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shall be executed by the contractor, and at least two sureties, in an amount not less than the sum specified in the bond, and must provide that if the contractor, person, company, or corporation fails to pay for any materials or supplies furnished for the performance of the work contracted to be done, or for any work or labor done thereon of any kind, that the sureties will pay the same, in an amount not exceeding the sum specified in the bond: Provided, That such claims shall be
filed as hereafter required. Who may have Sec. 2. Any materialman, person, company, or corporation, furnishbenefit.
ing materials or supplies used in the performance of the work contracted to be executed or performed, or any person who performed work or labor upon the same, or any person who supplies both work and materials, and whose claim has not been paid by the contractor,
company, or corporation, to whom the contract has been awarded, Filing state- shals, within thirty days from the time such work is completed, file ment.
with the commissioners, managers, trustees, officers, board of supervisors, board of trustees, common council, or other body by whom such contract was awarded, a verified statement of such claims, together with a statement that the same has not been paid. At any time within ninety days after the filing of such claim, the person, company, or corporation filing the same may commence an action against the sureties on the bond, specified and required by section one hereof.
The requirement that claims must be filed within thirty days from the time work is completed does not preclude the beginning of an action for money already due, before such completion. 68 Pac. Rep. 92.
CHAPTER 170.-- Payment of wages. Monthly pay- SECTION 1. Every corporation doing business in this State shall pay, day.
at least once a month, each and every employee employed by such corporation, in transacting or carrying on its business, or in the performance of labor for it, the wages earned by such employee during the preceding month : Provided, however, That if at the time of payment any employee shall be absent, or not engaged in his usual employment, he shall be entitled to said payment at any time thereafter
upon demand. Violation en- SEC. 2. A violation of any of the provisions of section one of this act titles to lien.
shall entitle each of said employees to a lien on all the property of said corporation for the amount of their wages, which lien shall take preference over all other liens, except duly recorded mortgages or deeds of trust; and in any action to recover the amount of such wages, or to enforce said lien, the plaintiff shall be entitled to a reasonable attorney's fee to be fixed by the court, and which shall form part of the judgment in said action, and shalí also be entitled to an attachment against said property. An unrecorded deed shall be no defense to
such actions. Defenses. Sec. 3. On the trial of any action against such corporation for a viola
tion of the provisions of this act, such corporation shall not be allowed to set up any defense for a failure to pay monthly any employee engaged in transacting or carrying on its business the wages earned by such employee during the preceding month, other than the fact that such wages were not earned, except a valid assignment of such wages, a set-off or counter claim against the same, or the absence of such employee from his usual employment at the time of the payment of the
wages so earned by him. Assignment of
Sec. 4. No assignment of future wages, payable monthly under the future wages.
provisions of this act, shall be made to the corporation from which such wages are or may become due, to any person, on behalf of such corporation, for the purpose of evading the provisions of this act, and
all such assignments are hereby declared to be invalid. Substituted
SEC. 5. No corporation shall require, and no employee of such corpoagreements.
ration shall make, any agreement to accept wages at longer periods than
as provided in this act as a condition of employment. Payment to be SEC. 6. All wages earned by an employee engaged in the service of in money.
any corporation in this State shall be paid in lawful moneys of the United States, or in checks negotiable at face value on demand.
Sec. 7. Any corporation violating any of the provisions of this act Penalty. shall be subject to a fine not exceeding one hundred dollars, or less than tisty dollars, for each violation, the same to be imposed by any court in this State having jurisdiction of offenses in which the penalty does not exceed a fine of one hundred dollars ; said fine to be paid, by the judge or magistrate before whom a recovery may be had under the provisions of this act, into the general fund of the treasury of the county in which said conviction may be had.
This act is constitutional. 96 Fed. Rep. 735.
ACTS OF 1901.
CHAPTER 60.— Time for meals to be allowed employees in lumber mills, etc.
SECTION 1. Every person, corporation, copartnership, or company one hour at operating a sawmill, shake mill, shingle mill, or logging camp, in the poon, to be al.
lowed. State of California, shall allow to his or its employees, workmen, and laborers a period of not less than one hour at noon for the midday meal.
Sec. 2. Any person, corporation, copartnership, or company, his or Penalty. its agents, servants, or managers, violating any of the provisions of this act shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than two hundred dollars nor less than than one hundred dollars for each violation of the provisions of this act.
CHAPTER 185.—Employment of aliens on public works. SECTION 1. No person, except a native-born or naturalized citizen of Aliens not to the C'nited States, shall be employed in any department of the State,
be employed. county, city and county, or incorporated city or town government in this State.
Sec. 2. It shall be unlawful for any person, whether elected, ap- Officers not to pointed or commissioned to fill any office in either the State, county,
employ aliens. city and county, or incorporated city or town government of this state, or in any department thereof, to appoint or employ any person to perform any duties whatsoever, except such person be a native-born or naturalized citizen of the United States.
Sec. 3. No money shall be paid out of the State treasury, or out of Public money the treasury of any county, or city and county, or incorporated city
not to be paid
aliens. or town, to any person employed in any of the offices mentioned in section two of this act, except such person shall be a native-born or naturalized citizen of the United States.
CHAPTER 205.—Employment of children-Hours of labor. SECTION 1. No minor under the age of eighteen shall be employed in Nine hours laboring in any manufacturing, mechanical or mercantile establish- limit for minors
under eighteen. ment, or other place of labor, more than nine hours in one day, except when it is necessary to make repairs to prevent the interruption of the ordinary running of the machinery, or when a different apportionment of the hours of labor is made for the sole purpose of making a shorter day's work for one day of the week; and in no case shall the hours of labor exceed fifty-four hours in a week. Sec. 2. No child under twelve years of age shall be employed in any
Age limit. factory, workshop or mercantile establishment, and every minor under sixteen years of age when so employed shall be recorded by name in a book kept for the purpose, and a certificate (duly verified by his or Certificates of her parent or guardian, or if the minor shall have no parent or guardian, then by such minor, stating age and place of birth of such minor) shall be kept on file by the employer, which book and which certificate shall be produced by him or his agent at the requirement of the commissioner of the bureau of labor statistics.
Sec. 3. Every person or corporation employing minors under six. List of names, teen years of age in any manufacturing establishment, shall post and etc., to be posted. keep posted in a conspicuous place in every room where such help is employed, a printed notice stating the number of hours per day for
each day of the week required for such persons, and in every room where minors under sixteen years of age are employed, a list of their names, with their ages.
Sec. 4. Any person or corporation that knowingly violates or omits to comply with any of the foregoing provisions of this act, or who knowingly employs, or suffers or permits any minor to be employed, in violation thereof, shall, on conviction, be punished by a fine of not less than fifty nor more than two hundred dollars, or by imprisonment of not more than sixty days, or by both such fine and imprisonment, for each and every offenee.
ACTS OF 1903.
CHAPTER 11.- Employment agencies. Definition. SECTION 1. Any person, firm, corporation, or association pursuing
for profit the business of furnishing, directly or indirectly, to persons seeking employment, information enabling, or tending to enable, such persons to secure such employment, or registering for any fee, charge, or commission the names of any person seeking employment as aforesaid, shall be deemed to be an employment agent within the meaning
of this act. A d v ance Sec. 2. It shall be unlawful for an employment agent in the State of charges.
California to receive, directly or indirectly, any money or other valuable consideration from any person seeking employment, for any information or assistance furnished or to be furnished by said agent to such person, enabling or tending to enable said person to secure such employment, prior to the time at which said information or assistance
is actually thus furnished. Fees to be re- Sec. 3. It shall be unlawful for an employment agent in the State of turned, when.
California to retain, directly or indirectly, any money or other valuable consideration received for any registration made or for information or assistance such as is described in section two hereof, if the person for whom such registration is made or to whom such information or assistance is furnished fails, through no neglect or laches of bis own, to secure the employment regarding which registration such information or assistance is furnished; and said money or consideration shall be by said agent forth with returned to the payer of the same, upon demand
therefor by the latter or his agent. Amount of fee. SEC. 4. It shall be unlawful for an employment agent in the State of
California to receive, directly or indirectly for registration made or for information or assistance such as is described in section two hereof, any money or other consideration which is in value in excess of ten per cent of the amount earned, or prospectively to be earned, by the person for whom said registration is made or to whom such information is furnished, through the medium of the employment regarding which such registration, information or assistance is given, during the first month of such employment: Provided, That said value shall not be in excess of ten per cent of the amount actually prospectively to be earned in such employment when it is mutually understood by the agent and person in this section mentioned, at the time when said information or assistance is furnished, that said employ
ment is to be for a period of less than one month. List of agen- SEC. 5. The tax collector or license collector of each respective city, cies.
county or city and county of the State of California shall furnish quarterly, to the commissioner of the bureau of labor statistics of the State of California the name and address of each employment agent doing business in said city, county or city and county: Provided, That where the license is not a county license, but is collected by a municipal government, then the municipal collector of said tax shall furnish the
names and addresses. Records. Sec. 6. Each employment agent in the State of California shall keep
a written record, which shall show the name of each person making application to said agent for registration, information or assistance, such as is described in section two hereof; the name of each such person to whom such registration or information is furnished; and the amount received in each such case therefor; the name of each person who, having received and paid for, as herein contemplated, registra
tion, information or assistance such as is described in section two hereof, fails to secure the employment regarding which such registration, information or assistance is furnished, together with the reason why said employment was not by said person secured, and the name of each person to whom return is made, in accordance with the provisions of section three hereof, of any money or other consideration such as is in said section named, together with the amount of said money, or the value of said consideration, thus returned.
Sec. 7. Each employment agent in the State of California shall per- Inspection. mit the commissioner of the bureau of labor statistics of said State, by himself, or by his deputies or agents, to have at all times access to, and to inspect, the record in section six hereof named, and upon demand in writing therefor by said commissioner, shall furnish to such commissioner a true copy of said record, or of such portion thereof as said demand in writing shall require a copy of to be thus furnished.
SEC. 8. Any employment agent or other person violating, or omit- Penalty. ting to comply with, any of the provisions of this aet, shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by fine not exceeding five hundred (500) dollars, or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment in the discretion of the court.
CHAPTER 107.-Hours of labor on public works. SECTION 1. The time of service of any laborer, workman, or mechanic Eight hours a
day's work. employed upon any of the public works of the State of California, or of any political subdivision thereof, or upon work done for said State, or any political subdivision thereof, is hereby limited and restricted to eight hours during any one calendar day; and it shall be unlawful for any officer or agent of said State, or of any political subdivision thereof, or for any contractor or subcontractor doing work under contract upon any public works aforesaid, who employs, or who directs or controls, the work of any laborer, workman, or mechanic, employed as herein aforesaid, to require or permit such laborer, workman, or mechanic, to labor more than eight hours during any one calendar day, except in cases of extraordinary emergency, caused by fire, flood, or danger to life or property, or except to work upon public military or naval defenses or works in time of war.
SEC. 2. Any officer or agent of the State of California, or of any Contracts. political subdivision thereof, making or awarding, as such officer or agent, any contract, the execution of which involves or may involve the employment of any laborer, workman, or mechanic upon any of the public works, or upon any work, herein before mentioned, shall cause to be inserted therein a stipulation which shall provide that the contractor to whom said contract is awarded shall forfeit, as a penalty, to the State or political subdivision in whose behalf the contract is made and awarded, ten (10) dollars for each laborer, workman, or mechanic employed, in the execution of said contract, by him, or by any subcontractor under him, upon any of the public works, or upon any work, hereinbefore mentioned, for each calendar day during which such laborer, workman, or mechanic is required or permitted to labor more than eight hours in violation of the provisions of this act; and it shall be the duty of such officer or agent to take cognizance of all violations of the provisions of said act committed in the course of the execution of said contract, and to report the same to the representative of the State or political subdivision, party to the contract, authorized to pay to said contractor moneys becoming due to him under the said contract, and said representative, when making payments of moneys thus due, shall withhold and retain therefrom all sums and amounts which shall have been forfeited pursuant to the herein said stipulation.
Sec. 3. Any officer, agent, or representative of the State of Califor- Penalty. nia, or of any political subdivision thereof, who shall violate any of the provisions of this act, shall be deemed guilty of misdemeanor, and shall upon conviction be punished by fine not exceeding five hundred (500) dollars, or by imprisonment, not exceeding six (6) months, or by both such fine and imprisonment, in the discretion of the court.
CHAPTER 229.- Employment of labor-- False representations. False
SECTION 1. It shall be unlawful for any person, partnership, comments.
pany, corporation, association, or organization of any kind, doing business in this state directly or through any agent or attorney, to induce, influence, persuade, or engage any person to change from one place to another in this State or to change from any place in any State, territory, or country to any place in this State, to work in any branch of labor, through or by means of knowingly false representations, whether spoken, written, or advertised in printed form, concerning the kind or character of such work, the compensation therefor, the
sanitary conditions relating to or surrounding it, or the existence or Strikes, etc. nonexistence of any strike, lockout, or other labor dispute affecting it
and pending between the proposed employer or employers and the persons then or last theretofore engaged in the performance of the
sabor for which the employee is sought. Penalty. SEC. 2. Any violation of section one or section two hereof shall be
deemed a misdemeanor, and shall be punished by a fine of not exceeding two thousand dollars or by imprisonment for not more than one year, or by both such fine and imprisonment.
CHAPTER 235.- Labor combinations not unlawful.
SECTION 1. No agreement, combination, or contract by or between ments not con- two or more persons to do or procure to be done, or not to do or pro.
cure not to be done, any act in contemplation or furtherance of any trade dispute between employers and employees in the State of California shall be deemed criminal, nor shall those engaged therein be indictable or otherwise punishable for the crime of conspiracy, if such act committed by one person would not be punishable as a crime, nor shall such agreement, combination, or contract be considered as in restraint of trade or commerce, nor shall any restraining order or injunction be issued with relation thereto. Nothing in this act shall exempt from punishment, otherwise than as herein excepted, any persons guilty of conspiracy, for which punishment is now provided by any act of the legislature, but such act of the legislature shall, as to the agreements, combinations, and contracts hereinbefore referred to, be construed as if this act were therein contained: Provided, That nothing in this act shall be construed to authorize force or violence, or threats thereof.
ARTICLE 5.—Hours of labor in mines, smelters, etc.
Eight hours a SECTION 25a (adopted Nov. 3, 1902). The general assembly shall day's work.
provide by law, and shall prescribe suitable penalties for the violation thereof, for a period of employment not to exceed eight (8) hours within any twenty-four (21) hours (except in cases of emergency where life or property is in imminent danger), for persons employed in underground mines or other underground workings, blast furnaces, smelters; and any ore reduction works or other branch of industry or labor that the general assembly may consider injurious or dangerous to health, life or limb.
ARTICLE 15.-Contracts of employees waiving right to damages.
Section 15. It shall be unlawful for any person, company or corpoing right to dam- ration to require of its servants or employees, as a condition of their
employment or otherwise, any contract or agreement whereby such person, company or corporation shall be released or discharged from fiability or responsibility on account of personal injuries received by such servants or employees while in the service of such person, company or corporation by reason of the negligence of such person, company or corporation, or the agents or employees thereof, and such contracts shall be absolutely null and void.