0 chapters · 949 sections in this title.
Lab. Code § 2787 Section 2787
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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 provisions or applications that can be given effect without the invalid provision or application.
Lab. Code § 2800 Section 2800
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An employer shall in all cases indemnify his employee for losses caused by the employer’s want of ordinary care. (Enacted by Stats. 1937, Ch. 90.)
Lab. Code § 2800.1 Section 2800.1
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An employer shall in all cases take reasonable and necessary precautions to safeguard musical instruments and equipment, belonging to an employed musician, located on premises under the employer’s control. In the event such equipment is damaged or stolen as a result of the employ…
Lab. Code § 2800.2 Section 2800.2
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(a) Any employer, employee association, or other entity otherwise providing hospital, surgical, or major medical benefits to its employees or members is solely responsible for notification of its employees or members of the conversion coverage made available pursuant to Part 6.1 …
Lab. Code § 2800.3 Section 2800.3
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Any employer, other than a self-insurer, employee association or other entity otherwise providing hospital, surgical or major medical benefits to its employees or members shall also make available conversion coverage which complies with the provisions of Part 6.1 (commencing with…
Lab. Code § 2801 Section 2801
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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 employment as such, or for death resulting from personal injury so sustained, in which recovery is sought upon the ground o…
Lab. Code § 2802 Section 2802
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(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 his or her duties, or of his or her obedience to the directions of the employer, even though unlawful, unless the employ…
Lab. Code § 2802.1 Section 2802.1
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(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 direct patient care or an applicant for direct patient care employment. Those expenses or costs shall constitute a necessary…
Lab. Code § 2802.2 Section 2802.2
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(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 discharge of their duties. This subdivision is declarative of existing law. (b) (1) With respect to construction trucking,…
Lab. Code § 2803 Section 2803
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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 any officer, agent, a servant of the employer, the personal representative of such employee shall have a right of action …
Lab. Code § 2803.4 Section 2803.4
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(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 exception for other coverage where the other coverage is entitlement to Medi-Cal benefits under Chapter 7 (commencing with Sect…
Lab. Code § 2803.5 Section 2803.5
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Any employer who offers health care coverage, including employers and insurers, shall comply with the standards set forth in Chapter 7 (commencing with Section 3750) of Part 1 of Division 9 of the Family Code and Section 14124.94 of the Welfare and Institutions Code.
Lab. Code § 2804 Section 2804
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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 article shall not deprive any employee or his personal representative of any right or remedy to which he is entitled under the…
Lab. Code § 2806 Section 2806
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(a) No employer, whether private or public, shall discontinue coverage for medical, surgical, or hospital benefits for employees unless the employer has notified and advised all covered employees in writing of any discontinuation of coverage, inclusive of nonrenewal and cancellat…
Lab. Code § 2807 Section 2807
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(a) All employers, whether private or public, shall provide notification to former employees, along with the notification required by federal law pursuant to the Consolidated Omnibus Budget Reconciliation Act of 1985 (Public Law 99-272), of the availability of continued coverage …
Lab. Code § 2808 Section 2808
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(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 all benefits provided under employer-sponsored health coverage, including, but not limited to, provider information for …
Lab. Code § 2808.1 Section 2808.1
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(a) Commencing January 1, 2023, the Department of Industrial Relations shall post on its internet website information regarding abortion and contraception benefits or services that may be available at no cost through the California Reproductive Health Equity Program to employees …
Lab. Code § 2809 Section 2809
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(a) Any employer, whether private or public, that offers its employees an employer-managed deferred compensation plan shall provide to each employee, prior to the employee’s enrollment in the plan, written notice of the reasonably foreseeable financial risks accompanying particip…
Lab. Code § 2810 Section 2810
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(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, port drayage motor carrier, or warehouse contractor, if the person or entity knows or should know that the contract or a…
Lab. Code § 2810.3 Section 2810.3
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(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 within its usual course of business from a labor contractor. (B) “Client employer” does not include any of the following: (…
Lab. Code § 2810.4 Section 2810.4
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(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 drayage services either as an independent contractor or an employee driver. (2) (A) “Customer” means a business entity, reg…
Lab. Code § 2810.5 Section 2810.5
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(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 employment-related information to the employee, containing the following information: (A) The rate or rates of pay and basis there…
Lab. Code § 2810.7 Section 2810.7
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(a) An employer shall notify an employee who participates in a flexible spending account, including, but not limited to, a dependent care flexible spending account, a health flexible spending account, or adoption assistance flexible spending account, of any deadline to withdraw f…
Lab. Code § 2810.8 Section 2810.8
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(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 aircraft including appurtenant area used or intended for airport buildings, facilities, as well as rights-of-way together wi…
Lab. Code § 2811 Section 2811
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This article shall be known and may be cited as the Employment Acceleration Act of 2011.
Lab. Code § 2812 Section 2812
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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 shall require an employer to use an electronic employment verification system, including under the following circumstances: …
Lab. Code § 2813 Section 2813
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For purposes of this article, the following terms have the following meanings: (a) “Electronic employment verification system” means an employment verification system that allows employers to electronically verify workers’ employment authorization with the federal government. Thi…
Lab. Code § 2814 Section 2814
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(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 use the federal electronic employment verification system known as E-Verify to check the employment authorization status …
Lab. Code § 2850 Section 2850
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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 shall use at least slight care and diligence therein. (Enacted by Stats. 1937, Ch. 90.)
Lab. Code § 2851 Section 2851
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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 undertakes a gratuitous service may relinquish it at any time. (Enacted by Stats. 1937, Ch. 90.)
Lab. Code § 2852 Section 2852
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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 that he will not do so. (Enacted by Stats. 1937, Ch. 90.)
Lab. Code § 2853 Section 2853
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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 to protect the interest of the employer. (Enacted by Stats. 1937, Ch. 90.)
Lab. Code § 2854 Section 2854
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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 employed. (Enacted by Stats. 1937, Ch. 90.)
Lab. Code § 2855 Section 2855
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(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 (commencing with Section 3070), may not be enforced against the employee beyond seven years from the commencement of servic…
Lab. Code § 2856 Section 2856
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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 impossible or unlawful, or would impose new and unreasonable burdens upon the employee. (Enacted by Stats. 1937, Ch. 90.)
Lab. Code § 2857 Section 2857
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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 impracticable or manifestly injurious to his employer to do so. (Enacted by Stats. 1937, Ch. 90.)
Lab. Code § 2858 Section 2858
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An employee is bound to exercise a reasonable degree of skill, unless his employer has notice, before employing him, of his want of skill. (Enacted by Stats. 1937, Ch. 90.)
Lab. Code § 2859 Section 2859
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An employee is always bound to use such skill as he possesses, so far as the same is required, for the service specified. (Enacted by Stats. 1937, Ch. 90.)
Lab. Code § 2860 Section 2860
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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, whether acquired lawfully or unlawfully, or during or after the expiration of the term of his employment. (Enacted by Stats. …
Lab. Code § 2861 Section 2861
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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, without demand, give prompt notice to his employer of everything which he receives for the account of the employer. (Enac…
Lab. Code § 2862 Section 2862
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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 until demanded, and is not at liberty to send it to the employer from a distance, without demand, in any mode involving grea…
Lab. Code § 2863 Section 2863
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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 business of the employer. (Enacted by Stats. 1937, Ch. 90.)
Lab. Code § 2864 Section 2864
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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 directly responsible to the principal. (Enacted by Stats. 1937, Ch. 90.)
Lab. Code § 2865 Section 2865
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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 the employee if the service is not gratuitous, for the value of the services only as are properly rendered. (Enacted by …
Lab. Code § 2866 Section 2866
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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 can rightly perform without the aid of the deceased person, but not otherwise. (Enacted by Stats. 1937, Ch. 90.)
Lab. Code § 2870 Section 2870
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(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 or her employer shall not apply to an invention that the employee developed entirely on his or her own time without using…
Lab. Code § 2871 Section 2871
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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 shall be construed to forbid or restrict the right of an employer to provide in contracts of employment for disclosure, …
Lab. Code § 2872 Section 2872
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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 rights in any invention to his or her employer, the employer must also, at the time the agreement is made, provide a written n…
Lab. Code § 2920 Section 2920
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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 employee’s legal incapacity to act as such. (Enacted by Stats. 1937, Ch. 90.)
Lab. Code § 2921 Section 2921
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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 following: (a) The death of the employer. (b) The legal incapacity of the employer to contract. (Enacted by Stats. 1937, Ch.…