Labor Commission Pre-Hearing Brief Osuji V Atlas

Rick Siegel
22971 Darien Street

Woodland Hills, CA 91364
323.864.7474 mobile
rick@marathonentco.com
non-attorney representative for
Respondent
DIVISION OF LABOR STANDARDS ENFORCEMENT

DEPARTMENT OF INDUSTRIAL RELATIONS
STATE OF CALIFORNIA
)
CASSANDRA OSUJI, an individual, ) CASE: TAC - 52902
)
Petitioner, )
)
vs. )
) PRE-HEARING BRIEF
MARILYN R ATLAS individually, and )
doing business as MARILYN ATLAS )
MANAGEMENT, )
)
Respondent )
___________________________________ )
TO THE HEARING OFFICER AND PETITIONER,
Submitted below, the rationale as to why the entwining Respondent into a TAA
controversy, no less potentially voiding her contractual rights, is an extrajudicial action
and how there is no legal or constitutional rationale to do anything but uphold
Respondent’s contractual rights. This brief stands for the simple notion that personal
managers have the same rights to be paid for their work as all other Californians.
Respectfully Submitted on March 8, 2024,
Rick Siegel, non-attorney representative for Respondent

1
I. ISSUES FOR CONSIDERATION AND ADJUDICATION
In the recent determination in Salazar v. Pardoe, TAC – 52863, hearing officer Casey
L. Raymond and Labor Commissioner Lilia Garcia-Brower (“Commissioner”, “CLC”)
stated how, “This case raises the following legal issues:
A. Whether the manager procured entertainment engagements without a talent
agencies license under the Talent Agencies Act (Act, TAA)?1
B. Whether the Labor Commissioner may award any remedy to an artist for a
manager’s unlicensed procurement of work, including voiding the contract
ab initio or severing the offending practices?
C. Whether the appropriate remedy in this case is to void the entire contract. Ab
initio, or sever the offending practices under the principles articulated in
Marathon Entertainment v. Blasi, 42 Cal.4th 974 (2008)?”
In only considering those issues, the Commissioner ignored the material issues raised
by the manager at that time and are raised again for consideration and determination here:
A. Does the plain language in Labor Code 1700.4 (a) reserve any of the three
defining activities of a talent agent – procuring,2 directing or counseling –
for licensees, or conversely, does that or any other statute in the TAA bar
unlicensed persons from engaging in any of those three activities?
B. As the Legislature chose not to put a penalty provision in the Talent
Agencies Act for procurement, can the CLC lawfully create one?
C. Without the TAA having “any provision therein indicating in the slightest
this failure [to get a license] was intended to affect in any degree the right of
contract,” which per Wood v. Krepps, 168 Cal. 382, 386 (1914), requires
adjudicators to uphold the contract of an unlicensed person (as restated in
Marathon Entertainment v. Blasi, 140 Cal.App.4th 1001, 1010 (2006), can
the CLC legally affect/void Respondent’s contractual rights?
1
This and all future mentions of the term ‘manager’ means personal manager.
2
This and all future mentions of the term ‘procurement’ , ‘procure’ or ‘procuring’ means procuring employment
opportunities for an artist.
2
II. LEGAL ARGUMENT
A. Does the plain language in Labor Code 1700.4 (a) reserve procuring for
licensees, or conversely, does that or any other statute in the TAA bar
unlicensed persons from engaging in any of those three activities?
In the licensing scheme’s 70-year history, no such statute has ever existed. Nor, as the
Commissioner claims, was Marathon asked and found at p. 986 that the TAA regulates
procurement. Marathon (1): affirmed the Court of Appeals ruling that the CLC had to
consider severance after finding a violation for unlicensed procurement, and (2) found that
personal managers could be subject to the regulations of the TAA. The procurement issue
was dicta; a listing of the many cases accepting the holding in Buchwald v. Superior
Court, 254 Cal. App. 2d 347 (1967).
If there were no multiple higher court holdings mooting Buchwald, the Commissioner
could rely on Buchwald. But there are many.
As stated in Marathon (at p. 984): “The Act's roots extend back to 1913, when the
Legislature passed the Private Employment Agencies Law and imposed the first licensing
requirements for employment agents. From an early time, the Legislature was concerned
that those representing aspiring artists might take advantage of them, whether by
concealing conflicts of interest when agents split fees with the venues where they booked
their clients, or by sending clients to houses of ill repute under the guise of providing
"employment opportunities." (See Stats. 1913, ch. 282, § 14, pp. 519-520 [prohibiting
agents from fee splitting, sending artists to "house[s] of ill fame" or saloons, or allowing
"persons of bad character" to frequent their establishments]; Talent Agencies Act, at pp.
386-387; Regulation of Attorneys, at p. 493.)”
At no time did the Legislature voice concern an unlicensed person finding meaningful
employment for an artist was something it needed to prohibit. Why would it?
Labor Code § 1700.4 (a) lists three defining activities. There is nothing in that or any
other TAA statute that says that only licensees can procure, or bars unlicensed persons
from procuring, or states that unlicensed persons can or cannot direct or procure.
3
No court has ever opined on whether § 1700.44 (a) has the required verbiage to stand
as a prohibitionary statute, or if and if so, how it reserves one of the defined activities for
licensees. Thus, this ruling must show proof of statutory authority and why the anomalous
verbiage from all other licensing schemes is not a spotlight of the Act’s deficiencies.
In denying Respondent’s Motion for Directed Verdict, the hearing officer stated that
everything in that motion “will be considered” in deciding this controversy.
Pages 11-14 of the motion delineate how all state licensing schemes regulating the
activities of a licensed profession include plain language letting its readers know those
actions are reserved for licensees. The TAA has no such verbiage.
The determination must either admit the TAA does not have any notice expressly
reserving procurement for licensees/bar unlicensed persons from procuring or point out
language in the Act that aligns to, for instance, where the CA State Contractor’s Act makes
it unlawful to advertise (BPC § 7027.1 - §7027.4) or engage in the activity of contracting
(BPC § 7028). It specifically defined each activity that is reserved for licensees (BPC
7026.3 – 7026.12, § 7055 – 7058), including those that require additional certification
(BPC 7058.5 – 7058.7), and assigns individual remedies to each violation. BPC § 7027.1
(c), § 7027.3, § 7028 (a) – (h), § 7028.1 (a) and (b).
As the TAA has no verbiage mirroring other schemes giving notice such as...
• only licensed cytotechnologists can examine cytological slides (§ 1270 (a)),
• only licensed physicians may prescribe drugs (BPC § 2052),
• only those with valid state veterinary licenses can practice veterinary medicine
(BPC § 4825.1), or like every other licensing scheme that regulates actions,
• only those with valid locksmith licenses can locksmith (BPC § 6980.10),
... the Commissioner must rule that the TAA does not reserve procurement for licensees.
B. As the Legislature chose not to put a penalty provision in the Talent Agencies
Act for procurement, can the CLC lawfully create and enforce one?
No; “An administrative agency cannot by its own regulations create a remedy which
the Legislature has withheld. Administrative regulations that alter or amend the statute or
enlarge or impair its scope are void and courts not only may, but it is their obligation to
4
strike down such regulations.” Dyna-Med Inc. v. Fair Empl. & Housing Comm., 43 Cal.
3d 1385,1388 (1987).
Assigning penalties “is a task outside the bounds of judicial interpretation;” it is a job
reserved for the legislative branch. See U.S. v Evans, 333. U.S. 483, 485-586 (1948).
The Legislature understands statutory directives. Exhibit 1 is a Westlaw list showing
the 306 times it codified Labor Code laws that cross-reference Civil Code statutes. If the
Legislature was requiring the Commissioner to incorporate the severability statutes, it
could and would have made it 307 cross-references.
The Commissioner must concede the Talent Agencies Act has no penalty provision:
Per Marathon v. Blasi, 42 Cal.4th 974 (2008) at 991: “The Act is silent — completely
silent — on the subject of the proper remedy for illegal procurement.”
Also at 991: “The Act provides no remedy for its violation.”
And at 995: “The Legislature has not seen fit to specify the remedy for violations of
the Act.” Marathon does not say the Labor Code licensing scheme has a non-cross-
referenced remedy one can telepathically find in the middle of the Civil Code.
Neither can the Commissioner.
Civil Code § 1598 and 1599 are mitigation provisions; the doctrine of severability.
Claiming they stand alone as remedies is patently absurd and completely opposite to the
doctrine’s idea.
Marathon insisted adjudicators consider severability only after finding an unlicensed
person had unlawfully procured as a needed guardrail to the draconian, arbitrary nature of
the Commissioner’s history of enforcement. There are examples of how even a single
violation – accepting only for this example that unlicensed procurement is a violation of
law – had resulted in the loss of years of income (see Blasi v. Marathon, TAC 2003-15,
where four immaterial opportunities in a four-year relationship led to voiding over
$1,000,000 in owed commissions; Nipote v. Lapidus, TAC 1993-13; where finding the
procuring of one corporate Christmas gig so Nipote would have enough money to buy his
children Christmas presents resulted in the loss of over $400,000 in subsequent
commissions after the artist was hired on a long-running series).
5
Common sense makes the idea of severability being a penalty statute nonsense.
An adjudicator would only think to incorporate severability – which are mitigation,
not penalty statutes; deciding if equitable considerations require adjudicators to lessen the
harshness of the remedy – after a finding of a violation.
There is no reason to consider mitigating a penalty if none had yet been meted out.
Quoting Marathon at 991:
“the text of Civil Code section 1599 is clear. Adopted in
1872, it codifies the common law doctrine of severability of
contracts: ‘Where a contract has several distinct objects, of
which one at least is lawful, and one at least is unlawful, in
whole or in part, the contract is void as to the latter and valid
as to the rest.’ By its terms, it applies even — indeed, only —
when the parties have contracted, in part, for something
illegal. Notwithstanding any such illegality, it preserves and
enforces any lawful portion of a parties' contract that feasibly
may be severed.
“Civil Code § 1598 codifies the companion principle for
when severability is infeasible: "Where a contract has but a
single object, and such object is unlawful, whether in whole
or in part . . ., the entire contract is void."
Here, without the TAA having a remedy for unlicensed procurement, there is no
violation of law. “Violations of law are ‘made up of two parts, forbidden conduct and a
prescribed penalty. The former without the latter is no [violation].’” Wayne R. LaFave,
Substantive Criminal Law § 1.2(d), (1986), U.S. v Evans, 333. U.S. 483, 485-586 (1948).
Without any violation of law, the severability statutes are irrelevant.
The administrative agency neither has the power to decide constitutional questions
nor to enforce the Act unconstitutionally. However, that does not give the CLC leave to
twist State Supreme Court holdings in a way solely to wrongly compromise managers.
Enough.
C. Can the CLC lawfully void or in any way affect Respondent’s contractual rights?
No.
6
In Jude Salazar v. Iris Talent, TAC–52862 (p. 5, lns. 15-18), the Commissioner rejects
a manager’s argument “that because the Talent Agencies Act lacks and explicit remedy for
unlicensed procurement by a manager, the Labor Commissioner cannot void or sever the
contract” because “binding precedent clearly rejects this interpretation.”
Neither Marathon nor any binding precedent says anything of the sort.
Yes, as stated in Iris, p.5, on lines 18-20, Marathon speaks to the “remedies available
for unlicensed procurement under the Act,” but as stated above, that was not a question at
bar nor did that court opine on the implications of the Act’s lack of remedy.
Other cases have directly opined to the implications of a statute without remedy:
• Wood v. Krepps, 168 Cal. 382 (1914) considered and opined on that question,
upholding an unlicensed locksmith’s contract because the licensing scheme had no
“provision therein indicating in the slightest this failure was intended to affect in any
degree the right of contract.” Id. at 386. Marathon v. Blasi, 140 Cal.App.4th 1001, 1010
(2006) memorialized how in Wood v. Krepps, the State Supreme Court:
“enforced a promissory note despite the plaintiff
pawnbroker's violation of a municipal business licensing statute
that, like the Act, did not expressly prohibit the enforcement of
contracts made in violation of the statute. . . . The ordinance
does not pretend to prescribe or prohibit the business. . . . The
ordinance does not declare that a contract made by any one in
the conduct of the various businesses for which licenses are
provided to be procured under the ordinances, shall, if a license
is not obtained, be invalid; nor is there any provision therein
indicating in the slightest that this failure was intended to affect
in any degree the right of contract."
The TAA has no provision indicating the failure to get a license is to affect any
contractual rights, leaving the CLC without authority to do anything but uphold them.
• Smith v. Bach, 183 Cal. 259, 262 (1920) was directly asked to and opined on the
implications of a statutory scheme’s lack of an explicit remedy: “The imposition by
statute of a penalty implies a prohibition of the act to which the penalty is attached, and a
contract founded upon such act is void.”
7
The TAA has no penalty statute, no implication of a prohibition, and as such the
Respondent’s contract is not subject to voidance.
• Loving & Evans v. Blick, 33 Cal. 2d 603, 608-609 (1945) was directly asked to and
opined on the implications of a statutory scheme’s lack of an explicit remedy:
“[I]t has been repeatedly declared in this state that
‘a contract made contrary to the terms of a law
designed for the protection of the public and
prescribing a penalty for the violation thereof is illegal
and void, and no action may be brought to enforce
such contract.’” (Emphasis added.)
As the TAA does not prescribe a penalty for unlicensed procurement, actions can be
brought to uphold a contract, or specific to the instant matter, per Loving, the Petitioner
does not have the legal right to avoid her contractual obligations to the Respondent.
• Severance v. Knight-Counihan, 29 Cal. 2d 561, 568 (1947) was directly asked and
opined on the implications:
“If the statute does not provide expressly that its
violation will deprive the parties to sue on the contract
and the denial of the relief is wholly out of proportion
to the requirements of public policy or appropriate
individual punishment, the right to recover will not be
denied.” Id. at 572.
As the TAA has no penalty statute, no implication of a prohibition, Respondent’s
contract is not subject to voidance and the right to recover is not to be denied.
The only question is when will the Commissioner stop denying the undeniable.
Exhibit 1 of the Cross-Petitioner’s Brief is the state of the relevant law since the
Private Employment Agencies Act (“PEAA”) was originally passed in 1913, based on the
Legislature’s concern “that those representing aspiring artists might take advantage of
them, whether by concealing conflicts of interest when agents split fees with the venues
where they booked their clients, or by sending clients to houses of ill repute under the
guise of providing ‘employment opportunities.’" Marathon supra, at p. 984.
8
As Marathon tells us, the concern was to keep ingenues from being scammed by
those looking for women to work in lurid places, not to keep artists from anyone trying to
help them get legitimate work. That fact aligns with the fact that in the 111 years since
first enacting laws to regulate employment counselors, the Legislature never codified a
statute in the PEAA, the Artists’ Managers Act or the TAA reserving procurement for
licensees, as the aforementioned activities were for cytotechnologists, physicians,
locksmiths, veterinarians, and so many other regulated professions.
No iteration of the employment licensing scheme barred anyone, licensed or
unlicensed, from helping someone else get a job with a third party or assigned a penalty
for doing so, and pointedly, there is not and has never been a statute that, as Wood v.
Krupp demands, “any provision therein indicating in the slightest that this failure was
intended to affect in any degree the right of contract."
The Commissioner must finally stop acting in an extrajudicial and unconstitutional
barrier to the proper enforcement.
III. CONCLUSION
Quoting Salazar, “The Labor Commissioner cannot ignore fifty years of binding
precedent even if she believed a binding court incorrectly analyzed previous precedent.”
This brief has shown, unequivocally, the Commissioner is actually doing the same
thing the Labor Commissioner did in 1953: intentionally misinterpreting Marathon and
that the Act has no remedy, and in labeling the doctrine of severability as a penalty
provision and not a guardrail, requiring the CLC to consider severance instead of just
voiding contracts ab initio.
Worse, in doing so, the Commissioner ignores six CA Supreme Court decisions: four
holding that without penalty provisions contracts must be upheld, two which bar the
administrative agency from creating remedies the legislature withheld.
While the CLC may not have the power to opine on constitutional questions, nor does
it have a legal right to enforce the TAA unconstitutionally. As is obvious and as fully
explained in the Motion for Directed Verdict, the Act does not reach the constitutional bar
9
of explaining who is being regulated, what is being regulated, and what the consequence is
should one violate the regulation. As the Commissioner concluded in the 1986 Report of
the Entertainment Commission, the lack of a redline between what is and is not lawful
“leaves reasonable persons in doubt about the meaning of the language or whether a
violation has occurred,” mirroring the words of how the U.S. Supreme Court describes a
statute being unconstitutionally vague. That the Commissioner felt the need to inform the
Legislature the Act is as written and thus enforced is unconstitutionally vague, yet for
thirty years hence enforces the Act as if there was constitutional clarity, and by doing so
unconstitutionally compromise personal managers most basic of American rights, the
benefit of their labors, is wantonly evil, and a pretty odd, discriminatory thing for the very
person the State has put in charge of making all Californians are paid fairly to do.
Even if there was controlling precedent, should the Commissioner not accept all of the
above it would ignore her responsibility, which, “in accordance with the provisions of
Chapter 4 (commencing at Section 11370), Part 1, Division 3, Title 2 of the Government
Code,” instructs her to “adopt, amend, and repeal such rules and regulations as are
reasonably necessary for the purpose of enforcing and administering this chapter and as
are not inconsistent with this chapter.”
A Labor Commissioner’s duplicitous actions in 1953 (as described in pgs. 7-9 of the
Motion for Directed Verdict) asking the Radin court to enforce statutes he knew did not
exist in 1953 created this morass. It is time for this Labor Commissioner to fix it.
Enough.
Submitted on March 18, 2024 by
Rick Siegel
Non-attorney representative for Respondent
10
PROOF OF SERVICE
STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
I am employed in the County of Los Angeles, State of California. I am over

the age of 18 and a not party to the action entitled MARILYN ATLAS,
COUNTER-PETITIONER, and CASSANDRA OSUJI, COUNTER-
RESPONDENT.
My address is 22971 Darien Street, Woodland Hills CA 91364.
On MARCH 18, 2024, I facilitated service of the within document described as:
PRE-HEARING BRIEF
on the interested parties in this action as stated on the below service list.
THE SERVICE WAS MADE

[ X ] BY E-MAIL By electronically transmitting a true copy of the foregoing
document(s) to cassieosuji20@gmail.com, matlas704@yahoo.com
Executed on March 18, 2024, at Los Angeles, California.
Rick Siegel
11
Exhibit 1
12
List of 306 results for adv: “civil code”
1. D. 4.5, Refs & Annos

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...of medical information, exemptions from limitations of this Part, see Civil Code §56.30 Hospital liens, lien for emergency and
ongoing medical services, injury by accident or wrongful act, see Civil Code §3045.1 Scholarships for dependents of peace
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2. D. 4.7, Refs & Annos

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federal law in...
3. §§3000 to 3005.Repealed by Stats.1969, c. 1537, p. 3132, §1

CA LABOR § 3004 West’s Annotated California Codes
Labor Code
Division 3. Employment Relations
Chapter 3. Master and Servant [Repealed]
...1937, c. 90, p. 261, §3000, derived from former Civil Code §2009, enacted in 1872, defined servant. Section 3001,
enacted...
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9. §2680.5.Pricing and quality disputes between manufacturers and contractors; authority to

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Part 11. Garment Manufacturing
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of...
11. §2850.Gratuitous service; performance; degree of care

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Labor Code
Chapter 2. Employer and Employee
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...§2850.) HISTORICAL AND STATUTORY NOTES 2020 Main Volume Derivation Civil Code former §1975, enacted in 1872.
CROSS REFERENCES Care required, Gratuitous bailees, see Civil Code §1886 Gratuitous carriers of persons, see Civil
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Division 4. Workers’ Compensation and Insurance
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...p. 3502, §1.) CROSS REFERENCES Damages, General principles, see Civil Code §3281 et seq. Interest on damages, see
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Employee defined for purposes of this...

20. §1695.6.Contract with unlicensed farm labor contractor; prohibition

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...2699.5 Contract defined for purposes of this Chapter, see Civil Code §1695.1 Equity purchaser defined for purposes of this
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CROSS REFERENCES Power of agent to delegate his powers, see Civil Code §2349 Relationship of principal and sub-agent
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RESEARCH REFERENCES Encyclopedias 29...
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Chapter 5. Subrogation of Employer
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CROSS REFERENCES Degree of skill required of borrowers, see Civil Code §1888 Degree of skill required of carriers, see
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26. §§301 to 304.Repealed by Stats.1941, c. 529, p. 1851, §§1 to 4

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30. §2800.Losses caused by employer’s negligence; indemnification

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CROSS REFERENCES Compensatory relief, generally, see Civil Code §3281 et seq. Damages, Generally, see Civil Code
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CROSS REFERENCES Person defined...
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Labor Code
Chapter 1. Payment of Wages
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...meaning as in subdivision (b) of Section 3294 of the Civil Code (4)Operates a business in the same industry and the...
36. §218.7.Direct contractors; contracts entered into between January 1, 2018, and December 31,
2021; liability; enforcement; exception for public employees; subcontractors’ duties
Labor Code
...of the direct contract, pursuant to Section 8182 of the Civil Code (2)Recordation of a notice of cessation of the work...
...by the direct contract, pursuant to Section 8188 of the Civil Code (3)Actual completion of the work covered by the direct...
37. §3855.Action by employee; evidence of compensation payments and liability or of loss of

employee’s earning capacity; proof of other items of damage
Labor Code
...employer, see Labor Code §4701 Damages, General principles, see Civil Code §3281 et seq. Interest on damages, see

38. §2750.6.Physician and surgeon as independent contractor; rebuttable presumption

Labor Code
...1984, c. 783, §1.) CROSS REFERENCES Contracts, Generally, see Civil Code §1549 et seq. Interpretation, see Civil
Code §1635 et seq. RESEARCH REFERENCES Encyclopedias 29 Cal. Jur...
39. §60.9.Division of Occupational Safety and Health; health, safety, and carcinogen control units;
laboratory services and personnel; agreements
Labor Code
Chapter 1. General Powers and Duties
...1989, c. 299, §1. CROSS REFERENCES Contracts, Generally, see Civil Code §1549 et seq. Interpretation, see Civil Code
§1635 et seq. Department defined for purposes of this...
40. §2856.Compliance with employer’s directions

Labor Code
...§2856.) HISTORICAL AND STATUTORY NOTES 2020 Main Volume Derivation Civil Code former §1981, amended by
Code Am.1873-74, c...
...§208. CROSS REFERENCES Agent’s powers to disobey instructions, see Civil Code §2320 Obedience required of,
Carriers, see Civil Code §2115 Factors, see Civil Code §2027 LAW REVIEW AND JOURNAL COMMENTARIES Returning
to first...
41. §5406.6.Death from HIV-related disease; limitation of actions for proceedings for death benefits
Labor Code


Part 4. Compensation Proceedings
Chapter 2. Limitations of Proceedings
...health care, as defined in Section 56.05 of the Civil Code , including, but not limited to, a registered nurse, licensed
vocational...
...subdivision (d) of” prior to “ Section 56.05 of the Civil Code For legislative findings and declarations and cost reimbursement
provisions relating...
42. §3208.05.Injury; bloodborne disease; preventive care to health care worker; documentation;
human immunodeficiency virus
Labor Code
Chapter 1. General Provisions
...health care as defined in Section 56.05 of the Civil Code , and who is exposed to human blood or other bodily...
...subdivision (d) of” prior to “ Section 56.05 of the Civil Code For legislative findings and declarations and cost reimbursement
provisions relating...
43. §8.Writing requirement; use of certified mail

Labor Code
General Provisions
...§9605 CROSS REFERENCES Writing includes printing and typewriting, see Civil Code §14 Code of Civil Procedure §17
Written words control printed, see Civil Code §1651 Code of Civil Procedure §1862 LAW REVIEW...
44. §2686.Notice of dispute; appointment and composition of panel

Labor Code
Chapter 3. Arbitration
...this Part, see Labor Code §2671 Contracts, Generally, see Civil Code §1549 et seq. Interpretation, see Civil Code §1635 et
seq. RESEARCH REFERENCES Other References Labor & Employment...

45. D. 2, Pt. 4, Ch. 1, Refs & Annos

CA LABOR D. 2, Pt. 4, Ch. 1, Refs & Annos West’s Annotated California Codes
Labor Code
Part 4. Employees
Chapter 1. Wages, Hours and Working Conditions
...be given to jobseekers and necessity of personal interview, see Civil Code §1812.509 Industrial homeworkers, applicability
of this chapter, see...
...Code §2665 Job listing services, illegal employment, minors, see Civil Code §1812.521 Minimum wages, general welfare of
employees, see...
46. §2510.Action in superior court; violations; awards; enforcement; remedies

Labor Code
Part 9.5. Grocery Workers
...plans. (4)Punitive damages pursuant to Section 3294 of the Civil Code (5)The court may award reasonable attorney’s fees
and costs...
...interest specified in subdivision (b) of Section 3289 of the Civil Code (i)The remedies, penalties, and procedures provided
under this section...
47. §1110.Agreements between two or more persons; legality

Labor Code
Chapter 6. Agreements in Connection with Trade Disputes
...see Penal Code §182 et seq. Contracts, Generally, see Civil Code §1549 et seq. Interpretation, see Civil Code §1635 et
seq. Person defined for purposes of this...
48. §1740.Public contracts; modification to comply with federal wage schedules without
republication
Labor Code
Part 7. Public Works and Public Agencies
Chapter 1. Public Works

Article 1. Scope and Operation

...Code, see Labor Code §18.5 Contracts, Generally, see Civil Code §1549 et seq. Interpretation, see Civil Code §1635 et
seq. Department defined for purposes of this...
49. §1060.Definitions
Labor Code
...Labor Code, see Labor Code §5 Contracts, Generally, see Civil Code §1549 et seq. Interpretation, see Civil Code §1635 et
seq. Definitions, words and phrases, generally, see...
50. §1700.31.Employment in violation of law

Labor Code
Part 6. Licensing
Chapter 4. Talent Agencies
Article 3. Operation and Management
...Code, see Labor Code §18.5 Contracts, generally, see Civil Code §1549 et seq. Contracts, interpretation, see Civil Code
§1635 et seq. Talent agency and artists defined, see...
51. §3087.Repealed by Stats.1963, c. 708, p. 1713, §1

Labor Code
Chapter 4. Apprenticeship and Preapprenticeship
Article 2. Apprenticeship Programs
...3087, enacted by Stats.1937, c. 90, derived from former Civil Code §274, relating to indenture and apprenticeship of
minors, was...
52. §3088.Severability of chapter provisions


Labor Code
minors, was...
53. §17.Signature and subscription defined

Labor Code
General Provisions
...Government Code §11100 et seq. Signature by mark, see Civil Code §14 Code of Civil Procedure §17 Revenue and...
54. §1104.Responsibility of employer for actions of agents

Labor Code
Chapter 5. Political Affiliations
...CROSS REFERENCES Liability of principal for acts of agent, see Civil Code §§2338 2339 RESEARCH REFERENCES
Encyclopedias 41 Cal. Jur. 3d...
55. §3762.Factors affecting employer’s premium; disclosures by insurer

Labor Code
Article 3. Insurance Rights and Privileges
...medical information, as defined in Section 56.05 of the Civil Code , about an employee who has filed a workers’
compensation claim...
...subdivision (b) of” prior to “ Section 56.05 of the Civil Code ”, and rewrote par. (1) of subd. (c), which read: “(1...
56. §2921.Notice of death or incapacity of employer



Labor Code
Stats.1901, c. 157, p...
...413, §315. CROSS REFERENCES Termination of agency, generally, see Civil Code §§2355 2356 RESEARCH
REFERENCES Encyclopedias 29 Cal. Jur. 3d...
57. §2677.Manufacturer contracting with unregistered or unbonded employer; joint liability; civil
actions by employees
Labor Code
Chapter 2. Registration
...see Code of Civil Procedure §1021 Contracts, Generally, see Civil Code §1549 et seq. Interpretation, see Civil Code §1635
et seq. Garment manufacturing defined for purposes of...
58. §1132.4.Employee
Labor Code
Chapter 8. Professional Strikebreakers
Article 2. Definitions
...1094, p. 2662, §1. CROSS REFERENCES Contracts, Generally, see Civil Code §1549 et seq. Interpretation, see Civil
Code §1635 et seq. Employer defined for purposes of this...
59. §1291.Work for manufacturing establishment

Labor Code
Part 4. Employees
Chapter 2. Occupational Privileges and Restrictions
...259, p. 415, §1. CROSS REFERENCES Contracts, Generally, see Civil Code §1549 et seq. Interpretation, see Civil Code
§1635 et seq. Foundries and metal shops, see Labor...

60. §218.8.Direct contractors; contracts entered into on or after January 1, 2022; liability;
enforcement; exception for public employees; subcontractors’ duties
Labor Code
...of the direct contract, pursuant to Section 8182 of the Civil Code (2)Recordation of a notice of cessation of the work...
...by the direct contract, pursuant to Section 8188 of the Civil Code (3)Actual completion of the work covered by the direct...
61. §3732.Recovery of damages from person or entity other than employer causing injury or death of
employee
Labor Code
Article 2. Uninsured Employers Fund
...Code of Civil Procedure §1021 Damages, General principles, see Civil Code §3281 et seq. Interest on damages, see Civil
62. D. 4.5, Ch. 4, Refs & Annos

CA LABOR D. 4.5, Ch. 4, Refs & Annos West’s Annotated California Codes
Labor Code
Division 4.5. Workers’ Compensation and Insurance: State Employees Not Otherwise Covered
Chapter 4. Benefits and Procedure
...on recovery for injuries not covered by this division, see Civil Code §3045.1 West’s Ann. Cal. Labor Code D. 4...
63. §3822.Notice warning against committing workers’ compensation fraud; contents

Labor Code


Article 5. Workers’ Compensation Misrepresentations
...Fraud, actual or constructive committed by party to contract, see Civil Code §1571 et seq. Physician defined for purposes of
this...
64. §3089.Title of chapter

Labor Code
minors, was...
65. §2853.Service at own request for own advantage; degree of care

Labor Code
66. §2862.Delivery of things received on account of employer

Labor Code



Labor Code
Division 5. Safety in Employment
...of medical information, exemptions from limitations of this Division, see Civil Code §56.30 Emergency medical services,
state administration, persons exposed...
68. §920.“Promise” defined

Labor Code
Chapter 1. Contracts Against Public Policy
...1478, §2. CROSS REFERENCES Nature of contracts, generally, see Civil Code §1549 et seq. LAW REVIEW AND
JOURNAL COMMENTARIES “Good...
69. §2861.Accounts; notice of things received for account of employer

Labor Code
CROSS REFERENCES Agent’s duty to keep principal informed, see Civil Code §2020 Appropriation of employer’s property
to own use as...
70. §1155.3.Termination or modification of existing contract; requirements

Labor Code
Part 3.5. Agricultural Labor Relations
Chapter 4. Unfair Labor Practices and Regulation of Secondary Boycotts
...12a Government Code §6800 et seq. Contracts, Generally, see Civil Code §1549 et seq. Interpretation, see Civil Code
§1635 et seq. Labor dispute defined for purposes of...
71. §1700.39.Fee-splitting


Labor Code
Part 6. Licensing
...Labor Code §§221 225 Splitting fees, Employment agencies, see Civil Code §1812.505 Farm labor contractors, see Labor
Code §1698.8 Nurses registries, see Civil Code §1812.531 Talent agency and artists defined, see Labor...
72. §3854.Action by employer alone; evidence of compensation payments and liability

Labor Code
...employer, see Labor Code §4701 Damages, General principles, see Civil Code §3281 et seq. Interest on damages, see
Code §3359 Employee defined for purposes of this Chapter, see...
73. §2855.Enforcement of contract to render personal service; time limit

Labor Code
...Statutory Notes under Business and Professions Code §690 Derivation Civil Code former §1980, amended by Stats.1901,
c. 157, p...
...12a Government Code §6800 et seq. Contracts, Generally, see Civil Code §1549 et seq. Damages and interest, see Civil
Code §§3300 3287 3291 Interpretation, see Civil Code §1635 et seq. Person defined for purposes of this...
74. §1750.Second lowest bidder or legal entity with contract with second lowest bidder; damage due
to acceptance of successful bidder who violated provisions of workers’ compensation or
Unemployment Insurance Code; rebuttable presumption; costs and fees
Labor Code

Article 1.5. Right of Action

...see Code of Civil Procedure §1021 Contracts, Generally, see Civil Code §1549 et seq. Damages and interest, see Civil
Code §§3300 3287 3291 Interpretation, see Civil Code §1635 et seq. Person defined for purposes of this...
75. §2927.Compensation for services rendered to time of quitting

Labor Code
Stats.1915, c. 433, p...
76. §3209.Damages
Labor Code
...this Division, see Labor Code §3207 Damages defined, see Civil Code §3281 LAW REVIEW AND JOURNAL
COMMENTARIES La Jolla Beach...
77. §7856.Adoption of standards; jurisdiction; priorities

Labor Code
Part 7.5. Refinery and Chemical Plants
Chapter 2. Process Safety Management Standards
...c. 115 (A.B.148), see Historical and Statutory Notes under Civil Code §2782.6 CODE OF REGULATIONS REFERENCES
Process safety management...
78. §5.Construction
Labor Code

General Provisions
...CROSS REFERENCES Common law of England, rule of decision, see Civil Code §22.2 Constitutional construction, see
Cal. Const. Art. 1, §§24 26 Maxims of jurisprudence, interpretation, see Civil Code §§3541 3542 Statutory construction,
Amended statutes, see Government Code...
79. §1700.37.Judicially approved contract not disaffirmable by minor

Labor Code
Part 6. Licensing
...Code, see Labor Code §18.5 Contracts, generally, see Civil Code §1549 et seq. Contracts, interpretation, see Civil Code
§1635 et seq. Contracts not disaffirmable by minors, see...
80. §1700.26.Records of talent agency; required entries

Labor Code
Part 6. Licensing
...defined, see Labor Code §1700.4 Contracts, Generally, see Civil Code §1549 et seq. Interpretation, see Civil Code §1635
et seq. Fee defined for purposes of this...
81. §1698.8.Division of fees with employer prohibited

Labor Code
Part 6. Licensing
...Labor Code §§221 225 Splitting fees, Employment agencies, see Civil Code §1812.505 Nurses registries, see Civil Code
§1812.531 Talent agency, see Labor Code §1700...
82. §1021.5.Contract by licensed contractor with contractor or other who is not valid independent

contractor; civil penalty for licensed contractor

Labor Code
Chapter 3.5. Contractors
...see Evidence Code §500 et seq. Contracts, Generally, see Civil Code §1549 et seq. Interpretation, see Civil Code §1635
et seq. Failure of employer to report all...
83. §1695.55.Payroll records for each farm laborer

Labor Code
Part 6. Licensing
...section, see Labor Code §2699.5 Contracts, generally, see Civil Code §1549 et seq. Contracts, interpretation, see Civil
Code §1635 et seq. Farm labor contractor defined for purposes...
84. §3717.Liquidated claim for damages against employer; actions; joint and several liability with
corporation
Labor Code
Civil Code §3287 et seq. Limitation on amount of damages, see Civil Code §3358 Liquidated damages, see Civil Code
§1671 Reasonableness of damages, see Civil Code §3359 Damages defined for purposes of this Division, see...
85. §1127.Successor clause in collective bargaining agreement; force and effect

Labor Code
Chapter 7.5. Collective Bargaining Agreements

...U.S.C.A. §151 et seq. CROSS REFERENCES Contracts, Generally, see Civil Code §1549 et seq. Interpretation, see Civil
Code §1635 et seq. LAW REVIEW AND JOURNAL COMMENTARIES Agricultural...
86. §1700.40.Registration fees; refunds; referrals; conflicts of interest

Labor Code
Part 6. Licensing
seq. Fee defined for purposes of this...
87. §1728.Acceptance of cash in lieu of withholding

Labor Code
...Chapter, see Labor Code §1722.1 Contracts, Generally, see Civil Code §1549 et seq. Interpretation, see Civil Code §1635
et seq. RESEARCH REFERENCES Encyclopedias 53 Cal. Jur...
88. §1695.8.Performance of activity or service by persons after suspension, revocation or renew

denial of license; time period; contracts and use of persons by farm labor contractors
Labor Code
Part 6. Licensing
...REFERENCES Equity purchaser defined for purposes of this Chapter, see Civil Code §1695.1 Equity seller defined for
purposes of this Chapter, see Civil Code §1695.1 Farm labor contractor defined for purposes of...
89. §3090.Applications for apprenticeship and on-the-job training; contracts with federal agencies


Labor Code
minors, was...
seq. CODE OF REGULATIONS REFERENCES Apprenticeship program...
90. §3219.Compensation, inducements or rewards given to adjuster of claims for the referral or
settlement of a claim; offense; void contracts; fees and compensation
Labor Code
...Action on contract, award of attorney’s fees and costs, see Civil Code §1717 Actual or constructive fraud committed by
party to contract, see Civil Code §1571 et seq. Unlawful contracts, contrary to policy of law or unconscionable, see Civil
Code §1667 et seq. County defined for purposes of this...
91. §4903.6.Lien claims, applications for adjudication, or declarations of readiness to proceed; filing
requirements; employer notification; disclosure of medical information to lien claimant; adoption of
regulations; application of prohibitions
Labor Code
Part 3. Compensation Claims
Chapter 1. Payment and Assignment
...defined in subdivision (i) of Section 56.05 of the Civil Code , about an injured worker without prior written approval of the...
...defined in subdivision (g) of Section 56.05 of the Civil Code ” for “no lien claimant shall be entitled to any medical...
Labor Code
Part 4. Employees

...defined in subdivision (a) of Section 1689.5 of the Civil Code , except that “door-to-door sales” is not subject to...
...seq. 11400 et seq. 11500 et seq. Contracts, Generally, see Civil Code §1549 et seq. Interpretation, see Civil Code §1635
et seq. Department defined for purposes of this...
93. §2801.Employer’s defenses to actions by employees

Labor Code
...et seq. Labor Code §2803 Compensatory relief, generally, see Civil Code §3281 et seq. Conclusive presumptions,
generally, see Evidence Code...
...see Labor Code §3600 et seq. Damages, Generally, see Civil Code §3281 et seq. Measure of, see Civil Code §3300 et
seq. Limitations of actions for wrongful death...
94. §2859.Use of skill possessed

Labor Code
Code Am.1873-74, c...
95. §4416.Notice to employer or insurance carrier of amount required to satisfy lien; time for
payment; costs; interest; priority
Labor Code
Article 3. Collections
96. §3085.Prerequisites to actions on agreement; exhaustion of administrative remedies



Labor Code
minors, was...
97. §1164.9.Judicial review; jurisdiction

Labor Code
Chapter 6.5. Contract Dispute Resolution
...see Code of Civil Procedure §526 Preventive relief, see Civil Code §3420 et seq. LAW REVIEW AND JOURNAL
COMMENTARIES Freedom...
98. §1062.Remedies for violations; calculation of backpay

Labor Code
...see Code of Civil Procedure §526 Preventive relief, see Civil Code §3420 et seq. Violation defined for purposes of this...
99. §2803.Action by personal representative of deceased employee

Labor Code
...Volume The 1976 amendment substituted “surviving spouse” for “widow.” Derivation Civil Code former §1970, amended by
Stats.1903, c. 220, p...
...p. 119, §1. CROSS REFERENCES Compensatory relief, generally, see Civil Code §3281 et seq. Measure of damages, see
Civil Code §3300 et seq. Obligation to abstain from injuring another, see Civil Code §1708 Representatives, actions by, see
Probate Code §9820...

100. §1695.Duties of licensee

Labor Code
Part 6. Licensing
...2699.5 Contract defined for purposes of this Chapter, see Civil Code §1695.1 Contracts, Generally, see Civil Code §1549
et seq. Interpretation, see Civil Code §1635 et seq. County defined for purposes of this...
...19 Equity purchaser defined for purposes of this Chapter, see Civil Code §1695.1 Farm labor contractor defined for
purposes of...
101. §2871.Conditions of employment or continued employment; disclosure of inventions

Labor Code
Article 3.5. Inventions Made by an Employee
Code §1635 et seq. LAW REVIEW AND JOURNAL COMMENTARIES Reform...
102. §1700.23.Approval of talent agency contracts; grounds for disapproval; required statements in
contracts
Labor Code
Part 6. Licensing
...defined, see Labor Code §1700.4 Contracts, Generally, see Civil Code §1549 et seq. Interpretation, see Civil Code §1635
et seq. Labor Commissioner defined for purposes of...
103. §1861.Certification by contractor

Labor Code

Article 5. Securing Workers’ Compensation

et seq. Public works defined for purposes of...
104. §406.Property put up as part of employment contract

Labor Code
Chapter 3. Privileges and Perquisites
Article 2. Bonds and Photographs
...this Article, see Labor Code §400 Contracts, Generally, see Civil Code §1549 et seq. Interpretation, see Civil Code §1635
et seq. Employee stock purchase or stock option...
105. §405.Prohibited use of property put up as bond; commingling with employer’s property;
violation
Labor Code
Article 2. Bonds and Photographs
...this Article, see Labor Code §400 Contracts, Generally, see Civil Code §1549 et seq. Interpretation, see Civil Code §1635
et seq. Theft, see Penal Code §484...
106. §1700.45.Arbitration; contract provisions

Labor Code
Part 6. Licensing
...of Civil Procedure §1281 et seq. Contracts, Generally, see Civil Code §1549 et seq. Interpretation, see Civil Code §1635 et
seq. Labor Commissioner defined for purposes of...

107. §4600.6.Applicants for certification as health care organizations under §4600.5; rules and
procedures
Labor Code
Part 2. Computation of Compensation
Chapter 2. Compensation Schedules
Article 2. Medical and Hospital Treatment
...in subdivision (b) or (e) of Section 51 of the Civil Code of any contracting party, prospective contracting party, or person
reasonably...
...in subdivision (b) or (e) of Section 51 of the Civil Code of any contracting party, potential contracting party, or person
reasonably...
108. §2751.Commission contracts; required provisions; formalities; expiration; definitions

Labor Code
Code §1635 et seq. LAW REVIEW AND JOURNAL COMMENTARIES Background...
109. §1773.6.Determination of change in prevailing wages during quarter; availability to awarding

body
Labor Code
Article 2. Wages
...Public Contract Code §10161 et seq. Contracts, Generally, see Civil Code §1549 et seq. Interpretation, see Civil Code
§1635 et seq. Department of Industrial Relations, see Labor...
110. §2925.Employment for specified term; grounds for termination by employee

Labor Code


Stats.1915, c. 433, p...
111. §2928.Deductions for tardiness of employee

Labor Code
...§2928.) HISTORICAL AND STATUTORY NOTES 2020 Main Volume Derivation Civil Code former §2004, added by
Stats.1921, c. 901, p...
112. §7600.Employment of signalman or hatch-tender; duties

Labor Code
Part 5. Ships and Vessels
...c. 1748, p. 3746, see Historical and Statutory Notes under Civil Code §25 Derivation Penal Code §368a , added by Stats...
113. §238.1.Stop order; hearing; enforcement; misdemeanor; punishment

Labor Code
...meaning as in subdivision (b) of Section 3294 of the Civil Code CREDIT(S) (Added by Stats.2015, c. 803 (S.B.588...
114. §1165.Right to sue; venue; amount; agency; liability

Labor Code

Chapter 7. Suits Involving Employers and Labor Organizations

...Part, see Labor Code §1140.4 Contracts, Generally, see Civil Code §1549 et seq. Interpretation, see Civil Code §1635 et
seq. Labor organization defined for purposes of...
115. §4850.4.Advanced disability pension payments; exceptions; time for payments; continuance of
payments; employee requirements; tolling of time period; repayment of any advanced disability
pension payments
Labor Code
Article 7. City Police and Firemen, Sheriffs, and Others
...Fraud, actual or constructive committed by party to contract, see Civil Code §1571 et seq. Injury defined for purposes of
this...
116. §1773.2.Specification of general wage rate in call for bids, in bid specifications and in contract;
posting at job site
Labor Code
Article 2. Wages
...contract defined, see Labor Code §1722 Contracts, Generally, see Civil Code §1549 et seq. Interpretation, see Civil Code
§1635 et seq. Director defined for purposes of this...
117. §3709.Credit against judgment; liens; attorney fees; satisfaction of judgment

Labor Code

118. §300.Validity and exceptions

Labor Code
...this section and clarifies the relationship between Section 300 and Civil Code Section 4701 (wage assignment for support).
Subdivision(b). Paragraphs (1...
...reference to the Family Code provisions that replaced the former Civil Code provisions. Former Civil Code Sections 4701
and 4801.6 were repealed by 1989 Cal.Stat. ch. 1359, which enacted Civil Code Sections 4390 4390.19 in their place. Civil
Code Sections 4390 4390.19 were replaced by Family Code Section...
119. §7691.Injunction
Labor Code
Part 6. Tanks and Boilers
Chapter 3. Operation of Tanks and Boilers
...this Code, see Labor Code §14 Injunction generally, see Civil Code §3420 et seq. Code of Civil Procedure §525...
120. §1698.7.Unlawful employment of minors

Labor Code
Part 6. Licensing
...applicant to place endangering health, safety, welfare or morals, see Civil Code §§1812.521 1812.523 Employment of minor
in production...
121. §1138.3.Restraining orders or temporary or permanent injunctions

Labor Code


Chapter 10. Unlawful Acts During Labor Disputes
...see Code of Civil Procedure §526 Preventive relief, see Civil Code §3420 et seq. LAW REVIEW AND JOURNAL
COMMENTARIES Public...
122. §3716.3.Judgments against uninsured employers; enforcement by nonjudicial foreclosure

Labor Code
...Title 14 of Part 4 of Division 3 of the Civil Code applicable to the exercise of powers of sale of property...
...REFERENCES Computation of time, first and last days, holidays, see Civil Code §10 Code of Civil Procedure §12 et seq...
123. §3078.Apprenticeship agreement; required provisions

Labor Code
...3078, enacted by Stats.1937, c. 90, derived from former Civil Code §266, relating to apprenticeship of minors, was repealed
by...
...see Business and Professions Code §7334 Contracts, Generally, see Civil Code §1549 et seq. Interpretation, see Civil
Code §1635 et seq. Exemption of apprentice from educational fees...
124. §4408.Claim
Labor Code
Article 2. Benefits

125. §3209.7.Treatment of injuries; agreement

Labor Code
126. §3086.Collective bargaining agreements establishing apprenticeship standards

Labor Code
minors, was...
127. §3083.Effect of decision of administrator

Labor Code
by...
128. §3084.Judicial review of questions of law

Labor Code
by...

129. §1494.Disputes about physician status, retention payment amount, or physician entity’s failure
to make retention payment; complaint and review procedure
Labor Code
...interest specified in subdivision (b) of Section 3289 of the Civil Code , which shall accrue from the date that the retention
payment...
130. §1720.3.Public works; hauling refuse from public works site

Labor Code
seq. Political subdivision defined, see Labor Code...
131. §1154.5.Secondary boycotts

Labor Code
132. §1493.Disputes about employee status, retention payment amount, or covered entity’s or
covered service employer’s failure to make retention payment; complaint and review procedure
Labor Code
payment...

payment...
133. §1726.Cognizance of violations in execution of contracts; reports; withholding procedures;

actions to recover wages; costs and attorney’s fees
Labor Code
134. §1771.6.Deposits of penalties or forfeitures withheld from contract payment

Labor Code
Article 2. Wages
135. §4152.Filing of statement of election; duration; renewal

Labor Code
Chapter 8. Election to Be Subject to Compensation Liability
136. §3710.3.Stop order issued to carrier; transmittal to jurisdictional entity

Labor Code


137. D. 3, Ch. 4, Refs & Annos

CA LABOR D. 3, Ch. 4, Refs & Annos West’s Annotated California Codes
Labor Code
...Title 4 of Part 3 of Division 1 of the Civil Code, consisting of §§264 to 276. The Civil Code title was originally enacted in
1872 and amended by Code...
Labor Code
Part 4.5. Domestic Work Employees
Chapter 1. General Provisions and Definitions
...employment agency that complies with Section 1812.5095 of the Civil Code and that operates solely to procure, offer, refer,
provide, or...
...listed in subdivision (b) of Section 1812.5095 of the Civil Code and Section 687.2 of the Unemployment Insurance Code
(C...
139. §1727.Withholding to satisfy wage and penalty assessments

Labor Code
et seq. Division of Labor Standards Enforcement, see...
...prevailing wages is governed by this section and not by Civil Code §§3103 and 3181 3187 relating to stop notices.
Krueger...

140. §1164.11.Criteria required prior to filing demand

Labor Code
Chapter 6.5. Contract Dispute Resolution
...or before January 1, 2003.” CROSS REFERENCES Contracts, Generally, see Civil Code §1549 et seq. Interpretation, see
Civil Code §1635 et seq. Labor organization defined for purposes of...
141. §3080.Execution of agreement by employers’ association and employees’ organizations;

required provisions
Labor Code
by...
142. §3072.Administrator of apprenticeship; appointment of assistants

Labor Code
Article 1. Administration
...3072, enacted by Stats.1937, c. 90, derived from former Civil Code §267, relating to apprenticeships of minors, was
repealed by...
143. §2857.Conformance to usage of place of performance

Labor Code
RESEARCH REFERENCES ALR Library...

144. §1698.5.Referral of minor to on-sale liquor establishment

Labor Code
Part 6. Licensing
...applicant to place endangering health, safety, welfare or morals, see Civil Code §§1812.521 1812.523 General welfare of
employees, see...
145. §3744.Reimbursement for obligations paid and assumed; right to action; party in interest in
action for damages for failure to pay; venue
Labor Code
Article 2.5. Self-Insurers’ Security Fund
...Code §11435.30 CROSS REFERENCES Damages, General principles, see Civil Code §3281 et seq. Interest on damages,
see Civil Code §3287 et seq. Limitation on amount of damages, see Civil Code §3358 Reasonableness of damages, see
Civil Code §3359 Damages defined for purposes of this Division, see...
146. §2804.Invalidity of agreement waiving article provisions

Labor Code
Stats.1903, c. 220, p...
...contractual exemptions, see Labor Code §5000 Contracts, generally, see Civil Code §1549 et seq. Defenses prohibited to
employer, no contractual...
147. §1720.2.Public works; private contracts; conditions

Labor Code


...962, p. 3054, §1.) CROSS REFERENCES Contracts, Generally, see Civil Code §1549 et seq. Interpretation, see Civil
Code §1635 et seq. Person defined for purposes of this...
148. §1774.Payment of general prevailing rate

Labor Code
Article 2. Wages
...Chapter, see Labor Code §1722.1 Contracts, Generally, see Civil Code §1549 et seq. Public Contract Code §10180 et seq.
Interpretation, see Civil Code §1635 et seq. Industrial development authorities, project agreements, wage...
149. §4154.Acceptance by employees

Labor Code
Chapter 8. Election to Be Subject to Compensation Liability
150. §3084.5.Injunction
Labor Code
...under Government Code §19819.6 CROSS REFERENCES Injunction, see Civil Code §3420 et seq. Code of Civil
Procedure §525...
151. §3209.10.Provision of medical treatment for work-related injury by physician assistant or nurse
practitioner; authority of the same to cosign report and to authorize time off from work for injuries

Labor Code
152. §248.5.Enforcement of article

Labor Code
Article 1.5. Paid Sick Days
...interest specified in subdivision (b) of Section 3289 of the Civil Code (g)The remedies, penalties, and procedures provided
under this article...
153. §2750.Definition
Labor Code
Stats.1901, c. 157, p...
...see Government Code §12900 et seq. Contracts, generally, see Civil Code §1549 et seq. Person defined for purposes of
this...
154. §218.6.Actions for nonpayment of wages; award of interest

Labor Code
...interest specified in subdivision (b) of Section 3289 of the Civil Code , which shall accrue from the date that the wages
were...
...meal break provisions accrue prejudgment interest at 7% pursuant to Civil Code’s default interest rate for litigants entitled to
recover damages, rather...

155. §2926.Compensation for services rendered to time of dismissal

Labor Code
Stats.1915, c. 433, p...
156. §3760.Report of injuries to insurer; order to submit report; failure to comply with order;
contempt
Labor Code
...seq. Computation of time, first and last days, holidays, see Civil Code §10 Code of Civil Procedure §12 et seq...
157. §18.Person defined

Labor Code
General Provisions
...Protection of person, see Cal. Const. Art. 1, §1 Civil Code §50 Government Code §270 LAW REVIEW AND JOURNAL...
158. §2863.Preference to performance of employer’s business

Labor Code
Code Am.1873-74, c...

159. §1024.5.Use of consumer credit reports for employment purposes

Labor Code
Chapter 3.6. Employer Use of Consumer Credit Reports
...defined in subdivision (c) of Section 1785.3 of the Civil Code , but does not include a report that (A) verifies income...
160. §1698.4.Referral of woman or minor to place of ill-repute

Labor Code
Part 6. Licensing
...place endangering health, safety, welfare or morals of minor, see Civil Code §§1812.521 1812.523 Employment of minor in
production...
161. §98.1.Order, decision or award; appellate rights; interest on award

Labor Code
Chapter 4. Division of Labor Standards Enforcement
...as prescribed by subdivision (b) of Section 3289 of the Civil Code The interest shall accrue until the wages are paid from...
...court could award claimant interest pursuant to section of the Civil Code providing generally for award of interest on
damages, after claimant...
162. §3725.Contest of penalty assessment order; hearing; writ of mandate

Labor Code

163. §3079.Approval and execution of agreement; agreement binding during majority of apprentice
Labor Code
by...
164. §5276.Commencement of proceedings; service of documents

Labor Code
Part 3.5. Arbitration
165. §129.Audits; deficiencies; notice of assessment and order to pay; appeals; reports
Labor Code
Chapter 5. Division of Workers’ Compensation
...with Sec. 1798), Pt. 4, Div. 3, Title 1.8, Civil Code), an individual has a right to inspect personal information concerning...
...in the possession of a state agency ( Sec. 1798.34, Civil Code Personal information for those purposes would include such
things as medical records ( subd. (a), Sec. 1798.3, Civil Code However, the State Compensation Insurance Fund, where
many records of...
166. §1198.5.Right of current and former employees to inspect and receive copy of personnel
records; availability; requests; employer duties; verification of identity; redactment; relief; legislative
intent; penalties; injunctions; violations; pending actions; number of requests; exception for
employees covered by certain collective bargaining agreements
Labor Code
Part 4. Employees
...Section 1798 ) of Part 4 of Division 3 of the Civil Code). (i) If a public agency has established an independent employee...
...Section 1798 ) of Part 4 of Division 3 of the Civil Code). “(e)The Labor Commissioner may adopt regulations that determine

the...
167. §139.31.Referrals to which prohibition of §139.3 do not apply

Labor Code
§1635 et seq. Person defined for purposes of this...
168. §3721.Cancellation of lien

Labor Code
...Suretyship, creation of suretyship, liability of sureties and exoneration, see Civil Code §2787 et seq. Workers’
Compensation Appeals Board, members and...
169. §3081.Investigation of violation of agreements; hearings

Labor Code
by...
170. §6323.Injunction against use or operation of dangerous machine, apparatus or equipment

Labor Code
Part 1. Occupational Safety and Health

Chapter 1. Jurisdiction and Duties

...this Code, see Labor Code §14 Injunction, generally, see Civil Code §3420 et seq. Code of Civil Procedure §525...
171. §1773.4.Review of determination of prevailing wages

Labor Code
Article 2. Wages
§1635 et seq. Department of Industrial Relations, see Labor...
172. §2920.Events terminating employment

Labor Code
CROSS REFERENCES California Fair...
...Code §12900 et seq. Termination of agency, generally, see Civil Code §§2355 2356 LAW REVIEW AND JOURNAL
COMMENTARIES Morality clauses...
173. §3710.2.Failure to observe stop order; failure to insure or self-insure; punishment; injunction
Labor Code
...526 Provisional remedies and specific and preventive relief, generally, see Civil Code §3420 et seq. Code of Civil
Procedure §525...

174. §3082.Appeal of administrator’s determination to council

Labor Code
by...
175. §3701.7.Self-insured employer; period of unlawful uninsurance; conditions for self-insurance

Labor Code
176. §3076.Function of committees

Labor Code
by...
177. §1293.Tasks prohibited to minors under 16

Labor Code
Part 4. Employees
...applicant to place endangering health, safety, welfare or morals, see Civil Code §§1812.521 1812.523 Foundries and metal
shops, see...

178. §3720.1.Parents or substantial shareholders; prima facie evidence; hearing; writ of mandate
Labor Code
179. §3820.Legislative declarations; prohibited acts; penalties

Labor Code
Article 5. Workers’ Compensation Misrepresentations
...Fraud, actual or constructive committed by party to contract, see Civil Code §1571 et seq. Injury defined for purposes of
this...
180. §1194.5.Injunction against violation of laws governing wages, hours, or working conditions
Labor Code
Part 4. Employees
...references to women and minors. CROSS REFERENCES Injunction, generally, see Civil Code §3420 et seq. Code of Civil
Procedure §525...
181. §2929.Prohibition against discharge for threat of garnishment for payment of one judgment
Labor Code
Code §1635 et seq. Labor Commissioner defined for purposes of...

182. §3714.Conference, mandatory settlement conference, standby conference, rating calendar;

costs; filing
Labor Code
183. §4652.Waiting period

Labor Code
Article 3. Disability Payments
184. §1308.6.Prerequisites to commissioner’s consent

Labor Code
Part 4. Employees
...applicant to place endangering health, safety, welfare or morals, see Civil Code §§1812.521 1812.523 Labor Commissioner
defined for purposes...
185. §1292.Tasks prohibited to minors under 16

Labor Code
Part 4. Employees
shops, see...

186. §1061.Notification of successor service contract; obligations of successor contractor or

subcontractor
Labor Code
§1635 et seq. Service contract defined for purposes of...
187. §5277.Findings and award; failure to submit decision within specified time
Labor Code
Part 3.5. Arbitration
188. §6324.Temporary restraining order; sufficiency of showing

Labor Code
...383, p. 710, §1. CROSS REFERENCES Injunction, generally, see Civil Code §3420 et seq. Code of Civil Procedure §525...
189. §1781.Actions to recover increased costs incurred; liability; public works; definitions; penalties
Labor Code
Article 2. Wages
...body fulfilled all of its duties, if any, under the Civil Code or any other provision of law pertaining to the body...

190. §1771.2.Action by joint labor-management committee against employer that fails to pay
prevailing wage to its employees; award of restitution, liquidated damages, civil penalties, injunctive
relief, and attorney fees and costs; other remedies
Labor Code
Article 2. Wages
...for unpaid wages, plus interest, under Section 3289 of the Civil Code from the date that the wages became due and
payable...
191. §4600.4.Normal business day

Labor Code
...a business day as defined in Section 9 of the Civil Code CROSS REFERENCES Injury defined for purposes of this Division,
see...
192. §1813.Forfeiture for violations; contract stipulation; report of violations

Labor Code
Article 3. Working Hours
et seq. Disposition of penalties and forfeitures, see...
193. §1308.5.Minors under 16; occupations requiring consent of commissioner in form of permit;
misdemeanor
Labor Code

Part 4. Employees
...5 is amended to correct a cross-reference to former Civil Code Section 36 which was superseded by Family Code Section
6750...
...11 of the Family Code” for “ Section 36 of the Civil Code 2011 Legislation Stats.2011, c. 557 (A.B.1401), in subd...
194. §3761.Claim filed directly with insurer; notice to employer; information from employer
Labor Code
195. §1294.Places of employment prohibited to minors under 16

Labor Code
Part 4. Employees
shops, see...
196. §1703.3.Bond; deposit in lieu of bond

Labor Code
Part 6. Licensing
Chapter 4.5. Fee-Related Talent Services
Article 3. Other Talent Services
...Section 1812.503 1812.510 , or 1812.515 of the Civil Code shall not satisfy the requirements of this section. CREDIT(S...
197. §1695.7.Farm labor contractors; license requirements



Labor Code
Part 6. Licensing
§1635 et seq. County defined for purposes of this...
...14 Equity purchaser defined for purposes of this Chapter, see Civil Code §1695.1 Equity seller defined for purposes of this
Chapter, see Civil Code §1695.1 Farm labor contractor defined for purposes of...
198. §1773.1.Employer payments included in per diem wages

Labor Code
Article 2. Wages
...stop payment notice or assert claim against payment bond, see Civil Code §9100 Public works defined for purposes of this
Chapter...
...Works of improvement, preliminary 20-day notice (private work), see Civil Code §8050 CODE OF REGULATIONS
REFERENCES Apprentices on public works...
199. §3077.Apprentice and apprenticeship agreement defined; term of apprenticeship

Labor Code
by...
200. §3712.Conduct of business without security for payment of compensation; business strictures
and penalties; prosecution of action
Labor Code


...§§3351 3351.5 3352 3352.94 Injunction, generally, see Civil Code §3420 et seq. Code of Civil Procedure §525...
201. §240.Deposit of bond by employer; violation of article or judgment for nonpayment of wages;
demand for accounting of assets; injunction
Labor Code
...see Code of Civil Procedure §526 Preventive relief, see Civil Code §3420 et seq. Labor Commissioner defined for purposes
of...
202. §233.Sick leave; treatment of health conditions of employee or family member, or services
relating to domestic violence, sexual assault, or stalking
Labor Code
...see Code of Civil Procedure §1021 Contracts, Generally, see Civil Code §1549 et seq. Interpretation, see Civil Code §1635
203. §230.1.Employers with 25 or more employees; victims of crime or abuse; employer prohibited
from discharging or discriminating against employee for taking time off for specific purposes;
advance notice; confidentiality; reinstatement and reimbursement; right to file complaint with
Division of Labor Standards Enforcement; compensatory time off or unpaid leave
Labor Code
...of the Penal Code or Section 1708.7 of the Civil Code (6)“ Victim ” includes any of the following: (A)A victim...
...of the Penal Code or Section 1708.7 of the Civil Code For severability provisions, and cost reimbursement provisions,
relating to Stats...

204. §1126.Enforceability; remedies for breach

Labor Code
Chapter 7.5. Collective Bargaining Agreements
...2959, §1.) CROSS REFERENCES Contracts, damages and interest, see Civil Code §§3300 3287 3291 Injunction,
generally, see Code of Civil...
...and damages, see Labor Code §1116 Preventive relief, see Civil Code §3420 et seq. LAW REVIEW AND JOURNAL
COMMENTARIES Collective...
205. §1156.Exclusive representatives; grievances

Labor Code
Chapter 5. Labor Representatives and Elections
206. §1156.Exclusive representatives; grievances

Labor Code
Chapter 5. Labor Representatives and Elections

Labor Code

...of medical information, exemptions from limitations of this Division, see Civil Code §56.30 Continued temporary disability
after termination of benefits...
...on recovery for injuries not covered by this Division, see Civil Code §3045.1 Industrial disability leave, see Education Code
§§...
208. §1116.Injunction; damages

Labor Code
Chapter 7. Jurisdictional Strikes
...p. 2952, §1.) CROSS REFERENCES Damages for wrongs, see Civil Code §3333 et seq. Injunction, generally, see Code of
Civil...
...this Code, see Labor Code §18 Preventive relief, see Civil Code §3420 et seq. Violation defined for purposes of this...
209. §3710.1.Stop order for failure to secure payment of compensation; payment for time lost;
protest; hearing; writ of mandate
Labor Code
210. §3708.Presumption of employer’s negligence; defenses abolished; applicability of section to

household employees
Labor Code
...unlawful contracts, contrary to policy of law or unconscionable, see Civil Code §1667 et seq. Defenses, employer’s
defenses to actions by...
...see Labor Code §§3208 3208.05 Negligence, generally, see Civil Code §1714 Presumptions, generally, see Evidence Code
§600 et...

211. §3740.Legislative intent

Labor Code
Article 2.5. Self-Insurers’ Security Fund
...Suretyship, creation of suretyship, liability of sureties and exoneration, see Civil Code §2787 et seq. CODE OF
REGULATIONS REFERENCES Adjustments in...
212. §2865.Liability for negligence; liability of employer for value of services rendered
Labor Code
Stats.1901, c. 157, p...
213. §203.1.Payment of wages or fringe benefits with bad check; penalty

Labor Code
...recovers the service charge authorized by Section 1719 of the Civil Code in an action brought by the employee thereunder.
CREDIT(S...
214. §244.Exhaustion of administrative remedies; reporting or threatening to report suspected

citizenship or immigration status as adverse action
Labor Code

...the provisions of this code, the Government Code, or the Civil Code constitutes an adverse action for purposes of
establishing a violation...
215. §3701.8.Self-Insurers’ Security Fund; alternative security systems for private self-insuring
employers; requirements set by director; composite deposits; deposit assessments and factors
considered; right to appeal assessment; segregated cash portion of composite deposit
Labor Code
216. §1777.1.Violations with intent to defraud; willful violations

Labor Code
Article 2. Wages
et seq. Failure to use skilled workforce, civil...
217. §3720.Lien certificate: contents; recordation; duration of lien; aggrieved parties; amended
certificate
Labor Code

218. §227.Failure to remit withholdings from wages; failure to make agreed payments to health or
welfare fund, pension fund, vacation plan, or other fund or plan; criminal penalties; disposition of
recovered withholdings
Labor Code
...to other 2008 legislation, see Historical and Statutory Notes under Civil Code §56.103 Stats.2011, c. 15 (A.B.109), in...
219. §1776.Payroll records; retention; inspection; redacted information; agencies entitled to receive
nonredacted copies of certified records; noncompliance penalties; rules
Labor Code
Article 2. Wages
...Section 1798 ) of Part 4 of Division 3 of the Civil Code) governing the release of these records, including the establishment
of...
§1635 et seq. County defined for purposes of this...
220. §5003.Execution and contents

Labor Code
Chapter 2. Compromise and Release
221. §1771.5.Election of awarding body to initiate labor compliance program in lieu of certain per
diem wage requirements; labor compliance program requirements; revocation
Labor Code


Article 2. Wages
222. §3711.Furnishing written statement of name of employer’s insurer or manner in which employer
has complied with §3700; failure to comply with request
Labor Code
Labor Code
Part 6. Licensing
...notice related to slavery and human trafficking, civil penalties, see Civil Code §52.6 Final assessment for worker
contributions, farm labor...
224. §3208.3.Psychiatric injuries; compensability; employment conditions; notice of termination or

layoff; prevention programs; inmates; state hospital patients
Labor Code

225. §3705.Subrogation rights of self-insurers’ security fund or surety; preference

Labor Code
REGULATIONS REFERENCES Administration of...
226. §1741.Determination of violations; civil wage and penalty assessments; service interest on due
and unpaid wages; list of violators
Labor Code
...rate described in subdivision (b) of Section 3289 of the Civil Code The interest shall accrue from the date that the wages...
227. §3701.5.Private self-insured employer; failure to pay workers’ compensation; utilization of

security deposit; payment through Self-Insurers’ Security Fund; disputes; appeals
Labor Code
228. §3702.6.Audit program for self-insurers

Labor Code


229. §2810.8.COVID-19 pandemic; reemployment of laid-off employees; enforcement; rules and

regulations; collective bargaining; severability
Labor Code
...interest specified in subdivision (b) of Section 3289 of the Civil Code (7)The remedies, penalties, and procedures provided
under this section...
230. §7314.Fees for the inspection of conveyances; penalties for failure to pay fees; regulations
Labor Code
Part 3. Safety on Buildings
Chapter 2. Elevators, Escalators, Platform and Stairway Chair Lifts, Dumbwaiters, Moving Walks, Automated People
Movers, and Other Conveyances
...c. 25 (S.B.84), see Historical and Statutory Notes under Civil Code §3273 2016 Legislation Stats.2016, c. 31 (S.B.836...
231. §558.1.Violations of provisions regulating minimum wages, hours, or days of work; nonpayment
of wages; persons liable
Labor Code
Part 2. Working Hours
Chapter 1. General
...meaning as in subdivision (b) of Section 3294 of the Civil Code (c)Nothing in this section shall be construed to limit...
232. §3860.Notice before release or settlement; employer’s claim for reimbursement; costs and fees
Labor Code


§3359 Employee defined for purposes of this Chapter, see...
233. §4558.Removal or noninstallation of power press guards; definitions; actions for injury or
death; proof required; contribution
Labor Code
Article 1. General Provisions
...p. 3369, §12.) CROSS REFERENCES Damages, General principles, see Civil Code §3281 et seq. Interest on damages,
234. §3074.Duties of state and local boards for vocational education; payment of excess costs;
instruction of isolated apprentices; application of equal opportunity
Labor Code
by...
235. §3073.Chief of Division of Apprenticeship Standards; duties; issuance of rules and regulations
Labor Code
by...

236. §1296.Determination of additional employments dangerous to minors; prohibition; judicial

review
Labor Code
Part 4. Employees
...applicant to place endangering health, safety, welfare or morals, see Civil Code §§1812.521 1812.523 Employment in
production, distribution or...
237. §3715.Failure of employer to secure payment of compensation; employee application for

compensation; filing; hearing; award; prima facie case; finding notice; appeal; resolution by director
Labor Code
...Suretyship, creation of suretyship, liability of sureties and exoneration, see Civil Code §2787 et seq. Workers’
Compensation Appeals Board, members and...
238. §6401.9.Employer establishment, implementation, and maintenance of effective workplace

violence prevention plan; application of section; recording information in violent incident log;
employee training; maintenance of records; enforcement; adoption of standards
Labor Code
Chapter 3. Responsibilities and Duties of Employers and Employees
...defined in subdivision (j) of Section 56.05 of the Civil Code (5)All records required by this subdivision shall be made...
239. §4904.Notice of lien; approval by appeals board; determination of amount; effect of

determination; payment; approval of compromise and release agreement
Labor Code


...Division, see Labor Code §3211 Notice to agent, see Civil Code §2332 Person defined for purposes of this Code, see...
240. §4609.Sale, lease, or transfer of list of contracted health care providers and their reimbursement
rates; disclosures and other requirements
Labor Code
241. §1290.Employment of minors under 16

Labor Code
Part 4. Employees
...affecting the health, safety, welfare or morals of minor, see Civil Code §§1812.521 1812.523 Employment of minors,
Agriculture, see...
242. §3702.8.Employers who have ceased to be self-insured; discharge of continuing obligations;

proceedings on failure to comply; special excess workers’ compensation insurance policies
Labor Code
243. §4062.3.Information available to evaluators; communications; disputed medical issues and

findings; new medical issues

Labor Code
Chapter 7. Medical Examinations
Article 2. Determination of Medical Issues
244. §98.6.Discharge or discrimination, retaliation, or adverse action against employee or applicant

for conduct delineated in this chapter or because employee or applicant has filed complaint or claim,
instituted or caused to be instituted any proceeding under or relating to their rights or testified
relating to the same on behalf of that person or another; reinstatement and reimbursement;
penalties; employment entitlement for applicant; applicability; family members
Labor Code
...of Civil Procedure §1281 et seq. Contracts, Generally, see Civil Code §1549 et seq. Damages and interest, see Civil Code
§§3300 3287 3291 Interpretation, see Civil Code §1635 et seq. Labor Commissioner defined for purposes of...
245. §1777.7.Violations of §1777.5; civil penalty; procedures

Labor Code
Article 2. Wages
et seq. County defined for purposes of this...
246. §3706.Effect of failure to secure payment of compensation; action for damages

Labor Code


247. §2750.5.Contractors; presumption of employee status; proof of independent contractor status

Labor Code
...Public Contract Code §§19102 20104.70 Contracts, Generally, see Civil Code §1549 et seq. Damages and interest, see
Civil Code §§3300 3287 3291 Interpretation, see Civil Code §1635 et seq. Person defined for purposes of this...
248. §6309.Investigations; response to complaints; protection of complainants

Labor Code
...c. 25 (S.B.84), see Historical and Statutory Notes under Civil Code §3273 2003 Main Volume Former Notes Former
§6309...
249. §3071.Issuance of rules and regulations for working condition standards

Labor Code
by...
250. §3701.Private self-insuring employer; annual renewal or deposit of new security for payment of
compensation; solvency risk and security deposit; deposit amount; form of security; withdrawal;
perfected security interest


Labor Code
251. §4622.Payment of expenses; time; penalty and interest; provider contest of amount paid;
employer denial of amount billed; notice of employer contest
Labor Code
Article 2.5. Medical-Legal Expenses
252. §1775.Penalties for violations

Labor Code
Article 2. Wages
et seq. Director defined for purposes of this...
253. §4601.Request for change of physician; chiropractor or acupuncturist

Labor Code

254. §4662.Disabilities presumed to be total

Labor Code
...to other 2014 legislation, see Historical and Statutory Notes under Civil Code §52.5 Section affected by two or more acts...
255. §1.Title of code

Labor Code
General Provisions
...Cal. Const. Art. 14, §1 Maxims of jurisprudence, see Civil Code §3509 et seq. Uniform operation of laws of a...
256. §4621.Reimbursements; commencement of medical-legal evaluations; additional benefits

Labor Code
Article 2.5. Medical-Legal Expenses
257. §1700.44.Dispute; hearing; determination; bond; certification of no controversy; failure to obtain

license; limitation of actions
Labor Code
Part 6. Licensing

§1635 et seq. Fee defined for purposes of this...
258. §1308.Occupations prohibited to minors; persons causing employment; penalties; exceptions

Labor Code
Part 4. Employees
...applicant to place endangering health, safety, welfare or morals, see Civil Code §§1812.521 1812.523 Employment in
production, distribution or...
259. §3070.Apprenticeship council; composition; appointment; terms; compensation; traveling

expenses
Labor Code
...c. 90, relating to apprenticeship of minors, derived from former Civil Code §264, was repealed by Stats.1939, c. 220, §...
260. §923.Declaration of public policy

Labor Code
Chapter 1. Contracts Against Public Policy
...agreements, enforceability, see Labor Code §1126 Contracts, Generally, see Civil Code §1549 et seq. Interpretation, see
Civil Code §1635 et seq. Jurisdictional strikes as against public policy...
261. §1138.1.Issuance of temporary or permanent injunctions; state court’s authority; findings of

fact; hearing
Labor Code


Chapter 10. Unlawful Acts During Labor Disputes
...see Code of Civil Procedure §526 Preventive relief, see Civil Code §3420 et seq. Oath defined for purposes of this...
262. §1771.Payment of general prevailing rate

Labor Code
Article 2. Wages
seq. Failure of employer to report all...
263. §2802.Indemnification for employee’s expenses and losses in discharging duties; interest;
citation
Labor Code
...Historical and Statutory Notes under Labor Code §558 Derivation Civil Code former §1969, enacted in 1872. CROSS
REFERENCES Attorney’s fees...
...Code of Civil Procedure §1021 Compensatory relief, generally, see Civil Code §3281 et seq. Division of Workers’
Compensation, jurisdiction, see...
264. §1117.“Labor organization” and “person” defined

Labor Code
Chapter 7. Jurisdictional Strikes
...Counseling, and Job Listing Services Act to labor organizations, see Civil Code §1812.502 Labor organization defined, see
Government Code §...

265. §3722.Penalty assessment order against uninsured employer

Labor Code
266. §3716.Uninsured employers benefits trust fund; payment of awards; liability; application and
notice of lawsuit; identification of uninsured employers
Labor Code
267. §96.Assignment of claims

Labor Code
...Code, see Labor Code §21 Mechanics’ liens, generally, see Civil Code §3059 Person defined for purposes of this Code,
see...
268. §96.Assignment of claims

Labor Code
...Code, see Labor Code §21 Mechanics’ liens, generally, see Civil Code §3059 Person defined for purposes of this Code,
see...

269. §230.Jury duty; legal actions by victims of crime or abuse; employer prohibited from
discharging or discriminating against employee for taking time off for court appearance or due to
employee’s status as a victim; advance notice for time off; reasonable accommodation;
reinstatement and reimbursement; right to file complaint with Division of Labor Standards
Enforcement; compensatory time off
Labor Code
...of the Penal Code or Section 1708.7 of the Civil Code (6)“ Victim ” includes any of the following: (A)A victim...
...of the Penal Code or Section 1708.7 of the Civil Code Sections 3 and 4 of Stats.2020, c. 224 (A.B...
270. §432.7.Disclosure of arrest or detention not resulting in conviction, or information concerning

referral or participation in diversion programs, or conviction judicially dismissed or sealed;
disclosure of information related to arrest, detention, processing, diversion, supervision,
adjudication, or court disposition while subject to juvenile court law; violations; remedies;
exception; health facility applicants; prospective concessionaires
Labor Code
Article 3. Contracts and Applications for Employment
...legislative intent of Stats.1992, c. 1026 (S.B.1769), see Civil Code §1798.24a Section 8 of Stats.2004, c. 184...
...of 1977, conditions of disclosure, screening of prospective concessionaires, see Civil Code §1798.24a Misdemeanors,
definition and penalties, see Penal Code...
271. §4600.3.Contracts with health care organizations; notice to employees; employee’s choice of
health care provider; collective bargaining agreements
Labor Code

272. §2860.Ownership of things acquired by virtue of employment

Labor Code
CROSS REFERENCES Inventions by...
273. §3602.Exclusive remedy against employer; action for damages; conditions of employer’s
liability; security for payment of compensation; offset of restitution amount prohibited
Labor Code
...compensation, see Labor Code §3600 Damages, General principles, see Civil Code §3281 et seq. Interest on damages,
...employer’s negligence, see Labor Code §2800 Indemnity, generally, see Civil Code §2772 et seq. Injury defined for
purposes of this...
274. §3856.Actions against third party; payment of excess recovery to employee; employer’s lien
against judgment; costs and fees
Labor Code
...liability, see Labor Code §3861 Damages, General principles, see Civil Code §3281 et seq. Interest on damages, see Civil
275. §3852.Action against third person; rights of employee and employer

Labor Code


276. §5800.Interest on awards

Labor Code
Chapter 6. Findings and Awards
...Findings, see Labor Code §5313 Interest on damages, see Civil Code §3287 et seq. Legal interest rates, see Cal. Const...
277. §1777.5.Employment of registered apprentices; wages; standards; number; apprenticeable craft

or trade; exemptions; contributions; compliance program
Labor Code
Article 2. Wages
et seq. Director defined for purposes of this...
278. §227.3.Vested vacation wages; payment upon termination

Labor Code
...section, see Labor Code §2699.5 Contracts, Generally, see Civil Code §1549 et seq. Interpretation, see Civil Code §1635
et seq. Definitions, contact information for port drayage...
279. §3601.Exclusive remedy against fellow employee; additional remedy in event of death


Labor Code
280. §4903.1.Reimbursement for benefits paid or services provided; filing of liens; payment or
reimbursement prohibited for certain expenses; specified rights or obligations not modified
Labor Code
281. §1720.“Public works” and “paid for in whole or in part out of public funds” defined; exemptions
from chapter; ordinances requiring payment of prevailing wages
Labor Code
et seq. Fuel reduction work done under contract...
282. §1155.2.Collective bargaining in good faith; extension of certification in absence of good faith
Labor Code

283. §4603.2.Notice of selection of physician; physician’s report; payment for medical treatment;
contested, denied or otherwise considered incomplete itemization; employer responsibility; interest
or increase in compensation; itemization review; provider request for second review
Labor Code
284. §2924.Employment for a specified term; grounds for termination by employer

Labor Code
...under this section as provided for in Section 96”. Derivation Civil Code former §2000, amended by Stats.1915, c. 433, p...
285. §4906.Reasonableness of claim for legal and medical services; attorney fee agreements;
disclosures and statements
Labor Code
286. §3351.Employee; inclusions

Labor Code

Chapter 2. Employers, Employees, and Dependents

Article 2. Employees
...Division, see Labor Code §3207 Contracts, Implied contracts, see Civil Code §1621 Manner of creating contracts, express
or implied, see Civil Code §1619 et seq. Course of trade defined see Labor...
287. §3075.Apprenticeship programs; administration; necessary conditions; appeal of decisions

Labor Code
by...
288. §218.5.Actions for nonpayment of wages, fringe benefits, or health and welfare or pension fund
contributions; award of attorney’s fees to prevailing party; exception; application of section
Labor Code
...Title 2 of Part 6 of Division 4 of the Civil Code. (b) This section does not apply to any cause of...
289. §4600.5.Certification as health care organization; chiropractic care; acupuncture care

Labor Code
290. §132a.Discrimination against workers injured in course of employment or testifying before

appeals board; penalties

CA LABOR §132a West’s Annotated California Codes

Labor Code
...4th 1109, 17 P.3d 749 Interest 39(2.40) Civil Code provision of prejudgment interest on “ damages ” awards applied to
backpay...
...of prejudgment interest in such backpay award was mandated by Civil Code. Currie v. Workers’ Comp. Appeals Bd. (2001)
104 Cal.Rptr.2d...
291. §202.Immediate payment of wages upon resignation; treatment of related benefits

Labor Code
§1635 et seq. Execution of release, see Labor Code...
292. §5903.Time for filing; grounds

Labor Code
Chapter 7. Reconsideration and Judicial Review
Article 1. Reconsideration
...586, p. 874, §65. CROSS REFERENCES Fraud defined, see Civil Code §§1572 1573 Person defined for purposes of this
Code...
293. §4062.Notice of objections to medical determination by treating physician and employee

objection to treatment recommendations; time limits and extensions; medical evaluation
Labor Code

294. §3600.Liability for compensation; conditions of compensation; credits against judgment or

settlement; employee injured or killed by third party in course of employment
Labor Code
...c. 719 (A.B.887), see Historical and Statutory Notes under Civil Code §51 2011 Main Volume Derivation Stats.1917, c.
586...
295. §3352.Employee; exclusions

Labor Code
Chapter 2. Employers, Employees, and Dependents
Article 2. Employees
296. §4650.Commencement; late payments; reimbursement of insurers for increases

Labor Code
297. §4453.Average annual earnings; average weekly earnings; computation; minimum and
maximum

Labor Code
Chapter 1. Average Earnings
298. §4061.Notice of permanent disability indemnity; medical evaluation; supplemental report

Labor Code
299. §98.2.Review; posting of undertaking; costs and attorney’s fees; final order; judgment; service
upon judgment debtor of form to identify nature and location of assets; lien on real property as
alternative to judgment lien; stay of execution; satisfaction of judgment
Labor Code
...facilities construction fund, see Government Code §70622 Suretyship, see Civil Code §2787 et seq. Unlawful actions
regarding willful misclassification of...
300. §5952.Scope of review

Labor Code
Chapter 7. Reconsideration and Judicial Review
Article 2. Judicial Review
...586, p. 875, §67. CROSS REFERENCES Fraud defined, see Civil Code §§1572 1573 Powers of appeals board, see Labor
Code...

301. §4903.Allowable liens

Labor Code
302. §1160.8.Petition to modify or set aside board order; jurisdiction; procedure

Labor Code
Chapter 6. Prevention of Unfair Labor Practices and Judicial Review and Enforcement
...see Code of Civil Procedure §526 Preventive relief, see Civil Code §3420 et seq. Person, Defined for purposes of this...
303. §226.7.“Recovery period” defined; mandated meal, rest, or recovery periods; requirement to
work prohibited; application of section
Labor Code
304. §226.7.“Recovery period” defined; mandated meal, rest, or recovery periods; requirement to
work prohibited; application of section
Labor Code

305. §226.Itemized statements; contents; inspection and copying of records; compliance with
inspection requests; violations; injunctive relief; limitation of application and liability; exception to
showing total hours worked
Labor Code
...Defendant Insufficient. California Business Law Deskbook §17:30 California Civil Code Section 1798.85 : Prohibition
Against Certain Use of Social Security...
306. §2922.Termination at will upon notice; employment for a specified term

Labor Code
...session of the legislature, see Government Code §9605 Derivation Civil Code former §1999, amended by Stats.1915, c.
433, p...

Labor Commission Pre-Hearing Brief Osuji V Atlas

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Labor Commission Pre-Hearing Brief Osuji V Atlas

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Rick Siegel

22971 Darien Street

DIVISION OF LABOR STANDARDS ENFORCEMENT

TO THE HEARING OFFICER AND PETITIONER,

Respectfully Submitted on March 8, 2024,

Rick Siegel, non-attorney representative for Respondent

Submitted on March 18, 2024 by

I am employed in the County of Los Angeles, State of California. I am over

THE SERVICE WAS MADE

Executed on March 18, 2024, at Los Angeles, California.

1. D. 4.5, Refs & Annos

2. D. 4.7, Refs & Annos

3. §§3000 to 3005.Repealed by Stats.1969, c. 1537, p. 3132, §1

4. §§3000 to 3005.Repealed by Stats.1969, c. 1537, p. 3132, §1

© 2024 Thomson Reuters. No claim to original U.S. Government Works. 1

5. §§3000 to 3005.Repealed by Stats.1969, c. 1537, p. 3132, §1

6. §§3000 to 3005.Repealed by Stats.1969, c. 1537, p. 3132, §1

7. §§3000 to 3005.Repealed by Stats.1969, c. 1537, p. 3132, §1

8. §§3000 to 3005.Repealed by Stats.1969, c. 1537, p. 3132, §1

© 2024 Thomson Reuters. No claim to original U.S. Government Works. 2

9. §2680.5.Pricing and quality disputes between manufacturers and contractors; authority to

11. §2850.Gratuitous service; performance; degree of care

12. §2854.Compensated service; degree of care

© 2024 Thomson Reuters. No claim to original U.S. Government Works. 3

Article 3. Obligations of Employee

14. D. 1, Refs & Annos

© 2024 Thomson Reuters. No claim to original U.S. Government Works. 4

Chapter 2. Employer and Employee

17. §3708.5.Service of complaint; consolidation of actions

18. §3600.8.Alternative commute programs; sponsorship or mandate by governmental entity; actions

19. §1404.Civil actions against employer

© 2024 Thomson Reuters. No claim to original U.S. Government Works. 5

20. §1695.6.Contract with unlicensed farm labor contractor; prohibition

22. §2864.Liability for actions of substitute

23. §2852.Written power of attorney; performance; notice of termination

© 2024 Thomson Reuters. No claim to original U.S. Government Works. 6

West’s Annotated California Codes

24. §3862.Enforcement of employer’s lien against judgment

25. §2858.Degree of skill

26. §§301 to 304.Repealed by Stats.1941, c. 529, p. 1851, §§1 to 4

© 2024 Thomson Reuters. No claim to original U.S. Government Works. 7

27. §§301 to 304.Repealed by Stats.1941, c. 529, p. 1851, §§1 to 4

28. §§301 to 304.Repealed by Stats.1941, c. 529, p. 1851, §§1 to 4

29. §§301 to 304.Repealed by Stats.1941, c. 529, p. 1851, §§1 to 4

30. §2800.Losses caused by employer’s negligence; indemnification

© 2024 Thomson Reuters. No claim to original U.S. Government Works. 8

32. §1063.Application of chapter

33. §2851.Service at own request; performance; relinquishment

34. §2866.Joint services; performance by survivor

© 2024 Thomson Reuters. No claim to original U.S. Government Works. 9

West’s Annotated California Codes

37. §3855.Action by employee; evidence of compensation payments and liability or of loss of

© 2024 Thomson Reuters. No claim to original U.S. Government Works. 10

38. §2750.6.Physician and surgeon as independent contractor; rebuttable presumption

40. §2856.Compliance with employer’s directions

© 2024 Thomson Reuters. No claim to original U.S. Government Works. 11

Division 4. Workers’ Compensation and Insurance

43. §8.Writing requirement; use of certified mail

44. §2686.Notice of dispute; appointment and composition of panel

© 2024 Thomson Reuters. No claim to original U.S. Government Works. 12

45. D. 2, Pt. 4, Ch. 1, Refs & Annos

46. §2510.Action in superior court; violations; awards; enforcement; remedies

47. §1110.Agreements between two or more persons; legality