1, 2014.)
432.8. The limitations on employers and the penalties provided for in Section 432.7 shall apply to a conviction for violation of subdivision (b) or (c) of Section 11357 of the Health and Safety Code or a statutory predecessor thereof, or subdivision (c) of Section 11360 of the Health and Safety Code, or Section 11364, 11365, or 11550 of the Health and Safety Code as they related to marijuana prior to January 1, 1976, or a statutory predecessor thereof, two years from the date of such a conviction.
(Added by Stats. 1976, Ch. 952.)
432.9. (a) A state or local agency shall not ask an applicant for employment to disclose, orally or in writing, information concerning the conviction history of the applicant, including any inquiry about conviction history on any employment application, until the agency has determined the applicant meets the minimum employment qualifications, as stated in any notice issued for the position.
(b) This section shall not apply to a position for which a state or local agency is otherwise required by law to conduct a conviction history background check, to any position within a criminal justice agency, as that term is defined in Section 13101 of the Penal Code, or to any individual working on a temporary or permanent basis for a criminal justice agency on a contract basis or on loan from another governmental entity.
(c) This section shall not be construed to prevent a state or local agency from conducting a conviction history background check after complying with all of the provisions of subdivision (a).
(d) As used in this section, “state agency” means any state office, officer, department, division, bureau, board, commission, or agency.
(e) As used in this section, “local agency” means any county, city, city and county, including a charter city or county, or any special district.
(f) Section 433 does not apply to this section.
(g) This section shall become operative on July 1, 2014.
(Added by Stats. 2013, Ch. 699, Sec. 2. Effective January 1, 2014. Section operative July 1, 2014, by its own provisions.)
433. Any person violating this article is guilty of a misdemeanor.
(Enacted by Stats. 1937, Ch. 90.)
434. The provisions of this article shall not apply to applications for employment filed with common carriers by railroad subject to the act of Congress known as the Railway Labor Act.
(Enacted by Stats. 1937, Ch. 90.)
435. (a) No employer may cause an audio or video recording to be made of an employee in a restroom, locker room, or room designated by an employer for changing clothes, unless authorized by court order.
(b) No recording made in violation of this section may be used by an employer for any purpose. This section applies to a private or public employer, except the federal government.
(c) A violation of this section constitutes an infraction.
(Added by Stats. 1998, Ch. 515, Sec. 1. Effective January 1, 1999.)
ARTICLE 4. Purchases [450–452]
(Article 4 enacted by Stats. 1937, Ch. 90.)
450. (a) No employer, or agent or officer thereof, or other person, may compel or coerce any employee, or applicant for employment, to patronize his or her employer, or any other person, in the purchase of any thing of value.
(b) For purposes of this section, to compel or coerce the purchase of any thing of value includes, but is not limited to, instances where an employer requires the payment of a fee or consideration of any type from an applicant for employment for any of the following purposes:
(1) For an individual to apply for employment orally or in writing.
(2) For an individual to receive, obtain, complete, or submit an application for employment.
(3) For an employer to provide, accept, or process an application for employment.
(Amended by Stats. 1998, Ch. 442, Sec. 1. Effective January 1, 1999.)
451. Any person, or agent or officer thereof, who violates this article is guilty of a misdemeanor.
(Enacted by Stats. 1937, Ch. 90.)
452. Nothing in this article shall prohibit an employer from prescribing the weight, color, quality, texture, style, form and make of uniforms required to be worn by his employees.
(Enacted by Stats. 1937, Ch. 90.)
PART 2. WORKING HOURS [500–856]
(Part 2 enacted by Stats. 1937, Ch. 90.)
CHAPTER 1. General [500–558.1]
(Chapter 1 enacted by Stats. 1937, Ch. 90.)
500. For purposes of this chapter, the following terms shall have the following meanings:
(a) “Workday” and “day” mean any consecutive 24-hour period commencing at the same time each calendar day.
(b) “Workweek” and “week” mean any seven consecutive days, starting with the same calendar day each week. “Workweek” is a fixed and regularly recurring period of 168 hours, seven consecutive 24-hour periods.
(c) “Alternative workweek schedule” means any regularly scheduled workweek requiring an employee to work more than eight hours in a 24-hour period.
(Added by Stats. 1999, Ch. 134, Sec. 3. Effective January 1, 2000.)
510. (a) Eight hours of labor constitutes a day’s work. Any work in excess of eight hours in one workday and any work in excess of 40 hours in any one workweek and the first eight hours worked on the seventh day of work in any one workweek shall be compensated at the rate of no less than one and one-half times the regular rate of pay for an employee. Any work in excess of 12 hours in one day shall be compensated at the rate of no less than twice the regular rate of pay for an employee. In addition, any work in excess of eight hours on any seventh day of a workweek shall be compensated at the rate of no less than twice the regular rate of pay of an employee. Nothing in this section requires an employer to combine more than one rate of overtime compensation in order to calculate the amount to be paid to an employee for any hour of overtime work. The requirements of this section do not apply to the payment of overtime compensation to an employee working pursuant to any of the following:
(1) An alternative workweek schedule adopted pursuant to Section 511.
(2) An alternative workweek schedule adopted pursuant to a collective bargaining agreement pursuant to Section 514.
(3) An alternative workweek schedule to which this chapter is inapplicable pursuant to Section 554.
(b) Time spent commuting to and from the first place at which an employee’s presence is required by the employer shall not be considered to be a part of a day’s work, when the employee commutes in a vehicle that is owned, leased, or subsidized by the employer and is used for the purpose of ridesharing, as defined
