Section 90.5 Of Chapter 4. Division Of Labor Standards Enforcement From California Labor Code >> Division 1. >> Chapter 4.
90.5
. (a) It is the policy of this state to vigorously enforce
minimum labor standards in order to ensure employees are not required
or permitted to work under substandard unlawful conditions or for
employers that have not secured the payment of compensation, and to
protect employers who comply with the law from those who attempt to
gain a competitive advantage at the expense of their workers by
failing to comply with minimum labor standards.
(b) In order to ensure that minimum labor standards are adequately
enforced, the Labor Commissioner shall establish and maintain a
field enforcement unit, which shall be administratively and
physically separate from offices of the division that accept and
determine individual employee complaints. The unit shall have offices
in Los Angeles, San Francisco, San Jose, San Diego, Sacramento, and
any other locations that the Labor Commissioner deems appropriate.
The unit shall have primary responsibility for administering and
enforcing those statutes and regulations most effectively enforced
through field investigations, including Sections 226, 1021, 1021.5,
1193.5, 1193.6, 1194.5, 1197, 1198, 1771, 1776, 1777.5, 2651, 2673,
2675, and 3700, in accordance with the plan adopted by the Labor
Commissioner pursuant to subdivision (c). Nothing in this section
shall be construed to limit the authority of this unit in enforcing
any statute or regulation in the course of its investigations.
(c) The Labor Commissioner shall adopt an enforcement plan for the
field enforcement unit. The plan shall identify priorities for
investigations to be undertaken by the unit that ensure the available
resources will be concentrated in industries, occupations, and areas
in which employees are relatively low paid and unskilled, and those
in which there has been a history of violations of the statutes cited
in subdivision (b), and those with high rates of noncompliance with
Section 3700.
(d) The Labor Commissioner shall annually report to the
Legislature, not later than March 1, concerning the effectiveness of
the field enforcement unit. The report shall include, but not be
limited to, all of the following:
(1) The enforcement plan adopted by the Labor Commissioner
pursuant to subdivision (c), and the rationale for the priorities
identified in the plan.
(2) The number of establishments investigated by the unit, and the
number of types of violations found.
(3) The amount of wages found to be unlawfully withheld from
workers, and the amount of unpaid wages recovered for workers.
(4) The amount of penalties and unpaid wages transferred to the
General Fund as a result of the efforts of the unit.