form and cause it to be
delivered to the division at the address listed on the form within
35 days after the form has been served on the judgment debtor, unless
the judgment has been satisfied. In case of willful failure by the
judgment debtor to comply with this subdivision, the division or the
judgment creditor may request the court to apply the sanctions
provided in Section 708.170 of the Code of Civil Procedure.
   (g) Notwithstanding subdivision (e), the Labor Commissioner may
stay execution of any judgment entered upon an order, decision, or
award that has become final upon good cause appearing therefor and
may impose the terms and conditions of the stay of execution. A
certified copy of the stay of execution shall be filed with the clerk
entering the judgment.
   (h) When a judgment is satisfied in fact, other than by execution,
the Labor Commissioner may, upon the motion of either party or on
its own motion, order entry of satisfaction of judgment. The clerk of
the court shall enter a satisfaction of judgment upon the filing of
a certified copy of the order.
   (i) The Labor Commissioner shall make every reasonable effort to
ensure that judgments are satisfied, including taking all appropriate
legal action and requiring the employer to deposit a bond as
provided in Section 240.
   (j) The judgment creditor, or the Labor Commissioner as assignee
of the judgment creditor, is entitled to court costs and reasonable
attorney's fees for enforcing the judgment that is rendered pursuant
to this 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 are financially unable to employ
counsel and the Labor Commissioner believes have claims which are
valid and enforceable.
   The Labor Commissioner may also prosecute actions for the return
of worker's tools which are in the illegal possession of another
person.
   (b) The Labor Commissioner may prosecute action for the collection
of wages and other moneys payable to employees or to the state
arising out of an employment relationship or order of the Industrial
Welfare Commission.
   (c) The Labor Commissioner may also prosecute actions for wages or
other monetary benefits that are due the Industrial Relations Unpaid
Wage Fund.

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 in Section 98.2. In the event that
such claimant is attempting to uphold the amount awarded by the Labor
Commissioner and is not objecting to any part of the Labor
Commissioner's final order, the Labor Commissioner shall represent
the claimant.

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 or administrative
regulations are present.

98.6.  (a) No person shall discharge an employee or in any manner
discriminate against any employee or applicant for employment because
the employee or applicant engaged in any conduct delineated in this
chapter, including the conduct described in subdivision (k) of
Section 96, and Chapter 5 (commencing with Section 1101) of Part 3 of
Division 2, or because the employee or applicant for employment has
filed a bona fide complaint or claim or instituted or caused to be
instituted any proceeding under or relating to his or her rights,
which are under the jurisdiction of the Labor Commissioner, or
because the employee has initiated any action or notice pursuant to
Section 2699, or has testified or is about to testify in any such
proceeding or because of the exercise by the employee or applicant
for employment on behalf of himself, herself, or others of any rights
afforded him or her.
   (b) Any employee who is discharged, threatened with discharge,
demoted, suspended, or in any other manner discriminated against in
the terms and conditions of his or her employment because the
employee engaged in any conduct delineated in this chapter, including
the conduct described in subdivision (k) of Section 96, and Chapter
5 (commencing with Section 1101) of Part 3 of Division 2, or because
the employee has made a bona fide complaint or claim to the division
pursuant to this part, or because the employee has initiated any
action or notice pursuant to Section 2699 shall be entitled to
reinstatement and reimbursement for lost wages and work benefits
caused by those acts of the employer. Any employer who willfully
refuses to hire, promote, or otherwise restore an employee or former
employee who has been determined to be eligible for rehiring or
promotion by a grievance procedure, arbitration, or hearing
authorized by law, is guilty of a misdemeanor.
   (c) (1) Any applicant for employment who is refused employment,
who is not selected for a training program leading to employment, or
who in any other manner is discriminated against in the terms and
conditions of any offer of employment because the applicant engaged
in any conduct delineated in this chapter, including the conduct
described in subdivision (k) of Section 96, and Chapter 5 (commencing
with Section 1101) of Part 3 of Division 2, or because the applicant
has made a bona fide complaint or claim to the division pursuant to
this part, or because the employee has initiated any action or notice
pursuant to Section 2699 shall be entitled to employment and
reimbursement for lost wages and work benefits caused by the acts of
the prospective employer.
   (2) This subdivision shall not be construed to invalidate any
collective bargaining agreement that requires an applicant for a
position that is subject to the collective bargaining agreement to
sign a contract that protects either or both of the following as
specified in subparagraphs (A) and (B), nor shall this subdivision be
construed to invalidate any employer requirement of an applicant for
a position that is not subject to a collective bargaining agreement
to sign an employment contract that protects either or both of the
following:
   (A) An employer against any conduct that is actually in direct
conflict with the essential enterprise-related interests of the
employer and where breach of that contract would actually constitute
a material and substantial disruption of the employer's operation.
   (B) A firefighter against any disease that is presumed to arise in
the course and scope of employment, by limiting his or her
consumption of tobacco products on and off the job.
   (d) The provisions of this section creating new actions or
remedies that are effective on January 1, 2002, to employees or
applicants for employment do not apply to any state or local law
enforcement agency, any religious association or corporation
specified in subdivision (d) of Section 12926 of the Government Code,
except as provided in Section 12926.2 of the Government Code, or any
person described in Section 1070 of the Evidence Code.

98.7.  (a) 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 Labor Commissioner may file a
complaint with the division within six months after the occurrence of
the violation. The six-month period may be extended for good cause.
The complaint shall be investigated by a discrimination complaint
investigator in accordance with this section. The Labor Commissioner
shall establish procedures for the investigation of discrimination
complaints. A summary of the procedures shall be provided to each
complainant and respondent at the time of initial contact. The Labor
Commissioner shall inform complainants charging a violation of
Section 6310 or 6311, at the time of initial contact, of his or her
right to file a separate, concurrent complaint with the United States
Department of Labor within 30 days after the occurrence of the
violation.
   (b) Each complaint of unlawful discharge or discrimination shall
be assigned to a discrimination complaint investigator who shall
prepare and submit a report to the Labor Commissioner based on an
investigation of the complaint. The Labor Commissioner may designate
the chief deputy or assistant Labor Commissioner or the chief counsel
to receive and review the reports. The investigation shall include,
where appropriate, interviews with the complainant, respondent, and
any witnesses who may have information concerning the alleged
violation, and a review of any documents that may be relevant to the
disposition of the complaint. The identity of a witness shall remain
confidential unless the identification of the witness becomes
necessary to proceed with the investigation or to prosecute an action
to enforce a determination. The investigation report submitted to
the Labor Commissioner or designee shall include the statements and
documents obtained in the investigation, and the findings of the
investigator concerning whether a violation occurred. The Labor
Commissioner may hold an investigative hearing whenever the Labor
Commissioner determines, after review of the investigation report,
that a hearing is necessary to fully establish the facts. In the
hearing the investigation report shall be made a part of the record
and the complainant and respondent shall have the opportunity to
present further evidence. The Labor Commissioner shall issue, serve,
and enforce any necessary subpoenas.
   (c) If the Labor Commissioner determines a violation has occurred,
he or she shall notify the complainant and respondent and direct the
respondent to cease and desist from the violation and take any
action deemed necessary to remedy the violation, including, where
appropriate, rehiring or reinstatement, reimbursement of lost wages
and interest thereon, payment of reasonable attorney's fees
associated with any hearing held by the Labor Commissioner in
investigating the complaint, and the posting of notices to employees.
If the respondent does not comply with the order within 10 working
days following notification of the Labor Commissioner's
determination, the Labor Commissioner shall bring an action promptly
in an appropriate court against the respondent. If the Labor
Commissioner fails to bring an action in court promptly, the
complainant may bring an action against the Labor Commissioner in any
appropriate court for a writ of mandate to compel the Labor
Commissioner to bring an action in court against the respondent. If
the complainant prevails in his or her action for a writ, the court
shall award the complainant court costs and reasonable attorney's
fees, notwithstanding any other law. Regardless of any delay in
bringing an action in court, the Labor Commissioner shall not be
divested of jurisdiction. In any action, the court may permit the
claimant to intervene as a party plaintiff to the action and shall
have jurisdiction, for cause shown, to restrain the violation and to
order all appropriate relief. Appropriate relief includes, but is not
limited to, rehiring or reinstatement of the complainant,
reimbursement of lost wages and interest thereon, and any other
compensation or equitable relief as is appropriate under the
circumstances of the case. The Labor Commissioner shall petition the
court for appropriate temporary relief or restraining order unless he
or she determines good cause exists for not doing so.
   (d) (1) If the Labor Commissioner determines no violation has
occurred, he or she shall notify the complainant and respondent and
shall dismiss the complaint. The Labor Commissioner may direct the
complainant to pay reasonable attorney's fees associated with any
hearing held by the Labor Commissioner if the Labor Commissioner
finds the complaint was frivolous, unreasonable, groundless, and was
brought in bad faith. The complainant may, after notification of the
Labor Commissioner's determination to dismiss a complaint, bring an
action in an appropriate court, which shall have jurisdiction to
determine whether a violation occurred, and if so, to restrain the
violation and order all appropriate relief to remedy the violation.
Appropriate relief includes, but is not limited to, rehiring or
reinstatement of the complainant, reimbursement of lost wages and
interest thereon, and other compensation or equitable relief as is
appropriate under the circumstances of the case. When dismissing a
complaint, the Labor Commissioner shall advise the complainant of his
or her right to bring an action in an appropriate court if he or she
disagrees with the determination of the Labor Commissioner, and in
the case of an alleged violation of Section 6310 or 6311, to file a
complaint against the state program with the United States Department
of Labor.
   (2) The filing of a timely complaint against the state program
with the United States Department of Labor shall stay the Labor
Commissioner's dismissal of the division complaint until the United
States Secretary of Labor makes a determination regarding the alleged
violation. Within 15 days of receipt of that determination, the
Labor Commissioner shall notify the parties whether he or she will
reopen the complaint filed with the division or whether he or she
will reaffirm the dismissal.
   (e) The Labor Commissioner shall notify the complainant and
respondent of his or her determination under subdivision (c) or
paragraph (1) of subdivision (d), not later than 60 days after the
filing of the complaint. Determinations by the Labor Commissioner
under subdivision (c) or (d) may be appealed by the complainant or
respondent to the Director of Industrial Relations within 10 days
following notification of the Labor Commissioner's determination. The
appeal shall set forth specifically and in full detail the grounds
upon which the appealing party considers the Labor Commissioner's
determination to be unjust or unlawful, and every issue to be
considered by the director. The director may consider any issue
relating to the initial determination and may modify, affirm, or
reverse the Labor Commissioner's determination. The director's
determination shall be the determination of the Labor Commissioner.
The director shall notify the complainant and respondent of his or
her determination within 10 days of receipt of the appeal.
   (f) The rights and remedies provided by this section do not
preclude an employee from pursuing any other rights and remedies
under any other law.

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 respect to
discrimination complaints for the previous calendar year:
   (a) The number of complaints filed pursuant to Section 98.7 or
1197.5, grouped according to the section of the Labor Code allegedly
violated.
   (b) The number of determinations issued, the number of
investigative hearings held, the number of complaints dismissed, and
the number of complaints found to be valid, grouped by the year in
which the complaints were filed.
   (c) The number of cases in which the respondent complied with the
Labor Commissioner's order to remedy unlawful discrimination, the
number of these orders with which respondents failed to comply, the
number of court actions brought by the Labor Commissioner to remedy
unlawful discrimination, and the results of those court actions. If
the Labor Commissioner did not bring an action in court within 10
days against a respondent who failed to comply with his or her order,
the report shall specify the reasons for not bringing action in
court.

98.8.  The Labor Commissioner shall promulgate all regulations and
rules of practice and procedure necessary to carry out the provisions
of this chapter.

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 of the Labor Commissioner, has been committed
by a person licensed as a contractor pursuant to Chapter 9
(commencing with Section 7000) of Division 3 of the Business and
Professions Code, in the course of such licensed activity, the Labor
Commissioner shall immediately, upon expiration of the period for
review specified in Section 98.2, or other applicable section,
deliver a certified copy of the finding of the violation to the
registrar of the Contractors' State License Board.

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 in the names of the employees, whenever
the facts have been investigated and found to support the claims. A
statement that such facts have been found shall be alleged in the
preferred claim or lien if it is filed in the name of the Labor
Commissioner, his deputy or representative.

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 exhibit and join them, in case of suit, in one cause of action in
cases where no valid reason exists for making separate causes of
action for each individual employee.

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 Procedure, and Part 9 (commencing with
Section 11400) of Division 7 of the Probate Code.

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 or
marshal requested by the Labor Commissioner or a deputy or
representative of the Labor Commissioner shall serve the summons in
the action upon any person within the jurisdiction of the sheriff or
marshal or levy under a writ of attachment or execution in the action
upon the property of any defendant without cost to the division
except for keeper's fees, service fees, and storage charges.

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 Commissioner. The amount ordinarily charged for such filing or
recording shall be made a part of any judgment recovered by the Labor
Commissioner and shall be paid by the Labor Commissioner if
sufficient money is collected over and above the wages, penalties, or
demands actually due the claimants.

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 such service, and those costs and the other regular
court costs that would have accrued if the action was not by the
Labor Commissioner shall be made a part of any judgment recovered by
the Labor Commissioner and shall be paid by the Labor Commissioner if
sufficient money is collected over and above the wages, penalties,
or demands actually due the claimants.

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 other state, maintain actions in the courts of the
other state for the collection of the claims for wages, judgments,
and other demands and may assign the claims, judgments, and demands
to the labor department or agency of the other state for collection
to the extent that they may be permitted or provided for by the laws
of that state or by reciprocal agreement.

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, officer or commission of such state authorized
to act for and on behalf of such labor department or corresponding
agency, maintain actions in the courts of this state upon assigned
claims for wages, judgments and demands arising in such other state
in the same manner and to the same extent that such actions by the
Labor Commissioner are authorized when arising in this state;
provided, however, that such actions may be commenced and maintained
only in those cases where such other state by appropriate legislation
or by reciprocal agreement extends a like comity to cases arising in
this state.

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 services in the
language of a limited- or non-English-speaking person, with the
primary effort being exerted towards the largest segments of the
non-English-speaking persons in this state.
   (b) The Labor Commissioner shall provide that an interpreter be
present at all hearings and interviews where appropriate.
   (c) The Labor Commissioner shall prepare and distribute to the
public, through its local offices, materials explaining services
available in non-English languages, as well as in English. In
addition, the commissioner shall prepare and use written materials in
non-English languages as well as in English for use by local offices
if the local office serves a substantial number of
non-English-speaking people, as defined in Section 7296.2 of the
Government Code. The commissioner shall prepare and use such
complaint processing forms and form letters in the language of
non-English speaking people as the commissioner deems necessary and
appropriate for the filing, investigation, and resolution of wage
claims, giving due consideration to the rights and obligations of all
parties. The commissioner may, from time to time, at his or her
discretion, eliminate, modify, amend, or add to the complaint
processing forms and form letters which are the subject of bilingual
or multilingual treatment or application.

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 defined in Section 329 of the
Unemployment Insurance Code, to issue citations pursuant to Sections
226.4 and 1022 and issue and serve a penalty assessment order
pursuant to subdivision (a) of Section 3722.
   (b) No employees shall issue citations or penalty assessment
orders pursuant to this section unless they have been specifically
designated, authorized, and trained by the Labor Commissioner for
this purpose. Appeals of all citations or penalty assessment orders
shall follow the procedures prescribed in Section 226.5, 1023, or
3725, whichever is applicable.

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 of the Welfare and
Institutions Code shall not constitute a wage claim as provided in
subdivision (a) of Section 96, and shall not be subject to this
chapter.