Frequently Asked Questions about California Constitution Article XIV
Is a system of workers’ compensation authorized?
By Chris Micheli, May 13, 2024 2:30 am
How many sections does Article 14 have? This article contains five sections.
What does Article 14 relate to? It relates to labor relations.
Is the minimum wage provided by the Legislature? Section 1 states that the Legislature may provide for minimum wages and for the general welfare of employees and for those purposes may confer on a commission legislative, executive, and judicial powers.
Is a maximum number of hours worked specified? Section 2 provides that worktime of mechanics or workers on public works may not exceed eight hours a day except in wartime or extraordinary emergencies that endanger life or property and that the Legislature provides for enforcement of this section.
Is a property lien authorized? Section 3 specifies that mechanics, persons furnishing materials, artisans, and laborers of every class, have a lien upon the property upon which they have bestowed labor or furnished material for the value of the labor done and materials furnished, and that the Legislature provides by law for the speedy and efficient enforcement of these liens.
Is a system of workers’ compensation authorized? Section 4 establishes that the Legislature is expressly vested with plenary power, unlimited by any provision of this Constitution, to create and enforce a complete system of workers’ compensation, by appropriate legislation, and to create and enforce a liability on the part of any or all persons to compensate any or all of their workers for injury or disability, and their dependents for death incurred or sustained by those workers in the course of their employment, irrespective of the fault of any party.
What must be included in the workers’ compensation system? Section 4 states that a complete system of workers’ compensation includes adequate provisions for the comfort, health and safety and general welfare of any and all workers and those dependent upon them for support to the extent of relieving from the consequences of any injury or death incurred or sustained by workers in the course of their employment, irrespective of the fault of any party.
How are workers’ compensation claims handled? Section 4 vests the Legislature with plenary powers to provide for the settlement of any disputes arising under such legislation by arbitration, or by an industrial accident commission, by the courts, or by either, any, or all of these agencies, either separately or in combination, and may fix and control the method and manner of trial of any such dispute, the rules of evidence and the manner of review of decisions rendered by the tribunal or tribunals designated by it; provided, that all decisions of any such tribunal are subject to review by the appellate courts of this State.
Are inmate labor contracts authorized? Section 5 states that the Director of Corrections or any county Sheriff or other local government official charged with jail operations may enter into contracts with public entities, nonprofit or for-profit organizations, entities, or businesses for the purpose of conducting programs which use inmate labor.
Is there a limitation on inmate labor contracts? Section 5 specified that no contract can be executed with an employer that will initiate employment by inmates in the same job classification as non-inmate employees of the same employer who are on strike or who are subject to lockout.
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