DIVISION 3. EMPLOYMENT RELATIONS [2700. - 3122.4.]
Division 3 enacted by Stats. 1937, Ch. 90.
§§ 2700–3122.4 · 142 sections
CHAPTER 1. Scope of Division § 2700 · 1 section
- § 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…
CHAPTER 2. Employer and Employee §§ 2750–2930 · 81 sections
ARTICLE 1. The Contract of Employment §§ 2750–2755 · 9 sections
- § 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…
- § 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…
- § 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…
- § 2750.8 (a) The Labor Commissioner and the Employment Development Department shall administer the Motor Carrier Employer Amnesty Program pursuant to which,…
- § 2750.9 (a) The Labor Commissioner and the Employment Development Department shall administer the Construction Trucking Employer Amnesty Program pursuant to which,…
- § 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…
- § 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…
- § 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…
- § 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…
ARTICLE 1.5. Worker Status: Employees §§ 2775–2787 · 14 sections
- § 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…
- § 2775.5 (a) Mere ownership of a vehicle, including a personal vehicle or a commercial vehicle, used by a person in providing labor or services for remuneration does…
- § 2776 Section 2775 and the holding in Dynamex do not apply to a bona fide business-to-business contracting relationship, as defined below, under the following…
- § 2777 Section 2775 and the holding in Dynamex do not apply to the relationship between a referral agency and a service provider, as defined below, under the…
- § 2778 (a) Section 2775 and the holding in Dynamex do not apply to a contract for “professional services” as defined below, and instead the determination of whether…
- § 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…
- § 2780 (a) (1) Section 2775 and the holding in Dynamex do not apply to the following occupations in connection with creating, marketing, promoting, or distributing…
- § 2781 Section 2775 and the holding in Dynamex do not apply to the relationship between a contractor and an individual performing work pursuant to a subcontract in…
- § 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…
- § 2783 Section 2775 and the holding in Dynamex do not apply to the following occupations as defined in the paragraphs below, and instead, the determination of…
- § 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…
- § 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…
- § 2786 In addition to any other remedies available, an action for injunctive relief to prevent the continued misclassification of employees as independent contractors…
- § 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…
ARTICLE 2. Obligations of Employer §§ 2800–2810.8 · 23 sections
- § 2800 An employer shall in all cases indemnify his employee for losses caused by the employer’s want of ordinary care.
- § 2800.1 An employer shall in all cases take reasonable and necessary precautions to safeguard musical instruments and equipment, belonging to an employed musician,…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 2802.2 (a) Section 2802 applies to the use of a vehicle, including a personal vehicle or a commercial vehicle, owned by an employee and used by that employee in the…
- § 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…
- § 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…
- § 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…
- § 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…
- § 2806 (a) No employer, whether private or public, shall discontinue coverage for medical, surgical, or hospital benefits for employees unless the employer has…
- § 2807 (a) All employers, whether private or public, shall provide notification to former employees, along with the notification required by federal law pursuant to…
- § 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…
- § 2808.1 (a) Commencing January 1, 2023, the Department of Industrial Relations shall post on its internet website information regarding abortion and contraception…
- § 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…
- § 2810 (a) A person or entity shall not enter into a contract or agreement for labor or services with a construction, farm labor, garment, janitorial, security guard,…
- § 2810.3 (a) As used in this section: (1) (A) “Client employer” means a business entity, regardless of its form, that obtains or is provided workers to perform labor…
- § 2810.4 (a) As used in this section: (1) “Commercial driver” means a person who holds a valid commercial driver’s license who is hired or contracted to provide port…
- § 2810.5 (a) (1) At the time of hiring, an employer shall provide to each employee a written notice, in the language the employer normally uses to communicate…
- § 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…
- § 2810.8 (a) For purposes of this section, the following definitions apply: (1) “Airport” means any area of land or water used or intended for landing or takeoff of…
ARTICLE 2.5. Electronic Employment Verification Systems §§ 2811–2814 · 4 sections
- § 2811 This article shall be known and may be cited as the Employment Acceleration Act of 2011.
- § 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…
- § 2813 For purposes of this article, the following terms have the following meanings: (a) “Electronic employment verification system” means an employment verification…
- § 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…
ARTICLE 3. Obligations of Employee §§ 2850–2866 · 17 sections
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 2858 An employee is bound to exercise a reasonable degree of skill, unless his employer has notice, before employing him, of his want of skill.
- § 2859 An employee is always bound to use such skill as he possesses, so far as the same is required, for the service specified.
- § 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,…
- § 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,…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
ARTICLE 3.5. Inventions Made by an Employee §§ 2870–2872 · 3 sections
- § 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…
- § 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…
- § 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…
ARTICLE 4. Termination of Employment §§ 2920–2929 · 10 sections
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
ARTICLE 5. Investigations of Employees § 2930 · 1 section
- § 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…
CHAPTER 4. Apprenticeship and Preapprenticeship §§ 3070–3122.4 · 60 sections
ARTICLE 1. Administration §§ 3070–3074.7 · 18 sections
- § 3070 There is in the Division of Apprenticeship Standards the California Apprenticeship Council, which shall be appointed by the Governor, composed of six…
- § 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…
- § 3071.5 There is also in the Division of Apprenticeship Standards the Interagency Advisory Committee on Apprenticeship. The membership and duties of this committee…
- § 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…
- § 3072 The Director of Industrial Relations is ex officio the Administrator of Apprenticeship and is authorized to appoint assistants as necessary to effectuate the…
- § 3073 (a) The Chief of the Division of Apprenticeship Standards, or their duly authorized representative, shall administer the provisions of this chapter; act as…
- § 3073.1 (a) The division shall evaluate apprenticeship and preapprenticeship programs to ensure that the program evaluated is complying with its standards, that all…
- § 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…
- § 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…
- § 3073.5 The Chief of the Division of Apprenticeship Standards, the California Apprenticeship Council, and the Interagency Advisory Committee on Apprenticeship shall…
- § 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…
- § 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…
- § 3073.9 (a) No building and construction trades apprenticeship program shall discriminate against any apprentice or applicant for apprenticeship on the basis of race,…
- § 3074 The preparation of trade analyses and development of curriculum for instruction, and the administration and supervision of related and supplemental instruction…
- § 3074.1 In compliance with the affirmative action requirements of California’s plan for equal opportunity in apprenticeship, school districts maintaining high schools,…
- § 3074.2 (a) For the purposes of this section: (1) “Career fair” means an event where multiple private businesses, government agencies, university representatives, or…
- § 3074.3 In providing related and supplemental instruction pursuant to Section 3074, and notwithstanding any provisions of the Education Code, the Superintendent of…
- § 3074.7 Notwithstanding any other provision of law, the governing board of a school district which offers classroom instruction in postgraduate and upgrading courses…
ARTICLE 2. Apprenticeship Programs §§ 3075–3092 · 28 sections
- § 3075 (a) An apprenticeship program may be administered by a joint apprenticeship committee, unilateral management or labor apprenticeship committee, or an…
- § 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…
- § 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…
- § 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…
- § 3075.7 Every building and construction trades industry apprenticeship program shall submit apprentice registration, change of address, graduation, and termination…
- § 3076 The function of a joint apprenticeship committee, when specific written authority is delegated by the parent organizations represented, shall be to establish…
- § 3076.3 Program sponsors shall establish selection procedures which specify minimum requirements for formal education or equivalency, physical examination, if any,…
- § 3076.5 A program sponsor may provide in its selection procedures for an additional 10 points credit in the selection of veteran applicants for apprenticeship.…
- § 3077 The term “apprentice” as used in this chapter, means a person at least 16 years of age who has entered into a written agreement, in this chapter called an…
- § 3077.5 A program sponsor administering an apprenticeship program under this chapter shall not provide a maximum age for apprentices.
- § 3078 Every apprentice agreement entered into under this chapter shall directly, or by reference, contain: (a) The names of the contracting parties. (b) The date of…
- § 3078.5 (a) The term of apprenticeship may be measured either through the completion of the industry standard for hours of on-the-job learning and related and…
- § 3079 Every apprentice agreement under this chapter shall be approved by the local joint apprenticeship committee or the parties to a collective bargaining…
- § 3080 (a) For the purpose of providing greater diversity of training or continuity of employment, any apprentice agreement made under this chapter may in the…
- § 3080.5 An apprentice registered in an approved apprenticeship program in any of the building and construction trades shall be employed only as an apprentice when…
- § 3081 Upon the complaint of any interested person or upon his or her own initiative, the administrator may investigate to determine if there has been a violation of…
- § 3082 (a) The determination of the administrator shall be in writing and sent by regular mail to the parties’ last known addresses, with proof of service in…
- § 3083 All findings of fact in a final determination or decision issued pursuant to Section 3082 shall be conclusive if supported by substantial evidence, and all…
- § 3084 Any party to an apprentice agreement aggrieved by final order, determination, or decision of the council issued pursuant to Section 3082, may maintain…
- § 3084.5 In any case in which a person or persons have willfully violated any of the laws, regulations, or orders governing apprenticeship programs, funding provided to…
- § 3085 No person shall institute any action for the enforcement of any apprentice agreement, or damages for the breach of any apprentice agreement, made under this…
- § 3086 Nothing in this chapter or in any apprentice agreement approved under this chapter shall operate to invalidate any apprenticeship provision in any collective…
- § 3088 If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the remainder of the chapter and the application of…
- § 3089 This chapter shall be known and may be cited as the Shelley-Maloney Apprentice Labor Standards Act of 1939, as amended.
- § 3090 The Division of Apprenticeship Standards shall investigate, approve or reject applications from establishments for apprenticeship and other on-the-job…
- § 3091 Acceptance of an application for entrance into an apprenticeship training program shall not be predicated on the payment of any fee. Reasonable costs for…
- § 3091.5 Pursuant to Section 16370 of the Government Code, there is hereby authorized in the State Treasury a Special Deposit Fund Account, which shall consist of…
- § 3092 A successful graduate of a training program in a particular apprenticeable occupation of a vocational education program meeting the standards of the California…
ARTICLE 3. Other On-The-Job Training Programs § 3093 · 1 section
- § 3093 (a) This section applies only when voluntarily requested by the parties to a collective bargaining agreement or by an employer, an employer’s association, or a…
ARTICLE 4. Preapprenticeship Programs § 3100 · 1 section
- § 3100 (a) On or before January 1, 2019, the Division of Apprenticeship Standards shall develop a process to approve preapprenticeship programs for purposes of…
ARTICLE 5. Apprenticeship Innovation Funding Program §§ 3110–3112.1 · 5 sections
- § 3110 (a) The provisions of this article shall be operative and implemented only upon appropriation of sufficient funds by the Legislature for that purpose. This…
- § 3111 (a) The division may provide apprenticeship innovation funding support funds for the organizing, running, and sustaining of, an apprenticeship program that is…
- § 3111.1 Eligible activities for support funds shall include, but are not limited to, all of the following: (a) Employer outreach, support, onboarding, and management.…
- § 3112 (a) The division may provide apprenticeship innovation funding training funds either directly to public educational institutions for the training of…
- § 3112.1 Eligible activities for apprenticeship innovation funding training funds shall include, but are not limited to, all of the following: (a) Development of…
ARTICLE 6. Youth Apprenticeship §§ 3120–3122.4 · 7 sections
- § 3120 Youth apprenticeship shall be a key priority for the Division of Apprenticeship Standards. Youth apprenticeship will complement the state’s existing registered…
- § 3121 (a) The Chief of the Division of Apprenticeship Standards shall convene a committee to develop recommendations to the division on the expansion of youth…
- § 3122 (a) The Youth Apprenticeship Grant Program is hereby established, to be administered by the division, for the purposes of awarding grant funds to eligible…
- § 3122.1 Grant funds may be used for eligible purposes that include, but are not limited to: (a) Instruction and training of apprentices and preapprentices. (b) Costs…
- § 3122.2 The grant proposal shall include, but is not limited to, the following information: (a) Knowledge, experience, and capacity to provide services to the target…
- § 3122.3 The Youth Apprenticeship Grant Program shall have an explicit focus on equity and aims to ensure that race, income, geography, gender, citizenship status,…
- § 3122.4 (a) The division shall monitor and audit grant recipients to ensure compliance with policies, procedures, and requirements for use of the grant funds. Grant…