way corporation from liabilities incurred under section three (3) of SEC. 2. Any railroad company or corporation knowingly violating Penalty. SEC. 3. In addition to the penalty prescribed herein any corporation Employers' liaviolating the provisions of this act shall not be permitted to interpose bility. the defense of contributory negligence in the event of action being brought to recover for damages resulting from any accident which shall occur and by which injury shall be inflicted on any employee who may be detained in service more than said sixteen hours, notwithstanding negligence of said injured employee may have caused his own injury or death; nor shall said defense of contributory negligence be interposed if the said injury result in death of said employee and the action is brought for the benefit of his next of kin. CALIFORNIA. CONSTITUTION. ARTICLE 19.-Employment of Chinese-Coolie labor. Employment on public works. Coolieism pro SECTION 3. No Chinese shall be employed on any State, county, municipal, or other public work, except in punishment for crime. SEC. 4. The presence of foreigners ineligible to become citizens of the United States is declared to be dangerous to the well-being of the State, and the legislature shall discourage their immigration by all the hibited. means within its power. Asiatic coolieism is a form of human slavery, and is forever prohibited in this State, and all contracts for coolie labor shall be void. All companies or corporations, whether formed in this country or any foreign country, for the importation of such labor, shall be subject to such penalties as the legislature may prescribe. The legislature shall delegate all necessary power to the incorporated cities and towns of this State for the removal of Chinese with- Authority out the limits of such cities and towns, or for their location within cities and towns. prescribed portions of those limits, and it shall also provide the necessary legislation to prohibit the introduction into this State of Chinese after the adoption of this constitution. This section shall be enforced by appropriate legislation. ARTICLE 20.-Hours of labor on public works. of SECTION 17 (as amended November 4, 1902). The time of service of Eight hours a all laborers or workmen or mechanics employed upon any public day's work. works of the State of California, or of any county, city and county, city, town, district, township, or any other political subdivision thereof, whether said work is done by contract or otherwise, shall be limited and restricted to eight hours in any one calendar day, except in cases of extraordinary emergency caused by fire, flood, or danger to life and property, or except to work upon public, military, or naval works or defenses in time of war, and the legislature shall provide by law that a stipulation to this effect shall be incorporated in all contracts for public works and prerscibe proper penalties for the speedy and efficient enforcement of said law. ARTICLE 20.-Sex no disqualification for employment. Exception. SECTION 18. No person shall, on account of sex, be disqualified from Sex not a bar. entering upon or pursuing any lawful business, vocation, or profession. H. Doc. 733, 58-2-9 DEERING'S CODES AND STATUTES OF 1885 AND SUPPLE- VOL. I.-POLITICAL CODE. Rates of wages of employees of State printing office. * SECTION 531 (as amended by chapter 74, Acts of 1891). The duties of the superintendent of State printing shall be as follows: * He shall employ such compositors, pressmen, and assistants as the exigency of the work from time to time requires, and may at any time discharge such employees: Provided, That at no time shall he pay said compositors, pressmen, or assistants, a higher rate of wages than is paid by those employing printers in Sacramento for the like work. He shall at no time employ more compositors or assistants than the absolute necessities of the State printing may demand, and he shall not permit any other than State work to be done in the State printing office. * * * Time to vote to be allowed employees. SECTION 1212 (as amended by chapter 130, Acts of 1891). Any person entitled to vote at a general election held within this State shall, on the day of such election, be entitled to absent himself from any service or employment in which he is then engaged, or employed, for the period of two consecutive hours, between the time of opening and the time of closing the polls; and such voter shall not, because of so absenting himself, be liable to any penalty, nor shall any deduction be made on account of such absence from his usual salary or wages. Trade-marks of trade unions, etc. SECTION 3200 (Supplement). Any trade union, labor association, or labor organization, organized and existing in this State, whether incorporated or not, may adopt and use a trade-mark and affix the same to any goods made, produced, or manufactured by the members of such trade union, labor association, or labor organization, or to the box, cask, case, or package containing such goods, and may record such Trade-mark to trade-mark by filing or causing to be filed with the secretary of state its claim to the same, and a copy or description of such trade-mark, with the affidavit of the president of such trade union, labor association, or labor organization, certified to by any officer authorized to take acknowledgments of conveyances, setting forth that the trade union, labor association, or labor organization of which he is the president is the exclusive owner, or agent of the owner, of such trademark * * * be filed. Who may pros tions. SEC. 3201 (Supplement). The president or other presiding officer of any trade union, labor association, or labor organization, organized and existing in this State, which shall have complied with the proecute for viola- visions of the preceding section, is hereby authorized and empowered to commence and prosecute in his own name any action or proceedings he may deem necessary for the protection of any trade-mark adopted or in use under the provisions of the preceding section, or for the protection or enforcement of any rights or powers which may accrue to such trade union, labor association, or labor organization by the use or adoption of said trade-mark. Work labor. to be Contract work on public buildings prohibited. SECTION 3233. All work done upon the public buildings of this done by day's State must be done under the supervision of a superintendent, or State officer or officers having charge of the work, and all labor employed on such buildings, whether skilled or unskilled, must be employed by the day, and no work upon any of such buildings be done by contract. must Products of Chinese labor not to be bought by State officials. SECTION 3235 (Supplement). No supplies of any kind or character, Publicsupplies "for the benefit of the State, or to be paid for by any moneys appronot to be product of Chinese labor. priated or to be appropriated by the State," manufactured or grown in this State, which are in whole or in part the product of Mongolian labor, shall be purchased by the officials for the State having the control of any public institution under the control of the State, or of any county, city and county, city, or town thereof. Hours of labor. when. work, SECTION 3244 (Supplement). Eight hours of labor constitute a day's Eight hours a work, unless it is otherwise expressly stipulated by the parties to a day's contract, except those contracts within the provisions of sections three thousand two hundred and forty-six, three thousand two hundred and forty-seven, and three thousand two hundred and forty-eight of this code. SEC. 3246 (Supplement). Twelve hours' labor constitutes a day's work on the part of drivers, and conductors, and gripmen of street cars for the carriage of passengers. Any contract for a greater num- Street railways. ber of hours' labor in one day shall be and is void, at the option of the employee, without regard to the terms of employment, whether the same be by the hour, day, week, month, or any other period of time, or by or according to the trip or trips that the car may, might, or can make between the termini of the route, or any less distance thereof. Any and every person laboring over twelve hours in one day as driver, or conductor, or gripman on any street railroad, shall receive from his employer thirty cents for each hour's labor over twelve hours in each day. SEC. 3247 (Supplement). In actions to recover the value or price of Actions labor under section three thousand two hundred and forty-six of this wages. code, the plaintiff may include in one action his claim for the number for of days, and the number of hours' work over twelve hours in each Recovery for day, performed by him for the defendant, and the court shall exclude overtime. all evidence of agreement to labor over twelve hours in one day for a less price than thirty cents, and the court shall exclude any receipt of payment for hours of labor over twelve hours in one day, unless it be established that at least thirty cents for each hour of labor over twelve Rate of wages. hours in one day has been actually paid, and a partial payment shall not be deemed or considered a payment in full. law. SEC. 3249 (Supplement). The provisions of sections three thousand Application of two hundred and forty-seven * * * of this code are applicable to every contract to labor made by the persons named in section three thousand two hundred and forty-six. SEC. 3250 (Supplement). No person shall be employed as conductor, or driver, or gripman, on any street railroad, for more than twelve Street railways. hours in one day, except as in this act provided, and any corporation, or company, or owner, or agent, or superintendent, who knowingly employs any person in such capacity for more than twelve hours in Penalty. Goods, etc., produced within the State to be preferred for public use.· SECTION. 3247 (added by chapter 149, Acts of 1897). (a) Any person, committee, board, officer, or any other person charged with the purchase, or permitted or authorized to purchase supplies, goods, wares, merchandise, manufactures, or produce, for the use of the State, or of any of its institutions or offices, or for the use of any county or consolidated city and county, or city, or town, shall always, price, fitness, This is a duplicate use of this section number, but is in accordance with the act referred to. Preference of domestic prod ucts. Contractor to file bond. and quality equal, prefer such supplies, goods, wares, merchandise, manufactures, or produce as has been grown, manufactured, or produced in this State, and shall next prefer such as have been partially so manufactured, grown, or produced in this State. * Street improvements-Security for wages of employees, etc. SECTION 4409. * * (Supplemental act approved March 18, 1885.) SEC. 6 (added by chapter 22, Acts of 1899). Every contractor, person, company, or corporation, including contracting owners, to whom is awarded any contract for street work under this act, shall, before executing the said contract, file with the superintendent of streets a good and sufficient bond, approved by the mayor, in a sum not less than one-half of the total amount payable by the terms of the said contract; such bond shall be executed by the principal and at least two sureties, who shall qualify for double the sum specified in said bond, and shall be made to inure to the benefit of any and all persons, companies, or corporations who perform labor on, or furnish materials to be used in the said work of improvement, and shall provide that if the contractor, person, company, or corporation to whom said contract was awarded fails to pay for any materials so furnished for the said work of improvement, or for any work or labor done thereon of any kind, that the sureties will pay the same, to an amount Who may have not exceeding the sum specified in said bond. Any material man, person, company, or corporation, furnishing materials to be used in the performance of said work specified in said contract, or who performed work or labor upon the said improvement, whose claim has not been paid by the said contractor, company, or corporation, to whom the said contract was awarded, may, within thirty days from state- the time said improvement is completed, file with the superintendent of streets a verified statement of his or its claim, together with a statement that the same, or some part thereof, has not been paid. At any time within ninety days after the filing of such claim, the person, company, or corporation, filing the same, or their assigns, may commence an action on said bond for the recovery of the amount due on said claim, together with the costs incurred in said action, and a reasonable attorney fee, to be fixed by the court, for the prosecution thereof. benefit. Filing ment. Minor entitled to earnings, when. Contract fined. de Losses curred in dis VOL. II.-CIVIL CODE. Earnings of minors. SECTION 212. The wages of a minor employed in service may be paid to him until the parent or guardian entitled thereto gives the employer notice that he claims such wages. Employment of labor—General provisions. The con SECTION 1965 (as amended by chapter 157, Acts of 1901). tract of employment is one by which a person, called an employer, engages another, called an employee, to do something. in- SEC. 1969. An employer must indemnify his employee, except as charge of duty. prescribed in the next section, for all that he necessarily expends or loses in direct consequence of the discharge of his duties as such, or of his obedience to the directions of the employer, even though unlawful, unless the employee, at the time of obeying such directions, believed them to be unlawful. Ordinary risks. SEC. 1970 (as amended by chapter 220, Acts of 1903). An employer is not bound to indemnify his employee for losses suffered by the latter in consequence of the ordinary risks of the business in which he is Negligence of employed, nor in consequence of the negligence of another person employed by the same employer in the same general business, unless the negligence causing the injury was committed in the performance of a duty the employer owes by law to the employee, or unless the fellow-servants. employer has neglected to use ordinary care in the selection of the culpable employee. SEC. 1971. An employer must in all cases indemnify his employees Want of care. for losses caused by the former's want of ordinary care. The retention of a foreman after knowledge of his incompetency is negligence, and the employer is liable for injuries resulting from such foreman's negligent acts. 47 Pac. Rep. 773. out considera SEC. 1975. One who, without consideration, undertakes to do a Service withservice for another, is not bound to perform the same, but if he actually tion. enters upon its performance, he must use at least slight care and diligence therein. SEC. 1976. One who, by his own special request, induces another to Requested emintrust him with the performance of a service, must perform the same ployment. fully. In other cases one who undertakes a gratuitous service may relinquish it at any time. torney. SEC. 1977. A gratuitous employee who accepts a written power of Gratuitous atattorney must act under it so long as it remains in force, or until he gives notice to his employer that he will not do so. SEC. 1978. One who, for a good consideration, agrees to serve another Employee for must perform the service, and must use ordinary care and diligence consideration. therein, so long as he is thus employed. SEC. 1979. One who is employed at his own request to do that which is more for his own advantage than for that of his employer must use great care and diligence therein to protect the interest of the latter. SEC. 1980 (as amended by chapter 157, Acts of 1901). A contract to render personal service, other than a contract of service provided for in title four, part three, division first of this code [relating to apprenticeship] can not be enforced as against the employee beyond the term of two years from the commencement of service under it; but if the employee voluntarily continues his service under it beyond that time, the contract may be referred to as affording a presumptive measure of the compensation. Interested volunteer. Duration of contract. SEC. 1981. An employee must substantially comply with all the direc- Directions. tions of his employer concerning the service on which he is engaged, except where such obedience is impossible or unlawful, or would impose new and unreasonable burdens upon the employee. SEC. 1982. An employee must perform his service in conformity to Usage. the usage of the place of performance, unless otherwise directed by his employer, or unless it is impracticable, or manifestly injurious to his employer to do so. SEC. 1983. An employee is bound to exercise a reasonable degree of Degree of skill skill, unless his employer has notice, before employing him, of his want of skill. SEC. 1984. An employee is always bound to use such skill as he Same subject. possesses, so far as the same is required, for the service specified. The employee may employ others to do the work where his personal attention is not contracted for. 24 Cal. 308. SEC. 1985. Everything which an employee acquires by virtue of his Acquisitions employment, except the compensation, if any, which is due to him by virtue of employment. from his employer, belongs to the latter, whether acquired lawfully or unlawfully, or during or after the expiration of the term of his employment. of SEC. 1986. An employee must, on demand, render to his employer Rendering acjust accounts of all his transactions in the course of his service, as often counts. as may be reasonable, and must, without demand, give prompt notice to his employer of everything which he receives for his account. SEC. 1987. An employee who receives anything on account of his Delivery employer, in any capacity other than that of a mere servant, is not ceived. bound to deliver it to him until demanded, and is not at liberty to send it to him from a distance, without demand, in any mode involving greater risk than its retention by the employee himself. SEC. 1988. An employee who has any business to transact on his own account, similar to that intrusted to him by his employer, must always give the latter the preference. goods, etc., re Priority of employer's ness. busi SEC. 1989. An employee who is expressly authorized to employ a Employment substitute is liable to his principal only for want of ordinary care in of substitute. his selection. The substitute is directly responsible to the principal. |