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1010.  As used in this chapter "label" includes label, imprint,
trade-mark, tag, stamp, inscription, or other device.



1011.  A person engaged in the production, manufacture, or sale of
any article of merchandise in this state, shall not, by any label
placed or impressed upon such article, or upon its container,
misrepresent or falsely state any of the following as to the
production of such article:
   (a) The kind, character, or nature of the labor employed.
   (b) The extent of the labor employed.
   (c) The number or kind of persons exclusively employed.
   (d) That a particular or distinctive class or character of
laborers was wholly and exclusively employed, when in fact another
class, or character, or distinction of laborers was used or employed
either jointly or in anywise supplementary to such exclusive class,
character, or distinction of laborers.
   Violation of any provision of this section is a misdemeanor
punishable by a fine of not less than one hundred dollars ($100) nor
more than one thousand dollars ($1,000), or by imprisonment for not
less than 20 nor more than 90 days, or both.



1012.  Any person engaged in the production, manufacture, or sale of
any article of merchandise in this state, or any person engaged in
the performance of any acts or services of a private, public, or
quasi-public nature for profit, who willfully misrepresents or
falsely states that members of trades unions, labor associations, or
labor organizations were engaged or employed in the manufacture,
production, or sale of such article or in the performance of such
acts or services, is guilty of a misdemeanor punishable by a fine of
not more than one thousand dollars ($1,000), or by imprisonment in
the county jail for not more than 90 days, or both.




1013.  As used in this chapter "forge" means forge, reproduce, copy,
imitate, or counterfeit.



1014.  Any trade union, labor association, or labor organization,
organized and existing in this State, which has adopted and
registered a label or trademark in accordance with the law of this
State, has the exclusive right to the ownership, use, and control of
such label or trademark.



1015.  Any person who, without having an unrevoked written authority
from such trade union, labor association or labor organization,
willfully forges or procures to be forged such label or trademark,
with intent to sell or assist other persons to sell, any goods to
which such forged label is affixed as having been made, manufactured,
or produced in whole or in part by labor, laborers, or employees who
are members of, or allied or associated with, such trade union,
labor association, or labor organization, is guilty of a misdemeanor,
punishable by a fine not more than one thousand dollars ($1,000) or
imprisonment for not more than 90 days, or both.



1016.  Any person who willfully uses or displays the genuine label,
trademark, insignia, seal, device, or form of advertisement of any
association or labor union, in any manner not authorized by such
association or labor organization or not in conformity with the
bylaws thereof, is guilty of a misdemeanor punishable  by a fine not
exceeding two hundred dollars ($200) or imprisonment for not more
than three months, or both.



1017.  Any person who wilfully uses the card of any labor union to
obtain aid, assistance, or employment, unless entitled to use such
card under the rules and regulations of a labor union within this
State is guilty of a misdemeanor.


1018.  Any person who willfully wears the button of any labor union
of this state, unless entitled to wear the button under the rules of
such union, is guilty of a misdemeanor, and is punishable by
imprisonment in the county jail for not more than 20 days or by a
fine of not more than forty dollars ($40), or by both  fine and
imprisonment.

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1020.  It is the intent of the Legislature in enacting this chapter
to establish a citation system for the imposition of prompt and
effective civil sanctions against violators of the laws and
regulations of this state relating to the employment of workers by
unlicensed contractors and the utilization of unlicensed contractors
and other persons who are not valid independent contractors by
licensed contractors.



1021.  Any person who does not hold a valid state contractor's
license issued pursuant to Chapter 9 (commencing with Section 7000)
of Division 3 of the Business and Professions Code, and who employs
any worker to perform services for which a license is required, shall
be subject to a civil penalty in the amount of two hundred dollars
($200) per employee for each day of employment.  The civil penalties
provided for by this section are in addition to any other penalty
provided by law.



1021.5.  Any person who holds a valid state contractor's license
issued pursuant to Chapter 9 (commencing with Section 7000) of
Division 3 of the Business and Professions Code, and who willingly
and knowingly enters into a contract with any person to perform
services for which a license is required as an independent
contractor, and that person does not meet the burden of proof of
independent contractor status pursuant to Section 2750.5 or hold a
valid state contractor's license, shall be subject to a civil penalty
in the amount of two hundred dollars ($200) per person so contracted
with for each day of the contract.  The civil penalties provided for
by this section are in addition to any other penalty provided by
law.



1022.  If upon inspection or investigation the Labor Commissioner
determines that any person is employing workers in violation of
Section 1021 or 1021.5, he or she may issue a citation to the person
in violation.  The citation may be served personally or by registered
mail in accordance with subdivision (c) of Section 11505 of the
Government Code.  Each citation shall be in writing and shall
describe the nature of the violation, including reference to the
statutory provision alleged to have been violated.



1023.  (a) If a person desires to contest a citation or the proposed
assessment of a civil penalty therefor, he or she shall within 15
business days after service of the citation notify the office of the
Labor Commissioner which appears on the citation of his or her
request for an informal hearing.  The Labor Commissioner or his or
her deputy or agent shall, within 30 days, hold a hearing at the
conclusion of which the citation or proposed assessment of a civil
penalty shall be affirmed, modified, or dismissed.  The decision of
the Labor Commissioner shall consist of a notice of findings,
findings, and order which shall be served on all parties to the
hearing within 15 days after the hearing by regular first-class mail
at the last known address of the party on file with the Labor
Commissioner.  Service shall be completed pursuant to Section 1013 of
the Code of Civil Procedure.  Any amount found due by the Labor
Commissioner as a result of a hearing shall become due and payable 45
days after notice of the findings and written findings and order
have been mailed to the party assessed.  A writ of mandate may be
taken from that finding to the appropriate superior court, as long as
the party agrees to pay any judgment and costs ultimately rendered
by the court against the party for the assessment.  The writ shall be
taken within 45 days of service of the notice of findings, findings,
and order thereon.
   (b) A person to whom a citation has been issued, shall, in lieu of
contesting a citation pursuant to this section, transmit to the
office of the Labor Commissioner designated on the citation the
amount specified for the violation within 15 business days after
issuance of the citation.
   (c) When no petition objecting to a citation or the proposed
assessment of a civil penalty is filed, a certified copy of the
citation or proposed civil penalty may be filed by the Labor
Commissioner in the office of the clerk of the superior court in any
county in which the person assessed has property or in which the
person assessed has or had a place of business.  The clerk,
immediately upon the filing, shall enter judgment for the state
against the person assessed in the amount shown on the citation or
proposed assessment of a civil penalty.
   (d) When findings and the order thereon are made affirming or
modifying a citation or proposed assessment of a civil penalty after
hearing, a certified copy of the findings and the order entered
thereon may be entered by the Labor Commissioner in the office of the
clerk of the superior court in any county in which the person
assessed has property or in which the person assessed has or had a
place of business.  The clerk, immediately upon the filing, shall
enter judgment for the state against the person assessed in the
amount shown on the certified order.
   (e) A judgment entered pursuant to this section shall bear the
same rate of interest and shall have the same effect as other
judgments and be given the same preference allowed by law on other
judgments rendered for claims for taxes.  The clerk shall make no
charge for the service provided by this section to be performed by
him or her.


1024.  All civil penalties collected pursuant to this chapter shall
be deposited in the Industrial Relations Construction Industry
Enforcement Fund, which is hereby created.  All moneys in the fund
shall be used for the purpose of enforcing Section 226.2 and the
provisions of this chapter, as appropriated by the Legislature.
   It is the intent of the Legislature in enacting this section to
provide for the prompt and effective enforcement of labor laws
relating to the construction industry.

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1025.  Every private employer regularly employing 25 or more
employees shall reasonably accommodate any employee who wishes to
voluntarily enter and participate in an alcohol or drug
rehabilitation program, provided that this reasonable accommodation
does not impose an undue hardship on the employer.
   Nothing in this chapter shall be construed to prohibit an employer
from refusing to hire, or discharging an employee who, because of
the employee's current use of alcohol or drugs, is unable to perform
his or her duties, or cannot perform the duties in a manner which
would not endanger his or her health or safety or the health or
safety of others.



1026.  The employer shall make reasonable efforts to safeguard the
privacy of the employee as to the fact that he or she has enrolled in
an alcohol or drug rehabilitation program.



1027.  Nothing in this chapter shall be construed to require an
employer to provide time off with pay, except that an employee may
use sick leave to which he or she is entitled for the purpose of
entering and participating in an alcohol or drug rehabilitation
program.



1028.  An employee may file a complaint with the Labor Commissioner
if he or she believes that he or she has been denied reasonable
accommodation as required by this chapter.  Sections 98, 98.1, 98.2,
98.3, 98.4, 98.5, 98.6, and 98.7 shall be applicable to a complaint
filed pursuant to this section.

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1030.  Every employer, including the state and any political
subdivision, shall provide a reasonable amount of break time to
accommodate an employee desiring to express breast milk for the
employee's infant child.  The break time shall, if possible, run
concurrently with any break time already provided to the employee.
Break time for an employee that does not run concurrently with the
rest time authorized for the employee by the applicable wage order of
the Industrial Welfare Commission shall be unpaid.



1031.  The employer shall make reasonable efforts to provide the
employee with the use of a room or other location, other than a
toilet stall, in close proximity to the employee's work area, for the
employee to express milk in private.  The room or location may
include the place where the employee normally works if it otherwise
meets the requirements of this section.



1032.  An employer is not required to provide break time under this
chapter if to do so would seriously disrupt the operations of the
employer.


1033.  (a) An employer who violates any provision of this chapter
shall be subject to a civil penalty in the amount of one hundred
dollars ($100) for each violation.
   (b) If, upon inspection or investigation, the Labor Commissioner
determines that a violation of this chapter has occurred, the Labor
Commissioner may issue a citation.  The procedures for issuing,
contesting, and enforcing judgments for citations or civil penalties
issued by the Labor Commissioner for violations of this chapter shall
be the same as those set forth in Section 1197.1.
   (c) Notwithstanding any other provision of this code, violations
of this chapter shall not be misdemeanors under this code.

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1040.  This chapter shall be known and may be cited as the Employee
Literacy Education Assistance Act.



1041.  (a) Every private employer regularly employing 25 or more
employees shall reasonably accommodate and assist any employee who
reveals a problem of illiteracy and requests employer assistance in
enrolling in an adult literacy education program, provided that this
reasonable accommodation does not impose an undue hardship on the
employer.
   (b) For purposes of this section, employer assistance includes,
but is not limited to, providing the employee with the locations of
local literacy education programs or arranging for a literacy
education provider to visit the jobsite.



1042.  The employer shall make reasonable efforts to safeguard the
privacy of the employee as to the fact that he or she has a problem
with illiteracy.


1043.  Nothing in this chapter shall be construed to require an
employer to provide time off with pay for an employee to enroll and
participate in an adult literacy education program.



1044.  An employee who reveals a problem of illiteracy and who
satisfactorily performs his or her work shall not be subject to
termination of employment because of the disclosure of illiteracy.

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1050. Any person, or agent or officer thereof, who, after having
discharged an employee from the service of such person or after an
employee has voluntarily left such service, by any misrepresentation
prevents or attempts to prevent the former employee from obtaining
employment, is guilty of a misdemeanor.



1051.  Except as provided in Section 1057, any person or agent or
officer thereof, who requires, as a condition precedent to securing
or retaining employment, that an employee or applicant for employment
be photographed or fingerprinted by any person who desires his or
her photograph or fingerprints for the purpose of furnishing the same
or information concerning the same or concerning the employee or
applicant for employment to any other employer or third person, and
these photographs and fingerprints could be used to the detriment of
the employee or applicant for employment is guilty of a misdemeanor.




1052.  Any person who knowingly causes, suffers, or permits an
agent, superintendent, manager, or employee in his employ to commit a
violation of sections 1050 and 1051, or who fails to take all
reasonable steps within his power to prevent such violation is guilty
of a misdemeanor.



1053.  Nothing in this chapter shall prevent an employer or an
agent, employee, superintendent or manager thereof from furnishing,
upon special request therefor, a truthful statement concerning the
reason for the discharge of an employee or why an employee
voluntarily left the service of the employer.  If such statement
furnishes any mark, sign, or other means conveying information
different from that expressed by words therein, such fact, or the
fact that such statement or other means of furnishing information was
given without a special request therefor is prima facie evidence of
a violation of sections 1050 to 1053.



1054.  In addition to and apart from the criminal penalty provided
any person or agent or officer thereof, who violates any provision of
sections 1050 to 1052, inclusive, is liable to the party aggrieved,
in a civil action, for treble damages.  Such civil action may be
brought by such aggrieved person or his assigns, or successors in
interest, without first establishing any criminal liability under
this article.



1055.  Every public utility corporation shall, upon request by any
employee leaving its service, give to such employee a letter stating
the period of service and the kind of service rendered to the public
utility corporation by the employee.



1056.  Every public utility corporation violating Section 1055 is
guilty of a misdemeanor punishable by a fine of not less than fifty
dollars ($50) nor more than two hundred dollars ($200) for each
offense, which fine shall be collected by the district attorney of
the county in which the public utility corporation has its principal
place of business.



1057.  Section 1051 shall not apply to any employee of a diversified
or nondiversified management company, as defined in Section 80a-5 of
Title 15 of the United States Code, and the affiliates thereof, as
defined in Sections 80a-2(a)(2) and 80a-2(a)(3) of Title 15 of the
United States Code, who is required to be fingerprinted pursuant to
federal law.

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1060.  The following definitions shall apply throughout this
chapter:
   (a) "Awarding authority" means any person that awards or otherwise
enters into contracts for janitorial or building maintenance
services performed within the State of California, including any
subcontracts for janitorial or building maintenance services.
   (b) "Contractor" means any person that employs 25 or more
individuals and that enters into a service contract with the awarding
authority.
   (c) "Employee" means any person employed as a service employee of
a contractor or subcontractor who works at least 15 hours per week
and whose primary place of employment is in the State of California
under a contract to provide janitorial or building maintenance
services.  "Employee" does not include a person who is a managerial,
supervisory, or confidential employee, including those employees who
would be so defined under the federal Fair Labor Standards Act.
   (d) "Person" means any individual, proprietorship, partnership,
joint venture, corporation, limited liability company, trust,
association, or other entity that may employ individuals or enter
into contracts.
   (e) "Service contract" means any contract that has the principal
purpose of providing services through the use of service employees.
   (f) "Subcontractor" means any person who is not an employee who
enters into a contract with a contractor to assist the contractor in
performing a service contract.
   (g) "Successor service contract" means a service contract for the
performance of essentially the same services as were previously
performed pursuant to a different service contract at the same
facility that terminated within the previous 30 days.  A service
contract entered into more than 30 days after the termination of a
predecessor service contract shall be considered a "successor service
contract" if its execution was delayed for the purpose of avoiding
application of this chapter.



1061.  (a) (1) If an awarding authority notifies a contractor that
the service contract between the awarding authority and the
contractor has been terminated or will be terminated, the awarding
authority shall indicate in that notification whether a successor
service contract has been or will be awarded in its place and, if so,
shall identify the name and address of the successor contractor.
The terminated contractor shall, within three working days after
receiving that notification, provide to the successor contractor
identified by the awarding authority, the name, date of hire, and job
classification of each employee employed at the site or sites
covered by the terminated service contract at the time of the
contract termination.
   (2) If the terminated contractor has not learned the identity of
the successor contractor, if any, the terminated contractor shall
provide that information to the awarding authority, which shall be
responsible for providing that information to the successor
contractor as soon as that contractor has been selected.
   (3) The requirements of this section shall be equally applicable
to all subcontractors of a terminated contractor.
   (b) (1) A successor contractor or successor subcontractor shall
retain, for a 60-day transition employment period, employees who have
been employed by the terminated contractor or its subcontractors, if
any, for the preceding four months or longer at the site or sites
covered by the successor service contract unless the successor
contractor or successor subcontractor has reasonable and
substantiated cause not to hire a particular employee based on that
employee's performance or conduct while working under the terminated
contract.  This requirement shall be stated by awarding authorities
in all initial bid packages that are governed by this chapter.
   (2) The successor contractor or successor subcontractor shall make
a written offer of employment to each employee, as required by this
section, in the employee's primary language or another language in
which the employee is literate.  That offer shall state the time
within which the employee must accept that offer, but in no case may
that time be less than 10 days.  Nothing in this section requires the
successor contractor or successor subcontractor to pay the same
wages or offer the same benefits as were provided by the prior
contractor or prior subcontractor.
   (3) If at any time the successor contractor or successor
subcontractor determines that fewer employees are needed to perform
services under the successor service contract or successor
subcontract than were required by the terminated contractor under the
terminated contract or terminated subcontract, the successor
contractor or successor subcontractor shall retain employees by
seniority within the job classification.
   (c) The successor contractor or successor subcontractor, upon
commencing service under the successor service contract, shall
provide a list of its employees and a list of employees of its
subcontractors providing services at the site or sites covered under
that contract to the awarding authority.  These lists shall indicate
which of these employees were employed at the site or sites by the
terminated contractor or terminated subcontractor.  The successor
contractor or successor subcontractor shall also provide a list of
any of the terminated contractor's employees who were not retained
either by the successor contractor or successor subcontractor,
stating the reason these employees were not retained.
   (d) During the 60-day transition employment period, the successor
contractor or successor subcontractor shall maintain a preferential
hiring list of eligible covered employees not retained by the
successor contractor or successor subcontractor from which the
successor contractor or successor subcontractor shall hire additional
employees until such time as all of the terminated contractor's or
terminated subcontractor's employees have been offered employment
with the successor contractor or successor subcontractor.
   (e) During the initial 60-day transition employment period, the
successor contractor or successor subcontractor shall not discharge
without cause an employee retained pursuant to this chapter.  Cause
shall be based only on the performance or conduct of the particular
employee.
   (f) At the end of the 60-day transition employment period, a
successor contractor or successor subcontractor shall provide a
written performance evaluation to each employee retained pursuant to
this chapter.  If the employee's performance during that 60-day
period is satisfactory, the successor contractor or successor
subcontractor shall offer the employee continued employment.  Any
employment after the 60-day transition employment period shall be
at-will employment under which the employee may be terminated without
cause.



1062.  (a) An employee, who was not offered employment or who has
been discharged in violation of this chapter by a successor
contractor or successor subcontractor, or an agent of the employee
may bring an action against a successor contractor or successor
subcontractor in any superior court of the State of California having
jurisdiction over the successor contractor or successor
subcontractor.  Upon finding a violation of this chapter, the court
shall award backpay, including the value of benefits, for each day
during which the violation has occurred and continues to occur.  The
amount of backpay shall be calculated as the greater of either of the
following:
   (1) The average regular rate of pay received by the employee
during the last three years of the employee's employment in the same
occupation classification multiplied by the average hours worked
during the last three years of the employee's employment.
   (2) The final regular rate of pay received by the employee at the
time of termination of the predecessor contract multiplied by the
number of hours usually worked by the employee.
   (b) The court may order a preliminary or permanent injunction to
stop the continued violation of this chapter.
   (c) If the employee is the prevailing party in the legal action,
the court shall award the employee reasonable attorney's fees and
costs as part of the costs recoverable.
   (d) In the absence of a claim by an employee that he or she was
terminated in violation of this chapter, an employee may not maintain
a cause of action under this chapter solely for the failure of an
employer to provide a written performance evaluation.



1063.  (a) This chapter only applies to contracts entered into on or
after January 1, 2002.
   (b) Except for the obligations specified in subdivisions (a) and
(b) of Section 1061, nothing in this chapter changes or increases the
relationship or duties of a property owner or an awarding authority,
or their agents, with respect to contractors, subcontractors, or
their employees.
   (c) Nothing in this chapter limits the right of a property owner
or an awarding authority to terminate a service contract or to
replace a contractor with another contractor or with the property
owner's or awarding authority's own employees.



1064.  Nothing in this chapter shall prohibit a local government
agency from enacting ordinances relating to displaced janitors that
impose greater standards than, or establish additional enforcement
provisions to, those prescribed by this chapter.




1065.  If any provision or provisions of this chapter or any
application thereof is held invalid, that invalidity shall not affect
any other provisions or applications of this chapter that can be
given effect notwithstanding that invalidity.

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1070.  The Legislature finds and declares all of the following:
   (a) That when public transit agencies award contracts to operate
bus and rail services to a new contractor, qualified employees of the
prior contractor who are not reemployed by the successor contractor
face significant economic dislocation as a result.
   (b) That those displaced employees rely unnecessarily upon the
unemployment insurance system, public social services, and health
programs, increasing costs to these vital government programs and
placing a significant burden upon both the government and the
taxpayers.
   (c) That it serves an important social purpose to establish
incentives for contractors who bid public transit services contracts
to retain qualified employees of the prior contractor to perform the
same or similar work.



1071.  The following definitions apply throughout this chapter:
   (a) "Awarding authority" means any local government agency,
including any city, county, special district, transit district, joint
powers authority, or nonprofit corporation that awards or otherwise
enters into contracts for public transit services performed within
the State of California.
   (b) "Bidder" means any person who submits a bid to an awarding
agency for a public transit service contract or subcontract.
   (c) "Contractor" means any person who enters into a public transit
service contract with an awarding authority.
   (d) "Employee" means any person who works for a contractor or
subcontractor under a contract.  "Employee" does not include an
executive, administrative, or professional employee exempt from the
payment of overtime compensation within the meaning of subdivision
(a) of Section 515 or any person who is not an "employee" as defined
under Section 2(3) of the National Labor Relations Act (29 U.S.C.
Sec. 152(3)).
   (e) "Person" means any individual, proprietorship, partnership,
joint venture, corporation, limited liability company, trust,
association, or other entity that may employ individuals or enter
into contracts.
   (f) "Public transit services" means the provision of passenger
transportation services to the general public, including paratransit
service.
   (g) "Service contract" means any contract the principal purpose of
which is to provide public transit services through the use of
service employees.
   (h) "Subcontractor" means any person who is not an employee who
enters into a contract with a contractor to assist the contractor in
performing a service contract.



1072.  (a) A bidder shall declare as part of the bid for a service
contract whether or not he or she will retain the employees of the
prior contractor or subcontractor for a period of not less than 90
days.
   (b) An awarding authority letting a service contract out to bid
shall give a 10 percent preference to any bidder who agrees to retain
the employees of the prior contractor or subcontractor pursuant to
subdivision (a).
   (c) (1) If the awarding authority announces that it intends to let
a service contract out to bid, the existing service contractor,
within a reasonable time, shall provide to the awarding authority the
number of employees who are performing services under the service
contract and the wage rates, benefits, and job classifications of
those employees.   In addition, the existing service contractor shall
make this information available to any entity that the awarding
authority has identified as a bona fide bidder.  If the successor
service contract is awarded to a new contractor, the existing
contractor shall provide the names , addresses, dates of hire, wages,
benefit levels, and job classifications of employees to the
successor contractor.  The duties imposed by this subdivision shall
be contained in all service contracts.
   (2) A successor contractor or subcontractor who agrees to retain
employees pursuant to subdivision (a) shall retain employees who have
been employed by the prior contractor or subcontractors, except for
reasonable and substantiated cause.  That cause is limited to the
particular employee's performance or conduct while working under the
prior contract or the employee's failure of any controlled substances
and alcohol test, physical examination, criminal background check
required by law as a condition of employment, or other standard
hiring qualification lawfully required by the successor contractor or
subcontractor.
   (3) The successor contractor or subcontractor shall make a written
offer of employment to each employee to be rehired.  That offer
shall state the time within which the employee must accept that
offer, but in no case less than 10 days.  Nothing in this section
requires the successor contractor or subcontractor to pay the same
wages or offer the same benefits provided by the prior contractor or
subcontractor.
   (4) If, at any time, the successor contractor or subcontractor
determines that fewer employees are required than were required under
the prior contract or subcontract, he or she shall retain qualified
employees by seniority within the job classification.  In determining
those employees who are qualified, the successor contractor or
subcontractor may require an employee to possess any license that is
required by law to operate the equipment that the employee will
operate as an employee of the successor contractor or subcontractor.



1073.  (a) An employee who was not offered employment or who has
been discharged in violation of this chapter, or his or her agent,
may bring an action against the successor contractor or subcontractor
in any superior court having jurisdiction over the successor
contractor or subcontractor.  Upon finding a violation of this
chapter, the court shall order reinstatement to employment with the
successor contractor or subcontractor and award backpay, including
the value of benefits, for each day of violation.  A violation of
this chapter continues for each day that the successor contractor or
subcontractor fails to employ the employee, within the period agreed
to pursuant to Section 1072.
   (b) The court may preliminarily or permanently enjoin the
continued violation of this chapter.
   (c) If the employee prevails in an action brought under this
chapter, the court shall award the employee reasonable attorney's
fees and costs as part of the costs recoverable.



1074.  (a) Upon its own motion or upon the request of any member of
the public, an awarding authority may terminate any service contract
made pursuant to Section 1072  if both of the following occur:
   (1) The contractor or subcontractor has substantially breached the
contract.
   (2) The awarding authority holds a public hearing within 30 days
of the receipt of the request or its announcement of its intention to
terminate.
   (b) A contractor or subcontractor terminated pursuant to
subdivision (a) shall be ineligible to bid on or be awarded a service
contract or subcontract with that awarding authority for a period of
not less than one year and not more than three years, to be
determined by the awarding authority.

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1101.  No employer shall make, adopt, or enforce any rule,
regulation, or policy:
   (a) Forbidding or preventing employees from engaging or
participating in politics or from becoming candidates for public
office.
   (b) Controlling or directing, or tending to control or direct the
political activities or affiliations of employees.



1102.  No employer shall coerce or influence or attempt to coerce or
influence his employees through or by means of threat of discharge
or loss of employment to adopt or follow or refrain from adopting or
following any particular course or line of political action or
political activity.



1102.5.  (a) An employer may not make, adopt, or enforce any rule,
regulation, or policy preventing an employee from disclosing
information to a government or law enforcement agency, where the
employee has reasonable cause to believe that the information
discloses a violation of state or federal statute, or a violation or
noncompliance with a state or federal rule or regulation.
   (b) An employer may not retaliate against an employee for
disclosing information to a government or law enforcement agency,
where the employee has reasonable cause to believe that the
information discloses a violation of state or federal statute, or a
violation or noncompliance with a state or federal rule or
regulation.
   (c) An employer may not retaliate against an employee for refusing
to participate in an activity that would result in a violation of
state or federal statute, or a violation or noncompliance with a
state or federal rule or regulation.
   (d) An employer may not retaliate against an employee for having
exercised his or her rights under subdivision (a), (b), or (c) in any
former employment.
   (e) A report made by an employee of a government agency to his or
her employer is a disclosure of information to a government or law
enforcement agency pursuant to subdivisions (a) and (b).
   (f) In addition to other penalties, an employer that is a
corporation or limited liability company is liable for a civil
penalty not exceeding ten thousand dollars ($10,000) for each
violation of this section.
   (g) This section does not apply to rules, regulations, or policies
which implement, or to actions by employers against employees who
violate, the confidentiality of the lawyer-client privilege of
Article 3 (commencing with Section 950), the physician-patient
privilege of Article 6 (commencing with Section 990) of Chapter 4 of
Division 8 of the Evidence Code, or trade secret information.



1102.6.  In a civil action or administrative proceeding brought
pursuant to Section 1102.5, once it has been demonstrated by a
preponderance of the evidence that an activity proscribed by Section
1102.5 was a contributing factor in the alleged prohibited action
against the employee, the employer shall have the burden of proof to
demonstrate by clear and convincing evidence that the alleged action
would have occurred for legitimate, independent reasons even if the
employee had not engaged in activities protected by Section 1102.5.



1102.7.  (a) The office of the Attorney General shall maintain a
whistleblower hotline to receive calls from persons who have
information regarding possible violations of state or federal
statutes, rules, or regulations, or violations of fiduciary
responsibility by a corporation or limited liability company to its
shareholders, investors, or employees.
   (b) The Attorney General shall refer calls received on the
whistleblower hotline to the appropriate government authority for
review and possible investigation.
   (c) During the initial review of a call received pursuant to
subdivision (a), the Attorney General or appropriate government
agency shall hold in confidence information disclosed through the
whistleblower hotline, including the identity of the caller
disclosing the information and the employer identified by the caller.

   (d) A call made to the whistleblower hotline pursuant to
subdivision (a) or its referral to an appropriate agency under
subdivision (b) may not be the sole basis for a time period under a
statute of limitation to commence.  This section does not change
existing law relating to statutes of limitation.



1102.8.  (a) An employer shall prominently display in lettering
larger than size 14 point type a list of employees' rights and
responsibilities under the whistleblower laws, including the
telephone number of the whistleblower hotline described in Section
1102.7.
   (b) Any state agency required to post a notice pursuant to Section
8548.2 of the Government Code or subdivision (b) of Section 6128 of
the Penal Code shall be deemed in compliance with the posting
requirement set forth in subdivision (a) if the notice posted
pursuant to Section 8548.2 of the Government Code or subdivision (b)
of Section 6128 of the Penal Code also contains the whistleblower
hotline number described in Section 1102.7.



1103.  Any employer who violates this chapter is guilty of a
misdemeanor punishable, in the case of an individual, by imprisonment
in the county jail not to exceed one year or a fine of not to exceed
$1,000 or both and, in the case of a corporation, by a fine of not
to exceed $5,000.



1104.  In all prosecutions under this chapter, the employer is
responsible for the acts of his managers, officers, agents, and
employees.


1105.  Nothing in this chapter shall prevent the injured employee
from recovering damages from his employer for injury suffered through
a violation of this chapter.



1106.  For purposes of Sections 1102.5, 1102.6, 1102.7, 1102.8,
1104, and 1105, "employee" includes, but is not limited to, any
individual employed by the state or any subdivision thereof, any
county, city, city and county, including any charter city or county,
and any school district, community college district, municipal or
public corporation, political subdivision, or the University of
California.

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1110.  No agreement, combination, or contract, by or between two or
more persons to do or procure to be done, or not to do or procure not
to be done, any act in contemplation or furtherance of any trade
dispute between employers and employees in the State is criminal, if
the same act committed by one person would not be punishable as a
crime.  This chapter does not authorize violence, or threats thereof.

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1115.  A jurisdictional strike as herein defined is hereby declared
to be against the public policy of the State of California and is
hereby declared to be unlawful.



1116.  Any person injured or threatened with injury by violation of
any of the provisions hereof shall be entitled to injunctive relief
therefrom in a proper case, and to recover any damages resulting
therefrom in any court of competent jurisdiction.




1117.  As used herein, "labor organization" means any organization
or any agency or employee representation committee or any local unit
thereof in which employees participate, and exists for the purpose,
in whole or in part, of dealing with employers concerning grievances,
labor disputes, wages, hours of employment or conditions of work,
which labor organization is not found to be or to have been financed
in whole or in part, interfered with, dominated or controlled by the
employer or any employer association within one year of the
commencement of any proceeding brought under this chapter.  The
plaintiff shall have the affirmative of the issue with respect to
establishing the existence of a "labor organization" as defined
herein.
   As used herein, "person" means any person, association,
organization, partnership, corporation, limited liability company,
unincorporated association, or labor organization.



1118.  As used in this chapter, "jurisdictional strike" means a
concerted refusal to perform work for an employer or any other
concerted interference with an employer's operation or business,
arising out of a controversy between two or more labor organizations
as to which of them has or should have the exclusive right to bargain
collectively with an employer on behalf of his employees or any of
them, or arising out of a controversy between two or more labor
organizations as to which of them has or should have the exclusive
right to have its members perform work for an employer.



1119.  Nothing in this chapter shall be construed to interfere with
collective bargaining subject to the prohibitions herein set forth,
nor to prohibit any individual voluntarily becoming or remaining a
member of a labor organization, or from personally requesting any
other individual to join a labor organization.



1120.  If any provision of this chapter or the application of such
provision to any person or circumstance shall be held invalid, the
remainder of this chapter or the application of such provision to
persons or circumstances other than those as to which it is held
invalid, shall not be affected thereby.



1122.  Any person who organizes an employee group which is financed
in whole or in part, interfered with or dominated or controlled by
the employer or any employer association, as well as such employer or
employer association, shall be liable to suit by any person who is
injured thereby.  Said injured party shall recover the damages
sustained by him and the costs of suit.

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1126.  Any collective bargaining agreement between an employer and a
labor organization shall be enforceable at law or in equity, and a
breach of such collective bargaining agreement by any party thereto
shall be subject to the same remedies, including injunctive relief,
as are available on other contracts in the courts of this State.




1127.  (a) Where a collective bargaining agreement between an
employer and a labor organization contains a successor clause, such
clause shall be binding upon and enforceable against any successor
employer who succeeds to the contracting employer's business until
the expiration date of the agreement stated in the agreement. No such
successor clause shall be binding upon or enforceable against any
successor employer for more than three years from the effective date
of the collective bargaining agreement between the contracting
employer and the labor organization.
   (b) As used in this section, "successor employer" means any
purchaser, assignee, or transferee of a business the employees of
which are subject to a collective bargaining agreement, if such
purchaser, assignee, or transferee conducts or will conduct
substantially the same business operation, or offer the same service,
and use the same physical facilities, as the contracting employer.
   (c) This section shall not apply to a receiver or trustee in
bankruptcy of any contracting employer who has gone into receivership
or bankruptcy, or to any employer who acquires a business from a
receiver or trustee in bankruptcy, or to any employer which is a
public entity, or to any employer who is subject to the National
Labor Relations Act, Agricultural Labor Relations Act of 1975, or the
Railway Labor Act.
   (d) An employer who is a party to a collective bargaining
agreement containing a successor clause has the affirmative duty to
disclose the existence of such agreement and such clause to any
successor employer.  Such disclosure requirement shall be satisfied
by including in any contract of sale, agreement to purchase, or any
similar instrument of conveyance, a statement that the successor
employer is bound by such successor clause as provided for in the
collective bargaining agreement.



1128.  (a) Where a party to a collective bargaining agreement
prevails in a court action to compel arbitration of disputes
concerning the collective bargaining agreement, the court shall award
attorney's fees to the prevailing party unless the other party has
raised substantial and credible issues involving complex or
significant questions of law or fact regarding whether or not the
dispute is arbitrable under the agreement.
   If the dispute is later found to be not arbitrable under the
collective bargaining agreement, any award made pursuant to this
subdivision shall be vacated and those sums paid to satisfy the award
shall be reimbursed to the payor.
   (b) Where a party to a collective bargaining agreement appeals the
decision of an arbitrator regarding disputes concerning the
collective bargaining agreement, the court shall award attorney's
fees to the prevailing appellee unless the appellant has raised
substantial issues involving complex or significant questions of law.

   (c) Where a party to a collective bargaining agreement prevails in
a court action to compel compliance with the decision or award of an
arbitrator or a grievance panel regarding disputes concerning the
collective bargaining agreement, the court shall award attorney's
fees to the prevailing party unless the other party has raised
substantial issues involving complex or significant questions of law.

   (d) This section shall not apply to public employment.

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1130.  The Legislature hereby makes the following findings and
declarations:
   Relations between organized labor and management in this state
have for many years been marked by a mature adherence to the
principles of good faith, collective bargaining and mutual respect
for the rights, interest and well-being of working people, business
and industry.  The importation or use in this state of professional
strikebreakers as replacements during a strike or lockout endangers
such sound and beneficial relations between labor and management.
   Experience in this state and in other parts of this country
demonstrates that the utilization of professional strikebreakers in
labor disputes is inimical to the public welfare and good order, in
that such practices tend to produce and prolong industrial strife,
frustrate collective bargaining and encourage violence, crimes and
other disorders.
   The aforementioned evils are beyond the regulation of applicable
federal law, and the mitigation and correction thereof requires the
exercise of the police power of this state.

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1132.  Unless provided otherwise, the definitions in this article
govern the construction of this chapter.



1132.2.  "Employer" means a person, partnership, firm, corporation,
association, or other entity, which employs any person or persons to
perform services for a wage or salary, and includes any person,
partnership, firm, corporation, limited liability company,
association or other entity acting as an agent of an employer,
directly or indirectly.



1132.4.  "Employee" means any person who performs services for wages
or salary under a contract of employment, express or implied, for an
employer.


1132.6.  "Strike" means any concerted act of more than 50 percent of
the bargaining unit employees in a lawful refusal of such employees
under applicable state or federal law to perform work or services for
an employer, other than work stoppages based on conflicting union
jurisdictions or work stoppages unauthorized by the proper union
governing body.



1132.8.  "Lockout" means any refusal by an employer to permit any
group of five or more employees to work as a result of a dispute with
such employees affecting wages, hours or other terms or conditions
of employment of such employees.


1133.  "Professional strikebreaker" means any person other than
supervisorial personnel who have been in the employ of the employer
before the commencement of the strike or lockout or members of the
immediate family of the owner of the place of business:
   (1) Who during a period of five years immediately preceding the
acts described in subdivision (2) of this section has offered himself
and has been accepted on repeated occasions to two or more employers
at whose places of business a strike or lockout was currently in
progress, for employment for the duration of such strike or lockout
for the purpose of replacing an employee or employees involved in
such strike or lockout, and
   (2) Who currently offers himself to an employer at whose place of
business a strike or lockout is presently in progress for employment
for the purpose of replacing an employee or employees involved in
such strike or lockout.
   As used in this section:
   (a) "Repeated occasions" means on three or more occasions
(exclusive of any current offer for employment in connection with a
current strike or lockout).
   (b) "Employment for the duration of such strike or lockout"
includes employment for all or part of the duration of such strike or
lockout; and, in connection therewith, includes services during all
or part of such strike or lockout which began no more than one month
prior to the initiation thereof, or, in the alternative, which
concluded not later than one month after the termination of such
strike or lockout.
   (c) "Employment" means services for an employer, whether
compensated by wages, salary, or any other consideration not limited
to the foregoing and whether secured, arranged or paid for by an
employer or any other person, partnership, firm, corporation,
association or other entity.
   (d) "Supervisorial personnel" means those employees who have the
authority to hire, fire, reward, or discipline other employees of the
employer, or who have a history of having had the authority to
effectively recommend such action.

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1134.  It shall be unlawful for any employer willingly and knowingly
to utilize any professional strikebreaker to replace an employee or
employees involved in a strike or lockout at a place of business
located within this state.


1134.2.  It shall be unlawful for any professional strikebreaker
willingly and knowingly to offer himself for employment or to replace
an employee or employees involved in a strike or lockout at a place
of business located within this state.

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1136.  Any person, partnership, firm, corporation, association or
other entity, or officer or agent thereof, who shall violate any of
the provisions of this chapter shall upon conviction thereof be
subject to a fine not to exceed one thousand dollars ($1,000), or
imprisonment for a period not to exceed 90 days, or both such fine
and imprisonment, in the discretion of the court.



1136.2.  If any part of the provisions of this chapter, or the
application thereof, to any person or circumstance is held invalid in
the final judgment of a court of competent jurisdiction, the
remainder of this chapter, including the application of such part or
provision to other persons or circumstances, shall not be affected
thereby, and this chapter shall otherwise continue in full force and
effect and shall otherwise be fully operative.  To this end, the
provisions of this chapter, and each of them, are hereby declared to
be severable.

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1137.  The definitions set forth in this section shall govern the
construction and meaning of the terms used in this chapter:
   (a) "Local agency" means any city, county, special district, or
other public entity in the state.  It includes a charter city or a
charter county.
   (b) "Public transit employee" means an employee of any transit
district of the state, an employee of the Golden Gate Bridge, Highway
and Transportation District, and an employee of any local agency who
is employed to work for transit service provided by such agency.



1137.1.  Notwithstanding any other provision of law, the following
provisions shall govern disputes between exclusive bargaining
representatives of public transit employees and local agencies:
   (a) Such disputes shall not be subject to any factfinding
procedure otherwise provided by law.
   (b) Each party shall exchange contract proposals not less than 90
days before the expiration of a contract, and shall be in formal
collective bargaining not less than 60 days before such expiration.
   (c) Each party shall supply to the other party such reasonable
data as are requested by the other party.
   (d) At the request of either party to a dispute, a conciliator
from the State Conciliation Service shall be assigned to mediate the
dispute and shall have access to all formal negotiations.
   The provisions of this section shall not apply to any local agency
subject to the provisions of Chapter 10 (commencing with Section
3500) of Division 4 of Title 1 of the Government Code.



1137.2.  (a) Whenever in the opinion of the Governor, a threatened
or actual strike or lockout will, if permitted to occur or continue,
significantly disrupt public transportation services and endanger the
public's health, safety, or welfare, and upon the request of either
party to the dispute, the Governor may appoint a board to investigate
the issues involved in the dispute and to make a written report to
him or her within seven days.  Such report shall include a statement
of the facts with respect to the dispute, including the respective
positions of the parties, but shall not  contain recommendations.
Such report shall be made available to the public.
   (b) Any strike or lockout during the period of investigation of
the board appointed pursuant to this section is prohibited.



1137.3.  The board of investigation shall be composed of no more
than five members, one of whom shall be designated by the Governor as
chairperson.  Members of the board shall receive one hundred dollars
($100) for each day actually spent by them in the work of the board
and shall receive their actual and necessary expenses incurred in the
performance of their duties.
   The board may hold public hearings to ascertain the facts with
respect to the causes and circumstances of the dispute.  For the
purpose of any hearing or investigation, the board may summon and
subpoena witnesses, require the production of papers, books,
accounts, reports, documents, records, and papers of any kind and
description, to issue subpoenas, and to take all necessary means to
compel the attendance of witnesses and procure testimony.



1137.4.  Upon receiving a report from a board of investigation, the
Governor may request the Attorney General to, and he or she shall,
petition any court of competent jurisdiction to enjoin such strike or
lockout or the continuing thereof, for a period of 60 days.  The
court shall issue an order enjoining such strike or lockout, or the
continuation thereof, if the court finds that such threatened or
actual strike or lockout, if permitted to occur or continue, will
significantly disrupt public transportation services and endanger the
public's health, safety, or welfare.



1137.5.  If the charter or establishing legislation of the local
agency establishes a time period for the negotiating or meeting and
conferring process which is shorter than 60 days, the provisions of
this chapter shall not be applicable to any disputes which may arise
between the exclusive bargaining representative of public transit
employees and the local agency.



1137.6.  Except as expressly provided by subdivision (b) of Section
1137.2 and Section 1137.4, nothing in this chapter shall be construed
to grant or deprive employees of a right to strike.

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1138.  No officer or member of any association or organization, and
no association or organization, participating or interested in a
labor dispute, shall be held responsible or liable in any court of
this state for the unlawful acts of individual officers, members, or
agents, except upon clear proof of actual participation in, or actual
authorization of those acts.



1138.1.  (a) No court of this state shall have authority to issue a
temporary or permanent injunction in any case involving or growing
out of a labor dispute, except after hearing the testimony of
witnesses in open court, with opportunity for cross-examination, in
support of the allegations of a complaint made under oath, and
testimony in opposition thereto, if offered, and except after
findings of fact by the court, of all of the following:
   (1) That unlawful acts have been threatened and will be committed
unless restrained or have been committed and will be continued unless
restrained, but no injunction or temporary restraining order shall
be issued on account of any threat or unlawful act excepting against
the person or persons, association, or organization making the threat
or committing the unlawful act or actually authorized those acts.
   (2) That substantial and irreparable injury to complainant's
property will follow.
   (3) That as to each item of relief granted greater injury will be
inflicted upon complainant by the denial of relief than will be
inflicted upon defendants by the granting of relief.
   (4) That complainant has no adequate remedy at law.
   (5) That the public officers charged with the duty to protect
complainant's property are unable or unwilling to furnish adequate
protection.
   (b) The hearing shall be held after due and personal notice
thereof has been given, in the manner that the court shall direct, to
all known persons against whom relief is sought, and also to the
chief of those public officials of the county and city within which
the unlawful acts have been threatened or committed charged with the
duty to protect complainant's property.  However, if a complainant
also alleges that, unless a temporary restraining order is issued
without notice, a substantial and irreparable injury to complainant's
property will be unavoidable, such a temporary restraining order may
be issued upon testimony under oath, sufficient, if sustained, to
justify the court in issuing a temporary injunction upon a hearing
after notice.  Such a temporary restraining order shall be effective
for no longer than five days and shall become void at the expiration
of those five days.  No temporary restraining order shall be issued
unless the judicial officer issuing the temporary restraining order
first hears oral argument from the opposing party or opposing party's
attorney, except in the instances specified in subparagraphs (B) and
(C) of paragraph (2) of subdivision (c) of Section 527 of the Code
of Civil Procedure.  No temporary restraining order or temporary
injunction shall be issued except on the condition that the
complainant first files an undertaking with adequate security in an
amount to be fixed by the court sufficient to recompense those
enjoined for any loss, expense, or damage caused by the improvident
or erroneous issuance of the order or injunction, including all
reasonable costs, together with a reasonable attorney's fee, and
expense of defense against the order or against the granting of any
injunctive relief sought in the same proceeding and subsequently
denied by the court.
   (c) The undertaking shall be an agreement entered into by the
complainant and the surety upon which a decree may be rendered in the
same suit or proceeding against the complainant and surety, upon a
hearing to assess damages of which hearing the complainant and surety
shall have reasonable notice, the complainant and surety submitting
themselves to the jurisdiction of the court for that purpose.
Nothing contained in this section shall deprive any party having a
claim or cause of action under or upon such undertaking from electing
to pursue his or her ordinary remedy by suit at law or in equity.




1138.2.  No restraining order or injunctive relief shall be granted
to any complainant involved in the labor dispute in question who has
failed to comply with any obligation imposed by law, or who has
failed to make every reasonable effort to settle that dispute either
by negotiation or with the aid of any available governmental
machinery of mediation or voluntary arbitration.



1138.3.  No restraining order or temporary or permanent injunction
shall be granted in a case involving or growing out of a labor
dispute, except on the basis of findings of fact made and filed by
the court in the record of the case prior to the issuance of the
restraining order or injunction; and every restraining order or
injunction granted in a case involving or growing out of a labor
dispute shall include only a prohibition of the specific act or acts
as may be expressly complained of in the complaint or petition filed
in such case and as shall be expressly included in findings of fact
made and filed by the court.


1138.4.  The term "labor dispute" as used in this chapter has the
same meaning as set forth in clauses (i), (ii), and (iii) of
paragraph (4) of subdivision (b) of Section 527.3 of the Code of
Civil Procedure.


1138.5.  Sections 1138.1, 1138.2, and 1138.3 shall not apply to any
peace officer as defined in Chapter 4.5 (commencing with Section 830)
of Title 3 of Part 2 of the Penal Code.