Section 238.1 Of Article 1. General Occupations From California Labor Code >> Division 2. >> Part 1. >> Chapter 1. >> Article 1.
238.1
. (a) Where an employer is conducting business in violation of
Section 238, the Labor Commissioner may issue and serve on that
employer a stop order prohibiting the use of employee labor by that
employer until the employer's compliance with Section 238, provided
that the stop order would not compromise or imperil public safety or
the life, health, and care of vulnerable individuals. The stop order
shall also prohibit the employer from continuing to provide services
by conducting business using the labor of another business,
contractor, or subcontractor. The stop order shall become effective
immediately upon the service of the order. Any employee affected by
the work stoppage shall be paid by the employer for such time lost,
not exceeding 10 days, pending compliance by the employer. The
employer may protest the stop order by making and filing with the
Labor Commissioner a written request for a hearing within 20 days
after service of the stop order. The hearing shall be held within
five days from the date of filing the request. The Labor Commissioner
shall notify the employer of the time and place of the hearing by
mail. At the conclusion of the hearing, the stop order shall be
immediately affirmed or dismissed, and within 24 hours thereafter,
the Labor Commissioner shall issue and serve on all parties to the
hearing by registered or certified mail a written notice of findings,
accompanied by written findings. A writ of mandate may be taken from
the findings to the appropriate superior court. The writ shall be
taken within 45 days after the mailing of the notice of findings
accompanied by written findings. The Labor Commissioner may file an
action in superior court for injunctive and other appropriate relief
to enforce the stop order and shall be entitled to recovery of costs
and attorney's fees if any relief is obtained by the Labor
Commissioner.
(b) Failure of an employer, owner, director, officer, or managing
agent of the employer to observe a stop order issued and served upon
him or her pursuant to this section is guilty of a misdemeanor
punishable by imprisonment in county jail not exceeding 60 days or by
a fine not exceeding ten thousand dollars ($10,000), or both. For
the purposes of this section, the term "managing agent" has the same
meaning as in subdivision (b) of Section 3294 of the Civil Code.