direct the services of other persons in such employments, to demand See post, Act 4731. ACT 4731. An act to prohibit employers or certain agents or representatives of employers from demanding or receiving any money or other consideration from an employee as a condition of employment or of continuing to perform services in such employment; and to provide for the enforcement of this act by the commissioner of the bureau of labor statistics; and to provide a penalty for the violation thereof; and to repeal an act entitled "An act to forbid managers, superintendents, foremen and other persons having authority from their respective employers to hire, employ, or direct the services of other persons in such employments, to demand or receive any fee, gift or other remuneration in consideration of any such hiring, employment or permission to continue to perform work or services in such employment; and to provide for the enforcement of this act by the commissioner of the bureau of labor statistics," approved April 12, 1915. [Approved May 5, 1917. Stats. 1917, p. 257. In effect July 27, 1917.] § 1. Employer receiving gifts or part of tips from employees guilty of misdemeanor. § 2. Employment agencies excepted. § 3. Enforcement. § 4. Stats. 1915, p. 61, repealed. § 1. Employer receiving gifts or part of tips from employees guilty of misdemeanor. Any employer or agent or representative of an employer or other person having authority from his employer to hire, employ or direct the services of other persons in the employment of said employer, who shall demand or receive directly or indirectly from any person then in the employment of said employer, any fee, gift or other remuneration or other consideration, or any part or portion of any tips or gratuities received by such employee while in the employment of said employer, in consideration or as a condition of such employment or hiring or employing any person to perform such services for such employer or of permitting said person to continue in such employment, is guilty of a misdemeanor and upon conviction thereof shall be fined not more than three hundred ($300) dollars for such offense, or by imprisonment for not more than six months or by both fine and imprisonment. All fines imposed or collected under provision of this act shall be paid into the state treasury and credited to the contingent fund of the bureau of labor statistics. § 2. Employment agencies excepted. Nothing contained in this act shall be construed to apply to employment agencies or employment agents licensed and operating under the laws of the state of California. § 3. Enforcement. This act shall be enforced by the commissioner of the bureau of labor statistics. § 4. Stats. 1915, p. 61, repealed. An act entitled "An act to forbid managers, superintendents, foremen and other persons having authority from their respective employers to hire, employ, or direct the services of other persons in such employments to demand or receive any fee, gift, or other remuneration in consideration of any such hiring, employment or permission to continue to perform work or services in such employment; and to provide for the enforcement of this act by the commissioner of the bureau of labor statistics," approved April 12, 1915, and designated chapter fifty-six of the Statutes of 1915, is hereby repealed. Retaining wages of employees a felony: See Penal Code, § 653d. That portion of the statute forbidding an employer from entering into a contract requiring the employee to surrender to him tips received for services is in conflict with the "due process" provision of the federal constitution and section 13 of article of the California constitution: Farb, In re, 178 Cal. 592, 174 Pac. 320. ACT 4732. An act providing that any public service corporation, agent, superintendent, or manager thereof employing special agents, detectives, or socalled spotters shall, before disciplining or discharging any employee upon a report by such special agent, detective, or so-called spotters, give notice and accord a hearing to such employee upon his request therefor, and providing for the punishment for the violation thereof. [Approved April 14, 1915. Stats. 1915, p. 69.] §1. Employee not to be discharged on spotter's report without hearing. § 2. Penalty for violation of statute. § 1. Employee not to be discharged on spotter's report without hearing. It shall be unlawful for any public service corporation, agent, superintendent or manager thereof, employing any special agent, detective, or person commonly known as "spotter" for the purpose of investigating, obtaining and reporting to the employer, its agent, superintendent or manager, information concerning its employees, to discipline or discharge any employee in its service, where such act of discipline or the discharge is based upon a report by such special agent, detective or spotter, which report involves a question of integrity, honesty or a breach of rules of the employer, unless such employer, its agent, superintendent or manager, shall give notice and accord a hearing to the employee thus accused, when requested by said employee, at which hearing said employer shall state specific charges on which said act or discharge is based and at which said accused employee shall have the right to furnish testimony in his defense. § 2. Penalty for violation of statute. Each and every violation of this act by any person, firm, association or corporation shall be deemed a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than fifty dollars and not more than three hundred dollars, or by imprisonment in the county jail for a period of not more than one year, or both such fine and imprisonment. In case of a public service corporation committing any violation of this act the imprisonment when imposed shall be imposed upon the officers or agents thereof committing such offense. (Approve Entire act amend § 1. Temporary floor § 2. § 3. 4. § 5. § 6. § 7. struction. St distance betw for erection painters. Sustruction in Distance betwe Floors. Nets. Penalty. Enforcement. Violation of s § 1. Temporary two stories high beams or girders being done, or abou or with such other in such building fr planks, bricks, riv limb are endangere 1678 Unconstitutional as in contravention of the "due process" clause of the federal constitution and section 13 of article I of the con. stitution of California: Farb, In re, 178 Cal. 592, 596, 174 Pac. 320. ACT 4733. An act to require employers to pay the cost of bonds and photographs required of and furnished by employees or applicants for employment. [Approved April 20, 1917. Stats. 1917, p. 151. In effect July 27, 1917.] § 1. Employer must pay for bond or photograph. § 1. Employer must pay for bond or photograph. Whenever a bond or photograph of an employee or applicant for employment is required by any employer of labor, said employer shall pay the cost of such bond or photograph. § 2. Penalty. Any person violating any provision of this act shall be guilty of a misdemeanor, punishable by a fine not less than twentyfive dollars nor exceeding five hundred dollars. § 3. Enforcement. The commissioner of the bureau of labor statistics of the state of California shall enforce the provisions of this act. ACT 4734. An act to provide for temporary floors in buildings more than three stories high in the course of construction and for the protection of the life and limb of workmen employed in such buildings from falling through joists or girders and from falling bricks, rivets, etc. [Approved March 6, 1909. Stats. 1909, p. 107.] Entire act amended 1911, p. 1112; 1921, p. 452. § 1. Temporary floors to protect workmen. Reinforced concrete construction. Structural frame. Spans to support flooring. If distance between floors exceeds twenty-five feet. Planked floor for erection gang. Planked floor for riveting gang and steel painters. Suspension of work and removal of flooring. Construction in sections. § 2. § 3. § 4. § 5. § 6. § 7. Violation of statute a misdemeanor [repealed] act. § 1. Temporary floors to protect workmen. Any building more than two stories high in the course of construction shall have the joists, beams or girders of floors below the floor or level where any work is being done, or about to be done, covered with flooring laid close together, or with such other suitable material as will protect workmen engaged in such building from falling through joists or girders, and from falling planks, bricks, rivets, tools, or any other substance, whereby life and limb are endangered, as follows: (a) Reinforced concrete construction. Any such building which is of reinforced concrete construction, with reinforced concrete floors, shall have the floor filled in either with forms or concrete on each floor before the commencement of work upon the walls of the second floor above, or the commencement of work upon the floor of the next floor above. Any building having wooden floors, other than a steel frame building, shall have the underflooring, if double flooring is to be used, laid on each floor within the time herein above described for reinforced concrete floors. Where single wooden floors are to be used, each floor shall be planked over within the time hereinbefore prescribed. (b) Structural frame. If such building has a structural frame of iron or steel, the entire floor of every second story, except such space as may reasonably be required for the proper construction of such building, shall be thoroughly covered with planks tightly laid together, so that workmen shall have at all times planked floors within two stories below them. (c) Spans to support flooring. If a span of a floor exceeds thirteen (13) feet, an intermediate beam shall be used to support the temporary flooring; provided, however, that spans not to exceed sixteen (16) feet may be covered by three (3) inch planks without such beam. Such intermediate beam shall be of a sufficient strength to sustain a live load of fifty (50) pounds per square foot of the area supported. (d) If distance between floors exceeds twenty-five feet. If the distance between planked floors in any building or structure exceeds twentyfive (25) feet, intermediate flooring or safety nets shall be provided which shall be fixed not to exceed twenty-five (25) feet below a floor upon which work is being performed and as close to such floor as practicable. (e) Planked floor for erection gang. The erection gang shall at all times have a planked floor below them not more than two stories distant. (f) Planked floor for riveting gang and steel painters. The riveting gang and steel painters shall at all times have a planked floor below them not more than two stories distant. Men working below riveting gangs shall at all times be protected from falling objects by having a planked floor between them and the riveting gangs. (g) Suspension of work and removal of flooring. If building operations are suspended and the temporary flooring, hereinbefore required, is removed, upon the resumption of work, in case of such suspension, the building must he replanked so that every man at work shall have a covered floor not more than two floors below. (h) Construction in sections. Where a building is being constructed in sections each section shall constitute a building for the purpose of this act. [Amendment approved May 18, 1921; Stats. 1921, p. 452.] § 2. Distance between erection and riveting gangs. Where such . building has a structural frame of iron or steel, and the iron or steel columns are spliced at every story, the erection gang shall in no case be more than two stories distant from the riveting gang. If the columns are spliced every second or third story, the erection gang shall in no case be more than four stories distant from the riveting gang. [Amendment approved May 18, 1921; Stats. 1921, p. 454.] 1680 §3. Floors. Nets. Pl together of number one c and eight inches wide, fre shall consist of at least quarter inch borders, and nets shall be provided wi or attached to convenient approved May 18, 1921; § 4. Penalty. No own tractor, subcontractor, o assigned to or undertake to proceed with work a planking or nets requir section shall constitute 18, 1921; Stats. 1921, p. § 5. Enforcement. I commission to enforce th § 6. Violation of sta proved May 18, 1921. § 7. Act takes effect Stats. 1921, p. 43 1921. ACT 4735. An act to regulate ce workmen; requirin law upon employe scaffolding or stag such employers sha penalties for a vic 402e of the Penal act by the commi [Approv § 1. § 2. § 3. § 4. Amended 1921, Safety rail on Safety lines. Penalties for Enforcement. § 1. Safety rail suspended from an the ground or floor. rigid material of su and braced; such ra floors or main por along the entire le attached thereto; a so as to prevent th or place of work w and all parts of suc to support, bear or appliances or mate § 3. Floors. Nets. Planked floors shall consist of planks tightly laid together of number one common lumber, not less than two inches thick and eight inches wide, free from protruding nails or other objects. Nets shall consist of at least one and one-half inch manila rope with threequarter inch borders, and four by four inch mesh. The borders of the nets shall be provided with loops so that they can be readily combined or attached to convenient points on the structural frame. [Amendment approved May 18, 1921; Stats. 1921, p. 454.] § 4. Penalty. No owner, agent of the owner, general contractor, contractor, subcontractor, or other person shall proceed with any work assigned to or undertaken by him, or require or permit any other person to proceed with work assigned to or undertaken by either, unless the planking or nets required by this act are in place. Violation of this section shall constitute a misdemeanor. [Amendment approved May 18, 1921; Stats. 1921, p. 454.] § 5. Enforcement. It shall be the duty of the industrial accident commission to enforce the provisions of this act. § 6. Violation of statute a misdemeanor. [Repealed by statute approved May 18, 1921. Stats. 1921, p. 454.] § 7. Act takes effect when. [Repealed by statute approved May 18, 1921. Stats. 1921, p. 454.] ACT 4735. An act to regulate certain scaffolding or staging for the protection of workmen; requiring that in addition to the duties imposed by any law upon employers using or directing or permitting the use of scaffolding or staging swung or suspended from an overhead support such employers shall be subject to the provisions of this act; fixing penalties for a violation hereof to be the same as provided in section 402c of the Penal Code; and providing for the enforcement of this act by the commissioner of the bureau of labor statistics. [Approved April 22, 1913. Stats. 1913, p. 49.] Amended 1921, p. 451. §1. Safety rail on scaffolding. § 2. Safety lines. § 3. § 4. Penalties for violation of statute. Enforcement. § 1. Safety rail on scaffolding. All scaffolding or staging swung or suspended from an overhead support which is more than ten feet from the ground or floor, shall have a safety rail of wood, or other equally rigid material of sufficient strength. Such rail shall be properly secured and braced; such rail to rise at least forty-two inches above the floor or floors or main portions of such scaffolding or staging, and to extend along the entire length of the outside and ends thereof, and properly attached thereto; and such a scaffolding or staging shall be fastened so as to prevent the same from swaying from the building or structure, or place of work where such scaffolding or staging is being used. Any and all parts of such scaffolding or staging shall be of sufficient strength to support, bear or withstand with safety, any weight of persons, tools, appliances or materials that may be placed thereupon or that are to be |