for women or minors in California and the standard conditions of labor for said women or minors. Such order shall be published in at least one newspaper in each of the cities of Los Angeles, Sacramento, Oakland, San Jose, Fresno and in the city and county of San Francisco, and a copy thereof be mailed to the county clerk of each county in the state, and such copies shall be filed without charge. The commission shall send by mail, so far as practicable, to each employer in the occupation in question, a copy of the order, and each employer shall be required to post a copy of such order in the building in which women or minors affected by the order are employed; and it shall be the duty of the commission to send a copy of such order to each employer registering his name with the commission and requesting such order to be mailed, but failure to mail such order or notice thereof to any employer affected thereby shall not relieve such employer from the duty to comply with such order, and finding by the commission that there has been the publication and mailing to county clerks as herein provided shall be conclusive as to service. [Amendment approved May 24, 1921; Stats 1921, p. 378.]

This section was also amended in 1919 (Stats. 1919, p. 302).

§7. Order may be rescinded or amended. Whenever wages, or hours, or conditions of labor have been so made mandatory in any occupation, trade, or industry, the commission may at any time in its discretion, upon its own motion or upon petition of either employers or employees, after a public hearing held upon the notice prescribed for an original hearing, rescind, alter or amend any prior order. Any order rescinding a prior order shall have the same effect as herein provided for in an original order.

§ 8. License for employment for less than minimum wage. (a) For any occupation in which a minimum wage has been established, the commission may issue to a woman physicially defective by age or otherwise, a special license authorizing the employment of such licensee, for a period of six months, for a wage less than such legal minimum wage; and the commission shall fix a special minimum wage for such person. Any such license may be renewed for like periods of six months.

(b) For any occupation in which a minimum wage has been established, the commission may issue to an apprentice or learner, a special license authorizing the employment of such apprentice or learner, for such time and under such conditions as the commission may determine at a wage less than such legal minimum wage; and the commission shall fix a special wage for such apprentice or learner.

(c) The commission may fix the maximum number of women, and minors under eighteen years of age, to be employed under the licenses provided for in subdivisions (a) and (b) of this section in any occupation, trade, industry or establishment in which a minimum wage has been established. [Amendment approved May 29, 1915. Stats. 1915, p. 950.]

§ 9. Statistics. Upon the request of the commission the labor commissioner shall cause such statistics and other data and information to be gathered, and investigations made, as the commission may require. The cost thereof shall be paid out of the appropriations made for the expenses of the commission.

$10. Discharging employee who testifies, misdemeanor. Any em ployer who discharges, or threatens to discharge, or in any other manner discriminates against any employee because such employee has testified or is about to testify, or because such employer believes that said employee may testify in any investigation or proceedings relative to the enforcement of this act, shall be deemed guilty of a misdemeanor.

§ 11. Payment of less than minimum wage unlawful. Penalty. The minimum wage for women and minors fixed by said commission as in this act provided, shall be the minimum wage to be paid to such employees, and the payment to such employees of a less wage than the minimum so fixed shall be unlawful, and every employer or other person who, either individually or as an officer, agent, or employee of a corporation or other person, pays or causes to be paid to any such employee a wage less than such minimum, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than fifty dollars, or by imprisonment for not less than thirty days, or by both such fine and imprisonment; and every employer or other person who, either individually or as an officer, agent or employee of a corporation, or other persons, violates or refuses or neglects to comply with the provisions of this act, or any orders or rulings of this commission, shall be guilty of a misdemeanor, and upon conviction thereof be punished by a fine of not less than fifty dollars, or by imprisonment for not less than thirty days, or by both such fine and imprisonment. [Amendment approved May 29, 1915. Stats. 1915, p. 950.]

§11a. [No section of this number.]

§ 11b. Enforcement. It shall be the duty of the industrial welfare commission to enforce the provisions of this act and compliance with its orders, rules and regulations. Full power and authority is hereby vested in the commission to take such action as may be deemed essential for such purposes. [New section added May 5, 1919; Stats. 1919, p. 302.]

§ 12. Prosecutions. Evidence. (a) In every prosecution for violation of any provision of this act, the minimum wage, the maximum hours of work and the standard conditions of labor fixed by the commission as herein provided, shall be prima facie presumed to be reasonable and lawful and to be the living wage, the maximum hours of work and standard conditions of labor required herein.

(b) Findings of fact conclusive. Rehearing. Review of final determination. The findings of fact made by the commission acting within its powers shall, in the absence of fraud, be conclusive; provided, that any person aggrieved directly or indirectly by any final rule or regulation of the commission made or entered under any provision contained in this act may apply to the commission for a rehearing in respect to any matters determined or covered therein or thereby and specified in the application for rehearing within twenty days after the publication thereof as herein provided. Such application for rehearing shall be verified and shall state fully the grounds upon which the application for rehearing is based. The commission upon considering any such application or applications for rehearing, may either grant the same by order and notice thereof given by mail to the party or parties applying for such rehearing, fix a

time for such rehearing and reconsider its order, rule or regulation, or it may redetermine the matter upon the record before it and give such notice of its redetermination in the same manner as is herein provided for service of an original order, rule or regulation; or the commission may deny such rehearing upon the record before it, giving notice of such decision by mail to the applicant or applicants therefor. Such rehearing shall be deemed to be denied unless acted upon by the commission within thirty days after being filed. No rehearing shall be granted except on the grounds that the final order, rule or regulation was obtained as follows, that is to say

That the commission acted without or in excess of its powers.
That the order, rule or regulation was procured by fraud.

Review of final determination. Action in superior court. The final determination made by the commission shall be subject to review only after application for rehearing as herein provided and the final disposition thereof by the commission, and then only in the manner and upon the grounds following:

Within twenty (20) days from the date of the service of any final order, rule or regulation, any party aggrieved thereby may commence in the superior court in and for the city and county of San Francisco or of Los Angeles or of Sacramento, or of Santa Clara, or of Alameda, or of Fresno, an action against the commission for review of its determination. In such action a complaint, which shall state the grounds upon which a review is sought, shall be served with the summons. Servico upon the secretary of the commission, or any member of the commission, shall be deemed a complete service. The commission shall serve its answer within twenty (20) days after the service of the complaint, and with its answer shall make a return to the court of all documents and papers on file in the matter, and of all testimony and evidence which may have been taken before it or by it, and of its findings and decision. The action may thereupon be brought on for hearing before the court upon such record by either party on ten (10) days' notice to the other. Upon such hearing, the court may confirm or set aside the decision of the commission, but the same shall be set aside only upon the following grounds, that is to say

1. That the commission acted without or in excess of its powers, 2. That the determination was procured by fraud.

Upon the setting aside of any decision of the commission, the court may recommit the controversy and remand the record in the case to the commission for further proceedings. The commission, or any party aggrieved, by a decree entered upon the review herein provided for, may appeal therefrom within the time and in the manner provided for an appeal from the final orders of the said superior courts.

(c) Effect of application for rehearing. The filing of an application for a rehearing shall have the effect of suspending the order, rule or regulation affected only with respect to the party or parties applying there for and for a period of not to exceed ten (10) days unless otherwise ordered by the commission, which shall have the power to grant a further stay upon such terms and conditions as it may direct. [Amendment approved May 12, 1921; Stats. 1921, P. 380.]

This section was also amended in 1915. Stats. 1915, p. 951.

§ 13. Employee may sue for unpaid balance. Any employee receiving less than the legal minimum wage applicable to such employee shall be entitled to recover in a civil action the unpaid balance of the full amount of such minimum wage, together with costs of suit, notwithstanding any agreement to work for such lesser wage. § 14. Complaints. Any person may register with the commission a complaint that the wages paid to an employee for whom a living rate has been established, are less than that rate, and the commission shall investigate the matter and take all proceedings necessary to enforce the payment of a wage not less than the living wage.

§ 15. Biennial report. The commission shall biennally make a report to the governor and the state legislature of its investigations and proceedings.

§ 16. Appropriation. [Repealed June 2, 1923. Stats. 1923, p. 618.] § 17. Not a board of arbitration. The commission shall not act as a board of arbitration during a strike or lock-out.

§ 18. Interpretation of act. Constitutionality. (a) Whenever this act, or any part or section thereof, is interpreted by a court, it shall be liberally construed by such court.

(b) If any section, subsection, or subdivision of this act is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this act. The legislature hereby declares that it would have passed this act, and each section, subsection, subdivision, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses or phrases is declared unconstitutional.

§ 19. Act applies to all occupations. The provisions of this act shall apply to and include women and minors employed in any occupation, trade or industry, and whose compensation for labor is measured by time, piece or otherwise.

Industrial Welfare Commission is part of Department of Labor and Industrial Relations: Pol. Code, § 364.

Powers and duties of Industrial Welfare Commission transferred to Department of Labor and Industrial Relations: See Pol. Code, § 364.

TITLE 271.
INFANTS.

ACT 3623.

An act to prevent any minor under the age of eighteen years visiting any prizefight, cockfight, or place where any prizefight or cockfight is advertised or represented to take place and to provide a punishment therefor.

[Approved April 17, 1909. Stats. 1909, p. 983.]

§ 1. Minors under sixteen shall not visit prizefights or cockfights. Minors under eighteen not to be admitted.

§ 2.

§ 1. Minors under sixteen shall not visit prizefights or cockfights. It shall be unlawful for any minor under the age of sixteen years

to visit or attend any prizefight, cockfight, or place where any prizefight, cockfight, or place where any prizefight or cockfight is advertised to take place.

§ 2. Minors under eighteen not to be admitted. It shall be unlawful for the owner, lessee or proprietor, or the agent of any owner, lessee or proprietor of any place where any prizefight or cockfight is advertised or represented to take place to admit any minor under the age of eighteen years to such a place where any prizefight or cockfight is advertised or represented to take place; or to admit, or to sell or give away to any such minor a ticket or other paper by which said minor might be admitted to such place where such prizefight or cockfight is advertised to take place.

§ 3. Misdemeanor. Every person violating any of the provisions of the preceding sections is guilty of a misdemeanor, and shall be punished by a fine of not exceeding fifty dollars, or be imprisoned in county jail not more than twenty-five days.

ACT 3624.

An act regulating the employment and hours of labor of children-prohibiting the employment of minors under certain ages-prohibiting the employment of certain illiterate minors-providing for the enforcement hereof by the commissioner of the bureau of labor statistics and providing penalties for the violation thereof.

[Approved February 20, 1905.

Stats. 1905, p. 11.]

Amended 1907, pp. 598, 978; 1909, pp. 211, 387; 1911, pp. 282, 910; 1913, p. 364; 1915, p. 1201; 1917, p. 826; 1919, p. 394.

§ 1.

§ 2.

See next act.

Employment of minors under fifteen. Permit to work.
Issuance of permit to work.

§ 3. Evidence for issuing permit. Forms to be prepared by labor

commissioner. Duplicate filed.

§ 3a. Remaining idle longer than two weeks.

§ 4. Work forbidden children under sixteen.

§ 5. Trades forbidden children under sixteen.

[Repealed or omitted.]

§ 6. Labor commissioner to determine whether business is forbidden. Minors under eighteen not to work over eight hours.

§ 7.

§ 8.

Telegraph messages.

§ 9.

Permits signed by school officers.

§ 10.

Minor under fifteen. Papers to be filed. Forms of certificates.
Duplicate kept by person issuing.

§ 11. Minors not to remain idle. Employer to notify officer.

§ 14. Agricultural, etc., labor. Theatrical employment. Consent of labor commissioner.

§ 15. When work is deemed done.

§ 16.

§ 17.

§ 18.

Boys under ten and street occupations. Penalty.
Duty of labor commissioner. Duty of attendance officers.
Acts repealed.

§ 19. Constitutionality.

Permit to Work. No

§ 1. Employment of Minors Under Fifteen. minor under the age of fifteen years shall be employed, permitted or suffered to work in or in connection with any mercantile establishment,