The California Labor Code , better known as the "Labor Code", is a statute of civil law for the State of California. This code consists of laws governing the general obligations and rights of people within the jurisdiction of the State of California.
"The California Labor Code promotes and develops the welfare of California wage earners, to improve their working conditions and to advance their opportunities for profitable jobs."
Although the Code of Labor is dedicated to labor law, other codifications such as the Family Code and Insurance Code also contain employment laws. Parallelism exists between the provisions of the Labor Code and the provisions of the California Government Code. Labor Code in English. The Labor Standards Enforcement Division released the English and Spanish pre-print information telephone lines covering frequently asked topics.
Video California Labor Code
California Labor Code Division
Division 1. Department of Industrial Relations
This division discusses the roles and parameters by which the California Department of Industrial Relations operates. One of the functions of the Department is to cultivate, promote, and develop the welfare of the wage earners in California, to improve their working conditions, and to advance their chances of finding profitable employment.
Division 2. Employment Regulation and Supervision
This division regulates employee compensation, what time they work, employee privileges and immunities, agricultural employment, employee wages and working conditions, talent agency licensing, public works and public agencies, unemployment assistance in public works, car washes, health conditions and sanitation in employment, home industry jobs, garment manufacturing, sheep grazing and general action of the public prosecutor.
Division 3. Employment Relationships
This division governs the relationships between employers and employees, their employment contracts, employee liabilities, employee discovery, termination of employment and employee inquiry.
Division 4. Workers' Compensation and Insurance
Division 4 (Sections 3200 to 6002) regulates workers 'compensation for employees of injured private employers while employed, as well as workers' compensation insurance. Interpretations of sections in the 4th Division have been widely demanded among employers and employees, and thus, there is a substantial body of legal matters interpreting this Division.
In accordance with the procedures set forth in Section 4 of Division 4, a dispute of California workers' compensation is heard before the Workers Compensation Committee (WCAB), which inherits the adjudication functions of the Industrial Accident Commission. The IAC was originally made too small to hear all disputes directly, thus pointing to the referee who actually conducted the hearing on his behalf, and then the IAC restricted himself to hearing the appeal of the referee's decision. Similarly, the WCAB today appoints a workers compensation judge who conducts an audience on his behalf at a hearing office operated by the Workers' Compensation Division of the Industrial Relations Department. The final order of the workers' compensation judge by default becomes WCAB's own act, unless a worker submits a "petition for review" (in other words, appeals to the Council to reconsider the judge's decision acting on its behalf).
Division 4.5. Workers' Compensation and Insurance: Non-Included State Employee
This division regulates the compensation of state employees if they are injured while working and workers compensation insurance.
Division 4.7. Retraining and Rehabilitation
This division organizes referrals of injured employees who may benefit from rehabilitation services and are retrained for other positions in the public service.
Division 5. Security and Employment
This division regulates conditions for a safe workplace. The Occupational Safety and Health Division (DOSH, also known as Cal/OSHA) obtains its legal authority from this Division. Many of DOSH's responsibilities include checking almost any elevator in California.
Maps California Labor Code
History
1911 ~
The voluntary workers compensation program was established in 1911. Also, the worker's compensation section was added to the state constitution. California's first law on worker safety issues was the Workers' Compensation, Insurance and Security Act of 1913.
1937 ~
The governor, Frank Merriam approved the Labor Code on April 24, 1937, and it was valid on August 27. Division V is based on the 1913 and 1917 laws. The addition of section 6508 empowers the Industrial Accident Commission to protect those who work in hazardous environments. Special safety sections on rail, buildings, mines and boats and ships are added. De Havilland's law was decodified from the old Civil Code into the Code of Labor.
1945 ~
The Industrial Security Division, one of eight divisions within the Industrial Relations Department of California, obtained the administration of the "Safety" provision of the Labor Code. Section 6604 was added in 1949 to prohibit the dismissal of employees who refused to work in hazardous environments. Section 6416 was added in 1963; employers who fail to provide a safe working environment and cause an employee's death can be penalized by one year in a county jail or a fine of up to $ 5,000.
1970 ~
The Occupational Safety and Health Act passed by Congress in 1970 enabled the country to develop their own plans. California submitted its plan on September 27, 1972. Then the California Occupational Safety and Health Act of 1973, Assembly Bill 150, came into force. In 1971, the Sylmar Tunnel explosion heightened people's attention to the effectiveness of the Code of Labor. In 1972, the Tom Carrell Memorial Tunnel and Mine Safety Act came into force. He added "Tunnel and Mine Security" to Division V of the Labor Code. On October 16, 1972, a highway bridge in Pasadena collapsed. Hearing was held. Then A.B 150 was introduced on 23 January 1973. It was put forward as an emergency law.
1975 ~
After Jerry Brown, Cesar Chavez's friend, became governor of California, three bills that had different ideas about the same subject came out: A.B. 1, sponsored by the Agricultural Workers Union; S.B. 308, by the Teamster; and S.B. 813, by Brown. The product of the debate and negotiation was the Alliance of Labor Relations of Alatorre-Zenovich-Dunlap-Berman in 1975, signed into law by Brown. It was California's first farm labor law.
1990 ~
The Exxon Valdez oil spill occurred on 24 March 1989. The California Refinery and Chemical Plant Worker Safety Act of 1990 added sections 7872 and 7873 to the Labor Code. On September 25, 1992, A.B. 2601 signed into law. It protects gays and lesbians from employment discrimination. California is the seventh country that adds sexual orientation to laws that prohibit employment discrimination.
2003 ~
The California Workers Employment and Care Adjustment Act (WARN) became effective in 2003, protecting a wider range of workers than the Federal WARN. The California Legislature enacted the 2004 Private Lawyer to assist workers in collecting fines on behalf of Labor and Labor Development Agency. Wage Prevention Act of 2011 (AB 469) is effective.
2013 ~
Effective January 1, 2013, section 980 prohibits companies from requesting access to job applicants or employee social media except in limited circumstances. By 2014, the minimum wage increases from $ 8.00 to $ 9.00 per hour. The Bill on Domestic Workers' Rights goes into effect.
Industry
Entertainment>
After the death of a teenage girl at the Kern County Fair in 1967, California decided to inspect amusement rides in 1968. Although the original version of the bill included a permanent amusement rides, the modified version did not. About 30 years later, in 1999, the Permanent Travel Safety Performance Safety Inspection Program was added to the Labor Code.
Computer
Freeing employees from overtime in the field of computer software is not too easy under section 515.5. The hourly payment rate requirement is not less than $ 36.00. However, trainees or unskilled persons may be excluded even if they meet all the requirements. Authors can be excluded. Actors who are eligible for filming purposes can be excluded.
Entertainment
While some states have no age limit for actors, California requires that babies be at least 15 days old to work as actors. California Child Actor's Bill protects children's players to protect some of their income. Due to tobacco restrictions, actors in Mad Men smoke herbal cigarettes instead.
Garment
Assembly Bill 633 issued in 1999 added section 2673.1 which "guarantees" wages for garment workers. Labor Code 2676.5 requires every person listed as a garment manufacturer to display its garment manufacturing name, address, and registration number at the front entrance of its business. Section 2676.55, added in 2013, adds civil penalties to it.
Restaurant
Although Article 351 prohibits entrepreneurs from collecting, receiving, or accepting any gratuities left for an employee by a patron, the issue of tip collection is judged by case. But more and more restaurants are adopting a no-tipping policy.
Effect
A study conducted in Los Angeles revealed that 29.7 percent of the sample L.A workers were paid less than the minimum wage during the previous workweek. The rate of overtime offense is 15.5 percent. The breaking of a meal break is 81.7 percent. The rate of breach of offense is 45.3 percent. Twelve percent of L.A's respondents did not complain about serious problems at work because they were afraid of losing their jobs. Studies show that half of the San Francisco Chinatown restaurant workers receive less than the minimum wage. Since 2009, investigators have found that 89 percent of more than 1,600 cases in the Southern California garment industry violate the Manpower Act; their immigrant workers are unaware of their rights or are reluctant to speak.
Quote
In 2013, the Labor Standards Enforcement Division of Labor Commissioners is cited by hygiene providers, restaurant owners, warehouses, public works contractors, medical supply providers, landscaping companies, holiday inns, garment manufacturers, hotels, adult care facilities, assisted life providers, garment contractors , chain of hospitals. Most quotes relate to wage issues in low-wage industries The report, "State Enforcement Division of Labor Standards," reveals that more than $ 3 million of unpaid minimum wage is valued in 2012, more than $ 13 million unpaid overtime paid in 2012, more than $ 51 million in civil punishment assessed in 2012 In 2013, Cal/OSHA cited a car company, chipping company, adhesive technology company, engineering company. Most excerpts are issued after the death of the worker.
May 13, 2013 Starbucks agreed to pay $ 3 million to settle a class action lawsuit accusing the company of several wage and hour offenses. Class Members of this classroom action settlement include a cafe maid, barista and shift supervisor working for the Starbucks' California location between December 2, 2007 and January 2013. The lawsuit was filed by a barista and shift supervisor in December 2008.
5 February 2013 The Ritz-Carlton Hotel Co. LLC will pay $ 2 million to approximately 1,500 former and current employees to end the overtime action. The lawsuit was started by a security guard in November 2011. The lawyer will get 30 percent, or $ 600,000.
January 11, 2012 Carwash workers won $ 1 million in repayments from eight times car wash for overtime, minimum wage, and lack of appropriate compensation issues.
October 12, 2011 Warehouse and Logistics The Main Impact failed to provide an appropriate wage statement to employees. Their fine exceeds a million dollars.
September 19, 2011 AutoZone agrees to form a $ 4.5 million class action settlement on wage and labor violations, but it denies any wrongdoing. Based on comments on the website, some employees did not make it through the claims process.
Featured Section
Compared to other countries, labor laws in California generally protect employees.
29,5 : The Governor will annually publish a proclamation declaring April 28 as Labor Day Commemoration.
202 : Employees who give notice stop 72 hours ahead must be paid in time to go. For telecomunication employees, employers typically need to arrange a final checking time or to dismiss employees directly.
227.3 : All unpaid paid vacations are payable when an employee is laid off. The rate is based on the final wage.
245 : California becomes the second state to charge sick leave. 511 : Employers can assign alternate work schedules that extend non-overtime non-overtime from 8 hours to 10 hours, but require at least two-thirds of affected employee approvals.
1171,5 : Undocumented immigrants are protected by Legal Labor. (Enacted in 2002)
1194 : Employees must not neglect their right to pay overtime.
3203 : The Injury Prevention and Illness Prevention Program, entered into force in 1991, requires employers to establish, implement and maintain effective Prevention and Injury Prevention Programs.
4658, 4660 : The terms of this Code of Labor depend on the American Medical Association Guidelines for the Evaluation of Permanent Impairment (5th Edition).
See also
- California Code
- California Law
- United States labor law
References
Source of the article : Wikipedia
202 : Employees who give notice stop 72 hours ahead must be paid in time to go. For telecomunication employees, employers typically need to arrange a final checking time or to dismiss employees directly.
227.3 : All unpaid paid vacations are payable when an employee is laid off. The rate is based on the final wage.
245 : California becomes the second state to charge sick leave. 511 : Employers can assign alternate work schedules that extend non-overtime non-overtime from 8 hours to 10 hours, but require at least two-thirds of affected employee approvals.
1171,5 : Undocumented immigrants are protected by Legal Labor. (Enacted in 2002)
1194 : Employees must not neglect their right to pay overtime.
3203 : The Injury Prevention and Illness Prevention Program, entered into force in 1991, requires employers to establish, implement and maintain effective Prevention and Injury Prevention Programs.
4658, 4660 : The terms of this Code of Labor depend on the American Medical Association Guidelines for the Evaluation of Permanent Impairment (5th Edition).
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