Improperly Soliciting Employees in California

California Labor Code Division 2, Part 3, Chapter 2 prohibits the solicitation of employees by misrepresentation. Chapter 2 was added in 1937 by Chapter 90. Labor Code Section 970 prohibits any person, or agent or officer, directly or indirectly, from influencing, persuading, or engaging any person to change from one place to another in this State or from any place outside to any place within the State, or from any place within the State to any place outside, for the purpose of working in any branch of labor, through or by means of knowingly false representations.

Section 971 states that any person, or agent or officer, who violates Section 970 is guilty of a misdemeanor punishable by a fine of not less than $50 nor more than $1,000 or imprisonment for not more than six months or both.

Section 972 provides that, in addition to criminal penalty, any person, or agent or officer who violates any provision of Section 970 is liable to the party aggrieved, in a civil action, for double damages resulting from the misrepresentations.

Section 973 states that, if any person advertises for, or seeks employees by means of newspapers, posters, letters, or otherwise, or solicits or communicates by letter or otherwise with persons to work for him or the person for whom he is acting, or to work at any shop, plant, or establishment while a strike, lockout, or other trade dispute is still in active progress at such shop, plant, or establishment, that person must plainly and explicitly mention in any advertisement or oral or written solicitations or communications that a strike, lockout, or other labor disturbance exists.

Section 974 provides that any person, or agent or officer, who violates Section 973 is guilty of a misdemeanor. Section 976 prohibits any person from publishing or causing to be published any advertisement, solicitation or communication in any newspaper, poster or letter, offering employment as a salesman, broker or agent, whether as an employee or independent contractor, which advertisement, solicitation or communication is willfully designed to mislead any person as to compensation or commissions which may be earned; or falsely represents the compensation or commissions which may be earned.

Section 977 states that any person, or agent or officer, who violates Section 976 is guilty of a misdemeanor.