Labor Code — Part 6 | LAB — United States — California law | Esheria

Labor Code

Part 6 of 13 · provisions 1,001–1,200

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

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About this statute

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.

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Provisions of Labor Code

Showing 200 of 2,599

  1. 2781.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1.5. Worker Status: Employees [2775 - 2787] ( Article 1.5 added by Stats. 2020, Ch. 38, Sec. 2. )

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    This section says Section 2775 and Dynamex do not apply to certain construction subcontracting relationships, and worker status is instead determined under Section 2750.5 and Borello if the listed criteria are met.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1.5. Worker Status: Employees [2775 - 2787] ( Article 1.5 added by Stats. 2020, Ch. 38, Sec. 2. ) ## 2781. Section 2775 and the holding in Dynamex do not apply to the relationship between a contractor and an individual performing work pursuant to a subcontract in the construction industry, and instead the determination of whether the individual is an employee of the contractor shall be governed by Section 2750.5 and by Borello, if the contractor demonstrates that all the following criteria are satisfied: (a) The subcontract is in writing. (b) The subcontractor is licensed by the Contractors State License Board and the work is within the scope of that license. (c) If the subcontractor is domiciled in a jurisdiction that requires the subcontractor to have a business license or business tax registration, the subcontractor has the required business license or business tax registration. (d) The subcontractor maintains a business location that is separate from the business or work location of the contractor. (e) The subcontractor has the authority to hire and to fire other persons to provide or to assist in providing the services. (f) The subcontractor assumes financial responsibility for errors or omissions in labor or services as evidenced by insurance, legally authorized indemnity obligations, performance bonds, or warranties relating to the labor or services being provided. (g) The subcontractor is customarily engaged in an independently established business of the same nature as that involved in the work performed. (h) (1) Subdivision (b) shall not apply to a subcontractor providing construction trucking services for which a contractor’s license is not required by Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code, provided that all of the following criteria are satisfied: (A) The subcontractor is a business entity formed as a sole proprietorship, partnership, limited liability company, limited liability partnership, or corporation. (B) For work performed after January 1, 2020, the subcontractor is registered with the Department of Industrial Relations as a public works contractor pursuant to Section 1725.5, regardless of whether the subcontract involves public work. (C) The subcontractor utilizes its own employees to perform the construction trucking services, unless the subcontractor is a sole proprietor who operates their own truck to perform the entire subcontract and holds a valid motor carrier permit issued by the Department of Motor Vehicles. (D) The subcontractor negotiates and contracts with, and is compensated directly by, the licensed contractor. (2) For work performed after January 1, 2020, any business entity that provides construction trucking services to a licensed contractor utilizing more than one truck shall be deemed the employer for all drivers of those trucks. (3) For purposes of this subdivision, “construction trucking services” mean hauling and trucking services provided in the construction industry pursuant to a contract with a licensed contractor utilizing vehicles that require a commercial driver’s license to operate or have a gross vehicle weight rating of 26,001 or more pounds. (4) This subdivision shall only apply to work performed before January 1, 2025. (5) Nothing in this subdivision prohibits an individual who owns their truck from working as an employee of a trucking company and utilizing that truck in the scope of that employment. An individual employee providing their own truck for use by an employer trucking company shall be reimbursed by the trucking company for the reasonable expense incurred for the use of the employee-owned truck. (Amended by Stats. 2021, Ch. 422, Sec. 2. (AB 1561) Effective January 1, 2022.)
  2. 2782.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1.5. Worker Status: Employees [2775 - 2787] ( Article 1.5 added by Stats. 2020, Ch. 38, Sec. 2. )

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    For a data aggregator and research subject relationship, Section 2775 and Dynamex do not apply if three listed conditions are met, and Borello applies instead.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1.5. Worker Status: Employees [2775 - 2787] ( Article 1.5 added by Stats. 2020, Ch. 38, Sec. 2. ) ## 2782. (a) Section 2775 and the holding in Dynamex do not apply to the relationship between a data aggregator and a research subject, and instead the holding in Borello shall apply, if all of the following conditions are satisfied: (1) The research subject is free from control and direction with respect to the substance and content of the feedback. (2) The nature of the feedback requested requires the research subject to exercise independent judgment and discretion. (3) The research subject has the ability to reject feedback requests, without being penalized in any form by the data aggregator. (b) As used in this section: (1) “Data aggregator” is a business, research institution, or organization that requests and gathers feedback on user interface, products, services, people, concepts, ideas, offerings, or experiences from research subjects willing to provide it. (2) “Research subject” is any person who willingly engages with a data aggregator in order to provide individualized feedback on user interface, products, services, people, concepts, ideas, offerings, or experiences, and does not engage solely for the purposes of completing individual tasks, except as the tasks relate to providing such feedback. (Amended by Stats. 2021, Ch. 422, Sec. 3. (AB 1561) Effective January 1, 2022.)
  3. 2783.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1.5. Worker Status: Employees [2775 - 2787] ( Article 1.5 added by Stats. 2020, Ch. 38, Sec. 2. )

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    This section exempts listed occupations from Section 2775 and Dynamex and says their worker-status questions are governed by Borello instead.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1.5. Worker Status: Employees [2775 - 2787] ( Article 1.5 added by Stats. 2020, Ch. 38, Sec. 2. ) ## 2783. Section 2775 and the holding in Dynamex do not apply to the following occupations as defined in the paragraphs below, and instead, the determination of employee or independent contractor status for individuals in those occupations shall be governed by Borello: (a) A person or organization that is licensed by the Department of Insurance pursuant to Chapter 5 (commencing with Section 1621), Chapter 6 (commencing with Section 1760), or Chapter 8 (commencing with Section 1831) of Part 2 of Division 1 of the Insurance Code or a person who provides underwriting inspections, premium audits, risk management, claims adjusting, third-party administration consistent with use of the term “third-party administrator,” as defined in subdivision (cc) of Section 10112.1 of Title 8 of the California Code of Regulations, or loss control work for the insurance and financial service industries. (b) A physician and surgeon, dentist, podiatrist, psychologist, or veterinarian licensed by the State of California pursuant to Division 2 (commencing with Section 500) of the Business and Professions Code, performing professional or medical services provided to or by a health care entity, including an entity organized as a sole proprietorship, partnership, or professional corporation as defined in Section 13401 of the Corporations Code. Nothing in this subdivision shall circumvent, undermine, or restrict the rights under federal law to organize and collectively bargain. (c) An individual who holds an active license from the State of California and is practicing one of the following recognized professions: lawyer, architect, landscape architect, engineer, private investigator, or accountant. (d) A securities broker-dealer or investment adviser or their agents and representatives that are either of the following: (1) Registered with the Securities and Exchange Commission or the Financial Industry Regulatory Authority. (2) Licensed by the State of California under Chapter 2 (commencing with Section 25210) or Chapter 3 (commencing with Section 25230) of Division 1 of Part 3 of Title 4 of the Corporations Code. (e) A direct sales salesperson as described in Section 650 of the Unemployment Insurance Code, so long as the conditions for exclusion from employment under that section are met. (f) A manufactured housing salesperson, subject to all obligations under Part 2 (commencing with Section 18000) of Division 13 of the Health and Safety Code, including all regulations promulgated by the Department of Housing and Community Development relating to manufactured home salespersons and all other obligations of manufactured housing salespersons to members of the public. The statutorily imposed duties of a manufactured housing dealer under Section 18060.5 of the Health and Safety Code are not factors to be considered under the Borello test. (g) A commercial fisher working on an American vessel. (1) For the purposes of this subdivision: (A) “American vessel” has the same meaning as defined in Section 125.5 of the Unemployment Insurance Code. (B) “Commercial fisher” means a person who has a valid, unrevoked commercial fishing license issued pursuant to Article 3 (commencing with Section 7850) of Chapter 1 of Part 3 of Division 6 of the Fish and Game Code. (C) “Working on an American vessel” means the taking or the attempt to take fish, shellfish, or other fishery resources of the state by any means, and includes each individual aboard an American vessel operated for fishing purposes who participates directly or indirectly in the taking of these raw fishery products, including maintaining the vessel or equipment used aboard the vessel. However, “working on an American vessel” does not apply to anyone aboard a licensed commercial fishing vessel as a visitor or guest who does not directly or indirectly participate in the taking. (2) For the purposes of this subdivision, a commercial fisher working on an American vessel is eligible for unemployment insurance benefits if they meet the definition of “employment” in Section 609 of the Unemployment Insurance Code and are otherwise eligible for those benefits pursuant to the provisions of the Unemployment Insurance Code. (3) (A) Notwithstanding Section 10231.5 of the Government Code, on or before March 1, 2021, and each June 30 thereafter, the Employment Development Department shall issue an annual report to the Legislature on the use of unemployment insurance in the commercial fishing industry. This report shall include, but not be limited to, all of the following: (i) Reporting the number of commercial fishers who apply for unemployment insurance benefits. (ii) The number of commercial fishers who have their claims disputed. (iii) The number of commercial fishers who have their claims denied. (iv) The number of commercial fishers who receive unemployment insurance benefits. (B) The report required by this subparagraph shall be submitted in compliance with Section 9795 of the Government Code. (4) This subdivision shall become inoperative on January 1, 2031, unless extended by the Legislature. (h) (1) A newspaper distributor working under contract with a newspaper publisher, as defined in paragraph (2), or a newspaper carrier. (2) For purposes of this subdivision: (A) “Newspaper” means a newspaper of general circulation, as defined in Section 6000 or 6008 of the Government Code, and any other publication circulated to the community in general as an extension of or substitute for that newspaper’s own publication, whether that publication be designated a “shoppers’ guide,” as a zoned edition, or otherwise. “Newspaper” may also be a publication that is published in print and that may be posted in a digital format, and distributed periodically at daily, weekly, or other short intervals, for the dissemination of news of a general or local character and of a general or local interest. (B) “Publisher” means the natural or corporate person that manages the newspaper’s business operations, including circulation. (C) “Newspaper distributor” means a person or entity that contracts with a publisher to distribute newspapers to the community. (D) “Newspaper carrier” means a person who effects physical delivery of the newspaper to the customer or reader, who is not working as an app-based driver, as defined in Chapter 10.5 (commencing with Section 7448) of Division 3 of the Business and Professions Code, during the time when the newspaper carrier is performing the newspaper delivery services. (3) (A) On or before March 1, 2025, March 1, 2026, March 1, 2027, March 1, 2028, and March 1, 2029, every newspaper publisher or distributor that hires or directly contracts with newspaper carriers shall submit to the Labor and Workforce Development Agency, in a manner prescribed by the agency and in conformity with existing law, the following information related to their workforce for the current year: (i) The number of carriers for which the publisher or distributor paid payroll taxes in the previous year and the number of carriers for which the publisher or distributor did not pay payroll taxes in the previous year. (ii) The average wage rate paid to carriers classified as independent contractors and as employees. (iii) The number of carrier wage claims filed, if any, with the Labor Commissioner or in a court of law. (B) For the March 1, 2025, reporting date only, every newspaper publisher and distributor shall also report the number of carrier wage claims filed with the Labor Commissioner or in a court of law for the preceding three years. (C) Information that is submitted shall only be disclosed in accordance with Section 7927.705 of the Government Code, relating to trade secrets or other proprietary business information. (4) This subdivision shall become inoperative on January 1, 2030, unless extended by the Legislature. (i) An individual who is engaged by an international exchange visitor program that has obtained and maintains full official designation by the United States Department of State under Part 62 (commencing with Section 62.1) of Title 22 of the Code of Federal Regulations for the purpose of conducting, instead of participating in, international and cultural exchange visitor programs and is in full compliance with Part 62 (commencing with Section 62.1) of Title 22 of the Code of Federal Regulations. (j) A competition judge with a specialized skill set or expertise providing services that require the exercise of discretion and independent judgment to an organization for the purposes of determining the outcome or enforcing the rules of a competition. This includes, but is not limited to, an amateur umpire or referee. (Amended by Stats. 2025, Ch. 305, Sec. 2. (AB 1514) Effective January 1, 2026.)
  4. 2784.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1.5. Worker Status: Employees [2775 - 2787] ( Article 1.5 added by Stats. 2020, Ch. 38, Sec. 2. )

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    For certain motor clubs, section 2775 and Dynamex do not apply to services performed under a specified third-party contract, if the motor club shows the third party is separate and independent.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1.5. Worker Status: Employees [2775 - 2787] ( Article 1.5 added by Stats. 2020, Ch. 38, Sec. 2. ) ## 2784. Section 2775 and the holding in Dynamex do not apply to the relationship between a motor club holding a certificate of authority issued pursuant to Chapter 2 (commencing with Section 12160) of Part 5 of Division 2 of the Insurance Code and an individual performing services pursuant to a contract between the motor club and a third party to provide motor club services utilizing the employees and vehicles of the third party and, instead, the determination of whether such an individual is an employee of the motor club shall be governed by Borello, if the motor club demonstrates that the third party is a separate and independent business from the motor club. (Added by Stats. 2020, Ch. 38, Sec. 2. (AB 2257) Effective September 4, 2020.)
  5. 2785.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1.5. Worker Status: Employees [2775 - 2787] ( Article 1.5 added by Stats. 2020, Ch. 38, Sec. 2. )

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    This section says the article generally applies to work performed on or after January 1, 2020, but with exceptions for subdivisions (a) and (b). A hiring entity that proves compliance with any one of Sections 2776 to 2784 avoids Section 2775 and Dynamex, and Borello controls instead.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1.5. Worker Status: Employees [2775 - 2787] ( Article 1.5 added by Stats. 2020, Ch. 38, Sec. 2. ) ## 2785. (a) Section 2775 does not constitute a change in, but is declaratory of, existing law with regard to wage orders of the Industrial Welfare Commission and violations of this code relating to wage orders. (b) Insofar as the application of Sections 2776 to Section 2784 would relieve an employer from liability, those sections shall apply retroactively to existing claims and actions to the maximum extent permitted by law. (c) Except as provided in subdivisions (a) and (b) of this section, this article shall apply to work performed on or after January 1, 2020. (d) If a hiring entity can demonstrate compliance with all of conditions set forth in any one of Sections 2776 to 2784, inclusive, then Section 2775 and the holding in Dynamex do not apply to that entity, and instead the determination of an individual’s employment status as an employee or independent contractor shall be governed by Borello. (Added by Stats. 2020, Ch. 38, Sec. 2. (AB 2257) Effective September 4, 2020.)
  6. 2786.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1.5. Worker Status: Employees [2775 - 2787] ( Article 1.5 added by Stats. 2020, Ch. 38, Sec. 2. )

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    The Attorney General, district attorney, certain city attorneys, and some city prosecutors may bring an injunction action to stop continued employee misclassification as independent contractor misclassification.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1.5. Worker Status: Employees [2775 - 2787] ( Article 1.5 added by Stats. 2020, Ch. 38, Sec. 2. ) ## 2786. In addition to any other remedies available, an action for injunctive relief to prevent the continued misclassification of employees as independent contractors may be prosecuted against the putative employer in a court of competent jurisdiction by the Attorney General, by a district attorney, or by a city attorney of a city having a population in excess of 750,000, or by a city attorney in a city and county or, with the consent of the district attorney, by a city prosecutor in a city having a full-time city prosecutor in the name of the people of the State of California upon their own complaint or upon the complaint of a board, officer, person, corporation, or association. (Added by Stats. 2020, Ch. 38, Sec. 2. (AB 2257) Effective September 4, 2020.)
  7. 2787.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1.5. Worker Status: Employees [2775 - 2787] ( Article 1.5 added by Stats. 2020, Ch. 38, Sec. 2. )

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    This section says the article is severable: if part of it or its application is invalid, the rest can still stand if it can work without the invalid part.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1.5. Worker Status: Employees [2775 - 2787] ( Article 1.5 added by Stats. 2020, Ch. 38, Sec. 2. ) ## 2787. The provisions of this Article are severable. If any provision of this Article or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (Added by Stats. 2020, Ch. 38, Sec. 2. (AB 2257) Effective September 4, 2020.)
  8. 28.

    ## Labor Code - LAB ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 90. )

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    For injuries on or after January 1, 1991, “independent medical examiner” means “qualified medical evaluator.”

    ## Labor Code - LAB ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 90. ) ## 28. For injuries occurring on and after January 1, 1991, whenever the term “independent medical examiner” is used in this code, the term shall mean “qualified medical evaluator.” (Amended by Stats. 1990, Ch. 1550, Sec. 5.)
  9. 280.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 1. COMPENSATION [200 - 452] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment of Wages [200 - 281] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 4. Elective Compensation Under The Inflation Reduction Act [280 - 281] ( Article 4 added by Stats. 2025, Ch. 220, Sec. 1. )

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    The Legislature states its intent to support renewable energy projects and higher clean-energy wages by using tax incentives tied to the Inflation Reduction Act.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 1. COMPENSATION [200 - 452] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment of Wages [200 - 281] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 4. Elective Compensation Under The Inflation Reduction Act [280 - 281] ( Article 4 added by Stats. 2025, Ch. 220, Sec. 1. ) ## 280. It is the intent of the Legislature to do all of the following: (a) Facilitate the construction, rebuild, repowering, and repair of facilities that advance the state’s goals for the use of renewable energy in retail electricity sales including the use of tax incentives available to qualified projects and facilities pursuant to the Inflation Reduction Act of 2022 (Public Law 117-169). (b) Support Inflation Reduction Act of 2022 (Public Law 117-169) provisions that promote the creation of high-paying clean energy jobs by authorizing larger tax incentives for taxpayers who voluntarily pay qualified clean energy project workers wages that are on par with regional prevailing wages. In furtherance of this goal, the act allows taxpayers to qualify for larger tax incentives by retroactively paying workers the difference between actual wages paid and the prevailing wage for the locality where the qualified project is located, plus interest and other penalties. (c) Support taxpayers and employers who voluntarily pay higher wages to clean energy workers in order to qualify for the larger tax incentives provided by the Inflation Reduction Act of 2022 (Public Law 117-169) to shield those taxpayers and employers from penalties or litigation for so doing. (Added by Stats. 2025, Ch. 220, Sec. 1. (SB 400) Effective October 1, 2025. Repeal operative January 1, 2029, pursuant to Section 281.)
  10. 2800.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Obligations of Employer [2800 - 2810.8] ( Article 2 enacted by Stats. 1937, Ch. 90. )

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    An employer must indemnify an employee for losses caused by the employer’s lack of ordinary care.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Obligations of Employer [2800 - 2810.8] ( Article 2 enacted by Stats. 1937, Ch. 90. ) ## 2800. An employer shall in all cases indemnify his employee for losses caused by the employer’s want of ordinary care. (Enacted by Stats. 1937, Ch. 90.)
  11. 2800.1.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Obligations of Employer [2800 - 2810.8] ( Article 2 enacted by Stats. 1937, Ch. 90. )

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    An employer must take reasonable and necessary precautions to protect an employed musician’s instruments and equipment on premises under the employer’s control.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Obligations of Employer [2800 - 2810.8] ( Article 2 enacted by Stats. 1937, Ch. 90. ) ## 2800.1. An employer shall in all cases take reasonable and necessary precautions to safeguard musical instruments and equipment, belonging to an employed musician, located on premises under the employer’s control. In the event such equipment is damaged or stolen as a result of the employer’s failure or refusal to take such reasonable and necessary precautions, the employer shall be liable to the owner for repair or replacement thereof if the employed musician has taken reasonable and necessary precautions to safeguard the musical instruments and equipment. For the purposes of this section: (a) “employer” includes a purchaser of services and the owner of premises upon which an employed musician is working; and (b) “employee” is any employed musician working on premises which are under an employer’s control. (Added by Stats. 1973, Ch. 497.)
  12. 2800.2.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Obligations of Employer [2800 - 2810.8] ( Article 2 enacted by Stats. 1937, Ch. 90. )

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    Covered employers and similar entities must notify employees or members about conversion coverage, and certain COBRA-related coverage notices must also tell former employees and spouses about continuation coverage. After July 1, 2006, the notice must include a warning about comparing options before declining coverage.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Obligations of Employer [2800 - 2810.8] ( Article 2 enacted by Stats. 1937, Ch. 90. ) ## 2800.2. (a) Any employer, employee association, or other entity otherwise providing hospital, surgical, or major medical benefits to its employees or members is solely responsible for notification of its employees or members of the conversion coverage made available pursuant to Part 6.1 (commencing with Section 12670) of Division 2 of the Insurance Code or Section 1373.6 of the Health and Safety Code. (b) Any employer, employee association, or other entity, whether private or public, that provides hospital, medical, or surgical expense coverage that a former employee may continue under Section 4980B of Title 26 of the United States Code, Section 1161 et seq. of Title 29 of the United States Code, or Section 300bb of Title 42 of the United States Code, as added by the Consolidated Omnibus Budget Reconciliation Act of 1985 (Public Law 99-272), and as may be later amended (hereafter “COBRA”), shall, in conjunction with the notification required by COBRA that COBRA continuation coverage will cease and conversion coverage is available, and as a part of the notification required by subdivision (a), also notify the former employee, spouse, or former spouse of the availability of the continuation coverage under Section 1373.621 of the Health and Safety Code, and Sections 10116.5 and 11512.03 of the Insurance Code. (c) On or after July 1, 2006, notification provided to employees, members, former employees, spouses, or former spouses under subdivisions (a) and (b) shall also include the following notification: “Please examine your options carefully before declining this coverage. You should be aware that companies selling individual health insurance typically require a review of your medical history that could result in a higher premium or you could be denied coverage entirely.” (Amended by Stats. 2005, Ch. 526, Sec. 8. Effective January 1, 2006.)
  13. 2800.3.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Obligations of Employer [2800 - 2810.8] ( Article 2 enacted by Stats. 1937, Ch. 90. )

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    Most employers must make conversion coverage available, unless they are a self-insurer, an employee association, or another entity already providing hospital, surgical, or major medical benefits.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Obligations of Employer [2800 - 2810.8] ( Article 2 enacted by Stats. 1937, Ch. 90. ) ## 2800.3. Any employer, other than a self-insurer, employee association or other entity otherwise providing hospital, surgical or major medical benefits to its employees or members shall also make available conversion coverage which complies with the provisions of Part 6.1 (commencing with Section 12670) of Division 2 of the Insurance Code and Section 1373.6 of the Health and Safety Code. (Added by Stats. 1981, Ch. 1096, Sec. 4. Operative January 1, 1983, by Sec. 5 of Ch. 1096.)
  14. 2801.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Obligations of Employer [2800 - 2810.8] ( Article 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    In certain employee injury or death cases, contributory negligence does not bar recovery if the employee’s negligence was slight and the employer’s was gross. Assumption of risk and fellow-servant negligence are not defenses, and contracts or regulations cannot waive this section.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Obligations of Employer [2800 - 2810.8] ( Article 2 enacted by Stats. 1937, Ch. 90. ) ## 2801. In any action to recover damages for a personal injury sustained within this State by an employee while engaged in the line of his duty or the course of his employment as such, or for death resulting from personal injury so sustained, in which recovery is sought upon the ground of want of ordinary or reasonable care of the employer, or of any officer, agent or servant of the employer, the fact that such employee has been guilty of contributory negligence shall not bar a recovery therein where his contributory negligence was slight and that of the employer was gross, in comparison, but the damages may be diminished by the jury in proportion to the amount of negligence attributable to such employee. It shall be conclusively presumed that such employee was not guilty of contributory negligence in any case where the violation of any law enacted for the safety of employees contributed to such employee’s injury. It shall not be a defense that: (a) The employee either expressly or impliedly assumed the risk of the hazard complained of. (b) The injury or death was caused in whole or in part by the want of ordinary or reasonable care of a fellow servant. No contract, or regulation, shall exempt the employer from any provisions of this section. (Enacted by Stats. 1937, Ch. 90.)
  15. 2802.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Obligations of Employer [2800 - 2810.8] ( Article 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    An employer must reimburse an employee for necessary expenses or losses caused by the employee’s job duties or by following the employer’s directions, unless the employee knew the directions were unlawful when obeying them.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Obligations of Employer [2800 - 2810.8] ( Article 2 enacted by Stats. 1937, Ch. 90. ) ## 2802. (a) An employer shall indemnify his or her employee for all necessary expenditures or losses incurred by the employee in direct consequence of the discharge of his or her duties, or of his or her obedience to the directions of the employer, even though unlawful, unless the employee, at the time of obeying the directions, believed them to be unlawful. (b) All awards made by a court or by the Division of Labor Standards Enforcement for reimbursement of necessary expenditures under this section shall carry interest at the same rate as judgments in civil actions. Interest shall accrue from the date on which the employee incurred the necessary expenditure or loss. (c) For purposes of this section, the term “necessary expenditures or losses” shall include all reasonable costs, including, but not limited to, attorney’s fees incurred by the employee enforcing the rights granted by this section. (d) In addition to recovery of penalties under this section in a court action or proceedings pursuant to Section 98, the commissioner may issue a citation against an employer or other person acting on behalf of the employer who violates reimbursement obligations for an amount determined to be due to an employee under this section. The procedures for issuing, contesting, and enforcing judgments for citations or civil penalties issued by the commissioner shall be the same as those set forth in Section 1197.1. Amounts recovered pursuant to this section shall be paid to the affected employee. (Amended by Stats. 2015, Ch. 783, Sec. 4. (AB 970) Effective January 1, 2016.)
  16. 2802.1.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Obligations of Employer [2800 - 2810.8] ( Article 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    This section limits employer retaliation and defines when employer-required training expenses count as employee expenditures for direct patient care workers in general acute care hospitals.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Obligations of Employer [2800 - 2810.8] ( Article 2 enacted by Stats. 1937, Ch. 90. ) ## 2802.1. (a) (1) Section 2802 applies to any expense or cost of any employer-provided or employer-required educational program or training for an employee providing direct patient care or an applicant for direct patient care employment. Those expenses or costs shall constitute a necessary expenditure or loss incurred by the employee in direct consequence of the discharge of the employee’s duties, as that phrase is used in Section 2802. (2) For purposes of this section, “employer-provided or employer-required educational program or training” includes, but is not limited to, residencies, orientations, or competency validations necessary for direct patient care employment. “Employer-provided or employer-required educational program or training” does not include either of the following: (A) Requirements for a license, registration, or certification necessary to legally practice in a specific employee classification to provide direct patient care. (B) Education or training that is voluntarily undertaken by the employee or applicant solely at their discretion. (b) An employer, or any person acting on behalf of the employer, shall not retaliate against an applicant for employment or employee for refusing to enter into a contract or agreement that violates subdivision (a). (c) This section shall only apply to applicants for employment and employees providing direct patient care for an employer for a “general acute care hospital,” as defined in subdivision (a) of Section 1250 of the Health and Safety Code. (d) In addition to injunctive relief and any other remedies available, a court shall award, in any action brought pursuant to this section, a prevailing plaintiff reasonable attorney’s fees and costs. (e) This section is declaratory of and clarifies existing law with respect to employer-required training for employees. (Added by Stats. 2020, Ch. 351, Sec. 2. (AB 2588) Effective January 1, 2021.)
  17. 2802.2.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Obligations of Employer [2800 - 2810.8] ( Article 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    In construction trucking, eligible drivers are entitled to reimbursement for certain vehicle costs, and the reimbursement amount must be negotiated and meet minimum limits.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Obligations of Employer [2800 - 2810.8] ( Article 2 enacted by Stats. 1937, Ch. 90. ) ## 2802.2. (a) Section 2802 applies to the use of a vehicle, including a personal vehicle or a commercial vehicle, owned by an employee and used by that employee in the discharge of their duties. This subdivision is declarative of existing law. (b) (1) With respect to construction trucking, a commercial motor vehicle driver who owns the truck, tractor, trailer, or other commercial vehicle that they use in the discharge of their duties as an employee working for an employer is entitled to reimbursement for the use, upkeep, and depreciation of that truck, tractor, trailer, or other commercial vehicle. This subdivision applies whether the vehicle is owned by the driver as an individual or whether the vehicle is owned by the driver through a corporate entity. This paragraph is declarative of existing law. (2) (A) The amount to be reimbursed for the use of the truck, tractor, or trailer shall be negotiated either by the driver and the employer, or by a labor union representing that driver and the employer. The amount negotiated shall be either a flat rate reimbursement or a per-mile reimbursement, but in no case shall the amount negotiated be less than the actual amount expended by the driver for a flat rate reimbursement or less than the standard mileage reimbursement rate set by the Internal Revenue Service for the time the services were provided for a per-mile reimbursement. (B) An amount owed to a driver under this section may be paid directly to the driver in the driver’s name, or may be paid to a corporate entity owned and controlled by the driver if the truck, tractor, or trailer is owned by the corporate entity rather than by the driver directly. (Added by Stats. 2025, Ch. 659, Sec. 3. (SB 809) Effective January 1, 2026.)
  18. 2803.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Obligations of Employer [2800 - 2810.8] ( Article 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    If an employee dies from an employer’s lack of ordinary or reasonable care, the employee’s personal representative may sue the employer and recover damages for specified family members.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Obligations of Employer [2800 - 2810.8] ( Article 2 enacted by Stats. 1937, Ch. 90. ) ## 2803. When death, whether instantaneously or otherwise, results from an injury to an employee caused by the want of ordinary or reasonable care of an employer or of any officer, agent, a servant of the employer, the personal representative of such employee shall have a right of action therefor against such employer, and may recover damages in respect thereof, for and on behalf of the surviving spouse, children, dependent parents, and dependent brothers and sisters, in order of precedence as stated, but no more than one action shall be brought for such recovery. (Amended by Stats. 1976, Ch. 1171.)
  19. 2803.4.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Obligations of Employer [2800 - 2810.8] ( Article 2 enacted by Stats. 1937, Ch. 90. )

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    Employers offering ERISA health benefits may not deny, reduce, or limit coverage because a person has Medi-Cal or Medicaid, and the State Department of Health Services must consider those benefits when assessing third-party liability for medical expenses.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Obligations of Employer [2800 - 2810.8] ( Article 2 enacted by Stats. 1937, Ch. 90. ) ## 2803.4. (a) Any employer providing health benefits under the Employee Retirement Income Security Act of 1974 (29 U.S.C. Sec. 1001, et seq.) shall not provide an exception for other coverage where the other coverage is entitlement to Medi-Cal benefits under Chapter 7 (commencing with Section 14000) or Chapter 8 (commencing with Section 14200) of Part 3 of Division 9 of the Welfare and Institutions Code, or medicaid benefits under Subchapter 19 (commencing with Section 1396) of Chapter 7 of Title 42 of the United States Code. Any employer providing health benefits under the Employee Retirement Income Security Act of 1974 shall not provide an exception for the Medi-Cal or medicaid benefits. (b) Any employer providing health benefits under the Employee Retirement Income Security Act of 1974 shall not provide that the benefits payable are subject to reduction if the individual insured has entitlement to Medi-Cal or medicaid benefits. (c) Any employer providing health benefits under the Employee Retirement Income Security Act of 1974 shall not provide an exception for enrollment for benefits because of an applicant’s entitlement to Medi-Cal benefits under Chapter 7 (commencing with Section 14000) or Chapter 8 (commencing with Section 14200) of Part 3 of Division 9 of the Welfare and Institutions Code, or medicaid benefits under Subchapter 19 (commencing with Section 1396) of Chapter 7 of Title 42 of the United States Code. (d) The State Department of Health Services shall consider health benefits available under the Employee Retirement Income Security Act of 1974 in determining legal liability of any third party for medical expenses incurred by a Medi-Cal or medicaid recipient under Section 14124.90 of the Welfare and Institutions Code and Subchapter 19 (commencing with Section 1396) of Chapter 7 of Title 42 of the United States Code. (Added by Stats. 1994, Ch. 147, Sec. 16. Effective July 11, 1994.)
  20. 2803.5.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Obligations of Employer [2800 - 2810.8] ( Article 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    Employers that offer health care coverage must comply with specified Family Code and Welfare and Institutions Code standards.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Obligations of Employer [2800 - 2810.8] ( Article 2 enacted by Stats. 1937, Ch. 90. ) ## 2803.5. Any employer who offers health care coverage, including employers and insurers, shall comply with the standards set forth in Chapter 7 (commencing with Section 3750) of Part 1 of Division 9 of the Family Code and Section 14124.94 of the Welfare and Institutions Code. (Amended by Stats. 1996, Ch. 1062, Sec. 28. Effective January 1, 1997.)
  21. 2804.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Obligations of Employer [2800 - 2810.8] ( Article 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    An employee cannot waive the benefits of this article by contract or agreement; any such waiver is void.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Obligations of Employer [2800 - 2810.8] ( Article 2 enacted by Stats. 1937, Ch. 90. ) ## 2804. Any contract or agreement, express or implied, made by any employee to waive the benefits of this article or any part thereof, is null and void, and this article shall not deprive any employee or his personal representative of any right or remedy to which he is entitled under the laws of this State. (Enacted by Stats. 1937, Ch. 90.)
  22. 2806.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Obligations of Employer [2800 - 2810.8] ( Article 2 enacted by Stats. 1937, Ch. 90. )

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    An employer may not stop medical, surgical, or hospital benefit coverage for employees unless it gives all covered employees written notice at least 15 days before the discontinuation.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Obligations of Employer [2800 - 2810.8] ( Article 2 enacted by Stats. 1937, Ch. 90. ) ## 2806. (a) No employer, whether private or public, shall discontinue coverage for medical, surgical, or hospital benefits for employees unless the employer has notified and advised all covered employees in writing of any discontinuation of coverage, inclusive of nonrenewal and cancellation, but not inclusive of employment termination or cases in which substitute coverage has been provided, at least 15 days in advance of such discontinuation. (b) If coverage is provided by a third party, failure of the employer to give the necessary notice shall not require the third party to continue the coverage beyond the date it would otherwise terminate. (c) This section shall not apply to any employee welfare benefit plan that is subject to the Employee Retirement Income Security Act of 1974. (Amended by Stats. 1992, Ch. 722, Sec. 8. Effective September 15, 1992.)
  23. 2807.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Obligations of Employer [2800 - 2810.8] ( Article 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    Employers must notify former employees about continued health coverage and give them a standardized Health Insurance Premium Program description; the state health department must prepare that description on request, at cost.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Obligations of Employer [2800 - 2810.8] ( Article 2 enacted by Stats. 1937, Ch. 90. ) ## 2807. (a) All employers, whether private or public, shall provide notification to former employees, along with the notification required by federal law pursuant to the Consolidated Omnibus Budget Reconciliation Act of 1985 (Public Law 99-272), of the availability of continued coverage for medical, surgical, or hospital benefits, a standardized written description of the Health Insurance Premium Program established by the State Department of Health Services pursuant to Section 120835 of the Health and Safety Code and Section 14124.91 of the Welfare and Institutions Code. The employer shall utilize the standardized written description prepared by the State Department of Health Services pursuant to subdivision (b). (b) The State Department of Health Services shall prepare and make available, on request, a standardized written description of the Health Insurance Premium Program, at cost. (Amended by Stats. 1996, Ch. 1023, Sec. 381. Effective September 29, 1996.)
  24. 2808.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Obligations of Employer [2800 - 2810.8] ( Article 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    All employers must give eligible employees a summary of health coverage benefits, and when employment ends they must notify employees of continuation, disability extension, and conversion coverage options.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Obligations of Employer [2800 - 2810.8] ( Article 2 enacted by Stats. 1937, Ch. 90. ) ## 2808. (a) It is the responsibility of all employers, whether public or private, to provide to all eligible employees an outline of coverage or similar explanation of all benefits provided under employer-sponsored health coverage, including, but not limited to, provider information for health maintenance organizations and preferred provider organizations. (b) All employers, whether public or private, shall provide to employees, upon termination, notification of all continuation, disability extension, and conversion coverage options under any employer-sponsored coverage for which the employee may remain eligible after employment with that employer terminates. (Added by Stats. 1993, Ch. 1210, Sec. 12. Effective January 1, 1994.)
  25. 2808.1.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Obligations of Employer [2800 - 2810.8] ( Article 2 enacted by Stats. 1937, Ch. 90. )

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    The Department of Industrial Relations must post on its website information about abortion and contraception benefits or services that may be available at no cost through the California Reproductive Health Equity Program, for employees whose employer-sponsored health coverage does not cover both abortion and contraception.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Obligations of Employer [2800 - 2810.8] ( Article 2 enacted by Stats. 1937, Ch. 90. ) ## 2808.1. (a) Commencing January 1, 2023, the Department of Industrial Relations shall post on its internet website information regarding abortion and contraception benefits or services that may be available at no cost through the California Reproductive Health Equity Program to employees whose employer-sponsored health coverage does not include coverage for both abortion and contraception. (b) For purposes of this section: (1) “Abortion” has the same meaning as defined in Section 123464 of the Health and Safety Code. (2) “California Reproductive Health Equity Program” means the program established pursuant to Section 127632 of the Health and Safety Code. (3) “Contraception” means the services and contraceptive methods described in paragraph (1) of subdivision (b) of Section 1367.25 of the Health and Safety Code. (Added by Stats. 2022, Ch. 562, Sec. 4. (AB 2134) Effective January 1, 2023.)
  26. 2809.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Obligations of Employer [2800 - 2810.8] ( Article 2 enacted by Stats. 1937, Ch. 90. )

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    Employers offering employer-managed deferred compensation plans must give employees specified financial disclosures before enrollment and, if they directly manage the plan’s investments, must send quarterly reports within 30 days after each quarter.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Obligations of Employer [2800 - 2810.8] ( Article 2 enacted by Stats. 1937, Ch. 90. ) ## 2809. (a) Any employer, whether private or public, that offers its employees an employer-managed deferred compensation plan shall provide to each employee, prior to the employee’s enrollment in the plan, written notice of the reasonably foreseeable financial risks accompanying participation in the plan, historical information to date as to the performance of the investments or funds available under the plan, and an annual balance sheet, annual audit, or similar document that describes the employer’s financial condition as of a date no earlier than the immediately preceding year. (b) Within 30 days after the end of each quarter of the calendar year, the employer, who directly manages the investments of a deferred compensation plan, shall provide, to each employee enrolled in a deferred compensation plan offered by the employer, a written report summarizing the current financial condition of the employer, summarizing the financial performance during the preceding quarter of each investment or fund available under the plan, and describing the actual performance of the employee’s funds that are invested in each investment or fund in the plan. (c) The obligations described in subdivisions (a) and (b) may be performed by a plan manager designated by the employer, who may contract with an investment manager for that purpose. (d) If an employee is enrolled in a deferred compensation plan that is self-directed through a financial institution, the requirements set forth in this section shall be deemed to have been met. (Added by Stats. 1996, Ch. 1160, Sec. 1. Effective January 1, 1997.)
  27. 281.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 1. COMPENSATION [200 - 452] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment of Wages [200 - 281] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 4. Elective Compensation Under The Inflation Reduction Act [280 - 281] ( Article 4 added by Stats. 2025, Ch. 220, Sec. 1. )

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    This section lets certain taxpayers, employers, contractors, or subcontractors voluntarily make retroactive wage payments for work on qualified renewable clean energy facilities, and says those payments are not violations by themselves.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 1. COMPENSATION [200 - 452] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. Payment of Wages [200 - 281] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 4. Elective Compensation Under The Inflation Reduction Act [280 - 281] ( Article 4 added by Stats. 2025, Ch. 220, Sec. 1. ) ## 281. (a) (1) Notwithstanding any other provision of law, a taxpayer, employer, contractor, or subcontractor may voluntarily make an elective or retroactive wage payment to workers who performed work on a qualified renewable clean energy facility pursuant to the Inflation Reduction Act of (Public Law 117-169). (2) An elective retroactive wage payment made pursuant to paragraph (1) does not, by itself, constitute a violation of Sections 200 to 244, inclusive, Sections 500 to 558.1, inclusive, Sections 1171 to 1207, inclusive, or Sections 2698 to 2699.8, inclusive. (b) For purposes of this article, “elective retroactive wage payment” means a payment to workers who performed work on a qualified renewable clean energy facility pursuant to provisions of the Inflation Reduction Act of 2022 (Public Law 117-169) that meets all of the following conditions: (1) The renewable clean energy facility qualified for tax incentives pursuant to the Inflation Reduction Act of 2022 (Public Law 117-169). (2) The elective retroactive wage payment is voluntarily paid to workers for work they performed installing, modifying, repairing, or replacing solar panels, inverters, battery energy storage systems, transformers, and any associated components at a facility that is eligible for federal tax incentives under the Inflation Reduction Act of 2022 (Public Law 117-169), or regulations issued by the Internal Revenue Service and the United States Department of the Treasury. (3) The facility is not a public works project, as defined in Section 1720, and would not otherwise be subject to the requirements of the Davis-Bacon Act if the facility owner, employer, contractor, or subcontractor does not apply for the federal tax incentives available pursuant to the Inflation Reduction Act of 2022 (Public Law 117-169), or pursuant to regulations issued by the Internal Revenue Service and the United States Department of the Treasury. (4) The elective retroactive wage payment is made voluntarily by the taxpayer, contractor, subcontractor, or employer pursuant to the Inflation Reduction Act of 2022 (Public Law 117-169) or regulations issued by the United States Department of the Treasury and Internal Revenue Service regarding wage requirements related to renewable electricity production tax incentives. (5) The taxpayer, employer, contractor, or subcontractor’s elective retroactive wage payment to any worker for work performed on the renewable energy facility is solely for the purpose of the application of a taxpayer, employer, contractor, or subcontractor for federal tax incentives pursuant to the Inflation Reduction Act of 2022 (Public Law 117-169), and is in addition to wages otherwise paid pursuant to applicable law. (6) The taxpayer, employer, contractor, or subcontractor is in compliance with the applicable provisions of the Inflation Reduction Act of 2022 (Public Law 117-169), and the applicable Internal Revenue Service or United States Department of the Treasury guidance and regulations related to renewable electricity production tax incentives. (c) This section does not apply to the following: (1) Claims of retaliation, discrimination, or harassment. (2) Claims for the willful classification or misclassification of employees as independent contractors. (3) Violations of any other provision of law unrelated to the payment of retroactive prevailing wage payments in connection with the application for federal tax benefits pursuant to the Inflation Reduction Act of 2022 (Public Law 117-169). (4) A taxpayer, employer, contractor, or subcontractor that has failed to pay, in full, wages otherwise due pursuant to applicable law, and has failed to cure any such violation. (d) This section applies only to renewable energy facility construction or repairs commenced on or after January 1, 2023, that were completed on or before December 31, 2024. (e) This section does not limit the authority of the Labor Commissioner to investigate or enforce this section or any other violations of this code. (f) This article shall remain in effect only until January 1, 2029, and as of that date is repealed. (Added by Stats. 2025, Ch. 220, Sec. 1. (SB 400) Effective October 1, 2025. Repeal operative January 1, 2029, by its own provisions. Note: Repeal affects Article 4, commencing with Section 280.)
  28. 2810.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Obligations of Employer [2800 - 2810.8] ( Article 2 enacted by Stats. 1937, Ch. 90. )

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    Certain labor-service contracts with covered contractors must not be entered into unless they have enough funds for legal compliance, and qualifying contracts must be in a single written document with specified terms.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Obligations of Employer [2800 - 2810.8] ( Article 2 enacted by Stats. 1937, Ch. 90. ) ## 2810. (a) A person or entity shall not enter into a contract or agreement for labor or services with a construction, farm labor, garment, janitorial, security guard, port drayage motor carrier, or warehouse contractor, if the person or entity knows or should know that the contract or agreement does not include funds sufficient to allow the contractor to comply with all applicable local, state, and federal laws or regulations governing the labor or services to be provided. (b) There is a rebuttable presumption affecting the burden of proof that there has been no violation of subdivision (a) if the contract or agreement with a construction, farm labor, garment, janitorial, security guard, port drayage motor carrier, or warehouse contractor meets all of the requirements in subdivision (d). (c) Subdivision (a) does not apply to any of the following: (1) A person or entity who executes a collective bargaining agreement covering the workers employed under the contract or agreement. (2) A person who enters into a contract or agreement for labor or services to be performed on that person’s home residences, provided that a family member resides in the residence or residences for which the labor or services are to be performed for at least a part of the year. (3) A contract with a port drayage motor carrier involving 30 days or fewer of cumulative labor or services within a one-year period. (d) To meet the requirements of subdivision (b), a contract or agreement with a construction, farm labor, garment, janitorial, security guard, port drayage motor carrier, or warehouse contractor for labor or services shall be in writing, in a single document, and contain all of the following provisions, in addition to any other provisions that may be required by regulations adopted by the Labor Commissioner from time to time: (1) The name, address, and telephone number of the person or entity and the construction, farm labor, garment, janitorial, security guard, port drayage motor carrier, or warehouse contractor through whom the labor or services are to be provided. (2) A description of the labor or services to be provided and a statement of when those services are to be commenced and completed. (3) The employer identification number for state tax purposes of the construction, farm labor, garment, janitorial, security guard, port drayage motor carrier, or warehouse contractor. (4) The workers’ compensation insurance policy number and the name, address, and telephone number of the insurance carrier of the construction, farm labor, garment, janitorial, security guard, port drayage motor carrier, or warehouse contractor. (5) The vehicle identification number of any vehicle that is owned by the construction, farm labor, garment, janitorial, security guard, port drayage motor carrier, or warehouse contractor and used for transportation in connection with any service provided pursuant to the contract or agreement, the number of the vehicle liability insurance policy that covers the vehicle, and the name, address, and telephone number of the insurance carrier. (6) The address of any real property to be used to house workers in connection with the contract or agreement. (7) The total number of workers to be employed under the contract or agreement, the total amount of all wages to be paid, and the date or dates when those wages are to be paid. (8) The amount of the commission or other payment made to the construction, farm labor, garment, janitorial, security guard, port drayage motor carrier, or warehouse contractor for services under the contract or agreement. (9) The total number of persons who will be utilized under the contract or agreement as independent contractors, along with both of the following: (A) A list of the current local, state, and federal contractor license identification numbers or motor carrier authority or registration that the independent contractors are required to have under local, state, or federal laws or regulations. (B) A copy of any agreement executed by an independent contractor identified pursuant to this paragraph. (10) The signatures of all parties, and the date the contract or agreement was signed. (e) (1) To qualify for the rebuttable presumption set forth in subdivision (b), a material change to the terms and conditions of a contract or agreement between a person or entity and a construction, farm labor, garment, janitorial, security guard, port drayage motor carrier, or warehouse contractor must be in writing, in a single document, and contain all of the provisions listed in subdivision (d) that are affected by the change. (2) If a provision required to be contained in a contract or agreement pursuant to paragraph (7) or (9) of subdivision (d) is unknown at the time the contract or agreement is executed, the best estimate available at that time is sufficient to satisfy the requirements of subdivision (d). If an estimate is used in place of actual figures in accordance with this paragraph, the parties to the contract or agreement have a continuing duty to ascertain the information required pursuant to paragraph (7) or (9) of subdivision (d) and to reduce that information to writing in accordance with the requirements of paragraph (1) once that information becomes known. (f) A person or entity who enters into a contract or agreement referred to in subdivisions (d) or (e) shall keep a copy of the written contract or agreement for a period of not less than four years following the termination of the contract or agreement. Upon the request of the Labor Commissioner, any person or entity who enters into the contract or agreement shall provide to the Labor Commissioner a copy of the provisions of the contract or agreement, and any other documentation, related to paragraphs (1) to (10), inclusive, of subdivision (d). Documents obtained pursuant to this section are exempt from disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (g) (1) An employee aggrieved by a violation of subdivision (a) may file an action for damages to recover the greater of all of the employee’s actual damages or two hundred fifty dollars ($250) per employee per violation for an initial violation and one thousand dollars ($1,000) per employee for each subsequent violation, and, upon prevailing in an action brought pursuant to this section, may recover costs and reasonable attorney’s fees. An action under this section shall not be maintained unless it is pleaded and proved that an employee was injured as a result of a violation of a labor law or regulation in connection with the performance of the contract or agreement. (2) An employee aggrieved by a violation of subdivision (a) may also bring an action for injunctive relief and, upon prevailing, may recover costs and reasonable attorney’s fees. (h) The phrase “construction, farm labor, garment, janitorial, security guard, port drayage motor carrier, or warehouse contractor” includes any person, as defined in this code, whether or not licensed, who is acting in the capacity of a construction, farm labor, garment, janitorial, security guard, port drayage motor carrier, or warehouse contractor. (i) (1) The term “knows” includes the knowledge, arising from familiarity with the normal facts and circumstances of the business activity engaged in, that the contract or agreement does not include funds sufficient to allow the contractor to comply with applicable laws. (2) The phrase “should know” includes the knowledge of any additional facts or information that would make a reasonably prudent person undertake to inquire whether, taken together, the contract or agreement contains sufficient funds to allow the contractor to comply with applicable laws. (3) A failure by a person or entity to request or obtain any information from the contractor that is required by any applicable statute or by the contract or agreement between them, constitutes knowledge of that information for purposes of this section. (j) For the purposes of this section, “warehouse” means a facility the primary operation of which is the storage or distribution of general merchandise, refrigerated goods, or other products. (k) For the purposes of this section, “port drayage motor carrier” has the same meaning as in paragraph (5) of subdivision (a) of Section 2810.4. (Amended by Stats. 2024, Ch. 739, Sec. 1. (AB 2754) Effective January 1, 2025.)
  29. 2810.3.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Obligations of Employer [2800 - 2810.8] ( Article 2 enacted by Stats. 1937, Ch. 90. )

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    Client employers must share liability with labor contractors for wages and workers’ compensation coverage, may not shift certain legal duties, and must not retaliate against workers who notify or sue.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Obligations of Employer [2800 - 2810.8] ( Article 2 enacted by Stats. 1937, Ch. 90. ) ## 2810.3. (a) As used in this section: (1) (A) “Client employer” means a business entity, regardless of its form, that obtains or is provided workers to perform labor within its usual course of business from a labor contractor. (B) “Client employer” does not include any of the following: (i) A business entity with a workforce of fewer than 25 workers, including those hired directly by the client employer and those obtained from, or provided by, any labor contractor. (ii) A business entity with five or fewer workers supplied by a labor contractor or labor contractors to the client employer at any given time. (iii) The state or any political subdivision of the state, including any city, county, city and county, or special district. (2) “Labor” has the same meaning provided by Section 200. (3) “Labor contractor” means an individual or entity that supplies, either with or without a contract, a client employer with workers to perform labor within the client employer’s usual course of business. “Labor contractor” does not include any of the following: (A) A bona fide nonprofit, community-based organization that provides services to workers. (B) A bona fide labor organization or apprenticeship program or hiring hall operated pursuant to a collective bargaining agreement. (C) A motion picture payroll services company, as defined in subparagraph (A) of paragraph (4) of subdivision (f) of Section 679 of the Unemployment Insurance Code. (D) A third party who is a party to an employee leasing arrangement, as defined by Rule 4 of Section V of the California Workers’ Compensation Experience Rating Plan-1995 (Section 2353.1 of Title 10 of the California Code of Regulations), as it read on January 1, 2014, except those arrangements described in subrule d of Rule 4 of Section V, if the employee leasing arrangement contractually obligates the client employer to assume all civil legal responsibility and civil liability under this act. (4) “Wages” has the same meaning provided by Section 200 and all sums payable to an employee or the state based upon any failure to pay wages, as provided by law. (5) “Worker” does not include an employee who is exempt from the payment of an overtime rate of compensation for executive, administrative, and professional employees pursuant to wage orders by the Industrial Welfare Commission described in Section 515. (6) “Usual course of business” means the regular and customary work of a business, performed within or upon the premises or worksite of the client employer. (b) A client employer shall share with a labor contractor all civil legal responsibility and civil liability for all workers supplied by that labor contractor for both of the following: (1) The payment of wages. (2) Failure to secure valid workers’ compensation coverage as required by Section 3700. (c) A client employer shall not shift to the labor contractor any legal duties or liabilities under Division 5 (commencing with Section 6300) with respect to workers supplied by the labor contractor. (d) At least 30 days prior to filing a civil action against a client employer for violations covered by this section, a worker or the worker’s representative shall notify the client employer of violations under subdivision (b). (e) Neither the client employer nor the labor contractor may take any adverse action against any worker for providing notification of violations or filing a claim or civil action. (f) The provisions of subdivisions (b) and (c) are in addition to, and shall be supplemental of, any other theories of liability or requirement established by statute or common law. (g) This section does not prohibit a client employer from establishing, exercising, or enforcing by contract any otherwise lawful remedies against a labor contractor for liability created by acts of a labor contractor. (h) This section does not prohibit a labor contractor from establishing, exercising, or enforcing by contract any otherwise lawful remedies against a client employer for liability created by acts of a client employer. (i) Upon request by a state enforcement agency or department, a client employer or a labor contractor shall provide to the agency or department any information within its possession, custody, or control required to verify compliance with applicable state laws. Upon request, these records shall be made available promptly for inspection, and the state agency or department shall be permitted to copy them. This subdivision does not require the disclosure of information that is not otherwise required to be disclosed by employers upon request by a state enforcement agency or department. (j) The Labor Commissioner may adopt regulations and rules of practice and procedure necessary to administer and enforce the provisions of subdivisions (b) and (i) that are under the Labor Commissioner’s jurisdiction. (k) The Division of Occupational Safety and Health may adopt regulations and rules of practice and procedure necessary to administer and enforce the provisions of subdivisions (c) and (i) that are under its jurisdiction. (l) The Employment Development Department may adopt regulations and rules of practice and procedure necessary to administer and enforce the provisions of subdivisions (b) and (i) that are under its jurisdiction. (m) A waiver of this section is contrary to public policy, and is void and unenforceable. (n) This section does not impose individual liability on a homeowner for labor or services received at the home or the owner of a home-based business for labor or services received at the home. (o) This section does not impose liability on a client employer for the use of an independent contractor other than a labor contractor or to change the definition of independent contractor. (p) This section does not impose liability on the following: (1) A client employer that is not a motor carrier of property based solely on the employer’s use of a third-party motor carrier of property with interstate or intrastate operating authority to ship or receive freight. (2) A client employer that is a motor carrier of property subcontracting with, or otherwise engaging, another motor carrier of property to provide transportation services using its own employees and commercial motor vehicles, as defined in Section 34601 of the Vehicle Code. (3) A client employer that is not a household mover based solely on the employer’s use of a third-party household mover permitted by the Bureau of Household Goods and Services pursuant to Chapter 3.1 (commencing with Section 19225) of Division 8 of the Business and Professions Code to move household goods. (4) A client employer that is a household mover permitted by the Bureau of Household Goods and Services pursuant to Chapter 3.1 (commencing with Section 19225) of Division 8 of the Business and Professions Code subcontracting with, or otherwise engaging, another permitted household mover to provide transportation of household goods using its own employees and motor vehicles, as defined in former Section 5108 of the Public Utilities Code. (5) A client employer that is a cable operator, as defined by Section 5830 of the Public Utilities Code, a direct-to-home satellite service provider, or a telephone corporation, as defined by Section 234 of the Public Utilities Code, based upon its contracting with a company to build, install, maintain, or perform repair work utilizing the employees and vehicles of the contractor if the name of the contractor is visible on employee uniforms and vehicles. (6) A motor club holding a certificate of authority issued pursuant to Chapter 2 (commencing with Section 12160) of Part 5 of Division 2 of the Insurance Code when it contracts with third parties to provide motor club services utilizing the employees and vehicles of the third-party contractor if the name of the contractor is visible on the contractor’s vehicles. (Amended by Stats. 2019, Ch. 643, Sec. 1. (SB 358) Effective January 1, 2020.)
  30. 2810.4.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Obligations of Employer [2800 - 2810.8] ( Article 2 enacted by Stats. 1937, Ch. 90. )

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    This section makes certain customers jointly liable with port drayage motor carriers for misclassification-related liabilities and requires posting, notice, and information-sharing duties.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Obligations of Employer [2800 - 2810.8] ( Article 2 enacted by Stats. 1937, Ch. 90. ) ## 2810.4. (a) As used in this section: (1) “Commercial driver” means a person who holds a valid commercial driver’s license who is hired or contracted to provide port drayage services either as an independent contractor or an employee driver. (2) (A) “Customer” means a business entity, regardless of its form, that engages or uses a port drayage motor carrier to perform port drayage services on the customer’s behalf, whether the customer directly engages or uses a port drayage motor carrier or indirectly engages or uses a port drayage motor carrier through the use of an agent, including, but not limited to, a freight forwarder, motor transportation broker, ocean carrier, or other motor carrier. (B) “Customer” does not include any of the following: (i) A business entity with a workforce of fewer than 25 workers, including those hired directly by the customer or through a temporary employer or labor contractor. (ii) The state or any political subdivision of the state, including any city, county, city and county, or special district. (iii) A business entity, including, but not limited to, a marine terminal operator, who is not a customer, and who, incidental to the transportation of the freight for the customer, receives, makes available, or exchanges intermodal equipment, loaded or unloaded, or conducts any other transaction of equipment subject to an equipment interchange agreement with a motor carrier who is a signatory to an equipment interchange agreement. (3) “Internet web page” refers only to the port drayage motor carrier list that the Division of Labor Standards Enforcement is required to update and maintain pursuant to subdivision (b) and shall not be construed to apply to any other information about wage claims, investigations, citations, judgments, or other activities that the Division of Labor Standards Enforcement may provide to the public through its internet website. (4) “Labor” has the same meaning provided by Section 200. (5) (A) “Port drayage motor carrier” means an individual or entity that hires or engages commercial drivers in the port drayage industry. (B) “Port drayage motor carrier” also means a registered owner, lessee, licensee, or bailee of a commercial motor vehicle, as defined in subdivision (b) of Section 15210 of the Vehicle Code, that operates or directs the operation of a commercial motor vehicle by a commercial driver on a for-hire or not-for-hire basis to perform port drayage services in the port drayage industry. (C) “Port drayage motor carrier” also means an entity or individual who succeeds in the interest and operation of a predecessor port drayage motor carrier consistent with the provisions of Section 2684. (6) “Port” means any sea or river port located in this state. (7) “Port drayage services” means the movement within California of cargo or intermodal equipment by a commercial motor vehicle whose point-to-point movement has either its origin or destination at a port, including any interchange of power units, chassis, or intermodal containers, or the switching of port drayage drivers that occurs during the movement of that freight. It shall not include employees performing the intra-port or inter-port movement of cargo or cargo handling equipment under the control of their employers. (8) “Prior offender” means a port drayage motor carrier that has had at least one of the following: (A) A final court judgment, tax assessment, or tax lien that may be released to the public under federal and state disclosure laws and which arose from unlawful conduct relating to the misclassification of employees as independent contractors. (B) A final Labor Commissioner citation or a Labor Commissioner order, decision, or award that arose from unlawful conduct relating to the misclassification of employees as independent contractors. (9) “Wages” has the same meaning provided by Section 200 and all sums payable to an employee or the state based upon any failure to pay wages, as provided by law. (b) On and after January 1, 2025, a customer that, as part of its business, engages or uses a port drayage motor carrier shall share with the motor carrier or the motor carrier’s successor all civil legal responsibility and civil liability owed to a port drayage driver or the state arising out of the motor carrier’s misclassification of the driver as an independent contractor, regardless of whether or not the port drayage motor carrier is on the list established pursuant to paragraph (1) of subdivision (c). The customer shall have no liability pursuant to this subdivision under either of the following circumstances: (1) The motor carrier utilizes its own employee drivers to perform services for the customer. (2) The motor carrier utilizes bona fide independent contractors to perform services for the customer where each independent contractor possesses their own operating authority and has a business relationship with the motor carrier that meets the California legal standard for being determined an independent contractor. (c) (1) (A) The Division of Labor Standards Enforcement shall post on its internet web page the names, addresses, and essential information for a port drayage motor carrier with an unsatisfied final court judgment, tax assessment, or tax lien that may be released to the public under federal and state disclosure laws, including any order, decision, or award obtained by a public or private person or entity pursuant to Section 98.1 finding that a port drayage motor carrier has engaged in illegal conduct including failure to pay wages, imposing unlawful expenses on employees, failure to remit payroll taxes, failure to provide workers’ compensation insurance, or misclassification of employees as independent contractors with regard to a port drayage commercial driver. (B) The Division of Labor Standards Enforcement shall post on its internet web page, to the extent permitted by federal and state disclosure laws, a list consisting of the names, addresses, and essential information for a prior offender with a subsequent judgment, ruling, citation, order, decision, or award finding that the port drayage motor carrier has violated a labor or employment law or regulation, even if all periods for appeals have not expired. If the Division of Labor Standards Enforcement receives notice that a prior offender that is listed on the division’s internet web page pursuant to this subparagraph has subsequently prevailed on appeal, the division shall remove the posting for the prior offender within 15 days after the division has determined that there remains no other basis under this section upon which to retain the prior offender’s information on the internet web page. The Division of Labor Standards Enforcement shall be required to post the prior offender to this list on the internet web page only if notice of the subsequent and prior judgment, ruling, citation, order, decision, or award is provided in a manner and format that is acceptable to the Division of Labor Standards Enforcement. (C) Except as provided in subparagraph (B), the Division of Labor Standards Enforcement shall not place the information required to be posted by this paragraph on the internet web page until the period for all judicial appeals has expired. (D) A posting required by this paragraph shall be removed within 15 business days after the Division of Labor Standards Enforcement determines, first, that there has been full payment of an unsatisfied judgment or any other financial liabilities for all violations identified pursuant to subparagraphs (A) and (B) or that the port drayage motor carrier has entered into an approved settlement dispensing of the judgment or liabilities and, second, that both of the following conditions have been satisfied: (i) The port drayage motor carrier has submitted certification, under penalty of perjury, that all violations identified pursuant to subparagraphs (A) and (B) have been remedied or abated. (ii) On and after the date that the Division of Labor Standards Enforcement adopts regulations describing what constitutes “sufficient documentation” for purposes of this clause, the port drayage motor carrier has submitted sufficient documentation that all violations identified pursuant to subparagraphs (A) and (B) have been remedied or sufficiently abated. (2) No less than 15 business days before posting on its internet web page the names, addresses, and essential information for any port drayage motor carrier pursuant to paragraph (1), the Division of Labor Standards Enforcement shall provide notification by certified mail to the port drayage motor carrier which, at a minimum, shall include all of the following: (A) The name, email address, and telephone number of a contact person at the division. (B) The alleged conduct and a copy of the citation, unsatisfied court judgment, assessment, order, decision, or award. (C) A copy of the regulations or rules of practice or procedure adopted pursuant to subdivision (l) or (m) for removal of the posting. (3) A customer that, as part of its business, engages or uses a port drayage motor carrier that is on the list established pursuant to paragraph (1) to perform port drayage services shall share with the motor carrier or the motor carrier’s successor all civil legal responsibility and civil liability owed to a port drayage driver or to the state for port drayage services obtained after the date the motor carrier appeared on the list, meaning joint and several liability with the motor carrier for the full amount of unpaid wages, unreimbursed expenses, damages, and penalties, including applicable interest and all other amounts that are found due for all of the following: (A) Minimum, regular, or premium wages that are unpaid by the motor carrier, including any wages that are found due under Section 226.7, 227.3, or 246. (B) Unlawful deductions by the motor carrier from wages pursuant to Section 2802. (C) Out-of-pocket business expenses incurred by the commercial driver that are not reimbursed by the motor carrier as required pursuant to Section 2802. (D) Civil penalties for the failure to secure valid workers’ compensation coverage as required by Section 3700. (E) Employment tax assessments issued by the state. (F) Civil liability stemming from the motor carrier’s failure to comply with applicable health and safety laws, rules, or regulations. (G) Damages or penalties as provided for by law that are due to the commercial driver or the state based upon the failure of the motor carrier to pay wages owed, including those set forth under Sections 203, 226, 226.8, 248.5, 558, 1194.2, and 1197.1. (H) Applicable interest due for any sum described above. (4) Pursuant to paragraph (3), each and every customer that engages or uses a port drayage motor carrier to provide port drayage services in a given workweek shall be jointly and severally liable with the motor carrier for the full amount of all unpaid wages, unreimbursed expenses, damages, and penalties, including applicable interest, which are found owed by the motor carrier for that workweek. The customer shall be jointly and severally liable from the time the driver is dispatched to begin work on behalf of the customer until all tasks are completed incidental to that work, including the return of an unladen chassis or intermodal container to its point of origin, and the driver is ready to be dispatched to haul freight on behalf of another customer. (5) Except as provided in subparagraphs (B), (C), and (D) of paragraph (1) of this subdivision, the Division of Labor Standards Enforcement shall update its internet web page monthly by the fifth day of each month. (d) A customer’s liability under this section shall be determined by either one of the following: (1) The Labor Commissioner, in an administrative proceeding pursuant to Section 98, de novo appeal under Section 98.2, or pursuant to the Labor Commissioner’s citation authority under this code. (2) By a court in a civil action brought by the Labor Commissioner, or by a commercial driver or their representative, where at least 30 business days prior to filing the civil action, the Labor Commissioner, or commercial driver or representative, notifies the customer of its potential joint and several liability for any of the wages, expenses, damages, or penalties listed in paragraph (3) of subdivision (c). No civil action for a violation or enforcement of this section shall be brought pursuant to Part 13 (commencing with Section 2698) of Division 2. (e) The joint and several liability provided by this section shall not apply as follows: (1) To customers who engage or use a port drayage motor carrier whose employees are covered by a bona fide collective bargaining agreement, if the agreement expressly provides for wages, hours of work, working conditions, a process to resolve disputes concerning nonpayment of wages, expenses, damages, and penalties listed in paragraph (3) of subdivision (c), including applicable interest, and a waiver of the joint and several liability provided by this section. (2) Except for liability established pursuant to subdivision (b), where the customer and port drayage motor carrier had an existing contract for port drayage services at the time a port drayage motor carrier is listed on the internet web page maintained by the Division of Labor Standards Enforcement and the customer wishes to terminate the agreement, joint and several liability shall not apply until the expiration of the existing contract or a period of 90 business days following the listing, whichever is shorter. This paragraph does not apply to contracts entered into, renegotiated, or extended after the date a port drayage motor carrier is listed on the internet web page. (3) Except for liability established pursuant to subdivision (b), where a port drayage motor carrier is not listed on the Division of Labor Standards Enforcement’s internet web page pursuant to subdivision (c). (4) Except for liability established pursuant to subdivision (b), where a port drayage motor carrier satisfied the conditions for removal from the internet web page pursuant to paragraph (1) of subdivision (c) prior to the time period for which the joint and several liability is alleged. (f) A port drayage motor carrier that provides port drayage services to a customer, prior to providing these services to the customer, shall furnish the text of this section and written notice to the customer of any of the following: (1) Any unsatisfied final judgments against the motor carrier for unpaid wages, damages, unreimbursed expenses, and penalties, including applicable interest. (2) A final order from the Occupational Safety and Health Appeals Board regarding a citation, notice, order, or special order from the Division of Occupational Safety and Health finding that the employer has committed a serious violation that remains unabated, unremedied, or unsatisfied following the period for which any appeal may be made. (3) If the motor carrier is a prior offender, a subsequent judgment, ruling, citation, order, decision, or award that the Division of Labor Standards Enforcement is required to post on its internet web page pursuant to subdivision (c). (g) A port drayage motor carrier that provides port drayage services to a customer shall provide, within 30 business days of entry of the judgment, written notice of any unsatisfied final judgments against the motor carrier for unpaid wages, damages, unreimbursed expenses, and penalties, including applicable interest, to any customer to which the motor carrier is presently providing port drayage services. (h) The failure of the motor carrier to provide notice under subdivision (f) or (g) shall not be a defense to the joint and several liability provided by this section. (i) A customer or port drayage motor carrier shall not take any adverse action against any commercial driver for providing notification of violations or filing a claim or civil action pertaining to unpaid wages, unreimbursed expenses, or the recovery of damages and penalties, including applicable interest. (j) The remedies provided by this section are in addition to, and shall be supplemental of, any other theories of liability or requirement established by statute or common law. (k) Two or more parties who are held jointly and severally liable under this section after a final judgment is rendered by the court shall not be prohibited from establishing, exercising, or enforcing by contract or otherwise, any lawful or equitable remedies, including, but not limited to, a right of contribution and indemnity against each other for liability created by acts of a port drayage motor carrier. (l) Pursuant to the Labor Commissioner’s citation authority, a customer or a port drayage motor carrier shall provide to the Labor Commissioner any information within its possession, custody, or control required to verify compliance with applicable state laws. Upon request, the records that contain this information shall be made available promptly for inspection, and the Labor Commissioner shall be permitted to copy them. (m) The Labor Commissioner may adopt regulations and rules of practice and procedure necessary to administer and enforce the provisions of subdivisions (c) and (l) that are under their jurisdiction. (n) The Employment Development Department may adopt regulations and rules of practice and procedure necessary to administer and enforce the provisions of subdivision (c) that are under its jurisdiction. (o) A waiver of this section is contrary to public policy, and is void and unenforceable. (p) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (Amended by Stats. 2024, Ch. 739, Sec. 2. (AB 2754) Effective January 1, 2025.)
  31. 2810.5.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Obligations of Employer [2800 - 2810.8] ( Article 2 enacted by Stats. 1937, Ch. 90. )

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    Employers must give new employees a written notice at hiring and must notify employees in writing of any later changes within 7 calendar days, unless an exception applies.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Obligations of Employer [2800 - 2810.8] ( Article 2 enacted by Stats. 1937, Ch. 90. ) ## 2810.5. (a) (1) At the time of hiring, an employer shall provide to each employee a written notice, in the language the employer normally uses to communicate employment-related information to the employee, containing the following information: (A) The rate or rates of pay and basis thereof, whether paid by the hour, shift, day, week, salary, piece, commission, or otherwise, including any rates for overtime, as applicable. (B) Allowances, if any, claimed as part of the minimum wage, including meal or lodging allowances. (C) The regular payday designated by the employer in accordance with the requirements of this code. (D) The name of the employer, including any “doing business as” names used by the employer. (E) The physical address of the employer’s main office or principal place of business, and a mailing address, if different. (F) The telephone number of the employer. (G) The name, address, and telephone number of the employer’s workers’ compensation insurance carrier. (H) That an employee: may accrue and use sick leave; has a right to request and use accrued paid sick leave; may not be terminated or retaliated against for using or requesting the use of accrued paid sick leave; and has the right to file a complaint against an employer who retaliates. (I) The existence of a federal or state emergency or disaster declaration applicable to the county or counties where the employee is to be employed, and that was issued within 30 days before the employee’s first day of employment, that may affect their health and safety during their employment. (J) Any other information the Labor Commissioner deems material and necessary. (2) The Labor Commissioner shall prepare templates for the required notices that comply with the requirements of paragraphs (1) and (4). The templates shall be made available to employers in a manner as determined by the Labor Commissioner, and as set forth in subdivision (d). Commencing March 1, 2024, the template developed pursuant to paragraph (4) shall be posted on the Labor Commissioner’s internet website. (3) If the employer is a temporary services employer, as defined in Section 201.3, the notice described in paragraph (1) shall also include the name, the physical address of the main office, the mailing address if different from the physical address of the main office, and the telephone number of the legal entity for whom the employee will perform work, and any other information the Labor Commissioner deems material and necessary. The requirements of this paragraph do not apply to a security services company that is licensed by the Department of Consumer Affairs and that solely provides security services. (4) (A) If an employee is admitted under the federal H-2A agricultural visa program pursuant to Section 1188 of Title 8 of the United States Code, the notice described in paragraph (1) shall also include, in Spanish, a separate and distinct section containing nonduplicative information succinctly describing an agricultural employee’s additional rights and protections under California law and regulations, including, but not limited to, information addressing the federal H-2A program wage rate required to be paid during the contract period; overtime wage rates; frequency of pay; pay for piece rate workers; 10-minute rest periods; 30-minute meal periods; transportation travel time compensation when required, including transportation from housing to work sites; employee housing rights; nonretaliation protections for complaints or organizing; contents of itemized wage statements; sexual harassment prohibitions; toilets; requirements regarding availability of potable water and handwashing facilities; requirements relating to hot weather working conditions and the availability of shade; pesticide exposure protections; workplace safety requirements, training and correction of hazards; transportation in defined farm labor vehicles; prohibitions against tool or equipment charges, prohibitions against deductions for meals not taken; training and necessary equipment and lighting for night work; prohibitions against use of short-handled hoes and limits on hand weeding; employee-paid health insurance; right to accrue and take sick leave; workers’ compensation coverage, disability pay, and medical care for injuries; and the right to complain to state or federal agencies and to seek advice from collective bargaining representatives or legal assistance organizations. (B) (i) Notwithstanding paragraph (1), an employer shall provide the notice required by subparagraph (A) in Spanish to the H-2A employee on the day that the H-2A employee begins work in the state or on the first day that the employee begins work for another H-2A employer. An H-2A employee may request that the employer also provide the notice in English. (ii) An employer who employs both H-2A and non-H-2A employees at the same time may satisfy the requirements of paragraph (1) with respect to the employer’s non-H-2A employees by opting to provide those employees with the notice required by subparagraph (A) or by providing the notice required by paragraph (1). (b) An employer shall notify their employees in writing of any changes to the information set forth in the notice within seven calendar days after the time of the changes, unless one of the following applies: (1) All changes are reflected on a timely wage statement furnished in accordance with Section 226. (2) Notice of all changes is provided in another writing required by law within seven days of the changes. (c) For purposes of this section, “employee” does not include any of the following: (1) An employee directly employed by the state or any political subdivision thereof, including any city, county, city and county, or special district. (2) An employee who is exempt from the payment of overtime wages by statute or the wage orders of the Industrial Welfare Commission. (3) An employee who is covered by a valid collective bargaining agreement if the agreement expressly provides for the wages, hours of work, and working conditions of the employee, and if the agreement provides premium wage rates for all overtime hours worked and a regular hourly rate of pay for those employees of not less than 30 percent more than the state minimum wage. This subdivision applies to employees admitted to the federal H-2A program only if the collective bargaining agreement provides for wage rates of not less than the federal H-2A program wage required to be paid during the contract period. (d) Commencing March 15, 2024, an employer of an employee admitted pursuant to the federal H-2A agricultural visa program shall comply with subdivision (a) by giving workers a copy of the template developed by the Labor Commissioner in accordance with paragraph (4) of subdivision (a). (Amended by Stats. 2023, Ch. 451, Sec. 2. (AB 636) Effective January 1, 2024.)
  32. 2810.7.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Obligations of Employer [2800 - 2810.8] ( Article 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    Employers must tell participating flexible spending account employees about any deadline to withdraw funds before the plan year ends, and use two different notice forms.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Obligations of Employer [2800 - 2810.8] ( Article 2 enacted by Stats. 1937, Ch. 90. ) ## 2810.7. (a) An employer shall notify an employee who participates in a flexible spending account, including, but not limited to, a dependent care flexible spending account, a health flexible spending account, or adoption assistance flexible spending account, of any deadline to withdraw funds before the end of the plan year. Notice shall be by two different forms, one of which may be electronic. (b) Notices made pursuant to subdivision (a) may include, but are not limited to the following: (1) Electronic mail communication. (2) Telephone communication. (3) Text message notification. (4) Postal mail notification. (5) In-person notification. (Added by Stats. 2019, Ch. 195, Sec. 1. (AB 1554) Effective January 1, 2020.)
  33. 2810.8.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Obligations of Employer [2800 - 2810.8] ( Article 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    Employers must offer available jobs to qualified laid-off employees, keep recall records, and avoid retaliation under this section.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Obligations of Employer [2800 - 2810.8] ( Article 2 enacted by Stats. 1937, Ch. 90. ) ## 2810.8. (a) For purposes of this section, the following definitions apply: (1) “Airport” means any area of land or water used or intended for landing or takeoff of aircraft including appurtenant area used or intended for airport buildings, facilities, as well as rights-of-way together with the buildings and facilities within the State of California, excluding any military base or federally operated facility. (2) “Airport hospitality operation” means a business that prepares, delivers, inspects, or provides any other service in connection with the preparation of food or beverage for aircraft crew or passengers at an airport, or that provides food and beverage, retail, or other consumer goods or services to the public at an airport. The term airport hospitality operation does not include an air carrier certificated by the Federal Aviation Administration. (3) “Airport service provider” means a business that performs, under contract with a passenger air carrier, airport facility management, or airport authority, functions on the property of the airport that are directly related to the air transportation of persons, property, or mail, including, but not limited to, the loading and unloading of property on aircraft, assistance to passengers under Part 382 (commencing with Section 382.1) of Title 14 of the Code of Federal Regulations, security, airport ticketing and check-in functions, ground-handling of aircraft, aircraft cleaning and sanitization functions, and waste removal. The term “airport service provider” does not include an air carrier certificated by the Federal Aviation Administration. (4) “Building service” means janitorial, building maintenance, or security services. (5) “Employee” means any individual who in a particular week performs at least two hours of work for an employer. (6) “Employer” means any person, including a corporate officer or executive, who directly or indirectly or through an agent or any other person, including through the services of a temporary service or staffing agency or similar entity, owns or operates an enterprise and employs or exercises control over the wages, hours, or working conditions of any employee. “Employer” also means the successor employer as set forth under paragraph (6) of subdivision (b). (7) “Enterprise” means a hotel, private club, event center, airport hospitality operation, airport service provider, or the provision of building service to office, retail, or other commercial buildings. (8) “Event center” means a publicly or privately owned structure of more than 50,000 square feet or 1,000 seats that is used for the purposes of public performances, sporting events, business meetings, or similar events, and includes concert halls, stadiums, sports arenas, racetracks, coliseums, and convention centers. The term “event center” also includes any contracted, leased, or sublet premises connected to or operated in conjunction with the event center’s purpose, including food preparation facilities, concessions, retail stores, restaurants, bars, and structured parking facilities. (9) “Hotel” means a residential building that is designated or used for lodging and other related services for the public, and containing 50 or more guest rooms, or suites of rooms (adjoining rooms do not constitute a suite of rooms). “Hotel” also includes any contracted, leased, or sublet premises connected to or operated in conjunction with the building’s purpose, or providing services at the building. The number of guest rooms, or suites of rooms, shall be calculated based on the room count on the opening of the hotel or on December 31, 2019 whichever is greater. (10) “Laid-off employee” means any employee who was employed by the employer for six months or more and whose most recent separation from active employment by the employer occurred on or after March 4, 2020, and was due to a reason related to the COVID-19 pandemic, including a public health directive, government shutdown order, lack of business, a reduction in force, or other economic, nondisciplinary reason due to the COVID-19 pandemic. There shall be a presumption that a separation due to a lack of business, reduction in force, or other economic, nondisciplinary reason is due to a reason related to the COVID-19 pandemic, unless the employer establishes otherwise by a preponderance of the evidence. (11) “Length of service” means the total of all periods of time during which an employee has been in active service with the employer, based on the employee’s date of hire, including periods of time when the employee was on leave or on vacation. (12) “Person” means an individual, corporation, partnership, limited partnership, limited liability partnership, limited liability company, business trust, estate, trust, association, joint venture, agency, instrumentality, or any other legal or commercial entity, whether domestic or foreign. (13) “Private club” means a private, membership-based business or nonprofit organization that operates a building or complex of buildings containing at least 50 guest rooms or suites of rooms that are offered as overnight lodging to members. The number of guest rooms or suites of rooms shall be calculated based on the room count on the opening of the private club or on December 31, 2019, whichever is greater. (b) (1) Within five business days of establishing a position, an employer shall offer its laid-off employees in writing, either by hand or to their last known physical address, and by email and text message to the extent the employer possesses such information, all job positions that become available after the effective date of this section for which the laid-off employees are qualified. A laid-off employee is qualified for a position if the employee held the same or similar position at the enterprise at the time of the employee’s most recent layoff with the employer. (2) The employer shall offer positions to laid-off employees in an order of preference subject to paragraph (1) and this paragraph. If more than one employee is entitled to preference for a position, the employer shall offer the position to the laid-off employee with the greatest length of service based on the employee’s date of hire for the enterprise. (3) A laid-off employee who is offered a position pursuant to this section shall be given at least five business days, from the date of receipt, in which to accept or decline the offer. A “business day” is any day except Saturday, Sunday, or any official state holiday. An employer may make simultaneous, conditional offers of employment to laid-off employees, with a final offer of employment conditioned on application of the preference system set forth in paragraph (2). (4) An employer must retain the following records for at least three years, measured from the date of the written notice regarding the layoff, for each laid-off employee: the employee’s full legal name; the employee’s job classification at the time of separation from employment; the employee’s date of hire; the employee’s last known address of residence; the employee’s last known email address; the employee’s last known telephone number; and a copy of the written notices regarding the layoff provided to the employee and all records of communications between the employer and the employee concerning offers of employment made to the employee pursuant to this section. (5) An employer that declines to recall a laid-off employee on the grounds of lack of qualifications and instead hires someone other than a laid-off employee shall provide the laid-off employee a written notice within 30 days including the length of service with the employer of those hired in lieu of that recall, along with all reasons for the decision. (6) This section also applies in any of the following circumstances: (A) The ownership of the employer changed after the separation from employment of a laid-off employee but the enterprise is conducting the same or similar operations as before the COVID-19 state of emergency. (B) The form of organization of the employer changed after the COVID-19 state of emergency. (C) Substantially all of the assets of the employer were acquired by another entity that conducts the same or similar operations using substantially the same assets. (D) The employer relocates the operations at which a laid-off employee was employed before the COVID-19 state of emergency to a different location. (c) No employer shall refuse to employ, terminate, reduce in compensation, or otherwise take any adverse action against any laid-off employee as defined in subdivision (a) for seeking to enforce their rights under this section, for participating in proceedings related to this section, opposing any practice proscribed by this section, or otherwise asserting rights under this section. This subdivision shall also apply to any employee or laid-off employee who mistakenly, but in good faith, alleges noncompliance with this section. (d) The Division of Labor Standards Enforcement shall have exclusive jurisdiction to enforce this section. This section may be enforced only as follows: (1) A laid-off employee may file a complaint with the Division of Labor Standards Enforcement for violations of this section and may be awarded any or all of the following, as appropriate: (A) Hiring and reinstatement rights pursuant to this section. (B) Frontpay or backpay for each day during which the violation continues, which shall be calculated at a rate of compensation not less than the highest of any of the following rates: (i) The average regular rate of pay received by the laid-off employee during the last three years of that employee’s employment in the same occupation classification. (ii) The most recent regular rate received by the laid-off employee while employed by the employer. (iii) The regular rate received by an employee occupying the position in place of the laid-off employee that should have been employed. (C) Value of the benefits the laid-off employee would have received under the employer’s benefit plan. (2) No criminal penalties shall be imposed for violation of this section. (3) Any employer, agent of the employer, or other person who violates or causes to be violated the provisions of this section shall be subject to a civil penalty of one hundred dollars ($100) for each employee whose rights under these provisions are violated and an additional sum payable as liquidated damages in the amount of five hundred dollars ($500), per employee, for each day the rights of an employee under this section are violated and continuing until such time as the violation is cured, which shall be recovered by the Labor Commissioner, deposited into the Labor and Workforce Development Fund, and paid to the employee as compensatory damages. (4) The Labor Commissioner shall enforce this section, including investigating an alleged violation and ordering appropriate temporary relief to mitigate the violation pending the completion of a full investigation or hearing, through the procedures set forth in Section 98.3, 98.7, 98.74, or 1197.1, including by issuance of a citation against an employer who violates this section and by filing a civil action. If a citation is issued, the procedures for issuing, contesting, and enforcing judgments for citations and civil penalties issued by the Labor Commissioner shall be the same as those set out in Section 98.74 or 1197.1, as appropriate. (5) In an action brought by the Labor Commissioner for enforcement of this section, the court may issue preliminary and permanent injunctive relief to vindicate the rights of employees. (6) In an administrative or civil action brought under this section, the Labor Commissioner or court, as the case may be, shall award interest on all amounts due and unpaid at the rate of interest specified in subdivision (b) of Section 3289 of the Civil Code. (7) The remedies, penalties, and procedures provided under this section are cumulative. (e) The Division of Labor Standards Enforcement may promulgate and enforce rules and regulations, and issue determinations and interpretations, consistent with and necessary for the implementation of this section. Those rules and regulations, determinations, and interpretations shall have the force of law and may be relied upon by employers, employees, and other persons to determine their rights and responsibilities under this section. (f) Nothing in this section shall prohibit a local governmental agency from enacting ordinances that impose greater standards than, or establish additional enforcement provisions to, those prescribed by this section. This section shall not be construed to limit a discharged employee or eligible employee’s right to bring a common law cause of action for wrongful termination. (g) All of the provisions of this section, or any part of this section, may be waived in a valid collective bargaining agreement, but only if the waiver is explicitly set forth in that agreement in clear and unambiguous terms. Unilateral implementation of terms and conditions of employment by either party to a collective bargaining relationship shall not constitute or be permitted as a waiver of all or any part of the provisions of this section. (h) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (i) (1) Except as provided in paragraph (2), this section shall remain operative only until January 1, 2027. (2) Notwithstanding paragraph (1), a violation of this section occurring on or before December 31, 2026, shall continue to be enforceable pursuant to subdivision (d). (Amended by Stats. 2025, Ch. 280, Sec. 1. (AB 858) Effective January 1, 2026. Inoperative January 1, 2027, by its own provisions.)
  34. 2811.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2.5. Electronic Employment Verification Systems [2811 - 2814] ( Article 2.5 added by Stats. 2011, Ch. 691, Sec. 2. )

    Verify source ↗

    This section says Article 2.5 may be cited as the Employment Acceleration Act of 2011.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2.5. Electronic Employment Verification Systems [2811 - 2814] ( Article 2.5 added by Stats. 2011, Ch. 691, Sec. 2. ) ## 2811. This article shall be known and may be cited as the Employment Acceleration Act of 2011. (Added by Stats. 2011, Ch. 691, Sec. 2. (AB 1236) Effective January 1, 2012.)
  35. 2812.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2.5. Electronic Employment Verification Systems [2811 - 2814] ( Article 2.5 added by Stats. 2011, Ch. 691, Sec. 2. )

    Verify source ↗

    Certain state and local bodies may not require employers to use an electronic employment verification system, except where federal law or federal funding requires it.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2.5. Electronic Employment Verification Systems [2811 - 2814] ( Article 2.5 added by Stats. 2011, Ch. 691, Sec. 2. ) ## 2812. Except as required by federal law, or as a condition of receiving federal funds, neither the state nor a city, county, city and county, or special district shall require an employer to use an electronic employment verification system, including under the following circumstances: (a) As a condition of receiving a government contract. (b) As a condition of applying for or maintaining a business license. (c) As a penalty for violating licensing or other similar laws. (Added by Stats. 2011, Ch. 691, Sec. 2. (AB 1236) Effective January 1, 2012.)
  36. 2813.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2.5. Electronic Employment Verification Systems [2811 - 2814] ( Article 2.5 added by Stats. 2011, Ch. 691, Sec. 2. )

    Verify source ↗

    This section defines “electronic employment verification system” and “employer” for this article.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2.5. Electronic Employment Verification Systems [2811 - 2814] ( Article 2.5 added by Stats. 2011, Ch. 691, Sec. 2. ) ## 2813. For purposes of this article, the following terms have the following meanings: (a) “Electronic employment verification system” means an employment verification system that allows employers to electronically verify workers’ employment authorization with the federal government. This includes the Basic Pilot Program, enacted by Section 404 of Public Law 104-208 and renamed in 2007 as the E-Verify Program, and other pilot programs for electronic employment eligibility confirmation. The term “electronic employment verification system” does not include the I-9 Employment Eligibility Verification form or any other employment eligibility systems that are required by federal law. (b) “Employer” means an employer other than the state, or a city, county, city and county, or special district. (Added by Stats. 2011, Ch. 691, Sec. 2. (AB 1236) Effective January 1, 2012.)
  37. 2814.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2.5. Electronic Employment Verification Systems [2811 - 2814] ( Article 2.5 added by Stats. 2011, Ch. 691, Sec. 2. )

    Verify source ↗

    Employers and other persons may not use E-Verify to check the status of an existing employee or an unoffered applicant, except when federal law or federal funding conditions require it; employers may use E-Verify for a person who has been offered employment.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2.5. Electronic Employment Verification Systems [2811 - 2814] ( Article 2.5 added by Stats. 2011, Ch. 691, Sec. 2. ) ## 2814. (a) (1) Except as required by federal law or as a condition of receiving federal funds, it shall be unlawful for an employer, or any other person or entity to use the federal electronic employment verification system known as E-Verify to check the employment authorization status of an existing employee or an applicant who has not been offered employment at a time or in a manner not required under subsection (b) of Section 1324a of Title 8 of the United States Code or not authorized under any federal agency memorandum of understanding governing the use of a federal electronic employment verification system. (2) Nothing in this section shall prohibit an employer from utilizing the federal E-Verify system, in accordance with federal law, to check the employment authorization status of a person who has been offered employment. (b) Upon using the federal E-Verify system to check the employment authorization status of a person, if the employer receives a tentative nonconfirmation issued by the Social Security Administration or the United States Department of Homeland Security, which indicates the information entered in E-Verify did not match federal records, the employer shall comply with the required employee notification procedures under any memorandum of understanding governing the use of the federal E-Verify system. The employer shall furnish to the employee any notification issued by the Social Security Administration or the United States Department of Homeland Security containing information specific to the employee’s E-Verify case or any tentative nonconfirmation notice. The notification shall be furnished as soon as practicable. (c) In addition to other remedies available, an employer who violates this section is liable for a civil penalty not to exceed ten thousand dollars ($10,000) for each violation of this section. Each unlawful use of the E-Verify system on an employee or applicant constitutes a separate violation. (d) This section is intended to prevent discrimination in employment rather than to sanction the potential hiring and employment of persons who are not authorized for employment under federal law. (Added by Stats. 2015, Ch. 696, Sec. 1. (AB 622) Effective January 1, 2016.)
  38. 2850.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 3. Obligations of Employee [2850 - 2866] ( Article 3 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    A person who agrees to do a service for someone else without pay is not required to complete it, but if they start, they must use at least slight care and diligence.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 3. Obligations of Employee [2850 - 2866] ( Article 3 enacted by Stats. 1937, Ch. 90. ) ## 2850. One who, without consideration, undertakes to do a service for another, is not bound to perform the same but if he actually enters upon its performance, he shall use at least slight care and diligence therein. (Enacted by Stats. 1937, Ch. 90.)
  39. 2851.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 3. Obligations of Employee [2850 - 2866] ( Article 3 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    A person who asks someone else to perform a service for them must fully perform that service. In other cases, a person who undertakes a gratuitous service may stop at any time.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 3. Obligations of Employee [2850 - 2866] ( Article 3 enacted by Stats. 1937, Ch. 90. ) ## 2851. One who, by his own special request, induces another to intrust him with the performance of a service, shall perform the same fully. In other cases, one who undertakes a gratuitous service may relinquish it at any time. (Enacted by Stats. 1937, Ch. 90.)
  40. 2852.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 3. Obligations of Employee [2850 - 2866] ( Article 3 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    A gratuitous employee who accepts a written power of attorney must act under it while it remains in force, unless he gives notice to his employer that he will not do so.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 3. Obligations of Employee [2850 - 2866] ( Article 3 enacted by Stats. 1937, Ch. 90. ) ## 2852. A gratuitous employee, who accepts a written power of attorney, shall act under it so long as it remains in force, or until he gives notice to his employer that he will not do so. (Enacted by Stats. 1937, Ch. 90.)
  41. 2853.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 3. Obligations of Employee [2850 - 2866] ( Article 3 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    A worker employed at their own request for their own advantage must use great care and diligence to protect the employer’s interests.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 3. Obligations of Employee [2850 - 2866] ( Article 3 enacted by Stats. 1937, Ch. 90. ) ## 2853. One who is employed at his own request to do that which is more for his own advantage than for that of his employer, shall use great care and diligence therein to protect the interest of the employer. (Enacted by Stats. 1937, Ch. 90.)
  42. 2854.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 3. Obligations of Employee [2850 - 2866] ( Article 3 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    A person who agrees to serve another for good consideration must perform the service and use ordinary care and diligence while employed.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 3. Obligations of Employee [2850 - 2866] ( Article 3 enacted by Stats. 1937, Ch. 90. ) ## 2854. One who, for a good consideration, agrees to serve another, shall perform the service, and shall use ordinary care and diligence therein, so long as he is thus employed. (Enacted by Stats. 1937, Ch. 90.)
  43. 2855.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 3. Obligations of Employee [2850 - 2866] ( Article 3 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    This section limits enforcement of certain personal service contracts beyond seven years and sets notice and lawsuit deadlines for phonorecord production contracts.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 3. Obligations of Employee [2850 - 2866] ( Article 3 enacted by Stats. 1937, Ch. 90. ) ## 2855. (a) Except as otherwise provided in subdivision (b), a contract to render personal service, other than a contract of apprenticeship as provided in Chapter 4 (commencing with Section 3070), may not be enforced against the employee beyond seven years from the commencement of service under it. Any contract, otherwise valid, to perform or render service of a special, unique, unusual, extraordinary, or intellectual character, which gives it peculiar value and the loss of which cannot be reasonably or adequately compensated in damages in an action at law, may nevertheless be enforced against the person contracting to render the service, for a term not to exceed seven years from the commencement of service under it. If the employee voluntarily continues to serve under it beyond that time, the contract may be referred to as affording a presumptive measure of the compensation. (b) Notwithstanding subdivision (a): (1) Any employee who is a party to a contract to render personal service in the production of phonorecords in which sounds are first fixed, as defined in Section 101 of Title 17 of the United States Code, may not invoke the provisions of subdivision (a) without first giving written notice to the employer in accordance with Section 1020 of the Code of Civil Procedure, specifying that the employee from and after a future date certain specified in the notice will no longer render service under the contract by reason of subdivision (a). (2) Any party to a contract described in paragraph (1) shall have the right to recover damages for a breach of the contract occurring during its term in an action commenced during or after its term, but within the applicable period prescribed by law. (3) If a party to a contract described in paragraph (1) is, or could contractually be, required to render personal service in the production of a specified quantity of the phonorecords and fails to render all of the required service prior to the date specified in the notice provided in paragraph (1), the party damaged by the failure shall have the right to recover damages for each phonorecord as to which that party has failed to render service in an action that, notwithstanding paragraph (2), shall be commenced within 45 days after the date specified in the notice. (Amended by Stats. 2006, Ch. 538, Sec. 487. Effective January 1, 2007.)
  44. 2856.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 3. Obligations of Employee [2850 - 2866] ( Article 3 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    An employee must substantially follow the employer’s directions about the work being performed, unless doing so is impossible, unlawful, or would create new and unreasonable burdens.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 3. Obligations of Employee [2850 - 2866] ( Article 3 enacted by Stats. 1937, Ch. 90. ) ## 2856. An employee shall substantially comply with all the directions of his employer concerning the service on which he is engaged, except where such obedience is impossible or unlawful, or would impose new and unreasonable burdens upon the employee. (Enacted by Stats. 1937, Ch. 90.)
  45. 2857.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 3. Obligations of Employee [2850 - 2866] ( Article 3 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    An employee must perform service according to the local usage at the place of work, unless the employer directs otherwise or doing so would be impracticable or clearly harmful to the employer.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 3. Obligations of Employee [2850 - 2866] ( Article 3 enacted by Stats. 1937, Ch. 90. ) ## 2857. An employee shall perform his service in conformity to the usage of the place of performance, unless otherwise directed by his employer, or unless it is impracticable or manifestly injurious to his employer to do so. (Enacted by Stats. 1937, Ch. 90.)
  46. 2858.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 3. Obligations of Employee [2850 - 2866] ( Article 3 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    An employee must exercise a reasonable degree of skill, unless the employer already knew before hiring that the employee lacked skill.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 3. Obligations of Employee [2850 - 2866] ( Article 3 enacted by Stats. 1937, Ch. 90. ) ## 2858. An employee is bound to exercise a reasonable degree of skill, unless his employer has notice, before employing him, of his want of skill. (Enacted by Stats. 1937, Ch. 90.)
  47. 2859.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 3. Obligations of Employee [2850 - 2866] ( Article 3 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    An employee must use the skill the employee has, to the extent it is required for the specified service.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 3. Obligations of Employee [2850 - 2866] ( Article 3 enacted by Stats. 1937, Ch. 90. ) ## 2859. An employee is always bound to use such skill as he possesses, so far as the same is required, for the service specified. (Enacted by Stats. 1937, Ch. 90.)
  48. 2860.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 3. Obligations of Employee [2850 - 2866] ( Article 3 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    An employee’s employment-related acquisitions belong to the employer, except compensation owed to the employee.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 3. Obligations of Employee [2850 - 2866] ( Article 3 enacted by Stats. 1937, Ch. 90. ) ## 2860. Everything which an employee acquires by virtue of his employment, except the compensation which is due to him from his employer, belongs to the employer, whether acquired lawfully or unlawfully, or during or after the expiration of the term of his employment. (Enacted by Stats. 1937, Ch. 90.)
  49. 2861.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 3. Obligations of Employee [2850 - 2866] ( Article 3 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    An employee must give the employer just accounts of service-related transactions when asked, and must promptly tell the employer about anything received for the employer’s account even without being asked.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 3. Obligations of Employee [2850 - 2866] ( Article 3 enacted by Stats. 1937, Ch. 90. ) ## 2861. An employee shall, on demand, render to his employer just accounts of all his transactions in the course of his service, as often as is reasonable, and shall, without demand, give prompt notice to his employer of everything which he receives for the account of the employer. (Enacted by Stats. 1937, Ch. 90.)
  50. 2862.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 3. Obligations of Employee [2850 - 2866] ( Article 3 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    An employee who receives something on behalf of an employer generally does not have to hand it over until the employer demands it, and may not send it from a distance without demand if that would be riskier than keeping it.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 3. Obligations of Employee [2850 - 2866] ( Article 3 enacted by Stats. 1937, Ch. 90. ) ## 2862. An employee who receives anything on account of his employer, in any capacity other than that of a mere servant, is not bound to deliver it to the employer until demanded, and is not at liberty to send it to the employer from a distance, without demand, in any mode involving greater risk than its retention by the employee himself. (Enacted by Stats. 1937, Ch. 90.)
  51. 2863.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 3. Obligations of Employee [2850 - 2866] ( Article 3 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    An employee with similar own business must always prefer the employer’s business.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 3. Obligations of Employee [2850 - 2866] ( Article 3 enacted by Stats. 1937, Ch. 90. ) ## 2863. An employee who has any business to transact on his own account, similar to that intrusted to him by his employer, shall always give the preference to the business of the employer. (Enacted by Stats. 1937, Ch. 90.)
  52. 2864.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 3. Obligations of Employee [2850 - 2866] ( Article 3 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    An employee authorized to hire a substitute is only liable to the principal for lack of ordinary care in choosing the substitute, and the substitute is directly responsible to the principal.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 3. Obligations of Employee [2850 - 2866] ( Article 3 enacted by Stats. 1937, Ch. 90. ) ## 2864. An employee who is expressly authorized to employ a substitute is liable to his principal only for want of ordinary care in his selection. The substitute is directly responsible to the principal. (Enacted by Stats. 1937, Ch. 90.)
  53. 2865.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 3. Obligations of Employee [2850 - 2866] ( Article 3 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    An employee who is culpably negligent is liable for damage caused to the employer, and an employer must pay the employee the value of services properly rendered when the service is not gratuitous.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 3. Obligations of Employee [2850 - 2866] ( Article 3 enacted by Stats. 1937, Ch. 90. ) ## 2865. An employee who is guilty of a culpable degree of negligence is liable to his employer for the damage thereby caused to the employer. The employer is liable to the employee if the service is not gratuitous, for the value of the services only as are properly rendered. (Enacted by Stats. 1937, Ch. 90.)
  54. 2866.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 3. Obligations of Employee [2850 - 2866] ( Article 3 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    If two or more people are jointly to render a service and one dies, the survivor must act alone only if the service can properly be performed without the deceased person’s help.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 3. Obligations of Employee [2850 - 2866] ( Article 3 enacted by Stats. 1937, Ch. 90. ) ## 2866. Where service is to be rendered by two or more persons jointly, and one of them dies, the survivor shall act alone, if the service to be rendered is such as he can rightly perform without the aid of the deceased person, but not otherwise. (Enacted by Stats. 1937, Ch. 90.)
  55. 2870.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 3.5. Inventions Made by an Employee [2870 - 2872] ( Article 3.5 added by Stats. 1979, Ch. 1001. )

    Verify source ↗

    Employment agreement clauses that require an employee to assign certain inventions to the employer do not apply to inventions developed entirely on the employee’s own time without using the employer’s resources, unless specified business-related exceptions apply.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 3.5. Inventions Made by an Employee [2870 - 2872] ( Article 3.5 added by Stats. 1979, Ch. 1001. ) ## 2870. (a) Any provision in an employment agreement which provides that an employee shall assign, or offer to assign, any of his or her rights in an invention to his or her employer shall not apply to an invention that the employee developed entirely on his or her own time without using the employer’s equipment, supplies, facilities, or trade secret information except for those inventions that either: (1) Relate at the time of conception or reduction to practice of the invention to the employer’s business, or actual or demonstrably anticipated research or development of the employer; or (2) Result from any work performed by the employee for the employer. (b) To the extent a provision in an employment agreement purports to require an employee to assign an invention otherwise excluded from being required to be assigned under subdivision (a), the provision is against the public policy of this state and is unenforceable. (Amended by Stats. 1991, Ch. 647, Sec. 5.)
  56. 2871.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 3.5. Inventions Made by an Employee [2870 - 2872] ( Article 3.5 added by Stats. 1979, Ch. 1001. )

    Verify source ↗

    An employer may not make employment or continued employment depend on a provision that Section 2870 makes void and unenforceable.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 3.5. Inventions Made by an Employee [2870 - 2872] ( Article 3.5 added by Stats. 1979, Ch. 1001. ) ## 2871. No employer shall require a provision made void and unenforceable by Section 2870 as a condition of employment or continued employment. Nothing in this article shall be construed to forbid or restrict the right of an employer to provide in contracts of employment for disclosure, provided that any such disclosures be received in confidence, of all of the employee’s inventions made solely or jointly with others during the term of his or her employment, a review process by the employer to determine such issues as may arise, and for full title to certain patents and inventions to be in the United States, as required by contracts between the employer and the United States or any of its agencies. (Added by Stats. 1979, Ch. 1001.)
  57. 2872.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 3.5. Inventions Made by an Employee [2870 - 2872] ( Article 3.5 added by Stats. 1979, Ch. 1001. )

    Verify source ↗

    If an after-1980 employment agreement requires an employee to assign invention rights to the employer, the employer must give the employee written notice at the time the agreement is signed that the agreement does not apply to inventions fully covered by Section 2870.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 3.5. Inventions Made by an Employee [2870 - 2872] ( Article 3.5 added by Stats. 1979, Ch. 1001. ) ## 2872. If an employment agreement entered into after January 1, 1980, contains a provision requiring the employee to assign or offer to assign any of his or her rights in any invention to his or her employer, the employer must also, at the time the agreement is made, provide a written notification to the employee that the agreement does not apply to an invention which qualifies fully under the provisions of Section 2870. In any suit or action arising thereunder, the burden of proof shall be on the employee claiming the benefits of its provisions. (Added by Stats. 1979, Ch. 1001.)
  58. 29.

    ## Labor Code - LAB ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    “Medical director” means the physician appointed by the administrative director under Section 122.

    ## Labor Code - LAB ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 90. ) ## 29. “Medical director” means the physician appointed by the administrative director pursuant to Section 122. (Amended by Stats. 2003, Ch. 639, Sec. 2. Effective January 1, 2004.)
  59. 29.5.

    ## Labor Code - LAB ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    The Governor must issue an annual proclamation declaring April 28 as Workers’ Memorial Day and recommend that it be observed appropriately.

    ## Labor Code - LAB ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 90. ) ## 29.5. The Governor shall annually issue a proclamation declaring April 28 as Workers’ Memorial Day in remembrance of the courage and integrity of American workers, and recommending that the day be observed in an appropriate manner. (Added by Stats. 1992, Ch. 571, Sec. 2. Effective January 1, 1993.)
  60. 2920.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 4. Termination of Employment [2920 - 2929] ( Article 4 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    Employment ends if the term expires, the subject ends, the employee dies, or the employee becomes legally incapable of acting as an employee.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 4. Termination of Employment [2920 - 2929] ( Article 4 enacted by Stats. 1937, Ch. 90. ) ## 2920. Every employment is terminated by any of the following: (a) Expiration of its appointed term. (b) Extinction of its subject. (c) Death of the employee. (d) The employee’s legal incapacity to act as such. (Enacted by Stats. 1937, Ch. 90.)
  61. 2921.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 4. Termination of Employment [2920 - 2929] ( Article 4 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    An employment that is not tied to the employee’s interest in its subject ends when the employee is notified of the employer’s death or legal incapacity to contract.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 4. Termination of Employment [2920 - 2929] ( Article 4 enacted by Stats. 1937, Ch. 90. ) ## 2921. Every employment in which the power of the employee is not coupled with an interest in its subject is terminated by notice to the employee of either of the following: (a) The death of the employer. (b) The legal incapacity of the employer to contract. (Enacted by Stats. 1937, Ch. 90.)
  62. 2922.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 4. Termination of Employment [2920 - 2929] ( Article 4 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    A no-fixed-term employment may be ended by either party, but notice must be given to the other party.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 4. Termination of Employment [2920 - 2929] ( Article 4 enacted by Stats. 1937, Ch. 90. ) ## 2922. An employment, having no specified term, may be terminated at the will of either party on notice to the other. Employment for a specified term means an employment for a period greater than one month. (Amended by Stats. 1971, Ch. 1607.)
  63. 2923.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 4. Termination of Employment [2920 - 2929] ( Article 4 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    After notice of an employer’s death or incapacity, an employee generally must keep working for a reasonable time if needed to protect the successor’s interests, unless the service term has ended or the employee may stop without notice. The successor must pay for that service under the employment contract.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 4. Termination of Employment [2920 - 2929] ( Article 4 enacted by Stats. 1937, Ch. 90. ) ## 2923. An employee, unless the term of his service has expired or unless he has a right to discontinue it at any time without notice, shall continue his service after notice of the death or incapacity of his employer, so far as is necessary to protect from serious injury the interests of the employer’s successor in interest, until a reasonable time after notice of the facts has been communicated to such successor. The successor shall compensate the employee for such service according to the terms of the contract of employment. (Enacted by Stats. 1937, Ch. 90.)
  64. 2924.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 4. Termination of Employment [2920 - 2929] ( Article 4 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    An employer may terminate a fixed-term employment at any time if the employee willfully breaches duty, habitually neglects duty, or remains continually unable to perform it.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 4. Termination of Employment [2920 - 2929] ( Article 4 enacted by Stats. 1937, Ch. 90. ) ## 2924. An employment for a specified term may be terminated at any time by the employer in case of any willful breach of duty by the employee in the course of his employment, or in case of his habitual neglect of his duty or continued incapacity to perform it. (Amended by Stats. 1971, Ch. 1607.)
  65. 2925.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 4. Termination of Employment [2920 - 2929] ( Article 4 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    An employee may end a fixed-term employment at any time if the employer seriously or permanently breaches obligations owed to the employee.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 4. Termination of Employment [2920 - 2929] ( Article 4 enacted by Stats. 1937, Ch. 90. ) ## 2925. An employment for a specified term may be terminated by the employee at any time in case of any wilful or permanent breach of the obligations of his employer to him as an employee. (Enacted by Stats. 1937, Ch. 90.)
  66. 2926.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 4. Termination of Employment [2920 - 2929] ( Article 4 enacted by Stats. 1937, Ch. 90. )

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    An employee who is not hired for a fixed term and is dismissed by the employer is entitled to compensation for services already performed up to dismissal.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 4. Termination of Employment [2920 - 2929] ( Article 4 enacted by Stats. 1937, Ch. 90. ) ## 2926. An employee who is not employed for a specified term and who is dismissed by his employer is entitled to compensation for services rendered up to the time of such dismissal. (Enacted by Stats. 1937, Ch. 90.)
  67. 2927.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 4. Termination of Employment [2920 - 2929] ( Article 4 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    An employee who is not hired for a fixed term and quits is entitled to compensation for services already performed.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 4. Termination of Employment [2920 - 2929] ( Article 4 enacted by Stats. 1937, Ch. 90. ) ## 2927. An employee who is not employed for a specified term and who quits the service of his employer is entitled to compensation for services rendered up to the time of such quitting. (Enacted by Stats. 1937, Ch. 90.)
  68. 2928.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 4. Termination of Employment [2920 - 2929] ( Article 4 enacted by Stats. 1937, Ch. 90. )

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    An employer may not deduct more from an employee’s wages for being late than the wages actually lost; if the lost time is under 30 minutes, a half-hour’s wage may be deducted.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 4. Termination of Employment [2920 - 2929] ( Article 4 enacted by Stats. 1937, Ch. 90. ) ## 2928. No deduction from the wages of an employee on account of his coming late to work shall be made in excess of the proportionate wage which would have been earned during the time actually lost, but for a loss of time less than thirty minutes, a half hour’s wage may be deducted. (Enacted by Stats. 1937, Ch. 90.)
  69. 2929.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 4. Termination of Employment [2920 - 2929] ( Article 4 enacted by Stats. 1937, Ch. 90. )

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    An employer may not fire an employee because the employee’s wages were threatened with garnishment or were garnished for one judgment.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 4. Termination of Employment [2920 - 2929] ( Article 4 enacted by Stats. 1937, Ch. 90. ) ## 2929. (a) As used in this section: (1) “Garnishment” means any judicial procedure through which the wages of an employee are required to be withheld for the payment of any debt. (2) “Wages” has the same meaning as that term has under Section 200. (b) No employer may discharge any employee by reason of the fact that the garnishment of his wages has been threatened. No employer may discharge any employee by reason of the fact that his wages have been subjected to garnishment for the payment of one judgment. A provision of a contract of employment that provides an employee with less protection than is provided by this subdivision is against public policy and void. (c) Unless the employee has greater rights under the contract of employment, the wages of an employee who is discharged in violation of this section shall continue until reinstatement notwithstanding such discharge, but such wages shall not continue for more than 30 days and shall not exceed the amount of wages earned during the 30 calendar days immediately preceding the date of the levy of execution upon the employee’s wages which resulted in his discharge. The employee shall give notice to his employer of his intention to make a wage claim under this subdivision within 30 days after being discharged; and, if he desires to have the Labor Commissioner take an assignment of his wage claim, the employee shall file a wage claim with the Labor Commissioner within 60 days after being discharged. The Labor Commissioner may, in his discretion, take assignment of wage claims under this subdivision as provided for in Section 96. A discharged employee shall not be permitted to recover wages under this subdivision if a criminal prosecution based on the same discharge has been commenced for violation of Section 304 of the Consumer Credit Protection Act of 1968 (15 U.S.C. Sec. 1674). (d) Nothing in this section affects any other rights the employee may have against his employer. (e) This section is intended to aid in the enforcement of the prohibition against discharge for garnishment of earnings provided in the Consumer Credit Protection Act of 1968 (15 U.S.C. Secs. 1671–1677) and shall be interpreted and applied in a manner which is consistent with the corresponding provisions of such act. (Added by Stats. 1971, Ch. 1607.)
  70. 2930.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 5. Investigations of Employees [2930- 2930.] ( Article 5 added by Stats. 1978, Ch. 1252. )

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    Employers must give the employee a copy of a shopping-investigation report before discipline or discharge based on that report, and must give a copy during an interview that might end in termination for dishonesty.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employer and Employee [2750 - 2930] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 5. Investigations of Employees [2930- 2930.] ( Article 5 added by Stats. 1978, Ch. 1252. ) ## 2930. (a) Any employer who disciplines or discharges an employee on the basis of a shopping investigator’s report of the employee’s conduct, performance, or honesty performed by a person licensed pursuant to Chapter 11 (commencing with Section 7500) of Division 3 of the Business and Professions Code shall provide the employee with a copy of the investigation report prior to discharging or disciplining the employee. Where an interview occurs which might result in the termination of an employee for dishonesty, the employee shall be handed a copy of the latest investigation report on which the interview was based during the course of the interview prior to its conclusion. This section shall not be applicable if the licensee conducting the investigation is employed exclusively and regularly by one employer in connection with the affairs of only that employer and where there exists an employer-employee relationship and the entire investigation is conducted solely for such employer by such licensee. (b) For purposes of this section, a “shopping investigator” is a person who: shops in commercial, retail, and service establishments to test integrity of sales, warehouse, stockroom, and service personnel, and evaluates sales techniques and services rendered customers; reviews an establishment’s policies and standards to ascertain employee performance requirements; buys merchandise, orders food, or utilizes services to evaluate sales technique and courtesy of employees, carries merchandise to check stand or sales counter and observes employees during sales transaction to detect irregularities in listing or calling prices, itemizing merchandise, or handling cash; or delivers purchases to an agency conducting shopping investigation service; and, following any one or more of the above activities, writes a report of investigations for each establishment visited. (Amended by Stats. 1980, Ch. 370.)
  71. 3.

    ## Labor Code - LAB ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 90. )

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    People already in office under repealed acts keep that office if the code continues it.

    ## Labor Code - LAB ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 90. ) ## 3. All persons who, at the time this code goes into effect, hold office under any of the acts repealed by this code, which offices are continued by this code, continue to hold the same according to the former tenure thereof. (Enacted by Stats. 1937, Ch. 90.)
  72. 300.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 1. COMPENSATION [200 - 452] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Assignment of Wages [300- 300.] ( Chapter 2 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    This section restricts and regulates wage assignments, limits withholding to 50%, lets the maker revoke certain assignments or powers of attorney, and gives the employer a right to rely on stated facts in the written statement.

    ## Labor Code - LAB ## DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.8] ( Division 2 enacted by Stats. 1937, Ch. 90. ) ## PART 1. COMPENSATION [200 - 452] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Assignment of Wages [300- 300.] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## 300. (a) As used in this section, the phrase “assignment of wages” includes the sale or assignment of, or giving of an order for, wages or salary but does not include an order or assignment made pursuant to Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of the Family Code or Section 3088 of the Probate Code. (b) No assignment of wages, earned or to be earned, is valid unless all of the following conditions are satisfied: (1) The assignment is contained in a separate written instrument, signed by the person by whom the wages or salary have been earned or are to be earned, and identifying specifically the transaction to which the assignment relates. (2) Where the assignment is made by a married person, the written consent of the spouse of the person making the assignment is attached to the assignment. No such consent is required of any married person (A) after entry of a judgment decreeing a legal separation from such person’s spouse or (B) if the married person and the spouse of the married person are living separate and apart after entry of an interlocutory judgment of dissolution of their marriage, if a written statement by the person making the assignment, setting forth such facts, is attached to or included in the assignment. (3) Where the assignment is made by a minor, the written consent of a parent or guardian of the minor is attached to the assignment. (4) Where the assignment is made by a person who is unmarried or who is an adult or who is both unmarried and an adult, a written statement by the person making the assignment, setting forth such facts, is attached to or included in the assignment. (5) No other assignment exists in connection with the same transaction or series of transactions and a written statement by the person making the assignment to that effect is attached to or included in the assignment. (6) A copy of the assignment and of the written statement provided for in paragraphs (2), (4), and (5), authenticated by a notary public, is filed with the employer, accompanied by an itemized statement of the amount then due to the assignee. (7) At the time the assignment is filed with the employer, no other assignment of wages of the employee is subject to payment and no earnings withholding order against the employee’s wages or salary is in force. (c) Under any assignment of wages, a sum not to exceed 50 per centum of the assignor’s wages or salary shall be withheld by, and be collectible from, the assignor’s employer at the time of each payment of such wages or salary. (d) The employer is entitled to rely upon the statements of fact in the written statement provided for in paragraphs (2), (4), and (5) of subdivision (b), without the necessity of inquiring into the truth thereof, and the employer shall incur no liability whatsoever by reason of any payments made by the employer to an assignee under any assignment in reliance upon the facts so stated. (e) An assignment of wages to be earned is revocable at any time by the maker thereof. Any power of attorney to assign or collect wages or salary is revocable at any time by the maker thereof. No revocation of such an assignment or power of attorney is effective as to the employer until the employer receives written notice of revocation from the maker. (f) No assignment of wages, earned or to be earned, is valid under any circumstances if the wages or salary earned or to be earned are paid under a plan for payment at a central place or places established under the provisions of Section 204a. (g) This section does not apply to deductions which the employer may be requested by the employee to make for the payment of life, retirement, disability or unemployment insurance premiums, for the payment of taxes owing from the employee, for contribution to funds, plans or systems providing for death, retirement, disability, unemployment, or other benefits, for the payment for goods or services furnished by the employer to the employee or the employee’s family at the request of the employee, or for charitable, educational, patriotic or similar purposes. (h) No assignment of wages is valid unless at the time of the making thereof, such wages or salary have been earned, except for necessities of life and then only to the person or persons furnishing such necessities of life directly and then only for the amount needed to furnish such necessities. (Amended by Stats. 1992, Ch. 163, Sec. 99. Effective January 1, 1993. Operative January 1, 1994, by Sec. 161 of Ch. 163.)
  73. 3070.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 1. Administration [3070 - 3074.7] ( Article 1 heading added by Stats. 2018, Ch. 704, Sec. 20. )

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    The Governor appoints the California Apprenticeship Council, and the Council elects its chairperson.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 1. Administration [3070 - 3074.7] ( Article 1 heading added by Stats. 2018, Ch. 704, Sec. 20. ) ## 3070. There is in the Division of Apprenticeship Standards the California Apprenticeship Council, which shall be appointed by the Governor, composed of six representatives each from employers or employer organizations and employee organizations, that sponsor apprenticeship programs under Section 3071, respectively, geographically selected, and of two representatives of the general public. The Director of Industrial Relations, or his or her permanent and best qualified designee, and the Superintendent of Public Instruction, or his or her permanent and best qualified designee, and the Chancellor of the California Community Colleges, or his or her permanent and best qualified designee, and the Chairperson of the California Firefighter Joint Apprenticeship Committee (Cal-JAC), or his or her permanent and best qualified designee, shall also be members of the California Apprenticeship Council. The chairperson shall be elected by vote of the California Apprenticeship Council. Beginning with appointments in 1985, three representatives each of employers and employees, and one public representative shall serve until January 15, 1989. In 1987, three representatives each of the employers and employees, and one public representative shall serve until January 15, 1991. Any member whose term expires on January 15, 1986, shall continue to serve until January 15, 1987. Thereafter each member shall serve for a term of four years. Any member appointed to fill a vacancy occurring prior to the expiration of the term of his or her predecessor shall be appointed for the remainder of that term. Each member of the council shall receive the sum of one hundred dollars ($100) for each day of actual attendance at meetings of the council, for each day of actual attendance at hearings by the council or a committee thereof pursuant to Section 3082, and for each day of actual attendance at meetings of other committees established by the council and approved by the Director of Industrial Relations, together with his or her actual and necessary traveling expenses incurred in connection therewith. (Amended by Stats. 2018, Ch. 704, Sec. 21. (AB 235) Effective September 22, 2018.)
  74. 3071.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 1. Administration [3070 - 3074.7] ( Article 1 heading added by Stats. 2018, Ch. 704, Sec. 20. )

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    The California Apprenticeship Council must meet quarterly and issue rules and regulations for apprenticeship standards and related equal-opportunity requirements.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 1. Administration [3070 - 3074.7] ( Article 1 heading added by Stats. 2018, Ch. 704, Sec. 20. ) ## 3071. (a) The California Apprenticeship Council shall meet quarterly at a designated date and special meetings may be held at the call of the chair. The council shall issue rules and regulations which establish standards for minimum wages, maximum hours, and working conditions for apprentice agreements in the building and construction trades and for firefighter occupations, hereinafter in this chapter referred to as apprenticeship standards, which in no case shall be lower than those prescribed by this chapter; and shall issue rules and regulations governing equal opportunities in apprenticeship, affirmative action programs which include women and minorities in apprenticeship, and other on-the-job training, and criteria for selection procedures with a view particularly toward eliminating criteria not relevant to qualification for training employment or more stringent than is reasonably necessary. (b) For purposes of this section, “firefighter occupations” means those occupations submitted by the California Firefighter Joint Apprenticeship Committee and approved by the Chief of the Division of Apprenticeship Standards. (c) Notwithstanding the standards established pursuant to subdivision (a), if the minimum wages, maximum hours, and working conditions for apprentices in the California Firefighter Joint Apprenticeship Program are in conflict with the provisions of a collective bargaining agreement with a public employer, the provisions of the collective bargaining agreement shall prevail. (Amended by Stats. 2018, Ch. 704, Sec. 22. (AB 235) Effective September 22, 2018.)
  75. 3071.5.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 1. Administration [3070 - 3074.7] ( Article 1 heading added by Stats. 2018, Ch. 704, Sec. 20. )

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    This section sets up the Interagency Advisory Committee on Apprenticeship, explains who sits on it, and gives the Secretary of Labor and Workforce Development and the committee specific appointment and operating duties.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 1. Administration [3070 - 3074.7] ( Article 1 heading added by Stats. 2018, Ch. 704, Sec. 20. ) ## 3071.5. There is also in the Division of Apprenticeship Standards the Interagency Advisory Committee on Apprenticeship. The membership and duties of this committee shall be as follows: (a) The following officials or their designees shall serve as ex officio members of this committee: (1) The Secretary of Labor and Workforce Development. (2) The executive director of the California Workforce Development Board. (3) The Director of Industrial Relations. (4) The executive director of the Employment Training Panel. (5) The Superintendent of Public Instruction. (6) The Chancellor of the California Community Colleges. (7) The Director of Rehabilitation. (8) The executive director of the State Council on Developmental Disabilities. (9) The director of the State Department of Social Services. (10) The State Public Health Officer. (11) The Director of Consumer Affairs. (b) The membership of this committee shall also include six persons appointed by the Secretary of Labor and Workforce Development who are familiar with apprenticeable occupations not within the jurisdiction of the council established pursuant to Section 3070. Two persons shall be representatives of employers or employer organizations, two persons shall be representatives of employee organizations, and two persons shall be public representatives who are neither employers nor affiliated with any employer or employee organization. Upon the operative date of this section, the secretary shall appoint one representative of each group appointed to two-year terms and one representative of each group to four-year terms. Thereafter, members appointed by the secretary pursuant to this subdivision shall serve for a term of four years, and any member appointed to fill a vacancy occurring before the expiration of the term of their predecessor shall be appointed for the remainder of that term. Members appointed by the secretary pursuant to this subdivision shall receive the sum of one hundred dollars ($100) for each day of actual attendance at meetings of the committee and for each day of actual attendance at hearings by the committee or a subcommittee thereof, together with actual and necessary traveling expenses incurred in connection therewith. (c) The Secretary of Labor and Workforce Development shall designate one of the members as the committee’s chair. The committee shall meet quarterly at a designated date, and special meetings may be held at the call of the chair. The committee shall provide advice and guidance to the Administrator of Apprenticeship and Chief of the Division of Apprenticeship Standards on apprenticeship programs, standards, and agreements that are not within the jurisdiction of the council established pursuant to Section 3070, and on the development and administration of standards governing preapprenticeship, certification, and on-the-job training and retraining programs outside the building and construction trades and firefighters. (d) The committee may create subcommittees as needed to address specific industry sectors or projects and shall create a subcommittee to address apprenticeship for the disabled community. (Amended by Stats. 2021, Ch. 477, Sec. 4.5. (AB 1273) Effective January 1, 2022.)
  76. 3071.7.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 1. Administration [3070 - 3074.7] ( Article 1 heading added by Stats. 2018, Ch. 704, Sec. 20. )

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    The advisory committee must create a subcommittee to study youth participation in apprenticeships and preapprenticeships, and the subcommittee must collect data, evaluate outcomes, identify challenges, and make recommendations.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 1. Administration [3070 - 3074.7] ( Article 1 heading added by Stats. 2018, Ch. 704, Sec. 20. ) ## 3071.7. (a) For purposes of this section: (1) “Current foster youth” means a child or nonminor dependent, as defined by Section 675(8) of Title 42 of the United States Code and subdivision (v) of Section 11400 of the Welfare and Institutions Code, who is between the ages of 13 and 21 years, has been removed from the custody of their parent, legal guardian, or Indian custodian, pursuant to Section 361 or Section 726 of the Welfare and Institutions Code, and is under an order of foster care placement by the juvenile court. (2) “Former foster youth” means a person between the ages of 18 and 26 years who previously met the definition of “current foster youth.” “Former foster youth” does not include a child or nonminor dependent whose placement was terminated by reunification with a parent, legal guardian, Indian custodian, appointment of a legal guardian, or adoption. (3) “Foster youth” means current foster youth and former foster youth. (4) “Homeless youth” means a person up to 26 years of age who meets the definition of “homeless children and youths” in Section 11434a(2) of Title 42 of the United States Code, as it read on January 1, 2021. (b) The Interagency Advisory Committee on Apprenticeship shall create a subcommittee to study and report on issues related to the participation of homeless youth and foster youth in apprenticeships and preapprenticeships. The subcommittee shall do all of the following: (1) Collect and organize publicly available or agency member data on the number of homeless youth and foster youth served by California’s apprenticeship system. Member data shall be deidentified to protect the privacy rights of individuals. (2) Evaluate the success rate of apprenticeships and preapprenticeships among homeless youth and foster youth. (3) Identify existing challenges related to identifying, reaching, and recruiting homeless youth and foster youth, along with potential opportunities to improve the rate of successful apprenticeship completion. (4) Prepare recommendations on how to address the challenges identified in paragraph (3), which may include considerations relative to the need for additional services or specialized training programs. (c) On and after July 1, 2023, the findings and recommendations identified in subdivision (b) shall be included in the annual report to the Legislature required by Section 3073.5. (d) At the request of any member of the subcommittee, the duties of the subcommittee described in subdivision (b) may be expanded to include issues related to minority populations. (Added by Stats. 2021, Ch. 194, Sec. 2. (AB 565) Effective January 1, 2022.)
  77. 3072.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 1. Administration [3070 - 3074.7] ( Article 1 heading added by Stats. 2018, Ch. 704, Sec. 20. )

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    The Director of Industrial Relations is the Administrator of Apprenticeship and may appoint assistants as needed to carry out this chapter.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 1. Administration [3070 - 3074.7] ( Article 1 heading added by Stats. 2018, Ch. 704, Sec. 20. ) ## 3072. The Director of Industrial Relations is ex officio the Administrator of Apprenticeship and is authorized to appoint assistants as necessary to effectuate the purposes of this chapter. (Amended by Stats. 2012, Ch. 46, Sec. 100. (SB 1038) Effective June 27, 2012.)
  78. 3073.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 1. Administration [3070 - 3074.7] ( Article 1 heading added by Stats. 2018, Ch. 704, Sec. 20. )

    Verify source ↗

    The chief of apprenticeship standards must administer this chapter and issue apprenticeship rules; they also have several operational duties and may make certain joint agreements and advisories.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 1. Administration [3070 - 3074.7] ( Article 1 heading added by Stats. 2018, Ch. 704, Sec. 20. ) ## 3073. (a) The Chief of the Division of Apprenticeship Standards, or their duly authorized representative, shall administer the provisions of this chapter; act as secretary of the California Apprenticeship Council and the Interagency Advisory Committee on Apprenticeship; shall foster, promote, and develop the welfare of the apprentice and industry, improve the working conditions of apprentices, and advance their opportunities for profitable employment; shall ensure that selection procedures are impartially administered to all applicants for apprenticeship; shall gather and promptly disseminate information through apprenticeship and training information centers; shall maintain on public file in all high schools and field offices of the Employment Development Department the name and location of the local area apprenticeship committees, the filing date, and minimum requirements for application of all registered apprenticeship programs; shall cooperate in the development of apprenticeship programs and may advise with them on problems affecting apprenticeship standards; shall audit all selection and disciplinary proceedings of apprentices or prospective apprentices; may enter joint agreements with the Employment Development Department outreach education and employment programs, and educational institutions on the operation of apprenticeship information centers, including positive efforts to achieve information on equal opportunity and affirmative action programs for women and minorities; and shall supervise and recommend apprenticeship agreements as to these standards and perform such other duties associated therewith as the California Apprenticeship Council may recommend. The chief shall coordinate the exchange, by the California Apprenticeship Council, the Interagency Advisory Committee on Apprenticeship, apprenticeship program sponsors, the Civil Rights Council, community organizations, and other interested persons, of information on available minorities and women who may serve as apprentices. (b) The chief, in consultation with the Interagency Advisory Committee on Apprenticeship, shall issue rules and regulations that establish standards for minimum wages, maximum hours, and working conditions for apprentice agreements in all industries other than the building and construction trades and firefighter occupations, as well as standards governing preapprenticeship, certification, and other on-the-job training and retraining programs and agreements that are certified pursuant to this chapter. Pending the issuance of new rules and regulations pursuant to this subdivision, the following regulations in Title 8 of the California Code of Regulations shall apply to programs in all industries other than the building and construction trades and firefighting: Sections 200 to 202, inclusive, Sections 205 to 224, inclusive, Sections 235 to 263, inclusive, and Sections 281 to 282, inclusive, with the exception of any filing requirements, appeal rights, or other procedures pertaining to the California Apprenticeship Council. (c) Any determination or decision made by the California Apprenticeship Council before the operative date of the act adding subdivision (b) to this section shall be deemed a decision or determination of the chief with respect to any program, trade, or standard that does not remain under the jurisdiction of the California Apprenticeship Council. (Amended by Stats. 2022, Ch. 48, Sec. 68. (SB 189) Effective June 30, 2022.)
  79. 3073.1.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 1. Administration [3070 - 3074.7] ( Article 1 heading added by Stats. 2018, Ch. 704, Sec. 20. )

    Verify source ↗

    The division must evaluate apprenticeship and preapprenticeship programs, and program sponsors must cooperate. The division can publish reports with privacy limits, suspend new apprentice registrations with notice, and start deregistration or other follow-up actions in specified cases.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 1. Administration [3070 - 3074.7] ( Article 1 heading added by Stats. 2018, Ch. 704, Sec. 20. ) ## 3073.1. (a) The division shall evaluate apprenticeship and preapprenticeship programs to ensure that the program evaluated is complying with its standards, that all on-the-job training is supervised by journeypersons, that all classroom instruction required by the apprenticeship or preapprenticeship standards is being provided, that all work processes in the standards are being covered, that graduates have completed the program’s requirements, and that any funds received under this chapter were properly obtained and are being expended appropriately. The division shall examine each apprenticeship program to determine whether apprentices are graduating from or completing the program on schedule or dropping out and to determine whether graduates of the apprenticeship program have obtained employment as journeypersons. During the evaluation, the division shall attempt to contact a statistically valid sample of apprentices who have dropped out of the program prior to completion to determine their reasons for leaving the program. Every program sponsor shall have a duty to cooperate with the division in conducting an evaluation. (b) Evaluation reports for building and construction trade and firefighting programs shall be presented to the California Apprenticeship Council and reports concerning any other program shall be presented to the Interagency Advisory Committee on Apprenticeship. The division shall make reports public, except that the division shall not make public information that would infringe on the privacy of individuals. The division shall recommend remedial action to correct deficiencies recognized in the audit report, and the failure to follow division recommendations or to correct deficiencies within a reasonable period of time shall be grounds for withdrawing state approval of a program. In any case in which a program has willfully violated any of the laws, regulations, or orders governing apprenticeship programs, funding provided to apprenticeship programs and associated entities, applicants for apprenticeship, or apprentices registered under this chapter, the division may initiate the deregistration process to withdraw state approval of the program. Nothing shall prevent the division from conducting evaluations of programs where deficiencies have been identified or where it receives information that a program is not being operated in accordance with applicable federal and state laws and regulations or the program’s approved program standards. If a program is found to be using funds provided under this chapter for purposes other than those for which the funds were granted or is found to have obtained the funds improperly, then the program shall not be eligible to receive any future funding from the same funding program and the division may initiate the deregistration process to withdraw state approval of the program. (c) (1) The division may suspend registrations of new apprentice agreements by providing written notice of the reasons for the suspension. The division shall provide such notice at least 10 days before the suspension is effective and shall serve the notice on the program by electronic mail, or by mail if the program does not have an electronic mail address on file. (2) If the division does not initiate deregistration proceedings within 45 days of the effective date of the suspension, the suspension is lifted. (3) If deregistration proceedings are pending when the notice of suspension is served, or the division initiates deregistration proceedings within 45 days of the effective date of the suspension, the suspension will remain in effect until one of the following occurs: (A) A decision on the deregistration is final. (B) The division provides written notice that it has dismissed deregistration proceedings. (C) The division lifts the suspension, upon a showing of good cause. (4) A program affected by a suspension under this section may appeal to the Administrator of Apprenticeship within 10 days of the effective date of the suspension. If the administrator does not act within 30 days of the appeal, the appeal is deemed denied. (d) The division shall give priority in conducting evaluations to programs that have been identified as having deficiencies. The division may conduct simplified evaluations for programs with fewer than five registered participants. (e) One year following the creation of a new program or substantial expansion of an existing program, the division shall evaluate the program for quality and conformity with the requirements of this section. (f) If the division finds evidence that information provided to it by an apprenticeship program has been purposefully misstated, including information provided to obtain funding under this chapter, the division shall immediately investigate and determine whether an evaluation of the program or deregistration is necessary. After such investigation, the division may initiate the deregistration process to withdraw state approval of the program. The division shall report its investigatory findings for building and construction trade and firefighting programs to the California Apprenticeship Council and shall report its investigatory findings for all other programs to the Interagency Advisory Committee on Apprenticeship. The division shall make the investigatory findings available to the public, except that the division shall not make public information that would infringe upon the privacy of individuals. (g) If the division determines that an apprenticeship program has been the subject of two or more meritorious complaints that concern the recruitment, training, or education of apprentices within a five-year period, the division shall schedule the program for an evaluation within three months of the determination. (h) If the division determines that an apprenticeship program that has had at least two graduating classes has an annual apprentice completion rate below 50 percent of the average completion rate for the applicable occupation, the division shall schedule the program for an evaluation within three months of the determination. (Amended by Stats. 2023, Ch. 131, Sec. 142. (AB 1754) Effective January 1, 2024.)
  80. 3073.2.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 1. Administration [3070 - 3074.7] ( Article 1 heading added by Stats. 2018, Ch. 704, Sec. 20. )

    Verify source ↗

    The division may fund apprenticeship programs with grants, reimbursements, or other funding methods, and it may also use federal funding and enter contracts or interagency agreements.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 1. Administration [3070 - 3074.7] ( Article 1 heading added by Stats. 2018, Ch. 704, Sec. 20. ) ## 3073.2. (a) The division may fund the programs established pursuant to this chapter by means of grants, reimbursements, or other appropriate funding mechanisms rather than contracts. The grants shall not be subject to the review or approval specified in Section 10295 of the Public Contract Code. The division may provide grants, reimbursements, or funding through other appropriate funding mechanisms for any purpose consistent with this chapter, including for training of apprentices or the establishment or ongoing support of an apprenticeship program. The division may enter into contracts or interagency agreements to carry out this function. (b) The division may apply for, receive, and use federal funding for the administration of its functions under this chapter. (Added by Stats. 2022, Ch. 67, Sec. 13. (SB 191) Effective June 30, 2022.)
  81. 3073.3.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 1. Administration [3070 - 3074.7] ( Article 1 heading added by Stats. 2018, Ch. 704, Sec. 20. )

    Verify source ↗

    This section states the Legislature’s intent that the Department of Industrial Relations encourage greater participation by women, ethnic minorities, and disabled people in programs under this chapter.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 1. Administration [3070 - 3074.7] ( Article 1 heading added by Stats. 2018, Ch. 704, Sec. 20. ) ## 3073.3. It is the intent of the Legislature that the Department of Industrial Relations will encourage greater participation for women, ethnic minorities, and the disabled in programs administered pursuant to this chapter. (Amended by Stats. 2019, Ch. 164, Sec. 2. (AB 1019) Effective January 1, 2020.)
  82. 3073.5.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 1. Administration [3070 - 3074.7] ( Article 1 heading added by Stats. 2018, Ch. 704, Sec. 20. )

    Verify source ↗

    Three apprenticeship-related bodies must each report annually, through the Director of Industrial Relations, to the Legislature and the public on their activities.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 1. Administration [3070 - 3074.7] ( Article 1 heading added by Stats. 2018, Ch. 704, Sec. 20. ) ## 3073.5. The Chief of the Division of Apprenticeship Standards, the California Apprenticeship Council, and the Interagency Advisory Committee on Apprenticeship shall annually report separately through the Director of Industrial Relations to the Legislature and the public on their activities. The report shall contain information including, but not limited to, analyses of the following: (a) (1) The number of individuals, including numbers of women, minorities, foster youth, and homeless youth, registered in apprenticeship, preapprenticeship, and other programs administered pursuant to this chapter in the state for the current year and in each of the previous five years. (2) For construction trade and firefighter apprenticeship programs, the report shall include demographic data detailing the racial, ethnic, and gender makeup of those participants for the annual reporting period. (b) The number and percentage of participants, including numbers and percentages of women, minorities, foster youth, and homeless youth, registered in each program having five or more participants, and the percentage of those participants who have completed their programs successfully in the current year and in each of the previous five years. (c) Remedial actions taken by the division to assist those programs having difficulty in achieving affirmative action goals or having very low completion rates. (d) The number of disputed issues with respect to individual apprenticeship or other agreements submitted to the Administrator of Apprenticeship for determination and the number of those issues resolved by the administrator or the council on appeal. (e) The number of apprenticeship and other program applications received by the division, the number approved, the number denied and the reason for those denials, the number being reviewed, and deficiencies, if any, with respect to those program applications being reviewed. (f) The number of apprenticeship programs, approved by the Division of Apprenticeship Standards, that are disapproved by the California Apprenticeship Council, and the reasons for those disapprovals. (g) The number of apprenticeship programs receiving reimbursement for related and supplemental instruction pursuant to Section 8152 or 79149.3 of the Education Code including the amounts reimbursed to each program, as reported to the Division of Apprenticeship Standards by the Chancellor’s Office of the California Community Colleges. (h) The number of apprenticeship programs receiving reimbursement as part of the budget formula developed pursuant to paragraph (2) of subdivision (d) of Section 84750.5 of the Education Code or its successor section, as described in Section 79149.1 of the Education Code including the amounts reimbursed to each program, as reported to the Division of Apprenticeship Standards by the Chancellor’s Office of the California Community Colleges. (i) The activities of the division in expanding youth apprenticeships and outcomes related to the Youth Apprenticeships Grant Program, including: (1) The number of new youth apprentices registered in the current year. (2) The number of active youth apprentices as of the end of the previous year. (3) The number of youth apprentices and preapprentices supported by the Youth Apprenticeship Grant Program, including numbers of women, minorities, foster youth, homeless youth, and individuals in “target populations” as defined in subdivision (g) of Section 3122. (4) The number of grant recipients and the amount of funding disbursed through the Youth Apprenticeship Grant Program pursuant to Section 3122. (j) Any apprenticeship standards or regulations that were proposed or adopted in the previous year. (k) For purposes of this section: (1) “Current foster youth” means a child or nonminor dependent, as defined by Section 675(8) of Title 42 of the United States Code and subdivision (v) of Section 11400 of the Welfare and Institutions Code, who is between the ages of 13 and 21 years, has been removed from the custody of their parent, legal guardian, or Indian custodian, pursuant to Section 361 or Section 726 of the Welfare and Institutions Code, and is under an order of foster care placement by the juvenile court. (2) “Former foster youth” means a person between the ages of 18 and 26 years who previously met the definition of “current foster youth.” “Former foster youth” does not include a child or nonminor dependent whose placement was terminated by reunification with a parent, legal guardian, Indian custodian, appointment of a legal guardian, or adoption. (3) “Foster youth” means current foster youth and former foster youth. (4) “Homeless youth” means a person up to 26 years of age who meets the definition of “homeless children and youths” in Section 11434a(2) of Title 42 of the United States Code, as it read on January 1, 2021. (5) “Youth apprentice” means an apprentice between the ages of 16 and 24 years. (6) “Youth preapprentice” means a preapprentice between the ages of 16 and 24 years. (Amended by Stats. 2022, Ch. 67, Sec. 14. (SB 191) Effective June 30, 2022.)
  83. 3073.6.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 1. Administration [3070 - 3074.7] ( Article 1 heading added by Stats. 2018, Ch. 704, Sec. 20. )

    Verify source ↗

    A person must not willfully discriminate in recruitment or apprenticeship programs on protected bases listed in the Government Code, unless Section 12940 provides otherwise.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 1. Administration [3070 - 3074.7] ( Article 1 heading added by Stats. 2018, Ch. 704, Sec. 20. ) ## 3073.6. Every person who willfully discriminates in any recruitment or apprenticeship program on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, except as otherwise provided in Section 12940 of the Government Code, is guilty of a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000) or by imprisonment for not more than six months, or both. (Added by Stats. 2018, Ch. 704, Sec. 28. (AB 235) Effective September 22, 2018.)
  84. 3073.7.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 1. Administration [3070 - 3074.7] ( Article 1 heading added by Stats. 2018, Ch. 704, Sec. 20. )

    Verify source ↗

    The Division of Apprenticeship Standards may cooperate with the Employment Development Department and other designated service areas, and may make necessary agreements. It must also make maximum effort to persuade sponsors of certain apprenticeship and on-the-job training programs to accept eligible persons.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 1. Administration [3070 - 3074.7] ( Article 1 heading added by Stats. 2018, Ch. 704, Sec. 20. ) ## 3073.7. (a) The Division of Apprenticeship Standards may cooperate in the provision of, or provide, services to the Employment Development Department, and to service delivery areas, as designated pursuant to the federal Workforce Innovation and Opportunity Act (Public Law 113-128), and Division 7 (commencing with Section 14000) of the Unemployment Insurance Code. The Division of Apprenticeship Standards may enter into any agreements as may be necessary for this purpose. (b) The Division of Apprenticeship Standards shall exert maximum effort to persuade sponsors of its registered, nonfederally funded, voluntary apprenticeship and on-the-job training programs to accept to the maximum possible extent the eligible persons as described in the federal Workforce and Opportunity Act (Public Law 113-128), and Division 7 (commencing with Section 14000) of the Unemployment Insurance Code. (Added by Stats. 2018, Ch. 704, Sec. 29. (AB 235) Effective September 22, 2018.)
  85. 3073.9.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 1. Administration [3070 - 3074.7] ( Article 1 heading added by Stats. 2018, Ch. 704, Sec. 20. )

    Verify source ↗

    Apprenticeship programs in building and construction trades must not discriminate against applicants or apprentices and must take active steps to provide equal opportunity.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 1. Administration [3070 - 3074.7] ( Article 1 heading added by Stats. 2018, Ch. 704, Sec. 20. ) ## 3073.9. (a) No building and construction trades apprenticeship program shall discriminate against any apprentice or applicant for apprenticeship on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age for individuals over forty years of age, military or veteran status, or sexual orientation with regard to all of the following: (1) Recruitment, outreach, and selection procedures. (2) Hiring or placement, upgrading, periodic advancement, promotion, demotion, transfer, layoff, termination, right of return from layoff, and rehiring. (3) Rotation among work processes. (4) Imposition of penalties or other disciplinary action. (5) Rates of pay or any other form of compensation and changes in compensation. (6) Conditions of work. (7) Hours of work and hours of training provided. (8) Job assignments. (9) Leaves of absence, sick leave, or any other leave. (10) Any other benefit, term, condition, or privilege associated with apprenticeship. (b) In implementing this section, the division and the Administrator of Apprenticeship shall look to the legal standards, defenses, and exceptions applied under the California Fair Employment and Housing Act, its implementing regulations, and any interpretive guidance issued by the Civil Rights Department in determining whether a building and construction trades apprenticeship program has engaged in a practice prohibited by subdivision (a). (c) Each building and construction trades apprenticeship program shall take affirmative steps to provide equal opportunity in apprenticeship, including: (1) The apprenticeship program shall designate one or more individuals with appropriate authority under the program, such as an apprenticeship coordinator, to be responsible and accountable for overseeing the program’s commitment to equal opportunity in apprenticeship. The designees shall have the resources of, support of, and access to, the apprenticeship program leadership, to ensure effective implementation. The designees will be responsible for all of the following: (A) Monitoring all apprenticeship activity to ensure compliance with the nondiscrimination obligations required by this section. (B) Maintaining records required under this section. (C) Generating and submitting reports as may be required by the division. (2) The apprenticeship program shall inform all applicants for apprenticeship, apprentices, instructors, and employees of the apprenticeship program of its commitment to equal opportunity. The apprenticeship program shall require that apprentices, instructors, and employees of the apprenticeship program take the necessary action to aid the apprenticeship program in meeting its nondiscrimination obligations under this section. The apprenticeship program, at a minimum, shall do all of the following: (A) Publish its equal opportunity pledge set forth in subdivision (c) in the program’s apprenticeship standards, and in appropriate publications, such as apprentice and employee handbooks, policy manuals, newsletters, or other documents disseminated by the apprenticeship program that otherwise describe the nature of the program. (B) Post its equal opportunity pledge set forth in subdivision (c) on bulletin boards, including through electronic media, such that it is accessible to apprentices and applicants for apprenticeship. (C) Conduct orientation and periodic information sessions for apprentices, instructors, and employees of the apprenticeship program to inform and remind such individuals of the apprenticeship program’s equal employment opportunity policy, and to provide the training required by subparagraph (A) of paragraph (4). (D) Provide annual notice to any contractor that employs apprentices of the apprenticeship program’s commitment to equal opportunity and the contractor’s obligation to ensure that apprentices it employs are not harassed or discriminated against on any of the bases described in subdivision (a). (E) Maintain records necessary to demonstrate compliance with these requirements, including records of complaints, and make them available to the Division of Apprenticeship Standards upon request. (3) The apprenticeship program shall implement measures to ensure that its outreach and recruitment efforts for apprentices extend to all persons available for apprenticeship within the apprenticeship program’s relevant recruitment area without regard to the characteristics described in subdivision (a). (4) The apprenticeship program shall develop and implement procedures to ensure that its apprentices are not harassed or discriminated against on any of the bases described in subdivision (a), and to ensure that its apprenticeship program is free from intimidation and retaliation. To promote an environment in which all apprentices feel safe, welcomed, and treated fairly, the apprenticeship program shall ensure all of the following steps are taken: (A) Providing antiharassment and antidiscrimination training to all apprentices, instructors, and employees of the apprenticeship program. This training shall not be a mere transmittal of information, but shall include participation by trainees, such as attending a training session in person or completing interactive training online. The training content shall include, at a minimum, communication of the following: (i) That discriminatory or harassing conduct will not be tolerated. (ii) The definition of discrimination and harassment and the types of conduct that constitute unlawful discrimination and harassment. (iii) The complaint procedures established by the apprenticeship program as described in subparagraph (C). (iv) The procedure for filing a complaint with the Administrator of Apprenticeship pursuant to Section 201 of Title 8 of the California Code of Regulations. (B) Making all facilities and apprenticeship activities available without regard to the characteristics described in subdivision (a) of this section except that if the apprenticeship program provides restrooms or changing facilities, the apprenticeship program may provide separate or all-gender toilets and changing facilities, provided that all individuals have equal access to facilities consistent with their gender identity. (C) Establishing and implementing procedures for handling and resolving internal complaints about harassment or discrimination, including, but not limited to, the following: (i) Designation of an individual or individuals responsible to receive complaints by apprentices of harassment or discrimination. (ii) Procedures for prompt, thorough, and impartial investigation of complaints. (iii) Procedures to protect the confidentiality of complaints to the extent possible and consistent with law. (iv) Policies for immediate and appropriate corrective action when the program determines that harassment or discrimination has occurred, including policies for denying the dispatch of apprentices to, or revoking the training certification of, contractors that have been found by the apprenticeship program to have engaged in or permitted harassment of or discrimination against apprentices. (v) Protections against retaliation for apprentices who have reported instances of harassment or discrimination. (d) Each building and construction trades apprenticeship program shall include in its apprenticeship standards the following equal opportunity pledge: (1) [Name of program] will not discriminate against apprenticeship applicants or apprentices based on race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age for individuals over forty years of age, military or veteran status, or sexual orientation. [Name of program] will take affirmative steps to provide equal opportunity in apprenticeship. (2) The nondiscrimination categories listed in this pledge may be broadened to conform to consistent federal, state, and local requirements. Programs may include additional protected categories, but may not exclude any of the categories protected by this section. (e) An apprenticeship program may provide prevention of harassment training programs for journey-level workers. (f) An apprenticeship program shall maintain records reflecting the prevention of harassment training provided, dates of training, and apprentice or journey-level worker attendance, and shall issue a certificate of completion to the apprentice or journey-level worker. (g) The California Apprenticeship Council may issue rules and regulations as necessary to implement this section, including about what records apprenticeship programs shall maintain to demonstrate compliance with the requirements of this section. The division shall comply with the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (h) (1) Existing registered building and construction trades apprenticeship programs shall comply with all obligations of this section within 180 days of the effective date of this act. (2) A new building and construction trades apprenticeship program registering with the Division of Apprenticeship Standards after the effective date of this act shall comply with all obligations of this section upon registration or within 180 days after the effective date of this section, whichever is later. (i) Failure to comply with the requirements of this section may be grounds for an audit in accordance with Section 3073.1, a complaint to the Administrator of Apprenticeship in accordance with Section 201 of Title 8 of the California Code of Regulations, or other actions in accordance with Section 212.4 of Title 8 of the California Code of Regulations. This section shall not create, or serve as the basis for, a private right of action, or limit any existing private right of action. (Amended by Stats. 2022, Ch. 48, Sec. 69. (SB 189) Effective June 30, 2022.)
  86. 3074.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 1. Administration [3070 - 3074.7] ( Article 1 heading added by Stats. 2018, Ch. 704, Sec. 20. )

    Verify source ↗

    This section assigns apprenticeship instruction and related administration duties to vocational education boards, requires program sponsors to pay certain excess costs, and directs agencies to issue regulations and handle complaints.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 1. Administration [3070 - 3074.7] ( Article 1 heading added by Stats. 2018, Ch. 704, Sec. 20. ) ## 3074. The preparation of trade analyses and development of curriculum for instruction, and the administration and supervision of related and supplemental instruction for apprentices, coordination of instruction with job experiences, and the selection and training of teachers and coordinators for this instruction shall be the responsibility of, and shall be provided by, state and local boards responsible for vocational education upon agreement with the program sponsor. This responsibility shall not preclude the establishment of off-campus related and supplemental instruction when approved, developed, and operated in cooperation with state and local school boards responsible for vocational education, and when the instruction meets all other requirements of this chapter. It is the intent of this chapter that the instruction shall be made available to apprentices through classroom instruction, correspondence courses, self-study, or other means of instruction approved by state and local public education agencies authorized to provide vocational education. Pursuant to this chapter all excess costs incurred by local public education agencies exceeding state apportionments and local revenue earned by the attendance of apprentices shall be payable by the program sponsor, upon joint agreement between the sponsor and the local education agency. The State Board of Education and the Board of Governors of the California Community Colleges, and the Division of Apprenticeship Standards shall jointly issue regulations regarding calculation and payment provisions of excess costs to be borne by the program sponsors. All funds accrued by local education agencies from attendance in apprenticeship classes authorized by this section shall be expended or allocated for all such classes offered by the local education agency before excess costs may be claimed. The Department of Education and the Board of Governors of the California Community Colleges may provide related and supplemental instruction to isolated apprentices as a direct instructional service, on a contractual basis with local school districts, by correspondence, or by a combination of these means. For the purpose of this section, an isolated apprentice is an apprentice registered with the Division of Apprenticeship Standards in the Department of Industrial Relations who cannot be enrolled in a class of related and supplementary instruction for apprentices because of the small number of apprentices available for an appropriate class or because there is no existing apprenticeship program within a reasonable travel distance. Interested parties may file a complaint in accordance with Section 201 of Title 8 of the California Administrative Code, when a community college or secondary education district is unable to reach agreement with program sponsors in providing related and supplemental instruction. In the process of securing an amicable adjustment, the administrator, or his or her representative, shall meet with the parties involved, including, but not limited to, the chancellor, or his or her representative, or the Superintendent of Public Instruction, or his or her representative. Community colleges, and other public school districts, shall refuse to provide related and supplemental instruction to an apprenticeship program when it is determined by the Administrator of Apprenticeship that the program sponsor has been found to be in noncompliance with the State of California Plan for Equal Opportunity in Apprenticeship. (Amended by Stats. 2018, Ch. 704, Sec. 30. (AB 235) Effective September 22, 2018.)
  87. 3074.1.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 1. Administration [3070 - 3074.7] ( Article 1 heading added by Stats. 2018, Ch. 704, Sec. 20. )

    Verify source ↗

    Some school districts, community college districts, and apprenticeship program sponsors must give students information about the availability of apprenticeship programs.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 1. Administration [3070 - 3074.7] ( Article 1 heading added by Stats. 2018, Ch. 704, Sec. 20. ) ## 3074.1. In compliance with the affirmative action requirements of California’s plan for equal opportunity in apprenticeship, school districts maintaining high schools, community colleges districts, and apprenticeship program sponsors, shall provide students with information as to the availability of apprenticeship programs. (Added by Stats. 1976, Ch. 1175.)
  88. 3074.2.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 1. Administration [3070 - 3074.7] ( Article 1 heading added by Stats. 2018, Ch. 704, Sec. 20. )

    Verify source ↗

    A school district or school planning a college or career fair must notify apprenticeship programs in the same county before the fair and include the fair’s date, time, and location.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 1. Administration [3070 - 3074.7] ( Article 1 heading added by Stats. 2018, Ch. 704, Sec. 20. ) ## 3074.2. (a) For the purposes of this section: (1) “Career fair” means an event where multiple private businesses, government agencies, university representatives, or career technical school representatives are invited by a school or school district to present career options or career technical education options for students. (2) “College fair” means an event where multiple college or university representatives are invited by a school or school district to present college options to students. (3) “School” means public schools, including, but not limited to, charter schools and alternative schools. (b) (1) A school district or school that is planning to hold a college or career fair shall notify each apprenticeship program in the same county as the school district or school of the college or career fair. In determining the county location of an apprenticeship program, the school district or school shall rely on the database of approved apprenticeship programs published by the Division of Apprenticeship Standards on its internet website. (2) The notification shall include both of the following: (A) The planned date and time of the college fair or career fair. (B) The planned location of the college fair or career fair. (3) Notice shall be delivered before the planned date of the college or career fair either by first-class mail or by electronic mail pursuant to the contact information contained in the database of approved apprenticeship programs published by the Division of Apprenticeship Standards on its internet website. (c) School districts and schools are encouraged by the Legislature to host apprenticeship fair events, in the style of college and career fair events that are focused on local apprenticeship programs and career technical education opportunities. (Added by Stats. 2021, Ch. 324, Sec. 2. (AB 643) Effective January 1, 2022.)
  89. 3074.3.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 1. Administration [3070 - 3074.7] ( Article 1 heading added by Stats. 2018, Ch. 704, Sec. 20. )

    Verify source ↗

    The Superintendent of Public Instruction and the Chancellor of the California Community Colleges must treat registration in an approved apprenticeship program as an acceptable prerequisite for enrollment in related and supplemental classes.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 1. Administration [3070 - 3074.7] ( Article 1 heading added by Stats. 2018, Ch. 704, Sec. 20. ) ## 3074.3. In providing related and supplemental instruction pursuant to Section 3074, and notwithstanding any provisions of the Education Code, the Superintendent of Public Instruction and the Chancellor of the California Community Colleges shall recognize registration in an apprenticeship program approved by the Division of Apprenticeship Standards in the Department of Industrial Relations as an acceptable prerequisite to enrollment into such related and supplemental classes. (Amended by Stats. 1984, Ch. 285, Sec. 1.)
  90. 3074.7.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 1. Administration [3070 - 3074.7] ( Article 1 heading added by Stats. 2018, Ch. 704, Sec. 20. )

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    A school district governing board may charge a fee for postgraduate and upgrading courses, but only up to the amount needed to cover the full classroom instruction cost.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 1. Administration [3070 - 3074.7] ( Article 1 heading added by Stats. 2018, Ch. 704, Sec. 20. ) ## 3074.7. Notwithstanding any other provision of law, the governing board of a school district which offers classroom instruction in postgraduate and upgrading courses pursuant to subdivision (d) of Section 3093 of this code may impose a fee upon individuals receiving instruction in such postgraduate and upgrading courses. Such fee shall be not more than the amount necessary, as determined by the governing board, to cover the total cost of all such classroom instruction given the individuals. (Added by Stats. 1968, Ch. 961.)
  91. 3075.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 2. Apprenticeship Programs [3075 - 3092] ( Article 2 heading added by Stats. 2018, Ch. 704, Sec. 31. )

    Verify source ↗

    This section sets rules for who may administer and approve apprenticeship programs, how joint sponsorship works when there is a collective bargaining agreement, notice and appeal timing, and limits on certain programs that dispatch apprentices to prevailing-wage or skilled-workforce projects.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 2. Apprenticeship Programs [3075 - 3092] ( Article 2 heading added by Stats. 2018, Ch. 704, Sec. 31. ) ## 3075. (a) An apprenticeship program may be administered by a joint apprenticeship committee, unilateral management or labor apprenticeship committee, or an individual employer. Programs may be approved by the chief in any trade in the state or in a city or trade area, whenever the apprentice training needs justify the establishment. Where a collective bargaining agreement exists, a program shall be jointly sponsored unless either party to the agreement waives its right to representation in writing. Joint apprenticeship committees shall be composed of an equal number of employer and employee representatives. (b) For purposes of subdivision (a), the apprentice training needs in the building and construction trades and firefighter programs shall be deemed to justify the approval of a new apprenticeship program only if any of the following conditions are met: (1) There is no existing apprenticeship program approved under this chapter serving the same craft or trade and geographic area. (2) Existing apprenticeship programs approved under this chapter that serve the same craft or trade and geographic area do not have the capacity, or neglect or refuse, to dispatch sufficient apprentices to qualified employers at a public works site who have requested apprentices and are willing to abide by the applicable apprenticeship standards, as shown by a sustained pattern of unfilled requests. (3) Existing apprenticeship programs approved under this chapter that serve the same trade and geographic area have been identified by the California Apprenticeship Council as deficient in meeting their obligations under this chapter. (c) For purposes of subdivision (b), an existing apprenticeship program serves the “same craft or trade” as a proposed apprenticeship program when there would be substantial overlap in the work processes covered by the programs or when graduates of the existing program would be qualified to perform a substantial portion of the work that would be performed by graduates of the new program. (d) The chief’s decisions regarding applications for new apprenticeship programs in the building and construction trades and firefighters may be appealed by any interested party to the California Apprenticeship Council. For purposes of this section, an application for expansion of an existing program to include an additional occupation shall be considered an application for a “new apprenticeship program.” (e) The chief’s decisions regarding applications for new apprenticeship programs outside the building and construction trades and firefighters are final and not subject to administrative appeal, except as otherwise provided in this section. (f) The chief’s decisions regarding applications for new apprenticeship programs shall be posted to the division’s Internet Web site, which shall constitute the only form of notice and service. Appeals to the California Apprenticeship Council under this section must be filed within 30 days after notice of the chief’s decision. (g) The chief shall not approve a new apprenticeship program that includes a substantial number of work processes covered by a program in the building and construction trades or firefighters, or approve the amendment of apprenticeship standards to include those work processes, unless either of the following applies: (1) The program is in the building and construction trades or a firefighter program and subject to the rules and regulations of the California Apprenticeship Council. (2) The California Apprenticeship Council has granted consent to the approval of the program or the amendment to the apprenticeship standards. If no party files an objection with the chief to the approval of the proposed program or amendment alleging overlap of work processes under this subdivision, the chief shall not be required to seek the consent of the California Apprenticeship Council prior to approving the program or amendment. (h) At least 30 days before approval of a new apprenticeship program, or of an amendment to the apprenticeship standards to include new work processes, the division shall post on its Internet Web site a copy of the proposed apprenticeship standards, which shall constitute the only form of notice and service that an application on the proposed program or amendment is pending. Notwithstanding subdivision (e), the chief’s decision regarding any new apprenticeship program or amendment of the apprenticeship standards to include new work processes may be appealed to the California Apprenticeship Council if notice under this subdivision is not provided. (i) The division shall create a method on its Internet Web site for members of the public to subscribe to receive email updates when new decisions or proposed apprenticeship standards are posted pursuant to this section. (j) Only the following programs may dispatch apprentices to projects subject to prevailing wage or skilled and trained workforce requirements: (1) Programs in the building and construction trades approved before July 1, 2018. (2) Programs in the building and construction trades approved under the standard in subdivision (b). (Amended by Stats. 2018, Ch. 704, Sec. 32. (AB 235) Effective September 22, 2018.)
  92. 3075.1.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 2. Apprenticeship Programs [3075 - 3092] ( Article 2 heading added by Stats. 2018, Ch. 704, Sec. 31. )

    Verify source ↗

    State and local public agencies must make a diligent effort to establish apprenticeship programs for apprenticeable occupations in their workforces.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 2. Apprenticeship Programs [3075 - 3092] ( Article 2 heading added by Stats. 2018, Ch. 704, Sec. 31. ) ## 3075.1. It is the public policy of this state to encourage the utilization of apprenticeship as a form of on-the-job training, when such training is cost-effective in developing skills needed to perform public services. State and local public agencies shall make a diligent effort to establish apprenticeship programs for apprenticeable occupations in their respective work forces. In furtherance of this policy, public agencies shall take into consideration (a) the extent to which a continuous supply of trained personnel is readily available to public agencies to meet their skill requirements in the various occupations which are determined to be apprenticeable, and (b) the application of established programs in the private sector, where appropriate. Public sector apprenticeship programs should be fully compatible with affirmative action goals for the participation of minorities and women in apprenticeship programs. (Added by Stats. 1976, Ch. 1179.)
  93. 3075.5.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 2. Apprenticeship Programs [3075 - 3092] ( Article 2 heading added by Stats. 2018, Ch. 704, Sec. 31. )

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    Applicants for certain new or expanded apprenticeship programs must submit detailed plans and evidence to the chief, and the chief may not approve a noncompliant application.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 2. Apprenticeship Programs [3075 - 3092] ( Article 2 heading added by Stats. 2018, Ch. 704, Sec. 31. ) ## 3075.5. (a) This section applies when a building and construction trades industry program applies to the Chief of the Division of Apprenticeship Standards for approval of a new apprenticeship program or for the expansion of an existing apprenticeship program into a new occupation or geographic area. The requirements of this section are in addition to other requirements that may be imposed by statute or regulation. (b) (1) An applicant for a new or expanded apprenticeship program under subdivision (a) shall submit to the chief a written plan that sets out the number of new apprentices the applicant seeks to enroll during the next five years in the new or expanded program, new occupation, or new geographic area. The plan must include the applicant’s budget for training the new apprentices and a detailed explanation of how the applicant intends to provide sufficient funding to meet that budget. (2) The applicant shall submit to the chief a written plan providing a reasonable timetable to obtain sufficient commitments from employers to employ the new apprentices so as to ensure, to the extent feasible, consistent with the rates of employment for existing programs in good standing in the applicable trade, that the new apprentices will be employed continuously throughout the entire term of apprenticeship. (3) The applicant shall submit to the chief verifiable evidence that the applicant has obtained, or will obtain, suitable and adequate facilities to train the new apprentices. The chief, or his or her representative, shall personally inspect the facilities within six months after the final approval of the program. (4) The applicant shall submit to the chief a plan for the recruitment and selection of the new apprentices. The plan shall include advertising of the new apprenticeship opportunities within the geographic area and outreach to organizations that promote apprenticeship opportunities to women and underrepresented minorities. (c) The chief shall not approve an application that fails to meet any of the requirements of this section. If the chief does not approve an application because of its failure to comply with this section, the chief shall within 90 days provide the applicant with a detailed explanation of the deficiencies in the application and recommendations for addressing those deficiencies to obtain program approval. The applicant may submit a new or amended application to the chief within 90 days of receipt of the chief’s recommendations. The chief shall provide a detailed response to a new or amended application within 90 days of its receipt. (Added by Stats. 2011, Ch. 696, Sec. 2. (SB 56) Effective January 1, 2012.)
  94. 3075.6.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 2. Apprenticeship Programs [3075 - 3092] ( Article 2 heading added by Stats. 2018, Ch. 704, Sec. 31. )

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    Building and construction trades apprenticeship programs must give each apprentice a statement at least twice a year about training hours and expected graduation date.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 2. Apprenticeship Programs [3075 - 3092] ( Article 2 heading added by Stats. 2018, Ch. 704, Sec. 31. ) ## 3075.6. Each building and construction trades apprenticeship program shall provide to each apprentice, on at least a semiannual basis, a statement showing the number of hours of on-the-job training and related and supplemental instruction that the apprentice has acquired toward graduation, the total number of hours of on-the-job training and related and supplemental instruction that are necessary for graduation, and the apprentice’s expected graduation date. (Added by Stats. 2011, Ch. 696, Sec. 3. (SB 56) Effective January 1, 2012.)
  95. 3075.7.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 2. Apprenticeship Programs [3075 - 3092] ( Article 2 heading added by Stats. 2018, Ch. 704, Sec. 31. )

    Verify source ↗

    Building and construction trades industry apprenticeship programs must send apprentice registration, address change, graduation, and termination data to the Division of Apprenticeship Standards every month in an electronic format acceptable to the division.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 2. Apprenticeship Programs [3075 - 3092] ( Article 2 heading added by Stats. 2018, Ch. 704, Sec. 31. ) ## 3075.7. Every building and construction trades industry apprenticeship program shall submit apprentice registration, change of address, graduation, and termination data to the Division of Apprenticeship Standards on a monthly basis in an electronic format acceptable to the division. (Added by Stats. 2011, Ch. 696, Sec. 4. (SB 56) Effective January 1, 2012.)
  96. 3076.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 2. Apprenticeship Programs [3075 - 3092] ( Article 2 heading added by Stats. 2018, Ch. 704, Sec. 31. )

    Verify source ↗

    A joint apprenticeship committee, when given written authority by the parent organizations, must set apprenticeship work processes, wage rates, working conditions, apprentice numbers, and help resolve apprenticeship disputes.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 2. Apprenticeship Programs [3075 - 3092] ( Article 2 heading added by Stats. 2018, Ch. 704, Sec. 31. ) ## 3076. The function of a joint apprenticeship committee, when specific written authority is delegated by the parent organizations represented, shall be to establish work processes, wage rates, working conditions for apprentices, the number of apprentices which shall be employed in the trade under apprentice agreements, and aid in the adjustment of apprenticeship disputes in accordance with standards for apprenticeship set up by the California Apprenticeship Council for programs in the building and construction trades and for firefighters or by the Chief of the Division of Apprenticeship Standards for other programs. Disciplinary proceedings resulting from disputes shall be duly noticed to the involved individuals. (Amended by Stats. 2018, Ch. 704, Sec. 33. (AB 235) Effective September 22, 2018.)
  97. 3076.3.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 2. Apprenticeship Programs [3075 - 3092] ( Article 2 heading added by Stats. 2018, Ch. 704, Sec. 31. )

    Verify source ↗

    Program sponsors must set and publish apprenticeship selection procedures, give applicants access to them, explain nonselection in writing, keep those explanations for five years, and run affirmative action programs as required.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 2. Apprenticeship Programs [3075 - 3092] ( Article 2 heading added by Stats. 2018, Ch. 704, Sec. 31. ) ## 3076.3. Program sponsors shall establish selection procedures which specify minimum requirements for formal education or equivalency, physical examination, if any, subject matter of written tests and oral interviews, and any other criteria pertinent to the selection process; shall specify the relative weights of all factors which determine selection to an apprenticeship program; shall submit in writing to the chief an official statement of each selection procedure including the filing date and location of the program sponsor; shall make a copy of the selection procedures available to each applicant; shall provide in writing to each applicant not selected an official explanation setting forth the reason or reasons for the nonselection, copies of which shall be retained as a public record in the files of the program sponsor for a period of five years; and shall implement affirmative action programs for minorities and women in accordance with the rules, regulations, and guidelines of the California Apprenticeship Council for programs in the building and construction trades and for firefighters or of the Chief of the Division of Apprenticeship Standards for other programs. (Amended by Stats. 2018, Ch. 704, Sec. 34. (AB 235) Effective September 22, 2018.)
  98. 3076.5.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 2. Apprenticeship Programs [3075 - 3092] ( Article 2 heading added by Stats. 2018, Ch. 704, Sec. 31. )

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    A program sponsor may give veteran applicants for apprenticeship an extra 10 points in its selection procedures.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 2. Apprenticeship Programs [3075 - 3092] ( Article 2 heading added by Stats. 2018, Ch. 704, Sec. 31. ) ## 3076.5. A program sponsor may provide in its selection procedures for an additional 10 points credit in the selection of veteran applicants for apprenticeship. “Veteran,” as used in this section, means a veteran who has served in the armed forces of this country for at least 181 consecutive days since January 31, 1955, and who has been discharged or released under conditions other than dishonorable, but does not include any person who served only in auxiliary or reserve components of the armed forces whose services therein did not exempt him or her from the operation of the Selective Training and Service Act of 1940 (54 Stat. 885). (Amended by Stats. 1984, Ch. 330, Sec. 5.)
  99. 3077.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 2. Apprenticeship Programs [3075 - 3092] ( Article 2 heading added by Stats. 2018, Ch. 704, Sec. 31. )

    Verify source ↗

    An “apprentice” is a person at least 16 years old who has a written apprentice agreement with an employer or program sponsor. The chief must approve the apprenticeship term for each apprenticeable occupation under Section 3078.5 standards.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 2. Apprenticeship Programs [3075 - 3092] ( Article 2 heading added by Stats. 2018, Ch. 704, Sec. 31. ) ## 3077. The term “apprentice” as used in this chapter, means a person at least 16 years of age who has entered into a written agreement, in this chapter called an “apprentice agreement,” with an employer or program sponsor. The term of apprenticeship for each apprenticeable occupation shall be approved by the chief in accordance with the standards set forth in Section 3078.5. (Amended by Stats. 2018, Ch. 704, Sec. 35. (AB 235) Effective September 22, 2018.)
  100. 3077.5.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 2. Apprenticeship Programs [3075 - 3092] ( Article 2 heading added by Stats. 2018, Ch. 704, Sec. 31. )

    Verify source ↗

    A program sponsor for an apprenticeship program must not set a maximum age for apprentices.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 2. Apprenticeship Programs [3075 - 3092] ( Article 2 heading added by Stats. 2018, Ch. 704, Sec. 31. ) ## 3077.5. A program sponsor administering an apprenticeship program under this chapter shall not provide a maximum age for apprentices. (Amended by Stats. 1984, Ch. 330, Sec. 7.)
  101. 3078.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 2. Apprenticeship Programs [3075 - 3092] ( Article 2 heading added by Stats. 2018, Ch. 704, Sec. 31. )

    Verify source ↗

    Apprentice agreements must include specific required terms, including party names, dates, training details, wages, dispute handling, and other listed provisions.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 2. Apprenticeship Programs [3075 - 3092] ( Article 2 heading added by Stats. 2018, Ch. 704, Sec. 31. ) ## 3078. Every apprentice agreement entered into under this chapter shall directly, or by reference, contain: (a) The names of the contracting parties. (b) The date of birth of the apprentice. (c) A statement of the trade, craft, or business which the apprentice is to be taught, and the time at which the apprenticeship will begin and end. (d) A statement showing the number of hours to be spent by the apprentice in work and the learning objectives to be accomplished through related and supplemental instruction, except as otherwise provided under Section 3074. In no case shall the combined weekly hours of work and required related and supplemental instruction of the apprentice exceed the maximum number of hours of work prescribed by law for a person of the age of the apprentice. (e) A statement setting forth a schedule of the processes in the trade or industry divisions in which the apprentice is to be taught and the approximate time to be spent at each process. (f) A statement of the graduated scale of wages to be paid the apprentice and whether the required schooltime shall be compensated. (g) A statement providing for a period of probation during which time the apprentice agreement may be terminated by the program sponsor at the request in writing of either party, and providing that after the probationary period the apprentice agreement may be terminated by the administrator by mutual agreement of all parties thereto, or canceled by the administrator for good and sufficient reason. The period of probation shall be reasonable in relation to the full apprenticeship term, with full credit given for such period toward completion of the apprenticeship, and in no event shall exceed the shorter of 25 percent of the length of the program or one year. (h) A provision that all controversies or differences concerning the apprentice agreement which cannot be adjusted locally, or which are not covered by collective bargaining agreement, shall be submitted to the administrator for determination as provided for in Section 3081. (i) A provision that an employer who is unable to fulfill his or her obligation under the apprentice agreement may, with approval of the administrator, transfer the contract to any other employer if the apprentice consents and the other employer agrees to assume the obligation of the apprentice agreement. (j) Such additional terms and conditions as may be prescribed or approved by the California Apprenticeship Council or by the Chief of the Division of Apprenticeship Standards, in consultation with the Interagency Apprenticeship Advisory Committee, not inconsistent with the provisions of this chapter. (k) A clause providing that there shall be no liability on the part of the other contracting party for an injury sustained by an apprentice engaged in schoolwork at a time when the employment of the apprentice has been temporarily or permanently terminated. (Amended by Stats. 2018, Ch. 704, Sec. 36. (AB 235) Effective September 22, 2018.)
  102. 3078.5.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 2. Apprenticeship Programs [3075 - 3092] ( Article 2 heading added by Stats. 2018, Ch. 704, Sec. 31. )

    Verify source ↗

    Apprenticeship programs may use time-based, competency-based, or hybrid measures, but building and construction trades and firefighter programs must use time-based measures.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 2. Apprenticeship Programs [3075 - 3092] ( Article 2 heading added by Stats. 2018, Ch. 704, Sec. 31. ) ## 3078.5. (a) The term of apprenticeship may be measured either through the completion of the industry standard for hours of on-the-job learning and related and supplemental instruction, attainment of competency, or a hybrid blend of the time-based and competency-based approaches. However, programs in the building and construction trades and for firefighters shall use the time-based approach. (1) The time-based approach measures skill acquisition through the individual apprentice’s completion of at least 144 hours of related and supplemental instruction and 2,000 hours of on-the-job learning as described in a work process schedule. (2) The competency-based approach measures skill acquisition through the individual apprentice’s successful demonstration of acquired skills and knowledge, as verified by the program sponsor. Programs utilizing this approach shall require apprentices to complete no less than six months of an on-the-job learning component of registered apprenticeship. The program standards shall address how on-the-job learning will be integrated into the program, describe competencies, meet industry-recognized standards or certifications, and identify an appropriate means of testing and evaluation for such competencies. (3) The hybrid approach measures the individual apprentice’s skill acquisition through a combination of specified minimum number of hours of on-the-job learning and the successful demonstration of competency as described in a work process schedule. Programs utilizing this approach shall require apprentices to complete no less than six months of an on-the-job learning component of registered apprenticeship. (4) Term measures shall be set forth in the program standards and shall be subject to approval by the Division of Apprenticeship Standards based on the appropriateness of the measures for the apprenticeable occupations to which they apply. (b) Programs utilizing the competency-based or hybrid approach and that issue interim credentials must identify each type or stage for issuing an interim credential, demonstrate how the credentials link to the components of the apprenticeable occupation, and establish a process for assessing an apprentice’s demonstration of competency associated with the particular interim credential. Interim credentials may only be issued for recognized components of an apprenticeable occupation and specifically link the credentials to the knowledge, skills, and abilities associated with those components. (Added by Stats. 2018, Ch. 704, Sec. 37. (AB 235) Effective September 22, 2018.)
  103. 3079.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 2. Apprenticeship Programs [3075 - 3092] ( Article 2 heading added by Stats. 2018, Ch. 704, Sec. 31. )

    Verify source ↗

    Apprentice agreements must be approved, filed with the Division of Apprenticeship Standards, and signed by the required parties.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 2. Apprenticeship Programs [3075 - 3092] ( Article 2 heading added by Stats. 2018, Ch. 704, Sec. 31. ) ## 3079. Every apprentice agreement under this chapter shall be approved by the local joint apprenticeship committee or the parties to a collective bargaining agreement, or by the administrator where there is no collective bargaining agreement or joint committee, a copy of which shall be filed with the Division of Apprenticeship Standards. Every apprentice agreement shall be signed by the employer, or his or her agent, or by a program sponsor, as provided in Section 3080, and by the apprentice, and if the apprentice is a minor, by the minor’s parent or guardian. Where a minor enters into an apprentice agreement under this chapter for a period of training extending into his or her majority, the apprentice agreement shall likewise be binding for such a period as may be covered during the apprentice’s majority. (Amended by Stats. 2018, Ch. 704, Sec. 38. (AB 235) Effective September 22, 2018.)
  104. 3080.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 2. Apprenticeship Programs [3075 - 3092] ( Article 2 heading added by Stats. 2018, Ch. 704, Sec. 31. )

    Verify source ↗

    This section lets certain apprenticeship agreements be signed by employer or employee groups instead of an individual employer, and requires multi-employer programs to include meaningful apprentice representation.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 2. Apprenticeship Programs [3075 - 3092] ( Article 2 heading added by Stats. 2018, Ch. 704, Sec. 31. ) ## 3080. (a) For the purpose of providing greater diversity of training or continuity of employment, any apprentice agreement made under this chapter may in the discretion of the California Apprenticeship Council for programs in the building and construction trades and for firefighters or of the Chief of the Division of Apprenticeship Standards for other programs, be signed by an association of employers or an organization of employees instead of by an individual employer. In that case, the apprentice agreement shall expressly provide that the association of employers or organization of employees does not assume the obligation of an employer but agrees to use its best endeavors to procure employment and training for an apprentice with one or more employers who will accept full responsibility, as herein provided, for all the terms and conditions of employment and training set forth in the agreement between the apprentice and employer association or employee organization during the period of the apprentice’s employment. The apprentice agreement shall also expressly provide for the transfer of the apprentice, subject to the approval of the California Apprenticeship Council for programs in the building and construction trades and for firefighters or of the Chief of the Division of Apprenticeship Standards for other programs, to an employer or employers who shall sign a written agreement with the apprentice, and if the apprentice is a minor, with the apprentice’s parent or guardian, as specified in Section 3079, contracting to employ the apprentice for the whole or a definite part of the total period of apprenticeship under the terms and conditions of employment and training set forth in the apprentice agreement. (b) All apprenticeship programs with more than one employer or an association of employers shall include provisions sufficient to ensure meaningful representation of the interests of apprentices in the management of the program. (Amended by Stats. 2018, Ch. 704, Sec. 39. (AB 235) Effective September 22, 2018.)
  105. 3080.5.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 2. Apprenticeship Programs [3075 - 3092] ( Article 2 heading added by Stats. 2018, Ch. 704, Sec. 31. )

    Verify source ↗

    An employer may employ a registered apprentice in building and construction trades only as an apprentice when the person is doing construction work and the employer is covered by an apprenticeship agreement or standards.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 2. Apprenticeship Programs [3075 - 3092] ( Article 2 heading added by Stats. 2018, Ch. 704, Sec. 31. ) ## 3080.5. An apprentice registered in an approved apprenticeship program in any of the building and construction trades shall be employed only as an apprentice when performing any construction work for an employer that is a party, individually or through an employer association, to any apprenticeship agreement or standards covering that individual. (Added by Stats. 2018, Ch. 704, Sec. 40. (AB 235) Effective September 22, 2018.)
  106. 3081.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 2. Apprenticeship Programs [3075 - 3092] ( Article 2 heading added by Stats. 2018, Ch. 704, Sec. 31. )

    Verify source ↗

    The administrator may investigate alleged violations of apprentice agreements and may hold related hearings or inquiries. The parties must receive a fair and impartial hearing after reasonable notice, and the proceedings must follow rules set by the California Apprenticeship Council or the Chief of the Division of Apprenticeship Standards, depending on the program.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 2. Apprenticeship Programs [3075 - 3092] ( Article 2 heading added by Stats. 2018, Ch. 704, Sec. 31. ) ## 3081. Upon the complaint of any interested person or upon his or her own initiative, the administrator may investigate to determine if there has been a violation of the terms of an apprentice agreement, made under this chapter, and he or she may hold hearings, inquiries, and other proceedings necessary to such investigations and determinations. The parties to such agreement shall be given a fair and impartial hearing, after reasonable notice thereof. All such hearings, investigations, and determinations shall be made under authority of reasonable rules and procedures prescribed by the California Apprenticeship Council for programs in the building and construction trades and for firefighters or by the Chief of the Division of Apprenticeship Standards for other programs. (Amended by Stats. 2018, Ch. 704, Sec. 41. (AB 235) Effective September 22, 2018.)
  107. 3082.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 2. Apprenticeship Programs [3075 - 3092] ( Article 2 heading added by Stats. 2018, Ch. 704, Sec. 31. )

    Verify source ↗

    The administrator must issue a written determination and send it by regular mail to the parties. Some complaints must also be filed with the California Apprenticeship Council, and affected persons may appeal to the council within 10 days.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 2. Apprenticeship Programs [3075 - 3092] ( Article 2 heading added by Stats. 2018, Ch. 704, Sec. 31. ) ## 3082. (a) The determination of the administrator shall be in writing and sent by regular mail to the parties’ last known addresses, with proof of service in accordance with Sections 1013a and 2015.5 of the Code of Civil Procedure. (b) For complaints involving programs in the building and construction trades and for firefighters, the determination shall be filed with the California Apprenticeship Council. Any person aggrieved by the determination or action of the administrator may appeal therefrom to the council, which shall review the entire record and may hold a hearing thereon after due notice to the interested parties. If no appeal is filed with the council within 10 days from the date the parties are given notification of the determination, in accordance with subdivision (a), the determination shall become the final order of the council. (c) For complaints involving any other program, the determination of the administrator shall be final. (Amended by Stats. 2018, Ch. 704, Sec. 42. (AB 235) Effective September 22, 2018.)
  108. 3083.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 2. Apprenticeship Programs [3075 - 3092] ( Article 2 heading added by Stats. 2018, Ch. 704, Sec. 31. )

    Verify source ↗

    Final determinations or decisions under Section 3082 are conclusive if supported by substantial evidence, and orders and decisions are presumed lawful and reasonable.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 2. Apprenticeship Programs [3075 - 3092] ( Article 2 heading added by Stats. 2018, Ch. 704, Sec. 31. ) ## 3083. All findings of fact in a final determination or decision issued pursuant to Section 3082 shall be conclusive if supported by substantial evidence, and all orders and decisions shall be prima facie lawful and reasonable. (Amended by Stats. 2018, Ch. 704, Sec. 43. (AB 235) Effective September 22, 2018.)
  109. 3084.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 2. Apprenticeship Programs [3075 - 3092] ( Article 2 heading added by Stats. 2018, Ch. 704, Sec. 31. )

    Verify source ↗

    A party to an apprentice agreement who is aggrieved by a council decision under Section 3082 may go to court on questions of law.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 2. Apprenticeship Programs [3075 - 3092] ( Article 2 heading added by Stats. 2018, Ch. 704, Sec. 31. ) ## 3084. Any party to an apprentice agreement aggrieved by final order, determination, or decision of the council issued pursuant to Section 3082, may maintain appropriate proceedings in the courts on questions of law. The final order, determination, or decision shall be conclusive if the proceeding is not filed within 30 days after the date the aggrieved party is given notification of the order, determination, or decision. (Amended by Stats. 2018, Ch. 704, Sec. 44. (AB 235) Effective September 22, 2018.)
  110. 3084.5.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 2. Apprenticeship Programs [3075 - 3092] ( Article 2 heading added by Stats. 2018, Ch. 704, Sec. 31. )

    Verify source ↗

    If someone willfully violates apprenticeship-related laws, regulations, or orders, the Division of Apprenticeship Standards may seek a court injunction to stop further violations, and the division is entitled to reasonable attorney’s fees and costs.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 2. Apprenticeship Programs [3075 - 3092] ( Article 2 heading added by Stats. 2018, Ch. 704, Sec. 31. ) ## 3084.5. In any case in which a person or persons have willfully violated any of the laws, regulations, or orders governing apprenticeship programs, funding provided to apprenticeship programs and associated entities, applicants for apprenticeship, or apprentices registered under this chapter, the Division of Apprenticeship Standards may obtain in a court of competent jurisdiction, an injunction against any further violations of any such laws, regulations, or orders by such person or persons. The division shall be awarded reasonable attorney’s fees and costs in seeking an injunction. (Amended by Stats. 2022, Ch. 67, Sec. 15. (SB 191) Effective June 30, 2022.)
  111. 3085.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 2. Apprenticeship Programs [3075 - 3092] ( Article 2 heading added by Stats. 2018, Ch. 704, Sec. 31. )

    Verify source ↗

    A person may not file an action to enforce an apprentice agreement or recover damages for breach unless the chapter’s administrative remedies have first been exhausted.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 2. Apprenticeship Programs [3075 - 3092] ( Article 2 heading added by Stats. 2018, Ch. 704, Sec. 31. ) ## 3085. No person shall institute any action for the enforcement of any apprentice agreement, or damages for the breach of any apprentice agreement, made under this chapter, unless all administrative remedies provided by this chapter have first been exhausted. (Amended by Stats. 2018, Ch. 704, Sec. 45. (AB 235) Effective September 22, 2018.)
  112. 3086.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 2. Apprenticeship Programs [3075 - 3092] ( Article 2 heading added by Stats. 2018, Ch. 704, Sec. 31. )

    Verify source ↗

    This section says the chapter and approved apprentice agreements cannot invalidate apprenticeship provisions in collective bargaining agreements that set higher apprenticeship standards.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 2. Apprenticeship Programs [3075 - 3092] ( Article 2 heading added by Stats. 2018, Ch. 704, Sec. 31. ) ## 3086. Nothing in this chapter or in any apprentice agreement approved under this chapter shall operate to invalidate any apprenticeship provision in any collective bargaining agreement between employers and employees setting up higher apprenticeship standards. (Amended by Stats. 2018, Ch. 704, Sec. 46. (AB 235) Effective September 22, 2018.)
  113. 3088.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 2. Apprenticeship Programs [3075 - 3092] ( Article 2 heading added by Stats. 2018, Ch. 704, Sec. 31. )

    Verify source ↗

    If part of this chapter is invalid, the rest still applies.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 2. Apprenticeship Programs [3075 - 3092] ( Article 2 heading added by Stats. 2018, Ch. 704, Sec. 31. ) ## 3088. If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the remainder of the chapter and the application of such provision to other persons and circumstances, shall not be affected thereby. (Repealed and added by Stats. 1939, Ch. 220.)
  114. 3089.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 2. Apprenticeship Programs [3075 - 3092] ( Article 2 heading added by Stats. 2018, Ch. 704, Sec. 31. )

    Verify source ↗

    This chapter may be cited as the Shelley-Maloney Apprentice Labor Standards Act of 1939, as amended.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 2. Apprenticeship Programs [3075 - 3092] ( Article 2 heading added by Stats. 2018, Ch. 704, Sec. 31. ) ## 3089. This chapter shall be known and may be cited as the Shelley-Maloney Apprentice Labor Standards Act of 1939, as amended. (Amended by Stats. 2018, Ch. 704, Sec. 47. (AB 235) Effective September 22, 2018.)
  115. 3090.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 2. Apprenticeship Programs [3075 - 3092] ( Article 2 heading added by Stats. 2018, Ch. 704, Sec. 31. )

    Verify source ↗

    The Division of Apprenticeship Standards must investigate and decide apprenticeship and other on-the-job training applications from establishments, and it may cooperate with, contract with, and receive reimbursements from appropriate federal agencies for that purpose.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 2. Apprenticeship Programs [3075 - 3092] ( Article 2 heading added by Stats. 2018, Ch. 704, Sec. 31. ) ## 3090. The Division of Apprenticeship Standards shall investigate, approve or reject applications from establishments for apprenticeship and other on-the-job training, and for that purpose, may cooperate, or contract with, and receive reimbursements from the appropriate agencies of the Federal Government. (Added by Stats. 1947, Ch. 42.)
  116. 3091.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 2. Apprenticeship Programs [3075 - 3092] ( Article 2 heading added by Stats. 2018, Ch. 704, Sec. 31. )

    Verify source ↗

    An apprenticeship training program cannot require a fee to accept an application for entrance. It may charge reasonable expense costs only after the applicant has been accepted.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 2. Apprenticeship Programs [3075 - 3092] ( Article 2 heading added by Stats. 2018, Ch. 704, Sec. 31. ) ## 3091. Acceptance of an application for entrance into an apprenticeship training program shall not be predicated on the payment of any fee. Reasonable costs for expense incurred may be charged after an applicant has been accepted into the program. (Added by Stats. 1968, Ch. 1124.)
  117. 3091.5.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 2. Apprenticeship Programs [3075 - 3092] ( Article 2 heading added by Stats. 2018, Ch. 704, Sec. 31. )

    Verify source ↗

    A Special Deposit Fund Account is authorized in the State Treasury, and money from selling instructional material to apprenticeship trainees is appropriated for the Department of Education to develop and produce apprenticeship instructional material.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 2. Apprenticeship Programs [3075 - 3092] ( Article 2 heading added by Stats. 2018, Ch. 704, Sec. 31. ) ## 3091.5. Pursuant to Section 16370 of the Government Code, there is hereby authorized in the State Treasury a Special Deposit Fund Account, which shall consist of moneys collected from the sale of instructional material to persons enrolled in any apprenticeship training program under this chapter. All of the moneys collected are hereby appropriated without regard to fiscal year for the support of the Department of Education to be used for the development and production of apprenticeship instructional material. (Added by Stats. 1985, Ch. 1546, Sec. 19.)
  118. 3092.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 2. Apprenticeship Programs [3075 - 3092] ( Article 2 heading added by Stats. 2018, Ch. 704, Sec. 31. )

    Verify source ↗

    A successful graduate of a qualifying vocational training program may receive apprenticeship credit if the program is jointly established and approved by the listed education bodies and the program sponsor.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 2. Apprenticeship Programs [3075 - 3092] ( Article 2 heading added by Stats. 2018, Ch. 704, Sec. 31. ) ## 3092. A successful graduate of a training program in a particular apprenticeable occupation of a vocational education program meeting the standards of the California State Plan for Vocational Education may receive credit toward a term of apprenticeship if the program is jointly established and approved by a school district, a county superintendent of schools, a public entity conducting a regional occupational center or program, or a private postsecondary vocational school accredited by a regional or national accrediting agency recognized by the United States Office of Education and the program sponsor of the particular apprenticeable occupation. (Amended by Stats. 1984, Ch. 330, Sec. 11.)
  119. 3093.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 3. Other On-The-Job Training Programs [3093- 3093.] ( Article 3 heading added by Stats. 2018, Ch. 704, Sec. 48. )

    Verify source ↗

    This section allows certain voluntary on-the-job training programs related to apprenticeship and gives state training authorities powers and duties to support them.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 3. Other On-The-Job Training Programs [3093- 3093.] ( Article 3 heading added by Stats. 2018, Ch. 704, Sec. 48. ) ## 3093. (a) This section applies only when voluntarily requested by the parties to a collective bargaining agreement or by an employer, an employer’s association, or a union, or its representative where there is no collective bargaining agreement. (b) This section shall not be construed to compel, regulate, interfere with, or duplicate the provisions of any established training programs that are operated under the terms of any collective bargaining agreements or unilaterally by any employer or bona fide labor union. (c) Services contemplated under this section may be provided only when voluntarily requested and shall be denied when it is found that existing prevailing conditions in the area and industry would in any way be lowered or adversely affected. (d) The California Apprenticeship Council and the Division of Apprenticeship Standards, in cooperation with the Department of Education, the Labor and Workforce Development Agency, and the Board of Governors of the California Community Colleges, may foster and promote on-the-job training programs other than apprenticeship as follows: (1) programs for journeypersons in the apprenticeable occupations to keep them abreast of current techniques, methods, and materials and opportunities for advancement in their industries; (2) programs in other than apprenticeable occupations for workers entering the labor market for the first time or workers entering new occupations by reason of having been displaced from former occupations by reason of economic, industrial, technological, or scientific changes or developments; (3) the programs shall be in accord with and agreed to by the parties to any applicable collective bargaining agreements and where appropriate will include joint employer-employee cooperation in the programs. (e) The Division of Apprenticeship Standards when requested may foster and promote voluntary on-the-job training programs in accordance with this section, and assist employers, employees and other interested persons and agencies in the development and carrying out of the programs. The Division of Apprenticeship Standards shall cooperate in these functions with the Department of Education, the Labor and Workforce Development Agency, and the Board of Governors of the California Community Colleges and other governmental agencies. The Division of Apprenticeship Standards may cooperate with the Department of Corrections and Rehabilitation and the Department of the Youth Authority in the development of training programs for inmates and ex-offenders released from correctional institutions. (f) Apprenticeship programs, where appropriate, may include related and supplemental classroom instruction offered and administered by state and local boards responsible for vocational education. (g) The activities and services of the Division of Apprenticeship Standards in training programs under this section shall be performed without curtailing or in any way interfering with the division’s activities and services in apprenticeship. (h) The Division of Apprenticeship Standards may contract with, and receive reimbursements from, appropriate federal, state, and other governmental agencies. (i) The career technical education activities and services of the Department of Education, the Board of Governors of the California Community Colleges, and local public school districts shall not be abridged or abrogated through implementation of this section. (j) “On-the-job training” as used in this section refers exclusively to training confined to the needs of a specific occupation and conducted at the jobsite for employed workers. (k) “Journeyperson,” as used in this section, means a person who has either (1) completed an accredited apprenticeship in the person’s craft, or (2) who has completed the equivalent of an apprenticeship in length and content of work experience and all other requirements in the apprenticeship standards for the craft which has workers classified as journeypersons in an apprenticeable occupation. (l) This section shall not be construed to require prior approval, ratification, or reference of any training program to the Division of Apprenticeship Standards or the Department of Industrial Relations. (Amended by Stats. 2022, Ch. 67, Sec. 16. (SB 191) Effective June 30, 2022.)
  120. 3100.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 4. Preapprenticeship Programs [3100- 3100.] ( Article 4 heading added by Stats. 2018, Ch. 704, Sec. 53. )

    Verify source ↗

    The Division of Apprenticeship Standards must create a process to approve preapprenticeship programs, and programs seeking approval must apply and show required partnership and program elements.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 4. Preapprenticeship Programs [3100- 3100.] ( Article 4 heading added by Stats. 2018, Ch. 704, Sec. 53. ) ## 3100. (a) On or before January 1, 2019, the Division of Apprenticeship Standards shall develop a process to approve preapprenticeship programs for purposes of establishing eligibility for any state programs. (b) (1) A program seeking approval as a preapprenticeship program shall submit to the Division of Apprenticeship Standards a request for approval, on a form developed by the division. (2) The request for approval shall include documentation evidencing that the program’s preapprenticeship training activities are conducted in partnership with one or more apprenticeship programs approved by the Division of Apprenticeship Standards. Valid documentation for purposes of this section shall include a copy of a memorandum of understanding or other formal written agreement that does all the following: (A) Verifies the apprenticeship program’s support for the preapprenticeship program. (B) Gives priority but not a guarantee to preapprenticeship graduates for acceptance into the apprenticeship program. (C) Makes a commitment as to the number of preapprenticeship graduates that may be accepted into the apprenticeship program. (c) To qualify for approval, a preapprenticeship program shall include the following elements: (1) Training and curriculum based on industry standards and approved by the documented registered apprenticeship program partner or partners that will prepare individuals with the skills and competencies needed to enter one or more registered apprenticeship programs. (2) Strategies that increase registered apprenticeship opportunities for underrepresented, disadvantaged, or low-skilled individuals, such that, upon completion, those individuals will meet the entry requirements, gain consideration, and be prepared for success in one or more registered apprenticeship programs. These strategies include any of the following: (A) Strong recruitment efforts focused on outreach to populations underrepresented in local, state, and national registered apprenticeship programs. (B) Educational and prevocational services that prepare individuals to meet the entry requisites of one or more registered apprenticeship programs, such as specific career and industry awareness workshops, job readiness courses, English for speakers of other languages, adult basic education, financial literacy seminars, and mathematics tutoring. (C) Exposing participants to local, state, and national registered apprenticeship programs and providing direct assistance to participants applying to those programs. (D) Facilitating access to appropriate support services during both the preapprenticeship program and a significant portion of the registered apprenticeship program. (E) Efforts to sustain the ongoing partnership between the preapprenticeship program and registered apprenticeship program partner or partners, including collaborative efforts that promote alignment with the California Workforce Innovation and Opportunity Act (WIOA) Unified Strategic Workforce Development Plan and use of the registered apprenticeship program as a preferred means for employers to develop a skilled workforce and create career opportunities for individuals. (F) Providing physical preparedness training for jobs where physical ability and endurance are key elements of success. (G) Providing training on safe working practices where applicable to the job. (H) Providing hands-on training to individuals in a simulated lab experience or through volunteer opportunities that accurately simulate industry and occupational conditions while observing proper supervision and safety protocols, provided that such experience and opportunities do not supplant or reduce the compensable work of paid employees. (I) Providing for automatic acceptance or priority credits for acceptance into apprenticeship programs of individuals who have successfully completed the preapprenticeship program, and when applicable, giving advance credit in the apprenticeship program for skills and competencies already acquired in the preapprenticeship program. (d) Preapprenticeship programs shall be evaluated and approved based on a determination of the strengths of the elements described in subdivision (c), as demonstrated in the application. (e) Approval of a preapprenticeship program shall expire in three years unless the program requests and obtains renewal of its approval by the division. Renewed approval shall be based on the program’s success in implementing the elements described in subdivision (c). (Amended by Stats. 2019, Ch. 497, Sec. 187. (AB 991) Effective January 1, 2020.)
  121. 3110.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 5. Apprenticeship Innovation Funding Program [3110 - 3112.1] ( Article 5 added by Stats. 2022, Ch. 67, Sec. 17. )

    Verify source ↗

    This section creates the Apprenticeship Innovation Funding Program, but only when enough legislative funding is appropriated and only for programs outside the council’s jurisdiction.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 5. Apprenticeship Innovation Funding Program [3110 - 3112.1] ( Article 5 added by Stats. 2022, Ch. 67, Sec. 17. ) ## 3110. (a) The provisions of this article shall be operative and implemented only upon appropriation of sufficient funds by the Legislature for that purpose. This article applies only to programs that are not within the jurisdiction of the council established pursuant to Section 3070. (b) The division shall establish and administer the Apprenticeship Innovation Funding Program to provide grants, reimbursements, or funding through other appropriate funding mechanisms to an apprenticeship program for the support of apprenticeship programs or for the training of apprentices. Grants, reimbursements, or funding from other appropriate funding mechanisms pursuant to the Apprenticeship Innovation Funding Program shall be awarded using funding appropriated by the Legislature for this purpose. (c) An apprenticeship program or eligible entity may submit an application to the division to request funds under this article in a manner specified by the division. An “eligible entity” is an entity that has registered apprentices with the division, including, but not limited to, public educational institutions, public and private nonprofit organizations, local workforce development boards specified in Section 14200 of the Unemployment Insurance Code, labor organizations, as defined in Section 1117, private for-profit organizations, education and training providers, tribal organizations, faith-based organizations, community-based organizations, industry associations, and parties to a collective bargaining agreement. (d) Funding provided to the entities in subdivision (c) can be passed on to whichever entity is performing eligible activities pursuant to the funding that are consistent with this article, including the eligible activities described in Sections 3111.1 and 3112.1, provided that the entities are associated with an approved apprenticeship program. (e) Any entity receiving funding pursuant to this article is subject to evaluation by the division under Section 3073.1. If the entity is found to have violated the provisions of this chapter, those violations are deemed imputed to the associated apprenticeship program, and the division may take any appropriate action against that apprenticeship program. (f) As used in this article, “public educational institutions” includes local educational agencies, community colleges, the University of California, and the California State University. (g) If a program or other entity is found to be using apprenticeship innovation funding for purposes other than those for which the funds were granted or is found to have obtained the funds improperly, then the program or other entity shall not be eligible to receive any apprenticeship innovation funding and the division or entity authorized to provide funding shall cease providing funds. (h) The division shall require that recipients of apprenticeship innovation funding demonstrate a commitment to high road principles, as described in subdivision (s) of Section 14005 of the Unemployment Insurance Code, and shall evaluate the performance of recipients based on those principles. (Added by Stats. 2022, Ch. 67, Sec. 17. (SB 191) Effective June 30, 2022.)
  122. 3111.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 5. Apprenticeship Innovation Funding Program [3110 - 3112.1] ( Article 5 added by Stats. 2022, Ch. 67, Sec. 17. )

    Verify source ↗

    The division may give apprenticeship innovation funding support funds for certain apprenticeship programs, but programs or eligible entities must apply to receive them.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 5. Apprenticeship Innovation Funding Program [3110 - 3112.1] ( Article 5 added by Stats. 2022, Ch. 67, Sec. 17. ) ## 3111. (a) The division may provide apprenticeship innovation funding support funds for the organizing, running, and sustaining of, an apprenticeship program that is not within the jurisdiction of the council established pursuant to Section 3070. To be eligible for support funds, an apprenticeship program or eligible entity must submit to the division an application to request funds. (b) For each apprentice that is actively registered with the division for each 12-month period, an apprenticeship program or eligible entity is eligible to receive support funds in an amount determined by the division. In determining the amount, the division shall aim to provide support funds to as many eligible programs as possible and shall consider the amount of available support funds, the number of approved programs not within the jurisdiction of the council established pursuant to Section 3070, and the number of apprentices registered in those programs. (c) The eligible amount in subdivision (b) shall be prorated on a monthly basis for apprentices who are actively registered for less than the 12-month period. (Amended by Stats. 2022, Ch. 569, Sec. 45. (AB 156) Effective September 27, 2022.)
  123. 3111.1.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 5. Apprenticeship Innovation Funding Program [3110 - 3112.1] ( Article 5 added by Stats. 2022, Ch. 67, Sec. 17. )

    Verify source ↗

    Support funds must cover eligible apprenticeship activities listed in the section, including outreach, recruitment, apprentice support, retention, reporting, stakeholder troubleshooting, and project management.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 5. Apprenticeship Innovation Funding Program [3110 - 3112.1] ( Article 5 added by Stats. 2022, Ch. 67, Sec. 17. ) ## 3111.1. Eligible activities for support funds shall include, but are not limited to, all of the following: (a) Employer outreach, support, onboarding, and management. (b) Recruiting, matching, and placing individuals into apprenticeships. (c) Support services for an apprentice, such as interview coaching, conflict resolution, and life crisis management. (d) Retention initiatives to reduce the turnover rate of apprentices. (e) Tracking and reporting the apprentices to the division. (f) Troubleshooting and adjudicating stakeholders in a joint apprenticeship committee, a unilateral management apprenticeship committee, or a unilateral labor apprenticeship committee. (g) Project management and stakeholder management. (Amended by Stats. 2022, Ch. 569, Sec. 46. (AB 156) Effective September 27, 2022.)
  124. 3112.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 5. Apprenticeship Innovation Funding Program [3110 - 3112.1] ( Article 5 added by Stats. 2022, Ch. 67, Sec. 17. )

    Verify source ↗

    The division may fund apprenticeship training directly to public educational institutions or to apprenticeship programs, and reimbursements are limited to registered apprentices when the listed conditions are met.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 5. Apprenticeship Innovation Funding Program [3110 - 3112.1] ( Article 5 added by Stats. 2022, Ch. 67, Sec. 17. ) ## 3112. (a) The division may provide apprenticeship innovation funding training funds either directly to public educational institutions for the training of apprentices, provided that an apprenticeship program is providing the training pursuant to a contract with the public educational institution, or to apprenticeship programs. The funds shall be provided for each apprentice training hour at the rate described in subdivision (c). (b) If apprentice training costs are already being reimbursed pursuant to Section 8152, 79149.1, or 79149.3 of the Education Code, then those training costs shall be ineligible for reimbursement under this section. (c) The reimbursement rate for training reimbursed pursuant to this section shall be equivalent to the reimbursement rate established under Sections 8152 and 79149.3 of the Education Code. (d) Reimbursements may be made under this section for training provided to registered apprentices only if all of the following are true: (1) The training is provided by an approved program that is not within the jurisdiction of the council established pursuant to Section 3070. (2) The program is providing the training pursuant to a contract with a public educational institution. (3) An application for funding is submitted to the division. (Amended by Stats. 2022, Ch. 569, Sec. 47. (AB 156) Effective September 27, 2022.)
  125. 3112.1.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 5. Apprenticeship Innovation Funding Program [3110 - 3112.1] ( Article 5 added by Stats. 2022, Ch. 67, Sec. 17. )

    Verify source ↗

    Apprenticeship innovation funding training funds may be used for listed eligible activities, including course development, classroom instruction, classroom equipment, instructor salaries, curriculum design, and administration of transitioning courses to for-credit college courses.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 5. Apprenticeship Innovation Funding Program [3110 - 3112.1] ( Article 5 added by Stats. 2022, Ch. 67, Sec. 17. ) ## 3112.1. Eligible activities for apprenticeship innovation funding training funds shall include, but are not limited to, all of the following: (a) Development of courses. (b) Classroom instruction. (c) Equipment specifically for classroom training. (d) Instructor salaries. (e) Curriculum design. (f) Administration of transitioning courses to for-credit college course. (Added by Stats. 2022, Ch. 67, Sec. 17. (SB 191) Effective June 30, 2022.)
  126. 3120.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 6. Youth Apprenticeship [3120 - 3122.4] ( Article 6 added by Stats. 2022, Ch. 67, Sec. 18. )

    Verify source ↗

    The Division of Apprenticeship Standards must treat youth apprenticeship as a key priority and work toward specified expansion goals.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 6. Youth Apprenticeship [3120 - 3122.4] ( Article 6 added by Stats. 2022, Ch. 67, Sec. 18. ) ## 3120. Youth apprenticeship shall be a key priority for the Division of Apprenticeship Standards. Youth apprenticeship will complement the state’s existing registered apprenticeship and preapprenticeship programs. The goals and objectives of the division in expanding youth apprenticeships shall include all of the following: (a) Create a framework for youth apprenticeship, increase the number of apprenticeship pathways for youth, and foster coordination and alignment across career-connected learning programs. (b) Increase the number of community colleges and local education agencies offering youth apprenticeship programs, and increase the number of youth who complete certificate and degree programs. (c) Increase the number of preapprenticeship and apprenticeship programs targeting youth. (d) Increase the number of youth who complete a youth apprenticeship and matriculate to employment or continued higher education. (e) Coordinate with, complement, and enhance, existing preapprenticeship and apprenticeship programs. (Added by Stats. 2022, Ch. 67, Sec. 18. (SB 191) Effective June 30, 2022.)
  127. 3121.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 6. Youth Apprenticeship [3120 - 3122.4] ( Article 6 added by Stats. 2022, Ch. 67, Sec. 18. )

    Verify source ↗

    The Chief of the Division of Apprenticeship Standards must convene a committee to develop youth apprenticeship recommendations, and the committee must report back by July 1, 2024.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 6. Youth Apprenticeship [3120 - 3122.4] ( Article 6 added by Stats. 2022, Ch. 67, Sec. 18. ) ## 3121. (a) The Chief of the Division of Apprenticeship Standards shall convene a committee to develop recommendations to the division on the expansion of youth apprenticeships in California. (b) The committee shall include representatives from youth, youth serving organizations, labor, employers of youth, K–12 schools, community colleges, and the public workforce system. (c) In developing these recommendations, the committee shall specifically address the following topics: (1) Clear definitions of youth apprenticeship and high school apprenticeships. (2) Guiding principles in the Youth Apprenticeship Grant Program administered by the division pursuant to Section 3122. (3) Insights on the structure of the state’s work to expand youth apprenticeship. (d) The committee shall provide a report to the division with a set of recommendations no later than July 1, 2024. (e) The Chief of the Division of Apprenticeship Standards shall provide the report to the corresponding fiscal and policy committees of each house of the Legislature. (Added by Stats. 2022, Ch. 67, Sec. 18. (SB 191) Effective June 30, 2022.)
  128. 3122.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 6. Youth Apprenticeship [3120 - 3122.4] ( Article 6 added by Stats. 2022, Ch. 67, Sec. 18. )

    Verify source ↗

    This section creates the Youth Apprenticeship Grant Program and assigns the division to run it, solicit proposals, select recipients, and meet planning and solicitation deadlines.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 6. Youth Apprenticeship [3120 - 3122.4] ( Article 6 added by Stats. 2022, Ch. 67, Sec. 18. ) ## 3122. (a) The Youth Apprenticeship Grant Program is hereby established, to be administered by the division, for the purposes of awarding grant funds to eligible applicants to provide funding for existing apprenticeship and preapprenticeship programs or to develop new apprenticeship and preapprenticeship programs to serve the target population and satisfy the goals and objectives of the grant program as specified in this article. The grant program does not apply to building and construction trades programs that are within the jurisdiction of the council established pursuant to Section 3070. (b) Under the grant program, services shall be delivered principally through collaborative, mission-driven, community-based organizations with experience in providing services to, and with relevant relationships with, targeted populations, consistent with the objectives of the grant program. (c) The division shall consult with and seek feedback from state agencies during the planning process to ensure grant funds awarded under the program leverage and complement existing grant programs. (d) The division shall solicit proposals and select grant recipients from eligible applicants, including local educational agencies, county offices of education, regional consortia of community college districts, local intermediaries, regional and local workforce development boards, apprenticeship program sponsors, and organizations who contract with employers, local educational agencies, community-based organizations, labor, and other workforce development stakeholders. (e) The division shall require that grant recipients demonstrate a commitment to high road principles, as described in subdivision (r) of Section 14005 of the Unemployment Insurance Code, and shall evaluate the performance of recipients based on those principles. (f) The division shall complete the planning process to implement the program by October 31, 2023, and shall begin soliciting grant proposals no later than March 31, 2024. (g) As used in this section, “target population” includes individuals from 16 to 24 years of age who are at risk of disconnection or are disconnected from the education system or employment, unhoused, in the child welfare, juvenile justice, or criminal legal systems, living in concentrated poverty, or are facing barriers to labor market participation. “Target population” includes youth who face chronic opportunity educational achievement gaps, attend schools in communities of concentrated poverty, or attend high schools with a negative school climate indicated by factors, including, but not limited to: (1) School attendance rates. (2) Chronic absenteeism and truancy rates. (3) Dropout rates and low graduation rates. (4) Proficiency scores in English language arts and mathematics. (5) Pupil suspension and expulsion rates. (h) The provisions of this section shall be implemented only upon appropriation of sufficient funds by the Legislature for that purpose. (Added by Stats. 2022, Ch. 67, Sec. 18. (SB 191) Effective June 30, 2022.)
  129. 3122.1.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 6. Youth Apprenticeship [3120 - 3122.4] ( Article 6 added by Stats. 2022, Ch. 67, Sec. 18. )

    Verify source ↗

    Grant funds may be used for listed apprenticeship and preapprenticeship purposes, including training, program setup, management, instruction, equipment, and support services.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 6. Youth Apprenticeship [3120 - 3122.4] ( Article 6 added by Stats. 2022, Ch. 67, Sec. 18. ) ## 3122.1. Grant funds may be used for eligible purposes that include, but are not limited to: (a) Instruction and training of apprentices and preapprentices. (b) Costs related to registration, design, and setting up the apprenticeship or preapprenticeship program or curriculum. (c) Project and case management. (d) Related instruction costs. (e) Education or training equipment, uniforms, tools, graduation fees, and union fees. (f) Mental health services, trauma-informed care, and wraparound support services, including child or dependent care. (Added by Stats. 2022, Ch. 67, Sec. 18. (SB 191) Effective June 30, 2022.)
  130. 3122.2.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 6. Youth Apprenticeship [3120 - 3122.4] ( Article 6 added by Stats. 2022, Ch. 67, Sec. 18. )

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    Grant proposals must include specified information, and certain firefighter-related funding requests have extra conditions or need approval.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 6. Youth Apprenticeship [3120 - 3122.4] ( Article 6 added by Stats. 2022, Ch. 67, Sec. 18. ) ## 3122.2. The grant proposal shall include, but is not limited to, the following information: (a) Knowledge, experience, and capacity to provide services to the target population. (b) Industries and career pathways targeted. (c) Target population that will be served. “Target population” includes individuals from 16 to 24 years of age who are facing educational achievement gaps, attending schools in communities of concentrated poverty, or attending high schools with a negative school climate, as specified in subdivision (g) of Section 3122, as well as youth who are at risk of disconnection or are disconnected from the education system or employment, unhoused, in the child welfare, juvenile justice, or criminal legal systems, living in concentrated poverty, or are facing barriers to labor market participation. (d) How project goals and objectives will be achieved. (e) Other requirements as specified by the division. (f) If the proposal requests funds for a firefighter apprenticeship program, the proposal shall meet the conditions specified in subdivision (b) of Section 3075. (g) If the proposal requests funds for a firefighter preapprenticeship program, the proposal shall be approved by the California Apprenticeship Council. (Added by Stats. 2022, Ch. 67, Sec. 18. (SB 191) Effective June 30, 2022.)
  131. 3122.3.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 6. Youth Apprenticeship [3120 - 3122.4] ( Article 6 added by Stats. 2022, Ch. 67, Sec. 18. )

    Verify source ↗

    The Youth Apprenticeship Grant Program must focus on equity and make grant recipients collect, analyze, and report program data, then compare demographic data with labor force participation and enrollment data.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 6. Youth Apprenticeship [3120 - 3122.4] ( Article 6 added by Stats. 2022, Ch. 67, Sec. 18. ) ## 3122.3. The Youth Apprenticeship Grant Program shall have an explicit focus on equity and aims to ensure that race, income, geography, gender, citizenship status, ability, and other demographics and student characteristics no longer predict the outcomes of California’s youth. To measure success towards that goal, the grant program shall do both of the following: (a) Require grant recipients to collect, analyze, and report program data on race, gender, income, rurality, ability, foster youth, homeless youth, English language learner, and other key characteristics. (b) Cross-tabulate demographic data with labor force participation data and enrollment data among the various demographic groups named above to assess parity in relation to the public K–12 high school, community college, and four-year university graduating cohort demographic distribution, comparing program completion rates with the attainment of educational degrees across groups. (Amended by Stats. 2022, Ch. 569, Sec. 48. (AB 156) Effective September 27, 2022.)
  132. 3122.4.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 6. Youth Apprenticeship [3120 - 3122.4] ( Article 6 added by Stats. 2022, Ch. 67, Sec. 18. )

    Verify source ↗

    The division must monitor and audit grant recipients, and grant recipients must give the division the data needed to evaluate the grant program.

    ## Labor Code - LAB ## DIVISION 3. EMPLOYMENT RELATIONS [2700 - 3122.4] ( Division 3 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 4. Apprenticeship and Preapprenticeship [3070 - 3122.4] ( Heading of Chapter 4 amended by Stats. 2018, Ch. 704, Sec. 19. ) ## ARTICLE 6. Youth Apprenticeship [3120 - 3122.4] ( Article 6 added by Stats. 2022, Ch. 67, Sec. 18. ) ## 3122.4. (a) The division shall monitor and audit grant recipients to ensure compliance with policies, procedures, and requirements for use of the grant funds. Grant recipients shall provide necessary data to the division for purposes of evaluating achievement of the goals and objectives of the grant program. (b) Any grant recipient receiving funding pursuant to this article is subject to evaluation by the division under Section 3073.1. If the grant recipient is found to have violated the provisions of this chapter, those violations are deemed imputed to the associated apprenticeship program, and the division may take any appropriate action against that apprenticeship program. (c) If a program, the grant recipient, or other entity is found to be using Youth Apprenticeship Grant Program funds for purposes other than those for which the funds were granted or is found to have obtained the funds improperly, then the program, grant recipient, or other entity shall not be eligible to receive any grant program funds, and the division or entity authorized to provide funding shall cease providing funds. (Added by Stats. 2022, Ch. 67, Sec. 18. (SB 191) Effective June 30, 2022.)
  133. 3200.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    This section says “workmen’s compensation” is also called “workers’ compensation,” and “Workmen’s Compensation Appeals Board” is renamed “Workers’ Compensation Appeals Board.”

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 3200. The Legislature hereby declares its intent that the term “workmen’s compensation” shall hereafter also be known as “workers’ compensation, ” and that the “Workmen’s Compensation Appeals Board” shall hereafter be known as the “Workers’ Compensation Appeals Board.” In furtherance of this policy it is the desire of the Legislature that references to the terms “workmen’s compensation” and “Workmen’s Compensation Appeals Board” in this code or elsewhere be changed to “workers’ compensation” and “Workers’ Compensation Appeals Board” when such laws are being amended for any purpose. This act is declaratory and not amendatory of existing law. (Amended by Stats. 1981, Ch. 21, Sec. 5. Effective April 18, 1981.)
  134. 3201.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    This section says Division 4 and Division 5 are an expression of the police power and are meant to make the California Constitution’s workers’ compensation provision effective.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 3201. This division and Division 5 (commencing with Section 6300) are an expression of the police power and are intended to make effective and apply to a complete system of workers’ compensation the provisions of Section 4 of Article XIV of the California Constitution. (Amended by Stats. 1986, Ch. 248, Sec. 157.)
  135. 3201.5.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    This section lets certain construction-related collective bargaining agreements be recognized as valid if they meet the section’s conditions, but it preserves employees’ core compensation entitlements and requires reporting and disclosure rules.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 3201.5. (a) Except as provided in subdivisions (b) and (c), the Department of Industrial Relations and the courts of this state shall recognize as valid and binding any provision in a collective bargaining agreement between a private employer or groups of employers engaged in construction, construction maintenance, or activities limited to rock, sand, gravel, cement and asphalt operations, heavy-duty mechanics, surveying, and construction inspection and a union that is the recognized or certified exclusive bargaining representative that establishes any of the following: (1) An alternative dispute resolution system governing disputes between employees and employers or their insurers that supplements or replaces all or part of those dispute resolution processes contained in this division, including, but not limited to, mediation and arbitration. Any system of arbitration shall provide that the decision of the arbiter or board of arbitration is subject to review by the appeals board in the same manner as provided for reconsideration of a final order, decision, or award made and filed by a workers’ compensation administrative law judge pursuant to the procedures set forth in Article 1 (commencing with Section 5900) of Chapter 7 of Part 4 of Division 4, and the court of appeals pursuant to the procedures set forth in Article 2 (commencing with Section 5950) of Chapter 7 of Part 4 of Division 4, governing orders, decisions, or awards of the appeals board. The findings of fact, award, order, or decision of the arbitrator shall have the same force and effect as an award, order, or decision of a workers’ compensation administrative law judge. Any provision for arbitration established pursuant to this section shall not be subject to Sections 5270, 5270.5, 5271, 5272, 5273, 5275, and 5277. (2) The use of an agreed list of providers of medical treatment that may be the exclusive source of all medical treatment provided under this division. (3) The use of an agreed, limited list of qualified medical evaluators and agreed medical evaluators that may be the exclusive source of qualified medical evaluators and agreed medical evaluators under this division. (4) Joint labor management safety committees. (5) A light-duty, modified job or return-to-work program. (6) A vocational rehabilitation or retraining program utilizing an agreed list of providers of rehabilitation services that may be the exclusive source of providers of rehabilitation services under this division. (b) (1) Nothing in this section shall allow a collective bargaining agreement that diminishes the entitlement of an employee to compensation payments for total or partial disability, temporary disability, vocational rehabilitation, or medical treatment fully paid by the employer as otherwise provided in this division. The portion of any agreement that violates this paragraph shall be declared null and void. (2) The parties may negotiate any aspect of the delivery of medical benefits and the delivery of disability compensation to employees of the employer or group of employers that are eligible for group health benefits and nonoccupational disability benefits through their employer. (c) Subdivision (a) shall apply only to the following: (1) An employer developing or projecting an annual workers’ compensation insurance premium, in California, of two hundred fifty thousand dollars ($250,000) or more, or any employer that paid an annual workers’ compensation insurance premium, in California, of two hundred fifty thousand dollars ($250,000) in at least one of the previous three years. (2) Groups of employers engaged in a workers’ compensation safety group complying with Sections 11656.6 and 11656.7 of the Insurance Code, and established pursuant to a joint labor management safety committee or committees, that develops or projects annual workers’ compensation insurance premiums of two million dollars ($2,000,000) or more. (3) Employers or groups of employers that are self-insured in compliance with Section 3700 that would have projected annual workers’ compensation costs that meet the requirements of, and that meet the other requirements of, paragraph (1) in the case of employers, or paragraph (2) in the case of groups of employers. (4) Employers covered by an owner or general contractor provided wrap-up insurance policy applicable to a single construction site that develops workers’ compensation insurance premiums of two million dollars ($2,000,000) or more with respect to those employees covered by that wrap-up insurance policy. (d) Employers and labor representatives who meet the eligibility requirements of this section shall be issued a letter by the administrative director advising each employer and labor representative that, based upon the review of all documents and materials submitted as required by the administrative director, each has met the eligibility requirements of this section. (e) The premium rate for a policy of insurance issued pursuant to this section shall not be subject to the requirements of Section 11732 or 11732.5 of the Insurance Code. (f) No employer may establish or continue a program established under this section until it has provided the administrative director with all of the following: (1) Upon its original application and whenever it is renegotiated thereafter, a copy of the collective bargaining agreement and the approximate number of employees who will be covered thereby. (2) Upon its original application and annually thereafter, a valid and active license where that license is required by law as a condition of doing business in the state within the industries set forth in subdivision (a) of Section 3201.5. (3) Upon its original application and annually thereafter, a statement signed under penalty of perjury, that no action has been taken by any administrative agency or court of the United States to invalidate the collective bargaining agreement. (4) The name, address, and telephone number of the contact person of the employer. (5) Any other information that the administrative director deems necessary to further the purposes of this section. (g) No collective bargaining representative may establish or continue to participate in a program established under this section unless all of the following requirements are met: (1) Upon its original application and annually thereafter, it has provided to the administrative director a copy of its most recent LM-2 or LM-3 filing with the United States Department of Labor, along with a statement, signed under penalty of perjury, that the document is a true and correct copy. (2) It has provided to the administrative director the name, address, and telephone number of the contact person or persons of the collective bargaining representative or representatives. (h) Commencing July 1, 1995, and annually thereafter, the Division of Workers’ Compensation shall report to the Director of Industrial Relations the number of collective bargaining agreements received and the number of employees covered by these agreements. (i) The data obtained by the administrative director pursuant to this section shall be confidential and not subject to public disclosure under any law of this state. However, the Division of Workers’ Compensation shall create derivative works pursuant to subdivision (h) based on the collective bargaining agreements and data. Those derivative works shall not be confidential, but shall be public. On a monthly basis the administrative director shall make available an updated list of employers and unions entering into collective bargaining agreements containing provisions authorized by this section. (Amended by Stats. 2012, Ch. 363, Sec. 8. (SB 863) Effective January 1, 2013.)
  136. 3201.7.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    This section lets qualifying labor-management agreements be recognized, but only if they meet specific conditions and do not reduce certain employee rights.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 3201.7. (a) Except as provided in subdivision (b), the Department of Industrial Relations and the courts of this state shall recognize as valid and binding any labor-management agreement that meets all of the following requirements: (1) The labor-management agreement has been negotiated separate and apart from any collective bargaining agreement covering affected employees. (2) The labor-management agreement is restricted to the establishment of the terms and conditions necessary to implement this section. (3) The labor-management agreement has been negotiated in accordance with the authorization of the administrative director pursuant to subdivision (d), between an employer or groups of employers and a union that is the recognized or certified exclusive bargaining representative that establishes any of the following: (A) An alternative dispute resolution system governing disputes between employees and employers or their insurers that supplements or replaces all or part of those dispute resolution processes contained in this division, including, but not limited to, mediation and arbitration. Any system of arbitration shall provide that the decision of the arbiter or board of arbitration is subject to review by the appeals board in the same manner as provided for reconsideration of a final order, decision, or award made and filed by a workers’ compensation administrative law judge pursuant to the procedures set forth in Article 1 (commencing with Section 5900) of Chapter 7 of Part 4 of Division 4, and the court of appeals pursuant to the procedures set forth in Article 2 (commencing with Section 5950) of Chapter 7 of Part 4 of Division 4, governing orders, decisions, or awards of the appeals board. The findings of fact, award, order, or decision of the arbitrator shall have the same force and effect as an award, order, or decision of a workers’ compensation administrative law judge. Any provision for arbitration established pursuant to this section shall not be subject to Sections 5270, 5270.5, 5271, 5272, 5273, 5275, and 5277. (B) The use of an agreed list of providers of medical treatment that may be the exclusive source of all medical treatment provided under this division. (C) The use of an agreed, limited list of qualified medical evaluators and agreed medical evaluators that may be the exclusive source of qualified medical evaluators and agreed medical evaluators under this division. (D) Joint labor management safety committees. (E) A light-duty, modified job, or return-to-work program. (F) A vocational rehabilitation or retraining program utilizing an agreed list of providers of rehabilitation services that may be the exclusive source of providers of rehabilitation services under this division. (b) (1) Nothing in this section shall allow a labor-management agreement that diminishes the entitlement of an employee to compensation payments for total or partial disability, temporary disability, vocational rehabilitation, or medical treatment fully paid by the employer as otherwise provided in this division; nor shall any agreement authorized by this section deny to any employee the right to representation by counsel at all stages during the alternative dispute resolution process. The portion of any agreement that violates this paragraph shall be declared null and void. (2) The parties may negotiate any aspect of the delivery of medical benefits and the delivery of disability compensation to employees of the employer or group of employers that are eligible for group health benefits and nonoccupational disability benefits through their employer. (c) Subdivision (a) shall apply only to the following: (1) An employer developing or projecting an annual workers’ compensation insurance premium, in California, of fifty thousand dollars ($50,000) or more, and employing at least 50 employees, or any employer that paid an annual workers’ compensation insurance premium, in California, of fifty thousand dollars ($50,000), and employing at least 50 employees in at least one of the previous three years. (2) Groups of employers engaged in a workers’ compensation safety group complying with Sections 11656.6 and 11656.7 of the Insurance Code, and established pursuant to a joint labor management safety committee or committees, that develops or projects annual workers’ compensation insurance premiums of five hundred thousand dollars ($500,000) or more. (3) Employers or groups of employers, including cities and counties, that are self-insured in compliance with Section 3700 that would have projected annual workers’ compensation costs that meet the requirements of, and that meet the other requirements of, paragraph (1) in the case of employers, or paragraph (2) in the case of groups of employers. (4) The State of California. (d) Any recognized or certified exclusive bargaining representative in an industry not covered by Section 3201.5, may file a petition with the administrative director seeking permission to negotiate with an employer or group of employers to enter into a labor-management agreement pursuant to this section. The petition shall specify the bargaining unit or units to be included, the names of the employers or groups of employers, and shall be accompanied by proof of the labor union’s status as the exclusive bargaining representative. The current collective bargaining agreement or agreements shall be attached to the petition. The petition shall be in the form designated by the administrative director. Upon receipt of the petition, the administrative director shall promptly verify the petitioner’s status as the exclusive bargaining representative. If the petition satisfies the requirements set forth in this subdivision, the administrative director shall issue a letter advising each employer and labor representative of their eligibility to enter into negotiations, for a period not to exceed one year, for the purpose of reaching agreement on a labor-management agreement pursuant to this section. The parties may jointly request, and shall be granted, by the administrative director, an additional one-year period to negotiate an agreement. (e) No employer may establish or continue a program established under this section until it has provided the administrative director with all of the following: (1) Upon its original application and whenever it is renegotiated thereafter, a copy of the labor-management agreement and the approximate number of employees who will be covered thereby. (2) Upon its original application and annually thereafter, a statement signed under penalty of perjury, that no action has been taken by any administrative agency or court of the United States to invalidate the labor-management agreement. (3) The name, address, and telephone number of the contact person of the employer. (4) Any other information that the administrative director deems necessary to further the purposes of this section. (f) No collective bargaining representative may establish or continue to participate in a program established under this section unless all of the following requirements are met: (1) Upon its original application and annually thereafter, it has provided to the administrative director a copy of its most recent LM-2 or LM-3 filing with the United States Department of Labor, where such filing is required by law, along with a statement, signed under penalty of perjury, that the document is a true and correct copy. (2) It has provided to the administrative director the name, address, and telephone number of the contact person or persons of the collective bargaining representative or representatives. (g) Commencing July 1, 2005, and annually thereafter, the Division of Workers’ Compensation shall report to the Director of Industrial Relations the number of labor-management agreements received and the number of employees covered by these agreements. (h) The data obtained by the administrative director pursuant to this section shall be confidential and not subject to public disclosure under any law of this state. However, the Division of Workers’ Compensation shall create derivative works pursuant to subdivision (g) based on the labor-management agreements and data. Those derivative works shall not be confidential, but shall be public. On a monthly basis, the administrative director shall make available an updated list of employers and unions entering into labor-management agreements authorized by this section. (Amended by Stats. 2012, Ch. 363, Sec. 9. (SB 863) Effective January 1, 2013.)
  137. 3201.81.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    In the horse racing industry, a California Horse Racing Board-certified organization representing most licensed jockeys may negotiate the collective bargaining agreement for an alternative dispute resolution system for licensed jockeys.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 3201.81. In the horse racing industry, the organization certified by the California Horse Racing Board to represent the majority of licensed jockeys pursuant to subdivision (b) of Section 19612.9 of the Business and Professions Code is the labor organization authorized to negotiate the collective bargaining agreement establishing an alternative dispute resolution system for licensed jockeys pursuant to Section 3201.7. (Amended by Stats. 2007, Ch. 130, Sec. 184. Effective January 1, 2008.)
  138. 3201.9.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    Certain insurers, the Department of Insurance, and a designated rating organization must give the administrative director information needed for the study, the Insurance Commissioner must prepare a review for the report starting June 30, 2004, the administrative director must report findings, and the collected data is confidential.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 3201.9. (a) On or before June 30, 2004, and biannually thereafter, the report required in subdivision (i) of Section 3201.5 and subdivision (h) of Section 3201.7 shall include updated loss experience for all employers and groups of employers participating in a program established under those sections. The report shall include updated data on each item set forth in subdivision (i) of Section 3201.5 and subdivision (h) of Section 3201.7 for the previous year for injuries in 2003 and beyond. Updates for each program shall be done for the original program year and for subsequent years. The insurers, the Department of Insurance, and the rating organization designated by the Insurance Commissioner pursuant to Article 3 (commencing with Section 11750) of Chapter 3 of Part 3 of Division 2 of the Insurance Code, shall provide the administrative director with any information that the administrative director determines is reasonably necessary to conduct the study. (b) Commencing on and after June 30, 2004, the Insurance Commissioner, or the commissioner’s designee, shall prepare for inclusion in the report required in subdivision (i) of Section 3201.5 and subdivision (h) of Section 3201.7 a review of both of the following: (1) The adequacy of rates charged for these programs, including the impact of scheduled credits and debits. (2) The comparative results for these programs with other programs not subject to Section 3201.5 or Section 3201.7. (c) Upon completion of the report, the administrative director shall report the findings to the Legislature, the Department of Insurance, the designated rating organization, and the programs and insurers participating in the study. (d) The data obtained by the administrative director pursuant to this section shall be confidential and not subject to public disclosure under any law of this state. (Amended by Stats. 2004, Ch. 34, Sec. 8. Effective April 19, 2004.)
  139. 3202.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    Courts must interpret this division and Division 5 broadly to extend benefits for workers injured in the course of employment.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 3202. This division and Division 5 (commencing with Section 6300) shall be liberally construed by the courts with the purpose of extending their benefits for the protection of persons injured in the course of their employment. (Amended by Stats. 1986, Ch. 248, Sec. 158.)
  140. 3202.5.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    All parties and lien claimants must prove all issues by a preponderance of the evidence.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 3202.5. All parties and lien claimants shall meet the evidentiary burden of proof on all issues by a preponderance of the evidence in order that all parties are considered equal before the law. “Preponderance of the evidence” means that evidence that, when weighed with that opposed to it, has more convincing force and the greater probability of truth. When weighing the evidence, the test is not the relative number of witnesses, but the relative convincing force of the evidence. (Amended by Stats. 2004, Ch. 34, Sec. 9. Effective April 19, 2004.)
  141. 3203.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    This section excludes certain employers, employments, and injured employees involved in interstate commerce from this division and Division 5, except where federal law or the U.S. Constitution allows those divisions to apply.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 3203. This division and Division 5 (commencing with Section 6300) do not apply to employers or employments which, according to law, are so engaged in interstate commerce as not to be subject to the legislative power of the state, nor to employees injured while they are so engaged, except in so far as these divisions are permitted to apply under the Constitution or laws of the United States. (Amended by Stats. 1986, Ch. 248, Sec. 159.)
  142. 3204.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    This section says the chapter’s definitions control how terms and phrases in the division are interpreted, unless the context requires otherwise.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 3204. Unless the context otherwise requires, the definitions hereinafter set forth in this chapter shall govern the construction and meaning of the terms and phrases used in this division. (Enacted by Stats. 1937, Ch. 90.)
  143. 3205.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    This section defines “Division” as the Division of Workers’ Compensation.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 3205. “Division” means the Division of Workers’ Compensation. (Amended by Stats. 1994, Ch. 1097, Sec. 10. Effective January 1, 1995.)
  144. 3205.5.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    This section defines “Appeals board” as the Workers’ Compensation Appeals Board of the Division of Workers’ Compensation.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 3205.5. “Appeals board” means the Workers’ Compensation Appeals Board of the Division of Workers’ Compensation. (Amended by Stats. 1994, Ch. 1097, Sec. 11. Effective January 1, 1995.)
  145. 3206.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    This section defines “administrative director” as the Director of the Division of Workers’ Compensation.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 3206. “Administrative director” means the Director of the Division of Workers’ Compensation. (Amended by Stats. 1994, Ch. 1097, Sec. 12. Effective January 1, 1995.)
  146. 3206.5.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    Documents that require a signature may be filed using an electronic signature, subject to restrictions or requirements adopted by the administrative director or the Workers’ Compensation Appeals Board.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 3206.5. For the purpose of this division and subject to restrictions or requirements that may be adopted by the administrative director or the Workers’ Compensation Appeals Board, documents that require a signature, including the signature of a notary on an acknowledgment, may be filed with an “electronic signature,” defined as an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record, where the electronic signature is attributable to a person per the requirements of Title 2.5 (commencing with Section 1633.1) of Part 2 of Division 3 of the Civil Code or Section 16.5 of the Government Code. (Added by Stats. 2024, Ch. 392, Sec. 2. (AB 2337) Effective January 1, 2025.)
  147. 3207.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    “Compensation” means benefits or payments under this division for an injured employee, or for dependents if the employee dies.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 3207. “Compensation” means compensation under this division and includes every benefit or payment conferred by this division upon an injured employee, or in the event of his or her death, upon his or her dependents, without regard to negligence. (Amended by Stats. 2004, Ch. 34, Sec. 10. Effective April 19, 2004.)
  148. 3208.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    This section defines “injury” to include injuries or diseases arising out of employment, including damage to certain devices and aids. Eyeglasses and hearing aids are not covered for replacement, repair, or other compensation unless the damage is tied to an injury causing disability.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 3208. “Injury” includes any injury or disease arising out of the employment, including injuries to artificial members, dentures, hearing aids, eyeglasses and medical braces of all types; provided, however, that eyeglasses and hearing aids will not be replaced, repaired, or otherwise compensated for, unless injury to them is incident to an injury causing disability. (Amended by Stats. 1971, Ch. 1064.)
  149. 3208.05.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    This section treats certain employer-provided preventive health care reactions as compensable workers’ compensation injuries, allows the employer to ask for documentation, and excludes one HIV-related benefit in a specified timing scenario.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 3208.05. (a) “Injury” includes a reaction to or a side effect arising from health care provided by an employer to a health care worker, which health care is intended to prevent the development or manifestation of any bloodborne disease, illness, syndrome, or condition recognized as occupationally incurred by Cal-OSHA, the federal Centers for Disease Control and Prevention, or other appropriate governmental entities. This section shall apply only to preventive health care that the employer provided to a health care worker under the following circumstances: (1) prior to an exposure because of risk of occupational exposure to such a disease, illness, syndrome, or condition, or (2) where the preventive care is provided as a consequence of a documented exposure to blood or bodily fluid containing blood that arose out of and in the course of employment. Such a disease, illness, syndrome, or condition includes, but is not limited to, hepatitis, and the human immunodeficiency virus. Such preventive health care, and any disability indemnity or other benefits required as a result of the preventive health care provided by the employer, shall be compensable under the workers’ compensation system. The employer may require the health care worker to document that the employer provided the preventive health care and that the reaction or side effects arising from the preventive health care resulted in lost work time, health care costs, or other costs normally compensable under workers’ compensation. (b) The benefits of this section shall not be provided to a health care worker for a reaction to or side effect from health care intended to prevent the development of the human immunodeficiency virus if the worker claims a work-related exposure and if the worker tests positive within 48 hours of that exposure to a test to determine the presence of the human immunodeficiency virus. (c) For purposes of this section, “health care worker” includes any person who is an employee of a provider of health care as defined in Section 56.05 of the Civil Code, and who is exposed to human blood or other bodily fluids contaminated with blood in the course of employment, including, but not limited to, a registered nurse, a licensed vocational nurse, a certified nurse aide, clinical laboratory technologist, dental hygienist, physician, janitor, and housekeeping worker. “Health care worker” does not include an employee who provides employee health services for an employer primarily engaged in a business other than providing health care. (Amended by Stats. 2013, Ch. 444, Sec. 19. (SB 138) Effective January 1, 2014.)
  150. 3208.1.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    This section says an injury can be either specific or cumulative, and it defines both terms.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 3208.1. An injury may be either: (a) “specific,” occurring as the result of one incident or exposure which causes disability or need for medical treatment; or (b) “cumulative,” occurring as repetitive mentally or physically traumatic activities extending over a period of time, the combined effect of which causes any disability or need for medical treatment. The date of a cumulative injury shall be the date determined under Section 5412. (Amended by Stats. 1973, Ch. 1024.)
  151. 3208.2.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    When disability, medical treatment needs, or death result from the combined effects of two or more injuries, each injury must be considered separately.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 3208.2. When disability, need for medical treatment, or death results from the combined effects of two or more injuries, either specific, cumulative, or both, all questions of fact and law shall be separately determined with respect to each such injury, including, but not limited to, the apportionment between such injuries of liability for disability benefits, the cost of medical treatment, and any death benefit. (Added by Stats. 1968, 1st Ex. Sess., Ch. 4.)
  152. 3208.3.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    This section sets stricter rules for when psychiatric injuries are compensable in workers’ compensation and limits payment in several situations.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 3208.3. (a) A psychiatric injury shall be compensable if it is a mental disorder which causes disability or need for medical treatment, and it is diagnosed pursuant to procedures promulgated under paragraph (4) of subdivision (j) of Section 139.2 or, until these procedures are promulgated, it is diagnosed using the terminology and criteria of the American Psychiatric Association’s Diagnostic and Statistical Manual of Mental Disorders, Third Edition-Revised, or the terminology and diagnostic criteria of other psychiatric diagnostic manuals generally approved and accepted nationally by practitioners in the field of psychiatric medicine. (b) (1) In order to establish that a psychiatric injury is compensable, an employee shall demonstrate by a preponderance of the evidence that actual events of employment were predominant as to all causes combined of the psychiatric injury. (2) Notwithstanding paragraph (1), in the case of employees whose injuries resulted from being a victim of a violent act or from direct exposure to a significant violent act, the employee shall be required to demonstrate by a preponderance of the evidence that actual events of employment were a substantial cause of the injury. (3) For the purposes of this section, “substantial cause” means at least 35 to 40 percent of the causation from all sources combined. (c) It is the intent of the Legislature in enacting this section to establish a new and higher threshold of compensability for psychiatric injury under this division. (d) Notwithstanding any other provision of this division, no compensation shall be paid pursuant to this division for a psychiatric injury related to a claim against an employer unless the employee has been employed by that employer for at least six months. The six months of employment need not be continuous. This subdivision shall not apply if the psychiatric injury is caused by a sudden and extraordinary employment condition. Nothing in this subdivision shall be construed to authorize an employee, or the employee’s dependents, to bring an action at law or equity for damages against the employer for a psychiatric injury, where those rights would not exist pursuant to the exclusive remedy doctrine set forth in Section 3602 in the absence of the amendment of this section by the act adding this subdivision. (e) Where the claim for compensation is filed after notice of termination of employment or layoff, including voluntary layoff, and the claim is for an injury occurring prior to the time of notice of termination or layoff, no compensation shall be paid unless the employee demonstrates by a preponderance of the evidence that actual events of employment were predominant as to all causes combined of the psychiatric injury and one or more of the following conditions exist: (1) Sudden and extraordinary events of employment were the cause of the injury. (2) The employer has notice of the psychiatric injury under Chapter 2 (commencing with Section 5400) prior to the notice of termination or layoff. (3) The employee’s medical records existing prior to notice of termination or layoff contain evidence of treatment of the psychiatric injury. (4) Upon a finding of sexual or racial harassment by any trier of fact, whether contractual, administrative, regulatory, or judicial. (5) Evidence that the date of injury, as specified in Section 5411 or 5412, is subsequent to the date of the notice of termination or layoff, but prior to the effective date of the termination or layoff. (f) For purposes of this section, an employee provided notice pursuant to Sections 44948.5, 44949, 44951, 44955, 44955.6, 72411, 87740, and 87743 of the Education Code shall be considered to have been provided a notice of termination or layoff only upon a district’s final decision not to reemploy that person. (g) A notice of termination or layoff that is not followed within 60 days by that termination or layoff shall not be subject to the provisions of this subdivision, and this subdivision shall not apply until receipt of a later notice of termination or layoff. The issuance of frequent notices of termination or layoff to an employee shall be considered a bad faith personnel action and shall make this subdivision inapplicable to the employee. (h) No compensation under this division shall be paid by an employer for a psychiatric injury if the injury was substantially caused by a lawful, nondiscriminatory, good faith personnel action. The burden of proof shall rest with the party asserting the issue. (i) When a psychiatric injury claim is filed against an employer, and an application for adjudication of claim is filed by an employer or employee, the division shall provide the employer with information concerning psychiatric injury prevention programs. (j) An employee who is an inmate, as defined in subdivision (e) of Section 3351, or their family on behalf of an inmate, shall not be entitled to compensation for a psychiatric injury except as provided in subdivision (d) of Section 3370. (k) An employee who is a patient, as defined in subdivision (h) of Section 3351, or their family on behalf of a patient, shall not be entitled to compensation for a psychiatric injury except as provided in subdivision (d) of Section 3370.1. (Amended by Stats. 2019, Ch. 38, Sec. 32. (SB 78) Effective June 27, 2019.)
  153. 3208.4.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    In certain workers’ compensation proceedings involving alleged sexual harassment, sexual assault, or sexual battery, a party seeking discovery of the applicant’s sexual conduct with someone other than the defendant must show specific facts and good cause on noticed motion; ex parte handling is barred, and some sexual-conduct evidence is generally inadmissible for consent or lack-of-injury purposes.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 3208.4. In any proceeding under this division involving an injury arising out of alleged conduct that constitutes sexual harassment, sexual assault, or sexual battery, any party seeking discovery concerning sexual conduct of the applicant with any person other than the defendant, whether consensual or nonconsensual or prior or subsequent to the alleged act complained of, shall establish specific facts showing good cause for that discovery on a noticed motion to the appeals board. The motion shall not be made or considered at an ex parte hearing. The procedures set forth in Section 783 of the Evidence Code shall be followed if evidence of sexual conduct of the applicant is offered to attack his or her credibility. Opinion evidence, evidence of reputation, and evidence of specific instances of sexual conduct of the applicant with any person other than the defendant, or any of such evidence, is not admissible by the defendant to prove consent by or the absence of injury to the applicant, unless the injury alleged by the applicant is in the nature of loss of consortium. (Added by Stats. 1993, Ch. 121, Sec. 24. Effective July 16, 1993.)
  154. 3209.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    This section defines “damages” as the recovery allowed in an action at law, as opposed to compensation.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 3209. “Damages” means the recovery allowed in an action at law as contrasted with compensation. (Enacted by Stats. 1937, Ch. 90.)
  155. 3209.10.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    A licensed physician assistant or nurse practitioner may provide treatment for a work-related injury under physician supervision, may cosign the report, and may authorize up to three calendar days off work if authorized by protocol. The treating physician must determine temporary disability and sign the report.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 3209.10. (a) Medical treatment of a work-related injury required to cure or relieve the effects of the injury may be provided by a state licensed physician assistant or nurse practitioner, acting under the review or supervision of a physician and surgeon pursuant to standardized procedures or protocols within their lawfully authorized scope of practice. The reviewing or supervising physician and surgeon of the physician assistant or nurse practitioner shall be deemed to be the treating physician. For the purposes of this section, “medical treatment” includes the authority of the nurse practitioner or physician assistant to authorize the patient to receive time off from work for a period not to exceed three calendar days if that authority is included in a standardized procedure or protocol approved by the supervising physician. The nurse practitioner or physician assistant may cosign the Doctor’s First Report of Occupational Injury or Illness. The treating physician shall make any determination of temporary disability and shall sign the report. (b) The provision of subdivision (a) that requires the cosignature of the treating physician applies to this section only and it is not the intent of the Legislature that the requirement apply to any other section of law or to any other statute or regulation. Nothing in this section implies that a nurse practitioner or physician assistant is a physician as defined in Section 3209.3. (Amended by Stats. 2004, Ch. 100, Sec. 1. Effective January 1, 2005.)
  156. 3209.11.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    This section lets certain employers and medical provider networks use licensed clinical social workers, but a licensed clinical social worker may treat or evaluate an injured worker only with a physician referral, and may not determine disability under the stated provisions.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 3209.11. (a) An employer, workers’ compensation insurer, self-insured employer, or agent of an employer, insurer, or self-insured employer may provide an employee with access to the services of a licensed clinical social worker acting within their scope of practice. (b) Medical provider networks may add licensed clinical social workers to the physician providers listing in the networks established or modified pursuant to Section 4616. (c) For purposes of this section, “licensed clinical social worker” means a licensed clinical social worker with a master’s degree in clinical social work, or a degree deemed equivalent for licensure by the Board of Behavioral Sciences pursuant to Article 4 (commencing with Section 4996) of Chapter 14 of Division 2 of the Business and Professions Code, and who either has at least two years of clinical experience in a recognized health setting or has met the standards of the Association of Social Work Boards. (d) This section does not authorize licensed clinical social workers to determine disability for the purposes of Article 3 (commencing with Section 4650) of Chapter 2 of Part 2, or under Section 2708 of the Unemployment Insurance Code. (e) This section authorizes a licensed clinical social worker to treat or evaluate an injured worker only upon referral from a physician as defined in Section 3209.3. (Added by Stats. 2022, Ch. 609, Sec. 3. (SB 1002) Effective January 1, 2023.)
  157. 3209.3.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    This section defines several provider terms and says acupuncturists are not authorized to determine disability for specified purposes.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 3209.3. (a) “Physician” includes physicians and surgeons holding an M.D. or D.O. degree, psychologists, acupuncturists, optometrists, dentists, podiatrists, and chiropractic practitioners licensed by California state law and within the scope of their practice as defined by California state law. (b) “Psychologist” means a licensed psychologist with a doctoral degree in psychology, or a doctoral degree deemed equivalent for licensure by the Board of Psychology pursuant to Section 2914 of the Business and Professions Code, and who either has at least two years of clinical experience in a recognized health setting or has met the standards of the National Register of the Health Service Providers in Psychology. (c) When treatment or evaluation for an injury is provided by a psychologist, provision shall be made for appropriate medical collaboration when requested by the employer or the insurer. (d) “Acupuncturist” means a person who holds an acupuncturist’s certificate issued pursuant to Chapter 12 (commencing with Section 4925) of Division 2 of the Business and Professions Code. (e) Nothing in this section shall be construed to authorize acupuncturists to determine disability for the purposes of Article 3 (commencing with Section 4650) of Chapter 2 of Part 2, or under Section 2708 of the Unemployment Insurance Code. (Amended (as amended by Stats. 1996, Ch. 26, Sec. 1) by Stats. 1997, Ch. 98, Sec. 1. Effective January 1, 1998.)
  158. 3209.4.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    Optometrists are not given any right to represent, advertise, or hold themselves out as physicians under this section.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 3209.4. The inclusion of optometrists in Section 3209.3 does not imply any right or entitle any optometrist to represent, advertise, or hold himself out as a physician. (Added by Stats. 1947, Ch. 1404.)
  159. 3209.5.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    This section says medical, surgical, and hospital treatment includes certain related services and supplies, such as nursing, medicines, crutches, apparatus, and services and supplies from specified licensed providers.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 3209.5. Medical, surgical, and hospital treatment, including nursing, medicines, medical and surgical supplies, crutches, and apparatus, includes, but is not limited to, services and supplies by physical therapists, licensed clinical social workers, chiropractic practitioners, and acupuncturists, as licensed by California state law and within the scope of their practice as defined by law. (Amended by Stats. 2022, Ch. 609, Sec. 2. (SB 1002) Effective January 1, 2023.)
  160. 3209.6.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    This section says that including chiropractors in Sections 3209.3 and 3209.5 does not give any chiropractor the right to represent, advertise, or hold himself out as a physician.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 3209.6. The inclusion of chiropractors in Sections 3209.3 and 3209.5 does not imply any right or entitle any chiropractor to represent, advertise, or hold himself out as a physician. (Added by Stats. 1945, Ch. 629.)
  161. 3209.7.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    Employee and employer may make a written therapy or healing agreement after employment, but the employee does not give up legal rights or benefits, and either party may end the agreement with 7 days’ written notice.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 3209.7. Treatment of injuries at the expense of the employer may also include, either in addition to or in place of medical, surgical, and hospital services, as specified in Section 3209.5, any other form of therapy, treatment, or healing practice agreed upon voluntarily in writing, between the employee and his employer. Such agreement may be entered into at any time after employment and shall be in a form approved by the Department of Industrial Relations, and shall include at least the following items: (a) A description of the form of healing practice intended to be relied upon and designation of individuals and facilities qualified to administer it. (b) The employee shall not by entering into such an agreement or by selecting such therapy, treatment or healing practice, waive any rights conferred upon him by law, or forfeit any benefits to which he might otherwise be entitled. (c) The employer and the employee shall each reserve the right to terminate such agreement upon seven days written notice to the other party. No liability shall be incurred by the employer under the provisions of this section, except as provided for in Chapter 3 (commencing with Section 3600), of this part. (Added by Stats. 1970, Ch. 1250.)
  162. 3209.8.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    This section says treatment can include services from certain licensed therapists and counselors if the injured person is referred by a physician, the employer approves, and the treatment is for a condition arising from the injury.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 3209.8. Treatment reasonably required to cure or relieve from the effects of an injury shall include the services of marriage and family therapists, professional clinical counselors, and clinical social workers licensed by California state law and within the scope of their practice as defined by California state law if the injured person is referred to the marriage and family therapist, the professional clinical counselor, or the clinical social worker by a licensed physician and surgeon, with the approval of the employer, for treatment of a condition arising out of the injury. This section does not authorize marriage and family therapists, professional clinical counselors, or clinical social workers to determine disability for the purposes of Article 3 (commencing with Section 4650) of Chapter 2 of Part 2. The requirement of this section that the employer approve the referral by a licensed physician or surgeon shall not be construed to preclude reimbursement for self-procured treatment, found by the appeals board to be otherwise compensable pursuant to this division, if the employer has refused to authorize any treatment for the condition arising from the injury treated by the marriage and family therapist, professional clinical counselor, or clinical social worker. (Amended by Stats. 2018, Ch. 389, Sec. 18. (AB 2296) Effective January 1, 2019.)
  163. 3209.9.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    Acupuncturists are not given any right to present themselves as physicians or surgeons with an M.D. or D.O. degree.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 3209.9. The inclusion of acupuncturists in Section 3209.3 does not imply any right or entitle any acupuncturist to represent, advertise, or hold himself or herself out as a physician or surgeon holding an M.D. or D.O. degree. (Added by Stats. 1997, Ch. 98, Sec. 3. Effective January 1, 1998.)
  164. 3210.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    “Person” includes an individual, firm, voluntary association, or a public, quasi public, or private corporation.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 3210. “Person” includes an individual, firm, voluntary association, or a public, quasi public, or private corporation. (Enacted by Stats. 1937, Ch. 90.)
  165. 3211.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    This section defines “insurer” for this chapter.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 3211. “Insurer” includes the State Compensation Insurance Fund and any private company, corporation, mutual association, reciprocal or interinsurance exchange authorized under the laws of this State to insure employers against liability for compensation and any employer to whom a certificate of consent to self-insure has been issued. (Enacted by Stats. 1937, Ch. 90.)
  166. 3211.5.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    For this division, “firefighter,” “firefighting member,” and “member of a fire department” include certain people providing firefighting services, such as apprentices, volunteers, and partly paid or fully paid employees, unless the context says otherwise.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 3211.5. For purposes of this division, whenever the term “firefighter,” “firefighting member,” and “member of a fire department” is used, the term shall include, but shall not be limited to, unless the context expressly provides otherwise, a person engaged in providing firefighting services who is an apprentice, volunteer, or employee on a partly paid or fully paid basis. (Added by Stats. 2002, Ch. 870, Sec. 2. Effective January 1, 2003.)
  167. 3211.9.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    A “disaster council” is a public agency created by ordinance that may register and direct disaster service workers in a county, city, city and county, or part of one.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 3211.9. “Disaster council” means a public agency established by ordinance which is empowered to register and direct the activities of disaster service workers within the area of the county, city, city and county, or any part thereof, and is thus, because of such registration and direction, acting as an instrumentality of the state in aid of the carrying out of the general governmental functions and policy of the state. (Amended by Stats. 1971, Ch. 38.)
  168. 3211.91.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    This section defines an “accredited disaster council” as a disaster council certified by the Office of Emergency Services.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 3211.91. “Accredited disaster council” means a disaster council that is certified by the Office of Emergency Services as conforming with the rules and regulations established by the office pursuant to Article 10 (commencing with Section 8610) of Chapter 7 of Division 1 of Title 2 of the Government Code. A disaster council remains accredited only while the certification of the Office of Emergency Services is in effect and is not revoked. (Amended by Stats. 2013, Ch. 352, Sec. 400. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  169. 3211.92.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    This section defines who counts as a “disaster service worker” and says some registered people do not need to reregister to receive Chapter 10 benefits.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 3211.92. (a) “Disaster service worker” means any natural person who is registered with an accredited disaster council or a state agency for the purpose of engaging in disaster service pursuant to the California Emergency Services Act without pay or other consideration. (b) “Disaster service worker” includes public employees performing disaster work that is outside the course and scope of their regular employment without pay and also includes any unregistered person impressed into service during a state of war emergency, a state of emergency, or a local emergency by a person having authority to command the aid of citizens in the execution of his or her duties. (c) Persons registered with a disaster council at the time that council becomes accredited need not reregister in order to be entitled to the benefits provided by Chapter 10 (commencing with Section 4351). (d) “Disaster service worker” does not include any member registered as an active firefighting member of any regularly organized volunteer fire department, having official recognition, and full or partial support of the county, city, or district in which the fire department is located. (Amended by Stats. 2000, Ch. 506, Sec. 33. Effective January 1, 2001.)
  170. 3211.93.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    “Disaster service” is defined as activities authorized under the California Emergency Services Act, including needed training.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 3211.93. “Disaster service” means all activities authorized by and carried on pursuant to the California Emergency Services Act, including training necessary or proper to engage in such activities. (Amended by Stats. 1971, Ch. 438.)
  171. 3211.93a

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    This section excludes certain activities from the meaning of “disaster service” when the registered accredited disaster council receives a fee or other compensation for them.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 3211.93a. “Disaster service” does not include any activities or functions performed by a person if the accredited disaster council with which that person is registered receives a fee or other compensation for the performance of those activities or functions by that person. (Amended by Stats. 2000, Ch. 506, Sec. 34. Effective January 1, 2001.)
  172. 3212.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    This section treats certain heart, lung, and hernia conditions as work injuries for specified public safety workers, and gives a rebuttable employment presumption for those conditions.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 3212. (a) (1) In the case of members of a sheriff’s office or the California Highway Patrol, district attorney’s staff of inspectors and investigators or of police or fire departments of cities, counties, cities and counties, districts or other public or municipal corporations or political subdivisions, whether those members are volunteer, partly paid, or fully paid, and in the case of active firefighting members of the Department of Forestry and Fire Protection whose duties require firefighting or of any county forestry or firefighting department or unit, whether voluntary, fully paid, or partly paid, and in the case of members of the warden service of the Wildlife Protection Branch of the Department of Fish and Game whose principal duties consist of active law enforcement service, excepting those whose principal duties are clerical or otherwise do not clearly fall within the scope of active law enforcement service such as stenographers, telephone operators, and other officeworkers, the term “injury” as used in this act includes hernia when any part of the hernia develops or manifests itself during a period while the member is in the service in the office, staff, division, department, or unit, and in the case of members of fire departments, except those whose principal duties are clerical, such as stenographers, telephone operators, and other officeworkers, and in the case of county forestry or firefighting departments, except those whose principal duties are clerical, such as stenographers, telephone operators, and other officeworkers, and in the case of active firefighting members of the Department of Forestry and Fire Protection whose duties require firefighting, and in the case of members of the warden service of the Wildlife Protection Branch of the Department of Fish and Game whose principal duties consist of active law enforcement service, excepting those whose principal duties are clerical or otherwise do not clearly fall within the scope of active law enforcement service such as stenographers, telephone operators, and other officeworkers, the term “injury” includes pneumonia and heart trouble that develops or manifests itself during a period while the member is in the service of the office, staff, department, or unit. In the case of regular salaried county or city and county peace officers, the term “injury” also includes any hernia that manifests itself or develops during a period while the officer is in the service. The compensation that is awarded for the hernia, heart trouble, or pneumonia shall include full hospital, surgical, medical treatment, disability indemnity, and death benefits, as provided by the workers’ compensation laws of this state. (2) The hernia, heart trouble, or pneumonia so developing or manifesting itself in those cases shall be presumed to arise out of and in the course of the employment. This presumption is disputable and may be controverted by other evidence, but unless so controverted, the appeals board is bound to find in accordance with it. The presumption shall be extended to a member following termination of service for a period of three calendar months for each full year of the requisite service, but not to exceed 60 months in any circumstance, commencing with the last date actually worked in the specified capacity. (3) The hernia, heart trouble, or pneumonia so developing or manifesting itself in those cases shall in no case be attributed to any disease existing prior to that development or manifestation. (b) This section also applies to all of the following, for injuries occurring on or after January 1, 2026: (1) Active firefighting members of a fire department that serves a United States Department of Defense installation and who are certified by the United States Department of Defense as meeting its standards for firefighters. (2) Active firefighting members of a fire department that serves a National Aeronautics and Space Administration installation and who adhere to training standards established in accordance with Article 4 (commencing with Section 13155) of Chapter 1 of Part 2 of Division 12 of the Health and Safety Code. (3) Active firefighting members of a fire department that provides fire protection to a commercial airport regulated by the Federal Aviation Administration (FAA) under Part 139 (commencing with Section 139.1) of Subchapter G of Chapter I of Title 14 of the Federal Code of Regulations and are trained and certified by the State Fire Marshal as meeting the standards of Fire Control 5 and Section 139.319 of Title 14 of the Federal Code of Regulations. (Amended by Stats. 2025, Ch. 404, Sec. 1. (SB 230) Effective January 1, 2026.)
  173. 3212.1.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    This section applies a cancer presumption and related benefits to specified firefighters, peace officers, and fire-and-rescue coordinators, and allows the section to be cited by its short name.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 3212.1. (a) This section applies to all of the following: (1) Active firefighting members, whether volunteers, partly paid, or fully paid, of all of the following fire departments: (A) A fire department of a city, county, city and county, district, or other public or municipal corporation or political subdivision. (B) A fire department of the University of California and the California State University. (C) The Department of Forestry and Fire Protection. (D) A county forestry or firefighting department or unit. (2) Active firefighting members of a fire department that serves a United States Department of Defense installation and who are certified by the Department of Defense as meeting its standards for firefighters. (3) Active firefighting members of a fire department that serves a National Aeronautics and Space Administration installation and who adhere to training standards established in accordance with Article 4 (commencing with Section 13155) of Chapter 1 of Part 2 of Division 12 of the Health and Safety Code. (4) Active firefighting members of a fire department that provides fire protection to a commercial airport regulated by the Federal Aviation Administration (FAA) under Part 139 (commencing with Section 139.1) of Subchapter G of Chapter I of Title 14 of the Federal Code of Regulations and are trained and certified by the State Fire Marshal as meeting the standards of Fire Control 5 and Section 139.319 of Title 14 of the Federal Code of Regulations for injuries occurring on or after January 1, 2026. (5) Peace officers, as defined in Section 830.1, subdivision (a) of Section 830.2, and subdivisions (a) and (b) of Section 830.37, of the Penal Code, who are primarily engaged in active law enforcement activities. (6) (A) Fire and rescue services coordinators who work for the Office of Emergency Services. (B) For purposes of this paragraph, “fire and rescue services coordinators” means coordinators with any of the following job classifications: coordinator, senior coordinator, or chief coordinator. (b) The term “injury,” as used in this division, includes cancer, including leukemia, that develops or manifests itself during a period in which any member described in subdivision (a) is in the service of the department or unit, if the member demonstrates that they were exposed, while in the service of the department or unit, to a known carcinogen as defined by the International Agency for Research on Cancer, or as defined by the director. (c) The compensation that is awarded for cancer shall include full hospital, surgical, medical treatment, disability indemnity, and death benefits, as provided by this division. (d) The cancer so developing or manifesting itself in these cases shall be presumed to arise out of and in the course of the employment. This presumption is disputable and may be controverted by evidence that the primary site of the cancer has been established and that the carcinogen to which the member has demonstrated exposure is not reasonably linked to the disabling cancer. Unless so controverted, the appeals board is bound to find in accordance with the presumption. This presumption shall be extended to a member following termination of service for a period of three calendar months for each full year of the requisite service, but not to exceed 120 months in any circumstance, commencing with the last date actually worked in the specified capacity. (e) The amendments to this section enacted during the 1999 portion of the 1999–2000 Regular Session shall be applied to claims for benefits filed or pending on or after January 1, 1997, including, but not limited to, claims for benefits filed on or after that date that have previously been denied, or that are being appealed following denial. (f) This section shall be known, and may be cited, as the William Dallas Jones Cancer Presumption Act of 2010. (Amended by Stats. 2025, Ch. 404, Sec. 2. (SB 230) Effective January 1, 2026.)
  174. 3212.10.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    Certain peace officers get a presumption that specified illnesses are work-related, and the appeals board must follow that presumption unless other evidence controverts it.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 3212.10. In the case of a peace officer of the Department of Corrections who has custodial or supervisory duties of inmates or parolees, or a peace officer of the Department of the Youth Authority who has custodial or supervisory duties of wards or parolees, or a peace officer as defined in Section 830.5 of the Penal Code and employed by a local agency, the term “injury” as used in this division includes heart trouble, pneumonia, tuberculosis, and meningitis that develops or manifests itself during a period in which any peace officer covered under this section is in the service of the department or unit. The compensation that is awarded for that injury shall include full hospital, surgical, medical treatment, disability indemnity, and death benefits as provided by the provisions of this division. The heart trouble, pneumonia, tuberculosis, and meningitis so developing or manifesting itself shall be presumed to arise out of and in the course of employment. This presumption is disputable and may be controverted by other evidence, but unless so controverted, the appeals board is bound to find in accordance with it. This presumption shall be extended to a member following termination of service for a period of three calendar months for each full year of requisite service, but not to exceed 60 months in any circumstance, commencing with the last date actually worked in the specified capacity. (Amended by Stats. 2002, Ch. 664, Sec. 165. Effective January 1, 2003.)
  175. 3212.11.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    This section covers certain public and state lifeguards, treats qualifying skin cancer as an injury, and creates a rebuttable presumption that it arose from employment.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 3212.11. This section applies to both of the following: (a) active lifeguards employed by a city, county, city and county, district, or other public or municipal corporation or political subdivision, and (b) active state lifeguards employed by the Department of Parks and Recreation. The term “injury,” as used in this division, includes skin cancer that develops or manifests itself during the period of the lifeguard’s employment. The compensation awarded for that injury shall include full hospital, surgical, and medical treatment, disability indemnity, and death benefits, as provided by the provisions of this division. Skin cancer so developing or manifesting itself shall be presumed to arise out of and in the course of the employment. This presumption is disputable and may be controverted by other evidence, but unless so controverted, the appeals board shall find in accordance with it. This presumption shall be extended to a lifeguard following termination of service for a period of three calendar months for each full year of the requisite service, but not to exceed 60 months in any circumstance, commencing with the last date actually worked in the specified capacity. Skin cancer so developing or manifesting itself in these cases shall not be attributed to any disease existing prior to that development or manifestation. This section shall only apply to lifeguards employed for more than three consecutive months in a calendar year. (Added by Stats. 2001, Ch. 846, Sec. 1. Effective January 1, 2002.)
  176. 3212.12.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    This section gives certain California public-safety and Conservation Corps workers a workers’ compensation rule for Lyme disease, including a presumption that it arose from employment.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 3212.12. (a) This section applies to peace officers, as defined in subdivision (b) of Section 830.1 of the Penal Code, subdivisions (e), (f), and (g) of Section 830.2 of the Penal Code, and corpsmembers, as defined by Section 14302 of the Public Resources Code, and other employees at the California Conservation Corps classified as any of the following: Title Class Backcounty Trails Camp Supervisor, California Conservation Corps ........................ 1030 Conservationist I, California Conservation Corps ........................ 1029 Conservationist II, California Conservation Corps ........................ 1003 Conservationist II, Nursery California Conservation Corps ........................ 7370 (b) The term “injury,” as used in this division, includes Lyme disease that develops or manifests itself during a period in which any person described in subdivision (a) is in the service of the department. (c) The compensation that is awarded for Lyme disease shall include full hospital, surgical, medical treatment, disability indemnity, and death benefits, as provided by this division. (d) Lyme disease so developing or manifesting itself in these cases shall be presumed to arise out of and in the course of the employment. This presumption is disputable and may be controverted by evidence that the Lyme disease is not reasonably linked to the work performance. Unless so controverted, the appeals board shall find in accordance with the presumption. This presumption shall be extended to a person described in subdivision (a) following termination of service for a period of three calendar months for each full year of the requisite service, but not to exceed 60 months in any circumstance, commencing with the last date actually worked in the specified capacity. (Added by Stats. 2002, Ch. 876, Sec. 1. Effective January 1, 2003.)
  177. 3212.15.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    This section covers certain public-safety workers and firefighters with PTSD-related injury claims, gives a compensation presumption, requires some reporting by the workers’ compensation commission, and has a six-month service condition with an exception.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 3212.15. (a) This section applies to all of the following: (1) Active firefighting members, whether volunteers, partly paid, or fully paid, of all of the following fire departments: (A) A fire department of a city, county, city and county, district, or other public or municipal corporation or political subdivision. (B) A fire department of the University of California and the California State University. (C) The Department of Forestry and Fire Protection. (D) A county forestry or firefighting department or unit. (2) Active firefighting members of a fire department that serves a United States Department of Defense installation and who are certified by the Department of Defense as meeting its standards for firefighters. (3) Active firefighting members of a fire department that serves a National Aeronautics and Space Administration installation and who adhere to training standards established in accordance with Article 4 (commencing with Section 13155) of Chapter 1 of Part 2 of Division 12 of the Health and Safety Code. (4) Active firefighting members of a fire department that provides fire protection to a commercial airport regulated by the Federal Aviation Administration (FAA) under Part 139 (commencing with Section 139.1) of Subchapter G of Chapter I of Title 14 of the Federal Code of Regulations and are trained and certified by the State Fire Marshal as meeting the standards of Fire Control 5 and Section 139.319 of Title 14 of the Federal Code of Regulations for injuries occurring on or after January 1, 2026. (5) Peace officers, as defined in Section 830.1 of, subdivisions (a), (b), and (c) of Section 830.2 of, Section 830.32 of, subdivisions (a) and (b) of Section 830.37 of, Section 830.5 of, and Section 830.55 of, the Penal Code, who are primarily engaged in active law enforcement activities. (6) (A) Fire and rescue services coordinators who work for the Office of Emergency Services. (B) For purposes of this paragraph, “fire and rescue services coordinators” means coordinators with any of the following job classifications: coordinator, senior coordinator, or chief coordinator. (b) In the case of a person described in subdivision (a), the term “injury,” as used in this division, includes “post-traumatic stress disorder,” as diagnosed according to the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association and that develops or manifests itself during a period in which any person described in subdivision (a) is in the service of the department, unit, office, or agency. (c) For an injury that is diagnosed as specified in subdivision (b): (1) The compensation that is awarded shall include full hospital, surgical, medical treatment, disability indemnity, and death benefits, as provided by this division. (2) The injury so developing or manifesting itself in these cases shall be presumed to arise out of and in the course of the employment. This presumption is disputable and may be controverted by other evidence, but unless so controverted, the appeals board is bound to find in accordance with the presumption. This presumption shall be extended to a person described in subdivision (a) following termination of service for a period of 3 calendar months for each full year of the requisite service, but not to exceed 60 months in any circumstance, commencing with the last date actually worked in the specified capacity. (d) Compensation shall not be paid pursuant to this section for a claim of injury unless the person has performed services for the department, unit, office, or agency for at least six months. The six months of employment need not be continuous. This subdivision does not apply if the injury is caused by a sudden and extraordinary employment condition. (e) This section, as added by Section 2 of Chapter 390 of the Statutes of 2019, applies to injuries occurring on or after January 1, 2020. (f) (1) The Commission on Health and Safety and Workers’ Compensation shall submit a report to the Legislature analyzing the effectiveness of the presumption created by this section. The report shall review data from post-traumatic stress disorder injuries for which compensation is claimed under this section from January 1, 2020, through December 31, 2025. The report shall be provided to the Senate Committee on Labor, Public Employment and Retirement and the Assembly Committee on Insurance no later than January 1, 2027. (2) The Commission on Health and Safety and Workers’ Compensation shall submit a report to the Legislature analyzing claims filed for post-traumatic stress disorder injury for which compensation is claimed by public safety dispatchers, public safety telecommunicators, and emergency response communication employees, from January 1, 2020, through December 31, 2023. The study shall review data, including, but not limited to, the total number of claims, frequency of claim acceptance, frequency of claim denial, the initial claim determination, and the average time between the filing of a claim and the final determination of compensability. The report shall be provided to the Senate Committee on Labor, Public Employment and Retirement and the Assembly Committee on Insurance no later than January 1, 2025. For purposes of this subdivision, a “public safety dispatcher,” “public safety telecommunicator,” or “emergency response communication employee” means an individual employed by a public safety agency whose primary responsibility is to receive, process, transmit, or dispatch emergency and nonemergency calls for law enforcement, fire, emergency medical, and other public safety services by telephone, radio, or other communication device, and includes an individual who supervises other individuals who perform these functions. (3) A report submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code. (g) This section shall remain in effect only until January 1, 2029, and as of that date is repealed. (Amended by Stats. 2025, Ch. 404, Sec. 3. (SB 230) Effective January 1, 2026. Repealed as of January 1, 2029, by its own provisions.)
  178. 3212.2.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    For certain custodial employees and specified peace officers, heart trouble can count as an injury under workers’ compensation rules.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 3212.2. (a) For an officer and employee in the Department of Corrections and Rehabilitation having custodial duties and for a peace officer, as defined in Section 830.38 of the Penal Code, employed by the State Department of State Hospitals, the term “injury” includes heart trouble that develops or manifests itself during a period while such officer or employee is in the service of such department or hospital. (b) The compensation that is awarded for heart trouble includes full hospital, surgical, medical treatment, disability indemnity, and death benefits, as provided by the workers’ compensation laws of this state. (c) The heart trouble so developing or manifesting itself in these cases shall be presumed to arise out of and in the course of the employment. This presumption is disputable and may be controverted by other evidence, but unless so controverted, the appeals board is bound to find in accordance with it. This presumption shall be extended to a member following termination of service for a period of three calendar months for each full year of the requisite service, but not to exceed 60 months in any circumstance, commencing with the last date actually worked in the specified capacity. (Amended by Stats. 2025, Ch. 291, Sec. 1. (AB 1125) Effective January 1, 2026.)
  179. 3212.3.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    For certain California Highway Patrol peace officers, heart trouble and pneumonia can be treated as work-related injuries under this section, with a rebuttable presumption and extended post-service coverage in some cases.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 3212.3. In the case of a peace officer who is designated under subdivision (a) of Section 2250.1 of the Vehicle Code and who has graduated from an academy certified by the Commission on Peace Officer Standards and Training, when that officer is employed upon a regular, full-time salary, the term “injury,” as used in this division, includes heart trouble and pneumonia which develops or manifests itself during a period while that officer is in the service of the Department of the California Highway Patrol. The compensation which is awarded for the heart trouble or pneumonia shall include full hospital, surgical, medical treatment, disability indemnity, and death benefits as provided by this division. The heart trouble or pneumonia so developing or manifesting itself shall be presumed to arise out of and in the course of the employment. However, a peace officer of the Department of the California Highway Patrol, as designated under subdivision (a) of Section 2250.1 of the Vehicle Code, shall have served five years or more in that capacity or as a peace officer with the former California State Police Division, or in both capacities, before the presumption shall arise as to the compensability of heart trouble so developing or manifesting itself. This presumption is disputable and may be controverted by other evidence, but unless so controverted, the appeals board is bound to find in accordance with it. This presumption shall be extended to a member following termination of service for a period of three calendar months for each full year of the requisite service, but not to exceed 60 months in any circumstance, commencing with the last date actually worked in the specified capacity. The heart trouble or pneumonia so developing or manifesting itself in these cases shall in no case be attributed to any disease existing prior to that development or manifestation. The term “peace officers” as used herein shall be limited to those employees of the Department of the California Highway Patrol who are designated as peace officers under subdivision (a) of Section 2250.1 of the Vehicle Code. (Amended by Stats. 1996, Ch. 305, Sec. 41. Effective January 1, 1997.)
  180. 3212.4.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    For certain qualifying University of California fire department members, heart trouble, hernia, and pneumonia are treated as compensable injuries, with a rebuttable presumption that they are work-related.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 3212.4. In the case of a member of a University of California fire department located at a campus or other facility administered by the Regents of University of California, when any such member is employed by such a department upon a regular, full-time salary, on a nonprobationary basis, the term “injury” as used in this division includes heart trouble, hernia, or pneumonia which develops or manifests itself during a period while such member is in the service of such a University of California fire department. The compensation which is awarded for such heart trouble, hernia, or pneumonia shall include full hospital, surgical, medical treatment, disability indemnity, and death benefits as provided by the provisions of this division. Such heart trouble, hernia, or pneumonia so developing or manifesting itself shall be presumed to arise out of and in the course of the employment. This presumption is disputable and may be controverted by other evidence, but unless so controverted, the appeals board is bound to find in accordance with it. This presumption shall be extended to a member following termination of service for a period of three calendar months for each full year of the requisite service, but not to exceed 60 months in any circumstance, commencing with the last date actually worked in the specified capacity. Such heart trouble, hernia, or pneumonia so developing or manifesting itself in such cases shall in no case be attributed to any disease existing prior to such development or manifestation. The term “member” as used herein shall exclude those employees of a University of California fire department whose principal duties are those of a telephone operator, clerk, stenographer, machinist, mechanic, or otherwise, and whose functions do not clearly fall within the scope of active firefighting and prevention service. (Amended by Stats. 1976, Ch. 466.)
  181. 3212.5.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    Certain full-time police, highway patrol, sheriff, and district attorney’s office personnel are covered by a special workers’ compensation rule for heart trouble and pneumonia.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 3212.5. In the case of a member of a police department of a city or municipality, or a member of the State Highway Patrol, when any such member is employed upon a regular, full-time salary, and in the case of a sheriff or deputy sheriff, or an inspector or investigator in a district attorney’s office of any county, employed upon a regular, full-time salary, the term “injury” as used in this division includes heart trouble and pneumonia which develops or manifests itself during a period while such member, sheriff, or deputy sheriff, inspector or investigator is in the service of the police department, the State Highway Patrol, the sheriff’s office or the district attorney’s office, as the case may be. The compensation which is awarded for such heart trouble or pneumonia shall include full hospital, surgical, medical treatment, disability indemnity, and death benefits as provided by the provisions of this division. Such heart trouble or pneumonia so developing or manifesting itself shall be presumed to arise out of and in the course of the employment; provided, however, that the member of the police department, State Highway Patrol, the sheriff or deputy sheriff, or an inspector or investigator in a district attorney’s office of any county shall have served five years or more in such capacity before the presumption shall arise as to the compensability of heart trouble so developing or manifesting itself. This presumption is disputable and may be controverted by other evidence, but unless so controverted, the appeals board is bound to find in accordance with it. This presumption shall be extended to a member following termination of service for a period of three calendar months for each full year of the requisite service, but not to exceed 60 months in any circumstance, commencing with the last date actually worked in the specified capacity. Such heart trouble or pneumonia so developing or manifesting itself in such cases shall in no case be attributed to any disease existing prior to such development or manifestation. The term “members” as used herein shall be limited to those employees of police departments, the California Highway Patrol and sheriffs’ departments and inspectors and investigators of a district attorney’s office who are defined as peace officers in Section 830.1, 830.2, or 830.3 of the Penal Code. (Amended by Stats. 1976, Ch. 466.)
  182. 3212.6.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    This section treats tuberculosis as an industrial injury for certain public safety and firefighting employees, gives a rebuttable presumption that it arose from employment, and lets a public entity require tuberculosis testing for some firefighting applicants.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 3212.6. (a) (1) In the case of a member of a police department of a city or county, or a member of the sheriff’s office of a county, or a member of the California Highway Patrol, or an inspector or investigator in a district attorney’s office of any county whose principal duties consist of active law enforcement service, or a prison or jail guard or correctional officer who is employed by a public agency, when that person is employed upon a regular, full-time salary, or in the case of members of fire departments of any city, county, or district, or other public or municipal corporations or political subdivisions, when those members are employed on a regular fully paid basis, and in the case of active firefighting members of the Department of Forestry and Fire Protection whose duties require firefighting and first-aid response services, or of any county forestry or firefighting department or unit, where those members are employed on a regular fully paid basis, excepting those whose principal duties are clerical or otherwise do not clearly fall within the scope of active law enforcement, firefighting, or emergency first-aid response service such as stenographers, telephone operators, and other officeworkers, the term “injury” includes tuberculosis that develops or manifests itself during a period while that member is in the service of that department or office. The compensation that is awarded for the tuberculosis shall include full hospital, surgical, medical treatment, disability indemnity, and death benefits as provided by the provisions of this division. (2) The tuberculosis so developing or manifesting itself shall be presumed to arise out of and in the course of the employment. This presumption is disputable and may be controverted by other evidence, but unless so controverted, the appeals board is bound to find in accordance with it. This presumption shall be extended to a member following termination of service for a period of three calendar months for each full year of the requisite service, but not to exceed 60 months in any circumstance, commencing with the last date actually worked in the specified capacity. (3) A public entity may require applicants for employment in firefighting positions who would be entitled to the benefits granted by this section to be tested for infection for tuberculosis. (b) This section also applies to all of the following, for injuries occurring on or after January 1, 2026: (1) Active firefighting members of a fire department that serves a United States Department of Defense installation and who are certified by the United States Department of Defense as meeting its standards for firefighters. (2) Active firefighting members of a fire department that serves a National Aeronautics and Space Administration installation and who adhere to training standards established in accordance with Article 4 (commencing with Section 13155) of Chapter 1 of Part 2 of Division 12 of the Health and Safety Code. (3) Active firefighting members of a fire department that provides fire protection to a commercial airport regulated by the Federal Aviation Administration (FAA) under Part 139 (commencing with Section 139.1) of Subchapter G of Chapter I of Title 14 of the Federal Code of Regulations and are trained and certified by the State Fire Marshal as meeting the standards of Fire Control 5 and Section 139.319 of Title 14 of the Federal Code of Regulations. (Amended by Stats. 2025, Ch. 404, Sec. 4. (SB 230) Effective January 1, 2026.)
  183. 3212.7.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    For certain Department of Justice employees in the state safety class, covered heart trouble, hernia, pneumonia, or tuberculosis counts as an injury and can trigger workers’ compensation benefits.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 3212.7. In the case of an employee in the Department of Justice falling within the “state safety” class, when any such individual is employed under civil service upon a regular, full-time salary, the term “injury,” as used in this division, includes heart trouble or hernia or pneumonia or tuberculosis which develops or manifests itself during the period while such individual is in the service of the Department of Justice. The compensation which is awarded for any such injury shall include full hospital, surgical, medical treatment, disability indemnity, and death benefits as provided by the provisions of this division. Such heart trouble, hernia, pneumonia, or tuberculosis so developing or manifesting itself shall be presumed to arise out of and in the course of the employment. This presumption is disputable and may be controverted by other evidence but unless so controverted, the appeals board is bound to find in accordance with it. This presumption shall be extended to a member following termination of service for a period of three calendar months for each full year of the requisite service, but not to exceed 60 months in any circumstance, commencing with the last date actually worked in the specified capacity. Such heart trouble, hernia, pneumonia, or tuberculosis developing or manifesting itself in such cases shall in no case be attributed to any disease existing prior to such development or manifestation. (Amended by Stats. 1976, Ch. 466.)
  184. 3212.8.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    This section treats certain work-related blood-borne infectious diseases and MRSA skin infections as injuries for specified public safety and firefighting personnel, with rebuttable presumptions and post-service coverage periods.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 3212.8. (a) In the case of members of a sheriff’s office, of police or fire departments of cities, counties, cities and counties, districts, or other public or municipal corporations or political subdivisions, or individuals described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, whether those persons are volunteer, partly paid, or fully paid, and in the case of active firefighting members of the Department of Forestry and Fire Protection, or of any county forestry or firefighting department or unit, whether voluntary, fully paid, or partly paid, excepting those whose principal duties are clerical or otherwise do not clearly fall within the scope of active law enforcement service or active firefighting services, such as stenographers, telephone operators, and other officeworkers, the term “injury” as used in this division, includes a blood-borne infectious disease or methicillin-resistant Staphylococcus aureus skin infection when any part of the blood-borne infectious disease or methicillin-resistant Staphylococcus aureus skin infection develops or manifests itself during a period while that person is in the service of that office, staff, division, department, or unit. The compensation that is awarded for a blood-borne infectious disease or methicillin-resistant Staphylococcus aureus skin infection shall include, but not be limited to, full hospital, surgical, medical treatment, disability indemnity, and death benefits, as provided by the workers’ compensation laws of this state. (b) (1) The blood-borne infectious disease or methicillin-resistant Staphylococcus aureus skin infection so developing or manifesting itself in those cases shall be presumed to arise out of and in the course of the employment or service. This presumption is disputable and may be controverted by other evidence, but unless so controverted, the appeals board is bound to find in accordance with it. (2) The blood-borne infectious disease presumption shall be extended to a person covered by subdivision (a) following termination of service for a period of three calendar months for each full year of service, but not to exceed 60 months in any circumstance, commencing with the last date actually worked in the specified capacity. (3) Notwithstanding paragraph (2), the methicillin-resistant Staphylococcus aureus skin infection presumption shall be extended to a person covered by subdivision (a) following termination of service for a period of 90 days, commencing with the last day actually worked in the specified capacity. (c) The blood-borne infectious disease or methicillin-resistant Staphylococcus aureus skin infection so developing or manifesting itself in those cases shall in no case be attributed to any disease or skin infection existing prior to that development or manifestation. (d) For the purposes of this section, “blood-borne infectious disease” means a disease caused by exposure to pathogenic microorganisms that are present in human blood that can cause disease in humans, including those pathogenic microorganisms defined as blood-borne pathogens by the Department of Industrial Relations. (e) This section also applies to all of the following, for injuries occurring on or after January 1, 2026: (1) Active firefighting members of a fire department that serves a United States Department of Defense installation and who are certified by the United States Department of Defense as meeting its standards for firefighters. (2) Active firefighting members of a fire department that serves a National Aeronautics and Space Administration installation and who adhere to training standards established in accordance with Article 4 (commencing with Section 13155) of Chapter 1 of Part 2 of Division 12 of the Health and Safety Code. (3) Active firefighting members of a fire department that provides fire protection to a commercial airport regulated by the Federal Aviation Administration (FAA) under Part 139 (commencing with Section 139.1) of Subchapter G of Chapter I of Title 14 of the Federal Code of Regulations and are trained and certified by the State Fire Marshal as meeting the standards of Fire Control 5 and Section 139.319 of Title 14 of the Federal Code of Regulations. (Amended by Stats. 2025, Ch. 404, Sec. 5. (SB 230) Effective January 1, 2026.)
  185. 3212.85.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    This section gives certain peace officers and fire department members a workers' compensation presumption for specified biochemical-exposure injuries, and requires related benefits to include medical and death benefits.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 3212.85. (a) This section applies to peace officers described in Sections 830.1 to 830.5, inclusive, of the Penal Code, and members of a fire department. (b) The term “injury,” as used in this division, includes illness or resulting death due to exposure to a biochemical substance that develops or occurs during a period in which any member described in subdivision (a) is in the service of the department or unit. (c) The compensation that is awarded for injury pursuant to this section shall include full hospital, surgical, medical treatment, disability indemnity, and death benefits, as provided by this division. (d) The injury that develops or manifests itself in these cases shall be presumed to arise out of, and in the course of, the employment. This presumption is disputable and may be controverted by other evidence. Unless controverted, the appeals board is bound to find in accordance with the presumption. This presumption shall be extended to a member following termination of service for a period of three calendar months for each full year of the requisite service, but not to exceed 60 months in any circumstance, commencing with the last date actually worked in the specified capacity. (e) For purposes of this section, the following definitions apply: (1) “Biochemical substance” means any biological or chemical agent that may be used as a weapon of mass destruction, including, but not limited to, any chemical warfare agent, weaponized biological agent, or nuclear or radiological agent, as these terms are defined in Section 11417 of the Penal Code. (2) “Members of a fire department” includes, but is not limited to, an apprentice, volunteer, partly paid, or fully paid member of any of the following: (A) A fire department of a city, county, city and county, district, or other public or municipal corporation or political subdivision. (B) A fire department of the University of California and the California State University. (C) The Department of Forestry and Fire Protection. (D) A county forestry or firefighting department or unit. (E) Active firefighting members of a fire department that serves a United States Department of Defense installation and who are certified by the United States Department of Defense as meeting its standards for firefighters for injuries occurring on or after January 1, 2026. (F) Active firefighting members of a fire department that serves a National Aeronautics and Space Administration installation and who adhere to training standards established in accordance with Article 4 (commencing with Section 13155) of Chapter 1 of Part 2 of Division 12 of the Health and Safety Code for injuries occurring on or after January 1, 2026. (G) Active firefighting members of a fire department that provides fire protection to a commercial airport regulated by the Federal Aviation Administration (FAA) under Part 139 (commencing with Section 139.1) of Subchapter G of Chapter I of Title 14 of the Federal Code of Regulations and are trained and certified by the State Fire Marshal as meeting the standards of Fire Control 5 and Section 139.319 of Title 14 of the Code of Federal Regulations for injuries occurring on or after January 1, 2026. (Amended by Stats. 2025, Ch. 404, Sec. 6. (SB 230) Effective January 1, 2026.)
  186. 3212.9.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    This section treats meningitis as a covered injury for certain full-time public safety and firefighting employees, and it creates a rebuttable presumption that the condition arose out of and in the course of employment.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 3212.9. (a) (1) In the case of a member of a police department of a city, county, or city and county, or a member of the sheriff’s office of a county, or a member of the California Highway Patrol, or a county probation officer, or an inspector or investigator in a district attorney’s office of any county whose principal duties consist of active law enforcement service, when that person is employed on a regular, full-time salary, or in the case of a member of a fire department of any city, county, or district, or other public or municipal corporation or political subdivision, or any county forestry or firefighting department or unit, when those members are employed on a regular full-time salary, excepting those whose principal duties are clerical or otherwise do not clearly fall within the scope of active law enforcement or firefighting, such as stenographers, telephone operators, and other officeworkers, the term “injury” includes meningitis that develops or manifests itself during a period while that person is in the service of that department, office, or unit. The compensation that is awarded for the meningitis shall include full hospital, surgical, medical treatment, disability indemnity, and death benefits as provided by the provisions of this division. (2) The meningitis so developing or manifesting itself shall be presumed to arise out of and in the course of the employment. This presumption is disputable and may be controverted by other evidence, but unless so controverted, the appeals board is bound to find in accordance with it. This presumption shall be extended to a person following termination of service for a period of three calendar months for each full year of the requisite service, but not to exceed 60 months in any circumstance, commencing with the last date actually worked in the specified capacity. (b) This section also applies to all of the following, for injuries occurring on or after January 1, 2026: (1) Active firefighting members of a fire department that serves a United States Department of Defense installation and who are certified by the United States Department of Defense as meeting its standards for firefighters. (2) Active firefighting members of a fire department that serves a National Aeronautics and Space Administration installation and who adhere to training standards established in accordance with Article 4 (commencing with Section 13155) of Chapter 1 of Part 2 of Division 12 of the Health and Safety Code. (3) Active firefighting members of a fire department that provides fire protection to a commercial airport regulated by the Federal Aviation Administration (FAA) under Part 139 (commencing with Section 139.1) of Subchapter G of Chapter I of Title 14 of the Federal Code of Regulations and are trained and certified by the State Fire Marshal as meeting the standards of Fire Control 5 and Section 139.319 of Title 14 of the Federal Code of Regulations. (Amended by Stats. 2025, Ch. 404, Sec. 7. (SB 230) Effective January 1, 2026.)
  187. 3213.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    For certain University of California Police Department members, heart trouble and pneumonia can be treated as an injury under workers’ compensation if stated conditions are met.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 3213. In the case of a member of the University of California Police Department who has graduated from an academy certified by the Commission on Peace Officer Standards and Training, when he and all members of the campus department of which he is a member have graduated from such an academy, and when any such member is employed upon a regular, full-time salary, the term “injury” as used in this division includes heart trouble and pneumonia which develops or manifests itself during a period while such member is in the service of such campus department of the University of California Police Department. The compensation which is awarded for such heart trouble or pneumonia shall include full hospital, surgical, medical treatment, disability indemnity, and death benefits as provided by the provisions of this division. Such heart trouble or pneumonia so developing or manifesting itself shall be presumed to arise out of and in the course of the employment; provided, however, that the member of the University of California Police Department shall have served five years or more in such capacity before the presumption shall arise as to the compensability of heart trouble so developing or manifesting itself. This presumption is disputable and may be controverted by other evidence, but unless so controverted, the appeals board is bound to find in accordance with it. This presumption shall be extended to a member following termination of service for a period of three calendar months for each full year of the requisite service, but not to exceed 60 months in any circumstance, commencing with the last date actually worked in the specified capacity. Such heart trouble or pneumonia so developing or manifesting itself in such cases shall in no case be attributed to any disease existing prior to such development or manifestation. As used in this section: (a) “Members” shall be limited to those employees of the University of California Police Department who are defined as peace officers in Section 830.2 of the Penal Code. (b) “Campus” shall include any campus or other installation maintained under the jurisdiction of the Regents of the University of California. (c) “Campus department” means all members of the University of California Police Department who are assigned and serve on a particular campus. (Amended by Stats. 1976, Ch. 466.)
  188. 3213.2.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    Certain qualifying peace officers get a presumption that lower back impairments are work-related, and related compensation must include specified medical and death benefits.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 3213.2. (a) In the case of a member of a police department of a city, county, or city and county, or a member of the sheriff’s office of a county, or a peace officer employed by the Department of the California Highway Patrol, or a peace officer employed by the University of California, who has been employed for at least five years as a peace officer on a regular, full-time salary and has been required to wear a duty belt as a condition of employment, the term “injury,” as used in this division, includes lower back impairments. The compensation that is awarded for lower back impairments shall include full hospital, surgical, medical treatment, disability indemnity, and death benefits as provided by the provisions of this division. (b) The lower back impairment so developing or manifesting itself in the peace officer shall be presumed to arise out of and in the course of the employment. This presumption is disputable and may be controverted by other evidence, but unless so controverted, the appeals board is bound to find in accordance with it. This presumption shall be extended to a person following termination of service for a period of three calendar months for each full year of the requisite service, but not to exceed 60 months in any circumstance, commencing with the last date actually worked in the specified capacity. (c) For purposes of this section, “duty belt” means a belt used for the purpose of holding a gun, handcuffs, baton, and other items related to law enforcement. (Added by Stats. 2001, Ch. 834, Sec. 1. Effective January 1, 2002.)
  189. 3214.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    The Department of Corrections and the Department of the Youth Authority must create and carry out an early intervention workers’ compensation program, with specified services, and pay the service costs.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 3214. (a) The Department of Corrections and the Department of the Youth Authority shall, in conjunction with all recognized employee representative associations, develop policy and implement the workers’ compensation early intervention program by December 31, 1989, for all department employees who sustain an injury. The program shall include, but not be limited to, counseling by an authorized independent early intervention counselor and the services of an agreed medical panel to assist in timely decisions regarding compensability. Costs of services through early intervention shall be borne by the departments. (b) It is the intent of the Legislature to reduce all costs associated with the delivery of workers’ compensation benefits, in balance with the need to ensure timely and adequate benefits to the injured worker. Toward this goal the workers’ compensation early intervention program was established in the Department of Corrections and the Department of the Youth Authority. The fundamental concept of the program is to settle disputes rather than to litigate them. This is a worthwhile concept in terms of cost control for the employer and timely receipt of benefits for the worker. To ascertain the effectiveness of the program is crucial in helping guide policy in this arena. (Amended by Stats. 2001, Ch. 745, Sec. 157. Effective October 12, 2001.)
  190. 3215.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    A person may not offer, deliver, receive, or accept rebates, discounts, commissions, or similar consideration to induce referrals of clients or patients, unless otherwise permitted by law.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 3215. Except as otherwise permitted by law, any person acting individually or through his or her employees or agents, who offers, delivers, receives, or accepts any rebate, refund, commission, preference, patronage, dividend, discount or other consideration, whether in the form of money or otherwise, as compensation or inducement for referring clients or patients to perform or obtain services or benefits pursuant to this division, is guilty of a crime. (Added by Stats. 1991, Ch. 116, Sec. 26.)
  191. 3217.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    Section 3217 limits how Section 3215 is read and allows several related communications and transactions.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 3217. (a) Section 3215 shall not be construed to prevent the recommendation of professional employment where that recommendation is not prohibited by the Rules of Professional Conduct of the State Bar. (b) Section 3215 shall not be construed to prohibit a public defender or assigned counsel from making known his or her availability as a criminal defense attorney to persons unable to afford legal counsel, whether or not those persons are in custody. (c) Any person who commits an act that violates both Section 3215 and either Section 650 of the Business and Professions Code or Section 750 of the Insurance Code shall, upon conviction, have judgment and sentence imposed for only one violation for any act. (d) Section 3215 shall not be construed to prohibit the payment or receipt of consideration or services that is lawful pursuant to Section 650 of the Business and Professions Code. (e) Notwithstanding Sections 3215 and 3219, and Section 750 of the Insurance Code, nothing shall prevent an attorney at law or a law firm from providing any person or entity with legal advice, information, or legal services, including the providing of printed, copied, or written documents, either without charge or for an otherwise lawfully agreed upon attorney fee. (f) Section 3215 shall not be construed to prohibit a workers’ compensation insurer from offering, and an employer from accepting, a workers’ compensation insurance policy with rates that reflect premium discounts based upon the employer securing coverage for occupational or nonoccupational illnesses or injuries from a health care service plan or disability insurer that is owned by, affiliated with, or has a contractual relationship with, the workers’ compensation insurer. (Amended by Stats. 1995, Ch. 886, Sec. 4. Effective January 1, 1996.)
  192. 3218.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    A violation of Section 3215 is a public offense, with penalties under Section 3218 varying by conviction.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 3218. A violation of Section 3215 is a public offense punishable upon a first conviction by incarceration in the county jail for not more than one year, or by incarceration in the state prison, or by a fine not exceeding ten thousand dollars ($10,000), or by both incarceration and fine. A second or subsequent conviction is punishable by incarceration in state prison. (Added by Stats. 1991, Ch. 116, Sec. 28.)
  193. 3219.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. )

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    It is a felony to give or receive certain rebates, commissions, discounts, or similar consideration in exchange for referring or settling a claim, unless otherwise permitted by law.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 1. General Provisions [3200 - 3219] ( Chapter 1 enacted by Stats. 1937, Ch. 90. ) ## 3219. (a) (1) Except as otherwise permitted by law, any person acting individually or through his or her employees or agents, who offers or delivers any rebate, refund, commission, preference, patronage, dividend, discount, or other consideration to any adjuster of claims for compensation, as defined in Section 3207, as compensation, inducement, or reward for the referral or settlement of any claim, is guilty of a felony. (2) Except as otherwise permitted by law, any adjuster of claims for compensation, as defined in Section 3207, who accepts or receives any rebate, refund, commission, preference, patronage, dividend, discount, or other consideration, as compensation, inducement, or reward for the referral or settlement of any claim, is guilty of a felony. (b) Any contract for professional services secured by any medical clinic, laboratory, physician or other health care provider in this state in violation of Section 550 of the Penal Code, Section 1871.4 of the Insurance Code, Section 650 or 651 of the Business and Professions Code, or Section 3215 or subdivision (a) of Section 3219 of this code is void. In any action against any medical clinic, laboratory, physician, or other health care provider, or the owners or operators thereof, under Chapter 4 (commencing with Section 17000) or Chapter 5 (commencing with Section 17200) of Division 7 of the Business and Professions Code, any judgment shall include an order divesting the medical clinic, laboratory, physician, or other health care provider, and the owners and operators thereof, of any fees and other compensation received pursuant to any such void contract. Those fees and compensation shall be recoverable as additional civil penalties under Chapter 4 (commencing with Section 17000) or Chapter 5 (commencing with Section 17200) of Division 7 of the Business and Professions Code. The judgment may also include an order prohibiting the person from further participating in any manner in the entity in which that person directly or indirectly owned or operated for a time period that the court deems appropriate. For the purpose of this section, “operated” means participated in the management, direction, or control of the entity. (c) Notwithstanding Section 17206 or any other provision of law, any fees recovered pursuant to subdivision (b) in an action involving professional services related to the provision of workers’ compensation shall be allocated as follows: if the action is brought by the Attorney General, one-half of the penalty collected shall be paid to the State General Fund, and one-half of the penalty collected shall be paid to the Workers’ Compensation Fraud Account in the Insurance Fund; if the action is brought by a district attorney, one-half of the penalty collected shall be paid to the treasurer of the county in which the judgment was entered, and one-half of the penalty collected shall be paid to the Workers’ Compensation Fraud Account in the Insurance Fund; if the action is brought by a city attorney or city prosecutor, one-half of the penalty collected shall be paid to the treasurer of the city in which the judgment was entered, and one-half of the penalty collected shall be paid to the Workers’ Compensation Fraud Account in the Insurance Fund. Moneys deposited into the Workers’ Compensation Fraud Account pursuant to this subdivision shall be used in the investigation and prosecution of workers’ compensation fraud, as appropriated by the Legislature. (Added by Stats. 1993, Ch. 120, Sec. 4. Effective July 16, 1993.)
  194. 3300.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employers, Employees, and Dependents [3300 - 3553] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. Employers [3300 - 3302] ( Article 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    This section defines “employer” for this division.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employers, Employees, and Dependents [3300 - 3553] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. Employers [3300 - 3302] ( Article 1 enacted by Stats. 1937, Ch. 90. ) ## 3300. As used in this division, “employer” means: (a) The State and every State agency. (b) Each county, city, district, and all public and quasi public corporations and public agencies therein. (c) Every person including any public service corporation, which has any natural person in service. (d) The legal representative of any deceased employer. (Enacted by Stats. 1937, Ch. 90.)
  195. 3301.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employers, Employees, and Dependents [3300 - 3553] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. Employers [3300 - 3302] ( Article 1 enacted by Stats. 1937, Ch. 90. )

    Verify source ↗

    This section says who is not counted as an “employer” for this division.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employers, Employees, and Dependents [3300 - 3553] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. Employers [3300 - 3302] ( Article 1 enacted by Stats. 1937, Ch. 90. ) ## 3301. As used in this division, “employer” excludes the following: (a) Any person while acting solely as the sponsor of a bowling team. (b) Any private, nonprofit organization while acting solely as the sponsor of a person who, as a condition of sentencing by a superior or municipal court, is performing services for the organization. The exclusions of this section do not exclude any person or organization from the application of this division which is otherwise an employer for the purposes of this division. (Amended by Stats. 1981, Ch. 21, Sec. 7. Effective April 18, 1981.)
  196. 3302.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employers, Employees, and Dependents [3300 - 3553] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. Employers [3300 - 3302] ( Article 1 enacted by Stats. 1937, Ch. 90. )

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    Temporary staffing entities supplying workers to licensed contractors must pay workers’ compensation premiums, report payroll and related contractor details to the insurer, and remain responsible for the worker’s compensation coverage. The licensed contractor must notify the supplier if the worker is used on a public works project or reassigned to a different classification.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employers, Employees, and Dependents [3300 - 3553] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 1. Employers [3300 - 3302] ( Article 1 enacted by Stats. 1937, Ch. 90. ) ## 3302. (a) (1) When a licensed contractor enters an agreement with a temporary employment agency, employment referral service, labor contractor, or other similar entity for the entity to supply the contractor with an individual to perform acts or contracts for which the contractor’s license is required under Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code and the licensed contractor is responsible for supervising the employee’s work, the temporary employment agency, employment referral service, labor contractor, or other similar entity shall pay workers’ compensation premiums based on the contractor’s experience modification rating. (2) The temporary employment agency, employment referral service, labor contractor, or other similar entity described in paragraph (1) shall report to the insurer both of the following: (A) Its payroll on a monthly basis in sufficient detail to allow the insurer to determine the number of workers provided and the wages paid to these workers during the period the workers were supplied to the licensed contractor. (B) The licensed contractor’s name, address, and experience modification factor as reported by the licensed contractor. (C) The workers’ compensation classifications associated with the payroll reported pursuant to subparagraph (A). Classifications shall be assigned in accordance with the rules set forth in the California Workers’ Compensation Uniform Statistical Reporting Plan published by the Workers’ Compensation Insurance Rating Bureau. (b) The temporary employment agency, employment referral service, labor contractor, or other similar entity supplying the individual under the conditions specified in subdivision (a) shall be solely responsible for the individual’s workers’ compensation, as specified in subdivision (a). (c) Nothing in this section is intended to change existing law in effect on December 31, 2002, as it relates to the sole remedy provisions of this division and the special employer provisions of Section 11663 of the Insurance Code. (d) A licensed contractor that is using a temporary worker supplied pursuant to subdivision (a) shall notify the temporary employment agency, employment referral service, labor contractor, or other similar entity that supplied that temporary worker when either of the following occurs: (1) The temporary worker is being used on a public works project. (2) The contractor reassigns a temporary worker to a position other than the classification to which the worker was originally assigned. (e) A temporary employment agency, employment referral service, labor contractor, or other similar entity may pass through to a licensed contractor any additional costs incurred as a result of this section. (Added by Stats. 2002, Ch. 1098, Sec. 1. Effective January 1, 2003.)
  197. 3350.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employers, Employees, and Dependents [3300 - 3553] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Employees [3350 - 3371.1] ( Article 2 enacted by Stats. 1937, Ch. 90. )

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    This section says the article’s definitions control how terms and phrases in the division are interpreted, unless the context requires otherwise.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employers, Employees, and Dependents [3300 - 3553] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Employees [3350 - 3371.1] ( Article 2 enacted by Stats. 1937, Ch. 90. ) ## 3350. Unless the context otherwise requires, the definitions set forth in this article shall govern the construction and meaning of the terms and phrases used in this division. (Enacted by Stats. 1937, Ch. 90.)
  198. 3351.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employers, Employees, and Dependents [3300 - 3553] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Employees [3350 - 3371.1] ( Article 2 enacted by Stats. 1937, Ch. 90. )

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    This section defines “employee” broadly and lists several categories included in that term. It also lets certain officers, directors, partners, managing members, and some trust-interest holders elect to be excluded from coverage if they meet the stated conditions.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employers, Employees, and Dependents [3300 - 3553] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Employees [3350 - 3371.1] ( Article 2 enacted by Stats. 1937, Ch. 90. ) ## 3351. “Employee” means every person in the service of an employer under any appointment or contract of hire or apprenticeship, express or implied, oral or written, whether lawfully or unlawfully employed, and includes: (a) Persons who are not citizens or nationals of the United States and minors. (b) All elected and appointed paid public officers. (c) All officers and members of boards of directors of quasi-public or private corporations while rendering actual service for the corporations for pay. An officer or member of a board of directors may elect to be excluded from coverage in accordance with paragraph (16), (18), or (19) of subdivision (a) of Section 3352. (d) Except as provided in paragraph (8) of subdivision (a) of Section 3352, any person employed by the owner or occupant of a residential dwelling whose duties are incidental to the ownership, maintenance, or use of the dwelling, including the care and supervision of children, or whose duties are personal and not in the course of the trade, business, profession, or occupation of the owner or occupant. (e) All persons incarcerated in a state penal or correctional institution while engaged in assigned work or employment as defined in paragraph (1) of subdivision (a) of Section 10021 of Title 8 of the California Code of Regulations, or engaged in work performed under contract. (f) All working members of a partnership or limited liability company receiving wages irrespective of profits from the partnership or limited liability company. A general partner of a partnership or a managing member of a limited liability company may elect to be excluded from coverage in accordance with paragraph (17) of subdivision (a) of Section 3352. (g) A person who holds the power to revoke a trust, with respect to shares of a private corporation held in trust or general partnership or limited liability company interests held in trust. To the extent that this person is deemed to be an employee described in subdivision (c) or (f), as applicable, the person may also elect to be excluded from coverage as described in subdivision (c) or (f), as applicable, if that person otherwise meets the criteria for exclusion, as described in Section 3352. (h) A person committed to a state hospital facility under the State Department of State Hospitals, as defined in Section 4100 of the Welfare and Institutions Code, while engaged in and assigned work in a vocation rehabilitation program, including a sheltered workshop. (i) Beginning on July 1, 2020, any individual who is an employee pursuant to Section 2775. This subdivision shall not apply retroactively. (Amended by Stats. 2023, Ch. 133, Sec. 1. (AB 1766) Effective January 1, 2024.)
  199. 3351.5.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employers, Employees, and Dependents [3300 - 3553] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Employees [3350 - 3371.1] ( Article 2 enacted by Stats. 1937, Ch. 90. )

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    This section defines several categories of “employee” for workers’ compensation purposes and requires the State Department of Rehabilitation to pay certain added insurance premium costs.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employers, Employees, and Dependents [3300 - 3553] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Employees [3350 - 3371.1] ( Article 2 enacted by Stats. 1937, Ch. 90. ) ## 3351.5. “Employee” includes: (a) Any person whose employment training is arranged by the State Department of Rehabilitation with any employer. Such person shall be deemed an employee of such employer for workers’ compensation purposes; provided that, the department shall bear the full amount of any additional workers’ compensation insurance premium expense incurred by the employer due to the provisions of this section. (b) Any person defined in subdivision (d) of Section 3351 who performs domestic service comprising in-home supportive services under Article 7 (commencing with Section 12300), Chapter 3, Part 3, Division 9 of the Welfare and Institutions Code. For purposes of Section 3352, such person shall be deemed an employee of the recipient of such services for workers’ compensation purposes if the state or county makes or provides for direct payment to such person or to the recipient of in-home supportive services for the purchase of services, subject to the provisions of Section 12302.2 of the Welfare and Institutions Code. (c) Any person while engaged by contract for the creation of a specially ordered or commissioned work of authorship in which the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire, as defined in Section 101 of Title 17 of the United States Code, and the ordering or commissioning party obtains ownership of all the rights comprised in the copyright in the work. (Amended by Stats. 1982, Ch. 1332, Sec. 1.)
  200. 3352.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employers, Employees, and Dependents [3300 - 3553] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Employees [3350 - 3371.1] ( Article 2 enacted by Stats. 1937, Ch. 90. )

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    This section excludes several categories of people from the definition of “employee” for workers’ compensation purposes.

    ## Labor Code - LAB ## DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] ( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) ## PART 1. SCOPE AND OPERATION [3200 - 4418] ( Part 1 enacted by Stats. 1937, Ch. 90. ) ## CHAPTER 2. Employers, Employees, and Dependents [3300 - 3553] ( Chapter 2 enacted by Stats. 1937, Ch. 90. ) ## ARTICLE 2. Employees [3350 - 3371.1] ( Article 2 enacted by Stats. 1937, Ch. 90. ) ## 3352. (a) “Employee,” excludes the following: (1) A person defined in subdivision (d) of Section 3351 who is employed by his or her parent, spouse, or child. (2) A person performing services in return for aid or sustenance only, received from any religious, charitable, or relief organization. (3) A person holding an appointment as deputy clerk or deputy sheriff appointed for his or her own convenience, and who does not receive compensation from the county or municipal corporation or from the citizens of that county or municipal corporation for his or her services as the deputy. This exclusion is operative only as to employment by the county or municipal corporation and does not deprive that person of recourse against a private person employing him or her for injury occurring in the course of, and arising out of, the employment. (4) A person performing voluntary services at or for a recreational camp, hut, or lodge operated by a nonprofit organization, exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code, of which he or she or a member of his or her family is a member and who does not receive compensation for those services, other than meals, lodging, or transportation. (5) A person performing voluntary service as a ski patrolman who does not receive compensation for those services, other than meals or lodging or the use of ski tow or ski lift facilities. (6) A person employed by a ski lift operator to work at a snow ski area who is relieved of, and is not performing any, prescribed duties, while participating in recreational activities on his or her own initiative. (7) A person, other than a regular employee, participating in sports or athletics who does not receive compensation for the participation other than the use of athletic equipment, uniforms, transportation, travel, meals, lodgings, or other expenses incidental thereto. (8) A person described in subdivision (d) of Section 3351 whose employment by the employer to be held liable, during the 90 calendar days immediately preceding the date of injury, for injuries as described in Section 5411, or during the 90 calendar days immediately preceding the date of the last employment in an occupation exposing the employee to the hazards of the disease or injury, for diseases or injuries as described in Section 5412, comes within either of the following descriptions: (A) The employment was, or was contracted to be, for less than 52 hours. (B) The employment was, or was contracted to be, for wages of not more than one hundred dollars ($100). (9) A person performing voluntary service for a public agency or a private, nonprofit organization who does not receive remuneration for the services, other than meals, transportation, lodging, or reimbursement for incidental expenses. (10) A person, other than a regular employee, performing officiating services relating to amateur sporting events sponsored by a public agency or private, nonprofit organization, who does not receive remuneration for these services, other than a stipend for each day of service no greater than the amount established by the Department of Human Resources as a per diem expense for employees or officers of the state. The stipend shall be presumed to cover incidental expenses involved in officiating, including, but not limited to, meals, transportation, lodging, rule books and courses, uniforms, and appropriate equipment. (11) A student participating as an athlete in amateur sporting events sponsored by a public agency or public or private nonprofit college, university, or school, who does not receive remuneration for the participation, other than the use of athletic equipment, uniforms, transportation, travel, meals, lodgings, scholarships, grants-in-aid, or other expenses incidental thereto. (12) A law enforcement officer who is regularly employed by a local or state law enforcement agency in an adjoining state and who is deputized to work under the supervision of a California peace officer pursuant to paragraph (4) of subdivision (a) of Section 832.6 of the Penal Code. (13) A law enforcement officer who is regularly employed by the Oregon State Police, the Nevada Department of Public Safety, or the Arizona Department of Public Safety and who is acting as a peace officer in this state pursuant to subdivision (a) of Section 830.39 of the Penal Code. (14) A person, other than a regular employee, performing services as a sports official for an entity sponsoring an intercollegiate or interscholastic sports event, or any person performing services as a sports official for a public agency, public entity, or a private nonprofit organization, which public agency, public entity, or private nonprofit organization sponsors an amateur sports event. For purposes of this subdivision, “sports official” includes an umpire, referee, judge, scorekeeper, timekeeper, or other person who is a neutral participant in a sports event. (15) A person who is an owner-builder, as defined in subdivision (a) of Section 50692 of the Health and Safety Code, who is participating in a mutual self-help housing program, as defined in Section 50087 of the Health and Safety Code, sponsored by a nonprofit corporation. (16) (A) (i) An officer or member of the board of directors, as described in subdivision (c) of Section 3351, if he or she owns at least 10 percent of the issued and outstanding stock of the corporation, or at least 1 percent of the issued and outstanding stock of the corporation if that officer’s or member’s parent, grandparent, sibling, spouse, or child owns at least 10 percent of the issued and outstanding stock of the corporation and that officer or member is covered by a health insurance policy or a health care service plan, and executes a written waiver of his or her rights under this chapter stating under penalty of perjury that the person is a qualifying officer or director. The waiver shall be effective upon the date of receipt and acceptance by the corporation’s insurance carrier. The insurance carrier, with the consent of the individual executing the waiver, may elect to backdate the acceptance of the waiver up to 15 days prior to the date of receipt of the waiver. The insurance carrier, insurance agent, or insurance broker is not required to investigate, verify, or confirm the accuracy of the facts contained in the waiver. There is a conclusive presumption that a person who executes a waiver pursuant to this subdivision is not covered by workers’ compensation benefits. (ii) A written waiver that is executed pursuant to this subparagraph, including, but not limited to, a written waiver that was executed prior to January 1, 2017, and is accepted by the insurance carrier on or before December 31, 2017, may be deemed to be accepted by the insurance carrier as of January 1, 2017. The written waiver shall remain in effect until the officer or member of the board of directors provides the corporation’s insurance carrier with a written withdrawal of the waiver. (B) Notwithstanding subparagraph (A), an officer or director of a private corporation who is the sole shareholder of the private corporation, unless the officer, director, or private corporation has elected to be subject to liability for workers’ compensation pursuant to subdivision (a) of Section 4151. (17) (A) An individual who is a general partner of a partnership or a managing member of a limited liability company who executes a written waiver of his or her rights under this chapter stating under penalty of perjury that the person is a qualifying general partner or managing member. The waiver shall be effective upon the date of receipt and acceptance by the partnership’s or limited liability company’s insurance carrier. The insurance carrier, with the consent of the individual executing the waiver, may elect to backdate the acceptance of the waiver up to 15 days prior to the date of receipt of the waiver. The insurance carrier, insurance agent, or insurance broker is not required to investigate, verify, or confirm the accuracy of the facts contained in the waiver. There is a conclusive presumption that a person who executes a waiver pursuant to this subdivision is not covered by workers’ compensation benefits. (B) A written waiver that is executed pursuant to this paragraph, including, but not limited to, a written waiver that was executed prior to January 1, 2017, and is accepted by the insurance carrier on or before December 31, 2017, may be deemed to be accepted by the insurance carrier as of January 1, 2017. The written waiver shall remain in effect until the general partner provides the partnership’s insurance carrier or the managing member provides the limited liability company’s insurance carrier with a written withdrawal of the waiver. (18) (A) (i) An owner of a professional corporation, as defined in Section 13401 of the Corporations Code, who is a practitioner rendering the professional services for which the professional corporation is organized and who executes a document, in writing and under penalty of perjury, both waiving his or her rights under this chapter and stating that he or she is covered by a health insurance policy or a health care service plan. The owner shall provide a copy of the waiver to all other owners of the professional corporation and the professional corporation shall keep a copy of the waiver on file. The waiver is effective upon the date of receipt and acceptance by the professional corporation’s insurance carrier. The insurance carrier, with the consent of the individual executing the waiver, may elect to backdate the acceptance of the waiver up to 15 days prior to the date of receipt of the waiver. The insurance carrier, insurance agent, or insurance broker is not required to investigate, verify, or confirm the accuracy of the facts contained in the waiver. There is a conclusive presumption that a person who executes a waiver pursuant to this subdivision is not covered by workers’ compensation benefits. (ii) A written waiver that is executed pursuant to this subparagraph and is accepted by the insurance carrier on or before December 31, 2017, may be deemed to be accepted by the insurance carrier as of January 1, 2017. The written waiver shall remain in effect until the owner provides the professional corporation’s insurance carrier with a written withdrawal of the waiver. (B) Notwithstanding subparagraph (A), an owner of a private professional corporation who is the sole shareholder of the private professional corporation, unless the owner or private professional corporation has elected to be subject to liability for workers’ compensation pursuant to subdivision (a) of Section 4151. (19) (A) (i) An officer or member of the board of directors of a cooperative corporation organized pursuant to the Cooperative Corporation Law, as set forth in Part 2 (commencing with Section 12200) of Division 3 of Title 1 of the Corporations Code, who executes a document, in writing and under penalty of perjury, both waiving his or her rights under this chapter and stating that he or she is covered by both a health care service plan or health insurance policy, and a disability insurance policy that is comparable in scope and coverage, as determined by the Insurance Commissioner, to a workers’ compensation policy. The officer or member of the board of directors shall provide a copy of the waiver to all other officers and members of the board of directors of the cooperative corporation, and the cooperative corporation shall keep a copy of the waiver on file. The waiver is effective upon the date of receipt and acceptance by the cooperative corporation’s insurance carrier. The insurance carrier, with the consent of the individual executing the waiver, may elect to backdate the acceptance of the waiver up to 15 days prior to the date of receipt of the waiver. The insurance carrier, insurance agent, or insurance broker is not required to investigate, verify, or confirm the accuracy of the facts contained in the waiver. There is a conclusive presumption that a person who executes a waiver pursuant to this subdivision is not covered by workers’ compensation benefits. (ii) A written waiver that is executed pursuant to this subparagraph and is accepted by the insurance carrier on or before December 31, 2017, may be deemed to be accepted by the insurance carrier as of January 1, 2017. The written waiver shall remain in effect until the officer or member of the board provides the cooperative corporation’s insurance carrier with a written withdrawal of the waiver. (B) Notwithstanding subparagraph (A), an officer or director of a private cooperative corporation who is the sole shareholder of the private cooperative corporation, unless the officer, director, or private cooperative corporation has elected to be subject to liability for workers’ compensation pursuant to subdivision (a) of Section 4151. (b) (1) This section shall become operative on July 1, 2018. (2) A policy or contract that is entered into or renewed in compliance with this section is subject to this section as it read on the date that the policy or contract was entered into or renewed. (Repealed (in Sec. 3) and added by Stats. 2017, Ch. 770, Sec. 4. (SB 189) Effective January 1, 2018. Section operative July 1, 2018, by its own provisions.)

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