Labor Code, 1937

This section says the act is to be known as the Labor Code.

“Section” means a section of this code unless another statute is specifically mentioned.

The division may combine multiple claimants into one preferred claim or lien, list their claim details in an exhibit, and join them in one cause of action when there is no valid reason to file separate causes for each employee.

This section points to other code provisions that govern preferred claims for work performed or personal services rendered.

This section says the act is named the Promote Ownership by Workers for Economic Recovery Act and may be cited by that name.

This section states legislative findings about worker cooperatives and says the Legislature wants to study whether a federated worker cooperative system could help advance the goals of the Future of Work Commission.

This section defines two terms used in the division: “Association” and “Secretary.”

A state panel must conduct a study on creating an Association of Cooperative Labor Contractors and publish it online by June 30, 2024.

The division does not pay court costs in civil actions where it is a party, except certain service-related charges. Sheriffs or marshals requested by the Labor Commissioner or a delegate must serve the summons or carry out levy actions without cost to the division, aside from keeper’s fees, service fees, and storage charges.

No filing or recording fees are payable for documents or papers used in the Labor Commissioner’s official services.

This section defines “label” for this chapter.

Certain producers, manufacturers, and sellers in California may not use labels to misstate labor-related facts about merchandise.

Certain people doing business or services for profit in California must not willfully make false claims about union members being involved in producing or providing the goods or services.

This chapter defines “forge” to mean forge, reproduce, copy, imitate, or counterfeit.

Certain California labor organizations that have lawfully adopted and registered a label or trademark get the exclusive right to own, use, and control it.

A person may not willfully forge or arrange for a forged labor-union label or trademark without written authority, if the label is used to sell goods.

A person who willfully uses or displays a labor association’s or union’s genuine label, trademark, insignia, seal, device, or advertisement without authorization or contrary to its bylaws commits a misdemeanor.

A person must not wilfully use a labor union card to get aid, assistance, or employment unless entitled to use that card under the union’s rules and regulations in this State.

Willfully wearing a California labor union button without being entitled to do so is a misdemeanor.

Employers and other persons or entities may not use unfair immigration-related practices to retaliate against people for protected workplace rights.

An employer may not use unfair immigration-related practices when verifying work authorization documents.

An employer generally must not reverify a current employee’s work eligibility at a time or in a way not required by federal law.

This section defines “reverify” and “reverifying” for this chapter.

The sheriff or marshal must state the usual service costs when returning the summons or process, and the Labor Commissioner must include those costs in a recovered judgment and pay them if enough money remains after claimants are paid.

The Legislature states that this chapter is meant to create a citation system for prompt civil sanctions against violators involving unlicensed contractors and non-independent contractors.

A person without a valid state contractor’s license who hires workers for work that requires a license can be charged a civil penalty.

A licensed state contractor who knowingly contracts for licensed independent-contractor services with a person who is not properly qualified is subject to a $200 civil penalty per person per day.

The Labor Commissioner may issue a citation if an inspection or investigation shows a person is employing workers in violation of Section 1021 or 1021.5.

This section sets deadlines and procedures for contesting a citation or civil penalty, paying the stated amount instead of contesting, and turning hearing results into a court judgment.

This section directs civil penalties collected under the chapter to be deposited in different funds depending on the date.

Employers and prospective employers generally may not use consumer credit reports for employment purposes unless the job fits a listed exception.

An employer may not fire, discriminate against, retaliate against, or otherwise take adverse action against an employee for updating personal information after a lawful name, Social Security number, or federal employment authorization change.

Private employers with 25 or more employees must reasonably accommodate employees who voluntarily enter alcohol or drug rehabilitation, unless doing so would impose undue hardship.

Employers must make reasonable efforts to protect an employee’s privacy about enrollment in an alcohol or drug rehabilitation program.

Employers are not required by this chapter to provide paid time off, but employees may use entitled sick leave to enter and participate in alcohol or drug rehabilitation.

An employee may file a complaint with the Labor Commissioner if the employee believes reasonable accommodation was denied under this chapter.

The Labor Commissioner must bring collection actions in another state’s courts when allowed by a reciprocal agreement or that state’s laws, and may assign the claims to that state’s labor agency for collection when permitted.

Employers must provide reasonable break time for an employee to express breast milk for an infant child.

Employers must provide a private lactation space and related facilities for employees who need to express milk.

An employer does not have to provide break time under this chapter if doing so would seriously disrupt the employer’s operations.

Employers may not retaliate or discriminate against an employee for exercising rights protected by this chapter, and the Labor Commissioner may cite and penalize violations.

Employers must have and share a lactation accommodation policy, and give a written response if they cannot provide compliant break time or a location.

The Labor Commissioner must, on written request, bring court actions in California for assigned wage, judgment, and demand claims from another state, but only when that state offers similar comity to California cases.

This section says Chapter 3.9 may be called the Employee Literacy Education Assistance Act.

Private employers with 25 or more employees must reasonably help an employee who says they are illiterate and asks for help enrolling in an adult literacy program, unless doing so would cause undue hardship.

The employer must make reasonable efforts to protect an employee’s privacy about an illiteracy problem.

This section says the chapter does not require an employer to give paid time off for an employee to enroll in or participate in an adult literacy education program.

An employee who discloses an illiteracy problem and satisfactorily performs the job cannot be terminated because of that disclosure.

The Labor Commissioner must provide language-access help, interpreters, and bilingual written materials for non-English-speaking persons, and may revise bilingual complaint forms at discretion.

A person, or that person’s agent or officer, must not use misrepresentation to stop a former employee from getting a job after discharge or voluntary departure.

Except as provided in Section 1057, a person, agent, or officer may not require an employee or job applicant to be photographed or fingerprinted as a condition of getting or keeping a job when the images or fingerprints would be used to the person’s detriment; doing so is a misdemeanor.

A person who knowingly lets certain employees violate sections 1050 or 1051, or who does not take all reasonable steps to stop the violation, commits a misdemeanor.

An employer or certain staff may give a truthful statement about why an employee was discharged or left, but only on special request.

A person, agent, or officer who violates sections 1050 to 1052 can be liable in a civil action for treble damages.

A public utility corporation must give an employee a service letter when the employee asks for one as the employee is leaving service.

A public utility corporation that violates Section 1055 commits a misdemeanor and may be fined $50 to $200 for each offense.

Section 1051 does not apply to certain employees of diversified or nondiversified management companies and their affiliates if federal law requires them to be fingerprinted.

The Labor Commissioner may authorize certain agency employees to issue citations and penalty assessment orders, but employees may not do so unless specifically designated, authorized, and trained by the Commissioner.

This section defines key terms used throughout the chapter for janitorial and building maintenance service contracts.

When a service contract is terminated or will be terminated, the awarding authority and contractors must exchange employee information, and the successor contractor must retain certain employees for a 60-day transition period.

An employee covered by this chapter may sue a successor contractor or subcontractor in superior court, and the court must award back pay if there is a violation.

This chapter applies only to contracts entered into on or after January 1, 2002, and it does not expand a property owner’s or awarding authority’s duties or limit their right to end a service contract or replace a contractor, except as stated in Section 1061.

This section applies to contractors that provide food and beverage services at a publicly owned entertainment venue and defines key terms for that chapter.

A local government agency may adopt ordinances for displaced janitors that are stricter than, or add enforcement provisions to, this chapter.

If part of this chapter is invalid, the rest of the chapter still applies if it can work without the invalid part.

The State Department of Health Services has enforcement authority for Welfare and Institutions Code Section 14110.65, and claims made under that section are not wage claims and are not subject to this chapter.

The Division of Labor Standards Enforcement must develop construction-industry harassment and discrimination prevention recommendations, the Director of Industrial Relations must convene an advisory committee by March 1, 2020, and the Division must report to the Legislature by January 1, 2021.

This section defines “Department,” “Director,” and “Unit” for the chapter.

The department must establish a Women in Construction Priority Unit if the Legislature appropriates money, and the director must convene an advisory committee by July 1, 2023.

The unit must provide construction-related resources and assistance for women and nonbinary individuals, employers, and project owners, and may establish interagency agreements when requested and approved.

The section states legislative findings about public transit and solid waste contracts, including the impact on displaced employees and incentives for contractors to retain qualified prior employees.

This section defines terms used in Chapter 4.6, including awarding authority, bidder, contractor, employee, person, public transit services, service contract, solid waste, and subcontractor.

Bidders on certain service contracts must disclose whether they will keep prior employees for at least 90 days, and awarding authorities must give a 10% preference to bidders who agree to do so.

An affected employee or the employee’s agent may sue the successor contractor or subcontractor, and the court must order reinstatement and back pay if it finds a violation.

An awarding authority may terminate a service contract if the contractor or subcontractor substantially breached it and a public hearing is held within 30 days.

For certain solid waste service contracts, a successor contractor or subcontractor must keep only the qualifying prior employees who would otherwise lose their jobs, with listed exceptions.

This section says the new amendments and additions do not apply to certain older contracts.

This section assigns the Division of Labor Standards Enforcement and the Labor Commissioner tasks for electrician certification, including standards, fees, cards, and related regulations, and it sets curriculum rules and exemptions.

People doing electrician work generally must be certified, and uncertified persons may not do work that requires certification.

The Division of Labor Standards Enforcement must provide electrician certification information and certification testing in required non-English languages, and work with the California Apprenticeship Council on apprenticeship program accommodations and credit procedures.

An uncertified person may do covered electrical work to gain experience only if registered, in or finished with an approved classroom curriculum, and under required supervision.

The Electrician Certification Fund is created in the State Treasury and may be spent by the department only with legislative appropriation for electrician certification program costs; it cannot be used for other purposes.

This section says tense words are read broadly: present tense includes past and future, and future tense includes present.

This section defines key terms used in the chapter.

This section allows certain signed documents to be filed using an electronic signature, subject to any restrictions or requirements adopted by the administrative director or the Workers’ Compensation Appeals Board.

The Department of Industrial Relations must establish and administer the California Workplace Outreach Program if funds are appropriated for that purpose.

This section defines key terms used in the California Workplace Outreach Program division.

The department must issue a competitive request for applications for qualified organizations, and it may require those organizations to take training.

The department must work with qualified organizations to discuss outreach topics, create and translate worker education materials, and organizations must carry out department-required changes.

The department and qualified organizations must meet at least twice a year to coordinate outreach and education, and qualified organizations must share information relevant to the department’s enforcement activities, subject to privacy and confidentiality laws.

Division 7 stays in force only until January 1, 2031, when it is repealed.

Employers must not adopt or enforce workplace rules that bar employees from politics or from running for public office, or that control employees’ political activities or affiliations.

An employer must not use threats of discharge or job loss to coerce or influence employees’ political activity or political choices.

Employers and their agents must not block or retaliate against employee disclosures, testimony, or refusal to join unlawful activity, with limited confidentiality and trade secret exceptions.

In certain Section 1102.5 retaliation proceedings, the employer must prove the action would have happened for legitimate, independent reasons.

An employee involved in a Section 1102.5 civil or administrative proceeding may ask the superior court for temporary or preliminary injunctive relief.

The court may issue temporary injunctive relief after notice is served and a reasonable-cause showing is made, but the relief cannot bar unrelated employer discipline or termination and is not stayed pending appeal.

The Attorney General must maintain a whistleblower hotline, refer calls to the appropriate authority, and keep hotline information confidential during initial review.

Employers must post a whistleblower rights-and-responsibilities list in large type, and they are compliant if they post the model list or, for certain state agencies, a qualifying notice that includes the whistleblower hotline number.

An employer or other person or entity that violates this chapter commits a misdemeanor and may face jail or fines.

In prosecutions under this chapter, the employer is responsible for the acts of managers, officers, agents, and employees.

An injured employee may recover damages from the employer for injury caused by a violation of this chapter.

This section defines “employee” broadly for certain Labor Code sections to include people employed by state and local public entities, including schools and the University of California.

This section defines key terms for the chapter, including catastrophic risk, covered employee, critical safety incident, foundation model, frontier developer, and large frontier developer.

Frontier developers must not block or retaliate against certain covered-employee disclosures, and they must give notice and, for large frontier developers, maintain an anonymous internal reporting process.

For this chapter, a loss in equity value is not treated as damage to or loss of property.

The Workers’ Compensation Appeals Board must exercise its judicial powers, and the administrative director controls the Division of Workers’ Compensation except for powers specifically given to the board.

Agreements between two or more people to act, or refrain from acting, in furtherance of a trade dispute are criminal if the same act by one person would not be a crime.

A jurisdictional strike is declared unlawful in California.

A person injured or threatened with injury by a violation may seek injunctive relief and recover resulting damages in a court with jurisdiction.

This section defines “labor organization” and “person,” and puts the burden on the plaintiff to prove that a labor organization exists under this chapter.

This section defines “jurisdictional strike.”

This section says the chapter should not be read to stop individuals from joining or staying in a labor organization, or from personally asking others to join.

The Governor appoints appeals board members with Senate consent, and members have set term lengths and salary rights.

If part of this chapter is held invalid, the rest of the chapter still remains in effect.

A person who organizes an employer-financed, employer-dominated, or employer-controlled employee group, and the employer or employer association involved, can be sued by an injured person.

Collective bargaining agreements between an employer and a labor organization are legally enforceable, and breaches can be remedied like other contracts, including through injunctive relief.

A seller-employer with a collective bargaining agreement containing a successor clause must disclose that agreement and clause to any successor employer.

Courts must award attorney’s fees in certain collective-bargaining disputes, unless the opposing party raises specified substantial issues; the section does not apply to public employment.

The Governor must appoint the appeals board chairman from among the board members. The chairman serves at the Governor’s pleasure and may name another board member to act as chairman when absent for official business, vacation, or illness.

The Legislature finds that using professional strikebreakers during strikes or lockouts harms labor relations and the public welfare.

This article’s definitions apply to how this chapter is read, unless the chapter says otherwise.

This section defines “employer” for this part of the Labor Code.

This section defines “employee” as a person who performs services for wages or salary under an express or implied employment contract for an employer.

This section defines “strike” for this code section.

This section defines “lockout” as an employer refusing to let five or more employees work because of a dispute over wages, hours, or other employment terms.

This section defines “professional strikebreaker” and related terms such as “repeated occasions,” “employment for the duration of such strike or lockout,” “employment,” and “supervisorial personnel.”

An employer must not knowingly and willingly use a professional strikebreaker to replace employees involved in a strike or lockout at a business location in this state.

A professional strikebreaker may not knowingly and willingly offer himself for employment or replace employees involved in a strike or lockout at a business in this state.

Anyone who violates this chapter may be fined up to $1,000, jailed up to 90 days, or both.

If part of this chapter is finally held invalid by a competent court, the rest of the chapter is not affected and remains in force; the chapter is declared severable.

Employers may not retaliate against employees for refusing employer communications about religious or political matters, and workers must still be paid if they skip a covered meeting while working.

Certain officers, members, associations, or organizations involved in a labor dispute are not liable for unlawful acts of individual officers, members, or agents unless there is clear proof of their actual participation or actual authorization.

Courts may not issue injunctions in labor-dispute cases unless the statute’s hearing, notice, findings, and security requirements are met.

A complainant in a labor dispute cannot get a restraining order or injunctive relief if they have not complied with legal obligations or have not made every reasonable effort to settle the dispute.

A court may issue a restraining order or injunction in a labor dispute only after filing findings of fact, and any order must be limited to the specific acts complained of and found by the court.

This section says “labor dispute” means the same thing as in specified clauses of Section 527.3 of the Code of Civil Procedure.

Sections 1138.1, 1138.2, and 1138.3 do not apply to peace officers defined in the Penal Code.

In an emergency condition, an employer may not retaliate against employees for leaving or refusing to report to an unsafe workplace, and may not stop employees from using a mobile or other communications device for emergency-related safety purposes.

This part must be known as the Alatorre-Zenovich-Dunlap-Berman Agricultural Labor Relations Act of 1975, and it may also be referred to by that name.

California states a policy to protect agricultural employees’ rights to organize, choose representatives, bargain collectively, and be free from employer interference or coercion.

This section defines key terms used in this part, including agriculture, agricultural employee, agricultural employer, labor organization, and supervisor, and it excludes some construction, logging, land leveling, and surveying work from coverage.

The board has exclusive jurisdiction to decide whether any person or entity meets one or more definitions in Section 1140.4.

Creates the Agricultural Labor Relations Board, sets its membership and appointment process, gives it exclusive jurisdiction over administration of this part, and allows the Governor to remove members for cause after notice and hearing.

The board must keep a phone line open 24/7 and provide or refer callers for help about rights, responsibilities, and agricultural labor disputes.

The board must submit a written report to the Legislature and the Governor at the end of each fiscal year.

The board may make, amend, and rescind rules and regulations needed to carry out this part, following the procedure stated in the Government Code.

This section limits when certain Government Code hearing provisions apply to board hearings, and allows a person involved in certain preliminary determinations to serve in multiple roles in an unfair labor practice charge hearing.

The board may appoint certain staff and lawyers as needed, and its appointed employees must carry out their duties objectively and impartially.

The board may delegate its powers to a group of at least three board members. A vacancy does not stop the remaining members from exercising the board’s powers, and three members always make a quorum.

Each board member is entitled to the salary set by the referenced Government Code chapter.

The board may follow National Labor Relations Act precedents as persuasive authority, but it does not have to follow them if it considers that inappropriate.

This section creates the board’s general counsel, gives that office hiring and supervisory powers, and requires appointed employees to act objectively and without bias.

The board must finish certain monetary-remedy determinations within one year, with a limited good-cause exception.

The appeals board generally acts by majority vote. The chairman must assign reconsideration cases to three members, rotate those assignments, and keep the member mix from becoming fixed. Three-member cases are normally decided only by those members unless reassigned or reconsidered as stated.

Board members and the board’s general counsel may be reappointed, but they must not have any other business, vocation, or employment.

The board may inspect, copy, and subpoena evidence and witnesses for hearings and investigations, and the court may compel obedience if a subpoena is ignored.

The board can require witnesses to testify and produce evidence, even if it may incriminate them, and it can grant immunity only after giving required notice to district attorneys and handling objections as stated.

Any party has the right to appear at any hearing in person, by counsel, or by another representative.

The board’s complaints, orders, and other papers may be served by personal delivery, registered mail, telegraph, or by leaving a copy at the recipient’s principal office or place of business.

State departments and agencies must provide the board, on request, with non-privileged records, papers, and information they possess about matters before the board.

A person may not willfully resist, prevent, impede, or interfere with the board, its agents, or its agencies while they are performing duties under this part.

Employees have the right to organize, join or help labor organizations, bargain collectively, engage in concerted activities, and refrain from those activities, subject to a possible union-security exception.

Agricultural employers are barred from a list of unfair labor practices, including interfering with employees’ labor rights, controlling labor organizations, discrimination tied to union membership, retaliation, and refusing good-faith bargaining with certified labor organizations.

Labor organizations and their agents are prohibited from using coercion, discrimination, bad-faith bargaining refusals, secondary-pressure tactics, excessive fees, or picketing aimed at forced recognition or bargaining in the situations described here.

Labor organizations and the employer may not make agreements that require the employer to stop handling or doing business with other persons, subject to stated exceptions.

An employer, labor organization, or their agents must not willfully arrange for people to become employees mainly so they can vote in elections.

Expressing views, arguments, or opinions is not evidence of an unfair labor practice if it includes no threat of reprisal or force, and no promise of benefit.

Agricultural employers and employee representatives must bargain in good faith, but neither side must agree to a proposal or make a concession.

If an agricultural collective-bargaining contract is being ended or changed, the party seeking the change must give notice, meet and confer, notify the California Conciliation Service if there is still a dispute, and keep the contract in force during the stated period.

Certain agricultural employers and related agents must not give money or anything of value to employee representatives, agricultural labor organizations, or certain employees for influence purposes.

A person may not request, demand, receive, accept, or agree to receive or accept any payment, loan, or other thing of value that Section 1155.4 prohibits.

Section 1155.6 says Sections 1155.4 and 1155.5 do not apply to matters covered by subsection (c) of Section 186 of Title 29 of the U.S. Code.

This chapter does not apply to a labor organization when it represents workers who are not agricultural employees.

The bargaining unit is all agricultural employees of an employer, and if those employees work in two or more noncontiguous areas, the board must determine the appropriate unit or units for a secret ballot election.