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Section 95 Of Chapter 4. Division Of Labor Standards Enforcement From California Labor Code >> Division 1. >> Chapter 4.
95
. (a) The division may enforce the provisions of this code and
all labor laws of the state the enforcement of which is not
specifically vested in any other officer, board or commission. Except
as provided in subdivision (d), in the enforcement of such
provisions and laws, the director, deputy director, and such officers
and employees as the director may designate, shall only have the
authority, as public officers, to arrest without a warrant, any
person who, in his presence, has violated or as to whom there is
probable cause to believe has violated any of such provisions and
laws.
In any case in which an arrest authorized by this subdivision is
made for an offense declared to be a misdemeanor, and the person
arrested does not demand to be taken before a magistrate, the
arresting officer may, instead of taking such person before a
magistrate, follow the procedure prescribed by Chapter 5C (commencing
with Section 853.6) of Title 3 of Part 2 of the Penal Code. The
provisions of such chapter shall thereafter apply with reference to
any proceeding based upon the issuance of a citation pursuant to this
authority.
(b) There shall be no civil liability on the part of and no cause of action shall arise against any person, acting pursuant to this section and within the scope of his authority, for false arrest or false imprisonment arising out of any arrest which is lawful or which the arresting officer, at the time of such arrest, had reasonable cause to believe was lawful. No such officer shall be deemed an aggressor or lose his right to self-defense by the use of reasonable force to effect the arrest or to prevent escape or to overcome resistance.
(c) The director, deputy director, and such officers and employees as the director may designate, may serve all processes and notices throughout the state.
(d) With respect to the enforcement of the provisions of this code and other labor laws as provided in subdivision (a), all officers and employees designated by the Labor Commissioner as investigators, shall have the authority of peace officers to make arrests, and may serve processes and notices as provided in subdivision (c).
(b) There shall be no civil liability on the part of and no cause of action shall arise against any person, acting pursuant to this section and within the scope of his authority, for false arrest or false imprisonment arising out of any arrest which is lawful or which the arresting officer, at the time of such arrest, had reasonable cause to believe was lawful. No such officer shall be deemed an aggressor or lose his right to self-defense by the use of reasonable force to effect the arrest or to prevent escape or to overcome resistance.
(c) The director, deputy director, and such officers and employees as the director may designate, may serve all processes and notices throughout the state.
(d) With respect to the enforcement of the provisions of this code and other labor laws as provided in subdivision (a), all officers and employees designated by the Labor Commissioner as investigators, shall have the authority of peace officers to make arrests, and may serve processes and notices as provided in subdivision (c).
