reglab/statecodes huggingface dataset:
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 11 - GARMENT MANUFACTURING › CHAPTER 3 - Arbitration › Section 2692.

2692. The basic costs of the arbitration proceeding, including interpreters requested by the panel, shall be borne equally by all parties to the proceeding, provided, however, that the panel may as a part of its award impose all such costs on the party requesting arbitration if a majority of the panel determines that the matter brought before it was frivolous. In addition, in the case of a frivolous claim the panel may impose upon the party requesting arbitration the costs of translators, court reporters, and reasonable attorneys fees incurred by the other party.
(Added by Stats. 1980, Ch. 633.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 11 - GARMENT MANUFACTURING › CHAPTER 4 - Garment worker wage claim pilot program › Section 2693.

2693. The Legislature finds and declares that the garment industry is rife with both egregious wage violations and flagrant health and safety violations, both of which have been allowed to proliferate in the pandemic, leading to the deaths of dozens of garment workers. However, not all workers who experience these violations have access to advocates in order to vindicate their rights, due to the limited capacity of legal aid and community-based organizations.
(Added by Stats. 2021, Ch. 78, Sec. 5. (AB 138) Effective July 16, 2021.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 11 - GARMENT MANUFACTURING › CHAPTER 4 - Garment worker wage claim pilot program › Section 2693.1.

2693.1. (a) Upon appropriation by the Legislature, the Department of Industrial Relations shall establish and maintain a Garment Worker Wage Claim Pilot Program. The Department shall contract to provide resources to qualified organizations. The funds shall be used to increase the capacity and expertise of qualified organizations to improve the education of wage violations to garment workers and the securing of wage claims for garment workers who bring forward a wage claim pursuant to Section 2673.1. The program shall include, but not be limited to, all of the following:
(1) Education for garment workers including, but not limited to, minimum wage, overtime, sick leave, recordkeeping, wage adjudication, and retaliation.
(2) Direct assistance by a worker advocate to assist workers who seek to file a wage claim.
(3) Legal assistance to garment workers who seek to file a wage claim.
(b) All education and services provided in this section shall be at free and accessible to any garment worker in the State of California.
(c) For the purposes of this chapter, “qualified organization” means a legal aid or community-based nonprofit organization that has a minimum of five years experience working with garment workers, advocating on behalf of garment workers, and a successful record of winning wage claims on behalf of garment workers that have been filed with the Division of Labor Standards Enforcement.
(Added by Stats. 2021, Ch. 78, Sec. 5. (AB 138) Effective July 16, 2021.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 12 - SHEEPHERDERS AND GOAT HERDERS › Section 2695.1.

2695.1. (a) It is the intent of the Legislature to codify certain labor protections that should be afforded to sheepherders. The provisions of this section are in addition to, and are entirely independent from, any other statutory or legal protections, rights, or remedies that are or may be available under this code or any other state law or regulation to sheepherders either as individuals, employees, or persons.
(b) All terms used in this section and in Section 2695.2 have the meanings assigned to them by this code or any other state law or regulation.
(c) The Department of Industrial Relations shall update Wage Order No. 14-2001 to be consistent with this section and Sections 2695.2, 2695.3, and 2695.4, except that any existing provision in Wage Order No. 14-2001 that provides greater protections or benefits to sheepherders or goat herders shall continue in full force and effect, notwithstanding any provision of this section, Section 2695.2, Section 2695.3, or Section 2695.4.
(d) For purposes of this section and Section 2695.2, “sheepherder” means an individual who is employed to do any of the following, including with the use of trained dogs:
(1) Tend herds of sheep grazing or browsing on range or pasture.
(2) Move sheep to and about an area assigned for grazing or browsing.
(3) Prevent sheep from wandering or becoming lost.
(4) Protect sheep against predators and the eating of poisonous plants.
(5) Assist in the lambing, docking, or shearing of sheep.
(6) Provide water or feed supplementary rations to sheep.
(Amended by Stats. 2022, Ch. 569, Sec. 41. (AB 156) Effective September 27, 2022.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 12 - SHEEPHERDERS AND GOAT HERDERS › Section 2695.3.

2695.3. (a) It is the intent of the Legislature to codify certain labor protections that should be afforded to goat herders. The provisions of this section are in addition to, and are entirely independent from, any other statutory or legal protections, rights, or remedies that are or may be available under this code or any other state law or regulation to goat herders either as individuals, employees, or persons.
(b) All terms used in this section and in Section 2695.4 have the meanings assigned to them by this code or any other state law or regulation.
(c) On or before January 1, 2026, the Department of Industrial Relations, in consultation with the Employment Development Department, shall issue a report, pursuant to Section 9795 of the Government Code, to the Legislature on employment of sheepherders and goat herders in California. In preparing the report, the agency shall consult with stakeholders, including, but limited to, sheepherder and goat herder employers and employees. The report shall, at a minimum, cover the following information:
(1) The results of the consultations with stakeholders, including sheepherder and goat herder employers and employees.
(2) Wage violations, including minimum wage and overtime, and compliance with the labor standards in Sections 2695.2 and 2695.4.
(3) Demographic information on the employment of sheepherders and goat herders, including the number of employers and number of employees.
(4) The use of H-2A visas in sheepherding and goat herding.
(d) For purposes of this section and Section 2695.4, “goat herder” means an individual who is employed to do any of the following, including with the use of trained dogs:
(1) Tend herds of goats grazing or browsing on range or pasture.
(2) Move goats to and about an area assigned for grazing or browsing.
(3) Prevent goats from wandering or becoming lost.
(4) Protect goats against predators and the eating of poisonous plants.
(5) Assist in the kidding of goats.
(6) Provide water or feed supplementary rations to goats.
(e) This section shall remain in effect only until July 1, 2026, and as of that date is repealed.
(Amended by Stats. 2023, Ch. 196, Sec. 19. (SB 143) Effective September 13, 2023. Repealed as of July 1, 2026, by its own provisions.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 13 - THE LABOR CODE PRIVATE ATTORNEYS GENERAL ACT OF 2004 › Section 2698.

2698. This part shall be known and may be cited as the Labor Code Private Attorneys General Act of 2004.
(Added by Stats. 2003, Ch. 906, Sec. 2. Effective January 1, 2004.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 13 - THE LABOR CODE PRIVATE ATTORNEYS GENERAL ACT OF 2004 › Section 2699.5.

2699.5. The provisions of subdivision (a) of Section 2699.3 apply to any alleged violation of the following provisions: subdivision (k) of Section 96, Sections 98.6, 201, 201.3, 201.5, 201.7, 202, 203, 203.1, 203.5, 204, 204a, 204b, 204.1, 204.2, 205, 205.5, 206, 206.5, 208, 209, and 212, subdivision (d) of Section 213, Sections 221, 222, 222.5, 223, and 224, paragraphs (1) to (5), inclusive, (7), and (9) of subdivision (a) of Section 226, Sections 226.7, 227, 227.3, 230, 230.1, 230.2, 230.3, 230.4, 230.7, 230.8, and 231, subdivision (c) of Section 232, subdivision (c) of Section 232.5, Sections 233, 234, 351, 353, and 403, subdivision (b) of Section 404, Sections 432.2, 432.5, 432.7, 435, 450, 510, 511, 512, 513, 551, 552, 601, 602, 603, 604, 750, 751.8, 800, 850, 851, 851.5, 852, 921, 922, 923, 970, 973, 976, 1021, 1021.5, 1025, 1026, 1101, 1102, 1102.5, and 1153, subdivisions (c) and (d) of Section 1174, Sections 1194, 1197, 1197.1, 1197.5, and 1198, subdivision (b) of Section 1198.3, Sections 1199, 1199.5, 1290, 1292, 1293, 1293.1, 1294, 1294.1, 1294.5, 1296, 1297, 1298, 1301, 1308, 1308.1, 1308.7, 1309, 1309.5, 1391, 1391.1, 1391.2, 1392, 1683, and 1695, subdivision (a) of Section 1695.5, Sections 1695.55, 1695.6, 1695.7, 1695.8, 1695.9, 1696, 1696.5, 1696.6, 1697.1, 1700.25, 1700.26, 1700.31, 1700.32, 1700.40, and 1700.47, Sections 1735, 1771, 1774, 1776, 1777.5, 1811, 1815, 2651, and 2673, subdivision (a) of Section 2673.1, Sections 2695.2, 2800, 2801, 2802, 2806, and 2810, subdivision (b) of Section 2929, and Sections 3073.6, 6310, 6311, and 6399.7.
(Amended by Stats. 2019, Ch. 497, Sec. 184. (AB 991) Effective January 1, 2020.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 13 - THE LABOR CODE PRIVATE ATTORNEYS GENERAL ACT OF 2004 › Section 2699.6.

2699.6. (a) This part shall not apply to an employee in the construction industry with respect to work performed under a valid collective bargaining agreement in effect any time before January 1, 2025, that expressly provides for the wages, hours of work, and working conditions of employees, premium wage rates for all overtime hours worked, and for the employee to receive a regular hourly pay rate of not less than 30 percent more than the state minimum wage rate, and the agreement does all of the following:
(1) Prohibits all of the violations of this code that would be redressable pursuant to this part, and provides for a grievance and binding arbitration procedure to redress those violations.
(2) Expressly waives the requirements of this part in clear and unambiguous terms.
(3) Authorizes the arbitrator to award any and all remedies otherwise available under this code, provided that nothing in this section authorizes the award of penalties under this part that would be payable to the Labor and Workforce Development Agency.
(b) Except for a civil action under Section 2699, nothing in this section precludes an employee from pursuing any other civil action against an employer, including, but not limited to, an action for a violation of the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code), Title VII of the Civil Rights Act of 1964 (Public Law 88-352), or any other prohibition of discrimination or harassment.
(c) The exception provided by this section shall expire on the date the collective bargaining agreement expires or on January 1, 2028, whichever is earlier.
(d) For purposes of this section, “employee in the construction industry” means an employee performing work associated with construction, including work involving alteration, demolition, building, excavation, renovation, remodeling, maintenance, improvement, repair work, and any other work as described by Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code, and other similar or related occupations or trades.
(e) This section shall remain in effect only until January 1, 2028, and as of that date is repealed.
(Added by Stats. 2018, Ch. 529, Sec. 1. (AB 1654) Effective January 1, 2019. Repealed as of January 1, 2028, by its own provisions.)
2023 California Code › Labor Code - LAB › DIVISION 3 - EMPLOYMENT RELATIONS › CHAPTER 1 - Scope of Division › Section 2700.

2700. The provisions of this division shall not limit, change, or in any way qualify the provisions of Divisions 4 and 4.5 of this code, but shall be fully operative and effective in all cases where the provisions of Divisions 4 and 4.5 are not applicable.
(Amended by Stats. 1957, Ch. 48.)
2023 California Code › Labor Code - LAB › DIVISION 3 - EMPLOYMENT RELATIONS › CHAPTER 2 - Employer and Employee › ARTICLE 1 - The Contract of Employment › Section 2750.

2750. The contract of employment is a contract by which one, who is called the employer, engages another, who is called the employee, to do something for the benefit of the employer or a third person.
(Enacted by Stats. 1937, Ch. 90.)
2023 California Code › Labor Code - LAB › DIVISION 3 - EMPLOYMENT RELATIONS › CHAPTER 2 - Employer and Employee › ARTICLE 1 - The Contract of Employment › Section 2750.5.

2750.5. There is a rebuttable presumption affecting the burden of proof that a worker performing services for which a license is required pursuant to Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code, or who is performing such services for a person who is required to obtain such a license is an employee rather than an independent contractor. Proof of independent contractor status includes satisfactory proof of these factors:
(a) That the individual has the right to control and discretion as to the manner of performance of the contract for services in that the result of the work and not the means by which it is accomplished is the primary factor bargained for.
(b) That the individual is customarily engaged in an independently established business.
(c) That the individual’s independent contractor status is bona fide and not a subterfuge to avoid employee status. A bona fide independent contractor status is further evidenced by the presence of cumulative factors such as substantial investment other than personal services in the business, holding out to be in business for oneself, bargaining for a contract to complete a specific project for compensation by project rather than by time, control over the time and place the work is performed, supplying the tools or instrumentalities used in the work other than tools and instrumentalities normally and customarily provided by employees, hiring employees, performing work that is not ordinarily in the course of the principal’s work, performing work that requires a particular skill, holding a license pursuant to the Business and Professions Code, the intent by the parties that the work relationship is of an independent contractor status, or that the relationship is not severable or terminable at will by the principal but gives rise to an action for breach of contract.
In addition to the factors contained in subdivisions (a), (b), and (c), any person performing any function or activity for which a license is required pursuant to Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code shall hold a valid contractors’ license as a condition of having independent contractor status.
For purposes of workers’ compensation law, this presumption is a supplement to the existing statutory definitions of employee and independent contractor, and is not intended to lessen the coverage of employees under Division 4 and Division 5.
(Amended by Stats. 1979, Ch. 605.)
2023 California Code › Labor Code - LAB › DIVISION 3 - EMPLOYMENT RELATIONS › CHAPTER 2 - Employer and Employee › ARTICLE 1 - The Contract of Employment › Section 2750.6.

2750.6. There is a rebuttable presumption affecting the burden of proof that a physician and surgeon, licensed pursuant to Division 2 (commencing with Section 500) of the Business and Professions Code, who enters into a contract for the performance of health services on behalf of a licensed primary care clinic, as defined in paragraph (1) of subdivision (a) of Section 1204 of the Health and Safety Code, is an independent contractor rather than an employee. Nothing in this section shall authorize the employment of a physician and surgeon to provide professional services when the employment would violate any other provision of law.
(Added by Stats. 1984, Ch. 783, Sec. 1.)
2023 California Code › Labor Code - LAB › DIVISION 3 - EMPLOYMENT RELATIONS › CHAPTER 2 - Employer and Employee › ARTICLE 1 - The Contract of Employment › Section 2751.

2751. (a) Whenever an employer enters into a contract of employment with an employee for services to be rendered within this state and the contemplated method of payment of the employee involves commissions, the contract shall be in writing and shall set forth the method by which the commissions shall be computed and paid.
(b) The employer shall give a signed copy of the contract to every employee who is a party thereto and shall obtain a signed receipt for the contract from each employee. In the case of a contract that expires and where the parties nevertheless continue to work under the terms of the expired contract, the contract terms are presumed to remain in full force and effect until the contract is superseded or employment is terminated by either party.
(c) As used in this section, “commissions” has the meaning set forth in Section 204.1. For purposes of this section only, “commission” does not include any of the following:
(1) Short-term productivity bonuses such as are paid to retail clerks.
(2) Temporary, variable incentive payments that increase, but do not decrease, payment under the written contract.
(3) Bonus and profit-sharing plans, unless there has been an offer by the employer to pay a fixed percentage of sales or profits as compensation for work to be performed.
(Amended by Stats. 2012, Ch. 826, Sec. 1. (AB 2675) Effective January 1, 2013.)
2023 California Code › Labor Code - LAB › DIVISION 3 - EMPLOYMENT RELATIONS › CHAPTER 2 - Employer and Employee › ARTICLE 1 - The Contract of Employment › Section 2753.

2753. (a) A person who, for money or other valuable consideration, knowingly advises an employer to treat an individual as an independent contractor to avoid employee status for that individual shall be jointly and severally liable with the employer if the individual is found not to be an independent contractor.
(b) This section does not apply to the following persons:
(1) A person who provides advice to his or her employer.
(2) An attorney authorized to practice law in California or another United States jurisdiction who provides legal advice in the course of the practice of law.
(Added by Stats. 2011, Ch. 706, Sec. 2. (SB 459) Effective January 1, 2012.)
2023 California Code › Labor Code - LAB › DIVISION 3 - EMPLOYMENT RELATIONS › CHAPTER 2 - Employer and Employee › ARTICLE 1 - The Contract of Employment › Section 2754.

2754. (a) For the purposes of this section, the following definitions shall apply:
(1) “California-based team” means a team that plays a majority of its home games in California.
(2) “Cheerleader” means an individual who performs acrobatics, dance, or gymnastics exercises on a recurring basis. This term shall not include an individual who is not otherwise affiliated with a California-based professional sports team and is utilized during its exhibitions, events, or games no more than one time in a calendar year.
(3) “Professional sports team” means a team at either a minor or major league level in the sport of baseball, basketball, football, ice hockey, or soccer.
(b) Notwithstanding any other law, for purposes of all of the provisions of state law that govern employment, including this code, the Unemployment Insurance Code, and the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code), a cheerleader who is utilized by a California-based professional sports team directly or through a labor contractor during its exhibitions, events, or games, shall be deemed to be an employee.
(c) The professional sports team shall ensure that the cheerleader is classified as an employee.
(Added by Stats. 2015, Ch. 102, Sec. 1. (AB 202) Effective January 1, 2016.)
2023 California Code › Labor Code - LAB › DIVISION 3 - EMPLOYMENT RELATIONS › CHAPTER 2 - Employer and Employee › ARTICLE 1 - The Contract of Employment › Section 2755.

2755. (a) For purposes of implementing Section 12316.1 of the Welfare and Institutions Code, the state, counties, and public authorities are not the employer or joint employer of any In-Home Supportive Services provider, except as explicitly set forth under state law.
(b) It is the intent of the Legislature that, to the extent allowable under state and federal law, the Career Pathways Program shall be a separate and voluntary benefit and shall not produce an adverse effect to recipients or providers.
(Added by Stats. 2021, Ch. 696, Sec. 17. (AB 172) Effective October 8, 2021.)
2023 California Code › Labor Code - LAB › DIVISION 3 - EMPLOYMENT RELATIONS › CHAPTER 2 - Employer and Employee › ARTICLE 1.5 - Worker Status: Employees › Section 2775.

2775. (a) As used in this article:
(1) “Dynamex” means Dynamex Operations W. Inc. v. Superior Court (2018) 4 Cal.5th 903.
(2) “Borello” means the California Supreme Court’s decision in S. G. Borello & Sons, Inc. v. Department of Industrial Relations (1989) 48 Cal.3d 341.
(b) (1) For purposes of this code and the Unemployment Insurance Code, and for the purposes of wage orders of the Industrial Welfare Commission, a person providing labor or services for remuneration shall be considered an employee rather than an independent contractor unless the hiring entity demonstrates that all of the following conditions are satisfied:
(A) The person is free from the control and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work and in fact.
(B) The person performs work that is outside the usual course of the hiring entity’s business.
(C) The person is customarily engaged in an independently established trade, occupation, or business of the same nature as that involved in the work performed.
(2) Notwithstanding paragraph (1), any exceptions to the terms “employee,” “employer,” “employ,” or “independent contractor,” and any extensions of employer status or liability, that are expressly made by a provision of this code, the Unemployment Insurance Code, or in an applicable order of the Industrial Welfare Commission, including, but not limited to, the definition of “employee” in subdivision 2(E) of Wage Order No. 2, shall remain in effect for the purposes set forth therein.
(3) If a court of law rules that the three-part test in paragraph (1) cannot be applied to a particular context based on grounds other than an express exception to employment status as provided under paragraph (2), then the determination of employee or independent contractor status in that context shall instead be governed by the California Supreme Court’s decision in S. G. Borello & Sons, Inc. v. Department of Industrial Relations (1989) 48 Cal.3d 341 (Borello).
(Added by Stats. 2020, Ch. 38, Sec. 2. (AB 2257) Effective September 4, 2020.)
2023 California Code › Labor Code - LAB › DIVISION 3 - EMPLOYMENT RELATIONS › CHAPTER 2 - Employer and Employee › ARTICLE 1.5 - Worker Status: Employees › Section 2779.

2779. (a)Section 2775 and the holding in Dynamex do not apply to the relationship between two individuals wherein each individual is acting as a sole proprietor or separate business entity formed as a partnership, limited liability company, limited liability partnership, or corporation performing work pursuant to a contract for purposes of providing services at the location of a single-engagement event, as defined below, under the following conditions:
(1) Neither individual is subject to control and direction by the other, in connection with the performance of the work, both under the contract for the performance of the work and in fact.
(2) Each individual has the ability to negotiate their rate of pay with the other individual.
(3) The written contract between both individuals specifies the total payment for services provided by both individuals at the single-engagement event, and the specific rate paid to each individual.
(4) Each individual maintains their own business location, which may include the individual’s personal residence.
(5) Each individual provides their own tools, vehicles, and equipment to perform the services under the contract.
(6) If the work is performed in a jurisdiction that requires an individual to have a business license or business tax registration, then each individual has the required business license or business tax registration.
(7) Each individual is customarily engaged in the same or similar type of work performed under the contract or each individual separately holds themselves out to other potential customers as available to perform the same type of work.
(8) Each individual can contract with other businesses to provide the same or similar services and maintain their own clientele without restrictions.
(b) “Single-engagement event” means a stand-alone non-recurring event in a single location, or a series of events in the same location no more than once a week.
(c) “Services” under this section do not include services provided in an industry designated by the Division of Occupational Safety and Health or the Department of Industrial Relations as a high hazard industry pursuant to subparagraph (A) of paragraph (3) of subdivision (e) of Section 6401.7 or janitorial, delivery, courier, transportation, trucking, agricultural labor, retail, logging, in-home care, or construction services other than minor home repair.
(Added by Stats. 2020, Ch. 38, Sec. 2. (AB 2257) Effective September 4, 2020.)
2023 California Code › Labor Code - LAB › DIVISION 3 - EMPLOYMENT RELATIONS › CHAPTER 2 - Employer and Employee › ARTICLE 1.5 - Worker Status: Employees › Section 2782.

2782. (a) Section 2775 and the holding in Dynamex do not apply to the relationship between a data aggregator and a research subject, and instead the holding in Borello shall apply, if all of the following conditions are satisfied:
(1) The research subject is free from control and direction with respect to the substance and content of the feedback.
(2) The nature of the feedback requested requires the research subject to exercise independent judgment and discretion.
(3) The research subject has the ability to reject feedback requests, without being penalized in any form by the data aggregator.
(b) As used in this section:
(1) “Data aggregator” is a business, research institution, or organization that requests and gathers feedback on user interface, products, services, people, concepts, ideas, offerings, or experiences from research subjects willing to provide it.
(2) “Research subject” is any person who willingly engages with a data aggregator in order to provide individualized feedback on user interface, products, services, people, concepts, ideas, offerings, or experiences, and does not engage solely for the purposes of completing individual tasks, except as the tasks relate to providing such feedback.
(Amended by Stats. 2021, Ch. 422, Sec. 3. (AB 1561) Effective January 1, 2022.)
2023 California Code › Labor Code - LAB › DIVISION 3 - EMPLOYMENT RELATIONS › CHAPTER 2 - Employer and Employee › ARTICLE 1.5 - Worker Status: Employees › Section 2784.

2784. Section 2775 and the holding in Dynamex do not apply to the relationship between a motor club holding a certificate of authority issued pursuant to Chapter 2 (commencing with Section 12160) of Part 5 of Division 2 of the Insurance Code and an individual performing services pursuant to a contract between the motor club and a third party to provide motor club services utilizing the employees and vehicles of the third party and, instead, the determination of whether such an individual is an employee of the motor club shall be governed by Borello, if the motor club demonstrates that the third party is a separate and independent business from the motor club.
(Added by Stats. 2020, Ch. 38, Sec. 2. (AB 2257) Effective September 4, 2020.)
2023 California Code › Labor Code - LAB › DIVISION 3 - EMPLOYMENT RELATIONS › CHAPTER 2 - Employer and Employee › ARTICLE 1.5 - Worker Status: Employees › Section 2785.

2785. (a) Section 2775 does not constitute a change in, but is declaratory of, existing law with regard to wage orders of the Industrial Welfare Commission and violations of this code relating to wage orders.
(b) Insofar as the application of Sections 2776 to Section 2784 would relieve an employer from liability, those sections shall apply retroactively to existing claims and actions to the maximum extent permitted by law.
(c) Except as provided in subdivisions (a) and (b) of this section, this article shall apply to work performed on or after January 1, 2020.
(d) If a hiring entity can demonstrate compliance with all of conditions set forth in any one of Sections 2776 to 2784, inclusive, then Section 2775 and the holding in Dynamex do not apply to that entity, and instead the determination of an individual’s employment status as an employee or independent contractor shall be governed by Borello.
(Added by Stats. 2020, Ch. 38, Sec. 2. (AB 2257) Effective September 4, 2020.)
2023 California Code › Labor Code - LAB › DIVISION 3 - EMPLOYMENT RELATIONS › CHAPTER 2 - Employer and Employee › ARTICLE 1.5 - Worker Status: Employees › Section 2786.

2786. In addition to any other remedies available, an action for injunctive relief to prevent the continued misclassification of employees as independent contractors may be prosecuted against the putative employer in a court of competent jurisdiction by the Attorney General, by a district attorney, or by a city attorney of a city having a population in excess of 750,000, or by a city attorney in a city and county or, with the consent of the district attorney, by a city prosecutor in a city having a full-time city prosecutor in the name of the people of the State of California upon their own complaint or upon the complaint of a board, officer, person, corporation, or association.
(Added by Stats. 2020, Ch. 38, Sec. 2. (AB 2257) Effective September 4, 2020.)
2023 California Code › Labor Code - LAB › DIVISION 3 - EMPLOYMENT RELATIONS › CHAPTER 2 - Employer and Employee › ARTICLE 1.5 - Worker Status: Employees › Section 2787.

2787. The provisions of this Article are severable. If any provision of this Article or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
(Added by Stats. 2020, Ch. 38, Sec. 2. (AB 2257) Effective September 4, 2020.)
2023 California Code › Labor Code - LAB › DIVISION 3 - EMPLOYMENT RELATIONS › CHAPTER 2 - Employer and Employee › ARTICLE 2 - Obligations of Employer › Section 2800.1.

2800.1. An employer shall in all cases take reasonable and necessary precautions to safeguard musical instruments and equipment, belonging to an employed musician, located on premises under the employer’s control. In the event such equipment is damaged or stolen as a result of the employer’s failure or refusal to take such reasonable and necessary precautions, the employer shall be liable to the owner for repair or replacement thereof if the employed musician has taken reasonable and necessary precautions to safeguard the musical instruments and equipment.
For the purposes of this section: (a) “employer” includes a purchaser of services and the owner of premises upon which an employed musician is working; and (b) “employee” is any employed musician working on premises which are under an employer’s control.
(Added by Stats. 1973, Ch. 497.)
2023 California Code › Labor Code - LAB › DIVISION 3 - EMPLOYMENT RELATIONS › CHAPTER 2 - Employer and Employee › ARTICLE 2 - Obligations of Employer › Section 2800.2.

2800.2. (a) Any employer, employee association, or other entity otherwise providing hospital, surgical, or major medical benefits to its employees or members is solely responsible for notification of its employees or members of the conversion coverage made available pursuant to Part 6.1 (commencing with Section 12670) of Division 2 of the Insurance Code or Section 1373.6 of the Health and Safety Code.
(b) Any employer, employee association, or other entity, whether private or public, that provides hospital, medical, or surgical expense coverage that a former employee may continue under Section 4980B of Title 26 of the United States Code, Section 1161 et seq. of Title 29 of the United States Code, or Section 300bb of Title 42 of the United States Code, as added by the Consolidated Omnibus Budget Reconciliation Act of 1985 (Public Law 99-272), and as may be later amended (hereafter “COBRA”), shall, in conjunction with the notification required by COBRA that COBRA continuation coverage will cease and conversion coverage is available, and as a part of the notification required by subdivision (a), also notify the former employee, spouse, or former spouse of the availability of the continuation coverage under Section 1373.621 of the Health and Safety Code, and Sections 10116.5 and 11512.03 of the Insurance Code.
(c) On or after July 1, 2006, notification provided to employees, members, former employees, spouses, or former spouses under subdivisions (a) and (b) shall also include the following notification:
“Please examine your options carefully before declining this coverage. You should be aware that companies selling individual health insurance typically require a review of your medical history that could result in a higher premium or you could be denied coverage entirely.”
(Amended by Stats. 2005, Ch. 526, Sec. 8. Effective January 1, 2006.)
2023 California Code › Labor Code - LAB › DIVISION 3 - EMPLOYMENT RELATIONS › CHAPTER 2 - Employer and Employee › ARTICLE 2 - Obligations of Employer › Section 2800.3.

2800.3. Any employer, other than a self-insurer, employee association or other entity otherwise providing hospital, surgical or major medical benefits to its employees or members shall also make available conversion coverage which complies with the provisions of Part 6.1 (commencing with Section 12670) of Division 2 of the Insurance Code and Section 1373.6 of the Health and Safety Code.
(Added by Stats. 1981, Ch. 1096, Sec. 4. Operative January 1, 1983, by Sec. 5 of Ch. 1096.)
2023 California Code › Labor Code - LAB › DIVISION 3 - EMPLOYMENT RELATIONS › CHAPTER 2 - Employer and Employee › ARTICLE 2 - Obligations of Employer › Section 2801.

2801. In any action to recover damages for a personal injury sustained within this State by an employee while engaged in the line of his duty or the course of his employment as such, or for death resulting from personal injury so sustained, in which recovery is sought upon the ground of want of ordinary or reasonable care of the employer, or of any officer, agent or servant of the employer, the fact that such employee has been guilty of contributory negligence shall not bar a recovery therein where his contributory negligence was slight and that of the employer was gross, in comparison, but the damages may be diminished by the jury in proportion to the amount of negligence attributable to such employee.
It shall be conclusively presumed that such employee was not guilty of contributory negligence in any case where the violation of any law enacted for the safety of employees contributed to such employee’s injury.
It shall not be a defense that:
(a) The employee either expressly or impliedly assumed the risk of the hazard complained of.
(b) The injury or death was caused in whole or in part by the want of ordinary or reasonable care of a fellow servant.
No contract, or regulation, shall exempt the employer from any provisions of this section.
(Enacted by Stats. 1937, Ch. 90.)
2023 California Code › Labor Code - LAB › DIVISION 3 - EMPLOYMENT RELATIONS › CHAPTER 2 - Employer and Employee › ARTICLE 2 - Obligations of Employer › Section 2802.

2802. (a) An employer shall indemnify his or her employee for all necessary expenditures or losses incurred by the employee in direct consequence of the discharge of his or her duties, or of his or her obedience to the directions of the employer, even though unlawful, unless the employee, at the time of obeying the directions, believed them to be unlawful.
(b) All awards made by a court or by the Division of Labor Standards Enforcement for reimbursement of necessary expenditures under this section shall carry interest at the same rate as judgments in civil actions. Interest shall accrue from the date on which the employee incurred the necessary expenditure or loss.
(c) For purposes of this section, the term “necessary expenditures or losses” shall include all reasonable costs, including, but not limited to, attorney’s fees incurred by the employee enforcing the rights granted by this section.
(d) In addition to recovery of penalties under this section in a court action or proceedings pursuant to Section 98, the commissioner may issue a citation against an employer or other person acting on behalf of the employer who violates reimbursement obligations for an amount determined to be due to an employee under this section. The procedures for issuing, contesting, and enforcing judgments for citations or civil penalties issued by the commissioner shall be the same as those set forth in Section 1197.1. Amounts recovered pursuant to this section shall be paid to the affected employee.
(Amended by Stats. 2015, Ch. 783, Sec. 4. (AB 970) Effective January 1, 2016.)
2023 California Code › Labor Code - LAB › DIVISION 3 - EMPLOYMENT RELATIONS › CHAPTER 2 - Employer and Employee › ARTICLE 2 - Obligations of Employer › Section 2802.1.

2802.1. (a) (1) Section 2802 applies to any expense or cost of any employer-provided or employer-required educational program or training for an employee providing direct patient care or an applicant for direct patient care employment. Those expenses or costs shall constitute a necessary expenditure or loss incurred by the employee in direct consequence of the discharge of the employee’s duties, as that phrase is used in Section 2802.
(2)  For purposes of this section, “employer-provided or employer-required educational program or training” includes, but is not limited to, residencies, orientations, or competency validations necessary for direct patient care employment. “Employer-provided or employer-required educational program or training” does not include either of the following:
(A) Requirements for a license, registration, or certification necessary to legally practice in a specific employee classification to provide direct patient care.
(B) Education or training that is voluntarily undertaken by the employee or applicant solely at their discretion.
(b) An employer, or any person acting on behalf of the employer, shall not retaliate against an applicant for employment or employee for refusing to enter into a contract or agreement that violates subdivision (a).
(c) This section shall only apply to applicants for employment and employees providing direct patient care for an employer for a “general acute care hospital,” as defined in subdivision (a) of Section 1250 of the Health and Safety Code.
(d) In addition to injunctive relief and any other remedies available, a court shall award, in any action brought pursuant to this section, a prevailing plaintiff reasonable attorney’s fees and costs.
(e) This section is declaratory of and clarifies existing law with respect to employer-required training for employees.
(Added by Stats. 2020, Ch. 351, Sec. 2. (AB 2588) Effective January 1, 2021.)
2023 California Code › Labor Code - LAB › DIVISION 3 - EMPLOYMENT RELATIONS › CHAPTER 2 - Employer and Employee › ARTICLE 2 - Obligations of Employer › Section 2803.

2803. When death, whether instantaneously or otherwise, results from an injury to an employee caused by the want of ordinary or reasonable care of an employer or of any officer, agent, a servant of the employer, the personal representative of such employee shall have a right of action therefor against such employer, and may recover damages in respect thereof, for and on behalf of the surviving spouse, children, dependent parents, and dependent brothers and sisters, in order of precedence as stated, but no more than one action shall be brought for such recovery.
(Amended by Stats. 1976, Ch. 1171.)
2023 California Code › Labor Code - LAB › DIVISION 3 - EMPLOYMENT RELATIONS › CHAPTER 2 - Employer and Employee › ARTICLE 2 - Obligations of Employer › Section 2803.4.

2803.4. (a) Any employer providing health benefits under the Employee Retirement Income Security Act of 1974 (29 U.S.C. Sec. 1001, et seq.) shall not provide an exception for other coverage where the other coverage is entitlement to Medi-Cal benefits under Chapter 7 (commencing with Section 14000) or Chapter 8 (commencing with Section 14200) of Part 3 of Division 9 of the Welfare and Institutions Code, or medicaid benefits under Subchapter 19 (commencing with Section 1396) of Chapter 7 of Title 42 of the United States Code. Any employer providing health benefits under the Employee Retirement Income Security Act of 1974 shall not provide an exception for the Medi-Cal or medicaid benefits.
(b) Any employer providing health benefits under the Employee Retirement Income Security Act of 1974 shall not provide that the benefits payable are subject to reduction if the individual insured has entitlement to Medi-Cal or medicaid benefits.
(c) Any employer providing health benefits under the Employee Retirement Income Security Act of 1974 shall not provide an exception for enrollment for benefits because of an applicant’s entitlement to Medi-Cal benefits under Chapter 7 (commencing with Section 14000) or Chapter 8 (commencing with Section 14200) of Part 3 of Division 9 of the Welfare and Institutions Code, or medicaid benefits under Subchapter 19 (commencing with Section 1396) of Chapter 7 of Title 42 of the United States Code.
(d) The State Department of Health Services shall consider health benefits available under the Employee Retirement Income Security Act of 1974 in determining legal liability of any third party for medical expenses incurred by a Medi-Cal or medicaid recipient under Section 14124.90 of the Welfare and Institutions Code and Subchapter 19 (commencing with Section 1396) of Chapter 7 of Title 42 of the United States Code.
(Added by Stats. 1994, Ch. 147, Sec. 16. Effective July 11, 1994.)
2023 California Code › Labor Code - LAB › DIVISION 3 - EMPLOYMENT RELATIONS › CHAPTER 2 - Employer and Employee › ARTICLE 2 - Obligations of Employer › Section 2803.5.

2803.5. Any employer who offers health care coverage, including employers and insurers, shall comply with the standards set forth in Chapter 7 (commencing with Section 3750) of Part 1 of Division 9 of the Family Code and Section 14124.94 of the Welfare and Institutions Code.
(Amended by Stats. 1996, Ch. 1062, Sec. 28. Effective January 1, 1997.)
2023 California Code › Labor Code - LAB › DIVISION 3 - EMPLOYMENT RELATIONS › CHAPTER 2 - Employer and Employee › ARTICLE 2 - Obligations of Employer › Section 2804.

2804. Any contract or agreement, express or implied, made by any employee to waive the benefits of this article or any part thereof, is null and void, and this article shall not deprive any employee or his personal representative of any right or remedy to which he is entitled under the laws of this State.
(Enacted by Stats. 1937, Ch. 90.)
2023 California Code › Labor Code - LAB › DIVISION 3 - EMPLOYMENT RELATIONS › CHAPTER 2 - Employer and Employee › ARTICLE 2 - Obligations of Employer › Section 2806.

2806. (a) No employer, whether private or public, shall discontinue coverage for medical, surgical, or hospital benefits for employees unless the employer has notified and advised all covered employees in writing of any discontinuation of coverage, inclusive of nonrenewal and cancellation, but not inclusive of employment termination or cases in which substitute coverage has been provided, at least 15 days in advance of such discontinuation.
(b) If coverage is provided by a third party, failure of the employer to give the necessary notice shall not require the third party to continue the coverage beyond the date it would otherwise terminate.
(c) This section shall not apply to any employee welfare benefit plan that is subject to the Employee Retirement Income Security Act of 1974.
(Amended by Stats. 1992, Ch. 722, Sec. 8. Effective September 15, 1992.)
2023 California Code › Labor Code - LAB › DIVISION 3 - EMPLOYMENT RELATIONS › CHAPTER 2 - Employer and Employee › ARTICLE 2 - Obligations of Employer › Section 2807.

2807. (a) All employers, whether private or public, shall provide notification to former employees, along with the notification required by federal law pursuant to the Consolidated Omnibus Budget Reconciliation Act of 1985 (Public Law 99-272), of the availability of continued coverage for medical, surgical, or hospital benefits, a standardized written description of the Health Insurance Premium Program established by the State Department of Health Services pursuant to Section 120835 of the Health and Safety Code and Section 14124.91 of the Welfare and Institutions Code. The employer shall utilize the standardized written description prepared by the State Department of Health Services pursuant to subdivision (b).
(b) The State Department of Health Services shall prepare and make available, on request, a standardized written description of the Health Insurance Premium Program, at cost.
(Amended by Stats. 1996, Ch. 1023, Sec. 381. Effective September 29, 1996.)
2023 California Code › Labor Code - LAB › DIVISION 3 - EMPLOYMENT RELATIONS › CHAPTER 2 - Employer and Employee › ARTICLE 2 - Obligations of Employer › Section 2808.

2808. (a) It is the responsibility of all employers, whether public or private, to provide to all eligible employees an outline of coverage or similar explanation of all benefits provided under employer-sponsored health coverage, including, but not limited to, provider information for health maintenance organizations and preferred provider organizations.
(b) All employers, whether public or private, shall provide to employees, upon termination, notification of all continuation, disability extension, and conversion coverage options under any employer-sponsored coverage for which the employee may remain eligible after employment with that employer terminates.
(Added by Stats. 1993, Ch. 1210, Sec. 12. Effective January 1, 1994.)
2023 California Code › Labor Code - LAB › DIVISION 3 - EMPLOYMENT RELATIONS › CHAPTER 2 - Employer and Employee › ARTICLE 2 - Obligations of Employer › Section 2808.1.

2808.1. (a) Commencing January 1, 2023, the Department of Industrial Relations shall post on its internet website information regarding abortion and contraception benefits or services that may be available at no cost through the California Reproductive Health Equity Program to employees whose employer-sponsored health coverage does not include coverage for both abortion and contraception.
(b) For purposes of this section:
(1) “Abortion” has the same meaning as defined in Section 123464 of the Health and Safety Code.
(2) “California Reproductive Health Equity Program” means the program established pursuant to Section 127632 of the Health and Safety Code.
(3) “Contraception” means the services and contraceptive methods described in paragraph (1) of subdivision (b) of Section 1367.25 of the Health and Safety Code.
(Added by Stats. 2022, Ch. 562, Sec. 4. (AB 2134) Effective January 1, 2023.)