Payment of Wages for General Occupations in California

In California’s Labor Code, Division 2, Part 1, Chapter 1, Article 1, there are numerous rules for the payment of wages for general occupations in this state. Article 1 was added in 1937 by Chapter 90.

Section 200 of the Labor Code defines the terms “wages” and “labor.” Section 200.3 imposes liability on a successor to a judgment debtor. It provides that a successor to a judgment debtor is liable for any wages, damages, and penalties owed to any of the judgment debtor’s former workforce pursuant to a final judgment, after the time to appeal has expired and for which no appeal is pending. Successorship is established upon meeting any of the established criteria set forth in this code section.

Section 200.5 provides that, in order to collect a civil penalty, fee, or penalty fee, the Division of Labor Standards Enforcement must commence an action within three years from the date the penalty or fee became final. Upon commencement of an action, the clerk of the superior court must enter judgment immediately in conformity with the determination.

Section 201 states that, if an employer discharges an employee, the wages earned and unpaid at the time of discharge are due and payable immediately. An employer who lays off a group of employees by reason of the termination of seasonal employment in the curing, canning, or drying of any variety of perishable fruit, fish, or vegetables, is to be deemed to have made immediate payment when the wages of those employees are paid within a reasonable time as necessary for computation and payment thereof; provided, however, that the reasonable time cannot exceed 72 hours.

Section 201.3 defines the following terms: “temporary services employer,” “employment unit,” “client,” and “customer.” If an employee of a temporary services employer is assigned to work for a client on a day-to-day basis, that employee’s wages are due and payable at the end of each day, regardless of when the assignment ends, if each of the specified actions occur. The payment of wages may be mailed to the employee or made available at a location specified by the employer in that county.

Section 201.5 defines the following terms: “an employee engaged in the production or broadcasting of motion pictures,” “daily or weekly call,” “next regular payday,” and “production or broadcasting of motion pictures.” An employee engaged in the production or broadcasting of motion pictures whose employment terminates is entitled to receive payment of the wages earned and unpaid at the time of the termination by the next regular payday. The payment of wages may be mailed to the employee or made available at a location specified by the employer in that county.

Section 201.6 defines the terms “print shoot employee,” “next regular payday,” and “time of termination.” A print shoot employee is entitled to receive payment of the wages earned and unpaid at the time of termination by the next regular payday. The payment of wages may be mailed to the employee or made available at a location specified by the employer in that county.

Section 201.7 specifies that an employer who lays off an employee or a group of employees engaged in the business of oil drilling is to be deemed to have made immediate payment if the wages of such employees are paid within such reasonable time as may be necessary for computation or payment thereof; provided, however, that such reasonable time cannot exceed 24 hours after discharge excluding Saturdays, Sundays, and holidays; and provided further, the payment may be mailed and the date of mailing is the date of payment.

Section 201.8 defines the following terms: “events employee,” “events,” “professional baseball venue,” “next regular payday.” An events employee is entitled to receive payment of the wages earned and unpaid by the next regular payday, unless an events employee is discharged by the employer or the events employee quits the employment. The payment of wages may be mailed to the employee or made available at a location specified by the employer in that county.

Section 201.9 provides that, if employees are employed at a venue that hosts live theatrical or concert events and are enrolled in and routinely dispatched to employment through a hiring hall or other system of regular short-term employment established in accordance with a bona fide collective bargaining agreement, these employees and their employers may establish by express terms in their collective bargaining agreement the time limits for payment of wages to an employee who is discharged or laid off.

Section 202 states that, if an employee not having a written contract for a definite period quits his or her employment, his or her wages are to become due and payable not later than 72 hours thereafter, unless the employee has given 72 hours previous notice of his or her intention to quit, in which case the employee is entitled to his or her wages at the time of quitting. 

Section 203 specifies that, if an employer willfully fails to pay, without abatement or reduction any wages of an employee who is discharged or who quits, the wages of the employee will continue as a penalty from the due date thereof at the same rate until paid or until an action therefor is commenced; but the wages do not continue for more than 30 days. 

Section 203.1 provides that, if an employer pays an employee in the regular course of employment any wages or fringe benefits, or both, by check, draft or voucher, which check, draft or voucher is subsequently refused payment because the employer or maker has no account with the bank, institution, or person on which the instrument is drawn, or has insufficient funds in the account upon which the instrument is drawn at the time of its presentation, so long as the same is presented within 30 days of receipt by the employee of the check, draft or voucher, those wages or fringe benefits, or both, must continue as a penalty from the due date thereof at the same rate until paid or until an action therefor is commenced. 

Section 203.5 states that, if a bonding company issuing a bond which secures the payment of wages for labor or the surety on a bond willfully fails to pay, without abatement or reduction, any verified claim made for wages found to be due and payable, the claim for wages will continue as a penalty against the bonding company or surety from the date on which demand for payment was made at the same rate until paid as the wages upon which the claim is based, except that the claim does not continue as a penalty for more than 30 days.

Section 204 provides that all wages earned by any person in any employment are due and payable twice during each calendar month, on days designated in advance by the employer as the regular paydays. Labor performed between the 1st and 15th days, inclusive, of any calendar month must be paid for between the 16th and the 26th day of the month during which the labor was performed, and labor performed between the 16th and the last day, inclusive, of any calendar month, must be paid for between the 1st and 10th day of the following month. 

Section 204a states that, when workers are engaged in an employment that normally involves working for several employers in the same industry interchangeably, and the several employers, or some of them, cooperate to establish a plan for the payment of wages at a central place or places and in accordance with a unified schedule of pay days, all the provisions of this chapter apply with specified exceptions.

Section 204b provides that Section 204 is not applicable to employees paid on a weekly basis on a regular day designated by the employer in advance of the rendition of services as the regular payday. Labor performed by a weekly-paid employee during any calendar week and prior to or on the regular payday must be paid for not later than the regular payday of the employer for such weekly-paid employee falling during the following calendar week.

Section 204c provides that section 204 is not applicable to executive, administrative or professional employees who are not covered by any collective bargaining agreement, who are not subject to the Fair Labor Standards Act, whose monthly remuneration does not include overtime pay, and who are paid within seven days of the close of their monthly payroll period.

Section 204.1 states that commission wages paid to any person employed by an employer licensed as a vehicle dealer by the Department of Motor Vehicles are due and payable once during each calendar month on a day designated in advance by the employer as the regular payday. Commission wages are compensation paid to any person for services rendered in the sale of such employer’s property or services and based proportionately upon the amount or value.

Section 204.11 specifies that commission wages paid to any employee who is licensed pursuant to the Barbering and Cosmetology Act are due and payable at least twice during each calendar month on a day designated in advance by the employer as the regular payday.

Section 204.2 states that salaries of executive, administrative, and professional employees of employers covered by the Fair Labor Standards Act earned for labor performed in excess of 40 hours in a calendar week are due and payable on or before the 26th day of the calendar month immediately following the month in which such labor was performed. 

Section 204.5 states that an employee may receive, in lieu of overtime compensation, compensating time off at a rate of not less than one and one-half hours for each hour of employment for which overtime compensation is required by law. If an hour of employment would otherwise be compensable at a rate of more than one and one-half times the employee’s regular rate of compensation, then the employee may receive compensating time off commensurate with the higher rate. An employer may provide compensating time off if the specified four conditions are met.

An employee may not accrue more than 240 hours of compensating time off. Any employee who has accrued 240 hours of compensating time off must, for any additional overtime hours of work, be paid overtime compensation. Every employer is required to keep records that accurately reflect compensating time earned and used.

Section 205 provides that, in agricultural, viticultural, and horticultural pursuits, in stock or poultry raising, and in household domestic service, when the employees in such employments are boarded and lodged by the employer, the wages due any employee remaining in employment become due and payable once in each calendar month on a day designated in advance by the employer as the regular payday. 

Section 205.5 provides that all wages earned by any agricultural employee are due and payable twice during each calendar month, on days designated in advance by the agricultural employer as the regular paydays. Labor performed between the 1st and the 15th days, inclusive, of any calendar month is to be paid between the 16th and the 22nd day of the month during which the labor was performed. Labor performed between the 16th and the last day, inclusive, of any calendar month is to be paid between the first and the seventh day of the following month.

Section 206 states that, in case of a dispute over wages, the employer must pay, without condition and within the time set by this article, all wages, or parts thereof, conceded by him to be due, leaving to the employee all remedies he might otherwise be entitled to as to any balance claimed.

Section 206.5 prohibits an employer from requiring the execution of a release of a claim or right on account of wages due, or to become due, or made as an advance on wages to be earned, unless payment of those wages has been made. A release required or executed in violation of the provisions of this section is null and void as between the employer and the employee. Violation of this section by the employer is a misdemeanor.

Section 207 requires every employer to keep posted conspicuously at the place of work, if practicable, or otherwise where it can be seen as employees come or go to their places of work, or at the office or nearest agency for payment kept by the employer, a notice specifying the regular pay days and the time and place of payment, in accordance with this article.

Section 208 requires every employee who is discharged to be paid at the place of discharge, and every employee who quits must be paid at the office or agency of the employer in the county where the employee has been performing labor. All payments are to be made in the manner provided by law.

Section 209 provides that, in the event of any strike, the unpaid wages earned by striking employees become due and payable on the next regular pay day, and the payment or settlement must include all amounts due the striking employees without abatement or reduction. The employer must return to each striking employee any deposit, money, or other guaranty required by him from the employee for the faithful performance of the duties of the employment.

Section 210 states that, in addition to any other penalty provided in this article, every person who fails to pay the wages of each employee is subject to a penalty, which is either recovered by the employee as a statutory penalty or by the Labor Commissioner as a civil penalty through the issuance of a citation.

Section 211 provides that, when action to recover penalties is brought, no court costs are payable by the state or the division. Any sheriff or marshal who serves the summons in the action upon any defendant within his or her jurisdiction must do so without cost to the division. The sheriff or marshal must specify in the return what costs he or she would ordinarily have been entitled to for such service, and those costs and the other regular court costs 

Section 213 provides that nothing (a) Prohibits an employer from guaranteeing the payment of bills incurred by an employee for the necessaries of life or for the tools and implements used by the employee in the performance of his or her duties. (b) Applies to counties, municipal corporations, quasi-municipal corporations, or school districts. (c) Applies to students of nonprofit schools, colleges, universities, and other nonprofit educational institutions. (d) Prohibits an employer from depositing wages due or to become due or an advance on wages to be earned in an account in any bank, savings and loan association, or credit union of the employee’s choice with a place of business located in this state, provided that the employee has voluntarily authorized that deposit.

Section 214 provides that prosecution may be brought either at the place where the alleged illegal order, check, draft, note, memorandum or other acknowledgment of wage indebtedness is issued or at the place where it is made payable.

Section 215 specifies that any person, or the agent, manager, superintendent or officer thereof, who violates specific provisions of this article is guilty of a misdemeanor. Any failure to keep posted any notice is prima facie evidence of a violation of these sections.

Section 216 states that, in addition to any other penalty imposed by this article, any person, or an agent, manager, superintendent, or officer thereof is guilty of a misdemeanor, who:

(a) Having the ability to pay, willfully refuses to pay wages due and payable after demand has been made. (b) Falsely denies the amount or validity thereof, or that the same is due, with intent to secure for himself, his employer or other person, any discount upon such indebtedness, or with intent to annoy, harass, oppress, hinder, delay, or defraud, the person to whom such indebtedness is due.

Section 217 requires the Division of Labor Law Enforcement to inquire diligently for any violations of this article, and, in cases which it deems proper, must institute the actions for the penalties provided for in this article and enforce this article.

Section 218 provides that nothing in this article limits the right of any wage claimant to sue directly or through an assignee for any wages or penalty due them under this article.

Section 218.5 provides that, in any action brought for the nonpayment of wages, fringe benefits, or health and welfare or pension fund contributions, the court is required to award reasonable attorney’s fees and costs to the prevailing party if any party to the action requests attorney’s fees and costs upon the initiation of the action.

Section 218.6 requires a court, in any action brought for the nonpayment of wages, to award interest on all due and unpaid wages at the rate of interest pursuant to the Civil Code, which will accrue from the date that the wages were due and payable.

Section 218.8 that, for contracts entered into on or after January 1, 2022, a direct contractor making or taking a contract in the state for the erection, construction, alteration, or repair of a building, structure, or other private work, must assume, and is liable for, any debt owed to a wage claimant or third party on the wage claimant’s behalf, incurred by a subcontractor at any tier acting under, by, or for the direct contractor for the wage claimant’s performance of labor included in the subject of the contract between the direct contractor and the owner.

The Division of Labor Standards Enforcement is required to notify the contractor and subcontractor on a private works project within 15 days of the receipt by the Division of Labor Standards Enforcement of a complaint of the failure of a subcontractor on that private works project to pay the specified wage, fringe, or other benefit due to workers. The Labor Commissioner may enforce against a direct contractor the liability for unpaid wages, liquidated damages, interest, and penalties. In addition, property of the direct contractor may be attached, after trial, for the payment of any judgment received pursuant to this section. An action brought pursuant to this section must be filed within one year of the earliest of specified conditions.

Section 219 provides that nothing in this article in any way limits or prohibits the payment of wages at more frequent intervals, or in greater amounts, or in full when or before due, but no provision of this article can in any way be contravened or set aside by a private agreement, whether written, oral, or implied.

Section 220 states that specified Labor Code sections do not apply to the payment of wages of employees directly employed by the State of California. Section 220.2 provides that contributions to vacation allowances, pension or retirement funds, sick leave, and health and welfare benefits on behalf of persons employed by any county, political subdivision, incorporated city or town or other municipal corporations may be made in the same manner and on the same basis as made by private employers.

Section 221 makes it unlawful for any employer to collect or receive from an employee any part of wages theretofore paid by the employer to the employee. Section 222 makes it unlawful, in case of any wage agreement arrived at through collective bargaining, either willfully or unlawfully or with intent to defraud an employee, a competitor, or any other person, to withhold from an employee any part of the wage agreed upon.

Section 222.5 prohibits any person from withholding or deducting from the compensation of any employee, or require any prospective employee or applicant for employment to pay, any fee for, or cost of, any pre-employment medical or physical examination taken as a condition of employment, nor may any person withhold or deduct from the compensation of any employee, or require any employee to pay any fee for, or costs of, medical or physical examinations required by any law or regulation of federal, state or local governments or agencies.

Section 223 provides that, where any statute or contract requires an employer to maintain the designated wage scale, it will be unlawful to secretly pay a lower wage while purporting to pay the wage designated by statute or by contract.

Section 224 provides that specified Labor Code sections do not in any way make it unlawful for an employer to withhold or divert any portion of an employee’s wages when the employer is required or empowered so to do by state or federal law or when a deduction is expressly authorized in writing by the employee to cover insurance premiums, hospital or medical dues, or other deductions not amounting to a rebate or deduction from the standard wage arrived at by collective bargaining or pursuant to wage agreement or statute, or when a deduction to cover health and welfare or pension plan contributions is expressly authorized by a collective bargaining or wage agreement.

Section 225 provides that violations of specified Labor Code sections are a misdemeanor. Section 225.5 provides additional penalties for any person who unlawfully withholds wages due any employee in violation of specified Labor Code sections. Those civil penalties include $100 for any initial violation for each failure to pay each employee, and $200 for each subsequent violation, or any willful or intentional violation, plus 25 percent of the amount unlawfully withheld.

The penalty is recovered by the Labor Commissioner as part of a hearing held to recover unpaid wages and penalties or in an independent civil action. The action is brought in the name of the people of the State of California and the Labor Commissioner and attorneys may proceed and act for and on behalf of the people in bringing the action. 

Section 226 requires an employer, semimonthly or at the time of each payment of wages, to furnish to their employee, either as a detachable part of the check, draft, or voucher paying the employee’s wages, or separately if wages are paid by personal check or cash, an accurate itemized statement in writing showing (1) gross wages earned, (2) total hours worked by the employee, (3) the number of piece-rate units earned and any applicable piece rate if the employee is paid on a piece-rate basis, (4) all deductions, provided that all deductions made on written orders of the employee may be aggregated and shown as one item, (5) net wages earned, (6) the inclusive dates of the period for which the employee is paid, (7) the name of the employee and only the last four digits of their social security number or an employee identification number other than a social security number, (8) the name and address of the legal entity that is the employer and (9) all applicable hourly rates in effect during the pay period and the corresponding number of hours worked at each hourly rate by the employee.

An employee is deemed to suffer injury for purposes of this subdivision if the employer fails to provide a wage statement. An employee may also bring an action for injunctive relief to ensure compliance with this section, and is entitled to an award of costs and reasonable attorney’s fees.

Section 226.1 specifies that the requirements of item (9) of Section 226, with respect to a temporary services employer, do not apply to a security services company that is licensed by the Department of Consumer Affairs and that solely provides security services.

Section 226.2 applies to employees who are compensated on a piece-rate basis for any work performed during a pay period. This section is not to be construed to limit or alter minimum wage or overtime compensation requirements, or the obligation to compensate employees for all hours worked under any other statute or local ordinance. Employees must be compensated for rest and recovery periods at a regular hourly rate that is no less than the higher of: Employees must be compensated for other nonproductive time at an hourly rate that is no less than the applicable minimum wage.

Section 226.3 provides that any employer who violates Section 226 is subject to a civil penalty in the amount of $250 per employee per violation in an initial citation and $1,000 per employee for each violation in a subsequent citation, for which the employer fails to provide the employee a wage deduction statement or fails to keep the records required.

Section 226.4 provides that, if upon inspection or investigation, the Labor Commissioner determines that an employer is in violation of Section 226, the Labor Commissioner may issue a citation to the person in violation. The citation may be served personally, in the same manner as provided for service of a summons.

Section 226.5 states that, if a person desires to contest a citation or the proposed assessment of a civil penalty, he or she must within 15 business days after service of the citation notify the office of the Labor Commissioner which appears on the citation of his or her request for an informal hearing. The Labor Commissioner or his or her deputy or agent must, within 30 days, hold a hearing at the conclusion of which the citation or proposed assessment of a civil penalty shall be affirmed, modified, or dismissed.

Section 226.6 provides that any employer who knowingly and intentionally violates the provisions of Section 226, or any officer, agent, employee, fiduciary, or other person who has the control, receipt, custody, or disposal of, or pays, the wages due any employee, and who knowingly and intentionally participates or aids in the violation of any provision of Section 226 is guilty of a misdemeanor and, upon conviction thereof, will be fined not more than $1,000 or be imprisoned not to exceed one year, or both, at the discretion of the court.

Section 226.7 defines a “recovery period” to mean a cooldown period afforded an employee to prevent heat illness. An employer is prohibited from requiring an employee to work during a meal or rest or recovery period mandated pursuant to an applicable statute, or applicable regulation, standard, or order of the Industrial Welfare Commission, the Occupational Safety and Health Standards Board, or the Division of Occupational Safety and Health.

Section 226.75 states that the requirement that employees be relieved of all duties during rest periods does not apply with respect to an employee holding a safety-sensitive position at a petroleum facility to the extent that the employee is required to carry and monitor a communication device, such as a radio, pager, or other form of instant communication, and to respond to emergencies, or is required to remain on employer premises to monitor the premises and respond to emergencies.

Section 226.8 provides that it is unlawful for any person or employer to engage in willful misclassification of an individual as an independent contractor, or charge an individual who has been willfully misclassified as an independent contractor a fee, or making any deductions from compensation, for any purpose, including for goods, materials, space rental, services, government licenses, repairs, equipment maintenance, or fines arising from the individual’s employment where any of the acts described in this paragraph would have violated the law if the individual had not been misclassified.

If the Labor and Workforce Development Agency or a court issues a determination that a person or employer has engaged in any of the enumerated violations and the person or employer has engaged in or is engaging in a pattern or practice of these violations, the person or employer will be subject to a civil penalty of not less than $10,000 and not more than $25,000 for each violation.

Section 227 specifies that, if an employer has made withholdings from an employee’s wages pursuant to state, local, or federal law, or has agreed with any employee to make payments to a health or welfare fund, pension fund, or vacation plan, or other similar plan for the benefit of the employees, or a negotiated industrial promotion fund, or has entered into a collective bargaining agreement providing for these payments, it is unlawful for that employer willfully or with intent to defraud to fail to remit the withholdings to the proper agency or to fail to make the payments required by the terms of that agreement. 

Section 227.3 provides that, unless otherwise provided by a collective-bargaining agreement, whenever a contract of employment or employer policy provides for paid vacations, and an employee is terminated without having taken off his vested vacation time, all vested vacation must be paid to him as wages at his final rate in accordance with the contract of employment or employer policy respecting eligibility or time served; provided, however, that an employment contract or employer policy cannot provide for forfeiture of vested vacation time upon termination.

Section 227.5 states that, whenever an employer has agreed with any employee to make payments to a health or welfare fund, pension fund or vacation plan, or such other plan for the benefit of the employee, or has entered into a collective bargaining agreement providing for these payments, the employer upon written request of the employee is required to furnish the employee annually a statement indicating whether or not the payments have been made and for what periods.

Section 228 requires the payments under Section 227 to be deemed to include payments to apprenticeship funds. Section 229 provides that actions to enforce the provisions of this article for the collection of due and unpaid wages claimed by an individual may be maintained without regard to the existence of any private agreement to arbitrate. This section does not apply to claims involving any dispute concerning the interpretation or application of any collective bargaining agreement containing such an arbitration agreement.

Section 230 prohibits an employer from discharging or in any manner discriminating against an employee for taking time off to serve as required by law on an inquest jury or trial jury, if the employee, prior to taking the time off, gives reasonable notice to the employer that the employee is required to serve. An employer is prohibited from discharging or in any manner discriminating or retaliating against an employee, including, but not limited to, an employee who is a victim of a crime, for taking time off to appear in court to comply with a subpoena or other court order as a witness in any judicial proceeding.

In addition, an employer is prohibited from discharging or in any manner discriminating or retaliating against an employee because of the employee’s status as a victim of crime or abuse, if the employee provides notice to the employer of the status or the employer has actual knowledge of the status. An employer is required to provide reasonable accommodations for a victim of domestic violence, sexual assault, or stalking, who requests an accommodation for the safety of the victim while at work.

Section 230.1 states that, in addition to the requirements and prohibitions imposed on employees, an employer with 25 or more employees cannot discharge, or in any manner discriminate or retaliate against, an employee who is a victim, for taking time off from work for any of the specified purposes. As a condition of taking time off for a specified purpose, the employee must give the employer reasonable advance notice of the employee’s intention to take time off, unless the advance notice is not feasible.

This section defines the terms “crime,” “domestic violence, “immediate family member,” “sexual assault,” “stalking,” “victim services organization or agency,” Employers are required to inform each employee of their rights in writing. The information must be provided to new employees upon hire and to other employees upon request. The Labor Commissioner is required to develop a form that an employer may use to comply with the notice requirements.

Section 230.2 defines the following terms: “immediate family member,” “registered domestic partner,” and “victim.” An employer, and any agent of an employer, must allow an employee who is a victim of a crime, an immediate family member of a victim, a registered domestic partner of a victim, or the child of a registered domestic partner of a victim to be absent from work in order to attend judicial proceedings related to that crime.

Before an employee may be absent from work, the employee is required to give the employer a copy of the notice of each scheduled proceeding that is provided to the victim by the agency responsible for providing notice, unless advance notice is not feasible. When advance notice is not feasible or an unscheduled absence occurs, the employer cannot take any action against the employee if the employee, within a reasonable time after the absence, provides the employer with documentation evidencing the judicial proceeding from any of the following specified entities.

Section 230.3 prohibits an employer from discharging or in any manner discriminating against an employee for taking time off to perform emergency duty as a volunteer firefighter, a reserve peace officer, or emergency rescue personnel. An employee who is discharged, threatened with discharge, demoted, suspended, or in any other manner discriminated against in the terms and conditions of employment by his or her employer because the employee has taken time off to perform emergency duty as a volunteer firefighter, a reserve peace officer, or emergency rescue personnel will be entitled to reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer.

Section 230.4 provides that an employee who performs duty as a volunteer firefighter, a reserve peace officer, or as emergency rescue personnel, and who works for an employer employing 50 or more employees, must be permitted to take temporary leaves of absence, not to exceed an aggregate of 14 days per calendar year, for the purpose of engaging in fire, law enforcement, or emergency rescue training.

Section 230.5 prohibits an employer from discharging or in any manner discriminating or retaliating against an employee who is a victim of an offense for taking time off from work, upon the victim’s request, to appear in court to be heard at any proceeding, including any delinquency proceeding, involving a post-arrest release decision, plea, sentencing, postconviction release decision, or any proceeding in which a right of the victim is at issue.

An employee who is discharged, threatened with discharge, demoted, suspended, or in any other manner discriminated or retaliated against in the terms and conditions of employment by his or her employer because the employee has taken time off for this leave will be entitled to reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer. Any employer who willfully refuses to rehire, promote, or otherwise restore an employee or former employee who has been determined to be eligible for rehiring or promotion by a grievance procedure or hearing authorized by law is guilty of a misdemeanor.

Section 230.7 prohibits an employer from discharging or in any manner discriminating against an employee who is the parent or guardian of a pupil for taking time off to appear in the school of a pupil, if the employee, prior to taking the time off, gives reasonable notice to the employer that he or she is requested to appear in the school.

Section 230.8 states that an employer who employs 25 or more employees working at the same location cannot discharge or in any way discriminate against an employee who is a parent of one or more children of the age to attend kindergarten or grades 1 to 12, inclusive, or a licensed child care provider, for taking off up to 40 hours each year, for the purpose of specified child-related activities.

In addition, the employee is required to utilize existing vacation, personal leave, or compensatory time off for purposes of the planned absence authorized by this section, unless otherwise provided by a collective bargaining agreement. An employee also may utilize time off without pay for this purpose, to the extent made available by his or her employer. The entitlement of any employee under this section cannot be diminished by any collective bargaining agreement term or condition.

Section 231 states that any employer who requires, as a condition of employment, that an employee have a driver’s license is required to pay the cost of any physical examination of the employee which may be required for issuance of the license, except where the physical examination was taken prior to the time the employee applied for employment with the employer.

Section 232.5 prohibits an employer from doing any of the following: (a) Require, as a condition of employment, that an employee refrain from disclosing information about the employer’s working conditions. (b) Require an employee to sign a waiver or other document that purports to deny the employee the right to disclose information about the employer’s working conditions. (c) Discharge, formally discipline, or otherwise discriminate against an employee who discloses information about the employer’s working conditions. (d) This section is not intended to permit an employee to disclose proprietary information, trade secret information, or information that is otherwise subject to a legal privilege without the consent of his or her employer.

Section 233 provides that any employer who provides sick leave for employees is required to permit an employee to use in any calendar year the employee’s accrued and available sick leave entitlement, in an amount not less than the sick leave that would be accrued during six months at the employee’s then current rate of entitlement, for reasons specified. The designation of sick leave taken for is made at the sole discretion of the employee.

Section 234 provides that an employer absence control policy that counts sick leave taken as an absence that may lead to or result in discipline, discharge, demotion, or suspension is a per se violation. An employee working under this policy is entitled to appropriate legal and equitable relief.

Section 238 provides that, if a final judgment against an employer arising from the employer’s nonpayment of wages for work performed in this state remains unsatisfied after a period of 30 days after the time to appeal has expired and no appeal is pending, the employer cannot continue to conduct business in this state, including conducting business using the labor of another business, contractor, or subcontractor instead of the labor of an employee, unless the employer has obtained a bond from a surety company admitted to do business in this state and has filed a copy of that bond with the Labor Commissioner. The bond is effective and maintained until satisfaction of all judgments for nonpayment of wages. 

Section 238.1 states that, where an employer is conducting business in violation of Section 238, the Labor Commissioner may issue and serve on that employer a stop order prohibiting the use of employee labor by that employer until the employer’s compliance with Section 238, provided that the stop order would not compromise or imperil public safety or the life, health, and care of vulnerable individuals. The stop order will also prohibit the employer from continuing to provide services by conducting business using the labor of another business, contractor, or subcontractor. The stop order becomes effective immediately upon the service 

Section 238.2 authorizes the Labor Commissioner to create a lien on any real property in California of an employer, or a successor employer, that is conducting business in violation of Section 238 for the full amount of any wages, interest, and penalties claimed to be owed to any employee. To the extent attorney’s fees are specifically allowed to be recovered by this code, the Labor Commissioner may include that amount in the lien.

Section 238.3 authorizes the Labor Commissioner to create a lien on any personal property in California of an employer that conducts business in violation of Section 238 for the full amount of any wages, interest, and penalties claimed to be owed to any employee. To the extent attorney’s fees are specifically allowed to be recovered by this code, the Labor Commissioner may include that amount in the lien.

Section 238.4 provides that, if an employer in the long-term care industry that is also required to obtain a license from the State Department of Public Health or the State Department of Social Services is found to be in violation of Section 238, the State Department of Public Health or the State Department of Social Services may deny a new license or the renewal of an existing license for that employer.

Section 238.5 states that any individual, business entity, or public entity, regardless of its form, that, as part of its business, contracts for services in the property services or long-term care industries are jointly and severally liable for any unpaid wages, including interest, where the individual, business entity, or public entity has been provided notice, by any party, of any proceeding or investigation by the Labor Commissioner in which the employer is found liable for those unpaid wages, to the extent the amounts are for services performed under that contract.

Section 240 states that, if any employer has been convicted of a violation of any provision of this article, or if any judgment against an employer for nonpayment of wages remains unsatisfied for a period of 10 days after the time to appeal has expired, and no appeal is then pending, the Labor Commissioner may require the employer to deposit a bond in a sum the Labor Commissioner may deem sufficient and adequate in the circumstances, to be approved by the Labor Commissioner. 

Section 243 specifies that, if within 10 years of either a conviction for a violation of this article or failing to satisfy a judgment for nonpayment of wages, or of both, it is alleged that an employer on a second occasion has been convicted of again violating this article or is failing to satisfy a judgment for nonpayment of wages, an employee or the employee’s legal representative, an attorney licensed to practice law in this state, may, on behalf of himself or herself and others, bring an action in a court of competent jurisdiction for a temporary restraining order prohibiting the employer from doing business in this state unless the employer deposits with the court a bond to secure compliance by the employer with this article or to satisfy the judgment for nonpayment of wages.

Section 244 provides that an individual is not required to exhaust administrative remedies or procedures in order to bring a civil action under any provision of this code, unless that section under which the action is brought expressly requires exhaustion of an administrative remedy. 

Reporting or threatening to report an employee’s, former employee’s, or prospective employee’s suspected citizenship or immigration status, or the suspected citizenship or immigration status of a family member of the employee, former employee, or prospective employee, to a federal, state, or local agency because the employee, former employee, or prospective employee exercises a right under the provisions of this code, the Government Code, or the Civil Code constitutes an adverse action for purposes of establishing a violation of an employee’s, former employee’s, or prospective employee’s rights.