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54 Cards in this Set

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Labor Code Section 515.5 a3
Adjust hourly rate for SW engineers
Labor Code Section 201.3
Temp employees should be paid at least weekly. If assignment ends during the week, final wages due at the next regularly scheduled pay period
Assembly Bill 17
CA contracts of $100k+ must offer same benefits to domestic partners as spouses
Assembly Bill 2208
CA Insurance Equity Act- CA Insurance Providers & HMOs must offer same benefits to domestic partners as spouses
CA-COBRA
CA Continuation Benefits Replacement Act, 2-19 EE covered by health insurance but not COBRA provides continuous coverage to EE and dependents
Labor Code Section 2806.2
Orgs must offer COBRA extension to retirees and their beneficiaries up to 5 yrs from age 60-65yrs & worked for 5+yrs w/ Co.
Health & Safety Code Section 1373.631b2
LCS 2806.2 applies only to those turning 60 before Jan 1 2005
CA Prop 215
Compassionate Use Act 1996- Legal to use marijuana for medical use
Controlled Substance Act
Prohibits manufacture or possession of marijuana
COPPA
CA Online Privacy Protection Act- Requires websites publish privacy policy on how visitors info stored, use, disclosed
Labor Code Section 432.7
Prohibits Co from asking job applicant/ EE about arrest that didn't lead to conviction, pretrial or post trial diversion program
Labor Code Section 432.8
Prohibits Co from asking about convictions for minor marijuana offenses older than 2yrs
ICRAA
Investigative & Consumer Reporting Agencies Act- Applicants must consent to background check, give proper notice & give applicant copy of report
CCRAA
Consumer Credit Reporting Agencies Act- Similar state law as ICRAA
Labor Code Section 1051
Prohibits Co from requiring fingerprints or photographs as condition of employment if shared w/ 3rd party and could have negative impact on applicant
Disposal of Consumer Report Information & Records Rule
Co's must properly dispose of consumer reports/ records that can ID a person to reduce risk of ID theft or consumer harm
Labor Code Section 1285-1312&1390&1399
Child labor laws subject to civil penalties from $500- $10,000 as well as criminal penalties
29 CFR 570.50
Prohibits minors under 18yrs unless they've completed a bona fide course of training in that occupation
FC 7050
Emancipated minors subject to same CA child labor laws Except that they may apply for work permit w/out parents permission
Form B1-1
Permit to Employ & Work form issued by CA Dept of Education for minors under 18yrs
CA Code of Regulations Title 22
Guidelines for EDD to follow when administering unemployment insurance
Unemployment Insurance Code Section 629 & 656
Certain services are excluded from UI coverage
Form DE 34
New Employee Registry form to be completed w/ 20 days from start
Form DE 542
Report of Independent Contrators Report for contractors earning $600+ w/in 12 months cycle per UI Code Section 1088.8
Unemployment Insurance Code Section 1088.8
Employee is entering into contract with for payments where aggregate = or more than $600
AND
IC (Independent Contractor) is a service provider NOT employee
Unemployment Insurance Code Section 675
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
Labor Code Section 3353
Defines IC as any person who renders service for a specified recompense for a specified result
Form DE 1870
EDD provides form to Company requesting a determination for state tax purpose
Labor Code Section 2854
EE use ordinary care & diligence when performing work for Co
Labor Code Section 2853
Employee great care and diligence to protect the interest of the employer
Labor Code Section 2856
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
Labor Code Section 2860
Everything Employee acquires while on the job except compensation belongs to Employer whether acquired lawfully or unlawfully
Labor Code Section 2863
Employee requires Employe who has any business to transact on own account similar to Employer business shall always give preference to Employer
Penal Code 499c
Crime for an Employee to steal trade secrets
Penal Code 530.5
Crime for an Employee to willfully obtain "personal identifying information" and use it unlawfully
CA Business & Professions Code 16600
Every contract prohibiting or restraining a profession, trade or business is void- Favors mobility of Labor/ Right to Earn a Living
CA Business & Professions Code 17200
Defines Unfair Competition: Any unlawful, unfair or fraudulent business act or practice and unfair, deceptive, untrue or misleading advertising
Penal Code 499c
Stealing trade secrects is a crime Up to 1 yr jail Up to $5000 in fines OR both
Uniform Trade Secrets Act
Protects trade secrets regardless of NDA/ non-compete
Labor Code Section 2870
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
Labor Code Section 2922
At-will Employment/ An employment having no specified term may be terminated at the will of either party.
Labor Code Section 1101
Company can not prohibit EE from participating in politics, run for office, coerce or influence or threaten for a political course or action
Labor Code Section 1102
Company can not coerce or influence or threaten for a political course or action
Labor Code Section 970
Company prohibited from using misrepresentation to induce a person to leave employment. Criminal penalties, Jail up to 6 months, Civil actions w/ 2x damages
Lactation Accommodation
Each violation fine $100
Labor Code Section 12945
Employer can't refuse to transfer pregnant female temporarily to less strenuous or hazardous position for duration of preg. Reasonable accomodation
FEHA Amendment
Co's w/ 5+ EE cannot limit or prohibit use of any language unless can justify as a business neccesity bonafide
Labor Code Section 1040
Employee Literacy Act for Co's with 25+ EE
Labor Code Section 1044
Employee Literacy Act
Labor Code Section 432.2
Co cannot demand polygraph as condition of employment
Labor Code Section 2802
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
Private Attorneys General Act
PAGA
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
CA Constituition Article 1 Declaration of Rights Section 1
Everyone has inalienable rights
CA Constituition Article 1 Declaration of Rights Section 13
Protects from search and seizure