1171.  The provisions of this chapter shall apply to and include
men, women and minors employed in any occupation, trade, or industry,
whether compensation is measured by time, piece, or otherwise, but
shall not include any individual employed as an outside salesman or
any individual participating in a national service program carried
out using assistance provided under Section 12571 of Title 42 of the
United States Code.
   Any individual participating in a national service program
pursuant to Section 12571 of Title 42 of the United States Code shall
be informed by the nonprofit, educational institution or other
entity using his or her service, prior to the commencement of service
of the requirement, if any, to work hours in excess of eight hours
per day, or 40 hours per week, or both, and shall have the
opportunity to opt out of that national service program at that time.
  Individuals participating in a national service program pursuant to
Section 12571 of Title 42 of the United States Code shall not be
discriminated against or be denied continued participation in the
program for refusing to work overtime for a legitimate reason.



1171.5.  The Legislature finds and declares the following:
   (a) All protections, rights, and remedies available under state
law, except any reinstatement remedy prohibited by federal law, are
available to all individuals regardless of immigration status who
have applied for employment, or who are or who have been employed, in
this state.
   (b) For purposes of enforcing state labor and employment laws, a
person's immigration status is irrelevant to the issue of liability,
and in proceedings or discovery undertaken to enforce those state
laws no inquiry shall be permitted into a person's immigration status
except where the person seeking to make this inquiry has shown by
clear and convincing evidence that the inquiry is necessary in order
to comply with federal immigration law.
   (c) The provisions of this section are declaratory of existing
law.
   (d) The provisions of this section are severable.  If any
provision of this section or its application is held invalid, that
invalidity shall not affect other provisions or applications that can
be given effect without the invalid provision or application.




1173.  It is the continuing duty of the Industrial Welfare
Commission, hereinafter referred to in this chapter as the
commission, to ascertain the wages paid to all employees in this
state, to ascertain the hours and conditions of labor and employment
in the various occupations, trades, and industries in which employees
are employed in this state, and to investigate the health, safety,
and welfare of those employees.
   The commission shall conduct a full review of the adequacy of the
minimum wage at least once every two years.  The commission may, upon
its own motion or upon petition, amend or rescind any order or
portion of any order or adopt an order covering any occupation,
trade, or industry not covered by an existing order pursuant to this
chapter.
   Before adopting any new rules, regulations, or policies, the
commission shall consult with the Occupational Safety and Health
Standards Board to determine those areas and subject matters where
the respective jurisdictions of the commission and the Occupational
Safety and Health Standards Board overlap.  This consultation need
not take the form of a joint meeting.  In the case of such
overlapping jurisdiction, the Occupational Safety and Health
Standards Board shall have exclusive jurisdiction, and rules,
regulations, or policies of the commission on the same subject have
no force or effect.



1174.  Every person employing labor in this state shall:
   (a) Furnish to the commission, at its request, reports or
information that the commission requires to carry out this chapter.
The reports and information shall be verified if required by the
commission or any member thereof.
   (b) Allow any member of the commission or the employees of the
Division of Labor Standards Enforcement free access to the place of
business or employment of the person to secure any information or
make any investigation that they are authorized by this chapter to
ascertain or make.  The commission may inspect or make excerpts,
relating to the employment of employees, from the books, reports,
contracts, payrolls, documents, or papers of the person.
   (c) Keep a record showing the names and addresses of all employees
employed and the ages of all minors.
   (d) Keep, at a central location in the state or at the plants or
establishments at which employees are employed, payroll records
showing the hours worked daily by and the wages paid to, and the
number of piece-rate units earned by and any applicable piece rate
paid to, employees employed at the respective plants or
establishments.  These records shall be kept in accordance with rules
established for this purpose by the commission, but in any case
shall be kept on file for not less than two years.




1174.5.  Any person employing labor who willfully fails to maintain
the records required by subdivision (c) of Section 1174 or accurate
and complete records required by subdivision (d) of Section 1174, or
to allow any member of the commission or employees of the division to
inspect records pursuant to subdivision (b) of Section 1174, shall
be subject to a civil penalty of five hundred dollars ($500).




1175.  Any person, or officer or agent thereof, is guilty of a
misdemeanor who:
   (a) Neglects or refuses to furnish the information requested under
the provisions of Section 1174.
   (b) Refuses access to his place of business or employment to any
member of the commission or employee of the Division of Labor
Standards Enforcement when administering or enforcing this chapter.
   (c) Hinders such member, or employee in securing information
authorized by Section 1174.
   (d) Fails to keep any of the records required by Section 1174.



1176.  The commission or any members thereof may subpena witnesses
and administer oaths.  All witnesses subpenaed by the commission
shall be paid the fees and mileage fixed by law in civil cases.  In
case of the failure of a person to comply with an order or subpena of
the commission or any member thereof, or in the case of the refusal
of a witness to testify to any matter regarding which he may lawfully
be interrogated before any wage board or the commission, it shall be
the duty of the superior court or judge thereof, on the application
of a member of the commission, to compel obedience in a manner by
which such obedience could be compelled in a proceeding pending
before the court.


1176.1.  Any interested party may petition the commission requesting
the adoption, amendment, or repeal of a regulation.  The petition
shall state clearly and concisely all of the following:
   (a) The substance or nature of the regulation, amendment, or
repeal that is requested.
   (b) The reason for the request.
   (c) Reference to the commission's authority to take the action
that is requested.



1176.3.  (a) Within 120 days of the receipt of a petition requesting
the adoption, amendment, or repeal of a regulation, the commission
shall notify the petitioner in writing of the  receipt of the
petition, set the matter for consideration at a public meeting, and
issue a written decision taking one of the following actions:
   (1) Setting the matter for public hearing pursuant to Section 1178
or 1178.5.
   (2) Denying the petition.  A decision denying a petition shall
include a statement explaining the reasons for the denial.
   (b) The petitioner may request reconsideration of any part or all
of a decision denying a petition pursuant to paragraph (2) of
subdivision (a) of Section 1176.3.  The commission's reconsideration
of any matter relating to a petition shall be subject to subdivision
(a), except that a decision to deny reconsideration shall be final.
   (c) In cases where a petition is referred to a wage board, the
commission shall complete its final actions on the petition within 90
days after completion of the public hearing process pursuant to
subdivision (c) of Section 1178.5.


1177.  (a) The commission may make and enforce rules of practice and
procedure and shall not be bound by the rules of evidence.  Each
order of the commission shall be concurred in by a majority of the
commissioners.
   (b) The commission shall prepare a statement as to the basis upon
which an adopted or amended order is predicated.  The statement shall
be concurred in by a majority of the commissioners.  The commission
shall publish a copy of the statement with the order in the
California Regulatory Notice Register.  The commission also shall
provide a copy of the statement to any interested party upon request.



1178.  If after investigation the commission finds that in any
occupation, trade, or industry, the wages paid to employees may be
inadequate to supply the cost of proper living, or that the hours or
conditions of labor may be prejudicial to the health, morals, or
welfare of employees, the commission shall select a wage board to
consider any of such matters  and transmit to such wage board the
information supporting its findings gathered in the investigation.
Such investigation shall include at least one public hearing.



1178.5.  (a) If the commission finds that wages paid to employees
may be inadequate to supply the cost of proper living, it shall
select one wage board composed of an equal number of representatives
of employers and employees, and a nonvoting representative of the
commission, designated by the commission, who shall act as
chairperson.  The wage board shall consider the findings of the
commission and such other information it deems appropriate and report
to the commission its recommendation of a minimum wage adequate to
supply the necessary cost of proper living to, and maintain the
health and welfare of employees in this state,  and its
recommendations on such other matters related to the minimum wa