I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.
Well, let's put it this way: it should be paid in gross but they can be responsible for other monetary damages under this theory in California:
LABOR CODE
SECTION 970-977
970. No person, or agent or officer thereof, directly or
indirectly, shall influence, persuade, or engage any person to change
from one place to another in this State or from any place outside to
any place within the State, or from any place within the State to
any place outside, for the purpose of working in any branch of labor,
through or by means of knowingly false representations, whether
spoken, written, or advertised in printed form, concerning either:
(a) The kind, character, or existence of such work;
(b) The length of time such work will last, or the compensation
therefor;
(c) The sanitary or housing conditions relating to or surrounding
the work;
(d) The existence or nonexistence of any strike, lockout, or other
labor dispute affecting it and pending between the proposed employer
and the persons then or last engaged in the performance of the labor
for which the employee is sought.
971. Any person, or agent or officer thereof, who violates Section
970 is guilty of a misdemeanor punishable by a fine of not less than
fifty dollars ($50) nor more than one thousand dollars ($1,000) or
imprisonment for not more than six months or both.
972. In addition to such criminal penalty, any person, or agent or
officer thereof who violates any provision of Section 970 is liable
to the party aggrieved, in a civil action, for double damages
resulting from such misrepresentations. Such civil action may be
brought by an aggrieved person or his assigns or successors in
interest, without first establishing any criminal liability.
973. If any person advertises for, or seeks employees by means of
newspapers, posters, letters, or otherwise, or solicits or
communicates by letter or otherwise with persons to work for him or
the person for whom he is acting, or to work at any shop, plant, or
establishment while a strike, lockout, or other trade dispute is
still in active progress at such shop, plant, or establishment, he
shall plainly and explicitly mention in such advertisement or oral or
written solicitations or communications that a strike, lockout, or
other labor disturbance exists.
The person inserting any such advertisement, solicitation, or
communication in a newspaper, on a poster, or otherwise, shall insert
in such advertisement, solicitation or communication his own name
and, if he is representing another, the name of the person he is
representing and at whose direction and under whose authority he is
inserting the advertisement, solicitation or communication. The
appearance of this name in connection with such advertisement,
solicitation or communication is prima facie evidence as to the
person responsible for the advertisement, solicitation or
communication.
974. Any person, or agent or officer thereof, who violates Section
973 is guilty of a misdemeanor.
976. No person shall publish or cause to be published any
advertisement, solicitation or communication in any newspaper, poster
or letter, offering employment as a salesman, broker or agent,
whether as an employee or independent contractor, which
advertisement, solicitation or communication (a) is willfully
designed to mislead any person as to compensation or commissions
which may be earned; or (b) falsely represents the compensation or
commissions which may be earned.
This section shall not be applicable to any publisher of a
newspaper, magazine, or other publication, who publishes an
advertisement, solicitation or communication in good faith, without
knowledge of its false, deceptive or misleading character.
977. Any person, or agent or officer thereof, who violates Section
976 is guilty of a misdemeanor.
