SECTIONS 1700.23-1700.47 - California Statutes

LABOR CODE

SECTION 1700.23-1700.47

1700.23. Every talent agency shall submit to the Labor Commissioner
a form or forms of contract to be utilized by such talent agency in
entering into written contracts with artists for the employment of
the services of such talent agency by such artists, and secure the
approval of the Labor Commissioner thereof. Such approval shall not
be withheld as to any proposed form of contract unless such proposed
form of contract is unfair, unjust and oppressive to the artist. Each
such form of contract, except under the conditions specified in
Section 1700.45, shall contain an agreement by the talent agency to
refer any controversy between the artist and the talent agency
relating to the terms of the contract to the Labor Commissioner for
adjustment. There shall be printed on the face of the contract in
prominent type the following: "This talent agency is licensed by the
Labor Commissioner of the State of California."

1700.24. Every talent agency shall file with the Labor Commissioner
a schedule of fees to be charged and collected in the conduct of
that occupation, and shall also keep a copy of the schedule posted in
a conspicuous place in the office of the talent agency. Changes in
the schedule may be made from time to time, but no fee or change of
fee shall become effective until seven days after the date of filing
thereof with the Labor Commissioner and until posted for not less
than seven days in a conspicuous place in the office of the talent
agency.

1700.25. (a) A licensee who receives any payment of funds on behalf
of an artist shall immediately deposit that amount in a trust fund
account maintained by him or her in a bank or other recognized
depository. The funds, less the licensee's commission, shall be
disbursed to the artist within 30 days after receipt. However,
notwithstanding the preceding sentence, the licensee may retain the
funds beyond 30 days of receipt in either of the following
circumstances:
(1) To the extent necessary to offset an obligation of the artist
to the talent agency that is then due and owing.
(2) When the funds are the subject of a controversy pending before
the Labor Commissioner under Section 1700.44 concerning a fee
alleged to be owed by the artist to the licensee.
(b) A separate record shall be maintained of all funds received on
behalf of an artist and the record shall further indicate the
disposition of the funds.
(c) If disputed by the artist and the dispute is referred to the
Labor Commissioner, the failure of a licensee to disburse funds to an
artist within 30 days of receipt shall constitute a "controversy"
within the meaning of Section 1700.44.
(d) Any funds specified in subdivision (a) that are the subject of
a controversy pending before the Labor Commissioner under Section
1700.44 shall be retained in the trust fund account specified in
subdivision (a) and shall not be used by the licensee for any purpose
until the controversy is determined by the Labor Commissioner or
settled by the parties.
(e) If the Labor Commissioner finds, in proceedings under Section
1700.44, that the licensee's failure to disburse funds to an artist
within the time required by subdivision (a) was a willful violation,
the Labor Commissioner may, in addition to other relief under Section
1700.44, order the following:
(1) Award reasonable attorney's fees to the prevailing artist.
(2) Award interest to the prevailing artist on the funds
wrongfully withheld at the rate of 10 percent per annum during the
period of the violation.
(f) Nothing in subdivision (c), (d), or (e) shall be deemed to
supersede Section 1700.45 or to affect the enforceability of a
contractual arbitration provision meeting the criteria of Section
1700.45.

1700.26. Every talent agency shall keep records in a form approved
by the Labor Commissioner, in which shall be entered all of the
following:
(1) The name and address of each artist employing the talent
agency.
(2) The amount of fee received from the artist.
(3) The employments secured by the artist during the term of the
contract between the artist and the talent agency, and the amount of
compensation received by the artists pursuant thereto.
(4) Any other information which the Labor Commissioner requires.
No talent agency, its agent or employees, shall make any false
entry in any records.

1700.27. All books, records, and other papers kept pursuant to this
chapter by any talent agency shall be open at all reasonable hours
to the inspection of the Labor Commissioner and his agents. Every
talent agency shall furnish to the Labor Commissioner upon request a
true copy of such books, records, and papers or any portion thereof,
and shall make such reports as the Labor Commissioner prescribes.

1700.28. Every talent agency shall post in a conspicuous place in
the office of such talent agency a printed copy of this chapter and
of such other statutes as may be specified by the Labor Commissioner.
Such copies shall also contain the name and address of the officer
charged with the enforcement of this chapter. The Labor Commissioner
shall furnish to talent agencies printed copies of any statute
required to be posted under the provisions of this section.

1700.29. The Labor Commissioner may, in accordance with the
provisions of Chapter 4 (commencing at Section 11370), Part 1,
Division 3, Title 2 of the Government Code, adopt, amend, and repeal
such rules and regulations as are reasonably necessary for the
purpose of enforcing and administering this chapter and as are not
inconsistent with this chapter.

1700.30. No talent agency shall sell, transfer, or give away to any
person other than a director, officer, manager, employee, or
shareholder of the talent agency any interest in or the right to
participate in the profits of the talent agency without the written
consent of the Labor Commissioner.

1700.31. No talent agency shall knowingly issue a contract for
employment containing any term or condition which, if complied with,
would be in violation of law, or attempt to fill an order for help to
be employed in violation of law.

1700.32. No talent agency shall publish or cause to be published
any false, fraudulent, or misleading information, representation,
notice, or advertisement. All advertisements of a talent agency by
means of cards, circulars, or signs, and in newspapers and other
publications, and all letterheads, receipts, and blanks shall be
printed and contain the licensed name and address of the talent
agency and the words "talent agency." No talent agency shall give any
false information or make any false promises or representations
concerning an engagement or employment to any applicant who applies
for an engagement or employment.

1700.33. No talent agency shall send or cause to be sent, any
artist to any place where the health, safety, or welfare of the
artist could be adversely affected, the character of which place the
talent agency could have ascertained upon reasonable inquiry.

1700.34. No talent agency shall send any minor to any saloon or
place where intoxicating liquors are sold to be consumed on the
premises.

1700.35. No talent agency shall knowingly permit any persons of bad
character, prostitutes, gamblers, intoxicated persons, or procurers
to frequent, or be employed in, the place of business of the talent
agency.

1700.36. No talent agency shall accept any application for
employment made by or on behalf of any minor, as defined by
subdivision (c) of Section 1286, or shall place or assist in placing
any such minor in any employment whatever in violation of Part 4
(commencing with Section 1171).

1700.37. A minor cannot disaffirm a contract, otherwise valid,
entered into during minority, either during the actual minority of
the minor entering into such contract or at any time thereafter, with
a duly licensed talent agency as defined in Section 1700.4 to secure
him engagements to render artistic or creative services in motion
pictures, television, the production of phonograph records, the
legitimate or living stage, or otherwise in the entertainment field
including, but without being limited to, services as an actor,
actress, dancer, musician, comedian, singer, or other performer or
entertainer, or as a writer, director, producer, production
executive, choreographer, composer, conductor or designer, the blank
form of which has been approved by the Labor Commissioner pursuant to
Section 1700.23, where such contract has been approved by the
superior court of the county where such minor resides or is employed.
Such approval may be given by the superior court on the petition
of either party to the contract after such reasonable notice to the
other party thereto as may be fixed by said court, with opportunity
to such other party to appear and be heard.

1700.38. No talent agency shall knowingly secure employment for an
artist in any place where a strike, lockout, or other labor trouble
exists, without notifying the artist of such conditions.

1700.39. No talent agency shall divide fees with an employer, an
agent or other employee of an employer.

1700.40. (a) No talent agency shall collect a registration fee. In
the event that a talent agency shall collect from an artist a fee or
expenses for obtaining employment for the artist, and the artist
shall fail to procure the employment, or the artist shall fail to be
paid for the employment, the talent agency shall, upon demand
therefor, repay to the artist the fee and expenses so collected.
Unless repayment thereof is made within 48 hours after demand
therefor, the talent agency shall pay to the artist an additional sum
equal to the amount of the fee.
(b) No talent agency may refer an artist to any person, firm, or
corporation in which the talent agency has a direct or indirect
financial interest for other services to be rendered to the artist,
including, but not limited to, photography, audition tapes,
demonstration reels or similar materials, business management,
personal management, coaching, dramatic school, casting or talent
brochures, agency-client directories, or other printing.
(c) No talent agency may accept any referral fee or similar
compensation from any person, association, or corporation providing
services of any type expressly set forth in subdivision (b) to an
artist under contract with the talent agency.

1700.41. In cases where an artist is sent by a talent agency beyond
the limits of the city in which the office of such talent agency is
located upon the representation of such talent agency that employment
of a particular type will there be available for the artist and the
artist does not find such employment available, such talent agency
shall reimburse the artist for any actual expenses incurred in going
to and returning from the place where the artist has been so sent
unless the artist has been otherwise so reimbursed.

1700.44. (a) In cases of controversy arising under this chapter,
the parties involved shall refer the matters in dispute to the Labor
Commissioner, who shall hear and determine the same, subject to an
appeal within 10 days after determination, to the superior court
where the same shall be heard de novo. To stay any award for money,
the party aggrieved shall execute a bond approved by the superior
court in a sum not exceeding twice the amount of the judgment. In all
other cases the bond shall be in a sum of not less than one thousand
dollars ($1,000) and approved by the superior court.
The Labor Commissioner may certify without a hearing that there is
no controversy within the meaning of this section if he or she has
by investigation established that there is no dispute as to the
amount of the fee due. Service of the certification shall be made
upon all parties concerned by registered or certified mail with
return receipt requested and the certification shall become
conclusive 10 days after the date of mailing if no objection has been
filed with the Labor Commissioner during that period.
(b) Notwithstanding any other provision of law to the contrary,
failure of any person to obtain a license from the Labor Commissioner
pursuant to this chapter shall not be considered a criminal act
under any law of this state.
(c) No action or proceeding shall be brought pursuant to this
chapter with respect to any violation which is alleged to have
occurred more than one year prior to commencement of the action or
proceeding.
(d) It is not unlawful for a person or corporation which is not
licensed pursuant to this chapter to act in conjunction with, and at
the request of, a licensed talent agency in the negotiation of an
employment contract.

1700.45. Notwithstanding Section 1700.44, a provision in a contract
providing for the decision by arbitration of any controversy under
the contract or as to its existence, validity, construction,
performance, nonperformance, breach, operation, continuance, or
termination, shall be valid:
(a) If the provision is contained in a contract between a talent
agency and a person for whom the talent agency under the contract
undertakes to endeavor to secure employment, or
(b) If the provision is inserted in the contract pursuant to any
rule, regulation, or contract of a bona fide labor union regulating
the relations of its members to a talent agency, and
(c) If the contract provides for reasonable notice to the Labor
Commissioner of the time and place of all arbitration hearings, and
(d) If the contract provides that the Labor Commissioner or his or
her authorized representative has the right to attend all
arbitration hearings.
Except as otherwise provided in this section, any arbitration
shall be governed by the provisions of Title 9 (commencing with
Section 1280) of Part 3 of the Code of Civil Procedure.
If there is an arbitration provision in a contract, the contract
need not provide that the talent agency agrees to refer any
controversy between the applicant and the talent agency regarding the
terms of the contract to the Labor Commissioner for adjustment, and
Section 1700.44 shall not apply to controversies pertaining to the
contract.
A provision in a contract providing for the decision by
arbitration of any controversy arising under this chapter which does
not meet the requirements of this section is not made valid by
Section 1281 of the Code of Civil Procedure.

1700.47. It shall be unlawful for any licensee to refuse to
represent any artist on account of that artist's race, color, creed,
sex, national origin, religion, or handicap.