CHAPTER 2. Employer and Employee [2750. - 2930.]

Chapter 2 enacted by Stats. 1937, Ch. 90.

§§ 2750–2930 · 81 sections

1. 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…
2. 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…
3. 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…
4. 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…
5. 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…
6. 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…
7. 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…
8. 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…