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California Wage & Hour Claims and Remedies Chart
LABOR CODE SECTION | SUBJECT | PENALTIES OR OTHER RELIEF FOR VIOLATION |
| 98.6 | Whistleblower protection statute for employees who report Labor Code violations to the California Labor Commissioner, and are retaliated against as a result. Also protects: Job applicants who filed complaints with the Labor Commissioner about their previous employers, and Family members of people who filed complaints about labor violations. | In addition to other remedies available, an employer who violates this section is liable for a civil penalty not exceeding ten thousand dollars ($10,000) per employee for each violation, to be awarded to the employee or employees who suffered the violation. (Lab. Code, § 98.6, subd. (b)(3).) |
| 201 | Timely payment of wages to a discharged employee or a group of employees laid off by reason of the termination of seasonal employment in the curing, canning, or drying of any variety of perishable fruit, fish or vegetable. Special provisions for state employees. | “Waiting time” penalties equal to 1 day of wages at the employee’s standard hourly rate for each day beyond the employer’s deadline, up to a maximum of 30 days. (Lab. Code, § 203, subd. (a).) |
| 201.3 | Timely payment of wages to employees of “temporary services employers.” | “Waiting time” penalties equal to 1 day of wages at the employee’s standard hourly rate for each day beyond the employer’s deadline, up to a maximum of 30 days. (Lab. Code, § 203, subd. (a).) In addition to, and entirely independent and apart from, any other penalty, every person who fails to pay the wages of each employee as provided in this section is subject to a civil penalty as follows: (1) For any initial violation, one hundred dollars ($100) for each failure to pay each employee. (2) For each subsequent violation, or any willful or intentional violation, two hundred dollars ($200) for each failure to pay each employee, plus 25 percent of the amount unlawfully withheld. (Lab. Code, § 210, subd. (a)(1)–(2).) The penalty shall either be recovered by the employee as a statutory penalty under Labor Code section 98 or by the Labor Commissioner as a civil penalty through the issuance of a citation or under Labor Code section 98.3. The procedures for issuing, contesting, and enforcing judgments for citations issued by the Labor Commissioner under this section shall be the same as those set forth in Labor Code section 1197.1, subdivisions (b) through (k), inclusive. (Lab. Code, § 210, subd. (b).) Any person, or the agent, manager, superintendent or officer thereof, who violates any provision of this section is guilty of a misdemeanor. Any failure to keep posted any notice required by Labor Code section 207 is prima facie evidence of a violation. (Lab. Code, § 215.) |
| 201.5 | Timely payment of wages to employees engaged in the production or broadcasting of motion pictures. | “Waiting time” penalties equal to 1 day of wages at the employee’s standard hourly rate for each day beyond the employer’s deadline, up to a maximum of 30 days. (Lab. Code, § 203, subd. (a).) |
| 201.7 | Timely payment of wages to employees engaged in the business of oil drilling. | See above. |
| 202 | Timely payment of last wages to an at-will employee who quits. Special provisions for state employees. | See above. |
| 203 | “Waiting time” penalty provision. | See above. |
| 203.1 | Employer pays an employee wages or fringe benefits in the regular course of employment or in accordance with Labor Code sections 201, 201.3, 201.5, 201.7, or 202 by a check, draft, or voucher which is subsequently refused payment. | Those wages or fringe benefits, or both, shall continue as a penalty from the due date at the same rate until paid or until an action therefor is commenced. However, those wages and fringe benefits shall not continue for more than 30 days and this penalty shall not apply if the employer can establish to the satisfaction of the Labor Commissioner or an appropriate court of law that the violation of this section was unintentional. This penalty also shall not apply in any case in which an employee recovers the service charge authorized by Civil Code section 1719 in an action brought by the employee under that section. (Lab. Code, § 203.1.) |
| 204 | Sets schedule for payment of wages for weekly or biweekly employees, executive, managerial employees, and employees covered by collective bargaining agreements. | The penalties specified in Labor Code section 210. (See details above, in the entry for Labor Code section 201.3.) Any person, or the agent, manager, superintendent or officer thereof, who violates any provision of this section is guilty of a misdemeanor. Any failure to keep posted any notice required by Labor Code section 207 is prima facie evidence of a violation. (Lab. Code, § 215.) |
| 204b | Employees paid on a weekly basis on a regular day designated by the employer. | The penalties specified in Labor Code section 210. (See details above, in the entry for Labor Code section 201.3.) Any person, or the agent, manager, superintendent or officer thereof, who violates any provision of this section is guilty of a misdemeanor. Any failure to keep posted any notice required by Labor Code section 207 is prima facie evidence of a violation. (Lab. Code, § 215.) |
| 204.1 | Commission wages paid to any person employed by an employer licensed as a vehicle dealer by the Department of Motor Vehicles. (Does not apply if there’s a collective bargaining agreement.) | The penalties specified in Labor Code section 210. (See details above, in the entry for Labor Code section 201.3.) |
| 204.2 | Payment of executive, managerial, and professional employees of employers who are subject to the Fair Labor Standards Act. (Does not apply if there’s a collective bargaining agreement.) | The penalties specified in Labor Code section 210. (See details above, in the entry for Labor Code section 201.3.) |
| 205 | Payment of wages in agricultural, viticultural, and horticultural pursuits, in stock or poultry raising, and in household domestic service, when the employees in such employments are boarded and lodged by the employer. (Contains different requirement for employees of a farm labor contractor.) | The penalties specified in Labor Code section 210. (See details above, in the entry for Labor Code section 201.3.) Any person, or the agent, manager, superintendent or officer thereof, who violates any provision of this section is guilty of a misdemeanor. Any failure to keep posted any notice required by Labor Code section 207 is prima facie evidence of a violation. (Lab. Code, § 215.) |
| 205.5 | Payment of wages to an agricultural employee, as defined in Labor Code section 1140.4. (This section does not apply to employees who are covered by Labor Code section 205.) | “Waiting time” penalties equal to 1 day of wages at the employee’s standard hourly rate for each day beyond the employer’s deadline, up to a maximum of 30 days. (Lab. Code, § 203, subd. (a).) In addition, the penalties specified in Labor Code section 210. (See details above, in the entry for Labor Code section 201.3.) |
| 206 | Dispute over amount of wages due. If, after an investigation and hearing, the Labor Commissioner has determined the validity of any employees claim for wages, the claim is due and payable within 10 days after receipt of notice by the employer that such wages are due. | Any employer having the ability to pay who willfully fails to pay such wages within 10 days shall, in addition to any other applicable penalty, pay treble the amount of any damages accruing to the employee as a direct and foreseeable consequence of the failure to pay. (Lab. Code, § 206, subd. (b).) |
| 206.5 | Execution of a release of a claim or right on account of wages due, or to become due. | Violation of this section is a misdemeanor. (Lab. Code, § 206.5, subd. (a).) |
| 208 | Every employee who is discharged shall be paid at the place of discharge, and every employee who quits shall be paid at the office or agency of the employer in the county where the employee has been performing labor. | Any person, or the agent, manager, superintendent or officer thereof, who violates any provision of this section is guilty of a misdemeanor. Any failure to keep posted any notice required by Labor Code section 207 is prima facie evidence of a violation. (Lab. Code, § 215.) |
| 209 | Payment of unpaid wages of striking employees. (Also, return of any deposit, money, or other guaranty required by employer for the faithful performance of employment duties.) | Any person, or the agent, manager, superintendent or officer thereof, who violates any provision of this section is guilty of a misdemeanor. Any failure to keep posted any notice required by Labor Code section 207 is prima facie evidence of a violation. (Lab. Code, § 215.) |
| 212 | Requirements and restrictions on form of payment of wages; protest or dishonor of payment. | The penalties specified in Labor Code section 225.5. (Which are identical to those under Labor Code section 210, described in detail in the entry for Labor Code 201.3 above.) Any person, or the agent, manager, superintendent or officer thereof, who violates any provision of this section is guilty of a misdemeanor. Any failure to keep posted any notice required by Labor Code section 207 is prima facie evidence of a violation. (Lab. Code, § 215.) |
| 213, subd. (d) | Clarifies that Labor Code section 212 does not prohibit electronic deposit of wage payments. | None specified. |
| 221 | With limited exceptions, it is unlawful for an employer to make deductions from wage payments. | The penalties specified in Labor Code section 225.5. (Which are identical to those under Labor Code section 210, described in detail in the entry for Labor Code 201.3 above.) Violation of this section is a misdemeanor. (Lab. Code, § 225.) |
| 222 | It is unlawful, in case of any wage agreement arrived at through collective bargaining, either willfully or unlawfully or with intent to defraud an employee, a competitor, or any other person, to withhold from the employee any part of the wage agreed upon. | See above. |
| 223 | Unlawful for an employer to secretly pay a lower wage while purporting to pay the wage designated by statute or by contract | The penalties specified in Labor Code section 225.5. (Which are identical to those under Labor Code section 210, described in detail in the entry for Labor Code 201.3 above.) Violation of this section is a misdemeanor. (Lab. Code, § 225.) |
| 224 | Employer may withhold or divert any portion of an employee’s wages when the employer is required or empowered to do so by state or federal law or when a deduction is expressly authorized in writing by the employee or in a collective bargaining agreement. | None specified. |
| 226 | Details what employee’s pay stub or itemized wage statement must show. | An employee suffering injury as a result of a knowing and intentional failure by an employer to comply with Labor Code section 226, subdivision (a), is entitled to recover the greater of all actual damages or fifty dollars ($50) for the initial pay period in which a violation occurs and one hundred dollars ($100) per employee for each violation in a subsequent pay period, not to exceed an aggregate penalty of four thousand dollars ($4,000), and is entitled to an award of costs and reasonable attorney fees. (Lab. Code, § 226, subd. (e)(1).) Any employer who violates Labor Code section 226, subdivision (a), is also subject to a civil penalty in the amount of two hundred fifty dollars ($250) per employee per violation in an initial citation and one thousand dollars ($1,000) per employee for each violation in a subsequent citation, for which the employer fails to provide the employee a wage deduction statement or fails to keep the records required in Labor Code section 226, subdivision (a). These civil penalties are in addition to any other penalty provided by law. In enforcing this section, the Labor Commissioner shall take into consideration whether the violation was inadvertent, and in his or her discretion, may decide not to penalize an employer for a first violation when that violation was due to a clerical error or inadvertent mistake. (Lab. Code, § 226.3.) Any employer who knowingly and intentionally violates the provisions of Labor Code section 226, or any officer, agent, employee, fiduciary, or other person who has the control, receipt, custody, or disposal of, or pays, the wages due any employee, and who knowingly and intentionally participates or aids in the violation of any provision of section 226 is guilty of a misdemeanor and, upon conviction, shall be fined not more than one thousand dollars ($1,000) or be imprisoned not to exceed 1 year, or both, at the discretion of the court. That fine or imprisonment, or both, shall be in addition to any other penalty provided by law. (Lab. Code, § 226.6.) |
| 226.2 | Rules for compensation of workers paid on a piece-rate basis. | |
| 226.7 | Employer shall not require an employee to work during a meal or rest or recovery period. | One additional hour of pay at the employee’s regular rate of compensation for each workday that the meal or rest or recovery period is not provided. |
| 226.8 | Willful misclassification of a worker as an independent contractor. Charging an individual who has been willfully misclassified as an independent contractor a fee, or making any deductions from compensation, for any purpose, including for goods, materials, space rental, services, government licenses, repairs, equipment maintenance, or fines arising from the individual’s employment where any of the acts described would have violated the law if the individual had not been misclassified. | Employer shall be subject to a civil penalty of not less than five thousand dollars ($5,000) and not more than fifteen thousand dollars ($15,000) for each violation, in addition to any other penalties or fines permitted by law. (Lab. Code, § 226.8, subd. (b).) If the Labor and Workforce Development Agency (LWDA) or a court issues a determination that a person or employer has engaged in or is engaging in a pattern or practice of these violations, the person or employer shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than twenty-five thousand dollars ($25,000) for each violation, in addition to any other penalties or fines permitted by law. (Lab. Code, § 226.8, subd. (c).) |
| 227 | If an employer has made withholdings from an employee’s wages pursuant to state, local, or federal law, or has agreed with any employee to make payments to a health or welfare fund, pension fund, or vacation plan, or other similar plan for the benefit of the employees, or a negotiated industrial promotion fund, or has entered into a collective bargaining agreement providing for these payments, it is unlawful for that employer willfully or with intent to defraud to fail to remit the withholdings to the proper agency or to fail to make the payments required by the terms of that agreement. | When the amount the employer failed to pay into the fund or funds exceeds five hundred dollars ($500) it is punishable by imprisonment under Penal Code section 1170, subdivision (h), or in a county jail for a period of not more than 1 year, by a fine of not more than one thousand dollars ($1,000), or by both imprisonment and fine. All other violations are punishable as a misdemeanor. (Lab. Code, § 227.) |
| 227.3 | Payment of vested vacation time on termination. | None specified. |
| 230 | Employer may not retaliate or discriminate against an employee for (a) taking time off to serve on a jury; (b) appearing in court as a witness; (c) taking time off to obtain relief from domestic violence, sexual assault, or stalking; (e) being a victim of domestic violence, sexual assault, or stalking; or (f) requesting a reasonable accommodation for the safety of the victim while at work. | Regarding (a) and (b), reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer. (Lab. Code, § 230, subd. (g)(1).) Regarding (c), (e), and (f), reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer, as well as appropriate equitable relief (Lab. Code, § 230, subd. (g)(2).) |
| 230.1 | Protections for employee victims of domestic violence, sexual assault, or stalking, when employer has 25 or more employees. | Reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer, as well as appropriate equitable relief (Lab. Code, § 230.1, subd. (a).) |
| 230.3 | Employer may not discharge or in any manner discriminate against an employee for taking time off to perform emergency duty as a volunteer firefighter, a reserve peace officer, or emergency rescue personnel. (With exceptions for certain types of employers.) | Reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer. (Lab. Code, § 230.3, subd. (b).) |
| 230.4 | Leave rights of an employee who is a volunteer firefighter, a reserve peace officer, or an emergency rescue person for the purpose of training. (Applies to employers with 50 or more employees.) | Reinstatement and reimbursement for lost wages and work benefits caused by adverse actions of the employer (discharge, threat of discharge, demotion, suspension, or any other manner of discrimination in the terms and conditions of employment) because the employee has taken time off. (Lab. Code, § 230.4, subd. (b).) |
| 230.7 | Employee can take time off to appear in the school of a suspended pupil pursuant to a request made under Education Code section 48900.1. | Reinstatement and reimbursement for lost wages and work benefits caused by adverse actions of the employer because the employee has taken time off. (Lab. Code, § 230.7, subd. (b).) |
| 230.8 | Employer who employs 25 or more employees working at the same location shall not discharge or in any way discriminate against an employee who is a parent of one or more children of the age to attend kindergarten or grades 1 to 12, inclusive, or a licensed child care provider, for taking off up to 40 hours each year, for the purpose of certain child-related activities (see statute). | Similar to above. In addition, employer who willfully refuses to rehire, 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 shall be subject to a civil penalty in an amount equal to three times the amount of the employee’s lost wages and work benefits. (Lab. Code, § 230.8, subd. (d).) |
| 232, subd. (c) | Employer may not discharge, formally discipline, or otherwise discriminate against an employee who discloses the amount of his or her wages. | None specified. |
| 233 | Employer must permit employees to use up to half of their annually accrued and available sick leave to care for themselves or ill family members. (Does not extend the maximum period of leave to which an employee is entitled under the CFRA or the FMLA, whether or not the employee receives sick leave compensation during that leave.) | Reinstatement and actual damages or 1 day’s pay, whichever is greater, and to appropriate equitable relief. (Lab. Code, § 233, subd. (d).) Aggrieved employee can file complaint with Labor Commissioner or civil suit. Prevailing employee is entitled to attorney fees. (Lab. Code, § 233, subd. (e).) Rights and remedies are cumulative and nonexclusive. (Lab. Code, § 233, subd. (f).) |
| 234 | An employer absence control policy that counts sick leave taken pursuant to Labor Code section 233 as an absence that may lead to or result in discipline, discharge, demotion, or suspension is a per se violation of section 233. | See above. |
| 246 | Sick leave requirements. | For every paid sick day unlawfully withheld, treble damages are available up to a maximum of $250, not to exceed an aggregate penalty of $4000, enforceable only by the Labor Commissioner or Attorney General. Private Attorneys General Act (PAGA) actions are permitted, but recoveries exclude PAGA penalties and are limited to restitution, equitable or injunctive relief, and reasonable attorney fees and costs. (Lab. Code, § 248.5, subd. (e).) |
| 351 | Ownership of gratuities and timely payment of gratuities left by use of credit card. | Violation is a misdemeanor, punishable by a fine not exceeding one thousand dollars ($1,000) or by imprisonment for not exceeding 60 days, or both. (Lab. Code, § 354.) |
| 353 | Employer must keep records of gratuities. | See above. |
| 403 | Cash received from a bonded employee must be deposited in an account. | Any person or agent or officer who violates this section is guilty of a misdemeanor, punishable by a fine of from fifty dollars ($50) to one thousand dollars ($1,000), or imprisonment for not exceeding six months, or both. (Lab. Code, § 408.) |
| 404, subd. (b) | Return of money received from bonded employee, with interest. | See above. |
| 450 | Employer may not compel an applicant to pay a fee to submit or process an application for employment or compel an employee to patronize the employer, or any other person, in the purchase of anything of value | Any person, agent, or officer who violates this section is guilty of a misdemeanor. (Lab. Code, § 451.) |
| 510 | Payment of overtime compensation. | (a) Any employer or other person acting on behalf of an employer who violates, or causes to be violated, this section or any provision regulating hours and days of work in any order of the Industrial Welfare Commission is subject to a civil penalty as follows: (1) For any initial violation, fifty dollars ($50) for each underpaid employee for each pay period for which the employee was underpaid in addition to an amount sufficient to recover underpaid wages. (2) For each subsequent violation, one hundred dollars ($100) for each underpaid employee for each pay period for which the employee was underpaid in addition to an amount sufficient to recover underpaid wages. (3) Wages recovered pursuant to this section shall be paid to the affected employee. Any person who violates this section is guilty of a misdemeanor. (Lab. Code, § 553.) |
| 511 | Payment of overtime when alternative workweek schedule in place. | Penalties provided by Labor Code section 558. (See entry above for Labor Code section 510 for details.) Any person who violates this section is guilty of a misdemeanor. (Lab. Code, § 553.) |
| 512 | Meal period requirements. | See above. |
| 513 | Calculating overtime when employee has made a written request to make up work time that is or would be lost as a result of employee attending to a personal obligation. Employer may not encourage or solicit such a request. | See above. |
| 551 | Every person employed in any occupation of labor is entitled to one day’s rest therefrom in seven. | See above. |
| 552 | No employer of labor shall cause his employees to work more than six days in seven. | See above. |
| 976 | No advertisement or other solicitation offering employment as a salesman, broker, or agent, whether as an employee or independent contractor, may falsely represent the compensation or commissions that may be earned. | Any person, or agent or officer who violates this section is guilty of a misdemeanor. (Lab. Code, § 977.) |
| 1102.5 | Whistleblower protections. | An employer or any other person or entity that violates this section is guilty of a misdemeanor punishable, in the case of an individual, by imprisonment in the county jail not to exceed 1 year or a fine not to exceed one thousand dollars ($1,000) or both that fine and imprisonment, or, in the case of a corporation, by a fine not to exceed five thousand dollars ($5,000). In addition to other remedies, an employer is liable for a civil penalty not exceeding ten thousand dollars ($10,000) per employee for each violation of this section to be awarded to the employee who was retaliated against. (Lab. Code, § 1102.5, subd. (f)(1).) The court may award attorney’s fees to prevailing plaintiff. (Lab. Code, § 1102.5, subd. (j).) Injunctive relief is also available. (Lab. Code, §§ 1102.61, 1102.62.) |
| 1174, subds. (c)–(d) | Requiring employers to keep payroll records. | Employer who willfully fails to maintain the records required by Labor Code section 1174, subdivision (c), or accurate and complete records required by Labor Code section 1174, subdivision (d), shall be subject to a civil penalty of five hundred dollars ($500). (Lab. Code, § 1174.5.) Any person, officer, or agent who fails to keep any of the records required by section 1174 is guilty of a misdemeanor. (Lab. Code, § 1175, subd. (d).) |
| 1182.12 | Minimum wage provision, with schedule of increases. | None specified. |
| 1194 | 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. | Plus interest at the legal rate, reasonable attorney fees, and costs of suit. (Lab. Code, § 1194.) In an action to recover minimum wages, liquidated damages in an amount equal to the wages unlawfully unpaid and interest thereon. (Note that the liquidated damages provision does not apply to unpaid overtime wages.) (Lab. Code, § 1194.2, subd. (a).) |
| 1197 | Payment of minimum wage. | See below. |
| 1197.1 | Penalty provision for failure to pay minimum wage. Also provides for Labor Commissioner investigation and subsequent proceedings. (See also Labor Code section 1197.2.) | (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 applicable state or local law, shall be subject to a civil penalty, restitution of wages, liquidated damages payable to the employee, and any applicable penalties imposed under Labor Code section 203 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. This amount shall be in addition to an amount sufficient to recover underpaid wages, liquidated damages under Labor Code section 1194.2, and any applicable penalties imposed under Labor Code section 203. (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. This amount shall be in addition to an amount sufficient to recover underpaid wages, liquidated damages under Labor Code section 1194.2, and any applicable penalties imposed under Labor Code section 203. (3) Wages, liquidated damages, and any applicable penalties imposed under Labor Code section 203, recovered under this section shall be paid to the affected employee. (Lab. Code, §1197.1, subds. (a)(1)–(3).) |
| 1197.5 | California’s Fair Pay Act | Any employer who violates Labor Code section 1197.5, subdivisions (a) or (b) 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 an additional equal amount as liquidated damages. (Lab. Code, §1197.5, subd. (c).) An employee is also entitled to the costs of the suit and reasonable attorney fees. (Lab. Code, §1197.5, subd. (h).) See also the penalties available under Labor Code section 201.3 above, which apply to violations of Labor Code section 1197.5. And see the penalties under Labor Code section 1199.5 below, which apply to violations of Labor Code section 1197.5. |
| 1198 | Maximum hours of work. | See below. |
| 1198.3, subd. (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 Industrial Welfare Commission (IWC). | See below. |
| 1199 | Every employer or other person acting either individually or as an officer, agent, or employee of another person may not: (a) Require or cause any employee to work for longer hours than those fixed, or under conditions of labor prohibited by an order of the IWC; (b) Pay or cause to be paid to any employee a wage less than the minimum fixed by an order of the IWC; or (c) Violate or refuse or neglect to comply with any provision of this chapter (Lab. Code, §§ 1171–1206), or any order or ruling of the IWC. | Violator 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. (Lab. Code, § 1199.) |
| 1199.5 | Every employer or other person acting either individually or as an officer, agent, or employee of another person 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 another sex, race, or ethnicity, as required by Labor Code section 1197.5; or (b) Reduces the wages of any employee in order to comply with Section 1197.5 is subject to the penalties detailed in the next column. | Such 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 6 months, or by both. No person shall be imprisoned under this section except for an offense committed after the conviction of the person for a prior offense under this section. (Lab. Code, § 1199.5.) |
| 1392 | May not require a minor to work more than 8 hours per day. | Violation is a misdemeanor. |
| 1771 | Requirement to pay the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed. | See Labor Code section 1773.1, subdivision (a) for the definition of “per diem wages.” |
| 1774 | The contractor to whom the public works contract is awarded, and any subcontractor under it, shall pay not less than the specified prevailing rates of wages to all workers employed in the execution of the contract. | See Labor Code section 1775 for applicable penalties. |
| 1776 | Contractor must keep accurate payroll records. | The contractor or subcontractor has 10 days in which to comply subsequent to receipt of a written notice requesting the payroll records. In the event that the contractor or subcontractor fails to comply within the 10-day period, the contractor or subcontractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. (Lab. Code, § 1776, subd. (h).) |
| 1777.5 | Permissible to employ properly registered apprentices who are active participants in an approved apprenticeship program under the jurisdiction of the California Apprenticeship Council. | Labor Commissioner determines penalties under Labor Code section 1777.7. |
| 1811 | The time of service of any worker employed upon public work is limited and restricted to 8 hours during any 1 calendar day, and 40 hours during any 1 calendar week. | Unless overtime is paid as provided in Labor Code section 1815, the contractor or subcontractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit twenty-five dollars ($25) for each worker required or permitted to work more hours than those provided in section 1811. (Lab. Code, § 1813.) |
| 1815 | Work in excess of the above must be compensated at 1 1/2 times the basic rate of pay. | See above. |
| 2802 | An employer shall indemnify his or her employee for all necessary expenditures or losses incurred by the employee in direct consequence of the discharge of his or her duties. | The term “necessary expenditures or losses” includes all reasonable costs, including, but not limited to, attorney fees incurred by the employee enforcing the rights granted by this section. (Lab. Code, § 2802, subd. (c).) Any award by the Labor Commissioner or court shall carry interest at the legal rate. Interest shall accrue from the date on which the employee incurred the necessary expenditure or loss. (Lab. Code, § 2802, subd. (b).) |
| 2810 | A person or entity shall not enter into a contract or agreement for labor or services with a construction, farm labor, garment, janitorial, security guard, or warehouse contractor, where the person or entity knows or should know that the contract or agreement does not include funds sufficient to allow the contractor to comply with all applicable local, state, and federal laws or regulations governing the labor or services to be provided. | An aggrieved employee may file an action for damages to recover the greater of all of the employee’s actual damages or two hundred fifty dollars ($250) per employee per violation for an initial violation and one thousand dollars ($1,000) per employee for each subsequent violation, and, upon prevailing in an action brought under this section, may recover costs and reasonable attorney fees. An aggrieved employee may also bring an action for injunctive relief and, on prevailing, may recover costs and reasonable attorney fees. (Lab. Code, § 2810, subds. (g)(1)–(2).) |
| 2929, subd. (b) | No employer may discharge any employee by reason of the fact that the garnishment of his or her wages has been threatened. | Unless the employee has greater rights under a contract of employment, the wages of an employee who is discharged in violation of this section shall continue until reinstatement notwithstanding such discharge, but such wages shall not continue for more than 30 days and shall not exceed the amount of wages earned during the 30 calendar days immediately preceding the date of the levy of execution upon the employee’s wages which resulted in his or her discharge. (Lab. Code, § 2929, subd. (c).) |
If you think any of these labor codes have been violated, contact Bluestone Law today. Our team of employment law specialists are ready to assist you with the expert legal assistance you need to bring your dispute to a successful close. Contact us today.
Areas of Practice
Bluestone specializes exclusively in plaintiff-side employment law, representing employees in a broad spectrum of matters, including but not limited to:
Wrongful Termination
Protecting employees who have been unjustly terminated from their positions.
Workplace Discrimination
Fighting against discrimination based on factors such as race, gender, age, religion, disability, or national origin.
Sexual Harassment
Holding accountable those responsible for sexual harassment in the workplace and advocating for survivors.
Retaliation Claims
Assisting employees who have faced adverse actions as a result of asserting their legal rights.
Wage and Hour Disputes
Advocating for fair compensation, including cases involving unpaid wages, overtime violations, or misclassification.
Whistleblower Protection
Safeguarding employees who expose illegal or unethical practices within their organizations.
Family and Medical Leave Act (FMLA) Violations
Protecting the rights of employees seeking time off for family or medical reasons.
Employment Contract Disputes
Assisting in matters involving breaches of employment contracts, non-compete agreements, or severance negotiations.
We warmly invite you to reach out to our dedicated team at Bluestone to discuss your employment law concerns. Our compassionate attorneys are ready to listen attentively, provide expert guidance, and zealously advocate for your rights. Together, we can navigate the complex legal landscape and strive for a fair and equitable workplace.
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