©2024 Seyfarth Shaw LLP www.seyfarth.com 2024 Cal-Peculiarities | 297 LC § Description Penalty 1061 Employment of Displaced Janitors. Successor service contractors must hire janitor-employees who worked for former service contractor for at least four months, and retain them 60 days absent substantiated cause not to do so (based on performance or conduct). Contractors must state this requirement in all initial bid packages, and must make written job offers in primary language or other language in which the offeree is literate. The same wages and benefits are not required. The offer shall state time it will remain open (not < ten days). If fewer employees are needed, then seniority within job classification shall be basis for layoffs. Contractors must also identify employees not retained and reason therefore, to place them on preferential hiring list. Contractors must give each retained employee a written performance evaluation at end of 60 days. If the evaluation is satisfactory, then the contractors must offer continued employment, which may be at will. LC 2699 1703 Talent services contracts. Contracts between an artist and a talent service must contain certain provisions (e.g., description of services to be performed, duration of the contract) to protect the artist. Unclear 1703.4 Prohibited acts by talent services agencies. Agencies must not make unsupported advertisements or representations about auditions or other employment opportunities for artists, must not charge an artist for an audition or employment opportunity, must not charge artists other than certain specified fees, and must not own, operate, or have a financial interest in a talent listing service. A talent listing service shall not have a financial interest in a talent service agency, shall not list an opportunity without permission, shall maintain a copy of all listings, and shall not make advertisements or representations suggesting affiliation with a talent service agency. Unclear 7.26 Criminal Penalties As occasionally indicated above, Labor Code provisions often, if not typically, provide for misdemeanor penalties (fines and imprisonment) for any willful violation.664 Criminal penalties can apply even for neglecting to comply with certain provisions of the Labor Code or with any order or ruling of the Industrial Welfare Commission.665 1 See, e.g., Aguilar v. Ass’n for Retarded Citizens, 234 Cal. App. 3d 21, 34-35 (1991). 2 Morillion v. Royal Packing Co., 22 Cal. 4th 575, 592 (2000); see generally Ramirez v. Yosemite Water Co., 20 Cal. 4th 785, 795 (1999) (“IWC’s wage orders, although at times patterned after federal regulations, also sometimes provide greater protection than is provided under federal law in the Fair Labor Standards Act”); see, e.g., Ghazaryan v. Diva Limousine, Ltd., 169 Cal. App. 4th 1524, 1535 n.10 (2008) (noting DLSE’s refusal to defer to federal authority analyzing whether on-call time is “hours worked” because, under California law, “the existence of an agreement regarding the understanding of the parties (as to the compensation policy) is of no importance. The ultimate consideration in applying the California law is determining the extent of the control exercised.’’) (cleaned up). 3 DLSE Opinion Letter 1994.02.03-3 at 2 (contrasting federal and California definitions of “hours worked” and noting that California has not enacted the Portal-to-Portal Act). 4 Meyer v. Sprint Spectrum, L.P., 45 Cal. 4th 634, 645 (2009). 5 Indus. Welfare Com. v. Superior Ct., 27 Cal. 3d 690, 702 (1980) (“Judicial authorities have repeatedly emphasized that in fulfilling its broad statutory mandate, the IWC engages in a quasi-legislative endeavor, a task which necessarily and properly requires the commission's exercise of a considerable degree of policy-making judgment and discretion”). 6 Brinker Rest. Corp. v. Superior Ct. (Adam Hohnbaum), 53 Cal. 4th 1004, 1027 (2012).
RkJQdWJsaXNoZXIy OTkwMTQ4