1.  This act shall be known as the Labor Code.



2.  The provisions of this code, in so far as they are substantially
the same as existing provisions relating to the same subject matter,
shall be construed as restatements and continuations thereof and not
as new enactments.


3.  All persons who, at the time this code goes into effect, hold
office under any of the acts repealed by this code, which offices are
continued by this code, continue to hold the same according to the
former tenure thereof.


4.  No action or proceeding commenced before this code takes effect,
and no right accrued, is affected by the provisions of this code,
but all procedure thereafter taken therein shall conform to the
provisions of this code so far as possible.




5.  Unless the context otherwise requires, the general provisions
hereinafter set forth shall govern the construction of this code.



6.  Division, part, chapter, article, and section headings contained
herein shall not be deemed to govern, limit, modify or in any manner
affect the scope, meaning, or intent of the provisions of any
division, part, chapter, article, or section hereof.




7.  Whenever, by the provisions of this code, an administrative
power is granted to a public officer or a duty imposed upon such an
officer, the power may be exercised or the duty performed by a deputy
of the officer or by a person authorized pursuant to law.




8.  Writing includes any form of recorded message capable of
comprehension by ordinary visual means.  Whenever any notice, report,
statement or record is required by this code, it shall be made in
writing.
   Wherever any notice or other communication is required by this
code to be mailed by registered mail by or to any person or
corporation, the mailing of such notice or other communication by
certified mail shall be deemed to be a sufficient compliance with the
requirements of law.



9.  Whenever any reference is made to any portion of this code or of
any other law of this State, such reference shall apply to all
amendments and additions thereto now or hereafter made.



10.  "Section" means a section of this code unless some other
statute is specifically mentioned.



11.  The present tense includes the past and future tenses; and the
future, the present.



12.  The masculine gender includes the feminine and neuter.



12.1.  The Legislature hereby declares its intent that the terms
"man" or "men" where appropriate shall be deemed "person" or "persons"
and any references to the terms "man" or "men" in sections of this
code be changed to "person" or "persons" when such code sections are
being amended for any purpose.  This section is declaratory and not
amendatory of existing law.



13.  The singular number includes the plural, and the plural the
singular.


14.  "County" includes "city and county."



15.  "Shall" is mandatory and "may" is permissive.



16.  "Oath" includes affirmation.



17.  "Signature" or "subscription" includes mark when the signer or
subscriber can not write, such signer's or subscriber's name being
written near the mark by a witness who writes his own name near the
signer's or subscriber's name; but a signature or subscription by
mark can be acknowledged or can serve as a signature or subscription
to a sworn statement only when two witnesses so sign their own names
thereto.



18.  "Person" means any person, association, organization,
partnership, business trust, limited liability company, or
corporation.


18.5.  "Agency" means the Labor and Workforce Development Agency.



19.  "Department" means Department of Industrial Relations.



19.5.  "Secretary" means the Secretary of Labor and Workforce
Development.


20.  "Director" means Director of Industrial Relations.



21.  "Labor Commissioner" means Chief of the Division of Labor
Standards Enforcement.



22.  "Violation" includes a failure to comply with any requirement
of the code.



23.  Except in cases where a different punishment is prescribed,
every offense declared by this code to be a misdemeanor is punishable
by imprisonment in a county jail, not exceeding six months, or by a
fine not exceeding one thousand dollars ($1,000), or both.



24.  If any provision of this code, or the application thereof to
any person or circumstances, is held invalid the remainder of the
code, and the application of its provisions to other persons or
circumstances, shall not be affected thereby.




25.  "Sheriff" includes "marshal."



26.  Notwithstanding any other provision of this code, no person who
has not previously obtained a license regulated by this code shall
be denied a license solely on the basis that he has been convicted of
a crime if he has obtained a certificate of rehabilitation under
Section 4852.01 and following of the Penal Code, and if his probation
has been terminated and the information or accusation has been
dismissed pursuant to Section 1203.4 of the Penal Code.



27.  Whenever the term "workers' compensation judge" or "workers'
compensation referee" is used in this code in connection with the
workers' compensation law, the term shall mean "workers' compensation
administrative law judge."


28.  For injuries occurring on and after January 1, 1991, whenever
the term "independent medical examiner" is used in this code, the
term shall mean "qualified medical evaluator."



29.  "Medical director" means the physician appointed by the
Industrial Medical Council pursuant to Section 122.



29.5.  The Governor shall annually issue a proclamation declaring
April 28 as Workers' Memorial Day in remembrance of the courage and
integrity of American workers, and recommending that the day be
observed in an appropriate manner.

If You Need to Retain and Pay a California Attorney Regarding This Issue:

Brian Kindsvater, Esq.
Law Office of Brian Kindsvater
2377 Gold Meadow Way, #1031
Gold River, CA 95670
email
916.761.6863 - Direct Line
877.600.8500 - Toll Free
916.313.3443 - Facsimile


Mr. Kindsvater has assisted numerous individuals and businesses throughout California and the United States regarding California employment, business, and other legal issues.