270. No person, or agent or officer thereof, engaged in the
business of extracting or of extracting and refining or reducing
minerals other than petroleum, except persons having a free and
unencumbered title to the fee of the property being worked and except
mining partnerships in respect to the members of the partnership,
shall fail or neglect, before commencing work in any period for which
a single payment of wages is made, to have on hand or on deposit
with a bank or trust company, in the county where such property is
located or if there is no bank or trust company in the county, then
in the bank or trust company nearest the property, cash or readily
salable securities of a market value sufficient to pay the wages of
every person employed on the mining property, or in connection
therewith, for such period.
Any person, or agent or officer thereof, who violates this section
is guilty of a misdemeanor.
270.5. (a) No person, agent or officer thereof, or logging
contractor, or sawmill operations contractor, engaged in the business
of logging or operating a sawmill for converting logs into lumber,
except in the case of logging or sawmill operations of persons having
a free and unencumbered title to the fee of real property in this
state, of a market value sufficient to pay the wages of every person
employed in connection with such operations in any period for which a
single payment of wages is made, shall fail or neglect, before
commencing work in any period for which such single payment of wages
is made, or for four calendar weeks, whichever is the longer, to do
one of the following:
(1) Have on hand or on deposit with a bank or trust company, in
the county where such business is conducted, or if there is no bank
or trust company in the county, then in the bank or trust company
nearest such operations, cash or readily salable securities of a
market value sufficient to pay the wages of every person employed in
connection with such operations for such period.
(2) Deposit with the Labor Commissioner the bond of a surety
company authorized to do business within the state, acceptable to the
Labor Commissioner, conditioned upon the payment of all wages found
by the Labor Commissioner to be due and unpaid in connection with
such operations.
(b) The cash and securities on deposit referred to in subdivision
(a) shall not be commingled with other deposits, securities or
property of the employer and shall be held in trust and shall not be
used for any other purpose than paying the wages due employees. Such
moneys so held in trust are not subject
