reglab/statecodes huggingface dataset:
2023 California Code › Labor Code - LAB › DIVISION 3 - EMPLOYMENT RELATIONS › CHAPTER 2 - Employer and Employee › ARTICLE 2 - Obligations of Employer › Section 2809.

2809. (a) Any employer, whether private or public, that offers its employees an employer-managed deferred compensation plan shall provide to each employee, prior to the employee’s enrollment in the plan, written notice of the reasonably foreseeable financial risks accompanying participation in the plan, historical information to date as to the performance of the investments or funds available under the plan, and an annual balance sheet, annual audit, or similar document that describes the employer’s financial condition as of a date no earlier than the immediately preceding year.
(b) Within 30 days after the end of each quarter of the calendar year, the employer, who directly manages the investments of a deferred compensation plan, shall provide, to each employee enrolled in a deferred compensation plan offered by the employer, a written report summarizing the current financial condition of the employer, summarizing the financial performance during the preceding quarter of each investment or fund available under the plan, and describing the actual performance of the employee’s funds that are invested in each investment or fund in the plan.
(c) The obligations described in subdivisions (a) and (b) may be performed by a plan manager designated by the employer, who may contract with an investment manager for that purpose.
(d) If an employee is enrolled in a deferred compensation plan that is self-directed through a financial institution, the requirements set forth in this section shall be deemed to have been met.
(Added by Stats. 1996, Ch. 1160, Sec. 1. Effective January 1, 1997.)
2023 California Code › Labor Code - LAB › DIVISION 3 - EMPLOYMENT RELATIONS › CHAPTER 2 - Employer and Employee › ARTICLE 2 - Obligations of Employer › Section 2810.7.

2810.7. (a) An employer shall notify an employee who participates in a flexible spending account, including, but not limited to, a dependent care flexible spending account, a health flexible spending account, or adoption assistance flexible spending account, of any deadline to withdraw funds before the end of the plan year. Notice shall be by two different forms, one of which may be electronic.
(b) Notices made pursuant to subdivision (a) may include, but are not limited to the following:
(1) Electronic mail communication.
(2) Telephone communication.
(3) Text message notification.
(4) Postal mail notification.
(5) In-person notification.
(Added by Stats. 2019, Ch. 195, Sec. 1. (AB 1554) Effective January 1, 2020.)
2023 California Code › Labor Code - LAB › DIVISION 3 - EMPLOYMENT RELATIONS › CHAPTER 2 - Employer and Employee › ARTICLE 2.5 - Electronic Employment Verification Systems › Section 2811.

2811. This article shall be known and may be cited as the Employment Acceleration Act of 2011.
(Added by Stats. 2011, Ch. 691, Sec. 2. (AB 1236) Effective January 1, 2012.)
2023 California Code › Labor Code - LAB › DIVISION 3 - EMPLOYMENT RELATIONS › CHAPTER 2 - Employer and Employee › ARTICLE 2.5 - Electronic Employment Verification Systems › Section 2812.

2812. Except as required by federal law, or as a condition of receiving federal funds, neither the state nor a city, county, city and county, or special district shall require an employer to use an electronic employment verification system, including under the following circumstances:
(a) As a condition of receiving a government contract.
(b) As a condition of applying for or maintaining a business license.
(c) As a penalty for violating licensing or other similar laws.
(Added by Stats. 2011, Ch. 691, Sec. 2. (AB 1236) Effective January 1, 2012.)
2023 California Code › Labor Code - LAB › DIVISION 3 - EMPLOYMENT RELATIONS › CHAPTER 2 - Employer and Employee › ARTICLE 2.5 - Electronic Employment Verification Systems › Section 2813.

2813. For purposes of this article, the following terms have the following meanings:
(a) “Electronic employment verification system” means an employment verification system that allows employers to electronically verify workers’ employment authorization with the federal government. This includes the Basic Pilot Program, enacted by Section 404 of Public Law 104-208 and renamed in 2007 as the E-Verify Program, and other pilot programs for electronic employment eligibility confirmation. The term “electronic employment verification system” does not include the I-9 Employment Eligibility Verification form or any other employment eligibility systems that are required by federal law.
(b) “Employer” means an employer other than the state, or a city, county, city and county, or special district.
(Added by Stats. 2011, Ch. 691, Sec. 2. (AB 1236) Effective January 1, 2012.)
2023 California Code › Labor Code - LAB › DIVISION 3 - EMPLOYMENT RELATIONS › CHAPTER 2 - Employer and Employee › ARTICLE 2.5 - Electronic Employment Verification Systems › Section 2814.

2814. (a) (1) Except as required by federal law or as a condition of receiving federal funds, it shall be unlawful for an employer, or any other person or entity to use the federal electronic employment verification system known as E-Verify to check the employment authorization status of an existing employee or an applicant who has not been offered employment at a time or in a manner not required under subsection (b) of Section 1324a of Title 8 of the United States Code or not authorized under any federal agency memorandum of understanding governing the use of a federal electronic employment verification system.
(2) Nothing in this section shall prohibit an employer from utilizing the federal E-Verify system, in accordance with federal law, to check the employment authorization status of a person who has been offered employment.
(b) Upon using the federal E-Verify system to check the employment authorization status of a person, if the employer receives a tentative nonconfirmation issued by the Social Security Administration or the United States Department of Homeland Security, which indicates the information entered in E-Verify did not match federal records, the employer shall comply with the required employee notification procedures under any memorandum of understanding governing the use of the federal E-Verify system. The employer shall furnish to the employee any notification issued by the Social Security Administration or the United States Department of Homeland Security containing information specific to the employee’s E-Verify case or any tentative nonconfirmation notice. The notification shall be furnished as soon as practicable.
(c) In addition to other remedies available, an employer who violates this section is liable for a civil penalty not to exceed ten thousand dollars ($10,000) for each violation of this section. Each unlawful use of the E-Verify system on an employee or applicant constitutes a separate violation.
(d) This section is intended to prevent discrimination in employment rather than to sanction the potential hiring and employment of persons who are not authorized for employment under federal law.
(Added by Stats. 2015, Ch. 696, Sec. 1. (AB 622) Effective January 1, 2016.)
2023 California Code › Labor Code - LAB › DIVISION 3 - EMPLOYMENT RELATIONS › CHAPTER 2 - Employer and Employee › ARTICLE 3 - Obligations of Employee › Section 2850.

2850. One who, without consideration, undertakes to do a service for another, is not bound to perform the same but if he actually enters upon its performance, he shall use at least slight care and diligence therein.
(Enacted by Stats. 1937, Ch. 90.)
2023 California Code › Labor Code - LAB › DIVISION 3 - EMPLOYMENT RELATIONS › CHAPTER 2 - Employer and Employee › ARTICLE 3 - Obligations of Employee › Section 2851.

2851. One who, by his own special request, induces another to intrust him with the performance of a service, shall perform the same fully. In other cases, one who undertakes a gratuitous service may relinquish it at any time.
(Enacted by Stats. 1937, Ch. 90.)
2023 California Code › Labor Code - LAB › DIVISION 3 - EMPLOYMENT RELATIONS › CHAPTER 2 - Employer and Employee › ARTICLE 3 - Obligations of Employee › Section 2852.

2852. A gratuitous employee, who accepts a written power of attorney, shall act under it so long as it remains in force, or until he gives notice to his employer that he will not do so.
(Enacted by Stats. 1937, Ch. 90.)
2023 California Code › Labor Code - LAB › DIVISION 3 - EMPLOYMENT RELATIONS › CHAPTER 2 - Employer and Employee › ARTICLE 3 - Obligations of Employee › Section 2853.

2853. One who is employed at his own request to do that which is more for his own advantage than for that of his employer, shall use great care and diligence therein to protect the interest of the employer.
(Enacted by Stats. 1937, Ch. 90.)
2023 California Code › Labor Code - LAB › DIVISION 3 - EMPLOYMENT RELATIONS › CHAPTER 2 - Employer and Employee › ARTICLE 3 - Obligations of Employee › Section 2854.

2854. One who, for a good consideration, agrees to serve another, shall perform the service, and shall use ordinary care and diligence therein, so long as he is thus employed.
(Enacted by Stats. 1937, Ch. 90.)
2023 California Code › Labor Code - LAB › DIVISION 3 - EMPLOYMENT RELATIONS › CHAPTER 2 - Employer and Employee › ARTICLE 3 - Obligations of Employee › Section 2855.

2855. (a) Except as otherwise provided in subdivision (b), a contract to render personal service, other than a contract of apprenticeship as provided in Chapter 4 (commencing with Section 3070), may not be enforced against the employee beyond seven years from the commencement of service under it. Any contract, otherwise valid, to perform or render service of a special, unique, unusual, extraordinary, or intellectual character, which gives it peculiar value and the loss of which cannot be reasonably or adequately compensated in damages in an action at law, may nevertheless be enforced against the person contracting to render the service, for a term not to exceed seven years from the commencement of service under it. If the employee voluntarily continues to serve under it beyond that time, the contract may be referred to as affording a presumptive measure of the compensation.
(b) Notwithstanding subdivision (a):
(1) Any employee who is a party to a contract to render personal service in the production of phonorecords in which sounds are first fixed, as defined in Section 101 of Title 17 of the United States Code, may not invoke the provisions of subdivision (a) without first giving written notice to the employer in accordance with Section 1020 of the Code of Civil Procedure, specifying that the employee from and after a future date certain specified in the notice will no longer render service under the contract by reason of subdivision (a).
(2) Any party to a contract described in paragraph (1) shall have the right to recover damages for a breach of the contract occurring during its term in an action commenced during or after its term, but within the applicable period prescribed by law.
(3) If a party to a contract described in paragraph (1) is, or could contractually be, required to render personal service in the production of a specified quantity of the phonorecords and fails to render all of the required service prior to the date specified in the notice provided in paragraph (1), the party damaged by the failure shall have the right to recover damages for each phonorecord as to which that party has failed to render service in an action that, notwithstanding paragraph (2), shall be commenced within 45 days after the date specified in the notice.
(Amended by Stats. 2006, Ch. 538, Sec. 487. Effective January 1, 2007.)
2023 California Code › Labor Code - LAB › DIVISION 3 - EMPLOYMENT RELATIONS › CHAPTER 2 - Employer and Employee › ARTICLE 3 - Obligations of Employee › Section 2856.

2856. An employee shall substantially comply with all the directions of his employer concerning the service on which he is engaged, except where such obedience is impossible or unlawful, or would impose new and unreasonable burdens upon the employee.
(Enacted by Stats. 1937, Ch. 90.)
2023 California Code › Labor Code - LAB › DIVISION 3 - EMPLOYMENT RELATIONS › CHAPTER 2 - Employer and Employee › ARTICLE 3 - Obligations of Employee › Section 2857.

2857. An employee shall perform his service in conformity to the usage of the place of performance, unless otherwise directed by his employer, or unless it is impracticable or manifestly injurious to his employer to do so.
(Enacted by Stats. 1937, Ch. 90.)
2023 California Code › Labor Code - LAB › DIVISION 3 - EMPLOYMENT RELATIONS › CHAPTER 2 - Employer and Employee › ARTICLE 3 - Obligations of Employee › Section 2860.

2860. Everything which an employee acquires by virtue of his employment, except the compensation which is due to him from his employer, belongs to the employer, whether acquired lawfully or unlawfully, or during or after the expiration of the term of his employment.
(Enacted by Stats. 1937, Ch. 90.)
2023 California Code › Labor Code - LAB › DIVISION 3 - EMPLOYMENT RELATIONS › CHAPTER 2 - Employer and Employee › ARTICLE 3 - Obligations of Employee › Section 2861.

2861. An employee shall, on demand, render to his employer just accounts of all his transactions in the course of his service, as often as is reasonable, and shall, without demand, give prompt notice to his employer of everything which he receives for the account of the employer.
(Enacted by Stats. 1937, Ch. 90.)
2023 California Code › Labor Code - LAB › DIVISION 3 - EMPLOYMENT RELATIONS › CHAPTER 2 - Employer and Employee › ARTICLE 3 - Obligations of Employee › Section 2862.

2862. An employee who receives anything on account of his employer, in any capacity other than that of a mere servant, is not bound to deliver it to the employer until demanded, and is not at liberty to send it to the employer from a distance, without demand, in any mode involving greater risk than its retention by the employee himself.
(Enacted by Stats. 1937, Ch. 90.)
2023 California Code › Labor Code - LAB › DIVISION 3 - EMPLOYMENT RELATIONS › CHAPTER 2 - Employer and Employee › ARTICLE 3 - Obligations of Employee › Section 2863.

2863. An employee who has any business to transact on his own account, similar to that intrusted to him by his employer, shall always give the preference to the business of the employer.
(Enacted by Stats. 1937, Ch. 90.)
2023 California Code › Labor Code - LAB › DIVISION 3 - EMPLOYMENT RELATIONS › CHAPTER 2 - Employer and Employee › ARTICLE 3 - Obligations of Employee › Section 2864.

2864. An employee who is expressly authorized to employ a substitute is liable to his principal only for want of ordinary care in his selection. The substitute is directly responsible to the principal.
(Enacted by Stats. 1937, Ch. 90.)
2023 California Code › Labor Code - LAB › DIVISION 3 - EMPLOYMENT RELATIONS › CHAPTER 2 - Employer and Employee › ARTICLE 3 - Obligations of Employee › Section 2865.

2865. An employee who is guilty of a culpable degree of negligence is liable to his employer for the damage thereby caused to the employer. The employer is liable to the employee if the service is not gratuitous, for the value of the services only as are properly rendered.
(Enacted by Stats. 1937, Ch. 90.)
2023 California Code › Labor Code - LAB › DIVISION 3 - EMPLOYMENT RELATIONS › CHAPTER 2 - Employer and Employee › ARTICLE 3 - Obligations of Employee › Section 2866.

2866. Where service is to be rendered by two or more persons jointly, and one of them dies, the survivor shall act alone, if the service to be rendered is such as he can rightly perform without the aid of the deceased person, but not otherwise.
(Enacted by Stats. 1937, Ch. 90.)
2023 California Code › Labor Code - LAB › DIVISION 3 - EMPLOYMENT RELATIONS › CHAPTER 2 - Employer and Employee › ARTICLE 3.5 - Inventions Made by an Employee › Section 2870.

2870. (a) Any provision in an employment agreement which provides that an employee shall assign, or offer to assign, any of his or her rights in an invention to his or her employer shall not apply to an invention that the employee developed entirely on his or her own time without using the employer’s equipment, supplies, facilities, or trade secret information except for those inventions that either:
(1) Relate at the time of conception or reduction to practice of the invention to the employer’s business, or actual or demonstrably anticipated research or development of the employer; or
(2) Result from any work performed by the employee for the employer.
(b) To the extent a provision in an employment agreement purports to require an employee to assign an invention otherwise excluded from being required to be assigned under subdivision (a), the provision is against the public policy of this state and is unenforceable.
(Amended by Stats. 1991, Ch. 647, Sec. 5.)
2023 California Code › Labor Code - LAB › DIVISION 3 - EMPLOYMENT RELATIONS › CHAPTER 2 - Employer and Employee › ARTICLE 3.5 - Inventions Made by an Employee › Section 2871.

2871. No employer shall require a provision made void and unenforceable by Section 2870 as a condition of employment or continued employment. Nothing in this article shall be construed to forbid or restrict the right of an employer to provide in contracts of employment for disclosure, provided that any such disclosures be received in confidence, of all of the employee’s inventions made solely or jointly with others during the term of his or her employment, a review process by the employer to determine such issues as may arise, and for full title to certain patents and inventions to be in the United States, as required by contracts between the employer and the United States or any of its agencies.
(Added by Stats. 1979, Ch. 1001.)
2023 California Code › Labor Code - LAB › DIVISION 3 - EMPLOYMENT RELATIONS › CHAPTER 2 - Employer and Employee › ARTICLE 3.5 - Inventions Made by an Employee › Section 2872.

2872. If an employment agreement entered into after January 1, 1980, contains a provision requiring the employee to assign or offer to assign any of his or her rights in any invention to his or her employer, the employer must also, at the time the agreement is made, provide a written notification to the employee that the agreement does not apply to an invention which qualifies fully under the provisions of Section 2870. In any suit or action arising thereunder, the burden of proof shall be on the employee claiming the benefits of its provisions.
(Added by Stats. 1979, Ch. 1001.)
2023 California Code › Labor Code - LAB › DIVISION 3 - EMPLOYMENT RELATIONS › CHAPTER 2 - Employer and Employee › ARTICLE 4 - Termination of Employment › Section 2920.

2920. Every employment is terminated by any of the following:
(a) Expiration of its appointed term.
(b) Extinction of its subject.
(c) Death of the employee.
(d) The employee’s legal incapacity to act as such.
(Enacted by Stats. 1937, Ch. 90.)
2023 California Code › Labor Code - LAB › DIVISION 3 - EMPLOYMENT RELATIONS › CHAPTER 2 - Employer and Employee › ARTICLE 4 - Termination of Employment › Section 2921.

2921. Every employment in which the power of the employee is not coupled with an interest in its subject is terminated by notice to the employee of either of the following:
(a) The death of the employer.
(b) The legal incapacity of the employer to contract.
(Enacted by Stats. 1937, Ch. 90.)
2023 California Code › Labor Code - LAB › DIVISION 3 - EMPLOYMENT RELATIONS › CHAPTER 2 - Employer and Employee › ARTICLE 4 - Termination of Employment › Section 2922.

2922. An employment, having no specified term, may be terminated at the will of either party on notice to the other. Employment for a specified term means an employment for a period greater than one month.
(Amended by Stats. 1971, Ch. 1607.)
2023 California Code › Labor Code - LAB › DIVISION 3 - EMPLOYMENT RELATIONS › CHAPTER 2 - Employer and Employee › ARTICLE 4 - Termination of Employment › Section 2923.

2923. An employee, unless the term of his service has expired or unless he has a right to discontinue it at any time without notice, shall continue his service after notice of the death or incapacity of his employer, so far as is necessary to protect from serious injury the interests of the employer’s successor in interest, until a reasonable time after notice of the facts has been communicated to such successor. The successor shall compensate the employee for such service according to the terms of the contract of employment.
(Enacted by Stats. 1937, Ch. 90.)
2023 California Code › Labor Code - LAB › DIVISION 3 - EMPLOYMENT RELATIONS › CHAPTER 2 - Employer and Employee › ARTICLE 4 - Termination of Employment › Section 2924.

2924. An employment for a specified term may be terminated at any time by the employer in case of any willful breach of duty by the employee in the course of his employment, or in case of his habitual neglect of his duty or continued incapacity to perform it.
(Amended by Stats. 1971, Ch. 1607.)
2023 California Code › Labor Code - LAB › DIVISION 3 - EMPLOYMENT RELATIONS › CHAPTER 2 - Employer and Employee › ARTICLE 4 - Termination of Employment › Section 2925.

2925. An employment for a specified term may be terminated by the employee at any time in case of any wilful or permanent breach of the obligations of his employer to him as an employee.
(Enacted by Stats. 1937, Ch. 90.)
2023 California Code › Labor Code - LAB › DIVISION 3 - EMPLOYMENT RELATIONS › CHAPTER 2 - Employer and Employee › ARTICLE 4 - Termination of Employment › Section 2926.

2926. An employee who is not employed for a specified term and who is dismissed by his employer is entitled to compensation for services rendered up to the time of such dismissal.
(Enacted by Stats. 1937, Ch. 90.)
2023 California Code › Labor Code - LAB › DIVISION 3 - EMPLOYMENT RELATIONS › CHAPTER 2 - Employer and Employee › ARTICLE 4 - Termination of Employment › Section 2927.

2927. An employee who is not employed for a specified term and who quits the service of his employer is entitled to compensation for services rendered up to the time of such quitting.
(Enacted by Stats. 1937, Ch. 90.)
2023 California Code › Labor Code - LAB › DIVISION 3 - EMPLOYMENT RELATIONS › CHAPTER 2 - Employer and Employee › ARTICLE 4 - Termination of Employment › Section 2928.

2928. No deduction from the wages of an employee on account of his coming late to work shall be made in excess of the proportionate wage which would have been earned during the time actually lost, but for a loss of time less than thirty minutes, a half hour’s wage may be deducted.
(Enacted by Stats. 1937, Ch. 90.)
2023 California Code › Labor Code - LAB › DIVISION 3 - EMPLOYMENT RELATIONS › CHAPTER 2 - Employer and Employee › ARTICLE 4 - Termination of Employment › Section 2929.

2929. (a) As used in this section:
(1) “Garnishment” means any judicial procedure through which the wages of an employee are required to be withheld for the payment of any debt.
(2) “Wages” has the same meaning as that term has under Section 200.
(b) No employer may discharge any employee by reason of the fact that the garnishment of his wages has been threatened. No employer may discharge any employee by reason of the fact that his wages have been subjected to garnishment for the payment of one judgment. A provision of a contract of employment that provides an employee with less protection than is provided by this subdivision is against public policy and void.
(c) Unless the employee has greater rights under the contract of employment, the wages of an employee who is discharged in violation of this section shall continue until reinstatement notwithstanding such discharge, but such wages shall not continue for more than 30 days and shall not exceed the amount of wages earned during the 30 calendar days immediately preceding the date of the levy of execution upon the employee’s wages which resulted in his discharge. The employee shall give notice to his employer of his intention to make a wage claim under this subdivision within 30 days after being discharged; and, if he desires to have the Labor Commissioner take an assignment of his wage claim, the employee shall file a wage claim with the Labor Commissioner within 60 days after being discharged. The Labor Commissioner may, in his discretion, take assignment of wage claims under this subdivision as provided for in Section 96. A discharged employee shall not be permitted to recover wages under this subdivision if a criminal prosecution based on the same discharge has been commenced for violation of Section 304 of the Consumer Credit Protection Act of 1968 (15 U.S.C. Sec. 1674).
(d) Nothing in this section affects any other rights the employee may have against his employer.
(e) This section is intended to aid in the enforcement of the prohibition against discharge for garnishment of earnings provided in the Consumer Credit Protection Act of 1968 (15 U.S.C. Secs. 1671–1677) and shall be interpreted and applied in a manner which is consistent with the corresponding provisions of such act.
(Added by Stats. 1971, Ch. 1607.)
2023 California Code › Labor Code - LAB › DIVISION 3 - EMPLOYMENT RELATIONS › CHAPTER 2 - Employer and Employee › ARTICLE 5 - Investigations of Employees › Section 2930.

2930. (a) Any employer who disciplines or discharges an employee on the basis of a shopping investigator’s report of the employee’s conduct, performance, or honesty performed by a person licensed pursuant to Chapter 11 (commencing with Section 7500) of Division 3 of the Business and Professions Code shall provide the employee with a copy of the investigation report prior to discharging or disciplining the employee. Where an interview occurs which might result in the termination of an employee for dishonesty, the employee shall be handed a copy of the latest investigation report on which the interview was based during the course of the interview prior to its conclusion. This section shall not be applicable if the licensee conducting the investigation is employed exclusively and regularly by one employer in connection with the affairs of only that employer and where there exists an employer-employee relationship and the entire investigation is conducted solely for such employer by such licensee.
(b) For purposes of this section, a “shopping investigator” is a person who: shops in commercial, retail, and service establishments to test integrity of sales, warehouse, stockroom, and service personnel, and evaluates sales techniques and services rendered customers; reviews an establishment’s policies and standards to ascertain employee performance requirements; buys merchandise, orders food, or utilizes services to evaluate sales technique and courtesy of employees, carries merchandise to check stand or sales counter and observes employees during sales transaction to detect irregularities in listing or calling prices, itemizing merchandise, or handling cash; or delivers purchases to an agency conducting shopping investigation service; and, following any one or more of the above activities, writes a report of investigations for each establishment visited.
(Amended by Stats. 1980, Ch. 370.)
2023 California Code › Labor Code - LAB › DIVISION 3 - EMPLOYMENT RELATIONS › CHAPTER 4 - Apprenticeship and Preapprenticeship › ARTICLE 1 - Administration › Section 3070.

3070. There is in the Division of Apprenticeship Standards the California Apprenticeship Council, which shall be appointed by the Governor, composed of six representatives each from employers or employer organizations and employee organizations, that sponsor apprenticeship programs under Section 3071, respectively, geographically selected, and of two representatives of the general public. The Director of Industrial Relations, or his or her permanent and best qualified designee, and the Superintendent of Public Instruction, or his or her permanent and best qualified designee, and the Chancellor of the California Community Colleges, or his or her permanent and best qualified designee, and the Chairperson of the California Firefighter Joint Apprenticeship Committee (Cal-JAC), or his or her permanent and best qualified designee, shall also be members of the California Apprenticeship Council. The chairperson shall be elected by vote of the California Apprenticeship Council. Beginning with appointments in 1985, three representatives each of employers and employees, and one public representative shall serve until January 15, 1989. In 1987, three representatives each of the employers and employees, and one public representative shall serve until January 15, 1991. Any member whose term expires on January 15, 1986, shall continue to serve until January 15, 1987. Thereafter each member shall serve for a term of four years. Any member appointed to fill a vacancy occurring prior to the expiration of the term of his or her predecessor shall be appointed for the remainder of that term. Each member of the council shall receive the sum of one hundred dollars ($100) for each day of actual attendance at meetings of the council, for each day of actual attendance at hearings by the council or a committee thereof pursuant to Section 3082, and for each day of actual attendance at meetings of other committees established by the council and approved by the Director of Industrial Relations, together with his or her actual and necessary traveling expenses incurred in connection therewith.
(Amended by Stats. 2018, Ch. 704, Sec. 21. (AB 235) Effective September 22, 2018.)
2023 California Code › Labor Code - LAB › DIVISION 3 - EMPLOYMENT RELATIONS › CHAPTER 4 - Apprenticeship and Preapprenticeship › ARTICLE 1 - Administration › Section 3071.

3071. (a) The California Apprenticeship Council shall meet quarterly at a designated date and special meetings may be held at the call of the chair. The council shall issue rules and regulations which establish standards for minimum wages, maximum hours, and working conditions for apprentice agreements in the building and construction trades and for firefighter occupations, hereinafter in this chapter referred to as apprenticeship standards, which in no case shall be lower than those prescribed by this chapter; and shall issue rules and regulations governing equal opportunities in apprenticeship, affirmative action programs which include women and minorities in apprenticeship, and other on-the-job training, and criteria for selection procedures with a view particularly toward eliminating criteria not relevant to qualification for training employment or more stringent than is reasonably necessary.
(b) For purposes of this section, “firefighter occupations” means those occupations submitted by the California Firefighter Joint Apprenticeship Committee and approved by the Chief of the Division of Apprenticeship Standards.
(c) Notwithstanding the standards established pursuant to subdivision (a), if the minimum wages, maximum hours, and working conditions for apprentices in the California Firefighter Joint Apprenticeship Program are in conflict with the provisions of a collective bargaining agreement with a public employer, the provisions of the collective bargaining agreement shall prevail.
(Amended by Stats. 2018, Ch. 704, Sec. 22. (AB 235) Effective September 22, 2018.)
2023 California Code › Labor Code - LAB › DIVISION 3 - EMPLOYMENT RELATIONS › CHAPTER 4 - Apprenticeship and Preapprenticeship › ARTICLE 1 - Administration › Section 3071.7.

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

3072. The Director of Industrial Relations is ex officio the Administrator of Apprenticeship and is authorized to appoint assistants as necessary to effectuate the purposes of this chapter.
(Amended by Stats. 2012, Ch. 46, Sec. 100. (SB 1038) Effective June 27, 2012.)
2023 California Code › Labor Code - LAB › DIVISION 3 - EMPLOYMENT RELATIONS › CHAPTER 4 - Apprenticeship and Preapprenticeship › ARTICLE 1 - Administration › Section 3073.2.

3073.2. (a) The division may fund the programs established pursuant to this chapter by means of grants, reimbursements, or other appropriate funding mechanisms rather than contracts. The grants shall not be subject to the review or approval specified in Section 10295 of the Public Contract Code. The division may provide grants, reimbursements, or funding through other appropriate funding mechanisms for any purpose consistent with this chapter, including for training of apprentices or the establishment or ongoing support of an apprenticeship program. The division may enter into contracts or interagency agreements to carry out this function.
(b) The division may apply for, receive, and use federal funding for the administration of its functions under this chapter.
(Added by Stats. 2022, Ch. 67, Sec. 13. (SB 191) Effective June 30, 2022.)
2023 California Code › Labor Code - LAB › DIVISION 3 - EMPLOYMENT RELATIONS › CHAPTER 4 - Apprenticeship and Preapprenticeship › ARTICLE 1 - Administration › Section 3073.3.

3073.3. It is the intent of the Legislature that the Department of Industrial Relations will encourage greater participation for women, ethnic minorities, and the disabled in programs administered pursuant to this chapter.
(Amended by Stats. 2019, Ch. 164, Sec. 2. (AB 1019) Effective January 1, 2020.)
2023 California Code › Labor Code - LAB › DIVISION 3 - EMPLOYMENT RELATIONS › CHAPTER 4 - Apprenticeship and Preapprenticeship › ARTICLE 1 - Administration › Section 3073.6.

3073.6. Every person who willfully discriminates in any recruitment or apprenticeship program on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, except as otherwise provided in Section 12940 of the Government Code, is guilty of a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000) or by imprisonment for not more than six months, or both.
(Added by Stats. 2018, Ch. 704, Sec. 28. (AB 235) Effective September 22, 2018.)
2023 California Code › Labor Code - LAB › DIVISION 3 - EMPLOYMENT RELATIONS › CHAPTER 4 - Apprenticeship and Preapprenticeship › ARTICLE 1 - Administration › Section 3073.7.

3073.7. (a) The Division of Apprenticeship Standards may cooperate in the provision of, or provide, services to the Employment Development Department, and to service delivery areas, as designated pursuant to the federal Workforce Innovation and Opportunity Act (Public Law 113-128), and Division 7 (commencing with Section 14000) of the Unemployment Insurance Code. The Division of Apprenticeship Standards may enter into any agreements as may be necessary for this purpose.
(b) The Division of Apprenticeship Standards shall exert maximum effort to persuade sponsors of its registered, nonfederally funded, voluntary apprenticeship and on-the-job training programs to accept to the maximum possible extent the eligible persons as described in the federal Workforce and Opportunity Act (Public Law 113-128), and Division 7 (commencing with Section 14000) of the Unemployment Insurance Code.
(Added by Stats. 2018, Ch. 704, Sec. 29. (AB 235) Effective September 22, 2018.)
2023 California Code › Labor Code - LAB › DIVISION 3 - EMPLOYMENT RELATIONS › CHAPTER 4 - Apprenticeship and Preapprenticeship › ARTICLE 1 - Administration › Section 3074.1.

3074.1. In compliance with the affirmative action requirements of California’s plan for equal opportunity in apprenticeship, school districts maintaining high schools, community colleges districts, and apprenticeship program sponsors, shall provide students with information as to the availability of apprenticeship programs.
(Added by Stats. 1976, Ch. 1175.)
2023 California Code › Labor Code - LAB › DIVISION 3 - EMPLOYMENT RELATIONS › CHAPTER 4 - Apprenticeship and Preapprenticeship › ARTICLE 1 - Administration › Section 3074.2.

3074.2. (a) For the purposes of this section:
(1) “Career fair” means an event where multiple private businesses, government agencies, university representatives, or career technical school representatives are invited by a school or school district to present career options or career technical education options for students.
(2) “College fair” means an event where multiple college or university representatives are invited by a school or school district to present college options to students.
(3) “School” means public schools, including, but not limited to, charter schools and alternative schools.
(b) (1) A school district or school that is planning to hold a college or career fair shall notify each apprenticeship program in the same county as the school district or school of the college or career fair. In determining the county location of an apprenticeship program, the school district or school shall rely on the database of approved apprenticeship programs published by the Division of Apprenticeship Standards on its internet website.
(2) The notification shall include both of the following:
(A) The planned date and time of the college fair or career fair.
(B) The planned location of the college fair or career fair.
(3) Notice shall be delivered before the planned date of the college or career fair either by first-class mail or by electronic mail pursuant to the contact information contained in the database of approved apprenticeship programs published by the Division of Apprenticeship Standards on its internet website.
(c) School districts and schools are encouraged by the Legislature to host apprenticeship fair events, in the style of college and career fair events that are focused on local apprenticeship programs and career technical education opportunities.
(Added by Stats. 2021, Ch. 324, Sec. 2. (AB 643) Effective January 1, 2022.)
2023 California Code › Labor Code - LAB › DIVISION 3 - EMPLOYMENT RELATIONS › CHAPTER 4 - Apprenticeship and Preapprenticeship › ARTICLE 1 - Administration › Section 3074.3.

3074.3. In providing related and supplemental instruction pursuant to Section 3074, and notwithstanding any provisions of the Education Code, the Superintendent of Public Instruction and the Chancellor of the California Community Colleges shall recognize registration in an apprenticeship program approved by the Division of Apprenticeship Standards in the Department of Industrial Relations as an acceptable prerequisite to enrollment into such related and supplemental classes.
(Amended by Stats. 1984, Ch. 285, Sec. 1.)
2023 California Code › Labor Code - LAB › DIVISION 3 - EMPLOYMENT RELATIONS › CHAPTER 4 - Apprenticeship and Preapprenticeship › ARTICLE 1 - Administration › Section 3074.7.

3074.7. Notwithstanding any other provision of law, the governing board of a school district which offers classroom instruction in postgraduate and upgrading courses pursuant to subdivision (d) of Section 3093 of this code may impose a fee upon individuals receiving instruction in such postgraduate and upgrading courses. Such fee shall be not more than the amount necessary, as determined by the governing board, to cover the total cost of all such classroom instruction given the individuals.
(Added by Stats. 1968, Ch. 961.)
2023 California Code › Labor Code - LAB › DIVISION 3 - EMPLOYMENT RELATIONS › CHAPTER 4 - Apprenticeship and Preapprenticeship › ARTICLE 2 - Apprenticeship Programs › Section 3075.1.

3075.1. It is the public policy of this state to encourage the utilization of apprenticeship as a form of on-the-job training, when such training is cost-effective in developing skills needed to perform public services. State and local public agencies shall make a diligent effort to establish apprenticeship programs for apprenticeable occupations in their respective work forces. In furtherance of this policy, public agencies shall take into consideration (a) the extent to which a continuous supply of trained personnel is readily available to public agencies to meet their skill requirements in the various occupations which are determined to be apprenticeable, and (b) the application of established programs in the private sector, where appropriate. Public sector apprenticeship programs should be fully compatible with affirmative action goals for the participation of minorities and women in apprenticeship programs.
(Added by Stats. 1976, Ch. 1179.)
2023 California Code › Labor Code - LAB › DIVISION 3 - EMPLOYMENT RELATIONS › CHAPTER 4 - Apprenticeship and Preapprenticeship › ARTICLE 2 - Apprenticeship Programs › Section 3075.5.

3075.5. (a) This section applies when a building and construction trades industry program applies to the Chief of the Division of Apprenticeship Standards for approval of a new apprenticeship program or for the expansion of an existing apprenticeship program into a new occupation or geographic area. The requirements of this section are in addition to other requirements that may be imposed by statute or regulation.
(b) (1) An applicant for a new or expanded apprenticeship program under subdivision (a) shall submit to the chief a written plan that sets out the number of new apprentices the applicant seeks to enroll during the next five years in the new or expanded program, new occupation, or new geographic area. The plan must include the applicant’s budget for training the new apprentices and a detailed explanation of how the applicant intends to provide sufficient funding to meet that budget.
(2) The applicant shall submit to the chief a written plan providing a reasonable timetable to obtain sufficient commitments from employers to employ the new apprentices so as to ensure, to the extent feasible, consistent with the rates of employment for existing programs in good standing in the applicable trade, that the new apprentices will be employed continuously throughout the entire term of apprenticeship.
(3) The applicant shall submit to the chief verifiable evidence that the applicant has obtained, or will obtain, suitable and adequate facilities to train the new apprentices. The chief, or his or her representative, shall personally inspect the facilities within six months after the final approval of the program.
(4) The applicant shall submit to the chief a plan for the recruitment and selection of the new apprentices. The plan shall include advertising of the new apprenticeship opportunities within the geographic area and outreach to organizations that promote apprenticeship opportunities to women and underrepresented minorities.
(c) The chief shall not approve an application that fails to meet any of the requirements of this section. If the chief does not approve an application because of its failure to comply with this section, the chief shall within 90 days provide the applicant with a detailed explanation of the deficiencies in the application and recommendations for addressing those deficiencies to obtain program approval. The applicant may submit a new or amended application to the chief within 90 days of receipt of the chief’s recommendations. The chief shall provide a detailed response to a new or amended application within 90 days of its receipt.
(Added by Stats. 2011, Ch. 696, Sec. 2. (SB 56) Effective January 1, 2012.)
2023 California Code › Labor Code - LAB › DIVISION 3 - EMPLOYMENT RELATIONS › CHAPTER 4 - Apprenticeship and Preapprenticeship › ARTICLE 2 - Apprenticeship Programs › Section 3075.6.

3075.6. Each building and construction trades apprenticeship program shall provide to each apprentice, on at least a semiannual basis, a statement showing the number of hours of on-the-job training and related and supplemental instruction that the apprentice has acquired toward graduation, the total number of hours of on-the-job training and related and supplemental instruction that are necessary for graduation, and the apprentice’s expected graduation date.
(Added by Stats. 2011, Ch. 696, Sec. 3. (SB 56) Effective January 1, 2012.)
2023 California Code › Labor Code - LAB › DIVISION 3 - EMPLOYMENT RELATIONS › CHAPTER 4 - Apprenticeship and Preapprenticeship › ARTICLE 2 - Apprenticeship Programs › Section 3075.7.

3075.7. Every building and construction trades industry apprenticeship program shall submit apprentice registration, change of address, graduation, and termination data to the Division of Apprenticeship Standards on a monthly basis in an electronic format acceptable to the division.
(Added by Stats. 2011, Ch. 696, Sec. 4. (SB 56) Effective January 1, 2012.)
2023 California Code › Labor Code - LAB › DIVISION 3 - EMPLOYMENT RELATIONS › CHAPTER 4 - Apprenticeship and Preapprenticeship › ARTICLE 2 - Apprenticeship Programs › Section 3076.

3076. The function of a joint apprenticeship committee, when specific written authority is delegated by the parent organizations represented, shall be to establish work processes, wage rates, working conditions for apprentices, the number of apprentices which shall be employed in the trade under apprentice agreements, and aid in the adjustment of apprenticeship disputes in accordance with standards for apprenticeship set up by the California Apprenticeship Council for programs in the building and construction trades and for firefighters or by the Chief of the Division of Apprenticeship Standards for other programs. Disciplinary proceedings resulting from disputes shall be duly noticed to the involved individuals.
(Amended by Stats. 2018, Ch. 704, Sec. 33. (AB 235) Effective September 22, 2018.)