or for more than 12 days in any two consecutive weeks, except that any registered pharmacist may be so employed and may perform such work for the full period of time permitted by this section.
(Amended by Stats. 1955, Ch. 435.)
851. No person employing another person to sell at retail drugs and medicines or to compound physicians’ prescriptions shall require or permit such employee to perform any work in any store, dispensary, pharmacy, laboratory, or office for more than an average of nine hours per day, or for more than 108 hours in any two consecutive weeks or for more than 12 days in any two consecutive weeks, except that any registered pharmacist may be so employed and may perform such work for the full period of time permitted by this section.
(Amended by Stats. 1955, Ch. 436.)
851.5. Except on Sundays and holidays, and except for a period of time for meals, not to exceed one hour in length, the hours of work permitted per day by this chapter shall be consecutive. This section does not apply to hospitals employing only one person to compound physicians’ prescriptions.
(Added by Stats. 1939, Ch. 567.)
852. The employer shall apportion the periods of rest to be taken by an employee so that the employee will have one complete day of rest during each week.
(Amended by Stats. 1939, Ch. 567.)
853. Any person who violates any provision of this chapter is guilty of a misdemeanor punishable by a fine of not less than forty dollars ($40) nor more than one hundred dollars ($100) or by imprisonment for not exceeding 60 days, or both.
(Amended by Stats. 1983, Ch. 1092, Sec. 196. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
854. The provisions of this chapter shall not apply in any case of emergency. The word “emergency” shall be construed as being accident, death, sickness or epidemic.
(Enacted by Stats. 1937, Ch. 90.)
855. The provisions of this chapter are enacted as a measure for the protection of the public health.
(Enacted by Stats. 1937, Ch. 90.)
856. The Labor Commissioner shall enforce this chapter.
(Enacted by Stats. 1937, Ch. 90.)
PART 3. PRIVILEGES AND IMMUNITIES [920–1138.5]
(Part 3 enacted by Stats. 1937, Ch. 90.)
CHAPTER 1. Contracts Against Public Policy [920–923]
(Chapter 1 enacted by Stats. 1937, Ch. 90.)
920. As used in this chapter, unless the context otherwise indicates, “promise” includes promise, undertaking, contract, or agreement, whether written or oral, express or implied.
(Enacted by Stats. 1937, Ch. 90.)
921. Every promise made after August 21, 1933, between any employee or prospective employee and his employer, prospective employer or any other person is contrary to public policy if either party thereto promises any of the following:
(a) To join or to remain a member of a labor organization or to join or remain a member of an employer organization,
(b) Not to join or not to remain a member of a labor organization or of an employer organization,
(c) To withdraw from an employment relation in the event that he joins or remains a member of a labor organization or of an employer organization.
Such promise shall not afford any basis for the granting of legal or equitable relief by any court against a party to such promise, or against any other persons who advise, urge, or induce, without fraud or violence or threat thereof, either party thereto to act in disregard of such promise.
(Enacted by Stats. 1937, Ch. 90.)
922. Any person or agent or officer thereof who coerces or compels any person to enter into an agreement, written or verbal, not to join or become a member of any labor organization, as a condition of securing employment or continuing in the employment of any such person is guilty of a misdemeanor.
(Enacted by Stats. 1937, Ch. 90.)
923. In the interpretation and application of this chapter, the public policy of this State is declared as follows:
Negotiation of terms and conditions of labor should result from voluntary agreement between employer and employees. Governmental authority has permitted and encouraged employers to organize in the corporate and other forms of capital control. In dealing with such employers, the individual unorganized worker is helpless to exercise actual liberty of contract and to protect his freedom of labor, and thereby to obtain acceptable terms and conditions of employment. Therefore it is necessary that the individual workman have full freedom of association, self-organization, and designation of representatives of his own choosing, to negotiate the terms and conditions of his employment, and that he shall be free from the interference, restraint, or coercion of employers of labor, or their agents, in the designation of such representatives or in self-organization or in other concerted activities for the purpose of collective bargaining or other mutual aid or protection.
(Enacted by Stats. 1937, Ch. 90.)
CHAPTER 2. Solicitation of Employees by Misrepresentation [970–977]
(Chapter 2 enacted by Stats. 1937, Ch. 90.)
970. No person, or agent or officer thereof, directly or indirectly, shall influence, persuade, or engage any person to change from one place to another in this State or from any place outside to any place within the State, or from any place within the State to any place outside, for the purpose of working in any branch of labor, through or by means of knowingly false representations, whether spoken, written, or advertised in printed form, concerning either:
(a) The kind, character, or existence of such work;
(b) The length of time such work will last, or the compensation therefor;
(c) The sanitary or housing conditions relating to or surrounding the work;
(d) The existence or nonexistence of any strike, lockout, or other labor dispute affecting it and pending between the proposed employer and the persons then or last engaged in the performance of the labor for which the employee is sought.
(Enacted by Stats. 1937, Ch. 90.)
971. Any person, or agent or officer thereof, who violates Section 970 is guilty of a misdemeanor punishable by a fine of not less than fifty dollars ($50) nor more than one thousand dollars ($1,000) or imprisonment for not more than six months or both.
(Amended by Stats. 1983, Ch. 1092, Sec. 197. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
972. In addition to such criminal penalty, any person, or agent or officer thereof who violates any provision of Section 970 is liable to the party aggrieved, in a civil action, for double damages resulting from such misrepresentations. Such civil action
