Impossibility of performance, not caused by or resulting from a violation of law, may be asserted as an affirmative defense by an employer in any action alleging a violation of this section. (See California Labor Code, Section 1199) (A) In addition to any other civil penalties provided by law, any employer or any other person acting on behalf of the employer who violates, or causes to be violated, the provisions of this order, shall be subject to the civil penalty of: Section 1198.4 - Enforcement policy statements or interpretations of orders made public upon request; Section 1198.5 - Right of employee to inspect and receive copy of personnel records; Section 1199 - Criminal penalty for work hour, wage or chapter violations; Section 1199.5 - Criminal penalty for violations of section 1197.5 Wages, Hours and Working Conditions Section 1199 Section 1199. Any amount found due by the Labor Commissioner as a result of a hearing shall become due and payable 45 days after notice of the findings and written findings and order have been mailed to the party assessed. § 1199 Every employer or other person acting either individually or as an officer, agent, or employee of another person is guilty of a misdemeanor and is punishable by a fine of not less than one hundred dollars ($100) or by imprisonment for not less than 30 days, or by both, who does any of the following: CA Labor Code § 1197 (2017) The minimum wage for employees fixed by the commission or by any applicable state or local law, is the minimum wage to be paid to employees, and the payment of a lower wage than the minimum so fixed is unlawful. Separability. Every employer or other person acting either individually or as an officer, agent, or employee of another person is guilty of a misdemeanor and is punishable by a fine of not less than one hundred dollars ($100) or by imprisonment for not less than 30 â¦ CA Labor Code § 1194 (2017) (a) Notwithstanding any agreement to work for a lesser wage, any employee receiving less than the legal minimum wage or the legal overtime compensation applicable to the employee is entitled to recover in a civil action the unpaid balance of the full amount of this minimum wage or overtime compensation, including interest thereon, reasonable attorneyâs fees, â¦ 2011 California Code Labor Code DIVISION 2. California Labor Code Sec. Service shall be completed pursuant to Section 1013 of the Code of Civil Procedure. Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement. ; Person: means any person, association, organization, partnership, business trust, limited liability company, or corporation.See California Education Code 32289 EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.5] CHAPTER 1. Penalties. (See California Labor Code, section 1199) 21. (m) Notwithstanding Section 1199, a violation of this section is an infraction. Terms Used In California Labor Code 1199. Under Labor Code Section 1199, it is a crime for an employer to fail to pay overtime wages as fixed by the Industrial Welfare Commission, the court noted. This section does not change the applicability of local minimum wage laws to any entity. 20.