Labor Code Law

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Labor Code Section 515.5 a3

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Adjust hourly rate for SW engineers

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Labor Code Section 201.3

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Temp employees should be paid at least weekly. If assignment ends during the week, final wages due at the next regularly scheduled pay period

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Assembly Bill 17

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CA contracts of $100k+ must offer same benefits to domestic partners as spouses

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Assembly Bill 2208

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CA Insurance Equity Act- CA Insurance Providers & HMOs must offer same benefits to domestic partners as spouses

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CA-COBRA

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CA Continuation Benefits Replacement Act, 2-19 EE covered by health insurance but not COBRA provides continuous coverage to EE and dependents

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Labor Code Section 2806.2

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Orgs must offer COBRA extension to retirees and their beneficiaries up to 5 yrs from age 60-65yrs & worked for 5+yrs w/ Co.

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Health & Safety Code Section 1373.631b2

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LCS 2806.2 applies only to those turning 60 before Jan 1 2005

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CA Prop 215

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Compassionate Use Act 1996- Legal to use marijuana for medical use

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Controlled Substance Act

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Prohibits manufacture or possession of marijuana

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COPPA

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CA Online Privacy Protection Act- Requires websites publish privacy policy on how visitors info stored, use, disclosed

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Labor Code Section 432.7

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Prohibits Co from asking job applicant/ EE about arrest that didn't lead to conviction, pretrial or post trial diversion program

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Labor Code Section 432.8

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Prohibits Co from asking about convictions for minor marijuana offenses older than 2yrs

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ICRAA

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Investigative & Consumer Reporting Agencies Act- Applicants must consent to background check, give proper notice & give applicant copy of report

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CCRAA

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Consumer Credit Reporting Agencies Act- Similar state law as ICRAA

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Labor Code Section 1051

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Prohibits Co from requiring fingerprints or photographs as condition of employment if shared w/ 3rd party and could have negative impact on applicant

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Disposal of Consumer Report Information & Records Rule

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Co's must properly dispose of consumer reports/ records that can ID a person to reduce risk of ID theft or consumer harm

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Labor Code Section 1285-1312&1390&1399

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Child labor laws subject to civil penalties from $500- $10,000 as well as criminal penalties

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29 CFR 570.50

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Prohibits minors under 18yrs unless they've completed a bona fide course of training in that occupation

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FC 7050

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Emancipated minors subject to same CA child labor laws Except that they may apply for work permit w/out parents permission

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Form B1-1

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Permit to Employ & Work form issued by CA Dept of Education for minors under 18yrs

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CA Code of Regulations Title 22

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Guidelines for EDD to follow when administering unemployment insurance

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Unemployment Insurance Code Section 629 & 656

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Certain services are excluded from UI coverage

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Form DE 34

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New Employee Registry form to be completed w/ 20 days from start

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Form DE 542

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Report of Independent Contrators Report for contractors earning $600+ w/in 12 months cycle per UI Code Section 1088.8

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Unemployment Insurance Code Section 1088.8

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Employee is entering into contract with for payments where aggregate = or more than $600
AND
IC (Independent Contractor) is a service provider NOT employee

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Unemployment Insurance Code Section 675

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Defines employer as any employing unit which for some portion of the day w/in current calendar yr w/ 1+ EE and pays wages to EE $100+ during calendar quarter

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Labor Code Section 3353

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Defines IC as any person who renders service for a specified recompense for a specified result

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Form DE 1870

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EDD provides form to Company requesting a determination for state tax purpose

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Labor Code Section 2854

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EE use ordinary care & diligence when performing work for Co

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Labor Code Section 2853

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Employee great care and diligence to protect the interest of the employer

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Labor Code Section 2856

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Employee shall substantially comply with all the directions of his employer concerning the service on which engaged except where obedience is illegal/ impose burden on Co

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Labor Code Section 2860

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Everything Employee acquires while on the job except compensation belongs to Employer whether acquired lawfully or unlawfully

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Labor Code Section 2863

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Employee requires Employe who has any business to transact on own account similar to Employer business shall always give preference to Employer

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Penal Code 499c

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Crime for an Employee to steal trade secrets

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Penal Code 530.5

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Crime for an Employee to willfully obtain "personal identifying information" and use it unlawfully

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CA Business & Professions Code 16600

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Every contract prohibiting or restraining a profession, trade or business is void- Favors mobility of Labor/ Right to Earn a Living

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CA Business & Professions Code 17200

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Defines Unfair Competition: Any unlawful, unfair or fraudulent business act or practice and unfair, deceptive, untrue or misleading advertising

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Penal Code 499c

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Stealing trade secrects is a crime Up to 1 yr jail Up to $5000 in fines OR both

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Uniform Trade Secrets Act

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Protects trade secrets regardless of NDA/ non-compete

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Labor Code Section 2870

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Invention assignment is void, unenforcable and against public policy if it's used to take invention created by EE on their own time not using Co's tools or resources

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Labor Code Section 2922

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At-will Employment/ An employment having no specified term may be terminated at the will of either party.

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Labor Code Section 1101

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Company can not prohibit EE from participating in politics, run for office, coerce or influence or threaten for a political course or action

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Labor Code Section 1102

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Company can not coerce or influence or threaten for a political course or action

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Labor Code Section 970

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Company prohibited from using misrepresentation to induce a person to leave employment. Criminal penalties, Jail up to 6 months, Civil actions w/ 2x damages

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Lactation Accommodation

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Each violation fine $100

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Labor Code Section 12945

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Employer can't refuse to transfer pregnant female temporarily to less strenuous or hazardous position for duration of preg. Reasonable accomodation

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FEHA Amendment

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Co's w/ 5+ EE cannot limit or prohibit use of any language unless can justify as a business neccesity bonafide

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Labor Code Section 1040

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Employee Literacy Act for Co's with 25+ EE

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Labor Code Section 1044

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Employee Literacy Act

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Labor Code Section 432.2

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Co cannot demand polygraph as condition of employment

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Labor Code Section 2802

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EE entitled to reimbursement for work realted costs and expenses; bank fees for direct deposit, legal costs re; employment rights, car insurance CAN NOT WAIVE RIGHT

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Private Attorneys General Act
PAGA

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Provides EE the right to bring lawsuits in CA courts based on EE Labor Code rights- EE bring own direct legal actions to enforce their rights

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CA Constituition Article 1 Declaration of Rights Section 1

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Everyone has inalienable rights

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CA Constituition Article 1 Declaration of Rights Section 13

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Protects from search and seizure