PART 3. PRIVILEGES AND IMMUNITIES [920. - 1139.]

Part 3 enacted by Stats. 1937, Ch. 90.

§§ 920–1139 · 118 sections

CHAPTER 1. Contracts Against Public Policy §§ 920–927 · 8 sections
- § 920 As used in this chapter, unless the context otherwise indicates, “promise” includes promise, undertaking, contract, or agreement, whether written or oral,…
- § 921 Every promise made after August 21, 1933, between any employee or prospective employee and his employer, prospective employer or any other person is contrary…
- § 922 Any person or agent or officer thereof who coerces or compels any person to enter into an agreement, written or verbal, not to join or become a member of any…
- § 923 In the interpretation and application of this chapter, the public policy of this State is declared as follows: Negotiation of terms and conditions of labor…
- § 923.1 (a) (1) All of the provisions of this section shall be liberally construed to ensure that all workers in California can effectively vindicate their fundamental…
- § 925 (a) An employer shall not require an employee who primarily resides and works in California, as a condition of employment, to agree to a provision that would…
- § 926 (a) A contract or contract term that violates Section 16608 of the Business and Professions Code is void as contrary to public policy only if entered into on…
- § 927 (a) A provision in an agreement between an individual and any other person for the performance of personal or professional services is unenforceable only as it…
CHAPTER 2. Solicitation of Employees by Misrepresentation §§ 970–977 · 7 sections
- § 970 No person, or agent or officer thereof, directly or indirectly, shall influence, persuade, or engage any person to change from one place to another in this…
- § 971 Any person, or agent or officer thereof, who violates Section 970 is guilty of a misdemeanor punishable by a fine of not less than fifty dollars ($50) nor more…
- § 972 In addition to such criminal penalty, any person, or agent or officer thereof who violates any provision of Section 970 is liable to the party aggrieved, in a…
- § 973 If any person advertises for, or seeks employees by means of newspapers, posters, letters, or otherwise, or solicits or communicates by letter or otherwise…
- § 974 Any person, or agent or officer thereof, who violates Section 973 is guilty of a misdemeanor.
- § 976 No person shall publish or cause to be published any advertisement, solicitation or communication in any newspaper, poster or letter, offering employment as a…
- § 977 Any person, or agent or officer thereof, who violates Section 976 is guilty of a misdemeanor.
CHAPTER 2.5. Employer Use of Social Media § 980 · 1 section
- § 980 (a) As used in this chapter, “social media” means an electronic service or account, or electronic content, including, but not limited to, videos, still…
CHAPTER 3. Class of Labor Employed; Labor Union Insignia §§ 1010–1018 · 9 sections
- § 1010 As used in this chapter “label” includes label, imprint, trade-mark, tag, stamp, inscription, or other device.
- § 1011 A person engaged in the production, manufacture, or sale of any article of merchandise in this state, shall not, by any label placed or impressed upon such…
- § 1012 Any person engaged in the production, manufacture, or sale of any article of merchandise in this state, or any person engaged in the performance of any acts or…
- § 1013 As used in this chapter “forge” means forge, reproduce, copy, imitate, or counterfeit.
- § 1014 Any trade union, labor association, or labor organization, organized and existing in this State, which has adopted and registered a label or trademark in…
- § 1015 Any person who, without having an unrevoked written authority from such trade union, labor association or labor organization, willfully forges or procures to…
- § 1016 Any person who willfully uses or displays the genuine label, trademark, insignia, seal, device, or form of advertisement of any association or labor union, in…
- § 1017 Any person who wilfully uses the card of any labor union to obtain aid, assistance, or employment, unless entitled to use such card under the rules and…
- § 1018 Any person who willfully wears the button of any labor union of this state, unless entitled to wear the button under the rules of such union, is guilty of a…
CHAPTER 3.1. Unfair Immigration-Related Practices §§ 1019–1019.4 · 4 sections
- § 1019 (a) It is unlawful for an employer or any other person or entity to engage in, or to direct another person or entity to engage in, unfair immigration-related…
- § 1019.1 (a) It is unlawful for an employer, in the course of satisfying the requirements of Section 1324a(b) of Title 8 of the United States Code, to do any of the…
- § 1019.2 (a) Except as otherwise required by federal law, a public or private employer, or a person acting on behalf of a public or private employer, shall not reverify…
- § 1019.4 For purposes of this chapter, the terms “reverify” or “reverifying” mean the actions described in Section 274a.2(b)(1)(vii) of Title 8 of the Code of Federal…
CHAPTER 3.5. Contractors §§ 1020–1024 · 6 sections
- § 1020 It is the intent of the Legislature in enacting this chapter to establish a citation system for the imposition of prompt and effective civil sanctions against…
- § 1021 Any person who does not hold a valid state contractor’s license issued pursuant to Chapter 9 (commencing with Section 7000) of Division 3 of the Business and…
- § 1021.5 Any person who holds a valid state contractor’s license issued pursuant to Chapter 9 (commencing with Section 7000) of Division 3 of the Business and…
- § 1022 If upon inspection or investigation the Labor Commissioner determines that any person is employing workers in violation of Section 1021 or 1021.5, he or she…
- § 1023 (a) If a person desires to contest a citation or the proposed assessment of a civil penalty therefor, he or she shall within 15 business days after service of…
- § 1024 (a) It is the intent of the Legislature in enacting this section to provide for the prompt and effective enforcement of labor laws relating to the construction…
CHAPTER 3.6. Employer Use of Consumer Credit Reports §§ 1024.5–1024.6 · 2 sections
- § 1024.5 (a) An employer or prospective employer shall not use a consumer credit report for employment purposes unless the position of the person for whom the report is…
- § 1024.6 An employer may not discharge an employee or in any manner discriminate, retaliate, or take any adverse action against an employee because the employee updates…
CHAPTER 3.7. Alcohol and Drug Rehabilitation §§ 1025–1028 · 4 sections
- § 1025 Every private employer regularly employing 25 or more employees shall reasonably accommodate any employee who wishes to voluntarily enter and participate in an…
- § 1026 The employer shall make reasonable efforts to safeguard the privacy of the employee as to the fact that he or she has enrolled in an alcohol or drug…
- § 1027 Nothing in this chapter shall be construed to require an employer to provide time off with pay, except that an employee may use sick leave to which he or she…
- § 1028 An employee may file a complaint with the Labor Commissioner if he or she believes that he or she has been denied reasonable accommodation as required by this…
CHAPTER 3.8. Lactation Accommodation §§ 1030–1034 · 5 sections
- § 1030 Every employer, including the state and any political subdivision, shall provide a reasonable amount of break time to accommodate an employee desiring to…
- § 1031 (a) An employer shall provide an employee with the use of a room or other location for the employee to express milk in private. The room or location may…
- § 1032 An employer is not required to provide break time under this chapter if to do so would seriously disrupt the operations of the employer.
- § 1033 (a) The denial of reasonable break time or adequate space to express milk in accordance with this chapter shall be deemed a failure to comply for purposes of…
- § 1034 (a) An employer shall develop and implement a policy regarding lactation accommodation that includes the following: (1) A statement about an employee’s right…
CHAPTER 3.9. Employee Literacy Assistance §§ 1040–1044 · 5 sections
- § 1040 This chapter shall be known and may be cited as the Employee Literacy Education Assistance Act.
- § 1041 (a) Every private employer regularly employing 25 or more employees shall reasonably accommodate and assist any employee who reveals a problem of illiteracy…
- § 1042 The employer shall make reasonable efforts to safeguard the privacy of the employee as to the fact that he or she has a problem with illiteracy.
- § 1043 Nothing in this chapter shall be construed to require an employer to provide time off with pay for an employee to enroll and participate in an adult literacy…
- § 1044 An employee who reveals a problem of illiteracy and who satisfactorily performs his or her work shall not be subject to termination of employment because of…
CHAPTER 4. Reemployment Privileges §§ 1050–1057 · 8 sections
- § 1050 Any person, or agent or officer thereof, who, after having discharged an employee from the service of such person or after an employee has voluntarily left…
- § 1051 Except as provided in Section 1057, any person or agent or officer thereof, who requires, as a condition precedent to securing or retaining employment, that an…
- § 1052 Any person who knowingly causes, suffers, or permits an agent, superintendent, manager, or employee in his employ to commit a violation of sections 1050 and…
- § 1053 Nothing in this chapter shall prevent an employer or an agent, employee, superintendent or manager thereof from furnishing, upon special request therefor, a…
- § 1054 In addition to and apart from the criminal penalty provided any person or agent or officer thereof, who violates any provision of sections 1050 to 1052,…
- § 1055 Every public utility corporation shall, upon request by any employee leaving its service, give to such employee a letter stating the period of service and the…
- § 1056 Every public utility corporation violating Section 1055 is guilty of a misdemeanor punishable by a fine of not less than fifty dollars ($50) nor more than two…
- § 1057 Section 1051 shall not apply to any employee of a diversified or nondiversified management company, as defined in Section 80a-5 of Title 15 of the United…
CHAPTER 4.5. Displaced Janitor Opportunity Act §§ 1060–1065 · 7 sections
- § 1060 The following definitions shall apply throughout this chapter: (a) “Awarding authority” means any person that awards or otherwise enters into contracts for…
- § 1061 (a) (1) If an awarding authority notifies a contractor that the service contract between the awarding authority and the contractor has been terminated or will…
- § 1062 (a) An employee, who was not offered employment or who has been discharged in violation of this chapter by a successor contractor or successor subcontractor,…
- § 1063 (a) This chapter only applies to contracts entered into on or after January 1, 2002. (b) Except for the obligations specified in subdivisions (a) and (b) of…
- § 1063.5 (a) This chapter shall apply to every contractor that provides food and beverage services at a publicly owned entertainment venue. (b) For purposes of this…
- § 1064 Nothing in this chapter shall prohibit a local government agency from enacting ordinances relating to displaced janitors that impose greater standards than, or…
- § 1065 If any provision or provisions of this chapter or any application thereof is held invalid, that invalidity shall not affect any other provisions or…
CHAPTER 4.6. Public Transit Service Contracts and Contracts for the Collection and Transportation of Solid Waste §§ 1070–1076 · 7 sections
- § 1070 The Legislature finds and declares all of the following: (a) That when public agencies with jurisdiction over public transit services or the collection and…
- § 1071 The following definitions apply to this chapter: (a) “Awarding authority” means any local government agency, including any city, county, special district,…
- § 1072 (a) A bidder shall declare as part of the bid for a service contract whether or not the bidder will retain the employees of the prior contractor or…
- § 1073 (a) An employee who was not offered employment or who has been discharged in violation of this chapter, or his or her agent, may bring an action against the…
- § 1074 (a) Upon its own motion or upon the request of any member of the public, an awarding authority may terminate any service contract made pursuant to Section 1072…
- § 1075 Notwithstanding any other provision of this chapter, the following shall apply to service contracts for the collection and transportation of solid waste: (a) A…
- § 1076 The amendments and additions to this chapter made by the act adding this section shall not apply to contracts awarded before January 1, 2017, or to contracts…
CHAPTER 5. Political Affiliations §§ 1101–1106 · 12 sections
- § 1101 No employer shall make, adopt, or enforce any rule, regulation, or policy: (a) Forbidding or preventing employees from engaging or participating in politics or…
- § 1102 No employer shall coerce or influence or attempt to coerce or influence his employees through or by means of threat of discharge or loss of employment to adopt…
- § 1102.5 (a) An employer, or any person acting on behalf of the employer, shall not make, adopt, or enforce any rule, regulation, or policy preventing an employee from…
- § 1102.6 In a civil action or administrative proceeding brought pursuant to Section 1102.5, once it has been demonstrated by a preponderance of the evidence that an…
- § 1102.61 In any civil action or administrative proceeding brought pursuant to Section 1102.5, an employee may petition the superior court in any county wherein the…
- § 1102.62 (a) Upon the filing of the petition for injunctive relief, the petitioner shall cause notice thereof to be served upon the person, and thereupon the court…
- § 1102.7 (a) The office of the Attorney General shall maintain a whistleblower hotline to receive calls from persons who have information regarding possible violations…
- § 1102.8 (a) An employer shall prominently display in lettering larger than size 14 point type a list of employees’ rights and responsibilities under the whistleblower…
- § 1103 An employer or any other person or entity that violates this chapter is guilty of a misdemeanor punishable, in the case of an individual, by imprisonment in…
- § 1104 In all prosecutions under this chapter, the employer is responsible for the acts of his managers, officers, agents, and employees.
- § 1105 Nothing in this chapter shall prevent the injured employee from recovering damages from his employer for injury suffered through a violation of this chapter.
- § 1106 For purposes of Sections 1102.5, 1102.6, 1102.7, 1102.8, 1104, and 1105, “employee” includes, but is not limited to, any individual employed by the state or…
CHAPTER 5.1. Whistleblower Protections: Catastrophic Risks in AI Foundation Models §§ 1107–1107.2 · 3 sections
- § 1107 For purposes of this chapter: (a) (1) “Catastrophic risk” means a foreseeable and material risk that a frontier developer’s development, storage, use, or…
- § 1107.1 (a) A frontier developer shall not make, adopt, enforce, or enter into a rule, regulation, policy, or contract that prevents a covered employee from…
- § 1107.2 The loss of value of equity does not count as damage to or loss of property for the purposes of this chapter.
CHAPTER 6. Agreements in Connection With Trade Disputes § 1110 · 1 section
- § 1110 No agreement, combination, or contract, by or between two or more persons to do or procure to be done, or not to do or procure not to be done, any act in…
CHAPTER 7. Jurisdictional Strikes §§ 1115–1122 · 7 sections
- § 1115 A jurisdictional strike as herein defined is hereby declared to be against the public policy of the State of California and is hereby declared to be unlawful.
- § 1116 Any person injured or threatened with injury by violation of any of the provisions hereof shall be entitled to injunctive relief therefrom in a proper case,…
- § 1117 As used herein, “labor organization” means any organization or any agency or employee representation committee or any local unit thereof in which employees…
- § 1118 As used in this chapter, “jurisdictional strike” means a concerted refusal to perform work for an employer or any other concerted interference with an…
- § 1119 Nothing in this chapter shall be construed to interfere with collective bargaining subject to the prohibitions herein set forth, nor to prohibit any individual…
- § 1120 If any provision of this chapter or the application of such provision to any person or circumstance shall be held invalid, the remainder of this chapter or the…
- § 1122 Any person who organizes an employee group which is financed in whole or in part, interfered with or dominated or controlled by the employer or any employer…
CHAPTER 7.5. Collective Bargaining Agreements §§ 1126–1128 · 3 sections
- § 1126 Any collective bargaining agreement between an employer and a labor organization shall be enforceable at law or in equity, and a breach of such collective…
- § 1127 (a) Where a collective bargaining agreement between an employer and a labor organization contains a successor clause, such clause shall be binding upon and…
- § 1128 (a) Where a party to a collective bargaining agreement prevails in a court action to compel arbitration of disputes concerning the collective bargaining…
CHAPTER 8. Professional Strikebreakers §§ 1130–1136.2 · 11 sections
1. ARTICLE 1. Findings and Declarations § 1130 · 1 section
  - § 1130 The Legislature hereby makes the following findings and declarations: Relations between organized labor and management in this state have for many years been…
2. ARTICLE 2. Definitions §§ 1132–1133 · 6 sections
  - § 1132 Unless provided otherwise, the definitions in this article govern the construction of this chapter.
  - § 1132.2 “Employer” means a person, partnership, firm, corporation, association, or other entity, which employs any person or persons to perform services for a wage or…
  - § 1132.4 “Employee” means any person who performs services for wages or salary under a contract of employment, express or implied, for an employer.
  - § 1132.6 “Strike” means any concerted act of more than 50 percent of the bargaining unit employees in a lawful refusal of such employees under applicable state or…
  - § 1132.8 “Lockout” means any refusal by an employer to permit any group of five or more employees to work as a result of a dispute with such employees affecting wages,…
  - § 1133 “Professional strikebreaker” means any person other than supervisorial personnel who have been in the employ of the employer before the commencement of the…
3. ARTICLE 3. Professional Strikebreakers §§ 1134–1134.2 · 2 sections
  - § 1134 It shall be unlawful for any employer willingly and knowingly to utilize any professional strikebreaker to replace an employee or employees involved in a…
  - § 1134.2 It shall be unlawful for any professional strikebreaker willingly and knowingly to offer himself for employment or to replace an employee or employees involved…
4. ARTICLE 4. Miscellaneous §§ 1136–1136.2 · 2 sections
  - § 1136 Any person, partnership, firm, corporation, association or other entity, or officer or agent thereof, who shall violate any of the provisions of this chapter…
  - § 1136.2 If any part of the provisions of this chapter, or the application thereof, to any person or circumstance is held invalid in the final judgment of a court of…
CHAPTER 9. Employer Intimidation § 1137 · 1 section
- § 1137 (a) This chapter shall be known, and may be cited, as the “California Worker Freedom from Employer Intimidation Act.” (b) As used in this section, the…
CHAPTER 10. Unlawful Acts During Labor Disputes §§ 1138–1138.5 · 6 sections
- § 1138 No officer or member of any association or organization, and no association or organization, participating or interested in a labor dispute, shall be held…
- § 1138.1 (a) No court of this state shall have authority to issue a temporary or permanent injunction in any case involving or growing out of a labor dispute, except…
- § 1138.2 No restraining order or injunctive relief shall be granted to any complainant involved in the labor dispute in question who has failed to comply with any…
- § 1138.3 No restraining order or temporary or permanent injunction shall be granted in a case involving or growing out of a labor dispute, except on the basis of…
- § 1138.4 The term “labor dispute” as used in this chapter has the same meaning as set forth in clauses (i), (ii), and (iii) of paragraph (4) of subdivision (b) of…
- § 1138.5 Sections 1138.1, 1138.2, and 1138.3 shall not apply to any peace officer as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the…
CHAPTER 11. Workers’ Rights in Emergencies § 1139 · 1 section
- § 1139 (a) As used in this chapter: (1) (A) “Emergency condition” means the existence of either of the following: (i) Conditions of disaster or extreme peril to the…