Unemployment Insurance Code — Part 2 | UIC — United States — California law | Esheria

Unemployment Insurance Code

Part 2 of 6 · provisions 201–400

This section says the act is called the Unemployment Insurance Code and may be cited by that name.

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This section states that people claiming unemployment insurance benefits are expected to make all reasonable efforts to find work. This section says the unemployment insurance part is tied to a national unemployment and social security plan, and certain contribution and benefit provisions stop operating if the related federal tax-credit framework changes so credits are no longer available. This section says the Employment Training Panel should prioritize funding projects that best meet listed workforce-training goals. The panel may waive certain minimum wage requirements for specified training-funded workers if the trainee’s post-retention wage is higher than before and during training. This section defines key terms used in the Employment Training Panel chapter, including department, employer, eligible participant, job, new hire training, retraining, and related terms.

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Provisions of Unemployment Insurance Code

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  1. 1264.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Eligibility and Disqualifications [1251 - 1265.9] ( Heading of Article 1 amended by Stats. 1953, Ch. 1294. )

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    Unemployment benefits are generally not payable based on services performed by non-U.S. citizens or nationals unless specific lawful-presence or residence conditions are met.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Eligibility and Disqualifications [1251 - 1265.9] ( Heading of Article 1 amended by Stats. 1953, Ch. 1294. ) ## 1264. (a) (1) Unemployment compensation benefits, extended duration benefits, and federal-state extended benefits shall not be payable on the basis of services performed by a person who is not a citizen or national of the United States, unless that person is an individual who was lawfully admitted for permanent residence at the time the services were performed, was lawfully present for purposes of performing the services, or was permanently residing in the United States under color of law at the time the services were performed, including a person who was lawfully present in the United States as a result of the application of the provisions of Section 203(a)(7) or Section 212(d)(5) of the Immigration and Nationality Act. (2) For purposes of paragraph (1), and only to the extent authorized by federal law, a person who (A) is the subject of a notice of decision from the federal government granting deferred action under the federal Deferred Action for Childhood Arrivals program announced by the United States Secretary of Homeland Security on June 15, 2012, and (B) performed the services while in receipt of a valid employment authorization from the federal government, is a person who was lawfully present for purposes of performing those services. (b) Any data or information required of individuals applying for benefits specified by subdivision (a) to determine whether these benefits are not payable to them because of their federal immigration status shall be uniformly required from all applicants for these benefits. (c) In the case of an individual whose application for benefits specified by subdivision (a) would otherwise be approved, no determination by the department, an administrative law judge, or the appeals board that these benefits to the individual are not payable because of the individual’s federal immigration status shall be made except upon a preponderance of the evidence. (d) If a person who is not a citizen or national of the United States presents evidence that the Immigration and Naturalization Service has granted the person employment authorization as a result of an application for temporary residence status under the federal Immigration Reform and Control Act of 1986 (Public Law 99-603), pending a final determination on this application the department shall not do either of the following: (1) Commence or continue to pursue any administrative or judicial action to collect benefits where there has been a final determination that these benefits have been overpaid or chargeable to the person, because of the person’s immigration status at the time they performed the services compensated by their base period wages. (2) Determine that the person was overpaid benefits in the current benefit year or in any prior benefit year, if the basis for the determination is the assumption that because the person is an applicant for temporary resident status they were not, while performing the services compensated by base period wages, lawfully admitted for permanent residence, lawfully present for purposes of performing the services that were compensated by their base period wages, or permanently residing in the United States under color of law. (e) If the Immigration and Naturalization Service grants the application and adjusts the person’s status to that of lawful temporary resident, the department shall not take any action described in paragraph (1) of subdivision (d) or make any determination described in paragraph (2) of subdivision (d). If a person is not lawfully admitted for permanent residence, lawfully present for the purpose of performing the services compensated by their base period wages, or permanently residing in the United States under color of law, at the time the person’s lawful temporary permanent status terminates, then compensation shall not be payable on the basis of services performed by the person after the termination. (f) Nothing in subdivision (d) shall be construed to require the department to do any of the following: (1) Repay any amounts collected under any present or past action as described in paragraph (1) of subdivision (d). (2) Redetermine the eligibility for unemployment compensation benefits of any person who the department originally determined to be ineligible because of the person’s federal immigration status at the time they performed the services compensated by their base period wages and with respect to whom the determination has become final. (3) Apply subdivision (d) or (e) retroactively. (g) If the United States Secretary of Labor finds that subdivisions (d) and (e) are not in conformity with the federal Unemployment Tax Act, and effective as of the date that this finding becomes final, subdivisions (d), (e), and (f) shall be inoperative and of no legal force or effect. (h) Unless subdivisions (d), (e), and (f) have earlier become inoperative and of no legal force or effect pursuant to a finding by the Secretary of Labor under subdivision (g), subdivisions (d), (e), (f), and (g) shall remain in effect only until September 30, 1990, and as of that date shall become inoperative, unless a later enacted statute which is chaptered before September 30, 1990, deletes or extends that date. Notwithstanding this subdivision, however, the department shall not take any action to collect benefits from an individual when the collection against that individual was suspended pursuant to subdivision (e) prior to September 30, 1990. (Amended by Stats. 2021, Ch. 296, Sec. 59. (AB 1096) Effective January 1, 2022.)
  2. 1265.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Eligibility and Disqualifications [1251 - 1265.9] ( Heading of Article 1 amended by Stats. 1953, Ch. 1294. )

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    Payments from an employer plan that supplements unemployment benefits are not treated as wages or personal-service compensation, and unemployment benefits cannot be denied or reduced because of those payments.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Eligibility and Disqualifications [1251 - 1265.9] ( Heading of Article 1 amended by Stats. 1953, Ch. 1294. ) ## 1265. Notwithstanding any other provisions of this division, payments to an individual under a plan or system established by an employer which makes provisions for his employees generally, or for a class or group of his employees, for the purpose of supplementing unemployment compensation benefits shall not be construed to be wages or compensation for personal services under this division and benefits payable under this division shall not be denied or reduced because of the receipt of payments under such arrangements or plans. This amendment is hereby declared to be merely a clarification of the original intention of the Legislature and is not a substantive change, and is in conformity with the existing administrative interpretation of the law. (Added by Stats. 1959, Ch. 1077.)
  3. 1265.1.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Eligibility and Disqualifications [1251 - 1265.9] ( Heading of Article 1 amended by Stats. 1953, Ch. 1294. )

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    Payments tied to an employer’s failure to give required WARN notice are not to be treated as wages, and unemployment benefits may not be denied or reduced because of those payments.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Eligibility and Disqualifications [1251 - 1265.9] ( Heading of Article 1 amended by Stats. 1953, Ch. 1294. ) ## 1265.1. (a) Notwithstanding any other provision of this division, payments to an individual by an employer who has failed to provide the advance notice of facility closure required by the federal Worker Adjustment and Retraining Notification (WARN) Act (29 U.S.C. Sec. 2101 et seq.) or Chapter 4 (commencing with Section 1400) of Part 4 of Division 2 of the Labor Code may not be construed to be wages or compensation for personal services under this division. (b) Benefits payable under this division may not be denied or reduced because of the receipt of payments related in any way to an employer’s violation of the WARN Act or Chapter 4 (commencing with Section 1400) of Part 4 of Division 2 of the Labor Code. (Amended by Stats. 2004, Ch. 776, Sec. 1. Effective January 1, 2005.)
  4. 1265.5.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Eligibility and Disqualifications [1251 - 1265.9] ( Heading of Article 1 amended by Stats. 1953, Ch. 1294. )

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    Vacation pay earned but unpaid before termination is not treated as wages, and unemployment benefits cannot be denied or reduced because of it.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Eligibility and Disqualifications [1251 - 1265.9] ( Heading of Article 1 amended by Stats. 1953, Ch. 1294. ) ## 1265.5. Notwithstanding any other provision of this division, payments to an individual for vacation pay which was earned but not paid for services performed prior to termination of employment shall not be construed to be wages or compensation for personal services under this division and benefits payable under this division shall not be denied or reduced because of the receipt of these payments. (Amended by Stats. 1991, Ch. 1134, Sec. 1.)
  5. 1265.6.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Eligibility and Disqualifications [1251 - 1265.9] ( Heading of Article 1 amended by Stats. 1953, Ch. 1294. )

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    Holiday pay is treated as wages in certain weeks, but some holiday pay paid after an indefinite layoff, termination, or disability-related unemployment cannot be used to deny or reduce benefits.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Eligibility and Disqualifications [1251 - 1265.9] ( Heading of Article 1 amended by Stats. 1953, Ch. 1294. ) ## 1265.6. Notwithstanding any other provision of this division, payments to an individual for holiday pay for any holiday occurring in a week during which the individual was unemployed shall be deemed wages received for the week in which the individual returns to work, if holiday pay is not paid until the individual returns to work from a definite period of layoff. Payments to an individual for holiday pay for any holiday occurring in a week during which the individual was unemployed shall be deemed wages received for the week in which the holiday falls, if holiday pay is paid prior to the individual’s return to work from a definite period of layoff. However, payments to an individual for holiday pay which was earned but not paid prior to an indefinite layoff, or termination of employment, or commencement of unemployment caused by disability, as the case may be, shall not be construed to be wages or compensation for personal services under this division and benefits payable under this division shall not be denied or reduced because of the receipt of these payments. (Amended by Stats. 1987, Ch. 929, Sec. 3.)
  6. 1265.7.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Eligibility and Disqualifications [1251 - 1265.9] ( Heading of Article 1 amended by Stats. 1953, Ch. 1294. )

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    Sick pay earned but unpaid before employment ends is not treated as wages or personal-service compensation under this division, and benefits cannot be denied or reduced just because the person receives that sick-pay payment.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Eligibility and Disqualifications [1251 - 1265.9] ( Heading of Article 1 amended by Stats. 1953, Ch. 1294. ) ## 1265.7. Notwithstanding any other provision of this division, payments to an individual for sick pay which was earned but not paid for services performed prior to termination of employment, shall not be construed to be wages or compensation for personal services under this division and benefits payable under this division shall not be denied or reduced because of the receipt of such payments. (Added by Stats. 1976, Ch. 1054.)
  7. 1265.9.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Eligibility and Disqualifications [1251 - 1265.9] ( Heading of Article 1 amended by Stats. 1953, Ch. 1294. )

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    Severance or terminal pay tied to certain redwood park layoffs is not treated as wages, and unemployment benefits may not be denied or reduced because of that payment.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1. Eligibility and Disqualifications [1251 - 1265.9] ( Heading of Article 1 amended by Stats. 1953, Ch. 1294. ) ## 1265.9. Notwithstanding any other provision of this division, payments for severance pay or terminal pay to an individual who is terminated from his or her employment as a direct result of the expansion of a federal redwood park in northern California by reason of legislation enacted by Congress in 1977 or 1978, shall not be construed to be wages or compensation for personal services under this division, and benefits payable under this division shall not be denied or reduced because of the receipt of such payment. (Added by renumbering Section 1265.7 (as added by Stats. 1977, Ch. 1156) by Stats. 1979, Ch. 373.)
  8. 1266.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1.5. California Training Benefits Program [1266 - 1274.20] ( Heading of Article 1.5 amended by Stats. 2010, Ch. 591, Sec. 1. )

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    This article may be cited as the California Training Benefits Program.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1.5. California Training Benefits Program [1266 - 1274.20] ( Heading of Article 1.5 amended by Stats. 2010, Ch. 591, Sec. 1. ) ## 1266. This article shall be known, and may be cited, as the California Training Benefits Program. (Amended by Stats. 2010, Ch. 591, Sec. 2. (AB 2058) Effective January 1, 2011. Operative on date (no later than July 1, 2011) prescribed in Section 1274.20.)
  9. 1266.1.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1.5. California Training Benefits Program [1266 - 1274.20] ( Heading of Article 1.5 amended by Stats. 2010, Ch. 591, Sec. 1. )

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    California policy is to help people with reduced job competitiveness by providing unemployment and related federally funded benefits while they retrain for in-demand jobs.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1.5. California Training Benefits Program [1266 - 1274.20] ( Heading of Article 1.5 amended by Stats. 2010, Ch. 591, Sec. 1. ) ## 1266.1. Experience has shown that the ability of a large number of the population of California to compete for jobs in the labor market is impaired by advancement in technological improvements, the widespread effects of automation and relocation in our economy, and foreign competition as set forth in petitions certified under the federal Trade Act of 1974, as amended (Title 19, United States Code, Sections 2101 et seq.). The Legislature finds that many individuals in California are lacking in skills that would make them competitive in the labor market. They are in need of training or retraining to upgrade their skills required in demand occupations. It is the policy of this state to assist these individuals by providing unemployment compensation benefits, extended duration benefits, and other federally funded unemployment compensation benefits, including those available under the federal Trade Act of 1974 (Public Law 93-618), as amended by the federal Trade Act of 2002 (Public Law 107-210), during a period of retraining to qualify them for jobs in demand occupations and thus avoid long-term unemployment. (Added by Stats. 2010, Ch. 591, Sec. 3. (AB 2058) Effective January 1, 2011. Operative on date (no later than July 1, 2011) prescribed in Section 1274.20.)
  10. 1267.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1.5. California Training Benefits Program [1266 - 1274.20] ( Heading of Article 1.5 amended by Stats. 2010, Ch. 591, Sec. 1. )

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    An otherwise eligible unemployed individual cannot be denied benefits for weeks spent in eligible training or retraining, including certain holiday or semester breaks.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1.5. California Training Benefits Program [1266 - 1274.20] ( Heading of Article 1.5 amended by Stats. 2010, Ch. 591, Sec. 1. ) ## 1267. Notwithstanding any other provision of this division, with respect to an unemployed individual otherwise eligible for benefits, those benefits shall not be denied to an individual for any week because he or she is in eligible training or retraining, as described in Section 1269 or 1269.1, or because of the application to any such week in training or retraining of any law of this state relating to availability for work, active search for work, refusal to accept work, or for leaving his or her most recent work, if continuing the most recent work would require the individual to terminate his or her training or retraining course of instruction. The individual is considered to be in training or retraining during regularly scheduled vacation or recess periods, such as Christmas and Thanksgiving holidays, or semester breaks, but not during a summer vacation period. As used in this article, “individual” includes an exhaustee as defined in Section 3503, and any individual claiming federal-state extended benefits under Part 4 (commencing with Section 4001), and anyone receiving federally funded unemployment compensation benefits. (Amended by Stats. 2010, Ch. 591, Sec. 4. (AB 2058) Effective January 1, 2011. Operative on date (no later than July 1, 2011) prescribed in Section 1274.20.)
  11. 1268.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1.5. California Training Benefits Program [1266 - 1274.20] ( Heading of Article 1.5 amended by Stats. 2010, Ch. 591, Sec. 1. )

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    An unemployed individual who has filed certain unemployment-related claims may apply to the department for a determination of potential eligibility for benefits while in training or retraining.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1.5. California Training Benefits Program [1266 - 1274.20] ( Heading of Article 1.5 amended by Stats. 2010, Ch. 591, Sec. 1. ) ## 1268. An unemployed individual who files a claim for unemployment compensation benefits or extended duration benefits, or an application for federal-state extended benefits or any federally funded unemployment compensation benefits, may apply to the department for a determination of potential eligibility for benefits during a period of training or retraining. (Added by renumbering Section 1274.2 by Stats. 1984, Ch. 1211, Sec. 5.)
  12. 1269.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1.5. California Training Benefits Program [1266 - 1274.20] ( Heading of Article 1.5 amended by Stats. 2010, Ch. 591, Sec. 1. )

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    The director must issue automatic eligibility determinations for unemployment training benefits when one of the listed conditions is met.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1.5. California Training Benefits Program [1266 - 1274.20] ( Heading of Article 1.5 amended by Stats. 2010, Ch. 591, Sec. 1. ) ## 1269. A determination of automatic eligibility for benefits under this article shall be issued to an unemployed individual if the director finds that any of the following applies: (a) The training is authorized by the federal Workforce Innovation and Opportunity Act (Public Law 113-128) or by the Employment Training Panel established pursuant to Chapter 3.5 (commencing with Section 10200) of Part 1 of Division 3. (b) The training is authorized by the federal Trade Act of 1974 (19 U.S.C. Sec. 2101 et seq.), as amended, pursuant to a certified petition. (c) The individual is a participant in the California Work Opportunity and Responsibility to Kids (CalWORKs) program pursuant to Article 3.2 (commencing with Section 11320) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code, and has entered into a contract with the county welfare department to participate in an education or training program. (d) (1) The individual is a participant in training with a provider that is certified and on the state’s Eligible Training Provider List (ETPL), as authorized by the federal Workforce Innovation and Opportunity Act (Public Law 113-128), or the individual is a permanent or probationary public school teacher who is a participant in a credential preparation program or training program approved or accredited by the Commission on Teacher Credentialing for additional certification in math, science, or special education, for kindergarten and grades 1 to 12, inclusive, and was laid off. The credential preparation program or training program shall only be approved if a permanent or probationary public school teacher enrolls in the training within three years of being laid off from the public school employer. (2) The changes made to this subdivision by Chapter 278 of the Statutes of 2012, shall become operative on January 1, 2014. (e) The individual is a journey level member of a union or trade association, or is a participant in training sponsored by an employer, and the training or retraining course of instruction is industry-related training necessary due to changes in technology, or industry demands, or is necessary to retain employment or to become more competitive in obtaining employment, or the individual is a participant in a state or federally approved apprenticeship program. (Amended by Stats. 2015, Ch. 224, Sec. 1. (AB 1514) Effective January 1, 2016.)
  13. 1269.1.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1.5. California Training Benefits Program [1266 - 1274.20] ( Heading of Article 1.5 amended by Stats. 2010, Ch. 591, Sec. 1. )

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    This section requires the director to issue a potential eligibility determination for training benefits when specified conditions are met, and it lets the director find an unemployed individual eligible for training benefits in certain cases involving federal extended unemployment insurance benefits and approved education or training programs.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1.5. California Training Benefits Program [1266 - 1274.20] ( Heading of Article 1.5 amended by Stats. 2010, Ch. 591, Sec. 1. ) ## 1269.1. If the training is not authorized under Section 1269, a determination of potential eligibility for benefits under this article shall be issued to an unemployed individual if the director finds that all of the following apply: (a) The individual has been unemployed for four or more continuous weeks, or the individual is unemployed and unlikely to return to his or her most recent workplace because work opportunities in the individual’s job classification are impaired by a plant closure or a substantial reduction in employment at the individual’s most recent workplace, by advancement in technological improvements, by the effects of automation and relocation in the economy, or because of mental or physical disability that prohibits the individual from utilizing existing occupational skills. (b) One of the substantial causes of the individual’s unemployment is a lack of sufficient current demand in the individual’s labor market area for the occupational skills for which the individual is fitted by training and experience or current physical or mental capacity, and that the lack of employment opportunities is expected to continue for an extended period of time, or, if the individual’s occupation is one for which there is a seasonal variation in demand in the labor market and the individual has no other skill for which there is current demand. (c) The training or retraining course of instruction relates to an occupation or skill for which there are, or are expected to be in the immediate future, reasonable employment opportunities in the labor market area in this state in which the individual intends to seek work and there is not a substantial surplus of workers with requisite skills in the occupation in that area. (d) The training or retraining course of instruction is one approved by the director and can be completed within a reasonable period of time. (e) The training or retraining course is a full-time course prescribed for the primary purpose of training the applicant in skills that will allow him or her to obtain employment in a demand occupation. (f) The individual can be reasonably expected to complete the training or retraining successfully. (g) The beginning date of training is more than three years after the beginning date of training last approved for the individual under this subdivision. (h) (1) If a determination of potential eligibility for benefits is issued under this section, except under subdivision (c), and when federal extended unemployment insurance benefits are in effect, the director may find that an unemployed individual is eligible for training benefits if the individual is enrolled in a community college or other accredited postsecondary education program with the purpose of preparing the applicant in academic or job skills, including remedial training, that will increase employment opportunities or that leads to an industry-recognized credential or certificate designed for a specific occupation. If an individual is approved for training benefits under this subdivision and the federal extended unemployment insurance benefits are subsequently no longer in effect, the individual shall remain eligible as long as he or she is attending the training and is meeting the provisions of this article. (2) For purposes of this section, the following terms have the following meanings: (A) “Accredited” means an institution recognized or approved by an accrediting agency recognized by the United States Department of Education. (B) “Accrediting agency” is an agency recognized by the United States Department of Education. (Added by Stats. 2010, Ch. 591, Sec. 6. (AB 2058) Effective January 1, 2011. Operative on date (no later than July 1, 2011) prescribed in Section 1274.20.)
  14. 127.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 1. General Provisions [100 - 144] ( Chapter 1 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. General Definitions [125 - 144] ( Article 2 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    This section defines “authorized regulations” and says “regulation” includes the amendment or repeal of a regulation.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 1. General Provisions [100 - 144] ( Chapter 1 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. General Definitions [125 - 144] ( Article 2 enacted by Stats. 1953, Ch. 308. ) ## 127. “Authorized regulations” means regulations promulgated pursuant to the provisions of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, as modified by the provisions of this division, and “regulation” includes the amendment or repeal of a regulation. (Amended by Stats. 1984, Ch. 193, Sec. 141.)
  15. 1270.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1.5. California Training Benefits Program [1266 - 1274.20] ( Heading of Article 1.5 amended by Stats. 2010, Ch. 591, Sec. 1. )

    Verify source ↗

    This section defines “demand occupation” and “labor market area” for the article.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1.5. California Training Benefits Program [1266 - 1274.20] ( Heading of Article 1.5 amended by Stats. 2010, Ch. 591, Sec. 1. ) ## 1270. As used in this article: (a) “Demand occupation” means an occupation in a labor market area in which the director determines work opportunities are available and there is not a surplus of qualified applicants. (b) “Labor market area” means a county, or aggregation of counties designated by the department that meets criteria of population, population density, commute patterns, and social and economic integration specified by the department. (Amended by Stats. 1992, Ch. 577, Sec. 2. Effective January 1, 1993.)
  16. 1271.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1.5. California Training Benefits Program [1266 - 1274.20] ( Heading of Article 1.5 amended by Stats. 2010, Ch. 591, Sec. 1. )

    Verify source ↗

    Some unemployed claimants may get a training extension on their unemployment compensation claim if they apply by the 16th week and are found eligible, but the extension amount is reduced by specified benefits.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1.5. California Training Benefits Program [1266 - 1274.20] ( Heading of Article 1.5 amended by Stats. 2010, Ch. 591, Sec. 1. ) ## 1271. (a) Any unemployed individual receiving unemployment compensation benefits payable under this division, who applies for a determination of potential eligibility for benefits under this article no later than the 16th week of his or her receiving these benefits, and is determined eligible for benefits under this article, is entitled to a training extension on his or her unemployment compensation claim, if necessary, to complete approved training. (b) The training extension shall provide the claimant with a maximum of 52 times the weekly benefit of the parent unemployment compensation claim, which shall be reduced by all of the following: (1) The maximum benefit award on the parent unemployment compensation claim. (2) Benefits payable during the period of approved training on any other unemployment compensation claim filed pursuant to this chapter, to the extent permitted by law. (3) Benefits payable during the period of approved training under any state or federal unemployment compensation law, to the extent permitted by state or federal law, including, but not limited to, all of the following: (A) Extended unemployment compensation benefits payable under Part 3 (commencing with Section 3501). (B) Federal-state extended compensation benefits payable under Part 4 (commencing with Section 4001). (C) Trade readjustment allowance benefits payable under the federal Trade Act of 1974 (19 U.S.C. Sec. 2101 et seq.), as amended. (c) The parent unemployment compensation claim shall be the unemployment compensation claim in existence at the time the claimant is determined eligible for benefits pursuant to subdivision (a). (d) Benefits payable under this section are subject to the following limitations: (1) The individual shall remain eligible for benefits under this article for all weeks potentially payable under this section. (2) The individual shall file any unemployment compensation claim to which he or she becomes entitled under state or federal law, and shall draw any unemployment compensation benefits on that claim until it has expired or has been exhausted, in order to maintain his or her eligibility under this article. (Amended by Stats. 2015, Ch. 224, Sec. 2. (AB 1514) Effective January 1, 2016.)
  17. 1271.5.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1.5. California Training Benefits Program [1266 - 1274.20] ( Heading of Article 1.5 amended by Stats. 2010, Ch. 591, Sec. 1. )

    Verify source ↗

    The department must inform unemployment compensation claimants about benefits available under this article and Section 1271, and make that information available by multiple channels and on its website.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1.5. California Training Benefits Program [1266 - 1274.20] ( Heading of Article 1.5 amended by Stats. 2010, Ch. 591, Sec. 1. ) ## 1271.5. (a) The department shall inform all individuals who claim unemployment compensation benefits in this state of the benefits potentially available under this article and Section 1271. The department shall convey this information verbally, in written form, or online. If in written form, the department may utilize publications or handbooks that inform individuals of their rights and duties in regard to unemployment compensation benefits. These publications, issued by the department pursuant to authorized regulations, may be used to satisfy the requirements of this section. Information required by this section shall be made available on the department’s Internet Web site in close proximity to information on unemployment compensation claim forms. (b) Benefits paid under Section 1271 shall be charged to individual employer reserve accounts, consistent with the provisions of this code. (Amended by Stats. 2010, Ch. 591, Sec. 7. (AB 2058) Effective January 1, 2011. Operative on date (no later than July 1, 2011) prescribed in Section 1274.20.)
  18. 1272.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1.5. California Training Benefits Program [1266 - 1274.20] ( Heading of Article 1.5 amended by Stats. 2010, Ch. 591, Sec. 1. )

    Verify source ↗

    An unemployed person who is able to work may receive training-benefit payments for a week of training or retraining only if the director finds they are potentially eligible and they file the required certification.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1.5. California Training Benefits Program [1266 - 1274.20] ( Heading of Article 1.5 amended by Stats. 2010, Ch. 591, Sec. 1. ) ## 1272. Notwithstanding subdivision (c) of Section 1253, an unemployed individual who is able to work is eligible to receive benefits under this article with respect to any week during a period of training or retraining only if the director finds both of the following: (a) He or she has been determined potentially eligible under Section 1269, 1269.1, or 1271. (b) He or she submits a certification, as prescribed by the Employment Development Department through regulations, certifying that he or she is enrolled in and satisfactorily pursuing the training or retraining course of instruction. (Amended by Stats. 2015, Ch. 224, Sec. 3. (AB 1514) Effective January 1, 2016.)
  19. 1272.5.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1.5. California Training Benefits Program [1266 - 1274.20] ( Heading of Article 1.5 amended by Stats. 2010, Ch. 591, Sec. 1. )

    Verify source ↗

    An individual who does not file the required weekly certification during training or retraining is ineligible for benefits for that week.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1.5. California Training Benefits Program [1266 - 1274.20] ( Heading of Article 1.5 amended by Stats. 2010, Ch. 591, Sec. 1. ) ## 1272.5. If an individual fails to submit for any week during a period of training or retraining the certification required by Section 1272, he or she shall be ineligible to receive any benefits for that week. This section shall not render an individual ineligible for benefits for any week during the period of training or retraining if on or before Monday of that week he or she notifies the department that his or her training or retraining course of instruction has been or is being discontinued or terminated prior to that week. (Added by renumbering Section 1274.7 by Stats. 1984, Ch. 1211, Sec. 10.)
  20. 1274.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1.5. California Training Benefits Program [1266 - 1274.20] ( Heading of Article 1.5 amended by Stats. 2010, Ch. 591, Sec. 1. )

    Verify source ↗

    The director may publish a list of high demand occupations for each labor market area in the state, and may identify the industry if a demand occupation is limited to a particular industry.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1.5. California Training Benefits Program [1266 - 1274.20] ( Heading of Article 1.5 amended by Stats. 2010, Ch. 591, Sec. 1. ) ## 1274. The director may publish a list of high demand occupations in each labor market area of this state. If a demand occupation is limited to a particular industry, the director may identify the industry of the demand occupation. (Added by renumbering Section 1274.5 by Stats. 1987, Ch. 956, Sec. 5. Effective September 22, 1987.)
  21. 1274.20.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1.5. California Training Benefits Program [1266 - 1274.20] ( Heading of Article 1.5 amended by Stats. 2010, Ch. 591, Sec. 1. )

    Verify source ↗

    The amendments to this article were set to take effect on January 1, 2011, unless the department found that date infeasible.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1.5. California Training Benefits Program [1266 - 1274.20] ( Heading of Article 1.5 amended by Stats. 2010, Ch. 591, Sec. 1. ) ## 1274.20. The amendments to this article proposed by Assembly Bill 2058 of the 2009–10 Regular Session shall be effective commencing January 1, 2011, unless the department determines that implementation by that date is not feasible, in which case the department shall implement the amendments provided by that measure no later than July 1, 2011. (Added by Stats. 2010, Ch. 591, Sec. 10. (AB 2058) Effective January 1, 2011.)
  22. 1274.5.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1.5. California Training Benefits Program [1266 - 1274.20] ( Heading of Article 1.5 amended by Stats. 2010, Ch. 591, Sec. 1. )

    Verify source ↗

    The department must prepare and submit a report on the California Training Benefits Program to the Governor and the Legislature by September 1, 2016.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 1.5. California Training Benefits Program [1266 - 1274.20] ( Heading of Article 1.5 amended by Stats. 2010, Ch. 591, Sec. 1. ) ## 1274.5. Not later than September 1, 2016, the department shall prepare and submit to the Governor and the Legislature a report evaluating the effectiveness of the California Training Benefits Program required to be implemented pursuant to this article. The report shall include, at a minimum, all of the following data for calendar years 2007 through 2014, inclusive: (a) The number of individuals determined to be eligible for the program as of December 31, 2015. (b) The number of individuals determined to be eligible for the program under each subdivision of Section 1269. (c) The number of individuals determined to be eligible for the program under Section 1269.1. (d) The number of individuals who participated in the program and earned subsequent wages in the following calendar year. (e) Recommendations to improve the effectiveness and efficiency of the program. (Added by Stats. 2010, Ch. 591, Sec. 9. (AB 2058) Effective January 1, 2011. Operative on date (no later than July 1, 2011) prescribed in Section 1274.20.)
  23. 1275.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. Computation (Amount and Duration) [1275 - 1282] ( Article 2 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    Unemployment benefit award computations must use wages from the base period, and the section defines the base period for different benefit-year start months.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. Computation (Amount and Duration) [1275 - 1282] ( Article 2 enacted by Stats. 1953, Ch. 308. ) ## 1275. (a) Unemployment compensation benefit award computations shall be based on wages paid in the base period. “Base period” means: for benefit years beginning in October, November, or December, the four calendar quarters ended in the next preceding month of June; for benefit years beginning in January, February, or March, the four calendar quarters ended in the next preceding month of September; for benefit years beginning in April, May, or June, the four calendar quarters ended in the next preceding month of December; for benefit years beginning in July, August, or September, the four calendar quarters ended with the next preceding month of March. Wages used in the determination of benefits payable to an individual during any benefit year may not be used in determining that individual’s benefits in any subsequent benefit year. (b) For any new claim filed on or after April 2, 2012, or earlier if the department implements the technical changes necessary to establish claims under the alternate base period, as specified in subdivision (c), if an individual cannot establish a claim under subdivision (a), then “base period” means: for benefit years beginning in October, November, or December, the four calendar quarters ended in the next preceding month of September; for benefit years beginning in January, February, or March, the four calendar quarters ended in the next preceding month of December; for benefit years beginning in April, May, or June, the four calendar quarters ended in the next preceding month of March; for benefit years beginning in July, August, or September, the four calendar quarters ended in the next preceding month of June. As provided in Section 1280, the quarter with the highest wages shall be used to determine the individual’s weekly benefit amount. Wages used in the determination of benefits payable to an individual during any benefit year may not be used in determining that individual’s benefits in any subsequent benefit year. (c) The department shall implement the technical changes necessary to establish claims under the alternate base period specified in subdivision (b) as soon as possible, but no later than April 2, 2012. (Amended by Stats. 2011, Ch. 31, Sec. 15. (AB 119) Effective June 29, 2011.)
  24. 1276.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. Computation (Amount and Duration) [1275 - 1282] ( Article 2 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    This section defines “benefit year” and “valid claim” for unemployment benefits.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. Computation (Amount and Duration) [1275 - 1282] ( Article 2 enacted by Stats. 1953, Ch. 308. ) ## 1276. “Benefit year”, with respect to any individual, means the 52-week period beginning with the first day of the week with respect to which the individual first files a valid claim for benefits and thereafter the 52-week period beginning with the week in which such individual again files a valid claim after the termination of his or her last preceding benefit year. As used in this section, “valid claim” means any claim for benefits made in accordance with this division and authorized regulations if the individual filing the claim is unemployed and has met the requirements of subdivision (a) of Section 1281. For the purpose of determining whether a claim is a “valid claim” within the meaning of this section, an individual otherwise unemployed shall be deemed unemployed even though wages, as defined in Section 1252, which are for a period subsequent to the termination of performance of services are payable with respect to the week for which he or she files the claim. (Amended by Stats. 1979, Ch. 1053.)
  25. 1277.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. Computation (Amount and Duration) [1275 - 1282] ( Article 2 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    A new unemployment claim using certain earlier-paid base-period wages is only valid if, within 52 weeks of the previous valid claim’s effective date, the individual either worked and met Section 1281 wage requirements or did not receive benefits and was disabled with qualifying wage-loss benefits.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. Computation (Amount and Duration) [1275 - 1282] ( Article 2 enacted by Stats. 1953, Ch. 308. ) ## 1277. Notwithstanding Section 1281, if the base period of a new claim includes wages which were paid prior to the effective date of, and not used in the computation of the award for, a previous valid claim, the new claim shall only be valid if, during the 52-week period beginning with the effective date of the previous valid claim, either of the following applies: (a) The individual earned or was paid sufficient wages to meet the eligibility requirements of subdivision (a) of Section 1281 and performed some work. (b) The individual did not receive benefits under this part, and was disabled and was entitled to receive, wage loss benefits under Part 2 (commencing with Section 2601) of this division or under Division 4 (commencing with Section 3201) of the Labor Code, or under any workers’ compensation law, employer’s liability law, or disability insurance law of any other state or of the federal government. For the purpose of this section only, the term “wages” includes any and all compensation for personal services performed as an employee for the purpose of meeting the eligibility requirements under subdivision (a) of Section 1281. This section is not applicable to the computation of an award for disability benefits. (Amended by Stats. 1990, Ch. 787, Sec. 1.)
  26. 1277.1.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. Computation (Amount and Duration) [1275 - 1282] ( Article 2 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    A subsequent new unemployment claim is only valid if, within 52 weeks after the prior claim’s effective date, the individual either earned enough wages and worked some, or did not receive benefits and was disabled while entitled to certain wage loss benefits.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. Computation (Amount and Duration) [1275 - 1282] ( Article 2 enacted by Stats. 1953, Ch. 308. ) ## 1277.1. (a) Notwithstanding Section 1277, if an individual has a subsequent new claim and the previous valid claim was filed under subdivision (b) of Section 1275, the new claim shall only be valid if, during the 52-week period beginning with the effective date of the previous claim, either of the following applies: (1) The individual earned or was paid sufficient wages to meet eligibility requirements of subdivision (a) of Section 1281 and performed some work. (2) The individual did not receive benefits under this part and was disabled and was entitled to receive wage loss benefits under Part 2 (commencing with Section 2601) or under Division 4 (commencing with Section 3200) of the Labor Code, under any workers’ compensation law, under employer’s liability law, or under any disability insurance law of any other state or the federal government. (b) For purposes of this section, “wages” includes any and all compensation for personal services performed as an employee for the purpose of meeting the eligibility requirements of subdivision (a) of Section 1281. This subdivision is not applicable to the computation of an award for disability benefits. (Added by Stats. 2009, 3rd Ex. Sess., Ch. 23, Sec. 3. (AB 29 3x) Effective January 25, 2010.)
  27. 1277.5.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. Computation (Amount and Duration) [1275 - 1282] ( Article 2 enacted by Stats. 1953, Ch. 308. )

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    For new claim validity, double certain prior benefit amounts count as wages for eligibility, but not for calculating weekly benefit or maximum payable amounts.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. Computation (Amount and Duration) [1275 - 1282] ( Article 2 enacted by Stats. 1953, Ch. 308. ) ## 1277.5. In determining, under Sections 1277 and 1277.1, whether a new claim is valid, twice the amount that an individual was entitled to receive under Part 2 (commencing with Section 2601) of this division or under Division 4 (commencing with Section 3200) of the Labor Code, or under any workers’ compensation law, employer’s liability law, or disability insurance law of any other state or of the federal government, during the 52-week period beginning with the effective date of the previous valid claim, shall be considered as wages earned or paid to the individual during that 52-week period for purposes of meeting the eligibility requirements of subdivision (a) of Section 1281. The amounts so included shall not be considered wages for the purpose of computing the weekly benefit amount of the individual under Section 1280 or the maximum amount payable to the individual under Section 1281. (Amended by Stats. 2009, 3rd Ex. Sess., Ch. 23, Sec. 4. (AB 29 3x) Effective January 25, 2010.)
  28. 1278.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. Computation (Amount and Duration) [1275 - 1282] ( Article 2 enacted by Stats. 1953, Ch. 308. )

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    Wages count as wages for employment for employers for benefit purposes only when the benefit year starts after the employer has met the division’s conditions for being an employer.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. Computation (Amount and Duration) [1275 - 1282] ( Article 2 enacted by Stats. 1953, Ch. 308. ) ## 1278. For the purposes of this chapter, wages shall be counted as “wages for employment for employers” for benefit purposes with respect to any benefit year only if the benefit year begins subsequent to the date on which the employer from whom the wages were earned has satisfied the conditions of this division with respect to being an employer. (Enacted by Stats. 1953, Ch. 308.)
  29. 1279.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. Computation (Amount and Duration) [1275 - 1282] ( Article 2 enacted by Stats. 1953, Ch. 308. )

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    Weekly unemployment benefits are reduced by certain earnings and rounded up to the next whole dollar; this section also defines “wages” for this calculation.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. Computation (Amount and Duration) [1275 - 1282] ( Article 2 enacted by Stats. 1953, Ch. 308. ) ## 1279. (a) Each individual eligible under this chapter who is unemployed in any week shall be paid with respect to that week an unemployment compensation benefit in an amount equal to his or her weekly benefit amount less the smaller of the following: (1) The amount of wages in excess of twenty-five dollars ($25) payable to him or her for services rendered during that week. (2) The amount of wages in excess of 25 percent of the amount of wages payable to him or her for services rendered during that week. (b) The benefit payment, if not a multiple of one dollar ($1), shall be computed to the next higher multiple of one dollar ($1). (c) For the purpose of this section only “wages” includes any and all compensation for personal services whether performed as an employee or as an independent contractor or as a juror or as a witness, but does not include any payments, regardless of their designation, made by a city of this state to an elected official thereof as an incident to public office, nor any payment received by a member of the National Guard or reserve component of the armed forces for inactive duty training, annual training, or emergency state active duty. (Amended by Stats. 1983, Ch. 761, Sec. 5.)
  30. 1279.6.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. Computation (Amount and Duration) [1275 - 1282] ( Article 2 enacted by Stats. 1953, Ch. 308. )

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    The department may work with two state entities to promote the work sharing program and give employers information about rehiring former employees, if consistent with federal guidance.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. Computation (Amount and Duration) [1275 - 1282] ( Article 2 enacted by Stats. 1953, Ch. 308. ) ## 1279.6. The department may collaborate with the Governor’s Office of Business and Economic Development and the California Infrastructure and Economic Development Bank to develop and implement strategic outreach to increase participation by employers in the work sharing program described in Section 1279.5 and to provide information to employers about their ability to rehire former employees, based on federal guidance. (Added by Stats. 2020, Ch. 209, Sec. 3. (AB 1731) Effective September 28, 2020.)
  31. 1279.7.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. Computation (Amount and Duration) [1275 - 1282] ( Article 2 enacted by Stats. 1953, Ch. 308. )

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    The department must accept electronically filed work sharing plan applications and electronic signatures, create an online portal, and send or make available claim forms after approval.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. Computation (Amount and Duration) [1275 - 1282] ( Article 2 enacted by Stats. 1953, Ch. 308. ) ## 1279.7. (a) Notwithstanding subdivision (c) of Section 1279.5, the director shall accept a work sharing plan application submitted electronically by an employer wishing to participate in, or renew participation in, the work sharing program. The department shall create a portal on its internet website for the provision and receipt of these applications. (b) Beginning September 15, 2020, work sharing plan applications submitted by eligible employers to participate in, or renew participation in, the work sharing program, upon approval by the director, shall be deemed approved for one year, unless a shorter plan is requested by the employer and approved by the director pursuant to subdivision (e) of Section 1279.5. The department shall mail to an eligible employer a claim packet for each participating employee within five business days following approval of the application. For an employer that submitted a work sharing plan application online, the department shall make online claim forms available to the approved employer for each participating employee within five business days following approval of the application. After the participating employer and employees complete and submit the documents in the claim packet, the department shall establish an unemployment insurance claim pursuant to applicable requirements. Participating employers and employees shall meet the required unemployment insurance claim filing and weekly certification requirements and employers shall be responsible for the completeness and integrity of each work sharing certification form issued to a participating employee. (c) Notwithstanding any other law, the department shall accept electronic signatures on all work sharing plan documents. (d) The provisions of this section shall be implemented consistently with the requirements of federal law. (Amended by Stats. 2022, Ch. 112, Sec. 1. (AB 1854) Effective January 1, 2023.)
  32. 128.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 1. General Provisions [100 - 144] ( Chapter 1 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. General Definitions [125 - 144] ( Article 2 enacted by Stats. 1953, Ch. 308. )

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    This section defines “Benefits” as money payments payable to an individual under the division for unemployment, including several listed benefit types.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 1. General Provisions [100 - 144] ( Chapter 1 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. General Definitions [125 - 144] ( Article 2 enacted by Stats. 1953, Ch. 308. ) ## 128. “Benefits” means the money payments payable to an individual, pursuant to this division, with respect to his unemployment and includes unemployment compensation benefits, federal-state extended benefits, or extended duration benefits, or disability benefits, or all of them. (Amended by Stats. 1970, Ch. 1156.)
  33. 1280.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. Computation (Amount and Duration) [1275 - 1282] ( Article 2 enacted by Stats. 1953, Ch. 308. )

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    This section sets how an individual’s weekly unemployment benefit is calculated from wages in the highest quarter of the base period, with different tables and caps for different filing periods.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. Computation (Amount and Duration) [1275 - 1282] ( Article 2 enacted by Stats. 1953, Ch. 308. ) ## 1280. (a) For any new claims filed with an effective date on or after January 1, 1992, and prior to September 11, 2001, an individual’s weekly benefit amount is the amount appearing in column B in the following table opposite that wage bracket in column A that contains the amount of wages paid to the individual for employment by employers during the quarter of his or her base period in which his or her wages were the highest. A B Amount of wages in Weekly benefit highest quarter amount $900.00– 948.99 ........................ 40 949.00– 974.99 ........................ 41 975.00–1,000.99 ........................ 42 1,001.00–1,026.99 ........................ 43 1,027.00–1,052.99 ........................ 44 1,053.00–1,078.99 ........................ 45 1,079.00–1,117.99 ........................ 46 1,118.00–1,143.99 ........................ 47 1,144.00–1,169.99 ........................ 48 1,170.00–1,195.99 ........................ 49 1,196.00–1,221.99 ........................ 50 1,222.00–1,247.99 ........................ 51 1,248.00–1,286.99 ........................ 52 1,287.00–1,312.99 ........................ 53 1,313.00–1,338.99 ........................ 54 1,339.00–1,364.99 ........................ 55 1,365.00–1,403.99 ........................ 56 1,404.00–1,429.99 ........................ 57 1,430.00–1,455.99 ........................ 58 1,456.00–1,494.99 ........................ 59 1,495.00–1,520.99 ........................ 60 1,521.00–1,546.99 ........................ 61 1,547.00–1,585.99 ........................ 62 1,586.00–1,611.99 ........................ 63 1,612.00–1,637.99 ........................ 64 1,638.00–1,676.99 ........................ 65 1,677.00–1,702.99 ........................ 66 1,703.00–1,741.99 ........................ 67 1,742.00–1,767.99 ........................ 68 1,768.00–1,806.99 ........................ 69 1,807.00–1,832.99 ........................ 70 1,833.00–1,871.99 ........................ 71 1,872.00–1,897.99 ........................ 72 1,898.00–1,936.99 ........................ 73 1,937.00–1,975.99 ........................ 74 1,976.00–2,001.99 ........................ 75 2,002.00–2,040.99 ........................ 76 2,041.00–2,066.99 ........................ 77 2,067.00–2,105.99 ........................ 78 2,106.00–2,144.99 ........................ 79 2,145.00–2,170.99 ........................ 80 2,171.00–2,209.99 ........................ 81 2,210.00–2,248.99 ........................ 82 2,249.00–2,287.99 ........................ 83 2,288.00–2,326.99 ........................ 84 2,327.00–2,352.99 ........................ 85 2,353.00–2,391.99 ........................ 86 2,392.00–2,430.99 ........................ 87 2,431.00–2,469.99 ........................ 88 2,470.00–2,508.99 ........................ 89 2,509.00–2,547.99 ........................ 90 2,548.00–2,586.99 ........................ 91 2,587.00–2,625.99 ........................ 92 2,626.00–2,664.99 ........................ 93 2,665.00–2,703.99 ........................ 94 2,704.00–2,742.99 ........................ 95 2,743.00–2,781.99 ........................ 96 2,782.00–2,820.99 ........................ 97 2,821.00–2,859.99 ........................ 98 2,860.00–2,898.99 ........................ 99 2,899.00–2,937.99 ........................ 100 2,938.00–2,989.99 ........................ 101 2,990.00–3,028.99 ........................ 102 3,029.00–3,067.99 ........................ 103 3,068.00–3,106.99 ........................ 104 3,107.00–3,158.99 ........................ 105 3,159.00–3,197.99 ........................ 106 3,198.00–3,236.99 ........................ 107 3,237.00–3,288.99 ........................ 108 3,289.00–3,327.99 ........................ 109 3,328.00–3,379.99 ........................ 110 3,380.00–3,418.99 ........................ 111 3,419.00–3,470.99 ........................ 112 3,471.00–3,509.99 ........................ 113 3,510.00–3,561.99 ........................ 114 3,562.00–3,600.99 ........................ 115 3,601.00–3,652.99 ........................ 116 3,653.00–3,704.99 ........................ 117 3,705.00–3,743.99 ........................ 118 3,744.00–3,795.99 ........................ 119 3,796.00–3,847.99 ........................ 120 3,848.00–3,899.99 ........................ 121 3,900.00–3,938.99 ........................ 122 3,939.00–3,990.99 ........................ 123 3,991.00–4,042.99 ........................ 124 4,043.00–4,079.99 ........................ 125 4,080.00–4,116.99 ........................ 126 4,117.00–4,153.99 ........................ 127 4,154.00–4,190.99 ........................ 128 4,191.00–4,227.99 ........................ 129 4,228.00–4,264.99 ........................ 130 4,265.00–4,301.99 ........................ 131 4,302.00–4,338.99 ........................ 132 4,339.00–4,375.99 ........................ 133 4,376.00–4,412.99 ........................ 134 4,413.00–4,449.99 ........................ 135 4,450.00–4,486.99 ........................ 136 4,487.00–4,523.99 ........................ 137 4,524.00–4,560.99 ........................ 138 4,561.00–4,597.99 ........................ 139 4,598.00–4,634.99 ........................ 140 4,635.00–4,671.99 ........................ 141 4,672.00–4,708.99 ........................ 142 4,709.00–4,745.99 ........................ 143 4,746.00–4,782.99 ........................ 144 4,783.00–4,819.99 ........................ 145 4,820.00–4,856.99 ........................ 146 4,857.00–4,893.99 ........................ 147 4,894.00–4,930.99 ........................ 148 4,931.00–4,966.99 ........................ 149 If the amount of wages paid an individual for employment by employers exceeds four thousand nine hundred sixty-six dollars and ninety-nine cents ($4,966.99) in the quarter of his or her base period in which these wages were highest, the individual’s weekly benefit amount shall be 39 percent of these wages divided by 13, but in no case shall this amount exceed two hundred thirty dollars ($230). If the benefit payable under this subdivision is not a multiple of one dollar ($1), it shall be computed to the next higher multiple of one dollar ($1). (b) Notwithstanding subdivision (a), for existing claims on or after September 11, 2001, provided that the unemployment benefits have not been exhausted as of September 11, 2001, and for all new claims filed with an effective date beginning on or after September 11, 2001, and prior to January 1, 2003, an individual’s weekly benefit amount is the amount for weeks of unemployment beginning on or after September 11, 2001, appearing in column B in the following table opposite that wage bracket in column A that contains the amount of wages paid to the individual for employment by employers during the quarter of his or her base period in which his or her wages were the highest. A B Amount of wages in Weekly benefit highest quarter amount $900.00– 948.99 ........................ 40 949.00– 974.99 ........................ 41 975.00–1,000.99 ........................ 42 1,001.00–1,026.99 ........................ 43 1,027.00–1,052.99 ........................ 44 1,053.00–1,078.99 ........................ 45 1,079.00–1,117.99 ........................ 46 1,118.00–1,143.99 ........................ 47 1,144.00–1,169.99 ........................ 48 1,170.00–1,195.99 ........................ 49 1,196.00–1,221.99 ........................ 50 1,222.00–1,247.99 ........................ 51 1,248.00–1,286.99 ........................ 52 1,287.00–1,312.99 ........................ 53 1,313.00–1,338.99 ........................ 54 1,339.00–1,364.99 ........................ 55 1,365.00–1,403.99 ........................ 56 1,404.00–1,429.99 ........................ 57 1,430.00–1,455.99 ........................ 58 1,456.00–1,494.99 ........................ 59 1,495.00–1,520.99 ........................ 60 1,521.00–1,546.99 ........................ 61 1,547.00–1,585.99 ........................ 62 1,586.00–1,611.99 ........................ 63 1,612.00–1,637.99 ........................ 64 1,638.00–1,676.99 ........................ 65 1,677.00–1,702.99 ........................ 66 1,703.00–1,741.99 ........................ 67 1,742.00–1,767.99 ........................ 68 1,768.00–1,806.99 ........................ 69 1,807.00–1,832.99 ........................ 70 1,833.00–1,871.99 ........................ 71 1,872.00–1,897.99 ........................ 72 1,898.00–1,936.99 ........................ 73 1,937.00–1,975.99 ........................ 74 1,976.00–2,001.99 ........................ 75 2,002.00–2,040.99 ........................ 76 2,041.00–2,066.99 ........................ 77 2,067.00–2,105.99 ........................ 78 2,106.00–2,144.99 ........................ 79 2,145.00–2,170.99 ........................ 80 2,171.00–2,209.99 ........................ 81 2,210.00–2,248.99 ........................ 82 2,249.00–2,287.99 ........................ 83 2,288.00–2,326.99 ........................ 84 2,327.00–2,352.99 ........................ 85 2,353.00–2,391.99 ........................ 86 2,392.00–2,430.99 ........................ 87 2,431.00–2,469.99 ........................ 88 2,470.00–2,508.99 ........................ 89 2,509.00–2,547.99 ........................ 90 2,548.00–2,586.99 ........................ 91 2,587.00–2,625.99 ........................ 92 2,626.00–2,664.99 ........................ 93 2,665.00–2,703.99 ........................ 94 2,704.00–2,742.99 ........................ 95 2,743.00–2,781.99 ........................ 96 If the amount of wages paid an individual for employment by employers exceeds two thousand seven hundred eighty-one dollars and ninety-nine cents ($2,781.99) in the quarter of his or her base period in which these wages were highest, the individual’s weekly benefit amount shall be 45 percent of these wages divided by 13, but in no case may this amount exceed three hundred thirty dollars ($330). (c) For new claims filed with an effective date beginning on or after January 1, 2003, an individual’s weekly benefit amount is the amount appearing in column B in the following table opposite the wage bracket in column A that contains the wages paid to the individual for employment by employers during the quarter of his or her base period in which his or her wages were the highest. A B Amount of wages in Weekly benefit highest quarter amount $900.00– 948.99 ........................ 40 949.00– 974.99 ........................ 41 975.00–1,000.99 ........................ 42 1,001.00–1,026.99 ........................ 43 1,027.00–1,052.99 ........................ 44 1,053.00–1,078.99 ........................ 45 1,079.00–1,117.99 ........................ 46 1,118.00–1,143.99 ........................ 47 1,144.00–1,169.99 ........................ 48 1,170.00–1,195.99 ........................ 49 1,196.00–1,221.99 ........................ 50 1,222.00–1,247.99 ........................ 51 1,248.00–1,286.99 ........................ 52 1,287.00–1,312.99 ........................ 53 1,313.00–1,338.99 ........................ 54 1,339.00–1,364.99 ........................ 55 1,365.00–1,403.99 ........................ 56 1,404.00–1,429.99 ........................ 57 1,430.00–1,455.99 ........................ 58 1,456.00–1,494.99 ........................ 59 1,495.00–1,520.99 ........................ 60 1,521.00–1,546.99 ........................ 61 1,547.00–1,585.99 ........................ 62 1,586.00–1,611.99 ........................ 63 1,612.00–1,637.99 ........................ 64 1,638.00–1,676.99 ........................ 65 1,677.00–1,702.99 ........................ 66 1,703.00–1,741.99 ........................ 67 1,742.00–1,767.99 ........................ 68 1,768.00–1,806.99 ........................ 69 1,807.00–1,832.99 ........................ 70 If the amount of wages paid an individual for employment by employers exceeds one thousand eight hundred thirty-two dollars and ninety-nine cents ($1,832.99) in the quarter of his or her base period in which these wages were highest, the individual’s weekly benefit amount shall be 50 percent of these wages divided by 13, but in no case shall this amount exceed the applicable of the following: (1) For new claims filed with an effective date beginning on or after January 1, 2003, and before January 1, 2004, three hundred seventy dollars ($370). (2) For new claims filed with an effective date beginning on or after January 1, 2004, and before January 1, 2005, four hundred ten dollars ($410). (3) For new claims filed with an effective date beginning on or after January 1, 2005, four hundred fifty dollars ($450). If the benefit payable under this subdivision is not a multiple of one dollar ($1), it shall be computed to the next higher multiple of one dollar ($1). (Amended by Stats. 2002, 3rd Ex. Sess., Ch. 4, Sec. 1. Effective August 1, 2002.)
  34. 1281.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. Computation (Amount and Duration) [1275 - 1282] ( Article 2 enacted by Stats. 1953, Ch. 308. )

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    An individual may establish a valid unemployment claim only if the base-period wage conditions are met, and the weekly benefit maximum is capped by the lower of two formulas.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. Computation (Amount and Duration) [1275 - 1282] ( Article 2 enacted by Stats. 1953, Ch. 308. ) ## 1281. (a) An individual cannot establish a valid claim or a benefit year during which any benefits are payable unless during his or her base period, for new claims filed with an effective date beginning on or after January 1, 1992, he or she has met either of the following conditions: (1) He or she has been paid wages for employment by employers during the quarter of his or her base period in which his or her wages were the highest of not less than one thousand three hundred dollars ($1,300). (2) He or she has been paid wages for employment by employers during the quarter of his or her base period in which his or her wages were the highest of not less than nine hundred dollars ($900) and been paid wages for employment by employers during his or her base period equal to 1.25 times the amount he or she was paid in this same quarter. (b) Except as provided by subdivision (c), the maximum amount of unemployment compensation benefits payable to an individual during any one benefit year shall not exceed the lower of the following: (1) Twenty-six times his or her weekly benefit amount. (2) One-half the total wages paid to the individual during his or her base period. (c) If the maximum amount computed under subdivision (b) is not a multiple of one dollar ($1) it shall be computed to the next higher multiple of one dollar ($1). (d) For the purpose of this section and Section 1280, in determining wages paid, “wages” includes wages due to any individual but unpaid within the time limit provided by law. (Amended by Stats. 2007, Ch. 272, Sec. 2. Effective January 1, 2008.)
  35. 1282.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. Computation (Amount and Duration) [1275 - 1282] ( Article 2 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    If wages are not paid on a fixed or regular schedule, the weekly or quarterly wages used to calculate unemployment benefits must be set by authorized regulations.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. Computation (Amount and Duration) [1275 - 1282] ( Article 2 enacted by Stats. 1953, Ch. 308. ) ## 1282. If the remuneration of an individual is not based upon a fixed period or duration of time or if the individual’s wages are paid at irregular intervals or in such manner as not to extend regularly over the period of employment, the wages for any week or for any calendar quarter for the purpose of computing an individual’s right to unemployment compensation benefits shall be determined pursuant to authorized regulations. The regulations shall, so far as possible, secure results reasonably similar to those which would prevail if the individual were paid his wages at regular intervals. (Amended by Stats. 1977, Ch. 1252.)
  36. 129.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 1. General Provisions [100 - 144] ( Chapter 1 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. General Definitions [125 - 144] ( Article 2 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    “Calendar quarter” means three consecutive calendar months ending on March 31, June 30, September 30, or December 31, or an equivalent period set by authorized regulations.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 1. General Provisions [100 - 144] ( Chapter 1 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. General Definitions [125 - 144] ( Article 2 enacted by Stats. 1953, Ch. 308. ) ## 129. “Calendar quarter” means the period of three consecutive calendar months ending on March 31st, June 30th, September 30th, or December 31st, or the equivalent thereof as may be prescribed by authorized regulations. (Enacted by Stats. 1953, Ch. 308.)
  37. 13.

    ## Unemployment Insurance Code - UIC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1953, Ch. 308. )

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    This section defines “city” to include several kinds of municipal entities.

    ## Unemployment Insurance Code - UIC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1953, Ch. 308. ) ## 13. “City” includes incorporated city, city and county, municipal corporation, municipality, town and incorporated town. (Enacted by Stats. 1953, Ch. 308.)
  38. 130.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 1. General Provisions [100 - 144] ( Chapter 1 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. General Definitions [125 - 144] ( Article 2 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    “Contingent fund” means the Department of Employment Development Contingent Fund.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 1. General Provisions [100 - 144] ( Chapter 1 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. General Definitions [125 - 144] ( Article 2 enacted by Stats. 1953, Ch. 308. ) ## 130. “Contingent fund” means the Department of Employment Development Contingent Fund. (Amended by Stats. 1973, Ch. 1212.)
  39. 130.5.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 1. General Provisions [100 - 144] ( Chapter 1 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. General Definitions [125 - 144] ( Article 2 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    This section defines “Benefit Audit Fund” as the Employment Development Department Benefit Audit Fund.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 1. General Provisions [100 - 144] ( Chapter 1 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. General Definitions [125 - 144] ( Article 2 enacted by Stats. 1953, Ch. 308. ) ## 130.5. “Benefit Audit Fund” means the Employment Development Department Benefit Audit Fund. (Amended by Stats. 1989, Ch. 1010, Sec. 1.)
  40. 1300.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2.2. Self-Employment Assistance Program [1300- 1300.] ( Article 2.2 added by Stats. 1994, Ch. 1116, Sec. 2. )

    Verify source ↗

    This section says the article’s purpose is to authorize unemployment compensation benefits, training, and support services for eligible dislocated workers who want to become self-employed.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2.2. Self-Employment Assistance Program [1300- 1300.] ( Article 2.2 added by Stats. 1994, Ch. 1116, Sec. 2. ) ## 1300. The Legislature finds that the traditional system of unemployment compensation is primarily designed to provide income support for workers who are temporarily laid off or expect to be unemployed for only a short time. However, increasing numbers of workers are losing their jobs permanently due to rapid technological change, elimination of trade barriers, and similar causes. These workers need additional tools besides the basic income maintenance provided by the unemployment compensation system in order to reenter the workforce. For some of those workers, access to a self-employment program would be the best path for them to do so. Accordingly, it is the purpose of this article to authorize the payment of unemployment compensation benefits, and to provide appropriate training and support services, for eligible dislocated workers who wish to become self-employed in their transition back into the workforce. (Added by Stats. 1994, Ch. 1116, Sec. 2. Effective January 1, 1995.)
  41. 13000.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 1. General Provisions [13000 - 13019] ( Chapter 1 added by Stats. 1980, Ch. 1007, Sec. 64. )

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    The department has power and duty to administer reporting, collection, refunding to employers, and enforcement of withholding taxes under Section 13020, except where this division says otherwise.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 1. General Provisions [13000 - 13019] ( Chapter 1 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## 13000. The department shall have the powers and duties necessary to administer the reporting, collection, refunding to the employer, and enforcement of taxes required to be withheld by employers pursuant to Section 13020, except as otherwise provided by this division. (Added by Stats. 1980, Ch. 1007, Sec. 64. Operative July 1, 1981, by Sec. 67 of Ch. 1007.)
  42. 13001.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 1. General Provisions [13000 - 13019] ( Chapter 1 added by Stats. 1980, Ch. 1007, Sec. 64. )

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    The definitions in several specified sections apply to this division.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 1. General Provisions [13000 - 13019] ( Chapter 1 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## 13001. The definitions set forth in Sections 126, 127, 129, 133, 134, and 144 shall apply to this division. (Added by Stats. 1980, Ch. 1007, Sec. 64. Operative July 1, 1981, by Sec. 67 of Ch. 1007.)
  43. 13002.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 1. General Provisions [13000 - 13019] ( Chapter 1 added by Stats. 1980, Ch. 1007, Sec. 64. )

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    This section says certain code provisions apply to amounts that must be deducted, reported, and paid to the department under this division.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 1. General Provisions [13000 - 13019] ( Chapter 1 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## 13002. The following provisions of this code shall apply to any amount required to be deducted, reported, and paid to the department under this division: (a) Sections 301, 305, 306, 310, 311, 317, and 318, relating to general administrative powers of the department. (b) Sections 403 to 413, inclusive, Section 1336, and Chapter 8 (commencing with Section 1951) of Part 1 of Division 1, relating to appeals and hearing procedures. (c) Sections 1110.6, 1111, 1111.5, 1112, 1112.1, 1112.5, 1113, 1113.1, 1114, 1115, 1116, and 1117, relating to the making of returns or the payment of reported contributions. (d) Article 8 (commencing with Section 1126) of Chapter 4 of Part 1 of Division 1, relating to assessments. (e) Article 9 (commencing with Section 1176), except Section 1176, of Chapter 4 of Part 1 of Division 1, relating to refunds and overpayments. (f) Article 10 (commencing with Section 1206) of Chapter 4 of Part 1 of Division 1, relating to notice. (g) Article 11 (commencing with Section 1221) of Chapter 4 of Part 1 of Division 1, relating to administrative appellate review. (h) Article 12 (commencing with Section 1241) of Chapter 4 of Part 1 of Division 1, relating to judicial review. (i) Chapter 7 (commencing with Section 1701) of Part 1 of Division 1, relating to collections. (j) Chapter 10 (commencing with Section 2101) of Part 1 of Division 1, relating to violations. (Amended by Stats. 2017, Ch. 117, Sec. 9. (AB 1695) Effective January 1, 2018.)
  44. 13003.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 1. General Provisions [13000 - 13019] ( Chapter 1 added by Stats. 1980, Ch. 1007, Sec. 64. )

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    This section says the listed definitions and incorporated tax-law provisions apply to this division.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 1. General Provisions [13000 - 13019] ( Chapter 1 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## 13003. (a) Except where the context otherwise requires, the definitions set forth in this chapter, and in addition the definitions and provisions of the Personal Income Tax Law referred to and hereby incorporated by reference as set forth in the following provisions of the Revenue and Taxation Code, shall apply to and govern the construction of this division: (1) “Corporation” as defined by Section 17009. (2) “Fiduciary” as defined by Section 17006. (3) “Fiscal year” as defined by Section 17011. (4) “Foreign country” as defined by Section 17019. (5) “Franchise Tax Board” as defined by Section 17003. (6) “Spouse” as defined by Section 17021. (7) “Individual” as defined by Section 17005. (8) “Military or naval forces” as defined by Section 17022. (9) “Nonresident” as defined by Section 17015. (10) “Partnership” as defined by Section 17008. (11) “Person” as defined by Section 17007. (12) “Resident” as defined by Sections 17014 and 17016. (13) “State” as defined by Section 17018. (14) “Taxable year” as defined by Section 17010. (15) “Taxpayer” as defined by Section 17004. (16) “Trade or business” as defined by Section 17020. (17) “United States” as defined by Section 17017. (b) The provisions of Part 10 (commencing with Section 17001) and Part 10.2 (commencing with Section 18401) of Division 2 of the Revenue and Taxation Code, relating to the following items, are hereby incorporated by reference and shall apply to and govern construction of this division: (1) Trade or business expense (Article 6 (commencing with Section 17201) of Chapter 3 of Part 10). (2) Deductions for retirement savings (Article 6 (commencing with Section 17201) of Chapter 3 of Part 10). (3) Distributions of property by a corporation to a shareholder (Chapter 4 (commencing with Section 17321) of Part 10). (4) Deferred compensation (Chapter 5 (commencing with Section 17501) of Part 10). (5) Partners and partnerships (Chapter 10 (commencing with Section 17851) of Part 10). (6) Gross income of nonresident taxpayers (Chapter 11 (commencing with Section 17951) of Part 10). (7) Postponement of the time for certain acts by individuals in or in support of the Armed Forces (Article 3 (commencing with Section 18621) of Chapter 2 of Part 10.2). (8) Disclosure of information (Article 2 (commencing with Section 19542) of Chapter 7 of Part 10.2). For this purpose “Franchise Tax Board” as used therein shall mean the Employment Development Department in respect to information obtained in the administration of this division. (Amended by Stats. 2016, Ch. 50, Sec. 116. (SB 1005) Effective January 1, 2017.)
  45. 13004.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 1. General Provisions [13000 - 13019] ( Chapter 1 added by Stats. 1980, Ch. 1007, Sec. 64. )

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    This section defines “employee” for the code.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 1. General Provisions [13000 - 13019] ( Chapter 1 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## 13004. “Employee” means a resident individual who receives remuneration for services performed within or without this state or a nonresident individual who receives remuneration for services performed within this state and includes an officer, employee, or elected official of the United States, a state, territory, or any political subdivision thereof, or any agency or instrumentality of any one or more of the foregoing. “Employee” also includes an officer of a corporation. Whether an individual provides equipment in the performance of services for remuneration shall not be considered in a determination of whether that individual is an employee. (Amended by Stats. 1986, Ch. 847, Sec. 15.)
  46. 13004.1.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 1. General Provisions [13000 - 13019] ( Chapter 1 added by Stats. 1980, Ch. 1007, Sec. 64. )

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    This section says certain individuals are not counted as “employees” if all listed conditions are met.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 1. General Provisions [13000 - 13019] ( Chapter 1 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## 13004.1. “Employee” does not include any individual if all of the following conditions exist: (a) The individual is licensed pursuant to the provisions of Part 1 (commencing with Section 10000) of Division 4 of the Business and Professions Code and is performing services in the capacity of a licensee, or the individual is engaged in the trade or business of primarily in-person demonstration and sales presentation of consumer products, including services or other intangibles, in the home or sales to any buyer on a buy-sell basis, a deposit-commission basis, or any similar basis, for resale by the buyer or any other person in the home or otherwise than in a retail or wholesale establishment. (b) Substantially all of the remuneration (whether or not paid in cash) for the services performed by that individual is directly related to sales or other output (including the performance of services) rather than to the number of hours worked by that individual. (c) The services performed by the individual are performed pursuant to a written contract between that individual and the person for whom the services are performed and the contract provides that the individual will not be treated as an employee with respect to those services for state tax purposes. (Amended by Stats. 1995, Ch. 541, Sec. 8. Effective January 1, 1996.)
  47. 13004.5.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 1. General Provisions [13000 - 13019] ( Chapter 1 added by Stats. 1980, Ch. 1007, Sec. 64. )

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    This section expands the meaning of “employee” for this part of the code to include certain workers tied to a person with a valid state contractor’s license, and also covers a fallback category when subdivision (a) does not apply.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 1. General Provisions [13000 - 13019] ( Chapter 1 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## 13004.5. (a) “Employee” also means any individual who is an employee pursuant to Section 2750.5 of the Labor Code, of a person who holds a valid state contractor’s license pursuant to Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code. (b) When subdivision (a) does not apply, “employee” shall also mean any individual who is an employee, pursuant to Section 2750.5 of the Labor Code, of a person who is required to obtain a valid state contractor’s license pursuant to Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code. (Added by Stats. 1990, Ch. 719, Sec. 5.)
  48. 13004.6.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 1. General Provisions [13000 - 13019] ( Chapter 1 added by Stats. 1980, Ch. 1007, Sec. 64. )

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    For this code section, a member of an LLC taxed as a partnership is not included in the definition of “employee.”

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 1. General Provisions [13000 - 13019] ( Chapter 1 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## 13004.6. “Employee” does not include any member of a limited liability company that is treated as a partnership for federal income tax purposes. (Added by Stats. 2014, Ch. 122, Sec. 1. (SB 1131) Effective January 1, 2015.)
  49. 13005.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 1. General Provisions [13000 - 13019] ( Chapter 1 added by Stats. 1980, Ch. 1007, Sec. 64. )

    Verify source ↗

    This section defines “employer” for this code.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 1. General Provisions [13000 - 13019] ( Chapter 1 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## 13005. (a) “Employer” means any individual, person, corporation, association, partnership, or limited liability company, or any agent thereof, doing business in this state, deriving income from sources within this state, or in any manner whatsoever subject to the laws of this state, the State of California or any political subdivision or agency thereof, including the Regents of the University of California, any city organized under a freeholders’ charter, or any political body not a subdivision or agency of the state, and any person, officer, employee, department, or agency thereof, making payment of wages to employees for services performed within this state, except as provided in subdivision (b). (b) If the employer, as defined in subdivision (a), for whom the employee performs or performed the service does not have control of the payment of wages for such services, “employer” (except for purposes of Section 13009) means the person having control of the payment of such wages, whether or not the person having control of the payment of such wages is subject to the jurisdiction of the laws of this state. (Amended by Stats. 1994, Ch. 1200, Sec. 91. Effective September 30, 1994.)
  50. 13005.7.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 1. General Provisions [13000 - 13019] ( Chapter 1 added by Stats. 1980, Ch. 1007, Sec. 64. )

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    An employment agency is not treated as the employer of a domestic worker it places if all factors in Section 687.2 are present.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 1. General Provisions [13000 - 13019] ( Chapter 1 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## 13005.7. An employment agency, as defined in paragraph (3) of subdivision (a) or (h) of Section 1812.501 of the Civil Code shall not be deemed the employer of the domestic worker for whom it procures, offers, refers, provides, or attempts to provide work if all of the factors set forth in Section 687.2 exist. (Added by Stats. 1993, Ch. 1275, Sec. 4. Effective January 1, 1994.)
  51. 13006.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 1. General Provisions [13000 - 13019] ( Chapter 1 added by Stats. 1980, Ch. 1007, Sec. 64. )

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    This section defines “gross income” as compensation for services, including fees and commissions, with stated inclusions and exclusions.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 1. General Provisions [13000 - 13019] ( Chapter 1 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## 13006. “Gross income” means all compensation for services including fees, commissions, and similar items, except as otherwise provided by this division. “Gross income” shall specifically include those items relating to compensation specified by Article 2 (commencing with Section 17081) of, and shall specifically exclude those items relating to compensation specified by Article 3 (commencing with Section 17131) of, Chapter 3 of Part 10 of Division 2 of the Revenue and Taxation Code. (Amended by Stats. 1986, Ch. 847, Sec. 16.)
  52. 13007.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 1. General Provisions [13000 - 13019] ( Chapter 1 added by Stats. 1980, Ch. 1007, Sec. 64. )

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    This section defines “miscellaneous payroll period” as any payroll period that is not daily, weekly, biweekly, semimonthly, monthly, quarterly, semiannual, or annual.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 1. General Provisions [13000 - 13019] ( Chapter 1 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## 13007. “Miscellaneous payroll period” means a payroll period other than a daily, weekly, biweekly, semimonthly, monthly, quarterly, semiannual, or annual payroll period. (Added by Stats. 1980, Ch. 1007, Sec. 64. Operative July 1, 1981, by Sec. 67 of Ch. 1007.)
  53. 13008.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 1. General Provisions [13000 - 13019] ( Chapter 1 added by Stats. 1980, Ch. 1007, Sec. 64. )

    Verify source ↗

    “Payroll period” means the period when an employer ordinarily pays wages to an employee.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 1. General Provisions [13000 - 13019] ( Chapter 1 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## 13008. “Payroll period” means a period for which a payment of wages is ordinarily made to the employee by his or her employer. (Added by Stats. 1980, Ch. 1007, Sec. 64. Operative July 1, 1981, by Sec. 67 of Ch. 1007.)
  54. 13009.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 1. General Provisions [13000 - 13019] ( Chapter 1 added by Stats. 1980, Ch. 1007, Sec. 64. )

    Verify source ↗

    This section defines “wages” for unemployment insurance withholding and lists many payments that do not count as wages.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 1. General Provisions [13000 - 13019] ( Chapter 1 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## 13009. “Wages” means all remuneration, other than fees paid to a public official, for services performed by an employee for their employer, including all remuneration paid to a nonresident employee for services performed in this state, and the cash value of all remuneration paid in any medium other than cash, except as provided by this section. “Wages” includes tips received by an employee in the course of employment. The wages shall be deemed to be paid at the time a written statement including tips is furnished to the employer pursuant to Section 13055 or, if no statement including those tips is so furnished, at the time received. “Wages” includes compensation, that is deductible under Section 162 of the Internal Revenue Code, paid to a member of a limited liability company filing a federal corporate income tax return. “Wages” shall not include remuneration paid under any of the following conditions: (a) For agricultural labor, as defined in subdivision (g) of Section 3121 of the Internal Revenue Code. (b) For domestic service in a private home, local college club, or local chapter of a college fraternity or sorority. (c) For service not in the course of the employer’s trade or business performed in any calendar quarter by an employee, unless the cash remuneration paid for that service is fifty dollars ($50) or more and the service is performed by an individual who is regularly employed by the employer to perform the service. For purposes of this subdivision, an individual shall be deemed to be regularly employed by an employer during a calendar quarter only if either of the following conditions is met: (1) On each of some 24 days during the quarter, the individual performs for the employer for some portion of the day service not in the course of the employer’s trade or business. (2) The individual was regularly employed, as determined under paragraph (1), by the employer in the performance of the service during the preceding calendar quarter. (d) For services by a citizen or resident of the United States for a foreign government or an international organization. (e) For services performed by a nonresident individual who is not a citizen or national of the United States as designated by regulations prescribed by the department. (f) For services performed by a duly ordained, commissioned, or licensed minister of a church in the exercise of their ministry or by a member of a religious order in the exercise of duties required by the order. (g) (1) For services performed by an individual under the age of 18 years in delivery or distribution of newspapers or shopping news, not including delivery or distribution to any point for subsequent delivery or distribution. (2) For services performed by an individual in, and at the time of, the sale of newspapers or magazines to ultimate consumers, under an arrangement under which the newspapers or magazines are to be sold by the individual at a fixed price, the individual’s compensation being based on the retention of the excess of the price over the amount at which the newspapers or magazines are charged to the individual whether or not the individual is guaranteed a minimum amount of compensation for the services, or is entitled to be credited with the unsold newspapers or magazines turned back. (h) For services not in the course of the employer’s trade or business, to the extent paid in any medium other than cash. (i) To, or on behalf of, an employee or their beneficiary under any of the following situations: (1) From or to a trust which is exempt from tax under Section 17631 of the Revenue and Taxation Code at the time of payment, unless the payment is made to an employee of the trust as remuneration for services rendered as an employee and not as a beneficiary of the trust. (2) Under or to an annuity plan which, at the time of payment, is a plan qualified pursuant to Chapter 5 (commencing with Section 17501) of Part 10 of Division 2 of the Revenue and Taxation Code. (3) Under or to a bond purchase plan which, at the time of payment, is a bond purchase plan qualified pursuant to Chapter 5 (commencing with Section 17501) of Part 10 of Division 2 of the Revenue and Taxation Code. (4) For a payment which qualifies for deduction by an employee pursuant to Section 219 of the Internal Revenue Code if, at the time of payment, it is reasonable to believe that the employee will be entitled to a deduction under that section for payment. (5) Under a cafeteria plan (within the meaning of Section 125 of the Internal Revenue Code). (j) To a master, officer, or any other seaman who is a member of a crew on a vessel engaged in foreign, coastwise, intercoastal, interstate, or noncontiguous trade. (k) Pursuant to any provision of law other than Section 5(c) of the Peace Corps Act (22 U.S.C. Sec. 2504(c)) or 6(1) of the Peace Corps Act (22 U.S.C. Sec. 2505(1)), for service performed as a volunteer or volunteer leader within the meaning of that act. (l) In the form of group-term life insurance on the life of an employee. (m) To or on behalf of an employee, and to the extent that, at the time of the payment of remuneration it is reasonable to believe that a corresponding deduction is allowable for moving expenses pursuant to Article 6 (commencing with Section 17201) of Chapter 3 of Part 10 of Division 2 of the Revenue and Taxation Code. (n) (1) As tips in any medium other than cash. (2) As cash tips to an employee in any calendar month in the course of employment by an employer, unless the amount of the cash tips is twenty dollars ($20) or more. (o) For service performed by an individual on a boat engaged in catching fish or other forms of aquatic animal life under an arrangement with the owner or operator of the boat pursuant to which all of the following apply: (1) The individual does not receive any cash remuneration, other than as provided in paragraph (2). (2) The individual receives a share of the boat’s (or the boats’ in the case of a fishing operation involving more than one boat) catch of fish or other forms of aquatic animal life or a share of the proceeds from the sale of the catch. (3) The amount of the individual’s share depends on the amount of the boat’s (or the boats’ in the case of a fishing operation involving more than one boat) catch of fish or other forms of aquatic animal life. This subdivision shall apply only where the operating crew of the boat (or each boat from which the individual receives a share in the case of a fishing operation involving more than one boat) is normally made up of fewer than 10 individuals. (p) For any medical care reimbursement made to, or for the benefit of, an employee under a self-insured medical reimbursement plan pursuant to Section 105(h)(6) of the Internal Revenue Code. (q) To, or on behalf of, an employee to the extent not includable in gross income pursuant to Section 13006. (r) For services to which Section 633 applies. (Amended by Stats. 2021, Ch. 296, Sec. 60. (AB 1096) Effective January 1, 2022.)
  55. 13009.5.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 1. General Provisions [13000 - 13019] ( Chapter 1 added by Stats. 1980, Ch. 1007, Sec. 64. )

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    The section defines “wages subject to personal income tax” and requires certain employers and third-party payers to report those wages to the department. It also says a person or entity is not required to register with the Employment Development Department solely to report those wages, and is not required to withhold tax under Section 13020 unless otherwise required.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 1. General Provisions [13000 - 13019] ( Chapter 1 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## 13009.5. (a) For purposes of the report required by subdivision (a) of Section 1088 and the statement required by Section 13050, “wages subject to personal income tax” means all of the following: (1) Remuneration defined as wages by Section 13009, except that in the case of tips received by an employee in the course of his or her employment, the amounts shall include only those tips included in statements furnished to the employer, pursuant to Section 13055. (2) Remuneration described in subdivisions (a), (b), (f), and (l) of Section 13009, to the extent included in gross income. (3) Payments made by a third party for sick pay as specified in Section 931.5. (A) Any employer who receives a report of wages from a third-party payer as provided for in subdivisions (a) and (b) of Section 931.5 shall report those wages to the department as required under paragraph (2) of subdivision (a) of Section 1088. (B) Any third-party payer described in Section 931.5 who fails to report wages to an employer as provided for in that section shall report those wages to the department as required under paragraph (2) of subdivision (a) of Section 1088. (b) (1) A person or entity shall not be required to register with the Employment Development Department solely for the purpose of reporting wages subject to personal income tax pursuant to Section 1088 unless that registration is otherwise required by this code. (2) A person or entity shall not be required to withhold any tax under Section 13020 for wages, as defined by this section, unless that person or entity is required to withhold tax for those wages as defined by Section 13009. (Added by Stats. 1999, Ch. 144, Sec. 2. Effective January 1, 2000.)
  56. 13010.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 1. General Provisions [13000 - 13019] ( Chapter 1 added by Stats. 1980, Ch. 1007, Sec. 64. )

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    “Withholding agent” means a person who is required to deduct and withhold tax under Section 13020.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 1. General Provisions [13000 - 13019] ( Chapter 1 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## 13010. “Withholding agent” means any person required to deduct and withhold any tax under the provisions of Section 13020. (Added by Stats. 1980, Ch. 1007, Sec. 64. Operative July 1, 1981, by Sec. 67 of Ch. 1007.)
  57. 13011.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 1. General Provisions [13000 - 13019] ( Chapter 1 added by Stats. 1980, Ch. 1007, Sec. 64. )

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    The department must keep custody and control of property and records held for the Franchise Tax Board.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 1. General Provisions [13000 - 13019] ( Chapter 1 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## 13011. The department shall retain the possession and control of all records, papers, offices, equipment, supplies, moneys, funds, appropriations, land, and other property real or personal held for the benefit or use of the Franchise Tax Board in the performance of the duties, powers, purposes, responsibilities, and jurisdiction of the Franchise Tax Board that were previously delegated by Section 15702.1 of the Government Code and that are vested in the department by Section 13000. (Added by Stats. 1980, Ch. 1007, Sec. 64. Operative July 1, 1981, by Sec. 67 of Ch. 1007.)
  58. 13013.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 1. General Provisions [13000 - 13019] ( Chapter 1 added by Stats. 1980, Ch. 1007, Sec. 64. )

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    Existing regulations stay in force and enforceable until the director readopts, amends, or repeals them.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 1. General Provisions [13000 - 13019] ( Chapter 1 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## 13013. All regulations heretofore adopted by the Franchise Tax Board pursuant to powers transferred to the department by this division and in effect immediately preceding the operative date of this division, shall remain in effect and shall be fully enforceable unless and until readopted, amended, or repealed by the director. (Added by Stats. 1980, Ch. 1007, Sec. 64. Operative July 1, 1981, by Sec. 67 of Ch. 1007.)
  59. 13014.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 1. General Provisions [13000 - 13019] ( Chapter 1 added by Stats. 1980, Ch. 1007, Sec. 64. )

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    This section says the division does not apply to payments of interest obligations that are not taxable under the division.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 1. General Provisions [13000 - 13019] ( Chapter 1 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## 13014. This division does not apply to the payment of interest obligations not taxable under this division. (Added by Stats. 1980, Ch. 1007, Sec. 64. Operative July 1, 1981, by Sec. 67 of Ch. 1007.)
  60. 13015.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 1. General Provisions [13000 - 13019] ( Chapter 1 added by Stats. 1980, Ch. 1007, Sec. 64. )

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    The department may require information about persons subject to the taxes in this division if it is needed or helpful for proper identification.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 1. General Provisions [13000 - 13019] ( Chapter 1 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## 13015. The department is authorized to require such information with respect to persons subject to the taxes imposed by this division as is necessary or helpful in securing proper identification of such persons. (Added by Stats. 1980, Ch. 1007, Sec. 64. Operative July 1, 1981, by Sec. 67 of Ch. 1007.)
  61. 13016.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 1. General Provisions [13000 - 13019] ( Chapter 1 added by Stats. 1980, Ch. 1007, Sec. 64. )

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    A recipient of income must give their name and address when the person paying the income asks for it, if needed to make this division effective.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 1. General Provisions [13000 - 13019] ( Chapter 1 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## 13016. When necessary to make effective the provisions of this division, the name and address of the recipient of income shall be furnished upon demand of the person paying the income. (Added by Stats. 1980, Ch. 1007, Sec. 64. Operative July 1, 1981, by Sec. 67 of Ch. 1007.)
  62. 13017.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 1. General Provisions [13000 - 13019] ( Chapter 1 added by Stats. 1980, Ch. 1007, Sec. 64. )

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    Unless a different rule is specifically provided, laws that change withholding under this division must start in the manner set out in Revenue and Taxation Code Section 18665.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 1. General Provisions [13000 - 13019] ( Chapter 1 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## 13017. Unless otherwise specifically provided, the provisions of any law effecting changes in withholding under this division shall begin in the manner set forth by Section 18665 of the Revenue and Taxation Code. (Amended by Stats. 1993, Ch. 877, Sec. 96. Effective October 6, 1993. Operative January 1, 1994, by Sec. 102 of Ch. 877.)
  63. 13018.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 1. General Provisions [13000 - 13019] ( Chapter 1 added by Stats. 1980, Ch. 1007, Sec. 64. )

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    Confidential tax information must be used only for administering tax laws or other laws handled by the recipient, and willful unauthorized inspection, disclosure, or use is a misdemeanor.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 1. General Provisions [13000 - 13019] ( Chapter 1 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## 13018. (a) Except as otherwise provided by this division or other express provision of law, the information furnished or secured pursuant to this division shall be used solely for the purpose of administering the tax laws or other laws administered by the person or agency obtaining it. Any willful unauthorized inspection or unwarranted disclosure or use of the information by the person or agency, or the employees and officers thereof, is a misdemeanor. For purposes of this section, “inspection” means any examination of confidential information furnished or secured pursuant to this division. (b) The department shall notify a taxpayer of any known incidents of willful unauthorized inspection or unwarranted disclosure or use of the taxpayer’s confidential tax records, but only if criminal charges have been filed for the willful unauthorized inspection or unwarranted disclosure. (Added by Stats. 1998, Ch. 623, Sec. 4. Effective January 1, 1999.)
  64. 13019.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 1. General Provisions [13000 - 13019] ( Chapter 1 added by Stats. 1980, Ch. 1007, Sec. 64. )

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    Tax advice communications can get confidentiality protection between a taxpayer and a federally authorized tax practitioner, but only in the stated noncriminal tax context before the Employment Development Department.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 1. General Provisions [13000 - 13019] ( Chapter 1 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## 13019. (a) (1) With respect to tax advice, the protections of confidentiality that apply to a communication between a client and an attorney, as set forth in Article 3 (commencing with Section 950) of Chapter 4 of Division 8 of the Evidence Code, also shall apply to a communication between a taxpayer and any federally authorized tax practitioner to the extent the communication would be considered a privileged communication if it were between a client and an attorney. (2) Paragraph (1) may only be asserted in any noncriminal tax matter before the Employment Development Department. (3) For purposes of this section: (A) “Federally authorized tax practitioner” means any individual who is authorized under federal law to practice before the Internal Revenue Service if the practice is subject to federal regulation under Section 330 of Title 31 of the United States Code, as provided by federal law as of January 1, 2000. (B) “Tax advice” means advice given by an individual with respect to a state tax matter, which may include federal tax advice if it relates to the state tax matter. For purposes of this subparagraph, “federal tax advice” means advice given by an individual within the scope of his or her authority to practice before the federal Internal Revenue Service on noncriminal tax matters. (C) “Tax shelter” means a partnership or other entity, any investment plan or arrangement, or any other plan or arrangement if a significant purpose of that partnership, entity, plan, or arrangement is the avoidance or evasion of federal income tax. (b) The privilege under subdivision (a) shall not apply to any written communication between a federally authorized tax practitioner and a director, shareholder, officer, or employee, agent, or representative of a corporation in connection with the promotion of the direct or indirect participation of the corporation in any tax shelter, or in any proceeding to revoke or otherwise discipline any license or right to practice by any governmental agency. (c) This section shall be operative for communications made on or after the effective date of the act adding this section. (Added by Stats. 2009, Ch. 411, Sec. 3. (AB 129) Effective October 11, 2009.)
  65. 13020.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 2. Withholding and Payment of Tax [13020 - 13031] ( Chapter 2 added by Stats. 1980, Ch. 1007, Sec. 64. )

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    Employers must withhold tax from wages paid to covered resident and nonresident employees, subject to stated exceptions.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 2. Withholding and Payment of Tax [13020 - 13031] ( Chapter 2 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## 13020. (a) (1) Every employer who pays wages to a resident employee for services performed either within or without this state, or to a nonresident employee for services performed in this state, shall deduct and withhold from those wages, except as provided in subdivision (c) and Sections 13025 and 13026, for each payroll period, a tax computed in that manner as to produce, so far as practicable, with due regard to the credits for personal exemptions allowable under Section 17054 of the Revenue and Taxation Code, a sum which is substantially equivalent to the amount of tax reasonably estimated to be due under Part 10 (commencing with Section 17001) of Division 2 of the Revenue and Taxation Code resulting from the inclusion in the gross income of the employee of the wages which were subject to withholding. The method of determining the amount to be withheld shall be prescribed by the Franchise Tax Board pursuant to Section 18663 of the Revenue and Taxation Code. (2) For each payroll period ending on or after November 1, 2009, the sum shall comport with the changes made to Section 18663 of the Revenue and Taxation Code, by the act adding this paragraph. (b) The department upon request may permit the use of accounting machines to calculate the proper amount to be deducted and withheld from wages, if the calculation produces an amount substantially equivalent to the amount of tax required to be withheld under subdivision (a). (c) Withholding shall not be required by this section with respect to wages, salaries, fees, or other compensation paid by a corporation for services performed in California for that corporation to a nonresident corporate director for director services, including attendance at a board of directors’ meeting. (Amended by Stats. 2009, 4th Ex. Sess., Ch. 15, Sec. 5. (AB 17 4x) Effective October 23, 2009.)
  66. 13021.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 2. Withholding and Payment of Tax [13020 - 13031] ( Chapter 2 added by Stats. 1980, Ch. 1007, Sec. 64. )

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    Employers that withhold tax must file required withholding reports and pay withheld tax on the schedule set by this section.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 2. Withholding and Payment of Tax [13020 - 13031] ( Chapter 2 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## 13021. (a) Every employer required to withhold any tax under Section 13020 shall for each calendar quarter, whether or not wages or payments are paid in the quarter, file a withholding report, a quarterly return, as described in subdivision (a) of Section 1088, and a report of wages in a form prescribed by the department, and pay over the taxes so required to be withheld. The report of wages shall include individual amounts required to be withheld under Section 13020 or withheld under Section 13028. Except as provided in subdivisions (c) and (d), the employer shall file a withholding report, a quarterly return, as described in subdivision (a) of Section 1088, and a report of wages, and remit the total amount of income taxes withheld during the calendar quarter on or before the last day of the month following the close of the calendar quarter. (b) Every employer electing to file a single annual return under subdivision (d) of Section 1110 shall report and pay any taxes withheld under Section 13020 on an annual basis within the time specified in subdivision (d) of Section 1110. (c) (1) Effective January 1, 1995, whenever an employer is required, for federal income tax purposes, to remit the total amount of withheld federal income tax in accordance with Section 6302 of the Internal Revenue Code and regulations thereunder, and the accumulated amount of state income tax withheld is more than five hundred dollars ($500), the employer shall remit the total amount of income tax withheld for state income tax purposes within the number of business days as specified for withheld federal income taxes by Section 6302 of the Internal Revenue Code, and regulations thereunder. (2) Effective January 1, 1996, the five hundred dollar ($500) amount referred to in paragraph (1) shall be adjusted annually as follows, based on the annual average rate of interest earned on the Pooled Money Investment Account as of June 30 in the prior fiscal year: Average Rate of Interest Greater than or equal to 9 percent: $ 75 Less than 9 percent, but greater than or equal to 7 percent: 250 Less than 7 percent, but greater than or equal to 4 percent: 400 Less than 4 percent: 500 (d) (1) Notwithstanding subdivisions (a) and (c), for calendar years beginning on and after January 1, 1995, if in the 12-month period ending June 30 of the prior year, the cumulative average payment made pursuant to this division or Section 1110 for any deposit periods, as described under Section 6302 of the Internal Revenue Code and regulations thereunder, was twenty thousand dollars ($20,000) or more, the employer shall remit the total amount of income tax withheld within the number of business days as specified for filing federal income taxes by Section 6302 of the Internal Revenue Code, relating to mode or time of collection, and regulations thereunder. For purposes of this subdivision, payment shall be made by electronic funds transfer in accordance with Section 13021.5, for one calendar year beginning on January 1. Payment is deemed complete on the date the electronic funds transfer is initiated if settlement to the state’s demand account occurs on or before the business day following the date the transfer is initiated. If settlement to the state’s demand account does not occur on or before the business day following the date the transfer is initiated, payment is deemed complete on the date settlement occurs. The department shall, on or before October 31 of the prior year, notify all employers required by this paragraph to make payments by electronic funds transfer of these requirements. (2) Effective January 1, 2017, paragraph (1) shall not apply to an employer subject to the electronic filing requirements of Section 1088. Effective January 1, 2017, an employer subject to the electronic filing requirements of Section 1088 shall remit the total amount of income tax withheld within the number of business days specified in Section 6302 of the Internal Revenue Code and the regulations adopted thereunder for filing federal income taxes. Payment shall be deemed complete on the date the electronic funds transfer is initiated if settlement to the state’s demand account occurs on or before the business day following the date the transfer is initiated. If settlement to the state’s demand account does not occur on or before the business day following the date the transfer is initiated, payment is deemed complete on the date settlement occurs. (3) Notwithstanding paragraphs (1) and (2), effective January 1, 1995, electronic funds transfer payments that are subject to the one-day deposit rule, as described by Section 6302 of the Internal Revenue Code and regulations thereunder, shall be deemed timely if the payment settles to the state’s demand account within three business days after the date the employer meets the threshold for the one-day deposit rule. (4) Any taxpayer required to remit payments pursuant to paragraphs (1) and (2) may request from the department a waiver of those requirements. The department may grant a waiver only if it determines that the particular amount paid in excess of twenty thousand dollars ($20,000), as stated in paragraph (1) was the result of an unprecedented occurrence for that employer, and was not representative of the employer’s cumulative average payment in prior years. (5) A state agency required to remit payments pursuant to paragraphs (1) and (2) may request a waiver of those requirements from the department. The department may grant a waiver if it determines that there will not be a negative impact on the interest earnings of the General Fund. If there is a negative impact to the General Fund, the department may grant a waiver if the requesting state agency follows procedures designated by the department to mitigate the impact to the General Fund. (e) An employer not required to make payment pursuant to subdivision (d) may elect to make payment by electronic funds transfer in accordance with Section 13021.5 under the following conditions: (1) The election shall be made in a form, and shall contain information, as prescribed by the director, and shall be subject to approval by the department. (2) If approved, the election shall be effective on the date specified in the notification to the employer of approval. (3) The election shall be operative from the date specified in the notification of approval, and shall continue in effect until terminated by the employer or the department. (4) Funds remitted by electronic funds transfer pursuant to this subdivision shall be deemed complete in accordance with subdivision (d) or as deemed appropriate by the director to encourage use of this payment method. (f) Notwithstanding Section 1112, interest and penalties shall not be assessed against an employer that remits at least 95 percent of the amount required by subdivision (c) or (d) if the failure to remit the full amount is not willful and any remaining amount due is paid with the next payment. The director may allow any employer to submit the amounts due from multiple locations upon a showing that those submissions are necessary to comply with subdivision (c) or (d). (g) The department may, if it believes that action is necessary, require any employer to make the report or return required by this section and pay to it the tax deducted and withheld at any time, or from time to time but no less frequently than provided for in subdivision (a). (h) An employer required to withhold any tax and that is not required to make payment under subdivision (c) shall remit the total amount of income tax withheld during each month of each calendar quarter, on or before the 15th day of the subsequent month if the income tax withheld for any of the three months or, cumulatively for two or more months, is three hundred fifty dollars ($350) or more. (i) For purposes of subdivisions (a), (c), and (h), payment that is not required to be made by electronic funds transfer is deemed complete when it is placed in a properly addressed envelope, bearing the correct postage, and it is deposited in the United States mail. (j) (1) In addition to the withholding report, quarterly return, and report of wages described in subdivision (a), each employer shall file with the director an annual reconciliation return showing the amount required to be withheld under Section 13020, and any other information the director shall prescribe. This annual reconciliation return shall be due on the first day of January following the close of the prior calendar year and shall become delinquent if not filed on or before the last day of that month. (2) The requirement to file the annual reconciliation return for the prior calendar year under this subdivision shall not apply to the 2012 calendar year and thereafter. (k) The requirement in subdivision (a) to file a quarterly return shall begin with the first calendar quarter of the 2011 calendar year. (l) The changes made to this section by Chapter 783 of the Statutes of 2012 shall apply on and after January 1, 2013. (Amended by Stats. 2015, Ch. 222, Sec. 7. (AB 1245) Effective January 1, 2016.)
  67. 13021.5.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 2. Withholding and Payment of Tax [13020 - 13031] ( Chapter 2 added by Stats. 1980, Ch. 1007, Sec. 64. )

    Verify source ↗

    This section defines several payment terms, including electronic funds transfer, automated clearinghouse, Fedwire, business day, settlement date, and cumulative average payment.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 2. Withholding and Payment of Tax [13020 - 13031] ( Chapter 2 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## 13021.5. (a) “Electronic funds transfer” means a transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, that is initiated through an electronic terminal, telephonic instrument, or computer or magnetic tape, so as to order, instruct, or authorize a financial institution to debit or credit an account. Electronic funds transfers shall be accomplished by an automated clearinghouse debit, an automated clearinghouse credit, Fedwire, or by other specific electronic funds transfer methods approved in advance by the department. (b) “Automated clearinghouse” means a federal reserve bank, or an organization established in agreement with the National Automated Clearing House Association, that operates as a clearinghouse for transmitting or receiving entries between banks and/or bank accounts and which authorizes an electronic transfer of funds between those banks or bank accounts. (c) “Automated clearinghouse debit” means a transaction in which the state, through its designated depository bank, originates an automated clearinghouse transaction debiting the employer’s bank account and crediting the state’s bank account for the amount of tax. Banking costs incurred for the automated clearinghouse debit transaction shall be paid by the state. (d) “Automated clearinghouse credit” means an automated clearinghouse transaction in which the employer, through its own bank, originates an entry crediting the state’s bank account and debiting its own bank account. Banking costs incurred for the automated clearinghouse credit transaction charged to the employer and to the state shall be paid by the employer. (e) “Fedwire” means a transaction originated by the employer and utilizing the national electronic payment system to transfer funds through the federal reserve banks, pursuant to which the employer debits its own bank account and credits the state’s bank account. Electronic funds transfer payments may be made by Fedwire only if prior approval is obtained from the department and payment cannot, for good cause, be made pursuant to subdivision (a). Banking costs incurred for the Fedwire transaction charged to the employer and to the state shall be paid by the employer. (f) “Business day” means any day other than a Saturday, Sunday, legal holiday as recognized by the Internal Revenue Service, statewide legal holiday as recognized by the State of California pursuant to Section 6700 of the Government Code, or a day in which the department is closed pursuant to Section 12b of the Code of Civil Procedure. (g) “Settlement date” means the date on which an exchange of funds with respect to an entry is reflected on the books of the Federal Reserve Bank. (h) For the purposes of Section 13021, the “cumulative average payment” means the cumulative dollar amount of deposits divided by the number of payments submitted during a given period. For the purposes of this section, the “cumulative average payment” may also be defined as a single annual deposit, when only one payment is made during the 12-month period ending June 30. (Amended by Stats. 2012, Ch. 783, Sec. 19. (AB 1845) Effective January 1, 2013.)
  68. 13022.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 2. Withholding and Payment of Tax [13020 - 13031] ( Chapter 2 added by Stats. 1980, Ch. 1007, Sec. 64. )

    Verify source ↗

    An employer may choose to round wages to the nearest dollar when calculating how much must be deducted and withheld under Section 13020.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 2. Withholding and Payment of Tax [13020 - 13031] ( Chapter 2 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## 13022. In determining the amount to be deducted and withheld under Section 13020, the wages may, at the election of the employer, be computed to the nearest dollar. (Added by Stats. 1980, Ch. 1007, Sec. 64. Operative July 1, 1981, by Sec. 67 of Ch. 1007.)
  69. 13023.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 2. Withholding and Payment of Tax [13020 - 13031] ( Chapter 2 added by Stats. 1980, Ch. 1007, Sec. 64. )

    Verify source ↗

    The department may, by regulation, allow employers to estimate quarterly wages and use that estimate to calculate and adjust wage withholding.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 2. Withholding and Payment of Tax [13020 - 13031] ( Chapter 2 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## 13023. The department may, by regulation, permit employers to estimate the wages which will be paid to any employee in any quarter of the calendar year, to determine the amount to be deducted and withheld upon each payment of wages to such employee during such quarter as if the appropriate average of the wages so estimated constituted the actual wages paid, and to deduct and withhold upon any payment of wages to such employee, during such quarter such amount as may be necessary to adjust the amount actually deducted and withheld upon the wages of such employee during such quarter to the amount that would be required to be deducted and withheld during such quarter if the payroll period of the employee were quarterly. (Added by Stats. 1980, Ch. 1007, Sec. 64. Operative July 1, 1981, by Sec. 67 of Ch. 1007.)
  70. 13024.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 2. Withholding and Payment of Tax [13020 - 13031] ( Chapter 2 added by Stats. 1980, Ch. 1007, Sec. 64. )

    Verify source ↗

    The department may, by authorized regulation, allow extra withholding beyond Section 13020 when the employer and employee agree.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 2. Withholding and Payment of Tax [13020 - 13031] ( Chapter 2 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## 13024. The department may provide by authorized regulation, under such conditions and to such extent as it deems proper, for withholding in addition to that otherwise required under Section 13020 in cases in which the employer and employee agree to such additional withholding. Such additional withholding shall for all purposes be considered a tax required to be deducted and withheld under this division. (Added by Stats. 1980, Ch. 1007, Sec. 64. Operative July 1, 1981, by Sec. 67 of Ch. 1007.)
  71. 13025.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 2. Withholding and Payment of Tax [13020 - 13031] ( Chapter 2 added by Stats. 1980, Ch. 1007, Sec. 64. )

    Verify source ↗

    An employer does not have to withhold tax on certain non-cash remuneration for a retail salesperson if the employer files the required information with the department.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 2. Withholding and Payment of Tax [13020 - 13031] ( Chapter 2 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## 13025. In the case of remuneration paid in any medium other than cash for services performed by an individual as a retail salesperson for a person where the service performed by such individual for such person is ordinarily performed for remuneration solely by way of cash commission an employer shall not be required to deduct or withhold any tax under this division with respect to such remuneration, if such employer files with the department such information with respect to such remuneration as the department may prescribe by regulation. (Added by Stats. 1980, Ch. 1007, Sec. 64. Operative July 1, 1981, by Sec. 67 of Ch. 1007.)
  72. 13026.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 2. Withholding and Payment of Tax [13020 - 13031] ( Chapter 2 added by Stats. 1980, Ch. 1007, Sec. 64. )

    Verify source ↗

    An employer generally does not have to withhold tax from wages if the employee has given the employer a valid withholding exemption certificate.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 2. Withholding and Payment of Tax [13020 - 13031] ( Chapter 2 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## 13026. An employer shall not be required to deduct and withhold any tax under this division upon a payment of wages (except wages exempt from federal income tax but not exempt under this division) to an employee if there is in effect with respect to such payment a withholding exemption certificate, in such form and containing such other information as the department may prescribe, furnished to the employer by the employee certifying that the employee— (a) Incurred no liability for federal income tax imposed under subtitle A of the Internal Revenue Code of 1954 for his or her preceding taxable year, and (b) Anticipates that he or she will incur no liability for federal income tax imposed under subtitle A of the Internal Revenue Code of 1954 for his or her current taxable year. (Added by Stats. 1980, Ch. 1007, Sec. 64. Operative July 1, 1981, by Sec. 67 of Ch. 1007.)
  73. 13027.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 2. Withholding and Payment of Tax [13020 - 13031] ( Chapter 2 added by Stats. 1980, Ch. 1007, Sec. 64. )

    Verify source ↗

    Employers may withhold tax on tip income only under the stated conditions, and not beyond the amount available from the employee’s wages and funds under the employer’s control.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 2. Withholding and Payment of Tax [13020 - 13031] ( Chapter 2 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## 13027. In the case of tips which constitute wages, subdivision (a) of Section 13020 shall be applicable only to such tips as are included in a written statement furnished to the employer pursuant to Section 13055, and only to the extent that the tax can be deducted and withheld by the employer, at or after the time such statement is so furnished and before the close of the calendar year in which such statement is furnished, from such wages of the employee (excluding tips, but including funds turned over by the employee to the employer for the purpose of such deduction and withholding) as are under the control of the employer. An employer who is furnished by an employee a written statement of tips (received in a calendar month) pursuant to Section 13055 to which paragraph (2) of subdivision (n) of Section 13009 is applicable may deduct and withhold the tax with respect to such tips from any wages of the employee (excluding tips) under his or her control, even though at the time such statement is furnished the total amount of the tips included in statements furnished to the employer as having been received by the employee in such calendar month in the course of his or her employment by the employer is less than twenty dollars ($20). Such tax shall not at any time be deducted and withheld in any amount which exceeds the aggregate of such wages and funds. (Added by Stats. 1980, Ch. 1007, Sec. 64. Operative July 1, 1981, by Sec. 67 of Ch. 1007.)
  74. 13028.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 2. Withholding and Payment of Tax [13020 - 13031] ( Chapter 2 added by Stats. 1980, Ch. 1007, Sec. 64. )

    Verify source ↗

    This section treats certain pensions, annuities, and other deferred income as wages for withholding, allows some elections about withholding, and requires the department to issue implementing regulations.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 2. Withholding and Payment of Tax [13020 - 13031] ( Chapter 2 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## 13028. (a) For purposes of this division (and so much of Part 10 (commencing with Section 17001) and Part 10.2 (commencing with Section 18401) of Division 2 of the Revenue and Taxation Code as relates to this division) pensions, annuities, and other deferred income, as described in Section 3405 of the Internal Revenue Code, are wages and subject to withholding under this division. Amounts withheld shall be treated as if the amounts are withheld by an employer for a payroll period and only amounts withheld shall be reported to the department pursuant to Section 1088 and Section 13021. (b) If an individual makes an election under Section 3405(a)(2) or Section 3405(b)(2) of the Internal Revenue Code not to have tax withheld, that election shall apply to withholding under this division, unless the individual elects, with the consent of the payer, to have those payments subject to withholding under this division. If an individual has not made an election under Section 3405(a)(2) or Section 3405(b)(2) of the Internal Revenue Code, that individual may elect to exclude those payments from withholding under this division. Elections provided in this subdivision shall be made pursuant to regulations of the director. (c) Where Section 3405 of the Internal Revenue Code provides that tables or other computational procedures shall be prescribed by the Secretary of the Treasury, for the purposes of this division, any of the following amounts may be withheld, upon election of the payer: (1) An amount determined by the method prescribed under Section 13020. (2) A designated dollar amount as requested by the payee. (3) Ten percent of the amount of federal withholding computed pursuant to Section 3405 of the Internal Revenue Code. (d) Where the amount of withholding computed pursuant to subdivision (c) is less than ten dollars ($10) per month, the payer shall not be required to withhold that amount. (e) This section shall not apply to pensions, annuities, and other deferred income of payees with addresses outside this state, as shown on the most current records of the payer. (f) The department shall, in consultation with the affected payers and payees, issue regulations to implement this section. Those regulations shall provide for delay (but not beyond July 1, 1987) of the application of this section with respect to any payer or class of payers until that time as the payers are able to comply without undue hardship with the requirements of this section. In that case, no retroactive compliance shall be required. (Amended by Stats. 2002, Ch. 29, Sec. 17. Effective January 1, 2003.)
  75. 13028.1.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 2. Withholding and Payment of Tax [13020 - 13031] ( Chapter 2 added by Stats. 1980, Ch. 1007, Sec. 64. )

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    If the director thinks a nonresident may not pay tax, the director must tell the payer to withhold from certain payments, and the payer must do so. The director must also notify the payee and explain why withholding was ordered.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 2. Withholding and Payment of Tax [13020 - 13031] ( Chapter 2 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## 13028.1. If the director determines that nonpayment of tax by a nonresident under the income tax laws of this state may occur, the director shall notify the payer of payments described in subdivision (a) of Section 13028 that withholding shall be made from those payments. Upon notice from the director, the payer shall withhold from those payments as if they were subject to Section 13020. The director shall also notify the payee that withholding has been ordered pursuant to this section, and the reason for his or her determination that nonpayment of tax may occur. (Added by Stats. 1985, Ch. 159, Sec. 23. Effective July 8, 1985. Operative July 1, 1986, by Sec. 27 of Ch. 159.)
  76. 13028.5.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 2. Withholding and Payment of Tax [13020 - 13031] ( Chapter 2 added by Stats. 1980, Ch. 1007, Sec. 64. )

    Verify source ↗

    Supplemental unemployment compensation benefits are treated as wages for payroll-period purposes, and the section defines what counts as those benefits.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 2. Withholding and Payment of Tax [13020 - 13031] ( Chapter 2 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## 13028.5. (a) For purposes of this division (and so much of Part 10 (commencing with Section 17001) and Part 10.2 (commencing with Section 18401) of Division 2 of the Revenue and Taxation Code as relates to this division) any supplemental unemployment compensation benefit paid to an individual shall be treated as if it were a payment of wages by an employer to an employee for a payroll period. (b) For purposes of subdivision (a), “supplemental unemployment compensation benefits” means amounts which are paid to an employee, pursuant to a plan to which the employer is a party, because of an employee’s involuntary separation from employment (whether or not that separation is temporary), resulting directly from a reduction in force, the discontinuance of a plant or operation, or other similar conditions, but only to the extent those benefits are includable in the employee’s gross income. (Amended by Stats. 1993, Ch. 31, Sec. 72. Effective June 16, 1993. Operative January 1, 1994, by Sec. 83 of Ch. 31.)
  77. 13028.6.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 2. Withholding and Payment of Tax [13020 - 13031] ( Chapter 2 added by Stats. 1980, Ch. 1007, Sec. 64. )

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    This section treats certain sick pay like wages for withholding purposes when a valid request is in effect, and it sets how the request and withholding amount must be handled.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 2. Withholding and Payment of Tax [13020 - 13031] ( Chapter 2 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## 13028.6. (a) For purposes of this division (and so much of Part 10 (commencing with Section 17001) and Part 10.2 (commencing with Section 18401) of Division 2 of the Revenue and Taxation Code as relates to this division), any payment to an individual of sick pay which does not constitute wages (determined without regard to this subdivision), if at the time the payment is made a request that such sick pay be subject to withholding under this division is in effect, shall be treated as if it were a payment of wages by an employer to an employee for a payroll period. (b) For purposes of this subdivision, “sick pay” means any amount which satisfies both of the following: (1) Is paid to an employee pursuant to a plan to which the employer is a party. (2) Constitutes remuneration or a payment in lieu of remuneration for any period during which the employee is temporarily absent from work on account of sickness or personal injuries. (c) If a payee makes a request that any sick pay be subject to withholding under this chapter, the amount to be deducted and withheld under this chapter from any payment to which that request applies shall be an amount (not less than a minimum amount determined by the Franchise Tax Board) specified by the payee in that request. The amount deducted and withheld with respect to a payment which is greater or less than a full payment shall bear the same relation to the specified amount as that payment bears to a full payment. (1) A request that any sick pay be subject to withholding under this chapter shall satisfy all of the following: (A) Shall be made by the payee in writing to the person making the payments and shall contain the social security number of the payee. (B) Shall specify the amount to be deducted and withheld from each full payment. (C) Shall take effect with respect to payments made more than seven days after the date on which that request is furnished to the payer, or as the department shall by regulations prescribe. That request may be changed or terminated by furnishing to the person making the payments a written statement of change or termination which shall take effect in the same manner as provided in the preceding sentence. At the election of the payer, any such request (or statement of change or revocation) may take effect earlier than as provided in this subparagraph. (2) Any sick pay paid pursuant to a collective bargaining agreement between employee representatives and one or more employers which contains a provision specifying that this paragraph is to apply to sick pay paid pursuant to that agreement and contains a provision for determining the amount to be deducted and withheld from each payment of that sick pay as follows: (A) The requirement of paragraph (3) of subdivision (a) that a request for withholding be in effect shall not apply. (B) Except as provided in Section 13026, the amounts to be deducted and withheld under this chapter shall be determined in accordance with that agreement. The preceding sentence shall not apply with respect to sick pay paid pursuant to any agreement to any individual, unless the social security number of that individual is furnished to the payer and the payer is furnished with that information as is necessary to determine whether the payment is pursuant to the agreement and to determine the amount to be deducted and withheld. (Amended by Stats. 1993, Ch. 31, Sec. 73. Effective June 16, 1993. Operative January 1, 1994, by Sec. 83 of Ch. 31.)
  78. 13029.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 2. Withholding and Payment of Tax [13020 - 13031] ( Chapter 2 added by Stats. 1980, Ch. 1007, Sec. 64. )

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    The department may issue regulations allowing agreed withholding from certain non-wage employee payments and other payments.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 2. Withholding and Payment of Tax [13020 - 13031] ( Chapter 2 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## 13029. The department may by authorized regulations provide for withholding— (a) From remuneration for services performed by an employee for his or her employer which (without regard to this section) does not constitute wages, and (b) From any other type of payment with respect to which the department finds that withholding would be appropriate under the provisions of this division, if the employer and the employee, or in the case of any other type of payment the person making and the person receiving the payment, agree to the withholding. The agreement shall be made in the form and manner as the department may by authorized regulations provide. For purposes of this division (and so much of Part 10 (commencing with Section 17001) and Part 10.2 (commencing with Section 18401) of Division 2 of the Revenue and Taxation Code as relates to this division) remuneration or other payments with respect to which the agreement is made shall be treated as if they were wages paid by an employer to an employee to the extent that the remuneration is paid or other payments are made during the period for which the agreement is in effect. (Amended by Stats. 1993, Ch. 31, Sec. 74. Effective June 16, 1993. Operative January 1, 1994, by Sec. 83 of Ch. 31.)
  79. 13030.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 2. Withholding and Payment of Tax [13020 - 13031] ( Chapter 2 added by Stats. 1980, Ch. 1007, Sec. 64. )

    Verify source ↗

    This section tells employers how to calculate wage withholding when pay is not tied to a normal payroll period, and lets the department authorize an alternate method for very short periods.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 2. Withholding and Payment of Tax [13020 - 13031] ( Chapter 2 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## 13030. If wages are paid with respect to a period which is not a payroll period, the amount to be deducted and withheld shall be that applicable in the case of a miscellaneous payroll period containing a number of days, including Sundays and holidays, equal to the number of days in the period with respect to which such wages are paid. In any case in which wages are paid by an employer without regard to any payroll period or other period, the amount to be deducted and withheld shall be that applicable in the case of a miscellaneous payroll period containing a number of days equal to the number of days, including Sundays and holidays, which have elapsed since the date of the last payment of such wages by such employer during the calendar year, or the date of commencement of employment with such employer during such year, or January 1st of such year, whichever is the later. In any case in which the period of time described, or the time prescribed in the preceding sentence in respect of any wages, is less than one week, the department may by authorized regulation permit an employer, in computing the tax required to be deducted and withheld, to use the excess of the aggregate of the wages paid to the employee during the calendar week over the withholding exemption allowed by Section 13020 for a weekly payroll period. (Added by Stats. 1980, Ch. 1007, Sec. 64. Operative July 1, 1981, by Sec. 67 of Ch. 1007.)
  80. 13031.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 2. Withholding and Payment of Tax [13020 - 13031] ( Chapter 2 added by Stats. 1980, Ch. 1007, Sec. 64. )

    Verify source ↗

    This section treats remuneration as wages if it meets the stated payroll-period test, and treats it as not wages if it fails that test.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 2. Withholding and Payment of Tax [13020 - 13031] ( Chapter 2 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## 13031. If the remuneration paid by an employer to an employee for services performed during one-half or more of any payroll period of not more than 31 consecutive days constitutes wages, all the remuneration paid by such employer to such employee for such period shall be deemed to be wages, but if the remuneration paid by an employer to an employee for services performed during more than one-half of any such payroll period does not constitute wages, then none of the remuneration paid by such employer to such employee for such period shall be deemed to be wages. (Added by Stats. 1980, Ch. 1007, Sec. 64. Operative July 1, 1981, by Sec. 67 of Ch. 1007.)
  81. 13040.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 3. Withholding Exemptions [13040 - 13043] ( Chapter 3 added by Stats. 1980, Ch. 1007, Sec. 64. )

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    Employers must use the employee’s exemption certificate to determine withholding exemptions. If the certificate does not show marital status, the employee is treated as unmarried. No withholding exemptions are allowed until a new certificate is filed after the department notifies the employer in writing.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 3. Withholding Exemptions [13040 - 13043] ( Chapter 3 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## 13040. (a) An employer shall use the exemption certificate filed by the employee with the employer in such form and containing such information as the department may prescribe, for determining the number of withholding exemptions to be allowed in computing the tax required to be deducted and withheld under Section 13020. However, if the employer cannot determine the employee’s marital status from the exemption certificate the employee shall be considered unmarried. (b) No withholding exemptions shall be allowed until the employee files a new withholding exemption certificate if the department finds that the withholding exemption certificate filed under this division does not properly reflect the number of exemptions allowable and so advises the employer in writing. (Added by Stats. 1980, Ch. 1007, Sec. 64. Operative July 1, 1981, by Sec. 67 of Ch. 1007.)
  82. 13041.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 3. Withholding Exemptions [13040 - 13043] ( Chapter 3 added by Stats. 1980, Ch. 1007, Sec. 64. )

    Verify source ↗

    Withholding exemptions are calculated based on the persons claimed in a current withholding exemption certificate; if no certificate is in effect, the claimed number is zero.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 3. Withholding Exemptions [13040 - 13043] ( Chapter 3 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## 13041. The number and amount of withholding exemptions allowed shall be based upon the persons claimed in a withholding exemption certificate in effect under Section 13040, except that if no such certificate is in effect, the number of withholding exemptions claimed shall be considered to be zero. (Added by Stats. 1980, Ch. 1007, Sec. 64. Operative July 1, 1981, by Sec. 67 of Ch. 1007.)
  83. 13042.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 3. Withholding Exemptions [13040 - 13043] ( Chapter 3 added by Stats. 1980, Ch. 1007, Sec. 64. )

    Verify source ↗

    A new withholding exemption certificate generally applies starting with the first wage payment on or after the first status determination date at least 30 days after it is furnished, unless the employer chooses an earlier effective date.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 3. Withholding Exemptions [13040 - 13043] ( Chapter 3 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## 13042. A new withholding exemption certificate filed under this division in cases in which a previous certificate was in effect shall take effect with respect to the first payment of wages made on or after the first status determination date which occurs at least 30 days from the date on which such certificate is so furnished, except that at the election of the employer such certificate may be made effective with respect to any payment of wages made on or after the date on which such certificate is so furnished. For purposes of this section, “status determination date,” means January 1, May 1, July 1, and October 1, of each year. (Added by Stats. 1980, Ch. 1007, Sec. 64. Operative July 1, 1981, by Sec. 67 of Ch. 1007.)
  84. 13043.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 3. Withholding Exemptions [13040 - 13043] ( Chapter 3 added by Stats. 1980, Ch. 1007, Sec. 64. )

    Verify source ↗

    Employers must withhold the prescribed tax amount when paying wages in specified situations, and may use certain alternate methods for withholding from supplemental wages and stock-option or bonus payments.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 3. Withholding Exemptions [13040 - 13043] ( Chapter 3 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## 13043. (a) The amount to be deducted and withheld under this division shall be prescribed pursuant to Section 18663 of the Revenue and Taxation Code when a payment of wages is made to an employee by an employer in any of the following cases: (1) With respect to a payroll period or other period, any part of which is included in a payroll period or other period with respect to which wages are also paid to the employee by the employer. (2) Without regard to any payroll period or other period, but on or prior to the expiration of a payroll period or other period with respect to which wages are also paid to the employee by the employer. (3) With respect to a period beginning in one and ending in another calendar year. (4) Through an agent, fiduciary, or other person who also has the control, receipt, custody, or disposal of, or pays, the wages payable by another employer to the employee. (b) For purposes of this section, an employee’s remuneration may consist of wages paid for a payroll period and supplemental wages. Supplemental wages include, but are not limited to, bonus payments, overtime payments, commissions, sales awards, back pay including retroactive wage increases, and reimbursements for nondeductible moving expenses that are paid for the same or different period, or without regard to a particular period. (c) When any supplemental wages are paid subsequent to the payment of regular wages, the employer may determine the personal income tax to be withheld from supplemental wages paid by (1) using a flat percentage rate pursuant to subdivision (b) of Section 18663 of the Revenue and Taxation Code without allowance for exemptions and credits and without reference to any regular payment of wages, or (2) adding the supplemental wages to the regular wages paid the employee and computing the personal income tax to be withheld on the whole amount (the computed tax minus the tax withheld from the regular wages shall be withheld from the supplemental wages). Where supplemental wages are paid at the same time as regular wages, the personal income tax to be withheld shall be computed on the total of the supplemental and regular wages and shall be determined as if the total of the supplemental wages and the regular wages constituted a single wage payment for the regular payroll period. (d) For stock options and bonus payments that constitute wages paid on or after January 1, 2002, the employer may determine the personal income tax to be withheld from the stock options and bonus payments paid by either (1) using a flat percentage rate pursuant to subdivision (c) of Section 18663 of the Revenue and Taxation Code, without allowance for exemptions and credits and without reference to any regular payment of wages, or (2) adding the stock options and bonus payments to the regular wages paid the employee and computing the personal income tax to be withheld on the whole amount (the computed tax minus the tax withheld from the regular wages shall be withheld from the stock options and bonus payments). Where the stock options and bonus payments are paid at the same time as regular wages, the personal income tax to be withheld shall be computed on the total of the stock options and bonus payments and regular wages, and shall be determined as if the total of the stock options and bonus payments and the regular wages constituted a single wage payment for the regular payroll period. (Amended by Stats. 2002, Ch. 488, Sec. 13. Effective September 12, 2002.)
  85. 13050.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 4. Reports, Returns, and Statements [13050 - 13059] ( Chapter 4 added by Stats. 1980, Ch. 1007, Sec. 64. )

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    Certain employers and sick-pay payers must give written statements with specified wage/withholding information by the stated deadlines.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 4. Reports, Returns, and Statements [13050 - 13059] ( Chapter 4 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## 13050. (a) Every employer or person required to deduct and withhold from an employee a tax under Section 986, 3260, or 13020, or who would have been required to deduct and withhold a tax under Section 13020 (determined without regard to Section 13025) if the employee had claimed no more than one withholding exemption, shall furnish to each employee in respect of the remuneration paid by the person to the employee during the calendar year, on or before January 31 of the succeeding year, or, if his or her employment is terminated before the close of the calendar year, on the day on which the last payment of remuneration is made, a written statement showing all of the following: (1) The name of the person. (2) The name of the employee, and his or her social security or identifying number if wages have been paid. (3) The total amount of wages subject to personal income tax, as defined by Section 13009.5. (4) The total amount deducted and withheld as tax under Section 13020. (5) The total amount of worker contributions paid by the employee pursuant to Section 986. (6) The total amount of worker contributions paid by the employee pursuant to Section 3260. (7) The total amount of elective deferrals (within the meaning of Section 402(g)(3) of the Internal Revenue Code) and compensation deferred pursuant to Section 457 of the Internal Revenue Code. (b) The statement required to be furnished pursuant to this section in respect of any remuneration shall be furnished at other times, shall contain other information, and shall be in a form, as the department may by authorized regulations prescribe. (c) If, during any calendar year, any person makes a payment of third-party sick pay to an employee, that person shall, on or before January 15 of the succeeding year, furnish a written statement to the employer in respect of whom the payment was made showing all of the following: (1) The name and, if there is withholding under this division, the social security number of that employee. (2) The total amount of the third-party sick pay paid to that employee during the calendar year. (3) The total amount, if any, deducted and withheld from that sick pay under this division. For purposes of the preceding sentence, the term “third-party sick pay” means any sick pay, as defined in subdivision (b) of Section 13028.6, which does not constitute wages for purposes of this division, determined without regard to subdivision (a) of Section 13028.6. (A) For purposes of Chapter 10 (commencing with Section 2101) of Part 1 of Division 1, the statements required to be furnished by this subdivision shall be treated as statements required under this section to be furnished to employees. (B) Every employer who receives a statement under this subdivision with respect to sick pay paid to any employee during any calendar year shall, on or before January 31 of the succeeding year, furnish a written statement to that employee showing all of the information shown on the statement furnished under this subdivision. (d) The Franchise Tax Board shall be allowed access to the information filed with the department pursuant to this section. (Amended by Stats. 2010, Ch. 719, Sec. 63. (SB 856) Effective October 19, 2010.)
  86. 13052.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 4. Reports, Returns, and Statements [13050 - 13059] ( Chapter 4 added by Stats. 1980, Ch. 1007, Sec. 64. )

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    A person or employer covered by Section 13050 must not give an employee a false or fraudulent statement, or fail to give the required statement properly and on time; each failure can trigger a $50 penalty unless there is reasonable cause.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 4. Reports, Returns, and Statements [13050 - 13059] ( Chapter 4 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## 13052. Any person or employer required under Section 13050 to furnish a statement to an employee who furnishes a false or fraudulent statement, or who fails to furnish a statement in the manner, at the time, and showing the information required under Section 13050, or regulations prescribed thereunder, shall for each such failure, unless due to reasonable cause, pay a penalty of fifty dollars ($50). The penalty shall be assessed and collected in the same manner as the tax. (Added by Stats. 1980, Ch. 1007, Sec. 64. Operative July 1, 1981, by Sec. 67 of Ch. 1007.)
  87. 13052.5.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 4. Reports, Returns, and Statements [13050 - 13059] ( Chapter 4 added by Stats. 1980, Ch. 1007, Sec. 64. )

    Verify source ↗

    If a person or entity fails to report amounts paid for personal services on time, it may owe a penalty calculated under subdivision (b).

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 4. Reports, Returns, and Statements [13050 - 13059] ( Chapter 4 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## 13052.5. (a) In addition to the penalty imposed by Section 19183 of the Revenue and Taxation Code (relating to failure to file information returns), if any person, or entity fails to report amounts paid as remuneration for personal services as required under Section 13050 of this code or Section 6041A of the Internal Revenue Code on the date prescribed thereof (determined with regard to any extension of time for filing), that person or entity may be liable for a penalty determined under subdivision (b). (b) For purposes of subdivision (a), the amount determined under this subdivision is the maximum rate under Section 17041 of the Revenue and Taxation Code multiplied by the unreported amounts paid as remuneration for personal services. (c) The penalty imposed by subdivision (a) shall be assessed against that person or entity required to file a return under Section 13050 of this code or Section 6041A of the Internal Revenue Code. (d) The penalty imposed under this section shall be in lieu of the penalty imposed under Section 19175 of the Revenue and Taxation Code. In the event that a penalty is imposed under both this section and Section 19175 of the Revenue and Taxation Code, only the penalty imposed under this section shall apply. (e) The penalty imposed by this section may be assessed in lieu of, or in addition to, the penalty imposed by Section 13052 with respect to the failure to furnish a withholding statement to an employee. (Amended by Stats. 2017, Ch. 117, Sec. 11. (AB 1695) Effective January 1, 2018.)
  88. 13055.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 4. Reports, Returns, and Statements [13050 - 13059] ( Chapter 4 added by Stats. 1980, Ch. 1007, Sec. 64. )

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    Employees who receive tips treated as wages must report those tips to their employer in writing by the 10th day after the month ends.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 4. Reports, Returns, and Statements [13050 - 13059] ( Chapter 4 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## 13055. Every employee who, in the course of his or her employment by an employer, receives in any calendar month tips which are wages shall report all such tips in one or more written statements furnished to his or her employer on or before the 10th day following such month. Such statements shall be furnished by the employee under such authorized regulations, at such other times before such 10th day, and in such form and manner as may be prescribed by the department. (Added by Stats. 1980, Ch. 1007, Sec. 64. Operative July 1, 1981, by Sec. 67 of Ch. 1007.)
  89. 13056.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 4. Reports, Returns, and Statements [13050 - 13059] ( Chapter 4 added by Stats. 1980, Ch. 1007, Sec. 64. )

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    When regulations require certain returns, reports, statements, or other documents, the filing person or employer must include the prescribed identifying number, and related persons must provide it. The department may require information needed to assign an identifying number.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 4. Reports, Returns, and Statements [13050 - 13059] ( Chapter 4 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## 13056. (a) When required by authorized regulations prescribed by the department: (1) Any person or employer required under the authority of this division to make a return, report, statement, or other document shall include in the return, report, statement, or other document the identifying number as may be prescribed for securing proper identification of the person. (2) Any person with respect to whom a return, report, statement, or other document is required under the authority of this division to be made by another person shall furnish to the other person the identifying number as may be prescribed for securing his or her proper identification. (3) Any person or employer required under the authority of this division to make a return, report, statement, or other document with respect to another person shall request from the other person, and shall include in the return, report, statement, or other document, the identifying number as may be prescribed for securing proper identification of the other person. (b) (1) Except as provided in paragraph (2), a return or report of any person with respect to his or her liability for tax, or any statement or other document in support thereof, shall not be considered for purposes of paragraphs (2) and (3) of subdivision (a) as a return, report, statement, or other document with respect to another person. (2) For purposes of paragraphs (2) and (3) of subdivision (a), a return or report of an estate or trust with respect to its liability for tax, and any statement or other document in support thereof, shall be considered as a return, report, statement, or other document with respect to each beneficiary of the estate or trust. (c) For purposes of this section, the department is authorized to require the information that may be necessary to assign an identifying number to any person. (Amended by Stats. 1994, Ch. 1049, Sec. 31. Effective January 1, 1995.)
  90. 13057.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 4. Reports, Returns, and Statements [13050 - 13059] ( Chapter 4 added by Stats. 1980, Ch. 1007, Sec. 64. )

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    A person required to provide an identifying number under regulations must pay a $5 penalty for each failure to comply without good cause.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 4. Reports, Returns, and Statements [13050 - 13059] ( Chapter 4 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## 13057. (a) If any person who is required by regulations prescribed under Section 13056 to provide a required identifying number fails without good cause to comply with that requirement at the time prescribed by the regulations, the person shall pay a penalty of five dollars ($5) for each failure: (1) To include his or her identifying number in any return, report, statement, or other document. (2) To furnish his or her identifying number to another person. (3) To include in any return, report, statement, or other document made with respect to another person the identifying number of the other person. (4) To furnish any other agency’s taxpayer identification number. (b) The penalty under this section shall be assessed and collected in the same manner as the tax. (Amended by Stats. 1994, Ch. 1049, Sec. 32. Effective January 1, 1995.)
  91. 13058.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 4. Reports, Returns, and Statements [13050 - 13059] ( Chapter 4 added by Stats. 1980, Ch. 1007, Sec. 64. )

    Verify source ↗

    Required tax-related returns, reports, statements, and similar documents must include or be verified by a written declaration under penalty of perjury, and they must be filed with the department.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 4. Reports, Returns, and Statements [13050 - 13059] ( Chapter 4 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## 13058. Except as otherwise provided by the department, any return, report, statement, or other document required to be made under any provision of this division or authorized regulations shall contain, or be verified by, a written declaration that it is made under the penalty of perjury. The returns, reports, and all other returns, reports, statements, or other documents or copies thereof required by this division, shall be in the form as the department may from time to time prescribe, and shall be filed with the department. The department shall prepare blank forms for the returns, reports, declarations, statements, or other documents and shall distribute them throughout the state and furnish them upon application. Failure to receive or secure the form does not relieve any employer or person from making any return, report, statement, or other document required. (Amended by Stats. 1994, Ch. 1049, Sec. 33. Effective January 1, 1995.)
  92. 13059.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 4. Reports, Returns, and Statements [13050 - 13059] ( Chapter 4 added by Stats. 1980, Ch. 1007, Sec. 64. )

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    If the Governor declares a state of emergency, the director may extend filing deadlines for returns, reports, and statements under this chapter.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 4. Reports, Returns, and Statements [13050 - 13059] ( Chapter 4 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## 13059. If the Governor declares a state of emergency, the director may extend the time requirements for filing returns, reports, and statements required by this chapter. The extension granted by the director pursuant to this section shall only apply to employers prevented by the conditions giving rise to the state of emergency from timely filing their returns, reports, and statements of wages or timely payment of the taxes due. (Added by Stats. 1993, Ch. 402, Sec. 7. Effective January 1, 1994.)
  93. 13070.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 5. Collections [13070 - 13077] ( Chapter 5 added by Stats. 1980, Ch. 1007, Sec. 64. )

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    Employers are liable for payment of the withholding tax and are not liable to any person for that payment amount.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 5. Collections [13070 - 13077] ( Chapter 5 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## 13070. (a) The employer shall be liable for the payment of the tax required to be deducted and withheld under Section 13020, and shall not be liable to any person for the amount of such payment. (b) Whenever any employer or person has withheld any amount pursuant to this division, the amount so withheld shall be held to be a special fund in trust for the State of California. (Added by Stats. 1980, Ch. 1007, Sec. 64. Operative July 1, 1981, by Sec. 67 of Ch. 1007.)
  94. 13071.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 5. Collections [13070 - 13077] ( Chapter 5 added by Stats. 1980, Ch. 1007, Sec. 64. )

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    If an employer fails to withhold tax as required, the tax generally is not collected from the employer if the related tax is later paid or reported, but the employer still remains liable for applicable penalties and additions to tax.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 5. Collections [13070 - 13077] ( Chapter 5 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## 13071. If the employer, in violation of the provisions of this division, fails to deduct and withhold the tax under this division, and thereafter the tax against which the tax may be credited is paid or the taxpayer reports to the Franchise Tax Board the wages or gross income against which the tax would have been imposed, the tax so required to be deducted and withheld shall not be collected from the employer, but this section shall in no case relieve the employer from liability for any penalties or additions to the tax otherwise applicable with respect to the failure to deduct and withhold. (Amended by Stats. 1993, Ch. 402, Sec. 8. Effective January 1, 1994.)
  95. 13072.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 5. Collections [13070 - 13077] ( Chapter 5 added by Stats. 1980, Ch. 1007, Sec. 64. )

    Verify source ↗

    The department may serve notice and require specified holders of a taxpayer’s property to withhold amounts owed and send them to the department.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 5. Collections [13070 - 13077] ( Chapter 5 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## 13072. The department may by notice, served personally or by first-class mail, require any employer, person, officer or department of the state, political subdivision or agency of the state, including the Regents of the University of California, a city organized under a freeholders’ charter, or a political body not a subdivision or agency of the state, having in their possession, or under their control, any credits or other personal property or other things of value, belonging to a taxpayer or to an employer or person who has failed to withhold and transmit amounts due pursuant to Section 13070 or 13073 to withhold, from such credits or other personal property or other things of value, the amount of any tax, interest, or penalties due from the taxpayer or the amount of any liability incurred by such employer or person for failure to withhold and transmit amounts due from a taxpayer and to transmit the amount withheld to the department at such times as it may designate. (Added by Stats. 1980, Ch. 1007, Sec. 64. Operative July 1, 1981, by Sec. 67 of Ch. 1007.)
  96. 13073.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 5. Collections [13070 - 13077] ( Chapter 5 added by Stats. 1980, Ch. 1007, Sec. 64. )

    Verify source ↗

    An employer or person who is served notice under Section 13072 must withhold the amount due from a taxpayer and transmit it to the department, or be liable for those amounts.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 5. Collections [13070 - 13077] ( Chapter 5 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## 13073. Any employer or person failing to withhold the amount due from any taxpayer and to transmit the same to the department after service of a notice pursuant to Section 13072 is liable for such amounts. (Added by Stats. 1980, Ch. 1007, Sec. 64. Operative July 1, 1981, by Sec. 67 of Ch. 1007.)
  97. 13074.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 5. Collections [13070 - 13077] ( Chapter 5 added by Stats. 1980, Ch. 1007, Sec. 64. )

    Verify source ↗

    Employers or other required withholding agents must comply with withholding requirements without going to court, and they are generally not liable to the person from whom tax was withheld unless the withheld amount is refunded to the withholding agent.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 5. Collections [13070 - 13077] ( Chapter 5 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## 13074. Any employer or person required to withhold and transmit any amount pursuant to this division shall comply with the requirement without resort to any legal or equitable action in a court of law or equity. Any employer or person paying to the department any amount required by it to be withheld is not liable therefor to the person from whom withheld unless the amount withheld is refunded to the withholding agent. (Added by Stats. 1980, Ch. 1007, Sec. 64. Operative July 1, 1981, by Sec. 67 of Ch. 1007.)
  98. 13075.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 5. Collections [13070 - 13077] ( Chapter 5 added by Stats. 1980, Ch. 1007, Sec. 64. )

    Verify source ↗

    A notice to withhold served on the state must be made on the state agency owing the obligation before that agency submits the payment claim to the State Controller, unless the section expressly exempts the service.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 5. Collections [13070 - 13077] ( Chapter 5 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## 13075. Whenever, under any provision of this division, service is authorized upon the state of any notice to withhold, unless expressly exempted from the provisions of this section, such service to be effective must, in addition to any other requirements, be made on the state agency owing the obligation prior to the time such agency presents the claim for payment thereof to the State Controller. (Added by Stats. 1980, Ch. 1007, Sec. 64. Operative July 1, 1981, by Sec. 67 of Ch. 1007.)
  99. 13076.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 5. Collections [13070 - 13077] ( Chapter 5 added by Stats. 1980, Ch. 1007, Sec. 64. )

    Verify source ↗

    When the employer is a government entity listed here, the wage-withholding return may be filed by an officer or employee who controls the wage payment or is designated for that purpose.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 5. Collections [13070 - 13077] ( Chapter 5 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## 13076. If the employer is the United States, or this state, or any political subdivision thereof, including the Regents of the University of California, a city organized under a freeholders’ charter, or any agency or instrumentality of any one or more of the foregoing, the return of the amount deducted and withheld upon any wages may be made by any officer or employee of the United States, or of such state, city organized under a freeholders’ charter, or political subdivision, or of such agency or instrumentality, as the case may be, having control of the payment of such wages, or appropriately designated for that purpose. (Added by Stats. 1980, Ch. 1007, Sec. 64. Operative July 1, 1981, by Sec. 67 of Ch. 1007.)
  100. 13077.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 5. Collections [13070 - 13077] ( Chapter 5 added by Stats. 1980, Ch. 1007, Sec. 64. )

    Verify source ↗

    Certain lenders, sureties, or other non-employers may become liable to the State of California for unpaid wage-withholding taxes, plus interest, in specified situations.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 5. Collections [13070 - 13077] ( Chapter 5 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## 13077. (a) For purposes of Sections 13020 and 13070, if a lender, surety, or other person, who is not an employer under such sections with respect to an employee or group of employees, pays wages directly to such an employee or group of employees, employed by one or more employers, or to an agent on behalf of such employee or employees, such lender, surety, or other person shall be liable in his or her own person and estate to the State of California in a sum equal to the taxes (together with interest) required to be deducted and withheld from such wages by such employer. (b) If a lender, surety, or other person supplies funds to or for the account of an employer for the specific purpose of paying wages of the employees of such employer, with actual notice or knowledge that such employer does not intend to or will not be able to make timely payment or deposit of the amounts of tax required by this part to be deducted and withheld by such employer from such wages, such lender, surety, or other person shall be liable in his or her own person and estate to the State of California in a sum equal to the taxes (together with interest) which are not paid over to the State of California by such employer with respect to such wages. However, the liability of such lender, surety, or other person shall be limited to an amount equal to 25 percent of the amount so supplied to or for the account of such employer for such purpose. (c) Any amounts paid to the State of California pursuant to this section shall be credited against the liability of the employer. (Added by Stats. 1980, Ch. 1007, Sec. 64. Operative July 1, 1981, by Sec. 67 of Ch. 1007.)
  101. 131.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 1. General Provisions [100 - 144] ( Chapter 1 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. General Definitions [125 - 144] ( Article 2 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    This section defines “contributions” as money payments to certain unemployment-related funds that are required by this division.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 1. General Provisions [100 - 144] ( Chapter 1 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. General Definitions [125 - 144] ( Article 2 enacted by Stats. 1953, Ch. 308. ) ## 131. “Contributions” means the money payments to the Unemployment Fund, Employment Training Fund, or Unemployment Compensation Disability Fund which are required by this division. (Amended by Stats. 1983, Ch. 1169, Sec. 1. Note: The amendment by Stats. 2003, Ch. 673, did not take effect because Ch. 673 was rejected as referendum Proposition 72 at the November 2, 2004, election.)
  102. 13101.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 6. Violations [13101- 13101.] ( Chapter 6 added by Stats. 1980, Ch. 1007, Sec. 64. )

    Verify source ↗

    If an individual makes certain false or unsupported withholding statements that reduce amounts withheld, the individual must pay a $500 penalty, and the department may waive all or part of that penalty in some cases.

    ## Unemployment Insurance Code - UIC ## DIVISION 6. WITHHOLDING TAX ON WAGES [13000 - 13101] ( Division 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## CHAPTER 6. Violations [13101- 13101.] ( Chapter 6 added by Stats. 1980, Ch. 1007, Sec. 64. ) ## 13101. (a) In addition to any criminal penalty provided by law, if any individual makes a statement under Section 13040, 13041, or 13042 which results in a decrease in the amounts deducted and withheld under this division, and as of the time the statement was made, there was no reasonable basis for the statement, the individual shall pay a penalty of five hundred dollars ($500) for the statement. (b) The department may waive, in whole or in part, the penalty imposed under subdivision (a) if the taxes imposed with respect to the individual under Part 10 (commencing with Section 17001) of Division 2 of the Revenue and Taxation Code for the taxable year are equal to or less than the sum of both of the following: (1) The credits against those taxes allowed by Sections 17052.1 through 17053.7 and Section 19002. (2) The payments of estimated tax which are considered payments on account of those taxes. (c) Article 11 (commencing with Section 1221) of Chapter 4 of Part 1, relating to administrative appellate review, shall not apply to the assessment or collection of any penalty imposed by subdivision (a). (d) This section shall apply to acts and failures to act after December 31, 1981. (Amended by Stats. 1993, Ch. 31, Sec. 77. Effective June 16, 1993. Operative January 1, 1994, by Sec. 83 of Ch. 31.)
  103. 1326.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. Filing, Determination, and Payment of Unemployment Compensation Benefit Claims [1326 - 1345] ( Heading of Article 3 amended by Stats. 1953, Ch. 1294. )

    Verify source ↗

    Benefit claims must follow the director’s authorized regulations, and the department must promptly pay eligible claims or promptly deny ineligible ones, except as otherwise provided in this article.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. Filing, Determination, and Payment of Unemployment Compensation Benefit Claims [1326 - 1345] ( Heading of Article 3 amended by Stats. 1953, Ch. 1294. ) ## 1326. Claims for unemployment compensation benefits shall be made in accordance with authorized regulations of the director. Except as otherwise provided in this article, the department shall promptly pay benefits if it finds the claimant is eligible or shall promptly deny benefits if it finds the claimant is ineligible. (Amended by Stats. 1979, Ch. 373.)
  104. 1326.5.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. Filing, Determination, and Payment of Unemployment Compensation Benefit Claims [1326 - 1345] ( Heading of Article 3 amended by Stats. 1953, Ch. 1294. )

    Verify source ↗

    An individual must file a continued claim within 14 days of the relevant date to keep eligibility for continued claims, unless the department finds good cause for a delay.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. Filing, Determination, and Payment of Unemployment Compensation Benefit Claims [1326 - 1345] ( Heading of Article 3 amended by Stats. 1953, Ch. 1294. ) ## 1326.5. An individual shall, to maintain his or her eligibility to file continued claims during a continuous period of unemployment, submit a continued claim not more than 14 days from the end of the last week’s ending date shown on the continued claim, or not more than 14 days from the date the department issued that continued claim, whichever is later, unless the department finds good cause for the individual’s delay in submitting the continued claim. An unemployed individual may not be disqualified for unemployment compensation benefits solely on the basis that the continued claim was submitted 15 to 21 days, inclusive, from the end of the last week’s ending date shown on the continued claim, or 15 to 21 days inclusive, from the date the department issued that continued claim, whichever is later. (Amended by Stats. 2015, Ch. 303, Sec. 521. (AB 731) Effective January 1, 2016.)
  105. 1326.8.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. Filing, Determination, and Payment of Unemployment Compensation Benefit Claims [1326 - 1345] ( Heading of Article 3 amended by Stats. 1953, Ch. 1294. )

    Verify source ↗

    The department must request any personal identification information needed from the claimant under this part, using the most recent NIST SP 800-63 standards.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. Filing, Determination, and Payment of Unemployment Compensation Benefit Claims [1326 - 1345] ( Heading of Article 3 amended by Stats. 1953, Ch. 1294. ) ## 1326.8. The department shall request any personal identification information required from the claimant under this part in accordance with the most recent federal National Institute of Standards and Technology Special Publication 800-63 standards, relating to technical requirements for implementing digital identity services, and as those standards may be amended or updated from time to time. (Added by Stats. 2021, Ch. 510, Sec. 3. (AB 56) Effective January 1, 2022.)
  106. 1327.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. Filing, Determination, and Payment of Unemployment Compensation Benefit Claims [1326 - 1345] ( Heading of Article 3 amended by Stats. 1953, Ch. 1294. )

    Verify source ↗

    The department must notify the last employer of a new or additional unemployment claim, and the notified employer must send any known facts affecting eligibility within 10 days, with possible extensions for good cause.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. Filing, Determination, and Payment of Unemployment Compensation Benefit Claims [1326 - 1345] ( Heading of Article 3 amended by Stats. 1953, Ch. 1294. ) ## 1327. The department shall give a notice of the filing of a new or additional claim to the employing unit by which the claimant was last employed immediately preceding the filing of the claim unless the additional claim is the result of the filing of a partial claim as defined by the department, there has not been a subsequent employing unit which is designated as the last employer, and there is no separation issue. The employing unit so notified shall submit within 10 days after the mailing of the notice any facts then known that may affect the claimant’s eligibility for benefits, including, but not limited to, facts pertaining to eligibility under Section 1256. The 10-day period may be extended for good cause. If after the 10-day period the employing unit acquires knowledge of facts that may affect the eligibility of the claimant and facts could not reasonably have been known within the period, the employing unit shall, within 10 days of acquiring the knowledge, submit the facts to the department, and the 10-day period may also be extended for good cause. (Amended by Stats. 2001, Ch. 409, Sec. 7. Effective January 1, 2002.)
  107. 1328.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. Filing, Determination, and Payment of Unemployment Compensation Benefit Claims [1326 - 1345] ( Heading of Article 3 amended by Stats. 1953, Ch. 1294. )

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    The department must decide benefit eligibility and promptly notify the claimant and certain employers; the employing unit must send new eligibility facts within 10 days, and the claimant and employer may appeal within 30 days.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. Filing, Determination, and Payment of Unemployment Compensation Benefit Claims [1326 - 1345] ( Heading of Article 3 amended by Stats. 1953, Ch. 1294. ) ## 1328. (a) The department shall consider the facts submitted by an employer pursuant to Section 1327 and make a determination as to the claimant’s eligibility for benefits. The department shall promptly notify the claimant and any employer who before the determination has submitted facts or given notice pursuant to Section 1327 or this section and authorized regulations of the determination or reconsidered determination and the reasons therefor. If, after notice of a determination or reconsidered determination, the employing unit acquires knowledge of facts that may affect the eligibility of the claimant and those facts could not reasonably have been known within the 10-day period provided by Section 1327, the employing unit shall within 10 days of acquiring that knowledge submit those facts to the department, and the 10-day period may be extended for good cause. The claimant and the employer may appeal from a determination or reconsidered determination to an administrative law judge within 30 days from service of notice of the determination or reconsidered determination. The 30-day period may be extended for good cause, which shall include, but not be limited to, mistake, inadvertence, surprise, or excusable neglect. The director shall be an interested party to any appeal. (b) This section shall become operative on July 1, 2015. (Amended by Stats. 2022, Ch. 67, Sec. 23. (SB 191) Effective June 30, 2022.)
  108. 1329.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. Filing, Determination, and Payment of Unemployment Compensation Benefit Claims [1326 - 1345] ( Heading of Article 3 amended by Stats. 1953, Ch. 1294. )

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    The department must promptly compute benefit amounts when a new claim is filed and notify the claimant; it must also notify the claimant’s base period employers at the specified times.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. Filing, Determination, and Payment of Unemployment Compensation Benefit Claims [1326 - 1345] ( Heading of Article 3 amended by Stats. 1953, Ch. 1294. ) ## 1329. (a) Upon the filing of a new claim for benefits, the department shall promptly make a computation on the claim that shall set forth the maximum amount of benefits potentially payable during the benefit year, and the weekly benefit amount. The department shall promptly notify the claimant of the computation and the method of computation. The department shall promptly notify each of the claimant’s base period employers of the computation after the payment of the first weekly benefit. (b) The department shall promptly notify each of the claimant’s base period employers of the computation on the claim that shall set forth the number of weeks that the claimant will be eligible for benefits in the benefit year, the weekly benefit amount, and the maximum amount of benefits potentially payable during the benefit year, based on a determination of eligibility under Article 1.5 (commencing with Section 1266). (Amended by Stats. 2010, Ch. 678, Sec. 4. (AB 2364) Effective January 1, 2011.)
  109. 1329.1.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. Filing, Determination, and Payment of Unemployment Compensation Benefit Claims [1326 - 1345] ( Heading of Article 3 amended by Stats. 1953, Ch. 1294. )

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    A claim for unemployment compensation benefits may be canceled if the claimant has not been found ineligible, overpaid, or paid benefits, and the claimant asks to cancel during the relevant benefit period.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. Filing, Determination, and Payment of Unemployment Compensation Benefit Claims [1326 - 1345] ( Heading of Article 3 amended by Stats. 1953, Ch. 1294. ) ## 1329.1. A claim for unemployment compensation benefits may be canceled if all of the following apply: (a) The individual has not been deemed ineligible for unemployment compensation benefits. (b) The individual has not been overpaid unemployment compensation benefits. (c) The individual has not been paid unemployment compensation benefits. (d) The individual requests to cancel the claim during the benefit year of that claim, or in the case of a claim for federal-state extended duration benefits, during the extended duration period of that claim. (Amended by Stats. 2012, Ch. 783, Sec. 9. (AB 1845) Effective January 1, 2013.)
  110. 1329.5.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. Filing, Determination, and Payment of Unemployment Compensation Benefit Claims [1326 - 1345] ( Heading of Article 3 amended by Stats. 1953, Ch. 1294. )

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    For certain unemployment benefit claims, the department uses available wage information, may request missing wage data from the employer, and must accept a claimant affidavit if the wage data is not received.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. Filing, Determination, and Payment of Unemployment Compensation Benefit Claims [1326 - 1345] ( Heading of Article 3 amended by Stats. 1953, Ch. 1294. ) ## 1329.5. For purposes of a claim for unemployment benefits under subdivision (b) of Section 1275, all of the following apply: (a) Computation using the last four completed calendar quarters shall be based on available wage information processed as of the close of business on the day preceding the date of application. (b) If the wage information is not already in the department’s system, the department shall request the information from the employer, and the employer shall, within 10 days after the mailing of the request from the department, transmit to the department information on the employee’s wages and any other information relevant to the request. The 10-day period may be extended for good cause. (c) If the wage, and other relevant information, requested pursuant to subdivision (b) are not received by the department, the department shall accept an affidavit of wages and other relevant information from the claimant in accordance with authorized regulations. These regulations shall be adopted as emergency regulations. (d) A determination of benefits made pursuant to subdivision (b) of Section 1275 shall be adjusted when the quarterly wage report from the employer is received if that information causes a change in the determination. (e) Except in the event of fraud, if it is determined that any information provided by the claimant on an affidavit is erroneous, no penalty or refund of benefits shall be imposed on the claimant for the period prior to the calendar week in which an employer provides subsequent wage information. (Added by Stats. 2009, 3rd Ex. Sess., Ch. 23, Sec. 6. (AB 29 3x) Effective January 25, 2010.)
  111. 133.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 1. General Provisions [100 - 144] ( Chapter 1 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. General Definitions [125 - 144] ( Article 2 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    Unless otherwise provided, “department” means the Employment Development Department.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 1. General Provisions [100 - 144] ( Chapter 1 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. General Definitions [125 - 144] ( Article 2 enacted by Stats. 1953, Ch. 308. ) ## 133. Except as otherwise provided, “department” means the Employment Development Department, which also may be referred to as the Department of Employment Development. (Amended by Stats. 1974, Ch. 503.)
  112. 133.5.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 1. General Provisions [100 - 144] ( Chapter 1 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. General Definitions [125 - 144] ( Article 2 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    This section defines “Department of Benefit Payments” and “State Department of Benefit Payments” to mean the Employment Development Department.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 1. General Provisions [100 - 144] ( Chapter 1 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. General Definitions [125 - 144] ( Article 2 enacted by Stats. 1953, Ch. 308. ) ## 133.5. “Department of Benefit Payments” or “State Department of Benefit Payments” shall be construed to refer to and mean the Employment Development Department. (Added by Stats. 1977, Ch. 1252.)
  113. 1330.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. Filing, Determination, and Payment of Unemployment Compensation Benefit Claims [1326 - 1345] ( Heading of Article 3 amended by Stats. 1953, Ch. 1294. )

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    Claimants and base period employers may protest a computation or recomputation notice within 30 days, with possible extension for good cause.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. Filing, Determination, and Payment of Unemployment Compensation Benefit Claims [1326 - 1345] ( Heading of Article 3 amended by Stats. 1953, Ch. 1294. ) ## 1330. (a) The claimant and any base period employer to whom a notice of computation or recomputation is given may, within 30 days after the service of the notice, protest the accuracy of the computation or recomputation. The 30-day period may be extended for good cause. The department shall consider this protest and shall promptly notify the claimant and the base period employer submitting the protest of the recomputation or denial of recomputation. An appeal may be taken from a notice of denial of recomputation in the manner prescribed in Section 1328. The director shall be an interested party to any appeal. (b) “Good cause,” as used in this section, shall include, but not be limited to, mistake, inadvertence, surprise, or excusable neglect. (c) This section shall become operative on July 1, 2015. (Amended by Stats. 2022, Ch. 67, Sec. 24. (SB 191) Effective June 30, 2022.)
  114. 1331.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. Filing, Determination, and Payment of Unemployment Compensation Benefit Claims [1326 - 1345] ( Heading of Article 3 amended by Stats. 1953, Ch. 1294. )

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    Base period employers and employing units must send certain eligibility-related facts to the department within set deadlines; the department must decide and notify the parties, and an appeal may be taken.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. Filing, Determination, and Payment of Unemployment Compensation Benefit Claims [1326 - 1345] ( Heading of Article 3 amended by Stats. 1953, Ch. 1294. ) ## 1331. Any base period employer shall, within 15 days after mailing of a notice of computation, submit to the department any facts then known which he or she was not previously required to submit to the department under Section 1327 which may affect the claimant’s eligibility for benefits. The 15-day period may be extended for good cause. If after such 15-day period the employing unit acquires knowledge of facts which may affect the eligibility of the claimant and such facts could not reasonably have been known within the period, the employing unit shall, within 10 days of acquiring such knowledge, submit such facts to the department. The 10-day period may be extended for good cause. The department shall make a determination or reconsidered determination thereon and shall promptly notify the claimant and the base period employer submitting the facts of the determination or reconsidered determination and the reasons therefor. An appeal may be taken in the manner prescribed in Section 1328. The director shall be an interested party to any appeal. (Amended by Stats. 1979, Ch. 456.)
  115. 1332.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. Filing, Determination, and Payment of Unemployment Compensation Benefit Claims [1326 - 1345] ( Heading of Article 3 amended by Stats. 1953, Ch. 1294. )

    Verify source ↗

    The department must promptly notify claimants and certain employers of eligibility determinations, may use several service methods, and must reissue notice if it learns the notice was not received. The department may also reconsider determinations and recomputations for good cause within stated time limits.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. Filing, Determination, and Payment of Unemployment Compensation Benefit Claims [1326 - 1345] ( Heading of Article 3 amended by Stats. 1953, Ch. 1294. ) ## 1332. (a) The department shall promptly serve notice of any determination of eligibility for benefits under this part or Part 3 (commencing with Section 3501) or Part 4 (commencing with Section 4001) of this division on the claimant and on any employer or employing unit which prior to this determination has furnished the department with information regarding the claimant’s eligibility pursuant to Sections 1327 and 1331. Service may be made personally, electronically, by mail, or in any other manner the department elects. Unless a notice is personally served, service shall be deemed completed on the date on which the notice is sent, mailed, or emailed. If a notice is personally served, service shall be deemed completed on the date on which the notice is delivered. Failure to serve this notice shall not affect the determination of eligibility. (1) “Notice” is that notification which apprises the party of a determination of eligibility and allows that party to respond accordingly. (2) If the department is or should be aware that the notice was not received by the party to whom it was addressed, including, but not limited to, the return to the department of the notice by the United States Post Office, the department shall reissue the notice at such time as the department can determine a corrected mailing address for the affected party or otherwise ensure receipt. The affected party shall have appeal rights pursuant to subdivisions (b) and (c), and pursuant to Section 1328. (b) The department may for good cause reconsider any determination within 15 days after an appeal to an administrative law judge is filed. If no appeal is filed, the department may for good cause reconsider any determination within 30 days after service of the notice of determination. The department may, if a claimant has not filed an appeal to an administrative law judge from any determination that finds that a claimant is ineligible or disqualified, or if an appeal has been filed but is either withdrawn or dismissed, for good cause also reconsider the determination during the benefit year or extended duration period or extended benefit period to which the determination relates. The department shall give notice of any reconsidered determination to the claimant and any employer or employing unit that received notice under Sections 1328 and 1331 and the claimant or employer may appeal therefrom in the manner prescribed in Section 1328. The director shall designate individuals to review and reconsider appealed determinations. No individual designated shall be the same individual who made the initial determination in the same matter. (c) The department may for good cause reconsider any computation or recomputation provided for in this article during the benefit year or extended duration period to which the notice of computation or recomputation relates, except that no recomputation may be considered with respect to any issue considered or under consideration in an appeal taken from a denial of recomputation. The department shall promptly notify the claimant and each of the claimant’s base period employers of the recomputation. The claimant and any base period employer may protest the accuracy of the recomputation as prescribed in Section 1330. (d) This section shall become operative on July 1, 2015. (Amended by Stats. 2022, Ch. 67, Sec. 25. (SB 191) Effective June 30, 2022.)
  116. 1332.5.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. Filing, Determination, and Payment of Unemployment Compensation Benefit Claims [1326 - 1345] ( Heading of Article 3 amended by Stats. 1953, Ch. 1294. )

    Verify source ↗

    Time limits that would stop the department from reconsidering a determination, ruling, or computation do not apply in cases of fraud, misrepresentation, or willful nondisclosure.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. Filing, Determination, and Payment of Unemployment Compensation Benefit Claims [1326 - 1345] ( Heading of Article 3 amended by Stats. 1953, Ch. 1294. ) ## 1332.5. Notwithstanding any other provision of this division any provision that prescribes time limits within which the department may reconsider any determination, ruling, or computation or any provision that otherwise restricts or prevents such reconsideration, shall not apply in any case of fraud, misrepresentation or willful nondisclosure. (Amended by Stats. 1977, Ch. 1252.)
  117. 1333.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. Filing, Determination, and Payment of Unemployment Compensation Benefit Claims [1326 - 1345] ( Heading of Article 3 amended by Stats. 1953, Ch. 1294. )

    Verify source ↗

    Notices, protests, and required information under this article must be submitted according to authorized regulations.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. Filing, Determination, and Payment of Unemployment Compensation Benefit Claims [1326 - 1345] ( Heading of Article 3 amended by Stats. 1953, Ch. 1294. ) ## 1333. Notices, protests, and information required under this article shall be submitted in accordance with authorized regulations. (Enacted by Stats. 1953, Ch. 308.)
  118. 1334.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. Filing, Determination, and Payment of Unemployment Compensation Benefit Claims [1326 - 1345] ( Heading of Article 3 amended by Stats. 1953, Ch. 1294. )

    Verify source ↗

    An administrative law judge must decide an appealed unemployment claim after a fair hearing, notify the parties in writing, and the decision becomes final unless a further appeal is started within 30 days.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. Filing, Determination, and Payment of Unemployment Compensation Benefit Claims [1326 - 1345] ( Heading of Article 3 amended by Stats. 1953, Ch. 1294. ) ## 1334. (a) An administrative law judge after affording a reasonable opportunity for fair hearing, shall, unless the appeal is withdrawn, affirm, reverse, modify, or set aside any determination that is appealed under this article. The claimant, the employer becoming a party to the appeal by submitting a protest or information pursuant to Sections 1326 to 1333, inclusive, of this article, and the director shall be promptly notified in writing of the administrative law judge’s decision, together with reasons for it. The decision shall be final unless, within 30 days after mailing of the decision, further appeal is initiated to the appeals board pursuant to Section 1336. The 30-day limitation may be extended for good cause. (b) “Good cause,” as used in this section, shall include, but not be limited to, mistake, inadvertence, surprise, or excusable neglect. (c) This section shall become operative on July 1, 2015. (Repealed (in Sec. 11) and added by Stats. 2014, Ch. 399, Sec. 12. (SB 1314) Effective January 1, 2015. Section operative July 1, 2015, by its own provisions.)
  119. 1335.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. Filing, Determination, and Payment of Unemployment Compensation Benefit Claims [1326 - 1345] ( Heading of Article 3 amended by Stats. 1953, Ch. 1294. )

    Verify source ↗

    If an appeal is filed, unemployment benefits for the period before the final appeal decision are generally paid only after that decision, with exceptions that require prompt payment in certain situations.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. Filing, Determination, and Payment of Unemployment Compensation Benefit Claims [1326 - 1345] ( Heading of Article 3 amended by Stats. 1953, Ch. 1294. ) ## 1335. If an appeal is filed, benefits with respect to the period prior to the final decision on the appeal shall be paid only after the decision, except that: (a) If benefits for any week are payable in accordance with a determination by the department irrespective of any decision on the issues set forth in the appeal, such benefits shall be promptly paid regardless of such appeal. (b) If an administrative law judge affirms a determination allowing benefits, such benefits shall be promptly paid regardless of any appeal which may thereafter be taken, and regardless of any action taken under Section 1336 or otherwise by the director, appeals board, or other administrative body or by any court. If the determination is finally reversed, no employer’s account shall be charged with benefits paid because of that determination, except as provided in Section 1026, or if the department determines pursuant to Section 1026.1 that the employer’s reserve account should not be credited. (c) If benefits for any week are payable in accordance with a determination by the department, or an administrative law judge issues a decision allowing benefits, the benefits shall be promptly paid regardless of any appeal, and regardless of any action taken by the appeals board pursuant to Section 412 or 413. If the determination of the department or the decision of the administrative law judge is finally reversed, no employer’s reserve account shall be charged with benefits paid pursuant to this subdivision, except as provided in Section 1026 or if the department determines pursuant to Section 1026.1 that the employer’s reserve account should not be credited. (Amended by Stats. 2012, Ch. 783, Sec. 10. (AB 1845) Effective January 1, 2013.)
  120. 1336.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. Filing, Determination, and Payment of Unemployment Compensation Benefit Claims [1326 - 1345] ( Heading of Article 3 amended by Stats. 1953, Ch. 1294. )

    Verify source ↗

    The director or a party may appeal an administrative law judge’s decision to the appeals board, which may take additional evidence and change the decision, and must promptly notify the director and parties of its order or decision.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. Filing, Determination, and Payment of Unemployment Compensation Benefit Claims [1326 - 1345] ( Heading of Article 3 amended by Stats. 1953, Ch. 1294. ) ## 1336. The director or any party to a decision by an administrative law judge may appeal to the appeals board from the decision. The appeals board may order the taking of additional evidence and may affirm, reverse, modify, or set aside the decision of the administrative law judge. The appeals board shall promptly notify the director and the parties to any appeal of its order or decision. (Amended by Stats. 1984, Ch. 537, Sec. 29.)
  121. 1337.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. Filing, Determination, and Payment of Unemployment Compensation Benefit Claims [1326 - 1345] ( Heading of Article 3 amended by Stats. 1953, Ch. 1294. )

    Verify source ↗

    The appeals board must issue its appeal decision within 60 days, unless it needs more evidence. If more evidence is needed, it must start the hearing within 60 days after the appeal is submitted and mail the decision within 60 days after the hearing ends.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. Filing, Determination, and Payment of Unemployment Compensation Benefit Claims [1326 - 1345] ( Heading of Article 3 amended by Stats. 1953, Ch. 1294. ) ## 1337. The decision of the appeals board on an appeal from the decision of an administrative law judge must be rendered within 60 days after the submission of the appeal unless the board requires the taking of further evidence. If the appeals board requires the taking of further evidence, the hearing shall be commenced within 60 days after the submission of the appeal, and the decision of the board shall be mailed within 60 days after completion of the hearing. (Amended by Stats. 1985, Ch. 716, Sec. 3.)
  122. 1338.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. Filing, Determination, and Payment of Unemployment Compensation Benefit Claims [1326 - 1345] ( Heading of Article 3 amended by Stats. 1953, Ch. 1294. )

    Verify source ↗

    If the appeals board allows benefits, the benefits must be paid even if further administrative or court action is taken.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. Filing, Determination, and Payment of Unemployment Compensation Benefit Claims [1326 - 1345] ( Heading of Article 3 amended by Stats. 1953, Ch. 1294. ) ## 1338. If the appeals board issues a decision allowing benefits the benefits shall be paid regardless of any further action taken by the director, the appeals board, or any other administrative agency, and regardless of any appeal or mandamus, or other proceeding in the courts. If the decision of the appeals board is finally reversed or set aside, no employer’s account shall be charged with the benefits paid pursuant to this section, except as provided in Section 1026, or if the department determines pursuant to Section 1026.1 that the employer’s reserve account should not be credited. (Amended by Stats. 2012, Ch. 783, Sec. 11. (AB 1845) Effective January 1, 2013.)
  123. 1339.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. Filing, Determination, and Payment of Unemployment Compensation Benefit Claims [1326 - 1345] ( Heading of Article 3 amended by Stats. 1953, Ch. 1294. )

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    The department must pay unemployment benefits through public employment offices or another agency set by the director, and from January 1, 2024 must offer direct deposit as a payment option. Benefit checks or pay orders must also display a required statement about the benefits being paid for by employers.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. Filing, Determination, and Payment of Unemployment Compensation Benefit Claims [1326 - 1345] ( Heading of Article 3 amended by Stats. 1953, Ch. 1294. ) ## 1339. (a) (1) The department shall pay unemployment compensation benefits through public employment offices or such other agency as may be prescribed by authorized regulations of the director. (2) Beginning January 1, 2024, the department shall provide a person entitled to receive unemployment compensation benefits the option to receive payments by direct deposit, as regulated under the federal Electronic Fund Transfer Act (EFTA) (15 U.S.C. Sec. 1693 et seq.), into a qualifying account, as defined in subdivision (a) of Section 1339.1, of the recipient’s choice, in addition to other alternative disbursement payment methods, including, but not limited to, debit cards and checks. (b) Each check or certification (pay order) issued in payment of unemployment insurance compensation benefits shall have prominently imprinted upon it: “State unemployment insurance benefits under the California Unemployment Insurance Code are paid for by employers.” (Amended by Stats. 2021, Ch. 78, Sec. 11. (AB 138) Effective July 16, 2021.)
  124. 1339.1.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. Filing, Determination, and Payment of Unemployment Compensation Benefit Claims [1326 - 1345] ( Heading of Article 3 amended by Stats. 1953, Ch. 1294. )

    Verify source ↗

    Certain non-bank entities may not solicit, accept, or facilitate direct deposits of unemployment compensation benefits into non-qualifying accounts.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. Filing, Determination, and Payment of Unemployment Compensation Benefit Claims [1326 - 1345] ( Heading of Article 3 amended by Stats. 1953, Ch. 1294. ) ## 1339.1. (a) (1) Notwithstanding this part, if unemployment compensation benefit payments are directly deposited to an account of the recipient’s choice, as authorized under the federal Electronic Fund Transfer Act (EFTA) (15 U.S.C. Sec. 1693 et seq.), the payments may only be deposited to an account that meets the requirements of a qualifying account, as defined in paragraph (2), for deposit of public assistance payments, including unemployment compensation benefits. (2) For purposes of this section, a “qualifying account” is one of the following: (A) A demand deposit or savings account at an insured depository financial institution that is offered directly by the insured depository financial institution on its internet website or through its branches and that is in the name of the person entitled to receipt of public assistance payments. (B) A prepaid account, or a demand deposit or savings account offered by, or through, an entity other than an insured depository financial institution, that meets all of the following: (i) The account is held at an insured depository financial institution. (ii) The account is set up to meet the requirements for direct or passthrough deposit or share insurance payable to the person entitled to the receipt of public assistance payments by the Federal Deposit Insurance Corporation in accordance with Part 330 of Title 12 of the Code of Federal Regulations, or the National Credit Union Share Insurance Fund in accordance with Part 745 of Title 12 of the Code of Federal Regulations. (iii) The account is not attached to a credit or overdraft feature that is automatically repaid from the account unless the credit or overdraft feature has no fee, charge, or cost, whether direct, required, voluntary, or involuntary, or the credit or overdraft feature complies with the requirements for credit offered in connection with a prepaid account under the federal Truth in Lending Act (15 U.S.C. Sec. 1601 et seq.) and its implementing regulations. (iv) The account complies with all of the requirements, and provides the holder of the account with all of the consumer protections, that apply to an account under the rules implementing the EFTA. (3) A person or entity that is not an insured depository financial institution that offers, maintains, or manages an account that does not comply with paragraph (2) shall not solicit, accept, or facilitate the direct deposit of unemployment compensation benefit payments to the account. (b) The department has no obligation to determine whether an account at the insured depository financial institution of the recipient’s choice is a qualifying account, as described in subdivision (a). For purposes of this section, the department shall not be held liable for authorizing a direct deposit of unemployment compensation benefit payments into an account designated by the recipient that does not comply with paragraph (2) of subdivision (a). (c) For the purposes of this section, the following definitions shall apply: (1) “Insured depository financial institution” means a state or national bank, a state or federal savings and loan association, a mutual savings bank, or a state or federal credit union that holds deposits insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration. (2) “Prepaid account” has the same meaning as that term is defined in regulations under the EFTA. (Amended by Stats. 2021, Ch. 546, Sec. 2. (SB 497) Effective January 1, 2022.)
  125. 134.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 1. General Provisions [100 - 144] ( Chapter 1 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. General Definitions [125 - 144] ( Article 2 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    This section defines “director” as the Director of Employment Development, unless another provision says otherwise.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 1. General Provisions [100 - 144] ( Chapter 1 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. General Definitions [125 - 144] ( Article 2 enacted by Stats. 1953, Ch. 308. ) ## 134. Except as otherwise provided, “director” means the Director of Employment Development. (Amended by Stats. 1973, Ch. 1212, Sec. 74.)
  126. 134.1.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 1. General Provisions [100 - 144] ( Chapter 1 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. General Definitions [125 - 144] ( Article 2 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    “Director of Benefit Payments” means the Director of Employment Development.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 1. General Provisions [100 - 144] ( Chapter 1 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. General Definitions [125 - 144] ( Article 2 enacted by Stats. 1953, Ch. 308. ) ## 134.1. “Director of Benefit Payments” shall be construed to refer to and mean Director of Employment Development. (Added by Stats. 1977, Ch. 1252.)
  127. 134.5.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 1. General Provisions [100 - 144] ( Chapter 1 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. General Definitions [125 - 144] ( Article 2 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    “Disability fund” means the “Unemployment Compensation Disability Fund.”

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 1. General Provisions [100 - 144] ( Chapter 1 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. General Definitions [125 - 144] ( Article 2 enacted by Stats. 1953, Ch. 308. ) ## 134.5. “Disability fund” means the “Unemployment Compensation Disability Fund.” (Added by Stats. 1953, Ch. 1294.)
  128. 1340.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. Filing, Determination, and Payment of Unemployment Compensation Benefit Claims [1326 - 1345] ( Heading of Article 3 amended by Stats. 1953, Ch. 1294. )

    Verify source ↗

    Eligible minors may receive unemployment benefits in their own right, and a receipt signed by a minor is valid and binding.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. Filing, Determination, and Payment of Unemployment Compensation Benefit Claims [1326 - 1345] ( Heading of Article 3 amended by Stats. 1953, Ch. 1294. ) ## 1340. Minors who are eligible for benefits may be paid and receive benefits in their own right, and a receipt signed by a minor shall be valid and binding. (Enacted by Stats. 1953, Ch. 308.)
  129. 1341.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. Filing, Determination, and Payment of Unemployment Compensation Benefit Claims [1326 - 1345] ( Heading of Article 3 amended by Stats. 1953, Ch. 1294. )

    Verify source ↗

    The Director of Employment Development may pay certain unemployment benefits owed to a deceased or legally declared incompetent person to the person or persons the Director finds legally entitled, under authorized regulations.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. Filing, Determination, and Payment of Unemployment Compensation Benefit Claims [1326 - 1345] ( Heading of Article 3 amended by Stats. 1953, Ch. 1294. ) ## 1341. Benefits due a deceased or legally declared incompetent person may be paid to such person or persons as appears to the Director of Employment Development to be legally entitled thereto in accordance with authorized regulations of the Director of Employment Development. Such payment shall be made upon affidavit executed by the person or persons claiming to be entitled to the benefits and the receipt of the affidavit or affidavits shall fully discharge the Director of Employment Development from any further liability with reference to the payments, without the necessity of inquiring into the truth of any of the facts stated in the affidavit. (Amended by Stats. 1973, Ch. 1212, Sec. 178.)
  130. 1342.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. Filing, Determination, and Payment of Unemployment Compensation Benefit Claims [1326 - 1345] ( Heading of Article 3 amended by Stats. 1953, Ch. 1294. )

    Verify source ↗

    This section makes waivers of benefits or rights under the code invalid, limits assignment or release of certain unemployment-related payments, and voids agreements by employees to pay employer contributions.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. Filing, Determination, and Payment of Unemployment Compensation Benefit Claims [1326 - 1345] ( Heading of Article 3 amended by Stats. 1953, Ch. 1294. ) ## 1342. Any waiver by any person of any benefit or right under this code is invalid, except as provided by Sections 1255.7, 1342.1, 1345, and 2630. Benefits under this code, incentive payments provided by Division 2 (commencing with Section 5000), and payments to an individual under a plan or system established by an employer which makes provisions for his or her employees generally, or for a class or group of his or her employees, for the purpose of supplementing unemployment compensation benefits, are not subject to assignment, release, or commutation, except as provided by Sections 1255.7, 1342.1, 1345, and 2630. Any agreement by any individual in the employ of any person or concern to pay all or any portion of the contributions required of his or her employer under this division is void. (Amended by Stats. 1996, Ch. 1124, Sec. 5. Effective September 30, 1996.)
  131. 1342.1.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. Filing, Determination, and Payment of Unemployment Compensation Benefit Claims [1326 - 1345] ( Heading of Article 3 amended by Stats. 1953, Ch. 1294. )

    Verify source ↗

    People filing a new unemployment compensation claim must be told about federal income tax, estimated tax payments, optional withholding, and changing a prior withholding election.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. Filing, Determination, and Payment of Unemployment Compensation Benefit Claims [1326 - 1345] ( Heading of Article 3 amended by Stats. 1953, Ch. 1294. ) ## 1342.1. (a) An individual filing a new claim for unemployment compensation shall, at the time of filing the claim, be advised that: (1) Unemployment compensation and disability insurance benefits, when paid in lieu of unemployment compensation, are subject to federal income tax. (2) Requirements exist pertaining to estimated tax payments. (3) The individual may elect to have federal income tax deducted and withheld from the compensation at the amount specified in the Internal Revenue Code. (4) The individual is permitted to change a previously elected withholding status. (b) Amounts deducted and withheld from unemployment and disability compensation shall be made in accordance with procedures specified by the United States Department of Labor and Internal Revenue Service pertaining to the deducting and withholding of income tax, and in accordance with the priorities established in department regulations developed by the director. (Added by Stats. 1996, Ch. 1124, Sec. 6. Effective September 30, 1996.)
  132. 1345.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. Filing, Determination, and Payment of Unemployment Compensation Benefit Claims [1326 - 1345] ( Heading of Article 3 amended by Stats. 1953, Ch. 1294. )

    Verify source ↗

    An eligible person may authorize a voluntary plan benefit payment to be redirected to employee-paid benefits, but the request must be in writing and disability payments cannot be delayed because of the election.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 3. Filing, Determination, and Payment of Unemployment Compensation Benefit Claims [1326 - 1345] ( Heading of Article 3 amended by Stats. 1953, Ch. 1294. ) ## 1345. (a) An individual covered by a voluntary plan approved under Section 3254 may, at the time he or she applies for voluntary plan benefits or at any time while receiving voluntary plan benefits, voluntarily choose to allow his or her employer or an agent of the employer, appointed under Section 1096, to redirect a portion of the voluntary plan benefits payable under this code to cover all or part of the cost of employee-paid benefits, if both the following requirements are satisfied: (1) The individual has given written authorization for the redirection of a weekly dollar amount of voluntary plan benefits for the payment of the employee-paid benefits. (2) The individual may terminate or change the terms of the voluntary redirection of benefits paid at any time while receiving benefits under the voluntary plan. (b) Any request to redirect benefits as provided in subdivision (a) shall be in writing. The form of employee authorization required under this section shall be approved by the director. (c) In no event shall disability benefits payments be delayed because an individual elects to redirect a portion of his or her benefits payable under this division. (d) Should an individual be legally declared incompetent, the spouse of the individual, in the absence of any other legally authorized representative, shall have the right to continue or cancel the authorization. (Added by Stats. 1994, Ch. 960, Sec. 2. Effective January 1, 1995.)
  133. 135.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 1. General Provisions [100 - 144] ( Chapter 1 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. General Definitions [125 - 144] ( Article 2 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    This section defines “employing unit” and treats certain workers at an employer with two or more separate establishments in California as employed by a single employing unit, with an Indian tribe exception.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 1. General Provisions [100 - 144] ( Chapter 1 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. General Definitions [125 - 144] ( Article 2 enacted by Stats. 1953, Ch. 308. ) ## 135. (a) “Employing unit” means an individual or type of organization that has in its employ one or more individuals performing services for it within this state, and includes but is not limited to, the following individuals and organizations: (1) An individual or type of organization or public entity that elects coverage pursuant to any provision of this division. (2) A joint venture, partnership, association, trust, estate, joint stock company, insurance company, corporation whether domestic or foreign, limited liability company, whether domestic or foreign, community chest, fund, or foundation. (3) A public entity. As used in this section, “public entity” means the State of California (including the Trustees of the California State University), an instrumentality of this state (including the Regents of the University of California), a political subdivision of this state or any of its instrumentalities, a county, city, district (including the governing board of a school district or community college district, a county board of education, a county superintendent of schools, or a personnel commission of a school district or community college district that has a merit system pursuant to the Education Code), entities receiving state money to conduct county fairs and agricultural fairs pursuant to Sections 25905 and 25906 of the Government Code and that perform no other functions, a public authority, public agency, or public corporation of this state, an instrumentality of more than one of the foregoing, and an instrumentality of any of the foregoing and one or more other states or political subdivisions. (4) An instrumentality of the United States required to make payments under this division. (5) The receiver, trustee in bankruptcy, trustee or successor thereof, and the legal representative of a deceased person. (6) An Indian tribe as described by Section 3306(u) of Title 26 of the United States Code. (b) All individuals performing services within this state for an employing unit that maintains two or more separate establishments within this state shall be deemed to be employed by a single employing unit for all the purposes of this division. This subdivision does not apply to an Indian tribe (as described by Section 3306(u) of Title 26 of the United States Code) and the subdivisions, subsidiaries, or other business enterprises wholly owned by the Indian tribe if the tribe chooses to treat those subdivisions, subsidiaries, or other business enterprises as separate business entities for the purposes of Section 803. (Amended by Stats. 2015, Ch. 303, Sec. 508. (AB 731) Effective January 1, 2016.)
  134. 135.1.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 1. General Provisions [100 - 144] ( Chapter 1 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. General Definitions [125 - 144] ( Article 2 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    A business acquisition or reorganization does not create a new employing unit if control continues, and the employing unit is treated as the same employer for this code.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 1. General Provisions [100 - 144] ( Chapter 1 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. General Definitions [125 - 144] ( Article 2 enacted by Stats. 1953, Ch. 308. ) ## 135.1. (a) A new employing unit shall not be created when there is an acquisition or change in the form or organization of an existing business enterprise, or severable portion thereof, and there is a continuity of control of the business enterprise. (b) Control of a business enterprise may occur by means of ownership of the organization conducting the business enterprise, ownership of assets necessary to conduct the business enterprise, security arrangements or lease arrangements covering assets necessary to conduct the business enterprise, or a contract when the ownership, stated arrangements or contract provide for or allow direction of the internal affairs or conduct of the business enterprise. (c) A continuity of control will exist if one or more persons, entities, or other organizations controlling the business enterprise remains in control of the business enterprise after an acquisition or change in form. Evidence of continuity of control shall include, but not be limited to, changes of an individual proprietorship to a corporation, partnership, limited liability company, association, or estate; a partnership to an individual proprietorship, corporation, limited liability company, association, estate, or the addition, deletion, or change of partners; a limited liability company to an individual proprietorship, partnership, corporation, association, estate, or to another limited liability company; a corporation to an individual proprietorship partnership, limited liability company, association, estate, or to another corporation or from any form to another form. (d) An employing unit described in subdivision (a) shall continue to be the same employer for the purposes of this code as before the acquisition or change in form. (e) This section shall not modify the provisions of Article 2 (commencing with Section 1731) of Chapter 7. (f) This section shall be subject to subdivision (e) of Section 982 and subdivision (d) of Section 1127.5. (Amended by Stats. 1994, Ch. 1200, Sec. 80. Effective September 30, 1994.)
  135. 135.2.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 1. General Provisions [100 - 144] ( Chapter 1 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. General Definitions [125 - 144] ( Article 2 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    The director may decide that two or more business enterprises count as one employing unit when they are united by control, operation, and use.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 1. General Provisions [100 - 144] ( Chapter 1 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. General Definitions [125 - 144] ( Article 2 enacted by Stats. 1953, Ch. 308. ) ## 135.2. (a) If two or more business enterprises are united by factors of control, operation, and use, the director may determine that the business enterprises are one employing unit. (1) Control of a business enterprise shall include, but not be limited to, ownership of a majority interest in an organization, ownership of the assets used to conduct the business enterprise of the organization, security arrangements or lease arrangements regarding the assets used to conduct the business enterprise of the organization, or contract when the ownership, stated arrangements, or contract provide for or allow operation of the business enterprise. (2) Operation of the business enterprise, includes, but is not limited to, management, personnel policies, operating procedures, pricing, collections, and financing of the business enterprise. (3) Control of two or more business enterprises shall be united if the majority interest in, or control of, each organization is in one individual, entity, association, or other organization. (4) Unity of operation is evidenced by central financing, accounting, and management of each business enterprise which includes, but is not limited to, common management, personnel policies, operating procedures, pricing, collections, and financing. (5) The use of two or more business enterprises shall be united if they share a general system of operation and the enterprises are organized for common purposes, and each is coordinated with, or is a part of, the entire operation. (b) This section shall be subject to subdivision (e) of Section 982 and subdivision (d) of Section 1127.5. (Added by Stats. 1987, Ch. 548, Sec. 2.)
  136. 136.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 1. General Provisions [100 - 144] ( Chapter 1 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. General Definitions [125 - 144] ( Article 2 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    This section defines “Federal Unemployment Tax Act.”

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 1. General Provisions [100 - 144] ( Chapter 1 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. General Definitions [125 - 144] ( Article 2 enacted by Stats. 1953, Ch. 308. ) ## 136. “Federal Unemployment Tax Act” means Chapter 23 of Subtitle C of the Internal Revenue Code of 1954, or the corresponding provisions of any other federal act into which such provisions may hereafter be incorporated. (Amended by Stats. 1957, Ch. 1184.)
  137. 137.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 1. General Provisions [100 - 144] ( Chapter 1 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. General Definitions [125 - 144] ( Article 2 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    “Public employment office” means a free public employment office or branch operated by the state, or one maintained as part of a state-controlled system.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 1. General Provisions [100 - 144] ( Chapter 1 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. General Definitions [125 - 144] ( Article 2 enacted by Stats. 1953, Ch. 308. ) ## 137. “Public employment office” means a free public employment office or branch thereof operated by this State or maintained as a part of a state-controlled system of public employment offices. (Enacted by Stats. 1953, Ch. 308.)
  138. 1375.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Overpayments [1375 - 1384] ( Heading of Article 4 amended by Stats. 1955, Ch. 1153. )

    Verify source ↗

    A person overpaid unemployment benefits under this part is liable to repay the overpaid amount, unless a listed exception applies.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Overpayments [1375 - 1384] ( Heading of Article 4 amended by Stats. 1955, Ch. 1153. ) ## 1375. Any person who is overpaid any amount of benefits under this part is liable for the amount overpaid unless any of the following is applicable: (a) (1) The overpayment was not due to fraud, misrepresentation or willful nondisclosure on the part of the recipient, and (2) the overpayment was received without fault on the part of the recipient, and its recovery would be against equity and good conscience. (b) The person who received the overpayment cooperates with the department in an investigation that results in the assessment of a penalty under Section 1144 or the prosecution or other action taken to impose a penalty pursuant to Section 2121. (c) The department determines that it is in the interest of justice to waive all or part of the liability established under this section because the overpayment was a direct result of inducement, solicitation, or coercion on the part of the employer. (Amended by Stats. 1994, Ch. 1050, Sec. 3. Effective January 1, 1995.)
  139. 1375.1.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Overpayments [1375 - 1384] ( Heading of Article 4 amended by Stats. 1955, Ch. 1153. )

    Verify source ↗

    If the director finds a willful overpayment caused by false statements or withholding a material fact, the director must assess a penalty equal to 30% of the overpayment.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Overpayments [1375 - 1384] ( Heading of Article 4 amended by Stats. 1955, Ch. 1153. ) ## 1375.1. If the director finds that an individual has been overpaid unemployment compensation benefits because he or she willfully, for the purpose of obtaining unemployment compensation benefits, either made a false statement or representation, with actual knowledge of the falsity thereof, or withheld a material fact, the director shall assess against the individual an amount equal to 30 percent of the overpayment amount. Assessments collected under this section shall be deposited in the following manner: (a) For penalty assessments established prior to October 22, 2013, 100 percent of the overpayment penalty amount in the Benefit Audit Fund. (b) For penalty assessments established on or after October 22, 2013, as follows: (1) 50 percent of the overpayment penalty amount in the Unemployment Trust Fund. (2) 50 percent of the overpayment penalty amount in the Benefit Audit Fund. (Amended by Stats. 2012, Ch. 783, Sec. 12. (AB 1845) Effective January 1, 2013.)
  140. 1375.3.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Overpayments [1375 - 1384] ( Heading of Article 4 amended by Stats. 1955, Ch. 1153. )

    Verify source ↗

    An overpayment determination may not be based on certain Workmen’s Compensation Appeals Board lien decisions or settlement approvals.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Overpayments [1375 - 1384] ( Heading of Article 4 amended by Stats. 1955, Ch. 1153. ) ## 1375.3. No determination of overpayment shall be based upon the disallowance by the Workmen’s Compensation Appeals Board of a claim of lien filed under subdivision (g) of Section 4903 of the Labor Code, or the allowance of such lien for less than the amount claimed as a lien, or upon the approval by the said appeals board of a compromise and release agreement providing for the allowance of such lien in an amount less than the amount claimed as a lien. (Added by Stats. 1967, Ch. 1721.)
  141. 1375.5.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Overpayments [1375 - 1384] ( Heading of Article 4 amended by Stats. 1955, Ch. 1153. )

    Verify source ↗

    A lien claim filed with the Workmen’s Compensation Appeals Board is fully discharged when the allowed lien amount is paid, or when a compromise and release agreement approved by the board is paid as specified.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Overpayments [1375 - 1384] ( Heading of Article 4 amended by Stats. 1955, Ch. 1153. ) ## 1375.5. Any claim of lien filed with the Workmen’s Compensation Appeals Board under the provisions of Section 4903 of the Labor Code shall be fully discharged and satisfied by payment of the amount of such lien allowed by the said appeals board under the provisions of Section 4904 of said code or the amount specified in any compromise and release agreement filed and approved by the said appeals board pursuant to Sections 5000 through 5004 of said code. (Added by Stats. 1967, Ch. 1721.)
  142. 1375.7.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Overpayments [1375 - 1384] ( Heading of Article 4 amended by Stats. 1955, Ch. 1153. )

    Verify source ↗

    The director must find an overpayment when an elected official’s unemployment claim was based only on that job. A liable individual cannot get a waiver, and in certain multi-income claims the person must repay overpaid benefits after recomputation removes elected-official wage credits.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Overpayments [1375 - 1384] ( Heading of Article 4 amended by Stats. 1955, Ch. 1153. ) ## 1375.7. The director shall find that an individual has been overpaid unemployment benefits where the individual was an elected official and the individual’s unemployment insurance claim was based on income solely derived from his or her employment as an elected official. An individual who is liable pursuant to this section shall not be eligible for waiver of the overpayment pursuant to Section 1375. In the event of an unemployment insurance claim based on more than one source of income, if the base period of a new claim includes any wage credits earned as an elected official pursuant to Section 634.5, the individual shall be liable for any amount of unemployment insurance benefits overpaid as a result of a recomputation to remove the base period wage credits earned as an elected official. In that event, the provisions of Section 1375 shall not apply to this section with respect to the wage credits earned as an elected official. (Added by Stats. 2010, Ch. 222, Sec. 1. (SB 1211) Effective January 1, 2011.)
  143. 1376.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Overpayments [1375 - 1384] ( Heading of Article 4 amended by Stats. 1955, Ch. 1153. )

    Verify source ↗

    The Director of Employment Development must determine the overpayment amount and any authorized assessment, and notify the liable person of the basis for that determination.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Overpayments [1375 - 1384] ( Heading of Article 4 amended by Stats. 1955, Ch. 1153. ) ## 1376. The Director of Employment Development shall determine the amount of the overpayment and any assessment authorized under Section 1375.1 and shall notify the liable person of the basis of the overpayment determination. In the absence of fraud, misrepresentation, or willful nondisclosure, notice of the overpayment determination shall be served within the latest of the following periods: (a) Not later than one year after the close of the benefit year in which the overpayment was made. (b) Not later than six months after the date a backpay award was made. (Amended by Stats. 2022, Ch. 67, Sec. 26. (SB 191) Effective June 30, 2022.)
  144. 1377.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Overpayments [1375 - 1384] ( Heading of Article 4 amended by Stats. 1955, Ch. 1153. )

    Verify source ↗

    A person affected by a notice of overpayment may appeal to an administrative law judge within 30 days, and a further appeal to the appeals board is allowed within 30 days of the judge’s decision notification.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Overpayments [1375 - 1384] ( Heading of Article 4 amended by Stats. 1955, Ch. 1153. ) ## 1377. (a) Within 30 days from the date of mailing or serving of the notice of overpayment, the person affected may file an appeal to an administrative law judge. The director shall be an interested party to any such appeal. The administrative law judge, after affording reasonable opportunity for a fair hearing, shall, unless the appeal is withdrawn, affirm, reverse, modify, or set aside the findings set forth in the notice of overpayment. The party and the director shall be notified of the administrative law judge’s decision, together with his or her reasons therefor, which shall be final unless within 30 days from the date of notification or mailing of the decision a further appeal is initiated to the appeals board pursuant to Section 1336. The 30-day period for an appeal to the administrative law judge or to the appeals board may be extended for good cause. (b) “Good cause,” as used in this section, shall include, but not be limited to, mistake, inadvertence, surprise, or excusable neglect. (c) This section shall become operative on July 1, 2015. (Repealed (in Sec. 13) and added by Stats. 2014, Ch. 399, Sec. 14. (SB 1314) Effective January 1, 2015. Section operative July 1, 2015, by its own provisions.)
  145. 1378.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Overpayments [1375 - 1384] ( Heading of Article 4 amended by Stats. 1955, Ch. 1153. )

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    The Appeals Board must review appeals from overpayment determinations and decide how much, if any, should be recovered.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Overpayments [1375 - 1384] ( Heading of Article 4 amended by Stats. 1955, Ch. 1153. ) ## 1378. The Appeals Board shall review an appeal from an overpayment determination as provided in Sections 1336 and 1337 and determine what amount, if any, shall be recovered. (Amended by Stats. 1965, Ch. 266.)
  146. 1379.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Overpayments [1375 - 1384] ( Heading of Article 4 amended by Stats. 1955, Ch. 1153. )

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    The director may use several methods to recover unemployment benefit overpayments, including civil actions, summary judgment, reducing or vacating judgment, and offsets. The clerk must enter judgment when a certificate is filed.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Overpayments [1375 - 1384] ( Heading of Article 4 amended by Stats. 1955, Ch. 1153. ) ## 1379. The director, subject to this article, may do any or all of the following in the recovery of overpayments of unemployment compensation benefits: (a) File a civil action against the liable person for the recovery of the amount of the overpayment within one year after any of the following, or, in cases where the individual has been overpaid benefits due to fraud, misrepresentation, or nondisclosure as described in Section 1375.1, or where the director has found an overpayment pursuant to Section 1375.7, within three years of any of the following: (1) The service of the notice of overpayment determination if the person affected does not file an appeal to an administrative law judge. (2) The mailing of the decision of the administrative law judge if the person affected does not initiate a further appeal to the appeals board. (3) The date of the decision of the appeals board. (b) Initiate proceedings for a summary judgment against the liable person. However, this subdivision applies only where the director has found, pursuant to Section 1375, that the overpayment may not be waived because it was due to fraud, misrepresentation, or willful nondisclosure on the part of the recipient or where the director has found an overpayment pursuant to Section 1375.7. The director may, not later than three years after the overpayment became final, file with the clerk of the proper court in the county from which the overpayment of benefits was paid or in the county in which the claimant resides, a certificate containing all of the following: (1) The amount due, including any assessment made under Section 1375.1, plus interest from the date that the initial determination of overpayment was made pursuant to Section 1376. (2) A statement that the director has complied with all the provisions of this article prior to the filing of the certificate. (3) A request that judgment be entered against the liable person in the amount set forth in the certificate. The clerk, immediately upon the filing of the certificate, shall enter a judgment for the State of California against the liable person in the amount set forth in the certificate. For the purposes of this subdivision only, an overpayment is final and due and payable after any of the following: (A) The liable person has not filed an appeal pursuant to Section 1377. (B) The liable person has filed an appeal to the administrative law judge and a decision of an administrative law judge has become final. (C) The liable person has filed an appeal to the appeals board and the decision of the appeals board has become final because the liable person has not sought judicial review within the six-month period provided by Section 410. (c) Reduce or vacate a summary judgment by filing a certificate to that effect with the clerk of the proper court. (d) Offset the amount of the overpayment received by the liable person against any amount of benefits to which they may become entitled under this division within six years of the date of the service of the notice of overpayment determination. (Amended by Stats. 2022, Ch. 67, Sec. 27. (SB 191) Effective June 30, 2022.)
  147. 1379.5.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Overpayments [1375 - 1384] ( Heading of Article 4 amended by Stats. 1955, Ch. 1153. )

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    An abstract of judgment may be recorded with the county recorder, creating a lien that lasts 10 years unless released or discharged sooner.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Overpayments [1375 - 1384] ( Heading of Article 4 amended by Stats. 1955, Ch. 1153. ) ## 1379.5. An abstract of judgment obtained pursuant to subdivision (a) or (b) of Section 1379, or a copy thereof, may be recorded with the county recorder of any county. From the time of recording, the judgment shall constitute a lien against all real or personal property of the liable person in that county owned by the liable person at the time, or which the liable person may afterwards, but before the lien expires, acquire. The lien shall have the force, effect, and priority of a judgment lien and shall continue for 10 years from the time of recording of the abstract of judgment obtained pursuant to subdivision (a) or (b) of Section 1379, unless sooner released or otherwise discharged. The lien may, within 10 years from the date of recording of the abstract of judgment or within 10 years from the date of the last extension of the lien in the manner provided in this section, be extended by recording a new abstract in the office of the county recorder of any county. From the date of such recording, the lien shall be extended for 10 years unless sooner released or otherwise discharged. Execution shall issue upon such a judgment upon request of the director in the same manner as execution may issue upon other judgments. Sales shall be held under such execution as prescribed in the Code of Civil Procedure. In all proceedings under this section, the director or his or her authorized agents may act on behalf of the state. (Added by Stats. 1984, Ch. 1236, Sec. 2.)
  148. 1379.6.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Overpayments [1375 - 1384] ( Heading of Article 4 amended by Stats. 1955, Ch. 1153. )

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    When a recorded abstract has been fully satisfied, the department must file, serve, and record an acknowledgment of satisfaction of judgment. If an acknowledgment is recorded, the claimant must pay the recording cost. If payment is by check, the department does not have to act until the check clears.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Overpayments [1375 - 1384] ( Heading of Article 4 amended by Stats. 1955, Ch. 1153. ) ## 1379.6. (a) If an abstract has been recorded as provided in Section 1379.5, and the lien, including any interest, costs, and penalty, has been satisfied in full, the department shall, pursuant to Section 724.050 of the Code of Civil Procedure do all of the following: (1) File an acknowledgment of satisfaction of judgment with the court. (2) Serve an acknowledgment of satisfaction of judgment on the claimant. Service shall be made personally or by mail. (3) Record an acknowledgment of satisfaction of judgment in the office of the county recorder where the abstract of judgment is recorded. (b) If an acknowledgment of satisfaction of judgment is recorded, the cost of recording is an obligation of the claimant and may be collected from the claimant in any manner provided by law for the collection of benefit overpayments. (c) If payment is made by check, any action specified in subdivision (a) shall not be required until the check has been paid by the financial institution upon which it was drawn. (Added by Stats. 1989, Ch. 1010, Sec. 5.)
  149. 1380.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Overpayments [1375 - 1384] ( Heading of Article 4 amended by Stats. 1955, Ch. 1153. )

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    People are not liable for benefits received if those benefits were paid under certain administrative or appeals-board decisions, even if there is a further appeal. Employers’ experience rating accounts also cannot be charged for benefits that were paid by mistake or unlawfully, except as stated in Sections 1026 or 1144.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Overpayments [1375 - 1384] ( Heading of Article 4 amended by Stats. 1955, Ch. 1153. ) ## 1380. No person shall be liable for the amount of benefits received where the benefits were paid pursuant to an administrative law judge’s decision which affirmed an initial determination or in accordance with a final decision of the appeals board, regardless of any further appeal. An employer’s experience rating account shall not be charged with any benefits erroneously or unlawfully paid, except as provided in Section 1026 or 1144. (Amended by Stats. 1994, Ch. 1050, Sec. 4. Effective January 1, 1995.)
  150. 1381.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Overpayments [1375 - 1384] ( Heading of Article 4 amended by Stats. 1955, Ch. 1153. )

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    The director must collect judgments obtained under Section 1379(a) or (b), and collected amounts must generally be deposited back into the fund that paid the overpayment.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Overpayments [1375 - 1384] ( Heading of Article 4 amended by Stats. 1955, Ch. 1153. ) ## 1381. The director shall enforce collection of any judgment obtained by the director under subdivision (a) or (b) of Section 1379. Amounts collected under this section shall be deposited in the fund from which the overpayment was made, except that the amounts collected to offset the costs of collections shall be deposited in the Unemployment Administration Fund and the amounts collected pursuant to Section 1375.1 shall be deposited as specified in that section. (Amended by Stats. 2012, Ch. 783, Sec. 13. (AB 1845) Effective January 1, 2013.)
  151. 1382.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Overpayments [1375 - 1384] ( Heading of Article 4 amended by Stats. 1955, Ch. 1153. )

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    If a person gets both unemployment benefits and a wrongful-discharge backpay award or settlement reduced by those benefits, the person is not liable for the benefits amount. The employer must reimburse the Unemployment Fund, and a mediator or arbitrator involved in the settlement must report details to the department within 30 days.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Overpayments [1375 - 1384] ( Heading of Article 4 amended by Stats. 1955, Ch. 1153. ) ## 1382. No person shall be liable for the amount of benefits received for any period for which the person also received an award or settlement of backpay resulting from an action or grievance for wrongful discharge, if the amount of the backpay award or settlement was reduced by the amount of benefits received pursuant to this part. When the amount of the backpay award or settlement was reduced by the amount of benefits received, the employer shall pay to the Unemployment Fund an amount equal to the amount subtracted from the backpay award or settlement for benefits received by the person in order to reimburse the fund. When an individual has been awarded or receives backpay, the amount of the backpay shall constitute wages paid in the period for which it is awarded. A mediator or arbitrator who is a party to the backpay award or settlement shall, within 30 days of the settlement, report to the department the name and address of the employer, the amount of benefits by which the award or settlement was reduced, and the name and social security number of the person who received the award or settlement. (Added by Stats. 1983, Ch. 1035, Sec. 2.)
  152. 1383.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Overpayments [1375 - 1384] ( Heading of Article 4 amended by Stats. 1955, Ch. 1153. )

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    The Franchise Tax Board must help the department recover unemployment benefit overpayments, and this duty can continue for up to six years after the notice of overpayment determination is served.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Overpayments [1375 - 1384] ( Heading of Article 4 amended by Stats. 1955, Ch. 1153. ) ## 1383. Notwithstanding any other provision of law to the contrary, the Franchise Tax Board shall aid the department in the recovery of overpayments of unemployment compensation benefits pursuant to Section 1379 for up to six years after the date of the service of the notice of overpayment determination. (Amended by Stats. 2022, Ch. 67, Sec. 28. (SB 191) Effective June 30, 2022.)
  153. 1384.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Overpayments [1375 - 1384] ( Heading of Article 4 amended by Stats. 1955, Ch. 1153. )

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    The Controller must deposit benefit overpayment collections into the fund from which the overpayment was made, except amounts used to cover collection costs, which go to the Unemployment Administration Fund.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 5. Unemployment Compensation Benefits [1251 - 1384] ( Chapter 5 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 4. Overpayments [1375 - 1384] ( Heading of Article 4 amended by Stats. 1955, Ch. 1153. ) ## 1384. Amounts collected by the Controller for benefit overpayment accounts, pursuant to Section 12419.2 of the Government Code, shall be deposited in the fund from which the overpayment was made, except that the amounts collected to offset the costs of collections shall be deposited in the Unemployment Administration Fund. (Added by Stats. 1984, Ch. 1581, Sec. 3. Effective September 30, 1984.)
  154. 139.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 1. General Provisions [100 - 144] ( Chapter 1 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. General Definitions [125 - 144] ( Article 2 enacted by Stats. 1953, Ch. 308. )

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    “State” means the states of the United States, plus Puerto Rico, the Virgin Islands, and the District of Columbia.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 1. General Provisions [100 - 144] ( Chapter 1 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. General Definitions [125 - 144] ( Article 2 enacted by Stats. 1953, Ch. 308. ) ## 139. “State” includes the Commonwealth of Puerto Rico, the Virgin Islands, and the District of Columbia, as well as each of the states of the United States. (Amended by Stats. 1978, Ch. 2.)
  155. 14.

    ## Unemployment Insurance Code - UIC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1953, Ch. 308. )

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    In this section, “County” includes a city and county.

    ## Unemployment Insurance Code - UIC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1953, Ch. 308. ) ## 14. “County” includes city and county. (Enacted by Stats. 1953, Ch. 308.)
  156. 140.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 1. General Provisions [100 - 144] ( Chapter 1 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. General Definitions [125 - 144] ( Article 2 enacted by Stats. 1953, Ch. 308. )

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    This section defines “unemployment compensation benefits” as benefits payable under Part 1 of the division.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 1. General Provisions [100 - 144] ( Chapter 1 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. General Definitions [125 - 144] ( Article 2 enacted by Stats. 1953, Ch. 308. ) ## 140. “Unemployment compensation benefits” refers to benefits payable under Part 1 of this division. (Enacted by Stats. 1953, Ch. 308.)
  157. 140.5.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 1. General Provisions [100 - 144] ( Chapter 1 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. General Definitions [125 - 144] ( Article 2 enacted by Stats. 1953, Ch. 308. )

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    “Unemployment compensation disability benefits” means certain money payments payable under Part 2.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 1. General Provisions [100 - 144] ( Chapter 1 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. General Definitions [125 - 144] ( Article 2 enacted by Stats. 1953, Ch. 308. ) ## 140.5. “Unemployment compensation disability benefits” or “disability benefits” refers to money payments payable under Part 2 (commencing with Section 2601) to either of the following: (a) An eligible unemployed individual with respect to his or her wage losses due to unemployment as a result of illness or other disability, resulting in that individual being unavailable or unable to work. (b) An eligible individual with respect to his or her wage losses who is unable to work due to caring for a seriously ill or injured family member or bonding with a minor child within one year of the birth or placement of the child in connection with foster care or adoption. (Amended by Stats. 2003, Ch. 797, Sec. 3. Effective January 1, 2004.)
  158. 14000.

    ## Unemployment Insurance Code - UIC ## DIVISION 7. CALIFORNIA WORKFORCE INNOVATION AND OPPORTUNITY ACT [14000 - 14531] ( Heading of Division 7 amended by Stats. 2015, Ch. 94, Sec. 3. ) ## CHAPTER 1. General Provisions [14000 - 14004.5] ( Chapter 1 added by Stats. 2001, Ch. 111, Sec. 24. )

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    This section says California’s workforce investment system should be responsive, data-driven, partnership-based, accountable, and accessible.

    ## Unemployment Insurance Code - UIC ## DIVISION 7. CALIFORNIA WORKFORCE INNOVATION AND OPPORTUNITY ACT [14000 - 14531] ( Heading of Division 7 amended by Stats. 2015, Ch. 94, Sec. 3. ) ## CHAPTER 1. General Provisions [14000 - 14004.5] ( Chapter 1 added by Stats. 2001, Ch. 111, Sec. 24. ) ## 14000. (a) The Legislature finds and declares that, in order for California to remain prosperous and globally competitive, it needs to have a well-educated and highly skilled workforce. (b) The Legislature finds and declares that the following principles shall guide the state’s workforce investment system: (1) Workforce investment programs and services shall be responsive to the needs of employers, workers, and students by accomplishing the following: (A) Preparing California’s students and workers with the skills necessary to successfully compete in the global economy. (B) Producing greater numbers of individuals who obtain industry-recognized certificates and career-oriented degrees in competitive and emerging industry sectors and filling critical labor market skills gaps. (C) Adapting to rapidly changing local and regional labor markets as specific workforce skill requirements change over time. (D) Preparing workers for good-paying jobs that foster economic security and upward mobility. (E) Aligning employment programs, resources, and planning efforts regionally around industry sectors that drive regional employment to connect services and training directly to jobs. (2) State and local workforce development boards are encouraged to collaborate with other public and private institutions, including businesses, unions, nonprofit organizations, kindergarten and grades 1 to 12, inclusive, career technical education programs, adult career technical education and basic skills programs, apprenticeships, community college career technical education and basic skills programs, entrepreneurship training programs, where appropriate, the California Community Colleges Economic and Workforce Development Program, the Employment Training Panel, and county-based social and employment services, to better align resources across workforce, training, education, and social service delivery systems and build a well-articulated workforce investment system by accomplishing the following: (A) Adopting local and regional training and education strategies which include workplace-based earn and learn programs that build on the strengths and fill the gaps in the education and workforce development pipeline in order to address the needs of job seekers, workers, and employers within regional labor markets by supporting sector strategies. (B) Leveraging resources across education and workforce training delivery systems to build career pathways and fill critical skills gaps. (3) Workforce investment programs and services shall be data driven and evidence based when setting priorities, investing resources, and adopting practices. (4) Workforce investment programs and services shall develop strong partnerships with the private sector, ensuring industry involvement in needs assessment, planning, and program evaluation. (A) Workforce investment programs and services shall encourage industry involvement by developing strong partnerships with an industry’s employers and the unions that represent the industry’s workers. (B) Workforce investment programs and services may consider the needs of employers and businesses of all sizes, including large, medium, small, and microenterprises, when setting priorities, investing resources, and adopting practices. (5) Workforce investment programs and services shall be outcome oriented and accountable, measuring results for program participants, including, but not limited to, outcomes related to program completion, employment, and earnings. (6) Programs and services shall be accessible to employers, the self-employed, workers, and students who may benefit from their operation, including individuals with employment barriers, such as persons with economic, physical, or other barriers to employment. (Amended by Stats. 2015, Ch. 507, Sec. 1.5. (SB 342) Effective January 1, 2016. See conditional termination clause in Section 14007.)
  159. 14002.

    ## Unemployment Insurance Code - UIC ## DIVISION 7. CALIFORNIA WORKFORCE INNOVATION AND OPPORTUNITY ACT [14000 - 14531] ( Heading of Division 7 amended by Stats. 2015, Ch. 94, Sec. 3. ) ## CHAPTER 1. General Provisions [14000 - 14004.5] ( Chapter 1 added by Stats. 2001, Ch. 111, Sec. 24. )

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    The section says screening for unidentified disabilities can improve workforce preparation, and it encourages one-stop career centers to use available workforce resources for that screening and, when needed, diagnostic assessment.

    ## Unemployment Insurance Code - UIC ## DIVISION 7. CALIFORNIA WORKFORCE INNOVATION AND OPPORTUNITY ACT [14000 - 14531] ( Heading of Division 7 amended by Stats. 2015, Ch. 94, Sec. 3. ) ## CHAPTER 1. General Provisions [14000 - 14004.5] ( Chapter 1 added by Stats. 2001, Ch. 111, Sec. 24. ) ## 14002. (a) The Legislature finds and declares that screening designed to detect unidentified disabilities, including learning disabilities, improves workforce preparation and enhances the use of employment and training resources. (b) Section 134(c)(2) of the federal Workforce Innovation and Opportunity Act (29 U.S.C. Sec. 3174(c)(2)) allows for the use of funds for initial assessment of skill levels, aptitudes, abilities, and support services, including, when appropriate, comprehensive and specialized assessments of skill levels and service needs, including, but not limited to, diagnostic testing and the use of other assessment tools and in-depth interviewing and evaluation to identify employment barriers and appropriate employment goals. (c) The Legislature encourages one-stop career centers to maximize the use of Workforce Innovation and Opportunity Act resources and other federal and state workforce development resources for screening designed to detect unidentified disabilities, and if indicated, appropriate diagnostic assessment. (Amended by Stats. 2015, Ch. 94, Sec. 5. (AB 1270) Effective January 1, 2016. See conditional termination clause in Section 14007.)
  160. 14003.

    ## Unemployment Insurance Code - UIC ## DIVISION 7. CALIFORNIA WORKFORCE INNOVATION AND OPPORTUNITY ACT [14000 - 14531] ( Heading of Division 7 amended by Stats. 2015, Ch. 94, Sec. 3. ) ## CHAPTER 1. General Provisions [14000 - 14004.5] ( Chapter 1 added by Stats. 2001, Ch. 111, Sec. 24. )

    Verify source ↗

    Certain workforce development grants and contracts may not be awarded to organizations owned or operated as pervasively sectarian organizations, and covered grants or contracts must comply with specified constitutional and civil rights limits.

    ## Unemployment Insurance Code - UIC ## DIVISION 7. CALIFORNIA WORKFORCE INNOVATION AND OPPORTUNITY ACT [14000 - 14531] ( Heading of Division 7 amended by Stats. 2015, Ch. 94, Sec. 3. ) ## CHAPTER 1. General Provisions [14000 - 14004.5] ( Chapter 1 added by Stats. 2001, Ch. 111, Sec. 24. ) ## 14003. (a) Grants or contracts awarded under the federal Workforce Innovation and Opportunity Act, codified in Chapter 32 (commencing with Section 3101) of Title 29 of the United States Code, or any other state or federally funded workforce development program, may not be awarded to organizations that are owned or operated as pervasively sectarian organizations. (b) Grants or contracts awarded under the federal Workforce Innovation and Opportunity Act, codified in Chapter 32 (commencing with Section 3101) of Title 29 of the United States Code, or any other state or federally funded workforce development program, shall comply with Section 4 of Article I and Section 5 of Article XVI of the California Constitution, state and federal civil rights laws, and the First Amendment to the United States Constitution in regard to pervasively sectarian organizations. These legal constraints include prohibitions on the discrimination against beneficiaries and staff based on protected categories and on the promoting of religious doctrine to advance sectarian beliefs. (Amended by Stats. 2015, Ch. 94, Sec. 6. (AB 1270) Effective January 1, 2016. See conditional termination clause in Section 14007.)
  161. 14004.

    ## Unemployment Insurance Code - UIC ## DIVISION 7. CALIFORNIA WORKFORCE INNOVATION AND OPPORTUNITY ACT [14000 - 14531] ( Heading of Division 7 amended by Stats. 2015, Ch. 94, Sec. 3. ) ## CHAPTER 1. General Provisions [14000 - 14004.5] ( Chapter 1 added by Stats. 2001, Ch. 111, Sec. 24. )

    Verify source ↗

    An organization seeking these workforce development funds must be a separate nonprofit entity or an affiliate that is tax-exempt under Internal Revenue Code section 501(c)(3).

    ## Unemployment Insurance Code - UIC ## DIVISION 7. CALIFORNIA WORKFORCE INNOVATION AND OPPORTUNITY ACT [14000 - 14531] ( Heading of Division 7 amended by Stats. 2015, Ch. 94, Sec. 3. ) ## CHAPTER 1. General Provisions [14000 - 14004.5] ( Chapter 1 added by Stats. 2001, Ch. 111, Sec. 24. ) ## 14004. To be eligible for state or federal workforce development funds awarded by the state under the California Community and Faith Based Initiative, an organization must be a separate nonprofit entity or affiliate that is a tax-exempt organization under Section 501(c)(3) of the Internal Revenue Code. (Added by Stats. 2003, Ch. 225, Sec. 23.1. Effective August 11, 2003. See conditional termination clause in Section 14007.)
  162. 14004.5.

    ## Unemployment Insurance Code - UIC ## DIVISION 7. CALIFORNIA WORKFORCE INNOVATION AND OPPORTUNITY ACT [14000 - 14531] ( Heading of Division 7 amended by Stats. 2015, Ch. 94, Sec. 3. ) ## CHAPTER 1. General Provisions [14000 - 14004.5] ( Chapter 1 added by Stats. 2001, Ch. 111, Sec. 24. )

    Verify source ↗

    This section creates the Consolidated Work Program Fund in the State Treasury and assigns the Employment Development Department to administer it.

    ## Unemployment Insurance Code - UIC ## DIVISION 7. CALIFORNIA WORKFORCE INNOVATION AND OPPORTUNITY ACT [14000 - 14531] ( Heading of Division 7 amended by Stats. 2015, Ch. 94, Sec. 3. ) ## CHAPTER 1. General Provisions [14000 - 14004.5] ( Chapter 1 added by Stats. 2001, Ch. 111, Sec. 24. ) ## 14004.5. The Consolidated Work Program Fund is hereby created in the State Treasury, for the receipt of all moneys deposited pursuant to the federal Workforce Innovation and Opportunity Act. The Employment Development Department shall be the entity responsible for administering this section. Moneys in the fund shall be made available, upon appropriation by the Legislature, to the department, for expenditure consistent with the purposes of the federal Workforce Innovation and Opportunity Act and the State Plan required by the federal Workforce Innovation and Opportunity Act. (Amended by Stats. 2015, Ch. 94, Sec. 7. (AB 1270) Effective January 1, 2016. See conditional termination clause in Section 14007.)
  163. 14005.

    ## Unemployment Insurance Code - UIC ## DIVISION 7. CALIFORNIA WORKFORCE INNOVATION AND OPPORTUNITY ACT [14000 - 14531] ( Heading of Division 7 amended by Stats. 2015, Ch. 94, Sec. 3. ) ## CHAPTER 2. Definitions and Severability [14005 - 14007] ( Chapter 2 added by Stats. 2006, Ch. 630, Sec. 3. )

    Verify source ↗

    This section defines terms used in Division 7, including the Board, the Agency, and several workforce-development concepts such as career pathways and sector strategies.

    ## Unemployment Insurance Code - UIC ## DIVISION 7. CALIFORNIA WORKFORCE INNOVATION AND OPPORTUNITY ACT [14000 - 14531] ( Heading of Division 7 amended by Stats. 2015, Ch. 94, Sec. 3. ) ## CHAPTER 2. Definitions and Severability [14005 - 14007] ( Chapter 2 added by Stats. 2006, Ch. 630, Sec. 3. ) ## 14005. For purposes of this division: (a) “Board” means the California Workforce Development Board. (b) “Agency” means the Labor and Workforce Development Agency. (c) “Career pathways,” “career ladders,” or “career lattices” are an identified series of positions, work experiences, or educational benchmarks or credentials with multiple access points that offer occupational and financial advancement within a specified career field or related fields over time. “Career pathways,” “career ladders,” and “career lattices” offer combined programs of rigorous and high-quality education, training, and other services that do all of the following: (1) Align with the skill needs of industries in the economy of the state or regional economy involved. (2) Prepare an individual to be successful in any of a full range of secondary or postsecondary education options, including apprenticeships registered under the National Apprenticeship Act of 1937 (29 U.S.C. Sec. 50 et seq.), except as in Section 3226 of Title 29 of the United States Code. (3) Include counseling to support an individual in achieving the individual’s education and career goals. (4) Include, as appropriate, education offered concurrently with and in the same context as workforce preparation activities and training for a specific occupation or occupational cluster. (5) Organize education, training, and other services to meet the particular needs of an individual in a manner that accelerates the educational and career advancement of the individual to the extent practicable. (6) Enable an individual to attain a secondary school diploma or its recognized equivalent, and at least one recognized postsecondary credential. (7) Help an individual enter or advance within a specific occupation or occupational cluster. (d) “Cluster-based sector strategies” mean methods of focusing workforce and economic development on those sectors that have demonstrated a capacity for economic growth and job creation in a particular geographic area. (e) “Data driven” means a process of making decisions about investments and policies based on systematic analysis of data, which may include data pertaining to labor markets. (f) “Economic security” means, with respect to a worker, earning a wage sufficient to support a family adequately, and, over time, to save for emergency expenses and adequate retirement income, based on factors such as household size, the cost of living in the worker’s community, and other factors that may vary by region. (g) “Evidence-based” means making use of policy research as a basis for determining best policy practices. Evidence-based policymakers adopt policies that research has shown to produce positive outcomes, in a variety of settings, for a variety of populations over time. Successful, evidence-based programs deliver quantifiable and sustainable results. Evidence-based practices differ from approaches that are based on tradition, belief, convention, or anecdotal evidence. (h) “High-priority occupations” mean occupations that have a significant presence in a targeted industry sector or industry cluster, are in demand, or projected to be in demand, by employers, and pay or lead to payment of a wage that provides economic security. (i) (1) “In-demand industry sector or occupation” means either of the following: (A) An industry sector that has a substantial current or potential impact, including through jobs that lead to economic self-sufficiency and opportunities for advancement, on the state, regional, or local economy, as appropriate, and that contributes to the growth or stability of other supporting businesses, or the growth of other industry sectors. (B) An occupation that currently has or is projected to have a number of positions, including positions that lead to economic self-sufficiency and opportunities for advancement, in an industry sector so as to have a significant impact on the state, regional, or local economy, as appropriate. (2) The determination of whether an industry sector or occupation is “in-demand” under this subdivision shall be made by the board or local board, or through the regional planning process in which local boards participate under the Workforce Innovation and Opportunity Act, as appropriate, using state and regional business and labor market projections, including the use of labor market information. (j) “Individual with employment barriers” means an individual with any characteristic that substantially limits an individual’s ability to obtain employment, including indicators of poor work history, lack of work experience, or access to employment in nontraditional occupations, long-term unemployment, lack of educational or occupational skills attainment, dislocation from high-wage and high-benefit employment, low levels of literacy or English proficiency, disability status, or welfare dependency, including members of all of the following groups: (1) Displaced homemakers. (2) Low-income individuals. (3) Indians, Alaska Natives, and Native Hawaiians, as those terms are defined in Section 3221 of Title 29 of the United States Code. (4) Individuals with disabilities, including youths who are individuals with disabilities. (5) Older individuals. (6) Ex-offenders. (7) Homeless individuals, as defined in Section 14043e-2(6) of Title 42 of the United States Code, or homeless children and youths, as defined in Section 11434a(2) of Title 42 of the United States Code. (8) Youth who are in, or have aged out of, the foster care system. (9) Individuals who are English language learners, individuals who have low levels of literacy, and individuals facing substantial cultural barriers. (10) Eligible migrant and seasonal farmworkers, as defined in Section 3322(i) of Title 29 of the United States Code. (11) Individuals within two years of exhausting lifetime eligibility under Part A of Title IV of the Social Security Act (42 U.S.C. Sec. 601 et seq.). (12) Single parents, including single, pregnant women. (13) Long-term unemployed individuals. (14) Transgender and gender nonconforming individuals. (15) Any other groups as the Governor determines to have barriers to employment. (k) “Industry cluster” means a geographic concentration or emerging concentration of interdependent industries with direct service, supplier, and research relationships, or independent industries that share common resources in a given regional economy or labor market. An industry cluster is a group of employers closely linked by common product or services, workforce needs, similar technologies, and supply chains in a given regional economy or labor market. (l) “Industry or sector partnership” means a workforce collaborative, convened or acting in partnership with the board or a local board, that does the following: (1) Organizes key stakeholders in an industry cluster into a working group that focuses on the shared goals and human resources needs of the industry cluster and that includes, at the appropriate stages of development of the partnership: (A) Representatives of multiple businesses or other employers in the industry cluster, including small and medium-sized employers when practicable. (B) One or more representatives of a recognized state labor organization or central labor council, or another labor representative, as appropriate. (C) One or more representatives of an institution of higher education with, or another provider of, education or training programs that support the industry cluster. (2) The workforce collaborative may include representatives of any of the following: (A) State or local government. (B) State or local economic development agencies. (C) State boards or local boards, as appropriate. (D) A state workforce agency or entity providing employment services. (E) Other state or local agencies. (F) Business or trade associations. (G) Economic development organizations. (H) Nonprofit organizations, community-based organizations, or intermediaries. (I) Philanthropic associations. (J) Industry associations. (K) Other organizations, as determined to be necessary by the members comprising the industry sector or partnership. (m) “Industry sector” means those firms that produce similar products or provide similar services using somewhat similar business processes, and are closely linked by workforce needs, within a regional labor market. (n) “Local labor federation” means a central labor council that is an organization of local unions affiliated with the California Labor Federation or a local building and construction trades council affiliated with the State Building and Construction Trades Council of California. (o) “Sector strategies” means methods of prioritizing investments in competitive and emerging industry sectors and industry clusters on the basis of labor market and other economic data indicating strategic growth potential, especially with regard to jobs and income, and exhibit the following characteristics: (1) Focus workforce investment in education and workforce training programs that are likely to lead to jobs providing economic security or to an entry-level job with a well-articulated career pathway into a job providing economic security. (2) Effectively boost labor productivity or reduce business barriers to growth and expansion stemming from workforce supply problems, including skills gaps and occupational shortages by directing resources and making investments to plug skills gaps and provide education and training programs for high-priority occupations. (3) May be implemented using articulated career pathways or lattices and a system of stackable credentials. (4) May target underserved communities, disconnected youths, incumbent workers, and recently separated military veterans. (5) Frequently are implemented using industry or sector partnerships. (6) Typically are implemented at the regional level where sector firms, those employers described in subdivisions (j) and (l), often share a common labor market and supply chains. However, sector strategies may also be implemented at the state or local level depending on sector needs and labor market conditions. (p) “Workforce Innovation and Opportunity Act of 2014” means the federal act enacted as Public Law 113-128. (q) (1) “Earn and learn” includes, but is not limited to, a program that does either of the following: (A) Combines applied learning in a workplace setting with compensation allowing workers or students to gain work experience and secure a wage as they develop skills and competencies directly relevant to the occupation or career for which they are preparing. (B) Brings together classroom instruction with on-the-job training to combine both formal instruction and actual paid work experience. (2) “Earn and learn” programs include, but are not limited to, all of the following: (A) Apprenticeships. (B) Preapprenticeships. (C) Incumbent worker training. (D) Transitional jobs, as described in paragraph (5) of subsection (d) of Section 3174 of Title 29 of the United States Code, as that section read on January 1, 2021, and subsidized employment with an employer of record, which may include, but not be limited to, an employment social enterprise or a worker cooperative, particularly for individuals with barriers to employment. (E) Paid internships and externships. (F) Project-based compensated learning. (r) “High road” means a set of economic and workforce development strategies to achieve economic growth, economic equity, shared prosperity and a clean environment. The strategies include, but are not limited to, interventions that: (1) Improve job quality and job access, including for women and people from underserved and underrepresented populations. (2) Meet the skill and profitability needs of employers. (3) Meet the economic, social, and environmental needs of the community. (s) “High road training partnership” means an initiative or project that models strategies for developing industry-based, worker-focused training partnerships, including labor-management partnerships. High Road Training partnerships operate via regional, industry- or sector-based training partnerships comprised of employers, workers, and their representatives including organized labor, community-based organizations, education, training, and social services providers, and labor market intermediaries. High Road Training partnerships demonstrate job quality standards and employment practices that include, but are not limited to, the following: (1) Provision of comparatively good wages and benefits, relative to the industry, occupation, and labor market in which participating workers are employed. (2) Payment of workers at or above local or regional living wage standards as well as payment at or above regional prevailing wage standards where such standards exist for the occupations in question. (3) A history of investment in employee training, growth, and development. (4) Provision of opportunities for career advancement and wage growth. (5) Safe and healthy working conditions. (6) Consistent compliance with workplace laws and regulations, including proactive efforts to remedy past problems. (7) Adoption of mechanisms to include worker voice and agency in the workplace. (t) “High road construction careers” are high road training partnerships that invest in regional training partnerships comprised of local building trades councils, workforce, community, and education interests that connect to state-approved apprenticeship programs, that utilize the standard Multi-Craft Core preapprenticeship training curriculum and provide a range of supportive services and career placement assistance to women and people from underserved and underrepresented populations. (u) “Career advancement” means demonstrated progression along a career ladder as evidenced by both wage growth and occupational advancement. (v) “Employment social enterprise” means a nonprofit or for-profit organization that meets all of the following requirements: (1) Is organized as a social purpose corporation or a benefit corporation, or as an organization incorporated within a larger organization. (2) Demonstrates evidence of a mission to provide and to access employment and social supports with on-the-job and life skills training to a direct labor force comprised of individuals with a “barrier to employment,” as that phrase is defined in Section 3102 of Title 29 of the United States Code, as that section read on January 1, 2021. (3) Is evidence-based and utilizes data-driven policies in implementing procedures and measuring outcomes. (4) Produces or assembles goods or provides services, or a combination of both. (w) “Worker cooperative” has the same meaning as defined in Section 12253.5 of the Corporations Code. (Amended (as amended by Stats. 2021, Ch. 78, Sec. 14) by Stats. 2021, Ch. 223, Sec. 1. (SB 779) Effective January 1, 2022. See conditional termination clause in Section 14007.)
  164. 14006.

    ## Unemployment Insurance Code - UIC ## DIVISION 7. CALIFORNIA WORKFORCE INNOVATION AND OPPORTUNITY ACT [14000 - 14531] ( Heading of Division 7 amended by Stats. 2015, Ch. 94, Sec. 3. ) ## CHAPTER 2. Definitions and Severability [14005 - 14007] ( Chapter 2 added by Stats. 2006, Ch. 630, Sec. 3. )

    Verify source ↗

    This section says the division is severable: if one provision or application is invalid, the rest can still operate if they can function without it.

    ## Unemployment Insurance Code - UIC ## DIVISION 7. CALIFORNIA WORKFORCE INNOVATION AND OPPORTUNITY ACT [14000 - 14531] ( Heading of Division 7 amended by Stats. 2015, Ch. 94, Sec. 3. ) ## CHAPTER 2. Definitions and Severability [14005 - 14007] ( Chapter 2 added by Stats. 2006, Ch. 630, Sec. 3. ) ## 14006. The provisions of this division are severable. If any provision of this division 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. 2006, Ch. 630, Sec. 3. Effective January 1, 2007. See conditional termination clause in Section 14007.)
  165. 14007.

    ## Unemployment Insurance Code - UIC ## DIVISION 7. CALIFORNIA WORKFORCE INNOVATION AND OPPORTUNITY ACT [14000 - 14531] ( Heading of Division 7 amended by Stats. 2015, Ch. 94, Sec. 3. ) ## CHAPTER 2. Definitions and Severability [14005 - 14007] ( Chapter 2 added by Stats. 2006, Ch. 630, Sec. 3. )

    Verify source ↗

    Division 7 stays in effect unless the U.S. Secretary of Labor finds a provision or its application conflicts with federal law.

    ## Unemployment Insurance Code - UIC ## DIVISION 7. CALIFORNIA WORKFORCE INNOVATION AND OPPORTUNITY ACT [14000 - 14531] ( Heading of Division 7 amended by Stats. 2015, Ch. 94, Sec. 3. ) ## CHAPTER 2. Definitions and Severability [14005 - 14007] ( Chapter 2 added by Stats. 2006, Ch. 630, Sec. 3. ) ## 14007. Each provision of this division shall remain in effect unless the United States Secretary of Labor determines that any provision of this division or its application is not in conformity with the requirements of federal law, at which time only those provisions of this division that are not in conformity with federal law shall be repealed. (Added by Stats. 2006, Ch. 630, Sec. 3. Effective January 1, 2007.)
  166. 14010.

    ## Unemployment Insurance Code - UIC ## DIVISION 7. CALIFORNIA WORKFORCE INNOVATION AND OPPORTUNITY ACT [14000 - 14531] ( Heading of Division 7 amended by Stats. 2015, Ch. 94, Sec. 3. ) ## CHAPTER 3. State Responsibilities [14010 - 14121] ( Chapter 3 added by Stats. 2006, Ch. 630, Sec. 4. ) ## ARTICLE 1. California Workforce Development Board [14010 - 14017.2] ( Heading of Article 1 amended by Stats. 2015, Ch. 94, Sec. 9. )

    Verify source ↗

    The California Workforce Development Board assists the Governor with California’s workforce investment system and with aligning education and workforce systems to the needs of the economy and workforce.

    ## Unemployment Insurance Code - UIC ## DIVISION 7. CALIFORNIA WORKFORCE INNOVATION AND OPPORTUNITY ACT [14000 - 14531] ( Heading of Division 7 amended by Stats. 2015, Ch. 94, Sec. 3. ) ## CHAPTER 3. State Responsibilities [14010 - 14121] ( Chapter 3 added by Stats. 2006, Ch. 630, Sec. 4. ) ## ARTICLE 1. California Workforce Development Board [14010 - 14017.2] ( Heading of Article 1 amended by Stats. 2015, Ch. 94, Sec. 9. ) ## 14010. The California Workforce Development Board is the body responsible for assisting the Governor in the development, oversight, and continuous improvement of California’s workforce investment system and the alignment of the education and workforce investment systems to the needs of the 21st century economy and workforce. (Amended by Stats. 2015, Ch. 94, Sec. 10. (AB 1270) Effective January 1, 2016. See conditional termination clause in Section 14007.)
  167. 14011.

    ## Unemployment Insurance Code - UIC ## DIVISION 7. CALIFORNIA WORKFORCE INNOVATION AND OPPORTUNITY ACT [14000 - 14531] ( Heading of Division 7 amended by Stats. 2015, Ch. 94, Sec. 3. ) ## CHAPTER 3. State Responsibilities [14010 - 14121] ( Chapter 3 added by Stats. 2006, Ch. 630, Sec. 4. ) ## ARTICLE 1. California Workforce Development Board [14010 - 14017.2] ( Heading of Article 1 amended by Stats. 2015, Ch. 94, Sec. 9. )

    Verify source ↗

    The board must report, through its executive director, to the Secretary of the Labor and Workforce Development Agency.

    ## Unemployment Insurance Code - UIC ## DIVISION 7. CALIFORNIA WORKFORCE INNOVATION AND OPPORTUNITY ACT [14000 - 14531] ( Heading of Division 7 amended by Stats. 2015, Ch. 94, Sec. 3. ) ## CHAPTER 3. State Responsibilities [14010 - 14121] ( Chapter 3 added by Stats. 2006, Ch. 630, Sec. 4. ) ## ARTICLE 1. California Workforce Development Board [14010 - 14017.2] ( Heading of Article 1 amended by Stats. 2015, Ch. 94, Sec. 9. ) ## 14011. The board shall report, through its executive director, to the Secretary of the Labor and Workforce Development Agency. (Added by Stats. 2006, Ch. 630, Sec. 4. Effective January 1, 2007. See conditional termination clause in Section 14007.)
  168. 14012.

    ## Unemployment Insurance Code - UIC ## DIVISION 7. CALIFORNIA WORKFORCE INNOVATION AND OPPORTUNITY ACT [14000 - 14531] ( Heading of Division 7 amended by Stats. 2015, Ch. 94, Sec. 3. ) ## CHAPTER 3. State Responsibilities [14010 - 14121] ( Chapter 3 added by Stats. 2006, Ch. 630, Sec. 4. ) ## ARTICLE 1. California Workforce Development Board [14010 - 14017.2] ( Heading of Article 1 amended by Stats. 2015, Ch. 94, Sec. 9. )

    Verify source ↗

    The Governor must appoint the board, and the board must assist with the State Plan and other functions described elsewhere in the Code.

    ## Unemployment Insurance Code - UIC ## DIVISION 7. CALIFORNIA WORKFORCE INNOVATION AND OPPORTUNITY ACT [14000 - 14531] ( Heading of Division 7 amended by Stats. 2015, Ch. 94, Sec. 3. ) ## CHAPTER 3. State Responsibilities [14010 - 14121] ( Chapter 3 added by Stats. 2006, Ch. 630, Sec. 4. ) ## ARTICLE 1. California Workforce Development Board [14010 - 14017.2] ( Heading of Article 1 amended by Stats. 2015, Ch. 94, Sec. 9. ) ## 14012. The board shall be appointed by the Governor to assist in the development of the State Plan and to carry out other functions, as described in Section 14103. The board shall be comprised of the Governor and representatives from the following categories: (a) Two members of each house of the Legislature, appointed by the appropriate presiding officer of each house. (b) A majority of board members shall be representatives of business who: (1) Are owners of businesses, chief executives or operating officers of businesses, and other business executives or employers with optimum policymaking or hiring authority, who, in addition, may be members of a local board described in Section 3122(b)(2)(A)(i) of Title 29 of the United States Code. (2) Represent businesses, including small businesses, or organizations representing businesses that include high-quality, work-relevant training and development in in-demand industry sectors or occupations in the state. (3) Are appointed from a group of individuals nominated by state business organizations and business trade associations. (c) (1) Not less than 20 percent of board members shall be representatives of the workforce within the state, including representatives of labor organizations nominated by state labor federations, who shall not be less than 15 percent of the board membership and who shall include at least one representative that is a member of a labor organization or a training director, from a joint labor-management apprenticeship program, or if no such joint program exists in the state, such a representative of an apprenticeship program in the state. (2) Representatives appointed pursuant to this subdivision may include: (A) Representatives of community-based organizations that have demonstrated experience and expertise in addressing the employment, training, or education needs of individuals with barriers to employment, including organizations that serve veterans, organizations that provide or support competitive, integrated employment for individuals with disabilities, organizations that serve transgender and gender nonconforming individuals, and organizations that represent or serve older adults. (B) Representatives of organizations that have demonstrated experience and expertise in addressing the employment, training, or education needs of eligible youth, including representatives of organizations that serve out-of-school youth. (d) The balance of board members: (1) Shall include representatives of government that are lead state officials with primary responsibility for the core programs and shall include chief elected officials, collectively representing cities, counties, and cities and counties where appropriate. (2) May include other representatives and officials as the Governor may designate, like any of the following: (A) State agency officials from agencies that are one-stop partners, not specified in paragraph (1), including additional one-stop partners whose programs are covered by the State Plan, if any. (B) State agency officials responsible for economic development or juvenile justice programs in the state. (C) Individuals who represent an Indian tribe or tribal organization, as those terms are defined in Section 3221(b) of Title 29 of the United States Code. (D) State agency officials responsible for education programs in the state, including chief executive officers, or their designees, of institutions of higher education, including, but not limited to, the California Community College system, the California State University system, the University of California system, and their respective individual campuses. (E) State agency officials responsible for administering programs that serve, and state commission officials that advocate on behalf of, older adults or their designees. (e) Other requirements of board membership shall include: (1) The Governor shall select a chairperson for the board from among the representatives described in subdivision (b). (2) The members of the board shall represent diverse geographic areas of the state, including urban, rural, and suburban areas. (f) For purposes of this section, “older adults” means persons 60 years of age or older. (Amended by Stats. 2024, Ch. 332, Sec. 2. (AB 2207) Effective January 1, 2025. See conditional termination clause in Section 14007.)
  169. 14013.

    ## Unemployment Insurance Code - UIC ## DIVISION 7. CALIFORNIA WORKFORCE INNOVATION AND OPPORTUNITY ACT [14000 - 14531] ( Heading of Division 7 amended by Stats. 2015, Ch. 94, Sec. 3. ) ## CHAPTER 3. State Responsibilities [14010 - 14121] ( Chapter 3 added by Stats. 2006, Ch. 630, Sec. 4. ) ## ARTICLE 1. California Workforce Development Board [14010 - 14017.2] ( Heading of Article 1 amended by Stats. 2015, Ch. 94, Sec. 9. )

    Verify source ↗

    The board must assist the Governor with statewide workforce-development responsibilities.

    ## Unemployment Insurance Code - UIC ## DIVISION 7. CALIFORNIA WORKFORCE INNOVATION AND OPPORTUNITY ACT [14000 - 14531] ( Heading of Division 7 amended by Stats. 2015, Ch. 94, Sec. 3. ) ## CHAPTER 3. State Responsibilities [14010 - 14121] ( Chapter 3 added by Stats. 2006, Ch. 630, Sec. 4. ) ## ARTICLE 1. California Workforce Development Board [14010 - 14017.2] ( Heading of Article 1 amended by Stats. 2015, Ch. 94, Sec. 9. ) ## 14013. The board shall assist the Governor in the following: (a) Promoting the development of a well-educated and highly skilled 21st century workforce, and the development of a high road economy that offers an educated and skilled workforce with fair compensation and treatment in the workplace. (b) Developing, implementing, and modifying the State Plan. The State Plan shall serve as the comprehensive framework and coordinated plan for the aligned investment of all federal and state workforce training and employment services funding streams and programs. To the extent feasible and when appropriate, the State Plan should reinforce and work with adult education and career technical education efforts that are responsive to labor market trends, as well as economic trends that impact the labor market and workforce, including, but not limited to, climate change, automation of work, and employment. (c) The review and technical assistance of statewide policies, of statewide programs, and of recommendations on actions that should be taken by the state to align workforce, education, training, and employment funding programs in the state in a manner that supports a comprehensive, high-quality, and streamlined workforce development system in the state, including the review and provision of comments on the State Plan, if any, for programs and activities of one-stop partners that are not core programs. (d) Developing and continuously improving the statewide workforce investment system, including: (1) The identification of barriers and means for removing barriers to better coordinate, align, and avoid duplication among the programs and activities carried out through the system. (2) The development, promotion, and implementation of strategies, as well as the administration of, an field assistance for, programs to advance the use of career pathways for the purpose of providing individuals, including low-skilled adults, youth, and individuals with barriers to employment, and including individuals with disabilities, with workforce investment activities, education, and supportive services to enter or retain high-quality employment. To the extent permissible under state and federal laws, these policies and strategies should support linkages between kindergarten and grades 1 to 12, inclusive, and community college educational systems in order to help secure educational and career advancement. These policies and strategies may be implemented using a sector strategies framework and should ultimately lead to placement in a job providing economic security or job placement in an entry-level job that has a well-articulated career pathway or career ladder to a job providing economic security. (3) The development, promotion, and implementation of strategies for providing effective outreach to and improved access for individuals and employers who could benefit from services provided through the workforce development system. (4) The development, promotion, and implementation of strategies, as well as the administration of, and field assistance for, programs that meet the needs of employers, workers, and jobseekers, particularly through industry or sector partnerships related to in-demand industry sectors and occupations, including policies targeting resources to competitive and emerging industry sectors and industry clusters that provide economic security and are either high-growth sectors or critical to California’s economy, or both. These industry sectors and clusters shall have significant economic impacts on the state and its regional and workforce development needs, including, but not limited to, California’s transition to a carbon neutral economy, and have documented career opportunities. (5) Consistent with the definitions in Section 14005, developing standards, procedures, and criteria for defining high road employers, high road jobs, high road workforce development, and high road training partnerships in California, in accordance with lessons learned from the board’s ongoing high road workforce development initiatives. (6) The administration, promotion, and expansions of, as well as field assistance for, high road training partnerships, as defined in Section 14005. (7) The administration, promotion, and expansion of, as well as field assistance for, high road construction careers, as defined in Section 14005. (8) Recommending adult and dislocated worker training policies and investments that offer a variety of career opportunities while upgrading the skills of California’s workforce. These may include training policies and investments pertaining to any of the following: (A) Occupational skills training, including training for nontraditional employment. (B) On-the-job training. (C) Incumbent worker training in accordance with Section 3174(d)(4) of Title 29 of the United States Code. (D) Programs that combine workplace training with related instruction, which may include cooperative education programs. (E) Training programs operated by the private sector. (F) Skill upgrading and retraining. (G) Entrepreneurial training. (H) Transitional jobs in accordance with Section 3174(d)(5) of Title 29 of the United States Code. (I) Job readiness training provided in combination with any of the services described in subparagraphs (A) to (H), inclusive. (J) Adult education and literacy activities provided in combination with any of the services described in subparagraphs (A) to (G), inclusive. (K) Customized training conducted with a commitment by an employer or group of employers to employ an individual upon successful completion of the training. (e) The identification of regions, including planning regions, for the purposes of Section 3121(a) of Title 29 of the United States Code, and the designation of local areas under Section 3121 of Title 29 of the United States Code, after consultation with local boards and chief elected officials. (f) The development and continuous improvement of the one-stop delivery system in local areas, including providing assistance to local boards, one-stop operators, one-stop partners, and providers with planning and delivering services, including training services and supportive services, to support effective delivery of services to workers, job seekers, and employers. (g) Recommending strategies to the Governor for strategic training investments of the Governor’s 15-percent discretionary funds. (h) Developing strategies to support staff training and awareness across programs supported under the workforce development system. (i) The development and updating of comprehensive state performance accountability measures, including state-adjusted levels of performance, to assess the effectiveness of the core programs in the state as required under Section 3141(b) of Title 29 of the United States Code. As part of this process the board shall do all of the following: (1) Develop a workforce metrics dashboard, to be updated annually, that measures the state’s human capital investments in workforce development to better understand the collective impact of these investments on the labor market. The board shall determine the approach for measuring labor market impacts, provided that, to the extent feasible, the board uses statistically rigorous methodologies to estimate, assess, and isolate the impact of programs on participant outcomes. The workforce metrics dashboard shall be produced, to the extent feasible, using existing available data and resources that are currently collected and accessible to state agencies. The board shall convene workforce program partners to develop a standardized set of inputs and outputs for the workforce metrics dashboard. The workforce metrics dashboard shall do all of the following: (A) Provide a status report on credential attainment, training completion, degree attainment, and participant earnings from workforce education and training programs. The board shall publish and distribute the final report. (B) Provide demographic breakdowns, including, to the extent possible, race, ethnicity, age, gender, veteran status, wage and credential or degree outcomes, and information on workforce outcomes in different industry sectors. (C) Measure, at a minimum and to the extent feasible with existing resources, the performance of the following workforce programs: community college career technical education, the Employment Training Panel, Title I and Title II of the federal Workforce Investment Act of 1998 (Public Law 105-220), Title I and Title II of the federal Workforce Innovation and Opportunity Act of 2014 (Public Law 113-128), Trade Adjustment Assistance, and state apprenticeship programs. (D) Measure participant earnings in California, and to the extent feasible, in other states. The Employment Development Department shall assist the board by calculating aggregated participant earnings using unemployment insurance wage records, without violating any applicable confidentiality requirements. (2) The State Department of Education is hereby authorized to collect the social security numbers of adults participating in adult education programs so that accurate participation in those programs can be represented in the workforce metrics dashboard. However, an individual shall not be denied program participation if the individual refuses to provide a social security number. The State Department of Education shall keep this information confidential, except, the State Department of Education is authorized to share this information, unless prohibited by federal law, with the Employment Development Department, the board, or the board’s designee, who shall keep the information confidential and use it only to track the labor market and other outcomes described in subparagraph (A) of paragraph (1) of program participants in compliance with all applicable state and federal laws and mandates, including all performance reporting requirements under the Workforce Innovation and Opportunity Act. (3) (A) Participating workforce programs, including, but not limited to, those specified in subparagraph (C) of paragraph (1), shall provide participant data in a standardized format to the Employment Development Department, the board, or the board’s designee. (B) The Employment Development Department, the board, or the board’s designee, shall aggregate data provided by participating workforce programs and shall report the data, organized by demographics, earnings, and industry of employment, to the board to assist the board in producing the annual workforce metrics dashboard. (4) The board shall ensure that a designee has the technical and operational capability of meeting appropriate privacy and security requirements. (j) The identification and dissemination of information on best practices, including best practices for all of the following: (1) The effective operation of one-stop centers, relating to the use of business outreach, partnerships, and service delivery strategies, including strategies for serving individuals with barriers to employment. (2) The development of effective local boards, which may include information on factors that contribute to enabling local boards to exceed negotiated local levels of performance, sustain fiscal integrity, and achieve other measures of effectiveness. (3) Effective training programs that respond to real-time labor market analysis, that effectively use direct assessment and prior learning assessment to measure an individual’s prior knowledge, skills, competencies, and experiences, and that evaluate such skills, and competencies for adaptability, to support efficient placement into employment or career pathways. (k) The development and review of statewide policies affecting the coordinated provision of services through the state’s one-stop delivery system described in Section 3151(e) of Title 29 of the United States Code, including the development of all of the following: (1) Objective criteria and procedures for use by local boards in assessing the effectiveness and continuous improvement of one-stop centers described in Section 3151(e) of Title 29 of the United States Code. (2) Guidance for the allocation of one-stop center infrastructure funds under Section 3151(h) of Title 29 of the United States Code. (3) Policies relating to the appropriate roles and contributions of entities carrying out one-stop partner programs within the one-stop delivery system, including approaches to facilitating equitable and efficient cost allocation in such a system. (l) The development of strategies for technological improvements to facilitate access to, and improve the quality of, services and activities provided through the one-stop delivery system, including such improvements to all of the following: (1) Enhance digital literacy skills, as defined in Section 9101 of Title 20 of the United States Code, referred to in this division as “digital literacy skills.” (2) Accelerate the acquisition of skills and recognized postsecondary credentials by participants. (3) Strengthen the professional development of providers and workforce professionals. (4) Ensure the technology is accessible to individuals with disabilities and individuals residing in remote areas. (m) The development of strategies for aligning technology and data systems across one-stop partner programs to enhance service delivery and improve efficiencies in reporting on performance accountability measures, including the design and implementation of common intake, data collection, case management information, and performance accountability measurement and reporting processes and the incorporation of local input into such design and implementation, to improve coordination of services across one-stop partner programs. (n) The development of allocation formulas for the distribution of funds for employment and training activities for adults, and youth workforce investment activities, to local areas as permitted under Sections 3163(b)(3) and 3173(b)(3) of Title 29 of the United States Code. (o) The preparation of the annual reports described in paragraphs (1) and (2) of Section 3141(d) of Title 29 of the United States Code. (p) The development of the statewide workforce and labor market information system described in Section 49l–2(e) of Title 29 of the United States Code. (q) By July 1, 2020, the development, in conjunction with the Employment Development Department and with input from local workforce development boards, of a policy regarding mutual aid agreements between and among local workforce development boards to enable them to effectively respond to disasters and that is consistent with applicable state and federal law. (r) The development of other policies as may promote statewide objectives for, and enhance the performance of, the workforce development system in the state. (s) Helping individuals with barriers to employment, including low-skill, low-wage workers, the long-term unemployed, and members of single-parent households, achieve economic security and upward mobility by implementing policies that encourage the attainment of marketable skills relevant to current labor market trends. (t) Evaluating program outcomes, including program participant outcomes for all grant programs administered by the California Workforce Development Board, regardless of funding source. (Amended (as amended by Stats. 2021, Ch. 78, Sec. 15) by Stats. 2021, Ch. 550, Sec. 2. (SB 753) Effective January 1, 2022. See conditional termination clause in Section 14007.)
  170. 14014.

    ## Unemployment Insurance Code - UIC ## DIVISION 7. CALIFORNIA WORKFORCE INNOVATION AND OPPORTUNITY ACT [14000 - 14531] ( Heading of Division 7 amended by Stats. 2015, Ch. 94, Sec. 3. ) ## CHAPTER 3. State Responsibilities [14010 - 14121] ( Chapter 3 added by Stats. 2006, Ch. 630, Sec. 4. ) ## ARTICLE 1. California Workforce Development Board [14010 - 14017.2] ( Heading of Article 1 amended by Stats. 2015, Ch. 94, Sec. 9. )

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    The Board must collect and report data on high road workforce programs, and related agencies and grant participants must provide needed data and information.

    ## Unemployment Insurance Code - UIC ## DIVISION 7. CALIFORNIA WORKFORCE INNOVATION AND OPPORTUNITY ACT [14000 - 14531] ( Heading of Division 7 amended by Stats. 2015, Ch. 94, Sec. 3. ) ## CHAPTER 3. State Responsibilities [14010 - 14121] ( Chapter 3 added by Stats. 2006, Ch. 630, Sec. 4. ) ## ARTICLE 1. California Workforce Development Board [14010 - 14017.2] ( Heading of Article 1 amended by Stats. 2015, Ch. 94, Sec. 9. ) ## 14014. (a) Consistent with the intent of paragraph (3) of subdivision (b) of Section 14000, the California Workforce Development Board shall collect and report program and outcome data for its high road workforce programs. (b) Pursuant to subdivision (a), all of the following shall apply: (1) The Employment Development Department shall make available to the board any and all wage and employment data necessary to evaluate all relevant programs and grants. (2) All grant applicants and program beneficiaries participating in a high road training partnership program shall provide any and all necessary information to the state to facilitate public transparency, accountability, and grant and program performance evaluation, including any relevant data needed to determine the outcomes and benefits of programing and grants funded for program participants, high road training partnerships, industry, and the workforce system. (3) All grants and programming shall be evaluated using criteria, metrics, and data that include, but are not limited to, information pertaining to the ability of grantees and program administrators to conduct and complete relevant programming as demonstrated through appropriate quantitative and qualitative analysis, including the use of appropriate outcome metrics. (4) For funds and grants providing direct workforce, training, and education services to individuals, the board shall report all of the following: (A) Who is receiving the services, including data on the demographics of the individuals receiving services. (B) The nature of the services received collected at the individual level. (C) Data pertaining to participant program and employment outcomes of individuals receiving services including: (i) The employment rates of individuals served to measure initial job placement and retention over time. (ii) The wages and wage growth of individuals served during and after program participation. (5) Recognizing that the outcome data specified in this section frequently lags program implementation activities, progress reports and interim evaluation reports consistent with the requirements of this section shall be provided to the Legislature by the board, after it receives and administers funding under the relevant budget allocations, by October 1 of even-numbered years utilizing whatever program participant and outcome data is available. The report shall also include, but not be limited to, the number of grants awarded, the average award amounts, geographic distribution of awards, and types of industries awarded. (6) Final evaluation reports for all grants and programs shall be provided to the Legislature 18 months after all available labor market outcome data specified in this section becomes available. (Added by Stats. 2021, Ch. 78, Sec. 16. (AB 138) Effective July 16, 2021.)
  171. 14015.

    ## Unemployment Insurance Code - UIC ## DIVISION 7. CALIFORNIA WORKFORCE INNOVATION AND OPPORTUNITY ACT [14000 - 14531] ( Heading of Division 7 amended by Stats. 2015, Ch. 94, Sec. 3. ) ## CHAPTER 3. State Responsibilities [14010 - 14121] ( Chapter 3 added by Stats. 2006, Ch. 630, Sec. 4. ) ## ARTICLE 1. California Workforce Development Board [14010 - 14017.2] ( Heading of Article 1 amended by Stats. 2015, Ch. 94, Sec. 9. )

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    Board members may be paid for attending meetings and official business, and they must be reimbursed for necessary and actual expenses.

    ## Unemployment Insurance Code - UIC ## DIVISION 7. CALIFORNIA WORKFORCE INNOVATION AND OPPORTUNITY ACT [14000 - 14531] ( Heading of Division 7 amended by Stats. 2015, Ch. 94, Sec. 3. ) ## CHAPTER 3. State Responsibilities [14010 - 14121] ( Chapter 3 added by Stats. 2006, Ch. 630, Sec. 4. ) ## ARTICLE 1. California Workforce Development Board [14010 - 14017.2] ( Heading of Article 1 amended by Stats. 2015, Ch. 94, Sec. 9. ) ## 14015. Members of the board may receive up to one hundred dollars ($100) for each day’s actual attendance at meetings and other official business of the board, not to exceed three hundred dollars ($300) per month, and shall receive their necessary and actual expenses incurred in the performance of their official duties. (Added by Stats. 2006, Ch. 630, Sec. 4. Effective January 1, 2007. See conditional termination clause in Section 14007.)
  172. 14017.

    ## Unemployment Insurance Code - UIC ## DIVISION 7. CALIFORNIA WORKFORCE INNOVATION AND OPPORTUNITY ACT [14000 - 14531] ( Heading of Division 7 amended by Stats. 2015, Ch. 94, Sec. 3. ) ## CHAPTER 3. State Responsibilities [14010 - 14121] ( Chapter 3 added by Stats. 2006, Ch. 630, Sec. 4. ) ## ARTICLE 1. California Workforce Development Board [14010 - 14017.2] ( Heading of Article 1 amended by Stats. 2015, Ch. 94, Sec. 9. )

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    The California Workforce Development Board and the Department of Consumer Affairs must take steps to expand earn-and-learn job training in allied health professions, including a board report and a stakeholder process.

    ## Unemployment Insurance Code - UIC ## DIVISION 7. CALIFORNIA WORKFORCE INNOVATION AND OPPORTUNITY ACT [14000 - 14531] ( Heading of Division 7 amended by Stats. 2015, Ch. 94, Sec. 3. ) ## CHAPTER 3. State Responsibilities [14010 - 14121] ( Chapter 3 added by Stats. 2006, Ch. 630, Sec. 4. ) ## ARTICLE 1. California Workforce Development Board [14010 - 14017.2] ( Heading of Article 1 amended by Stats. 2015, Ch. 94, Sec. 9. ) ## 14017. (a) In efforts to expand job training and employment for allied health professions, the California Workforce Development Board, in consultation with the Division of Apprenticeship Standards, shall do the following: (1) Identify opportunities for “earn and learn” job training opportunities that meet the industry’s workforce demands and that are in high road, high-demand jobs. (2) Identify and develop specific requirements and qualifications for entry into “earn and learn” job training models. (3) Establish standards for “earn and learn” job training programs that are outcome oriented and accountable. The standards shall measure the results from program participation, including a measurement of how many complete the program with an industry-recognized credential that certifies that the individual is ready to enter the specific allied health profession for which the individual has been trained. (4) Develop means to identify, assess, and prepare a pool of qualified candidates seeking to enter “earn and learn” job training models. (b) (1) The board, on or before December 1, 2015, shall prepare and submit to the appropriate policy committees of the Legislature a report on the findings and recommendations of the board. (2) The requirement for submitting a report imposed pursuant to this subdivision is inoperative on January 1, 2019, pursuant to Section 10231.5 of the Government Code. (c) (1) The Department of Consumer Affairs shall engage in a stakeholder process to update policies and remove barriers to facilitate the development of earn and learn training programs in the allied health professions, including barriers identified in the report prepared by the board pursuant to subdivision (b), entitled Expanding Earn and Learn Models in the California Health Care Industry. The stakeholder process shall include all of the following: (A) The department convening allied health workforce stakeholders, which shall include, but are not limited to, the department’s relevant licensure boards, the Division of Apprenticeship Standards, representatives appointed by the board of governors from the California community college system, the California Workforce Development Board, and the State Department of Public Health, and which may include other relevant entities such as the Office of Statewide Health Planning and Development, employer and worker representatives, and community-based organizations. (B) Addressing issues that include, but are not limited to, prelicensure classifications in allied health occupations that would allow students, in a supervised setting, to gain experience in their chosen field before obtaining licensure, and the payment of wages while in a workplace-based training program. (C) The department ensuring that existing standards of consumer protection are maintained. (D) Sharing any statutory barriers identified through this process with the relevant committees of the Legislature. (2) The process described in paragraph (1) shall be completed by, and this subdivision shall be inoperative on, January 1, 2020. (Amended by Stats. 2021, Ch. 78, Sec. 17. (AB 138) Effective July 16, 2021. See conditional termination clause in Section 14007.)
  173. 14017.1.

    ## Unemployment Insurance Code - UIC ## DIVISION 7. CALIFORNIA WORKFORCE INNOVATION AND OPPORTUNITY ACT [14000 - 14531] ( Heading of Division 7 amended by Stats. 2015, Ch. 94, Sec. 3. ) ## CHAPTER 3. State Responsibilities [14010 - 14121] ( Chapter 3 added by Stats. 2006, Ch. 630, Sec. 4. ) ## ARTICLE 1. California Workforce Development Board [14010 - 14017.2] ( Heading of Article 1 amended by Stats. 2015, Ch. 94, Sec. 9. )

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    The board and the Employment Development Department must work together to measure and report job training placement outcomes, create a data plan, and submit it to the Legislature.

    ## Unemployment Insurance Code - UIC ## DIVISION 7. CALIFORNIA WORKFORCE INNOVATION AND OPPORTUNITY ACT [14000 - 14531] ( Heading of Division 7 amended by Stats. 2015, Ch. 94, Sec. 3. ) ## CHAPTER 3. State Responsibilities [14010 - 14121] ( Chapter 3 added by Stats. 2006, Ch. 630, Sec. 4. ) ## ARTICLE 1. California Workforce Development Board [14010 - 14017.2] ( Heading of Article 1 amended by Stats. 2015, Ch. 94, Sec. 9. ) ## 14017.1. (a) To ensure that job training services investments are linked to regional labor market demand and provide opportunities for upward mobility, the board and the Employment Development Department shall work collaboratively to measure and report on training-related job placement outcomes for individuals receiving job training services provided through the workforce system, including all job training services funded by Title I of the federal Workforce Innovation and Opportunity Act (Pub. L. 113-128) and through grants administered by the board, regardless of the source of the moneys. (b) For purposes of measuring training-related job placement outcomes, gathering data to report, and otherwise fulfilling subdivision (a), the board and the Employment Development Department shall work collaboratively to create a plan to use the existing unemployment insurance tax data collection infrastructure used to secure quarterly wage data from employers, to match relevant employee occupational data, employee place of employment data, and employee hours worked data, to persons who enroll in job training services. The plan shall include timelines, budget, funding constraints, and an outline of any additional recommended or necessary statutory changes to collect relevant data. The plan shall also outline the means for all of the following: (1) Requiring local workforce development boards and grantees of board-administered grants to collect and report industry and occupation-specific data for all persons who enroll in job training services, including through the use of case management and performance reporting systems deployed for state and federal data collection and reporting. (2) Developing and implementing a method to measure the second- and fourth-quarter prior earnings of a person, who is enrolled in a job training service, for purposes of measuring the person’s increase in earnings following their participation in and exit from a program. (3) Developing and implementing a means to measure wage and employment outcomes for a person following that person’s participation in a job training service during the second, fourth, eighth, and twelfth quarters following participation in and exit from a program for purposes of measuring the person’s increase in earnings over time. (4) Calculating, by region, industry, occupation, and job training service provider, the wages, wage gains, employment rates, and training-related job placement rates at the second, fourth, eighth, and twelfth quarters following a person’s participation in and exit from a program. (5) Calculating, by region, industry, occupation, and job training service provider, the rate of persons who participated in a job training service and who became employed at a wage at or above a living wage for the region. This calculation shall take into account the cost of living in the regional labor market where the person works or lives. The employment rate calculation shall be calculated at the second, fourth, eighth, and twelfth quarters following a person’s participation in and exit from a program. (6) Calculating program completion, credential attainment, and measurable skills gains rates by job training service provider, industry, occupation, and region. (7) Determining, by region, industry, occupation, and job training service provider, whether participation in a job training service, completion of a job training service, credential attainment, and measurable skills gains have an empirically verifiable impact on assisting persons in achieving employment, training-related job placement, wages, and wage gain that places those persons at or above a living wage for the region. This determination shall take into account the cost of living in the regional labor market where the person works or lives. (8) Developing and implementing a means of working with the local workforce development boards to notify, prior to their enrollment in a job training service, a person seeking to enroll in those services of the board’s and Employment Development Department’s findings on the efficacy of those services, particularly with respect to the likelihood of training related job placement, the likelihood of job placement at or above a regional living wage, and the likelihood of wage gains at the second, fourth, eighth, and twelfth quarters following a person’s participation in and exit from a program. Those findings shall be disaggregated by region, job training services provider, industry, and occupation. (9) The board and the Employment Development Department shall, in compliance with Section 9795 of the Government Code, submit the plan to the Legislature no later than January 1, 2024. (c) (1) Upon appropriation by the Legislature, the Employment Development Department and the board shall implement the plan developed pursuant to subdivision (b) to meet the reporting requirements of this chapter. Two years after the appropriation, the Employment Development Department and the board shall summarize and provide to the Legislature an initial report on the status of the implementation plan and the initial findings using the available data in alignment with subdivision (b). (2) The report and findings required by paragraph (1) shall be provided to the Senate Committee on Business, Professions and Economic Development, Assembly Committee on Business and Professions, Senate Committee on Education, Assembly Committee on Education, Senate Committee on Labor, Public Employment and Retirement, and Assembly Committee on Labor and Employment. The report shall not include any personally identifiable information. (3) Following the initial report in paragraph (1), the board and Employment Development Department shall annually update and include their findings in the report required to be submitted to the Legislature by subdivision (c) of Section 14211. (4) If any portion of the reporting requirements of this section cannot be implemented absent further statutory change, the remaining requirements shall continue to be in effect. (d) For purposes of this section, both of the following definitions shall apply: (1) “Job training services” has the same meaning as “training services,” as that term is defined in Section 3174(c)(3)(D) of Title 29 of the United States Code and the corresponding sections of the Code of Federal Regulations, and as that term is expanded on in paragraph (3) of subdivision (a) of Section 14211. (2) “Local workforce development board” means a local workforce development board formed pursuant to Article 1 (commencing with Section 14200) of Chapter 4. (3) “Participation in a job training service” shall mean participation in, but not necessarily completion of, the service. (4) “Program” means a program under Title I of the federal Workforce Innovation and Opportunity Act or a grant program administered by the California Workforce Development Board. (5) “Training-related job placement” means employment in an occupation or occupations directly related to the occupation or occupations for which the job training curricula is designed. (Added by Stats. 2022, Ch. 815, Sec. 2. (SB 755) Effective January 1, 2023. See conditional termination clause in Section 14007.)
  174. 14017.2.

    ## Unemployment Insurance Code - UIC ## DIVISION 7. CALIFORNIA WORKFORCE INNOVATION AND OPPORTUNITY ACT [14000 - 14531] ( Heading of Division 7 amended by Stats. 2015, Ch. 94, Sec. 3. ) ## CHAPTER 3. State Responsibilities [14010 - 14121] ( Chapter 3 added by Stats. 2006, Ch. 630, Sec. 4. ) ## ARTICLE 1. California Workforce Development Board [14010 - 14017.2] ( Heading of Article 1 amended by Stats. 2015, Ch. 94, Sec. 9. )

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    This section directs state workforce funds to Los Angeles County for wildfire recovery and related training, authorizes limited state administration spending, and requires program quality standards and access to expedited licensing when feasible.

    ## Unemployment Insurance Code - UIC ## DIVISION 7. CALIFORNIA WORKFORCE INNOVATION AND OPPORTUNITY ACT [14000 - 14531] ( Heading of Division 7 amended by Stats. 2015, Ch. 94, Sec. 3. ) ## CHAPTER 3. State Responsibilities [14010 - 14121] ( Chapter 3 added by Stats. 2006, Ch. 630, Sec. 4. ) ## ARTICLE 1. California Workforce Development Board [14010 - 14017.2] ( Heading of Article 1 amended by Stats. 2015, Ch. 94, Sec. 9. ) ## 14017.2. (a) The California Workforce Development Board shall allocate the funds appropriated to the board pursuant to paragraph (4) of subdivision (b) of Section 19.56 of the Budget Act of 2025, as amended by Assembly Bill 102 of the 2025–26 Regular Session, to the Los Angeles County Department of Economic Opportunity for workforce development strategies, such as education, high-road training partnerships, and other job training programs, preapprenticeships, transitional jobs, or supportive services, including stipends, for underemployed and unemployed low- to moderate-income individuals to ensure a skilled and sufficient workforce for the scale of rebuilding and recovery of areas in the Counties of Los Angeles and Ventura impacted by the 2025 wildfires and to support underemployed and unemployed low- to moderate-income workers affected by the fires. This also includes rapid response and layoff aversion, recruitment services, financial incentives, and customized training opportunities for businesses impacted by the fires and those hiring impacted workers as part of the rebuild and recovery. The funds are also for new or expanded job and business centers and operations near the fire zones to ensure close proximity of programs and services for dislocated and impacted workers and businesses. (b) The Los Angeles County Department of Economic Opportunity shall reallocate six hundred thousand dollars ($600,000) to the Economic Development Collaborative to be used for the purposes specified in this section. (c) Notwithstanding subdivision (a), the California Workforce Development Board may use up to 5 percent of the total allocation for state administration. (d) The California Workforce Development Board shall allow the Los Angeles County Department of Economic Opportunity to subcontract with other entities to fulfill the provisions and intent of subdivision (a). (e) The California Workforce Development Board shall require quality standards and practices, as defined in subdivisions (s) and (t) of Section 14005. (f) In developing and implementing workforce development strategies funded pursuant to this section, the Los Angeles County Department of Economic Opportunity shall focus on employment in public and private sector jobs in construction, utilities, firefighting, health care, social services, education, childcare, housing, and shelter assistance, or other areas essential to emergency response, disaster relief, recovery, rebuilding, and regional economic development and resilience. (g) To ensure there is a direct pipeline into the workforce, individuals participating in workforce programs funded pursuant to this section shall have access to expedited licensing and certification, if feasible. (Added by Stats. 2025, Ch. 532, Sec. 1. (AB 338) Effective October 10, 2025. See conditional termination clause in Section 14007.)
  175. 14020.

    ## Unemployment Insurance Code - UIC ## DIVISION 7. CALIFORNIA WORKFORCE INNOVATION AND OPPORTUNITY ACT [14000 - 14531] ( Heading of Division 7 amended by Stats. 2015, Ch. 94, Sec. 3. ) ## CHAPTER 3. State Responsibilities [14010 - 14121] ( Chapter 3 added by Stats. 2006, Ch. 630, Sec. 4. ) ## ARTICLE 2. State Planning and Sectors [14020- 14020.] ( Heading of Article 2 amended by Stats. 2015, Ch. 94, Sec. 14. )

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    The California Workforce Development Board must develop and carry out the State Plan and related workforce planning tasks.

    ## Unemployment Insurance Code - UIC ## DIVISION 7. CALIFORNIA WORKFORCE INNOVATION AND OPPORTUNITY ACT [14000 - 14531] ( Heading of Division 7 amended by Stats. 2015, Ch. 94, Sec. 3. ) ## CHAPTER 3. State Responsibilities [14010 - 14121] ( Chapter 3 added by Stats. 2006, Ch. 630, Sec. 4. ) ## ARTICLE 2. State Planning and Sectors [14020- 14020.] ( Heading of Article 2 amended by Stats. 2015, Ch. 94, Sec. 14. ) ## 14020. (a) The California Workforce Development Board, in collaboration with state and local partners, including the Chancellor of the California Community Colleges, the State Department of Education, other appropriate state agencies, and local workforce development boards, shall develop the State Plan to serve as a framework for the development of public policy, employment services, fiscal investment, and operation of all state labor exchange, workforce education, and training programs to address the state’s economic, demographic, and workforce needs. The strategic workforce plan shall be prepared in a manner consistent with the requirements of the federal Workforce Innovation and Opportunity Act of 2014. (b) Consistent with the federal Workforce Innovation and Opportunity Act, the State Plan shall provide a framework for state workforce policies and support sector strategies. (c) The California Workforce Development Board shall work collaboratively with state and local partners to identify ways to eliminate systemwide barriers and better align and leverage federal, state, and local Workforce Innovation and Opportunity Act funding streams, and other funding streams, and policies to develop, support, and sustain regional alliances of employers and workforce and education professionals who are working to improve the educational pipeline, establish well-articulated career pathways, provide industry-recognized credentials, certificates, and recognized postsecondary credentials, and address the career advancement needs of current and future workers in competitive and emergent industry sectors and clusters. The California Workforce Development Board and its partners shall work collaboratively to maximize state and local investments and pursue other resources to address the skills-gap needs identified pursuant to paragraph (3) of subdivision (d). (d) In order to support the requirement of the plans in subdivision (a), the California Workforce Development Board shall do the following: (1) Identify industry sectors and industry clusters that have a competitive economic advantage and demonstrated economic importance to the state and its regional economies. In developing this analysis, the California Workforce Development Board shall consider the expertise of local workforce development boards in the state’s respective regional economies and shall encourage the local workforce development boards to identify industry sectors and industry clusters that have a competitive economic advantage and demonstrated economic importance in their respective local workforce development areas. (2) Identify new dynamic emergent industry sectors and industry clusters with substantial potential to generate new jobs and income growth for the state and its regional economies. In developing this analysis, the California Workforce Development Board shall consider the expertise of local workforce development boards in the state’s respective regional economies and shall encourage the local workforce development boards to identify new dynamic emergent industry sectors and industry clusters with substantial potential to generate new jobs and income growth in their respective local workforce development areas. (3) Provide a skills-gap analysis enumerating occupational and skills shortages in the industry sectors and industry clusters identified as having strategic importance to the state’s economy and its regional economies. In developing this analysis, the California Workforce Development Board shall consider the expertise of local workforce development boards in the state’s respective regional economies and shall encourage the local workforce development boards to conduct skills-gap analysis for their respective local workforce development areas. Skills-gap analysis for the state and its regional economies shall use labor market data to specify a list of high-priority, in-demand occupations for the state and its regional economies. This list shall be used to inform investment decisions and eligible training provider policies. (4) Establish, with input from local workforce development boards and other stakeholders, initial and subsequent eligibility criteria for the federal Workforce Innovation and Opportunity Act of 2014 eligible training provider list that effectively directs training resources into training programs leading to employment in high-demand, high-priority, and occupations that provide economic security, particularly those facing a shortage of skilled workers. The subsequent eligibility criteria, to the extent feasible, shall use performance and outcome measures to determine whether a provider is qualified to remain on the list. At a minimum, initial and subsequent eligibility criteria shall consider the following: (A) The relevance of the training program to the workforce needs of the state’s strategic industry sectors and industry clusters. (B) The need to plug skills gaps and skills shortages in the economy, including skills gaps and skills shortages at the state and regional level. (C) The need to plug skills gaps and skills shortages in local workforce development areas. (D) The likelihood that the training program will lead to job placement in a job providing economic security or job placement in an entry-level job that has a well-articulated career pathway or career ladder to a job providing economic security. (E) The need for basic skills in combination with programs that provide occupational skills training for individuals with barriers to employment and those who would otherwise be unable to enter occupational skills training. (F) To the extent feasible, utilize criteria that measure training and education provider performance, including, but not limited to, the following: (i) Measures of skills or competency attainment. (ii) Measures relevant to program completion, including measures of course, certificate, degree, licensure, and program of study rate of completion. (iii) For those entering the labor market, measures of employment placement and retention. (iv) For those continuing in training or education, measures of educational or training progression. (v) For those who have entered the labor market, measures of income, including wage measures. (G) The division of labor for making initial and subsequent eligibility determinations under this division shall be modeled on the division of labor envisioned in the federal Workforce Innovation and Opportunity Act of 2014. (H) If the state receives a waiver from the federal subsequent eligibility provisions specified in the federal Workforce Innovation and Opportunity Act of 2014, the state workforce development board shall establish its own subsequent eligibility criteria that take into account all of the criteria specified in subparagraphs (A) to (G), inclusive. (Amended by Stats. 2015, Ch. 94, Sec. 15. (AB 1270) Effective January 1, 2016. See conditional termination clause in Section 14007.)
  176. 14030.

    ## Unemployment Insurance Code - UIC ## DIVISION 7. CALIFORNIA WORKFORCE INNOVATION AND OPPORTUNITY ACT [14000 - 14531] ( Heading of Division 7 amended by Stats. 2015, Ch. 94, Sec. 3. ) ## CHAPTER 3. State Responsibilities [14010 - 14121] ( Chapter 3 added by Stats. 2006, Ch. 630, Sec. 4. ) ## ARTICLE 3. Removing Barriers to Employment Act [14030 - 14038] ( Article 3 added by Stats. 2017, Ch. 824, Sec. 1. )

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    This section defines “Breaking Barriers to Employment Initiative” or “initiative” as the initiative established in this article.

    ## Unemployment Insurance Code - UIC ## DIVISION 7. CALIFORNIA WORKFORCE INNOVATION AND OPPORTUNITY ACT [14000 - 14531] ( Heading of Division 7 amended by Stats. 2015, Ch. 94, Sec. 3. ) ## CHAPTER 3. State Responsibilities [14010 - 14121] ( Chapter 3 added by Stats. 2006, Ch. 630, Sec. 4. ) ## ARTICLE 3. Removing Barriers to Employment Act [14030 - 14038] ( Article 3 added by Stats. 2017, Ch. 824, Sec. 1. ) ## 14030. As used in this article, “Breaking Barriers to Employment Initiative” or “initiative” means the Breaking Barriers to Employment Initiative established in this article. (Added by Stats. 2017, Ch. 824, Sec. 1. (AB 1111) Effective January 1, 2018. See conditional termination clause in Section 14007.)
  177. 14031.

    ## Unemployment Insurance Code - UIC ## DIVISION 7. CALIFORNIA WORKFORCE INNOVATION AND OPPORTUNITY ACT [14000 - 14531] ( Heading of Division 7 amended by Stats. 2015, Ch. 94, Sec. 3. ) ## CHAPTER 3. State Responsibilities [14010 - 14121] ( Chapter 3 added by Stats. 2006, Ch. 630, Sec. 4. ) ## ARTICLE 3. Removing Barriers to Employment Act [14030 - 14038] ( Article 3 added by Stats. 2017, Ch. 824, Sec. 1. )

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    This provision says funded efforts should support California’s broader workforce and education system, focus on reducing labor-market disparities, and use community-based partnerships to help people with barriers to employment enter and complete training and find work.

    ## Unemployment Insurance Code - UIC ## DIVISION 7. CALIFORNIA WORKFORCE INNOVATION AND OPPORTUNITY ACT [14000 - 14531] ( Heading of Division 7 amended by Stats. 2015, Ch. 94, Sec. 3. ) ## CHAPTER 3. State Responsibilities [14010 - 14121] ( Chapter 3 added by Stats. 2006, Ch. 630, Sec. 4. ) ## ARTICLE 3. Removing Barriers to Employment Act [14030 - 14038] ( Article 3 added by Stats. 2017, Ch. 824, Sec. 1. ) ## 14031. (a) All efforts funded under this initiative are intended to supplement and be aligned with the broader workforce and education system in the State of California. The initiative is intended to focus on innovative approaches to, and proven practices for, addressing racial, ethnic, and socioeconomic disparities in the labor market. (b) The primary purpose of the initiative is to provide individuals with barriers to employment the services they need to enter, participate in, and complete broader workforce preparation, training, and education programs aligned with regional labor market needs. Those who complete these programs should have the skills and competencies necessary to successfully enter the labor market, retain employment, and earn wages that lead to self-sufficiency, and eventually, economic mobility and security. (c) The distinguishing characteristic of the initiative is the manner in which services will be delivered at the local and regional level. Under the initiative, services shall be delivered principally through a collaborative partnership between mission-driven, community-based organizations with experience in providing services and relevant relationships to targeted populations, consistent with the objectives of this initiative and to the populations specified, which may include, but are not limited to, faith-based, business-based, labor-based, including labor-management partnerships and labor-community partnerships, cultural-based, and services-based organizations, employment social enterprises, worker centers, and local workforce development boards to strengthen the America’s Job Center of California system. The role of the community-based organizations shall be to use their expertise in working with targeted populations and employers to ensure that individuals from these targeted populations receive the necessary supplemental, supportive, remedial, and wraparound services they need to successfully enter, participate in, and complete workforce and education programs and enter, be retained, and advance in the labor market. The role of local workforce development boards is to ensure a connection between community-based organizations and the America’s Job Center of California system to integrate individuals served by community-based organizations under this initiative into the education system and broader workforce for employment. (Amended by Stats. 2021, Ch. 323, Sec. 1. (AB 628) Effective January 1, 2022. See conditional termination clause in Section 14007.)
  178. 14032.

    ## Unemployment Insurance Code - UIC ## DIVISION 7. CALIFORNIA WORKFORCE INNOVATION AND OPPORTUNITY ACT [14000 - 14531] ( Heading of Division 7 amended by Stats. 2015, Ch. 94, Sec. 3. ) ## CHAPTER 3. State Responsibilities [14010 - 14121] ( Chapter 3 added by Stats. 2006, Ch. 630, Sec. 4. ) ## ARTICLE 3. Removing Barriers to Employment Act [14030 - 14038] ( Article 3 added by Stats. 2017, Ch. 824, Sec. 1. )

    Verify source ↗

    This section controls how initiative grant funding is used, who can apply, and what every application must include.

    ## Unemployment Insurance Code - UIC ## DIVISION 7. CALIFORNIA WORKFORCE INNOVATION AND OPPORTUNITY ACT [14000 - 14531] ( Heading of Division 7 amended by Stats. 2015, Ch. 94, Sec. 3. ) ## CHAPTER 3. State Responsibilities [14010 - 14121] ( Chapter 3 added by Stats. 2006, Ch. 630, Sec. 4. ) ## ARTICLE 3. Removing Barriers to Employment Act [14030 - 14038] ( Article 3 added by Stats. 2017, Ch. 824, Sec. 1. ) ## 14032. (a) Funding for the initiative shall be subject to appropriation by the Legislature, but only for the purposes expressed in this article, and shall not draw from, supplant, or redirect existing state or federally funded education, workforce, or employment services programs, except that those funds may, but shall not be required to, be used as leverage with initiative funds. (b) Implementation of the initiative shall be contingent upon the California Workforce Development Board notifying the Department of Finance that sufficient moneys have been appropriated by the Legislature for this purpose. (c) Outreach shall be provided to prospective applicants, especially for small community-based organizations, organizations without a preexisting relationship to the local workforce boards, and organizations serving rural and small population areas. (d) (1) Grants shall be awarded on a competitive basis. (2) Notwithstanding any law, no more than 15 percent of all moneys appropriated by the Legislature for the award of grants under this section shall be granted to lead applicants who receive an exception under subparagraph (B) of paragraph (1) of subdivision (f). (e) The California Workforce Development Board shall develop criteria for the selection of grant recipients that include, but are not limited to, all of the following: (1) Grant recipients have demonstrated experience working to ensure populations who have been historically disenfranchised from the labor market have access to quality jobs in their regions. (2) Applications shall explain the community-based organization’s capacity to provide services to relevant target populations and provide evidence of this capacity. (3) Each grant proposal shall be consistent with the purposes of the initiative. (f) Each application shall be submitted to the California Workforce Development Board and shall, at a minimum, include all of the following: (1) (A) Designation of a partner entity that is a lead workforce development board or community-based organization with experience in providing services consistent with the objectives of this initiative and to the populations specified, which may include, but is not limited to, faith-based, business-based, labor-based, including labor-management partnerships and labor-community partnerships, cultural-based, and services-based organizations. (B) Notwithstanding subparagraph (A), an exception to the requirement of that subparagraph may be granted in instances where the lead applicant demonstrates, in writing to the California Workforce Development Board or the designated oversight authority as determined by the board, that securing a partner entity was not possible before the application deadline closed. However, the remaining criteria for the selection of grant recipients shall be required to be satisfied. (2) The designation of one or more targeted populations that will be served by the grant. (3) The designation of a service area, which may include one or more neighborhoods, local jurisdictions, regions, or statewide. (4) An explanation of the specific purpose and goals of the grant award, the roles and responsibilities of the lead applicant and partner entities, and a discussion of how funds will be used and success will be measured, the number of individuals who will be served, and the services provided to these individuals. Documentation shall be included to demonstrate that each partnering entity has agreed to the activities in the grant proposal. (5) A description of how the grant proposal is designed to complement the work of, and integrate the individuals being served with, the broader workforce, education, and employment system within the proposed service area, and evidence that the proposal incorporates innovative strategies or proven practices for service delivery that will lead to improved outcomes, sustainability, and systems improvement. (6) A grant application may be submitted by a workforce development board or community-based organization as a single fiscal agent and may include additional partners. (Amended by Stats. 2024, Ch. 224, Sec. 1. (AB 2873) Effective January 1, 2025. See conditional termination clause in Section 14007.)
  179. 14033.

    ## Unemployment Insurance Code - UIC ## DIVISION 7. CALIFORNIA WORKFORCE INNOVATION AND OPPORTUNITY ACT [14000 - 14531] ( Heading of Division 7 amended by Stats. 2015, Ch. 94, Sec. 3. ) ## CHAPTER 3. State Responsibilities [14010 - 14121] ( Chapter 3 added by Stats. 2006, Ch. 630, Sec. 4. ) ## ARTICLE 3. Removing Barriers to Employment Act [14030 - 14038] ( Article 3 added by Stats. 2017, Ch. 824, Sec. 1. )

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    Grant applicants must give the California Workforce Development Board the information needed to evaluate grant performance, and the Board must post a final report within one year after the program ends.

    ## Unemployment Insurance Code - UIC ## DIVISION 7. CALIFORNIA WORKFORCE INNOVATION AND OPPORTUNITY ACT [14000 - 14531] ( Heading of Division 7 amended by Stats. 2015, Ch. 94, Sec. 3. ) ## CHAPTER 3. State Responsibilities [14010 - 14121] ( Chapter 3 added by Stats. 2006, Ch. 630, Sec. 4. ) ## ARTICLE 3. Removing Barriers to Employment Act [14030 - 14038] ( Article 3 added by Stats. 2017, Ch. 824, Sec. 1. ) ## 14033. (a) The purpose of the initiative shall be to provide individuals with barriers to employment the services they need to enter, participate in, and complete broader workforce preparation, training and education programs, and, ultimately, to obtain and retain employment. Specifically, the program should strive to address racial and ethnic exclusion and inequity in the labor force and enhance racial and economic justice. Projects should create pipelines to quality jobs, upward mobility, and income security for workers historically excluded from quality jobs and economic prosperity. Special emphasis shall be given to applications that integrate individuals from target populations into career pathway programs aligned with regional labor market needs. (b) Grants shall be evaluated using the following criteria: (1) Ability to provide the services proposed in the grant to the number of individuals specified in the grant as evidenced by, among other things, whether the grantee completed the work proposed. (2) Ability of individuals to successfully complete relevant programming funded under the grant as demonstrated by relevant measures directly related to the purpose of the program. (3) Ability of individuals to transition into or be integrated into the broader workforce and education system as evidenced by employment and enrollment in relevant programs. (4) Ability of individuals to succeed in both the broader workforce and education system and labor market once they transition into the broader system. This may be measured by tracking these individuals utilizing the existing performance monitoring systems and metrics governing relevant programs and outcomes once they transition into the broader system. (5) Ability for program participants to inform programming on an ongoing basis and evaluate program performance and success. (6) The degree to which program activities acknowledge and address historic racial inequity and socioeconomic barriers to labor force participation for targeted population groups. (7) The degree to which leadership at the executive level of the lead applicant organization reflects the target populations in Section 14034. (8) The degree to which at least 25 percent of the lead applicant organization’s staff reflects the target populations in Section 14034. (c) Grant applicants shall provide all necessary information to the California Workforce Development Board, or the board’s designee, to facilitate grant performance evaluation. (d) Grant applicants and partners may be required to participate in technical assistance activities, including, but not limited to, the convening of communities of practice to identify and help replicate evidence-based practices and to help facilitate an assessment and evaluation of grant performance and initiative success. (e) The California Workforce Development Board shall issue a final report to be posted on its internet website. The final report shall be posted no later than one year following the completion of the program. The reports shall include, but not be limited to, the programmatic impact on the target populations, the fiscal savings associated with the program, key conclusions, the benefits conferred or realized using quantitative and qualitative data, demographic data, and data on the languages spoken by the populations served by the grant. (Amended by Stats. 2024, Ch. 224, Sec. 2. (AB 2873) Effective January 1, 2025. See conditional termination clause in Section 14007.)
  180. 14034.

    ## Unemployment Insurance Code - UIC ## DIVISION 7. CALIFORNIA WORKFORCE INNOVATION AND OPPORTUNITY ACT [14000 - 14531] ( Heading of Division 7 amended by Stats. 2015, Ch. 94, Sec. 3. ) ## CHAPTER 3. State Responsibilities [14010 - 14121] ( Chapter 3 added by Stats. 2006, Ch. 630, Sec. 4. ) ## ARTICLE 3. Removing Barriers to Employment Act [14030 - 14038] ( Article 3 added by Stats. 2017, Ch. 824, Sec. 1. )

    Verify source ↗

    This section lists populations that may be served by grants to remove barriers to employment.

    ## Unemployment Insurance Code - UIC ## DIVISION 7. CALIFORNIA WORKFORCE INNOVATION AND OPPORTUNITY ACT [14000 - 14531] ( Heading of Division 7 amended by Stats. 2015, Ch. 94, Sec. 3. ) ## CHAPTER 3. State Responsibilities [14010 - 14121] ( Chapter 3 added by Stats. 2006, Ch. 630, Sec. 4. ) ## ARTICLE 3. Removing Barriers to Employment Act [14030 - 14038] ( Article 3 added by Stats. 2017, Ch. 824, Sec. 1. ) ## 14034. Populations eligible to be served by grants include, but are not limited to, all of the following: (a) Youths who are at risk of disconnection or disconnected from the education system or employment. (b) Women seeking training or education to move into nontraditional fields of employment. (c) Displaced workers and long-term unemployed. (d) Low-wage workers. (e) Persons for whom English is not their primary language. (f) Economically disadvantaged persons. (g) CalWORKs participants. (h) Persons who are incarcerated and soon to be released or formerly incarcerated. (i) Armed services veterans. (j) Native Americans. (k) Migrants or seasonal farmworkers. (l) Persons with developmental or other disabilities. (m) Any other population with barriers to employment identified in subdivision (j) of Section 14005. (n) Immigrants. (o) Persons who reside in cities that are disproportionately impacted by violence or are enrolled in violence prevention or mitigation programs. (p) Persons who are victims of domestic violence or community violence. (q) Persons over 50 years of age who need retraining for in-demand skills. (r) Population groups with disproportionate numbers of people living in ZIP Codes of concentrated poverty. (s) Population groups that are disproportionately impacted by occupational segregation and who are underrepresented in jobs as defined by the Civil Rights Department in their enforcement of the California Equal Pay Act. (t) Populations that have been disproportionately impacted by unemployment, job interruption, and displacement during the pandemic. (u) Persons diagnosed with autism. (Amended by Stats. 2022, Ch. 48, Sec. 75. (SB 189) Effective June 30, 2022. See conditional termination clause in Section 14007.)
  181. 14035.

    ## Unemployment Insurance Code - UIC ## DIVISION 7. CALIFORNIA WORKFORCE INNOVATION AND OPPORTUNITY ACT [14000 - 14531] ( Heading of Division 7 amended by Stats. 2015, Ch. 94, Sec. 3. ) ## CHAPTER 3. State Responsibilities [14010 - 14121] ( Chapter 3 added by Stats. 2006, Ch. 630, Sec. 4. ) ## ARTICLE 3. Removing Barriers to Employment Act [14030 - 14038] ( Article 3 added by Stats. 2017, Ch. 824, Sec. 1. )

    Verify source ↗

    This section lists activities that may be included as eligible uses of initiative and grant funds.

    ## Unemployment Insurance Code - UIC ## DIVISION 7. CALIFORNIA WORKFORCE INNOVATION AND OPPORTUNITY ACT [14000 - 14531] ( Heading of Division 7 amended by Stats. 2015, Ch. 94, Sec. 3. ) ## CHAPTER 3. State Responsibilities [14010 - 14121] ( Chapter 3 added by Stats. 2006, Ch. 630, Sec. 4. ) ## ARTICLE 3. Removing Barriers to Employment Act [14030 - 14038] ( Article 3 added by Stats. 2017, Ch. 824, Sec. 1. ) ## 14035. Eligible activities for initiative and grant funds shall include, but are not limited to, all of the following: (a) English language improvement training. (b) Culturally and linguistically relevant academic enrichment, basic skills training, tutoring, and adult education. (c) High school diploma and GED acquisition. (d) Skills and vocational training that aligns with regional labor market needs identified as part of the California Workforce Innovation and Opportunity Act regional planning process. (e) Work experience. (f) On-the-job training. (g) Stipends and income and language supports for trainees. (h) Earn and learn training. (i) Industry certifications. (j) Preapprenticeship programming offered in a manner that is consistent with the requirements of Section 14230, regardless of whether the preapprenticeship program funding source includes California Workforce Innovation and Opportunity Act funds. (k) Mentoring. (l) Other remedial education and work readiness skills. (m) Supportive services. (n) Entrepreneurial training and support for small business development. (o) Know-your-rights training. (p) Mental health services, trauma-informed care, and wraparound support services. (q) Employer education. (r) Activities undertaken pursuant to subdivision (d) of Section 14033. (Amended by Stats. 2021, Ch. 323, Sec. 5. (AB 628) Effective January 1, 2022. See conditional termination clause in Section 14007.)
  182. 14036.

    ## Unemployment Insurance Code - UIC ## DIVISION 7. CALIFORNIA WORKFORCE INNOVATION AND OPPORTUNITY ACT [14000 - 14531] ( Heading of Division 7 amended by Stats. 2015, Ch. 94, Sec. 3. ) ## CHAPTER 3. State Responsibilities [14010 - 14121] ( Chapter 3 added by Stats. 2006, Ch. 630, Sec. 4. ) ## ARTICLE 3. Removing Barriers to Employment Act [14030 - 14038] ( Article 3 added by Stats. 2017, Ch. 824, Sec. 1. )

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    The California Workforce Development Board may set policies and provide technical assistance for the initiative, including through a nonprofit contract. If it uses a nonprofit contractor, it must set selection criteria and award the contract through a transparent, competitive process.

    ## Unemployment Insurance Code - UIC ## DIVISION 7. CALIFORNIA WORKFORCE INNOVATION AND OPPORTUNITY ACT [14000 - 14531] ( Heading of Division 7 amended by Stats. 2015, Ch. 94, Sec. 3. ) ## CHAPTER 3. State Responsibilities [14010 - 14121] ( Chapter 3 added by Stats. 2006, Ch. 630, Sec. 4. ) ## ARTICLE 3. Removing Barriers to Employment Act [14030 - 14038] ( Article 3 added by Stats. 2017, Ch. 824, Sec. 1. ) ## 14036. (a) The California Workforce Development Board may develop necessary policies to ensure that grants awarded under the initiative fund are activities that are consistent with the intent of this article. (b) (1) The California Workforce Development Board may provide technical assistance to grant recipients to carry out the initiative. (2) The California Workforce Development Board may provide technical assistance by contract with a nonprofit organization. If the California Workforce Development Board contracts with a nonprofit organization, the California Workforce Development Board shall do both of the following: (A) Develop criteria for the selection of the nonprofit organization. (B) Award the contract through a transparent and competitive process, which shall include, but not be limited to, solicitation of proposals and evaluation of proposals through the criteria developed pursuant to subparagraph (A). (c) For the purposes of this section, “nonprofit organization” means any private, nonprofit organization that qualifies under Section 501(c)(3) of the United States Internal Revenue Code of 1986. (Amended by Stats. 2024, Ch. 224, Sec. 3. (AB 2873) Effective January 1, 2025. See conditional termination clause in Section 14007.)
  183. 14037.

    ## Unemployment Insurance Code - UIC ## DIVISION 7. CALIFORNIA WORKFORCE INNOVATION AND OPPORTUNITY ACT [14000 - 14531] ( Heading of Division 7 amended by Stats. 2015, Ch. 94, Sec. 3. ) ## CHAPTER 3. State Responsibilities [14010 - 14121] ( Chapter 3 added by Stats. 2006, Ch. 630, Sec. 4. ) ## ARTICLE 3. Removing Barriers to Employment Act [14030 - 14038] ( Article 3 added by Stats. 2017, Ch. 824, Sec. 1. )

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    Creates the Breaking Barriers to Employment Initiative Fund in the State Treasury and makes its money available only after legislative appropriation.

    ## Unemployment Insurance Code - UIC ## DIVISION 7. CALIFORNIA WORKFORCE INNOVATION AND OPPORTUNITY ACT [14000 - 14531] ( Heading of Division 7 amended by Stats. 2015, Ch. 94, Sec. 3. ) ## CHAPTER 3. State Responsibilities [14010 - 14121] ( Chapter 3 added by Stats. 2006, Ch. 630, Sec. 4. ) ## ARTICLE 3. Removing Barriers to Employment Act [14030 - 14038] ( Article 3 added by Stats. 2017, Ch. 824, Sec. 1. ) ## 14037. There is hereby created in the State Treasury the Breaking Barriers to Employment Initiative Fund. All moneys in the fund shall be available, upon appropriation by the Legislature, to carry out this article in support of the initiative. Subject to the approval of the Department of Finance, all moneys appropriated, or those collected or received from gifts, bequests, or donations, shall be deposited in the Breaking Barriers to Employment Initiative Fund in accordance with the terms of the gift or donation from which the moneys are derived and in accordance with Sections 8647, 11005, 11005.1, and 16302 of the Government Code. (Added by Stats. 2017, Ch. 824, Sec. 1. (AB 1111) Effective January 1, 2018. See conditional termination clause in Section 14007.)
  184. 14038.

    ## Unemployment Insurance Code - UIC ## DIVISION 7. CALIFORNIA WORKFORCE INNOVATION AND OPPORTUNITY ACT [14000 - 14531] ( Heading of Division 7 amended by Stats. 2015, Ch. 94, Sec. 3. ) ## CHAPTER 3. State Responsibilities [14010 - 14121] ( Chapter 3 added by Stats. 2006, Ch. 630, Sec. 4. ) ## ARTICLE 3. Removing Barriers to Employment Act [14030 - 14038] ( Article 3 added by Stats. 2017, Ch. 824, Sec. 1. )

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    Board-developed criteria, guidelines, and policies for the initiative are exempt from APA rulemaking requirements.

    ## Unemployment Insurance Code - UIC ## DIVISION 7. CALIFORNIA WORKFORCE INNOVATION AND OPPORTUNITY ACT [14000 - 14531] ( Heading of Division 7 amended by Stats. 2015, Ch. 94, Sec. 3. ) ## CHAPTER 3. State Responsibilities [14010 - 14121] ( Chapter 3 added by Stats. 2006, Ch. 630, Sec. 4. ) ## ARTICLE 3. Removing Barriers to Employment Act [14030 - 14038] ( Article 3 added by Stats. 2017, Ch. 824, Sec. 1. ) ## 14038. All criteria, guidelines, and policies developed by the California Workforce Development Board for the administration of the initiative shall be exempt from the rulemaking provisions of the Administrative Procedures Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (Added by Stats. 2018, Ch. 53, Sec. 41. (SB 866) Effective June 27, 2018. See conditional termination clause in Section 14007.)
  185. 14040.

    ## Unemployment Insurance Code - UIC ## DIVISION 7. CALIFORNIA WORKFORCE INNOVATION AND OPPORTUNITY ACT [14000 - 14531] ( Heading of Division 7 amended by Stats. 2015, Ch. 94, Sec. 3. ) ## CHAPTER 3. State Responsibilities [14010 - 14121] ( Chapter 3 added by Stats. 2006, Ch. 630, Sec. 4. ) ## ARTICLE 4. Prison to Employment Program [14040 - 14042] ( Article 4 added by Stats. 2018, Ch. 53, Sec. 42. )

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    This section defines key terms for the Prison to Employment Program and says regional partnership members must include specified agencies and organizations, while they may include other stakeholders.

    ## Unemployment Insurance Code - UIC ## DIVISION 7. CALIFORNIA WORKFORCE INNOVATION AND OPPORTUNITY ACT [14000 - 14531] ( Heading of Division 7 amended by Stats. 2015, Ch. 94, Sec. 3. ) ## CHAPTER 3. State Responsibilities [14010 - 14121] ( Chapter 3 added by Stats. 2006, Ch. 630, Sec. 4. ) ## ARTICLE 4. Prison to Employment Program [14040 - 14042] ( Article 4 added by Stats. 2018, Ch. 53, Sec. 42. ) ## 14040. For purposes of this article, the following definitions shall apply: (a) “Earn and learn” has the same meaning as in subdivision (q) of Section 14005. (b) “Justice involved” refers to individuals who are on parole, probation, mandatory supervision, or postrelease community supervision and are supervised by, or are under the jurisdiction of, a county or the California Department of Corrections and Rehabilitation. (c) “Prison to employment regional partnership” or “regional partnership” means a partnership established to develop a regional plan that coordinates reentry and workforce services in each of the state’s 14 workforce regions established pursuant to the federal Workforce Innovation and Opportunity Act (Public Law 113-128), so that the formerly incarcerated and other justice-involved individuals in these regions can find and retain employment. Partners in a regional partnership shall include local workforce development boards, the California Department of Corrections and Rehabilitation, Division of Adult Parole Operations, community-based organizations that serve the formerly incarcerated and other justice-involved individuals, and reentry service providers. Partners may include other stakeholders, as specified by the board. (d) “Prison to employment regional plan” or “regional plan” is the plan developed by a regional partnership to coordinate reentry and workforce services in each of the state’s 14 workforce regions. The prison to employment regional plan is a component of each federal Workforce Innovation and Opportunity Act regional workforce plan. (e) “Supportive services” are services necessary to enable an individual to successfully participate in, or receive, workforce, education, and other related services authorized under subdivision (c) of Section 1234.3 of the Penal Code, Section 14035 of this code, as well as the federal Workforce Innovation and Opportunity Act and its corresponding regulations. (f) “Workforce, education, and related services” include services authorized under subdivision (c) of Section 1234.3 of the Penal Code, Section 14035 of this code, as well the federal Workforce Innovation and Opportunity Act and its corresponding regulations. (Added by Stats. 2018, Ch. 53, Sec. 42. (SB 866) Effective June 27, 2018. See conditional termination clause in Section 14007.)
  186. 14041.

    ## Unemployment Insurance Code - UIC ## DIVISION 7. CALIFORNIA WORKFORCE INNOVATION AND OPPORTUNITY ACT [14000 - 14531] ( Heading of Division 7 amended by Stats. 2015, Ch. 94, Sec. 3. ) ## CHAPTER 3. State Responsibilities [14010 - 14121] ( Chapter 3 added by Stats. 2006, Ch. 630, Sec. 4. ) ## ARTICLE 4. Prison to Employment Program [14040 - 14042] ( Article 4 added by Stats. 2018, Ch. 53, Sec. 42. )

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    The board must run a prison-to-employment program and award grants for the purposes listed in this section.

    ## Unemployment Insurance Code - UIC ## DIVISION 7. CALIFORNIA WORKFORCE INNOVATION AND OPPORTUNITY ACT [14000 - 14531] ( Heading of Division 7 amended by Stats. 2015, Ch. 94, Sec. 3. ) ## CHAPTER 3. State Responsibilities [14010 - 14121] ( Chapter 3 added by Stats. 2006, Ch. 630, Sec. 4. ) ## ARTICLE 4. Prison to Employment Program [14040 - 14042] ( Article 4 added by Stats. 2018, Ch. 53, Sec. 42. ) ## 14041. The board shall administer a prison to employment program pursuant to this article and shall award grants for the following purposes: (a) The development of regional partnerships and regional plans to provide and coordinate the necessary workforce, education, and related services that formerly incarcerated and other justice-involved individuals need to secure and retain employment and reduce the chances of recidivism. (b) The implementation of the regional plans, including the provision of workforce, education, and related services and supportive services outlined in these regional plans. (c) The provision of earn and learn opportunities for formerly incarcerated and other justice-involved individuals participating in the program. (Added by Stats. 2018, Ch. 53, Sec. 42. (SB 866) Effective June 27, 2018. See conditional termination clause in Section 14007.)
  187. 14042.

    ## Unemployment Insurance Code - UIC ## DIVISION 7. CALIFORNIA WORKFORCE INNOVATION AND OPPORTUNITY ACT [14000 - 14531] ( Heading of Division 7 amended by Stats. 2015, Ch. 94, Sec. 3. ) ## CHAPTER 3. State Responsibilities [14010 - 14121] ( Chapter 3 added by Stats. 2006, Ch. 630, Sec. 4. ) ## ARTICLE 4. Prison to Employment Program [14040 - 14042] ( Article 4 added by Stats. 2018, Ch. 53, Sec. 42. )

    Verify source ↗

    The board must develop program guidelines and policies before awarding grants, consider specified regional factors, keep those guidelines consistent with cited laws, and make the criteria, guidelines, and policies public. The board may also use additional criteria to evaluate grants, and the materials are exempt from APA rulemaking requirements.

    ## Unemployment Insurance Code - UIC ## DIVISION 7. CALIFORNIA WORKFORCE INNOVATION AND OPPORTUNITY ACT [14000 - 14531] ( Heading of Division 7 amended by Stats. 2015, Ch. 94, Sec. 3. ) ## CHAPTER 3. State Responsibilities [14010 - 14121] ( Chapter 3 added by Stats. 2006, Ch. 630, Sec. 4. ) ## ARTICLE 4. Prison to Employment Program [14040 - 14042] ( Article 4 added by Stats. 2018, Ch. 53, Sec. 42. ) ## 14042. (a) Prior to awarding grants pursuant to Section 14041, the board shall develop and adopt guidelines and policies for the program, including, but not limited to, required regional plan content, required and optional regional plan partners, required activities of the regional partnerships, and guidelines for the allocation of grants, including planning guidance, timelines, and selection criteria for the distribution and evaluation of grant awards. The board shall consider factors including, but not limited to, the need for workforce services for the formerly incarcerated and justice-involved individuals in each region, the size of post-release populations, and the recidivism rate in each region. (b) The board shall ensure that the guidelines developed pursuant to subdivision (a) are consistent with paragraph (7) of subdivision (b) of Section 1234.2 of, and subdivision (b) and paragraph (1) of subdivision (e) of Section 1234.3 of, the Penal Code, and Section 14031 of, and paragraph (4) of subdivision (c) and paragraphs (3) and (4) of subdivision (d) of Section 14032 of, this code. (c) Grants made pursuant to this article shall be evaluated using criteria consistent with those set forth in subdivisions (b) to (d), inclusive, of Sections 14033. The board may utilize additional criteria to evaluate these grants. (d) (1) The criteria guidelines, and policies shall be exempt from the rulemaking provisions of the Administrative Procedures Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (2) The board shall make the criteria, guidelines, and policies available to the public. (Added by Stats. 2018, Ch. 53, Sec. 42. (SB 866) Effective June 27, 2018. See conditional termination clause in Section 14007.)
  188. 141.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 1. General Provisions [100 - 144] ( Chapter 1 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. General Definitions [125 - 144] ( Article 2 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    In this division, “unemployment insurance” means “unemployment compensation.”

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 1. General Provisions [100 - 144] ( Chapter 1 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. General Definitions [125 - 144] ( Article 2 enacted by Stats. 1953, Ch. 308. ) ## 141. “Unemployment insurance” wherever it appears in this division means “unemployment compensation.” (Enacted by Stats. 1953, Ch. 308.)
  189. 14106.

    ## Unemployment Insurance Code - UIC ## DIVISION 7. CALIFORNIA WORKFORCE INNOVATION AND OPPORTUNITY ACT [14000 - 14531] ( Heading of Division 7 amended by Stats. 2015, Ch. 94, Sec. 3. ) ## CHAPTER 3. State Responsibilities [14010 - 14121] ( Chapter 3 added by Stats. 2006, Ch. 630, Sec. 4. ) ## ARTICLE 6. Social Entrepreneurs for Economic Development Initiative [14106 - 14109] ( Article 6 added by Stats. 2020, Ch. 14, Sec. 10. )

    Verify source ↗

    The Legislature states findings about immigrants’ economic contributions and says California should support entrepreneurial opportunities for immigrants and other people facing barriers to employment.

    ## Unemployment Insurance Code - UIC ## DIVISION 7. CALIFORNIA WORKFORCE INNOVATION AND OPPORTUNITY ACT [14000 - 14531] ( Heading of Division 7 amended by Stats. 2015, Ch. 94, Sec. 3. ) ## CHAPTER 3. State Responsibilities [14010 - 14121] ( Chapter 3 added by Stats. 2006, Ch. 630, Sec. 4. ) ## ARTICLE 6. Social Entrepreneurs for Economic Development Initiative [14106 - 14109] ( Article 6 added by Stats. 2020, Ch. 14, Sec. 10. ) ## 14106. The Legislature finds and declares all of the following: (a) Numerous studies have indicated the significant economic contributions of immigrants to this state and the nation as a whole. Businesses launched by immigrant entrepreneurs create millions of jobs, generate billions of dollars in revenue, and help revitalize communities. (b) California has the highest concentration of immigrant business owners in the nation. From 2007 to 2011, immigrants founded 44 percent of new businesses in the state. In 2016, undocumented immigrant entrepreneurs generated over $3 billion in business income in California. (c) In 2017, individuals eligible for Deferred Action for Childhood Arrivals (DACA) earned over $23 billion in income and paid almost $1.8 billion in state and local taxes; more than 43,000 were entrepreneurs, providing jobs and supporting local economies. Individuals granted Temporary Protected Status (TPS) earned over $7 billion in 2017, and paid more than $890 million in federal taxes and over $650 million in state and local taxes. (d) Individuals who are not United States citizens or lawful permanent residents, or who are limited English proficient, face multiple impediments that may prevent them from securing and maintaining gainful employment. For example, due to actions at the federal level, DACA and TPS recipients, who are vital members of our communities and spark economic development, have been deprived of or are at risk of being denied certain federal protections, which will result in economic hardship for them and their families. (e) It is in the best interest of the State of California to enable these individuals to continue contributing to the economic vibrancy of this state, by supporting entrepreneurial opportunities to start and grow small businesses that will open up paths to economic self-sufficiency. (Added by Stats. 2020, Ch. 14, Sec. 10. (AB 82) Effective June 29, 2020. See conditional termination clause in Section 14007.)
  190. 14106.5.

    ## Unemployment Insurance Code - UIC ## DIVISION 7. CALIFORNIA WORKFORCE INNOVATION AND OPPORTUNITY ACT [14000 - 14531] ( Heading of Division 7 amended by Stats. 2015, Ch. 94, Sec. 3. ) ## CHAPTER 3. State Responsibilities [14010 - 14121] ( Chapter 3 added by Stats. 2006, Ch. 630, Sec. 4. ) ## ARTICLE 6. Social Entrepreneurs for Economic Development Initiative [14106 - 14109] ( Article 6 added by Stats. 2020, Ch. 14, Sec. 10. )

    Verify source ↗

    This section defines key terms used in the article: the California Workforce Development Board, the SEED Initiative, and “target populations.”

    ## Unemployment Insurance Code - UIC ## DIVISION 7. CALIFORNIA WORKFORCE INNOVATION AND OPPORTUNITY ACT [14000 - 14531] ( Heading of Division 7 amended by Stats. 2015, Ch. 94, Sec. 3. ) ## CHAPTER 3. State Responsibilities [14010 - 14121] ( Chapter 3 added by Stats. 2006, Ch. 630, Sec. 4. ) ## ARTICLE 6. Social Entrepreneurs for Economic Development Initiative [14106 - 14109] ( Article 6 added by Stats. 2020, Ch. 14, Sec. 10. ) ## 14106.5. For purposes of this article, the following terms have the following meanings: (a) “California Workforce Development Board” or “board” means the California Workforce Development Board established pursuant to Article 1 (commencing with Section 14010). (b) “SEED Initiative” or “SEED” means the Social Entrepreneurs for Economic Development Initiative. (c) “Target populations” means either of the following: (1) Individuals with limited English proficiency, regardless of immigration or citizenship status. (2) Individuals who are neither United States citizens nor lawful permanent residents, which includes, but is not limited to, individuals who have been granted Deferred Action for Childhood Arrivals (DACA) or Temporary Protected Status (TPS) under federal law. (Added by Stats. 2020, Ch. 14, Sec. 10. (AB 82) Effective June 29, 2020. See conditional termination clause in Section 14007.)
  191. 14107.

    ## Unemployment Insurance Code - UIC ## DIVISION 7. CALIFORNIA WORKFORCE INNOVATION AND OPPORTUNITY ACT [14000 - 14531] ( Heading of Division 7 amended by Stats. 2015, Ch. 94, Sec. 3. ) ## CHAPTER 3. State Responsibilities [14010 - 14121] ( Chapter 3 added by Stats. 2006, Ch. 630, Sec. 4. ) ## ARTICLE 6. Social Entrepreneurs for Economic Development Initiative [14106 - 14109] ( Article 6 added by Stats. 2020, Ch. 14, Sec. 10. )

    Verify source ↗

    This section creates the SEED Initiative and assigns administration to the California Workforce Development Board.

    ## Unemployment Insurance Code - UIC ## DIVISION 7. CALIFORNIA WORKFORCE INNOVATION AND OPPORTUNITY ACT [14000 - 14531] ( Heading of Division 7 amended by Stats. 2015, Ch. 94, Sec. 3. ) ## CHAPTER 3. State Responsibilities [14010 - 14121] ( Chapter 3 added by Stats. 2006, Ch. 630, Sec. 4. ) ## ARTICLE 6. Social Entrepreneurs for Economic Development Initiative [14106 - 14109] ( Article 6 added by Stats. 2020, Ch. 14, Sec. 10. ) ## 14107. (a) This article establishes the Social Entrepreneurs for Economic Development Initiative, to be administered by the California Workforce Development Board. (b) The SEED Initiative is aimed at economically disadvantaged groups who face significant barriers to employment, specifically individuals with limited English proficiency, or individuals who are neither United States citizens nor lawful permanent residents. While this includes individuals who have been granted DACA or TPS, the SEED Initiative is open to all individuals in the target populations, including but not limited to other immigrants, refugees and asylees, and United States citizens. (c) The purpose of the SEED Initiative is to support burgeoning entrepreneurship of individuals in SEED target populations, which will also increase the economic diversity of the state and help spur business innovation. Efforts funded under SEED are intended to supplement and be aligned with the broader workforce and education system in California. (d) It is the intent of the Legislature to allow persons who are not lawfully present in the United States, as members of the SEED target populations, to participate in and benefit from the SEED Initiative, and this section is therefore enacted pursuant to Section 1621(d) of Title 8 of the United States Code. (Added by Stats. 2020, Ch. 14, Sec. 10. (AB 82) Effective June 29, 2020. See conditional termination clause in Section 14007.)
  192. 14108.

    ## Unemployment Insurance Code - UIC ## DIVISION 7. CALIFORNIA WORKFORCE INNOVATION AND OPPORTUNITY ACT [14000 - 14531] ( Heading of Division 7 amended by Stats. 2015, Ch. 94, Sec. 3. ) ## CHAPTER 3. State Responsibilities [14010 - 14121] ( Chapter 3 added by Stats. 2006, Ch. 630, Sec. 4. ) ## ARTICLE 6. Social Entrepreneurs for Economic Development Initiative [14106 - 14109] ( Article 6 added by Stats. 2020, Ch. 14, Sec. 10. )

    Verify source ↗

    The SEED Initiative must provide entrepreneurial training and microgrants to support small businesses in California, and the board must administer it through nonprofit community-based organizations.

    ## Unemployment Insurance Code - UIC ## DIVISION 7. CALIFORNIA WORKFORCE INNOVATION AND OPPORTUNITY ACT [14000 - 14531] ( Heading of Division 7 amended by Stats. 2015, Ch. 94, Sec. 3. ) ## CHAPTER 3. State Responsibilities [14010 - 14121] ( Chapter 3 added by Stats. 2006, Ch. 630, Sec. 4. ) ## ARTICLE 6. Social Entrepreneurs for Economic Development Initiative [14106 - 14109] ( Article 6 added by Stats. 2020, Ch. 14, Sec. 10. ) ## 14108. (a) The SEED Initiative shall provide entrepreneurial training to individuals from the target populations and award microgrants to support them in launching or maintaining a small business in California. (b) Eligible uses of SEED funds include, but are not limited to, the development and implementation of the following SEED program components for any target population: an immigrant entrepreneurship training curriculum; microgrants and technical assistance to support small business development aimed at addressing a social problem or meeting a community need; community education and outreach about SEED; program evaluation; and program administration. (c) The board shall administer the SEED Initiative through nonprofit community-based organizations that will develop and implement SEED program components. (Added by Stats. 2020, Ch. 14, Sec. 10. (AB 82) Effective June 29, 2020. See conditional termination clause in Section 14007.)
  193. 14109.

    ## Unemployment Insurance Code - UIC ## DIVISION 7. CALIFORNIA WORKFORCE INNOVATION AND OPPORTUNITY ACT [14000 - 14531] ( Heading of Division 7 amended by Stats. 2015, Ch. 94, Sec. 3. ) ## CHAPTER 3. State Responsibilities [14010 - 14121] ( Chapter 3 added by Stats. 2006, Ch. 630, Sec. 4. ) ## ARTICLE 6. Social Entrepreneurs for Economic Development Initiative [14106 - 14109] ( Article 6 added by Stats. 2020, Ch. 14, Sec. 10. )

    Verify source ↗

    For the SEED Initiative, entities and persons may not seek unnecessary eligibility information, including whether someone is unlawfully present. Collected participant information is not a public-record disclosure item under the cited Government Code division.

    ## Unemployment Insurance Code - UIC ## DIVISION 7. CALIFORNIA WORKFORCE INNOVATION AND OPPORTUNITY ACT [14000 - 14531] ( Heading of Division 7 amended by Stats. 2015, Ch. 94, Sec. 3. ) ## CHAPTER 3. State Responsibilities [14010 - 14121] ( Chapter 3 added by Stats. 2006, Ch. 630, Sec. 4. ) ## ARTICLE 6. Social Entrepreneurs for Economic Development Initiative [14106 - 14109] ( Article 6 added by Stats. 2020, Ch. 14, Sec. 10. ) ## 14109. For purposes of implementing the SEED Initiative, no entity or person shall seek information that is unnecessary to determine eligibility, including whether the individual is unlawfully present in the United States. Information that may be collected from individuals participating in the SEED Initiative shall not constitute a record subject to disclosure under Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code. (Amended by Stats. 2021, Ch. 615, Sec. 423. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Section 463 of Stats. 2021, Ch. 615. See conditional termination clause in Section 14007.)
  194. 14120.

    ## Unemployment Insurance Code - UIC ## DIVISION 7. CALIFORNIA WORKFORCE INNOVATION AND OPPORTUNITY ACT [14000 - 14531] ( Heading of Division 7 amended by Stats. 2015, Ch. 94, Sec. 3. ) ## CHAPTER 3. State Responsibilities [14010 - 14121] ( Chapter 3 added by Stats. 2006, Ch. 630, Sec. 4. ) ## ARTICLE 7. Workforce Wellness Centers [14120 - 14121] ( Article 7 added by Stats. 2022, Ch. 305, Sec. 1. )

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    The Legislature explains why Workforce Wellness Centers were added, including the need to support workers after workplace violence and the VTA shooting.

    ## Unemployment Insurance Code - UIC ## DIVISION 7. CALIFORNIA WORKFORCE INNOVATION AND OPPORTUNITY ACT [14000 - 14531] ( Heading of Division 7 amended by Stats. 2015, Ch. 94, Sec. 3. ) ## CHAPTER 3. State Responsibilities [14010 - 14121] ( Chapter 3 added by Stats. 2006, Ch. 630, Sec. 4. ) ## ARTICLE 7. Workforce Wellness Centers [14120 - 14121] ( Article 7 added by Stats. 2022, Ch. 305, Sec. 1. ) ## 14120. The Legislature finds and declares all of the following: (a) Workplace shootings, especially in high-stress industries such as transit agencies, have resulted in numerous deaths across California. (b) On May 26, 2021, a Santa Clara Valley Transportation Authority (VTA) employee entered the Guadalupe rail yard and began a shooting rampage that killed nine of his coworkers before taking his own life. This shooting is the deadliest mass shooting in the history of the San Francisco Bay area. The shooting occurred in locations integral to the operation of the light rail service, particularly adjacent to the Operational Control Center room and the entry to the entire second floor of the administration center, resulting in a 13-week shut down of rail services. (c) In response, the Legislature appropriated $20,000,000 to help the VTA and workers recover from the tragedy. The VTA was required by the state to create a joint labor management committee to provide recommendations for the use of those funds, including establishing a worker wellness center where workers and their families could receive onsite support and assistance, including peer-to-peer and trauma counseling and other mental health services. (Added by Stats. 2022, Ch. 305, Sec. 1. (SB 1294) Effective January 1, 2023. See conditional termination clause in Section 14007.)
  195. 14121.

    ## Unemployment Insurance Code - UIC ## DIVISION 7. CALIFORNIA WORKFORCE INNOVATION AND OPPORTUNITY ACT [14000 - 14531] ( Heading of Division 7 amended by Stats. 2015, Ch. 94, Sec. 3. ) ## CHAPTER 3. State Responsibilities [14010 - 14121] ( Chapter 3 added by Stats. 2006, Ch. 630, Sec. 4. ) ## ARTICLE 7. Workforce Wellness Centers [14120 - 14121] ( Article 7 added by Stats. 2022, Ch. 305, Sec. 1. )

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    The board, a contracted research institution, and the specified agencies must develop worker wellness center plans, and the Santa Clara Valley Transportation Authority must provide wellness-center data for evaluation.

    ## Unemployment Insurance Code - UIC ## DIVISION 7. CALIFORNIA WORKFORCE INNOVATION AND OPPORTUNITY ACT [14000 - 14531] ( Heading of Division 7 amended by Stats. 2015, Ch. 94, Sec. 3. ) ## CHAPTER 3. State Responsibilities [14010 - 14121] ( Chapter 3 added by Stats. 2006, Ch. 630, Sec. 4. ) ## ARTICLE 7. Workforce Wellness Centers [14120 - 14121] ( Article 7 added by Stats. 2022, Ch. 305, Sec. 1. ) ## 14121. (a) The board, or a research institution under contract with the board, the Santa Clara Valley Transportation Authority, and the California Health and Human Services Agency, shall do all of the following: (1) Draft a model plan for the development and implementation of a worker wellness center that provides services and support to transit workers and their families. (2) Develop a plan to encourage the establishment of worker wellness center demonstration sites statewide in transit authorities to reduce workplace violence. The plan shall include, but is not limited to: (A) Analyzing the effectiveness of the Santa Clara Valley Transportation Authority’s wellness center. (B) Identifying interventions that promote employee wellness, prevention and early intervention, and peer-to-peer support. (C) Examining violence prevention tactics in the workplace, including, but not limited to, developing a worker reporting structure that focuses on prevention and early intervention and ways to foster peer reporting. (D) Identifying no less than three transit authority locations in California where the model plan could be utilized to reduce workplace violence and increase worker wellness interventions. (E) Identifying other high-stress industries that could benefit from utilizing workplace violence prevention tactics and worker wellness interventions. (b) In developing the plans described in paragraphs (1) and (2) of subdivision (a), the board, or a research institution under contract with the board, shall consider all of the following: (1) Funding sustainability, including the prospects for securing federal matching funds and billing private insurers. (2) Linkages to county behavioral health services agencies. (3) Ways to streamline workers’ compensation claims resulting from workplace violence. (c) (1) Subject to paragraph (2), the Santa Clara Valley Transportation Authority shall provide the board, or a research institution under contract with the board, with data and outcomes from its wellness center that are necessary for the evaluation required by this section. (2) Data and outcomes provided pursuant to paragraph (1) shall be aggregated and deidentified in a manner that prevents the identification of an individual who is a subject of that information. (d) (1) Pursuant to Section 9795 of the Government Code, the board, or a research institution under contract with the board, shall prepare and send to the Legislature a report on the results of its evaluation conducted and plans developed pursuant to this section no later than two years following an appropriation for purposes of implementing this article. (2) The requirement for submitting a report imposed by this subdivision is inoperative on January 1, 2028, pursuant to Section 10231.5 of the Government Code. (e) The board shall consult with the Division of Occupational Safety and Health to ensure plans or proposals comply with and do not conflict with occupational safety and health laws and regulations. (f) This article shall become operative only upon an appropriation by the Legislature in the Budget Act or another statute for the purposes of implementing this article. (Added by Stats. 2022, Ch. 305, Sec. 1. (SB 1294) Effective January 1, 2023. See conditional termination clause in Section 14007.)
  196. 142.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 1. General Provisions [100 - 144] ( Chapter 1 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. General Definitions [125 - 144] ( Article 2 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    This section defines “Unemployment Trust Fund.”

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 1. General Provisions [100 - 144] ( Chapter 1 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. General Definitions [125 - 144] ( Article 2 enacted by Stats. 1953, Ch. 308. ) ## 142. “Unemployment Trust Fund” means the Unemployment Trust Fund established and maintained pursuant to Section 904 of the Federal Social Security Act as amended. (Enacted by Stats. 1953, Ch. 308.)
  197. 142.5.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 1. General Provisions [100 - 144] ( Chapter 1 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. General Definitions [125 - 144] ( Article 2 enacted by Stats. 1953, Ch. 308. )

    Verify source ↗

    This section defines “United States” and treats certain Puerto Rico and Virgin Islands citizens as U.S. citizens for this code section.

    ## Unemployment Insurance Code - UIC ## DIVISION 1. UNEMPLOYMENT AND DISABILITY COMPENSATION [100 - 4751] ( Division 1 enacted by Stats. 1953, Ch. 308. ) ## PART 1. UNEMPLOYMENT COMPENSATION [100 - 2129] ( Part 1 enacted by Stats. 1953, Ch. 308. ) ## CHAPTER 1. General Provisions [100 - 144] ( Chapter 1 enacted by Stats. 1953, Ch. 308. ) ## ARTICLE 2. General Definitions [125 - 144] ( Article 2 enacted by Stats. 1953, Ch. 308. ) ## 142.5. “United States” includes the states, the District of Columbia, the Commonwealth of Puerto Rico, and the Virgin Islands. An individual who is a citizen of the Commonwealth of Puerto Rico or the Virgin Islands (but not otherwise a citizen of the United States) shall be considered as a citizen of the United States. (Amended by Stats. 1978, Ch. 2.)
  198. 14200.

    ## Unemployment Insurance Code - UIC ## DIVISION 7. CALIFORNIA WORKFORCE INNOVATION AND OPPORTUNITY ACT [14000 - 14531] ( Heading of Division 7 amended by Stats. 2015, Ch. 94, Sec. 3. ) ## CHAPTER 4. Local Service Delivery [14200 - 14246] ( Chapter 4 added by Stats. 2006, Ch. 630, Sec. 5. ) ## ARTICLE 1. Local Workforce Development Board [14200 - 14211] ( Heading of Article 1 amended by Stats. 2015, Ch. 94, Sec. 17. )

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    Local officials must form local workforce development boards, and the Governor and California Workforce Development Board must certify and set standards for high-performance boards.

    ## Unemployment Insurance Code - UIC ## DIVISION 7. CALIFORNIA WORKFORCE INNOVATION AND OPPORTUNITY ACT [14000 - 14531] ( Heading of Division 7 amended by Stats. 2015, Ch. 94, Sec. 3. ) ## CHAPTER 4. Local Service Delivery [14200 - 14246] ( Chapter 4 added by Stats. 2006, Ch. 630, Sec. 5. ) ## ARTICLE 1. Local Workforce Development Board [14200 - 14211] ( Heading of Article 1 amended by Stats. 2015, Ch. 94, Sec. 17. ) ## 14200. (a) The local chief elected officials in a local workforce development area shall form, pursuant to guidelines established by the Governor and the board, a local workforce development board to plan and oversee the workforce investment system. (b) The Governor shall periodically certify one local board for each local area in the state, following the requirements of the federal Workforce Innovation and Opportunity Act of 2014. (c) The Governor shall establish, through the California Workforce Development Board, standards for certification of high-performance local workforce development boards. The California Workforce Development Board shall, in consultation with representatives from local workforce development boards, initiate a stakeholder process to determine the appropriate measurable metrics and standards for high-performance certification. These standards shall be implemented on or before January 1, 2013, and the first certification of high-performance boards shall occur on or before July 1, 2013. Certification and recertification of each high-performance local workforce development board shall occur thereafter midway through the implementation of the local and regional plans required by the Workforce Innovation and Opportunity Act. In order to meet the standards for certification, a high-performance local workforce development board shall do all of the following: (1) Consistently meet or exceed negotiated performance goals for all of the measures in each of the three federal Workforce Innovation and Opportunity Act of 2014 customer groups, which consist of adults, dislocated workers, and youth. (2) Consistently meet the statutory requirements of this division. (3) Develop and implement local policies and a local strategic plan that meets all of the following requirements: (A) Meets all local and regional planning requirements specified under the federal Workforce Innovation and Development Act of 2014. (B) Is consistent with the California Workforce Development Board State Plan. (C) Describes the actions that the board shall take to implement local policies in furtherance of its goals. (D) Serves as a written account of intended future courses of action aimed at achieving the specific goals of the local and state board within a specific timeframe. (E) Explains what needs to be done, by whom, and when each action is required to occur in order to meet those goals. (4) Demonstrate that the local planning process involves key stakeholders, including the major employers and industry groups in the relevant regional economy and organized labor. (5) Demonstrate that the local planning process takes into account the entire workforce training pipeline for the relevant regional economy, including partners in K–12 education, career technical education, the community college system, other postsecondary institutions, and other local workforce development areas operating in the relevant regional economy. (6) Demonstrate that the local planning process and plan are data driven, and that policy decisions at the local level are evidence based. Each high-performance local workforce development board shall use labor market data to develop and implement the local plan, taking care to steer resources into programs and services that are relevant to the needs of each workforce development area’s relevant regional labor market and high-wage industry sectors. Local workforce development areas shall demonstrate an evidence-based approach to policymaking by establishing performance benchmarks and targets to measure progress toward local goals and objectives. (7) Demonstrate investment in workforce initiatives, and, specifically, training programs that promote skills development and career ladders relevant to the needs of each workforce investment area’s regional labor market and high-wage industry sectors. (8) Establish a youth strategy aligned with the needs of each workforce investment area’s regional labor market and high-wage industry sectors. (9) Establish a business service plan that integrates local business involvement with workforce initiatives. This plan at a minimum shall include all of the following: (A) Efforts to partner with businesses to identify the workforce training and educational barriers to attract jobs in the relevant regional economy, existing skill gaps reducing the competitiveness of local businesses in the relevant regional economies, and potential emerging industries that would likely contribute to job growth in the relevant regional economy if investments were made for training and educational programs. (B) An electronic system for both businesses and job seekers to communicate about job opportunities. (C) A subcommittee of the local workforce development board that further develops and makes recommendations for the business service plan for each local workforce development board in an effort to increase employer involvement in the activities of the local workforce development board. The subcommittee members should be comprised of business representatives on the local workforce development board who represent both the leading industries and employers in the relevant regional economy and potential emerging sectors that have significant potential to contribute to job growth in the relevant regional economy if investments were made for training and educational programs. (d) The Governor and the Legislature, as part of the annual budget process, in consultation with the California Workforce Development Board, shall annually reserve a portion of the 15-percent discretionary fund made available pursuant to the federal Workforce Innovation and Opportunity Act of 2014 for the purpose of providing performance incentives to high-performance local workforce development boards. The remaining discretionary funds shall continue to be available for other discretionary purposes as provided for in the federal Workforce Innovation and Opportunity Act of 2014. (e) Only a workforce development board that is certified as a high-performance local workforce development board by the California Workforce Development Board shall be eligible to receive any incentive money reserved for high-performance local workforce development boards, as described in subdivision (d). A board that is not certified as a high-performance local workforce development board shall not receive any portion of the money reserved for high-performance local workforce development boards, as described in subdivision (d). (f) The California Workforce Development Board shall establish a policy for the allocation of incentive moneys to high-performance local workforce development boards. (g) To the extent permitted by the Workforce Innovation and Opportunity Act of 2014, the California Workforce Development Board may consider the utilization of incentive grants, or direct assistance, or both, to local workforce development boards for the purposes of this section. (h) There shall not be a requirement to set aside federal Workforce Innovation and Opportunity Act of 2014 funds for the purposes of subdivision (d), (e), (f), or (g) in years when the federal government significantly reduces the share of federal Workforce Innovation and Opportunity Act of 2014 funds appropriated to the state for statewide discretionary purposes below the federal statutory amount of 15 percent. (Amended by Stats. 2016, Ch. 86, Sec. 298. (SB 1171) Effective January 1, 2017. See conditional termination clause in Section 14007.)
  199. 14201.

    ## Unemployment Insurance Code - UIC ## DIVISION 7. CALIFORNIA WORKFORCE INNOVATION AND OPPORTUNITY ACT [14000 - 14531] ( Heading of Division 7 amended by Stats. 2015, Ch. 94, Sec. 3. ) ## CHAPTER 4. Local Service Delivery [14200 - 14246] ( Chapter 4 added by Stats. 2006, Ch. 630, Sec. 5. ) ## ARTICLE 1. Local Workforce Development Board [14200 - 14211] ( Heading of Article 1 amended by Stats. 2015, Ch. 94, Sec. 17. )

    Verify source ↗

    Local workforce development boards must be established in each local workforce development area and must assist the local chief elected official and promote effective outcomes.

    ## Unemployment Insurance Code - UIC ## DIVISION 7. CALIFORNIA WORKFORCE INNOVATION AND OPPORTUNITY ACT [14000 - 14531] ( Heading of Division 7 amended by Stats. 2015, Ch. 94, Sec. 3. ) ## CHAPTER 4. Local Service Delivery [14200 - 14246] ( Chapter 4 added by Stats. 2006, Ch. 630, Sec. 5. ) ## ARTICLE 1. Local Workforce Development Board [14200 - 14211] ( Heading of Article 1 amended by Stats. 2015, Ch. 94, Sec. 17. ) ## 14201. Local workforce development boards shall be established in each local workforce development area of the state to assist the local chief elected official in planning, oversight, and evaluation of local workforce investment. The local board shall promote effective outcomes consistent with statewide goals, objectives, and negotiated local performance standards. (Amended by Stats. 2015, Ch. 94, Sec. 19. (AB 1270) Effective January 1, 2016. See conditional termination clause in Section 14007.)
  200. 14202.

    ## Unemployment Insurance Code - UIC ## DIVISION 7. CALIFORNIA WORKFORCE INNOVATION AND OPPORTUNITY ACT [14000 - 14531] ( Heading of Division 7 amended by Stats. 2015, Ch. 94, Sec. 3. ) ## CHAPTER 4. Local Service Delivery [14200 - 14246] ( Chapter 4 added by Stats. 2006, Ch. 630, Sec. 5. ) ## ARTICLE 1. Local Workforce Development Board [14200 - 14211] ( Heading of Article 1 amended by Stats. 2015, Ch. 94, Sec. 17. )

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    The Governor, with the board, must set criteria for local officials to appoint local workforce board members, and local boards may add certain additional representatives.

    ## Unemployment Insurance Code - UIC ## DIVISION 7. CALIFORNIA WORKFORCE INNOVATION AND OPPORTUNITY ACT [14000 - 14531] ( Heading of Division 7 amended by Stats. 2015, Ch. 94, Sec. 3. ) ## CHAPTER 4. Local Service Delivery [14200 - 14246] ( Chapter 4 added by Stats. 2006, Ch. 630, Sec. 5. ) ## ARTICLE 1. Local Workforce Development Board [14200 - 14211] ( Heading of Article 1 amended by Stats. 2015, Ch. 94, Sec. 17. ) ## 14202. The Governor, in partnership with the board, shall establish criteria for use by chief elected officials in the local areas for appointment of members of the local boards. Such criteria shall require that, at a minimum, all of the following: (a) A majority of the members of each local board shall be representatives of business in the local area, who: (1) Are owners of businesses, chief executives or operating officers of businesses, or other business executives or employers with optimum policymaking or hiring authority. (2) Represent businesses, including small businesses, or organizations representing businesses described in this subdivision, that provide employment opportunities that, at a minimum, include high-quality, work-relevant training and development in in-demand industry sectors or occupations in the local area. (3) Are appointed from among individuals nominated by local business organizations and business trade associations. (b) Not less than 20 percent of the members of each local board shall be representatives of the workforce within the local area, who: (1) Shall include representatives of labor organizations, for a local area in which employees are represented by labor organizations, who have been nominated by local labor federations and these representatives shall amount to not less than 15 percent of local board membership, and be subject to the following: (A) For a local area in which no employees are represented by such organizations, other representatives of employees shall be appointed to the board but any local board that appoints representatives of employees that are not nominated by local labor federations shall demonstrate that no employees are represented by such organizations in the local area. (B) Shall include a representative, who shall be a member of a labor organization or a training director, from a joint labor-management apprenticeship program, or if no such joint program exists in the area, such a representative of a state-approved apprenticeship program in the area, if such a program exists. (2) May include representatives of community-based organizations that have demonstrated experience and expertise in addressing the employment needs of individuals with barriers to employment, including organizations that serve veterans or that provide or support competitive integrated employment for individuals with disabilities. (3) May include representatives of organizations that have demonstrated experience and expertise in addressing the employment, training, or education needs of eligible youth, including representatives of organizations that serve out-of-school youth. (c) Each local board shall include representatives of entities administering education and training activities in the local area, who: (1) Shall include a representative of eligible providers administering adult education and literacy activities under Title II of the Workforce Innovation and Opportunity Act. (2) Shall include a representative of institutions of higher education providing workforce investment activities, including community colleges. (3) May include representatives of local educational agencies, and of community-based organizations with demonstrated experience and expertise in addressing the education or training needs of individuals with barriers to employment. (d) Each local board shall include representatives of governmental and economic and community development entities serving the local area, who: (1) Shall include a representative of economic and community development entities. (2) Shall include an appropriate representative from the state employment service office under the Wagner-Peyser Act (29 U.S.C. Sec. 49 et seq.) serving the local area. (3) Shall include an appropriate representative of the programs carried out under Title I of the Rehabilitation Act of 1973 (29 U.S.C. Sec. 720 et seq.), other than Section 112 or Part C of that Title (29 U.S.C. Sec. 732, 741), serving the local area. (4) May include representatives of philanthropic organizations serving the local area. (e) Each local board may include such other individuals or representatives of entities as the chief elected official in the local area may determine to be appropriate. (Repealed and added by Stats. 2015, Ch. 94, Sec. 21. (AB 1270) Effective January 1, 2016. See conditional termination clause in Section 14007.)

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