Seasonal Labor Laws in California

Labor Code Division 2, Part 1, Chapter 1, Article 2 concerns “seasonal labor.” Section 250 defines the term “seasonal labor” to mean all labor performed by any person hired in California to perform services outside of the state for a period greater than one month, where the wages are to be paid in the state at the termination of such employment.

Section 251 provides that Article 2 does not apply to wages earned by seamen or other persons, where payment is regulated by Federal statute. Section 252 requires the wages earned in seasonal labor to be paid in the presence of the Labor Commissioner.

Section 253 requires the Labor Commissioner to hear and decide all wage disputes arising in connection with seasonal labor and must allow or reject any deductions made from those wages. Section 254 requires, after a final hearing by the Labor Commissioner, for the Labor Commissioner to file the findings of fact and the award.

Section 255 provides that the amount of the award of the Labor Commissioner is to be conclusively presumed to be the amount of the wages due and unpaid to the employee at the time of the termination of the employment. It is subject to review by the courts. Section 256 requires the Labor Commissioner to impose a civil penalty in an amount not exceeding 30 days pay as waiting time.