Title LAB — California Lab. Code

An apprentice registered in an approved apprenticeship program in any of the building and construction trades shall be employed only as an apprentice when performing any construction work for an employer that is a party, individually or through an employer association, to any app…

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 the terms of an apprentice agreement, made under this chapter, and he or she may hold hearings, inquiries, and other proc…

(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 accordance with Sections 1013a and 2015.5 of the Code of Civil Procedure. (b) For complaints involving programs in the building a…

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 orders and decisions shall be prima facie lawful and reasonable.

Any party to an apprentice agreement aggrieved by final order, determination, or decision of the council issued pursuant to Section 3082, may maintain appropriate proceedings in the courts on questions of law. The final order, determination, or decision shall be conclusive if the…

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 apprenticeship programs and associated entities, applicants for apprenticeship, or apprentices registered under this cha…

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 chapter, unless all administrative remedies provided by this chapter have first been exhausted.

Nothing in this chapter or in any apprentice agreement approved under this chapter shall operate to invalidate any apprenticeship provision in any collective bargaining agreement between employers and employees setting up higher apprenticeship standards.

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 such provision to other persons and circumstances, shall not be affected thereby.

This chapter shall be known and may be cited as the Shelley-Maloney Apprentice Labor Standards Act of 1939, as amended.

The Division of Apprenticeship Standards shall investigate, approve or reject applications from establishments for apprenticeship and other on-the-job training, and for that purpose, may cooperate, or contract with, and receive reimbursements from the appropriate agencies of the …

Acceptance of an application for entrance into an apprenticeship training program shall not be predicated on the payment of any fee. Reasonable costs for expense incurred may be charged after an applicant has been accepted into the program.

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 moneys collected from the sale of instructional material to persons enrolled in any apprenticeship training program under this…

A successful graduate of a training program in a particular apprenticeable occupation of a vocational education program meeting the standards of the California State Plan for Vocational Education may receive credit toward a term of apprenticeship if the program is jointly establi…

(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 union, or its representative where there is no collective bargaining agreement. (b) This section shall not be construed …

(a) On or before January 1, 2019, the Division of Apprenticeship Standards shall develop a process to approve preapprenticeship programs for purposes of establishing eligibility for any state programs. (b) (1) A program seeking approval as a preapprenticeship program shall submit…

(a) The provisions of this article shall be operative and implemented only upon appropriation of sufficient funds by the Legislature for that purpose. This article applies only to programs that are not within the jurisdiction of the council established pursuant to Section 3070. (…

(a) The division may provide apprenticeship innovation funding support funds for the organizing, running, and sustaining of, an apprenticeship program that is not within the jurisdiction of the council established pursuant to Section 3070. To be eligible for support funds, an app…

Eligible activities for support funds shall include, but are not limited to, all of the following: (a) Employer outreach, support, onboarding, and management. (b) Recruiting, matching, and placing individuals into apprenticeships. (c) Support services for an apprentice, such as i…

(a) The division may provide apprenticeship innovation funding training funds either directly to public educational institutions for the training of apprentices, provided that an apprenticeship program is providing the training pursuant to a contract with the public educational i…

Eligible activities for apprenticeship innovation funding training funds shall include, but are not limited to, all of the following: (a) Development of courses. (b) Classroom instruction. (c) Equipment specifically for classroom training. (d) Instructor salaries. (e) Curriculum …

Youth apprenticeship shall be a key priority for the Division of Apprenticeship Standards. Youth apprenticeship will complement the state’s existing registered apprenticeship and preapprenticeship programs. The goals and objectives of the division in expanding youth apprenticeshi…

(a) The Chief of the Division of Apprenticeship Standards shall convene a committee to develop recommendations to the division on the expansion of youth apprenticeships in California. (b) The committee shall include representatives from youth, youth serving organizations, labor, …

(a) The Youth Apprenticeship Grant Program is hereby established, to be administered by the division, for the purposes of awarding grant funds to eligible applicants to provide funding for existing apprenticeship and preapprenticeship programs or to develop new apprenticeship and…

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 related to registration, design, and setting up the apprenticeship or preapprenticeship program or curriculum. (c) Project…

The grant proposal shall include, but is not limited to, the following information: (a) Knowledge, experience, and capacity to provide services to the target population. (b) Industries and career pathways targeted. (c) Target population that will be served. “Target population” in…

The Youth Apprenticeship Grant Program shall have an explicit focus on equity and aims to ensure that race, income, geography, gender, citizenship status, ability, and other demographics and student characteristics no longer predict the outcomes of California’s youth. To measure …

(a) The division shall monitor and audit grant recipients to ensure compliance with policies, procedures, and requirements for use of the grant funds. Grant recipients shall provide necessary data to the division for purposes of evaluating achievement of the goals and objectives …

Every employer except the state shall secure the payment of compensation in one or more of the following ways: (a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this state. (b) By securing from th…

As used in this article: (a) “Director” means the Director of Industrial Relations. (b) “Private self-insurer” means a private employer which has secured the payment of compensation pursuant to Section 3701. (c) “Trustees” means the Board of Trustees of the Self-Insurers’ Securit…

(a) The failure to secure the payment of compensation as required by this article by one who knew, or because of his or her knowledge or experience should be reasonably expected to have known, of the obligation to secure the payment of compensation, is a misdemeanor punishable by…

(a) Each year every private self-insuring employer shall secure incurred liabilities for the payment of compensation and the performance of the obligations of employers imposed under this chapter by renewing the prior year’s security deposit or by making a new deposit of security…

The director shall return to a private self-insured employer all individual security determined, with the consent of the Self-Insurers’ Security Fund, to be in excess of that needed to ensure the administration of the employer’s self insuring, including legal fees, and the paymen…

(a) If the director determines that a private self-insured employer has failed to pay workers’ compensation as required by this division, the security deposit shall be utilized to administer and pay the employer’s compensation obligations. (b) If the director determines the secur…

Where any employer requesting coverage under a new or existing certificate of consent to self-insure has had a period of unlawful uninsurance, either for an applicant in its entirety or for a subsidiary or member of a joint powers authority legally responsible for its own workers…

(a) As an alternative to each private self-insuring employer securing its own incurred liabilities as provided in Section 3701, the director may provide by regulation for an alternative security system whereby all private self-insureds designated for full participation by the dir…

(a) A certificate of consent to self-insure shall not be issued after January 1, 2013, to any of the following: (1) A professional employer organization. (2) A leasing employer, as defined in Section 606.5 of the Unemployment Insurance Code. (3) A temporary services employer, as …

(a) A certificate of consent to self-insure may be revoked by the director at any time for good cause after a hearing. Good cause includes, among other things, a recommendation by the Self-Insurers’ Security Fund to revoke the certificate of consent, the impairment of the solvenc…

(a) No person, firm, or corporation, other than an insurer admitted to transact workers’ compensation insurance in this state, shall contract to administer claims of self-insured employers as a third-party administrator unless in possession of a certificate of consent to administ…

The director, in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, may adopt, amend, and repeal rules and regulations reasonably necessary to carry out the purposes of Section 129 and Article 1 (commencing with …

(a) All self-insured employers shall file a self-insurer’s annual report in a form prescribed by the director. Public self-insured employers shall provide detailed information as the director determines necessary to evaluate the costs of administration, workers’ compensation bene…

Failure to submit reports or information as deemed necessary by the director to implement the purposes of Section 3701, 3702, or 3702.2 may result in the assessment of a civil penalty as set forth in subdivision (a) of Section 3702.9. Moneys collected shall be used for the admini…

(a) (1) The cost of administration of the public self-insured program by the Director of Industrial Relations shall be borne by the Workers’ Compensation Administration Revolving Fund. (2) The cost of administration of the private self-insured program by the Director of Industria…

(a) The director shall establish an audit program addressing the adequacy of estimates of future liability of claims for all private self-insured employers, and shall ensure that all private self-insured employers are audited within a three-year cycle by the Office of Self Insura…

A certificate of consent to administer claims of self-insured employers may be revoked by the director at any time for good cause after a hearing. Good cause includes, but is not limited to, the violation of subsection (1), (2), (3), (4), or (5) of subdivision (a) of Section 3702…

(a) Employers who have ceased to be self-insured employers shall discharge their continuing obligations to secure the payment of workers’ compensation that accrued during the period of self-insurance, for purposes of Sections 3700, 3700.5, 3706, and 3715, and shall comply with al…

(a) In addition to remedies and penalties otherwise provided for a failure to secure the payment of compensation, the director may, after a determination that an obligation created in this article has been violated, also enter an order against any self-insured employer, including…

So long as the certificate has not been revoked, and the self-insurer maintains on deposit the requisite bond or securities, the self-insurer shall not be required or obliged to pay into the State Compensation Insurance Fund any sums covering liability for compensation excepting …

The Self-Insurers’ Security Fund or the surety making payment of compensation hereunder shall have the same preference over the other debts of the principal or his or her estate as is given by law to the person directly entitled to the compensation.

If any employer fails to secure the payment of compensation, any injured employee or his dependents may bring an action at law against such employer for damages, as if this division did not apply.