(Amended by Stats. 1995, Ch. 903, Sec. 3. Effective January 1, 1996.)
751.5. Where emergency repairs to, or maintenance or replacement of, machinery or equipment are necessary for the continuous operation thereof, the hours that an employee may be engaged in performing the emergency repairs, maintenance, or replacement, may, during the pendency of the emergency, exceed the period specified in Section 750.
(Amended by Stats. 1995, Ch. 903, Sec. 4. Effective January 1, 1996.)
751.8. (a) Notwithstanding Section 750, the period of employment may exceed eight hours in any 24-hour period if the employee is paid at the overtime rate of pay for hours worked in excess of that employee’s regularly scheduled shift and for hours worked in excess of 40 hours in a seven-day period. Unless regularly scheduled shifts are established pursuant to Section 750.5, overtime rates of pay shall be paid for all hours worked in excess of those hours prescribed by Section 750 as the maximum allowable hours of employment.
(b) All work performed in any workday in excess of the scheduled hours established by an agreement pursuant to subdivision (b) of Section 750.5 up to and including 12 hours, or in excess of 40 hours in a workweek, shall be compensated at one and one-half times the employee’s regular rate of compensation. All work performed in any workday in excess of 12 hours shall be compensated at double the employee’s regular rate of compensation. No hours that are compensated at either one and one-half times, or double, the regular rate of compensation shall be included in determining the number of hours an employee has worked in a workweek for purposes of computing premium compensation.
(Added by Stats. 1995, Ch. 903, Sec. 5. Effective January 1, 1996.)
752. (a) Any affected employee, or his or her representative, may file a complaint with the Labor Commissioner concerning the conduct of an election pursuant to subdivision (b) of Section 750.5 within 14 days following notice of the outcome of the election. The Labor Commissioner shall investigate the complaint and shall invalidate the election if the commissioner finds that misconduct has occurred that could have affected the outcome of the election. If the election is invalidated, the commissioner shall prohibit the employer from conducting a similar election for a period of 12 months.
(b) Any employer, or representative of an employer, that violates Section 750 or 751.8 shall be subject to a civil penalty as follows:
(1) For any initial violation that is intentionally committed, one hundred dollars ($100) for each affected employee for each violation for each pay period.
(2) For each subsequent violation for the same offense, two hundred dollars ($200) for each violation for each affected employee for each pay period, regardless of whether the initial violation is intentionally committed.
(c) If the Labor Commissioner determines that an employer has failed to comply with paragraph (6) of subdivision (b) of Section 750.5, the Labor Commissioner shall order the employer to comply. The order, in appropriate cases, shall include provisions for reinstatement and backpay.
(d) An employer shall not retaliate in any way against an employee for exercising any right pursuant to this chapter.
(Amended by Stats. 2003, Ch. 329, Sec. 5. Effective January 1, 2004.)
752.5. The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
(Added by Stats. 1995, Ch. 903, Sec. 8. Effective January 1, 1996.)
CHAPTER 4. Lumber Industries [800–801]
(Chapter 4 enacted by Stats. 1937, Ch. 90.)
800. Every person operating a sawmill, shakemill, shinglemill, logging camp, planing mill, veneer mill, plywood plant or any other type of plant or mill which processes or manufactures any lumber, lumber products or allied wood products, in this State shall allow his employees a period of not less than one-half hour for the midday meal, between the third and fifth hours of each day’s shift after the start thereof.
(Amended by Stats. 1959, Ch. 717.)
801. Any person, or agent or officer thereof who violates any provision of this chapter is guilty of a misdemeanor, punishable by a fine of not less than one hundred dollars ($100) nor more than four hundred dollars ($400).
(Amended by Stats. 1983, Ch. 1092, Sec. 195. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
CHAPTER 5. Pharmacies [850–856]
(Chapter 5 enacted by Stats, 1937, Ch. 90.)
850. No person employed to sell at retail drugs and medicines or to compound physicians’ prescriptions shall perform any work in any store, dispensary, pharmacy, laboratory, or office for more than an average of nine hours per day, or for more than 108 hours in any two consecutive weeks or for more than 12 days in any two consecutive weeks, except that any registered pharmacist may be so employed and may perform such work for the full period of time permitted by this section.
(Amended by Stats. 1955, Ch. 435.)
851. No person employing another person to sell at retail drugs and medicines or to compound physicians’ prescriptions shall require or permit such employee to perform any work in any store, dispensary, pharmacy, laboratory, or office for more than an average of nine hours per day, or for more than 108 hours in any two consecutive weeks or for more than 12 days in any two consecutive weeks, except that any registered pharmacist may be so employed and may perform such work for the full period of time permitted by this section.
(Amended by Stats. 1955, Ch. 436.)
851.5. Except on Sundays and holidays, and except for a period of time for meals, not to exceed one hour in length, the hours of work permitted per day by this chapter shall be consecutive. This section does not apply to hospitals employing only one person to compound physicians’ prescriptions.
(Added by Stats. 1939, Ch. 567.)
852. The employer shall apportion the periods of rest to be taken by an employee so that the employee will have one complete day of rest during each week.
(Amended by Stats. 1939, Ch. 567.)
853. Any person who violates any provision of this chapter is guilty of a misdemeanor punishable by a fine of not less than forty dollars ($40) nor more than one hundred dollars ($100) or by imprisonment for not exceeding 60 days, or both.
(Amended by Stats. 1983, Ch. 1092, Sec. 196. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
854. The provisions of this chapter shall not apply in any case of emergency. The word “emergency” shall be construed as being accident, death, sickness or epidemic.
(Enacted by Stats. 1937, Ch. 90.)
855. The provisions of this chapter are enacted as a measure for the protection of the public health.
(Enacted by Stats. 1937, Ch. 90.)
856. The Labor Commissioner shall enforce this chapter.
(Enacted by Stats. 1937, Ch. 90.)
PART 3. PRIVILEGES AND IMMUNITIES [920–1138.5]
(Part 3 enacted by Stats. 1937, Ch. 90.)
CHAPTER 1. Contracts Against Public Policy [920–923]
(Chapter 1 enacted by Stats. 1937, Ch. 90.)
920. As used in this chapter, unless the context otherwise indicates, “promise” includes promise, undertaking, contract, or agreement, whether written or oral, express or implied.
(Enacted by Stats. 1937,