Labor Code 101 for Public Agencies

Size: px

Start display at page:

Download "Labor Code 101 for Public Agencies"

Cody Pierce
5 years ago
Views:

1 Labor Code 101 for Public Agencies

2 TABLE OF CONTENTS 4-17 S SECTION 1 Assignment of Claims to Labor Commissioner and Division of Labor Standards Enforcement Assignment of Claims Discharge or Discrimination Against Employee or Applicant; Reinstatement and Reimbursement or Employment Entitlement for Applicant: Severability; Applicability Persons Allegedly Discharged or Otherwise Discriminated Against in Violation of Law; Filing of Complaint; Investigation; Report; Remedies; Dismissal; Appeals SECTION 2 Workers Compensation Anti-Discrimination Statute a. Discrimination Against Workers Injured in Course of Employment or Testifying before Appeals Board; Penalties SECTION 3 Labor Code Sections Regarding Payment of Wages That DO NOT Apply to Public Agencies Public Employees Definitions Immediate Payment of Wages upon Discharge or Layoff; Treatment of Related Benefits Temporary Services Employers; Definitions; Time for Payment of Employee Wages; Penalties Immediate Payment of Wages upon Resignation; Treatment of Related Benefits Failure to Make Payment within Required Time; Penalty; Employee Avoiding Payment; Limitation of Actions Payment of Wages or Fringe Benefits with Bad Check; Penalty Failure of Bonding Company to Pay Verified Claim for Wages Semimonthly Payments; Exceptions a. Employees of Several Employers; Plan for Central Place of Payment; Notice to Labor Commissioner b. Weekly Payments c. Semimonthly Payments; Exception of Certain Executive, Administrative or Professional Services Employees of Vehicle Dealers; Commission Wages; Monthly Payment Executive, Administrative, and Professional Employees Compensating Time Off in Lieu of Overtime Compensation; Limits Agricultural and Domestic Employment; Payment Periods Agricultural Employees; Payment Period and Dates Payment of Undisputed Amount; Failure to Pay Determined Amount; Treble Damages Execution of Release of Claim or Right on Account of Wages Due Posting of Notice of Regular Pay Days Place of Payment Payment in Event of Strike Civil Penalty for Failure to Make Payments; Action for Recovery; Disposition of Money Recovered Actions to Recover Civil Penalties; Fees for Service of Summons; Joinder of Causes of Action; Demand for Payment Violations; Misdemeanor Refusal to Make Payment; False Denial of Amount or Validity of Wages; Misdemeanor Enforcement Authority of District Attorney and Wage Claimant Actions for Nonpayment of Wages, Fringe Benefits, or Health and Welfare or Pension Fund Contributions; Award of Attorney s Fees to Prevailing Party; Application of Section Actions for Nonpayment of Wages; Award of Interest iv

3 219. More Frequent and Larger Payments; Private Agreements in Violation of Provisions Itemized Statements; Contents; Records; Inspection of Records; Compliance with Inspection Request; Limitations of Applicant (i) DOES Apply to Public Agencies Civil Penalties; Itemized Statements by Employers; Inadvertent Mistakes Recovery Period Defined; Mandated Meal, Rest, or Recovery Periods; Requirement to Work Prohibited; Application of Section Accommodation of Employee in Alcohol or Drug Rehabilitation Program; Construction of Chapter Safeguarding Employee Privacy Compensation Not Required; Use of Sick Leave Complaints by Employees; Applicable Law SECTION 4 Labor Code Sections Regarding Payment of Wages That DO Apply to Public Agencies Prohibited Forms of Payment; Instruments Protested or Dishonored; Effect of Notice Exceptions Place of Prosecution for Illegal Form of Payment Public Employees Repayment of Wages to Employer Withholding of Part of Wage Cost of Pre-Employment Physical Examination or Physical Examination Required by Law Payment of Less than Statutory or Contractual Wage Scale Authorized Deductions Government Code Government Code Violations; Misdemeanor Unlawful Withholding of Wages; Civil Penalty, Action for Recovery; Disposition of Money Recovered Unlawful Actions Regarding Willful Misclassification of Individual as Independent Contractor; Civil Penalty; Violation of Licensed Contractor; Display of Notice; Issuance of Determination by Labor Commissioner; Effect on Successor Entities Failure to Remit Withholdings from Wages; Failure to Make Agreed Payments to Health or Welfare Fund, Pension Fund, Vacation Plan, or Other Fund or Plan; Criminal Penalties; Disposition of Recovered Withholdings Vested Vacation Wages; Payment upon Termination Labor Commissioner s Jurisdiction to Enforce Payment of Wages SECTION 5 Jury or Witness Duty, Judicial Proceedings and Legal or Remedial Actions by Domestic Violence or Sexual Assault Victims Jury or Witness Duty; Legal Actions by Domestic Violence or Sexual Assault Victims; Right to Time Off; Reinstatement and Reimbursement; Misdemeanor; Right to File Complaint with Division of Labor Standards Enforcement Employers with 25 or More Employees; Domestic Violence or Sexual Assault Victims; Right to Time Off Victims of Crime; Work Absences for Judicial Proceedings; Covered Employees SECTION 6 Time Off for Emergency Duties as Voluntary Firefighter, Reserve Police Officer or Emergency Rescue Personnel Volunteer Firefighter; Reserve Peace Officer; Emergency Rescue Personnel; Time Off; Discrimination Volunteer Firefighter; Leaves of Absence for Training v

4 SECTION 7 Victim of Certain Crimes; Right to Time Off Discrimination or Retaliation Against Victims of Certain Crimes Prohibited; Conditions for Taking Time Off; Reinstatement or Reimbursement; Filing of Complaint SECTION 8 Time Off for Required School Appearances or to Participate in School or Day Care Activities Discharge or Discrimination against Employee for Taking Time Off to Appear in School on Behalf of Child Discharge of or Discrimination against Employee for Taking Time Off for Child-Related Activities; Use of Vacation, Personal Leave, Compensatory Time Off or Time Off without Pay; Documentation of Participation; Reinstatement and Reimbursement SECTION 9 Costs of Physical Examination; Disclosure of Wages and Working Conditions Physical Examination for Driver s License Required in Employment; Payment of Costs Amount of Wages; Prohibition of Sanctions Against Employee Disclosure Working Conditions; Prohibition of Sanctions Against Employee Disclosure SECTION 10 Use of Sick Leave Sick Leave; Use to Attend to Illness in Family Sick Leave to Attend to Illness in Family; Employer Absence Control Policy; Legal and Equitable Relief Paid Sick Leave Paid Sick Leave; Definitions Paid Sick Days Employer Provided Sick Days; Employee Request; Replacement Workers; Accrued Sick Days Display of Poster; Contents Records Documenting Hours Worked and Paid Sick Days Accrued and Used; Access to Records SECTION 11 Copies of Employment Documents Delivery of Copy of Instrument to Employee SECTION 12 Polygraphs, Disclosure of Arrests and Employee Recordings Penal Code Voice Prints or Other Voice Stress Patterns; Use of Systems to Record or Examine Without Consent; Damages Polygraph or Lie Detector Test as Condition of Employment; Advice of Rights Unlawful Terms and Conditions Disclosure of Arrest or Detention Not Resulting in Conviction, or Information Concerning Referral or Participation in Diversion Programs, or Conviction Judicially Dismissed or Sealed; Disclosure of Information Related to Arrest, Detention, Processing, Diversion, Supervision, Adjudication, or Court Disposition While Subject to Juvenile Court Law; Violations; Remedies; Exception; Health Facility Applicants; Prospective Concessionaires Limitations on Employers and Penalties for Certain Convictions Prohibition Against Request to Disclose Conviction History Prior to Determination That Applicant Meets Minimum Employment Qualifications; Exceptions Audio or Video Recording of Employee Restroom, Locker Room or Changing Room; Prohibition; Use of Recordings in Violation of Section vi

5 SECTION 13 Coercion of Purchases Coercion SECTION 14 Sections Regarding Hours of Work That DO NOT Apply to Public Agencies Definitions Day s Work; Overtime; Commuting Time Alternative Workweek Schedules Meal Periods; Requirements; Order Permitting Meal Period After Six Hours of Work; Exceptions; Remedies Under Collective Bargaining Agreement Exception for Commercial Drivers Employed by Public Agencies Adoption of Amendment by Industrial Welfare Commission of Order Applying to Employee of Public Agency Who Operates a Commercial Motor Vehicle; Exemption of Employee Relating to Meal or Rest Periods Exception for Commercial Drivers Employed by Public Agencies Makeup Work Time Employees Covered by Collective Bargaining Agreements; Application of 510 and Exemptions Computer Software Field Employees; Exemption; Requirements Licensed Physicians and Surgeons; Exemption from Adoption or Amendment of Working Condition Orders; Break Periods, Meal Periods, and Days of Rest; Validity of Health Care Employee Meal Period Waiver Provisions Industrial Welfare Commission; Adoption of Wage, Hours and Working Conditions Orders; Review of Wages, Hours and Working Conditions in Certain Industries; Publication of Wage Orders and Other Regulations Day s Rest Defined One Day s Rest in Seven Maximum Consecutive Working Days Violation; Misdemeanor Exemptions from 551 and Applicability to Cities and Counties SECTION 15 Social Media Employer Use of Social Media SECTION 16 Unfair Immigration Related Practices Engaging in Unfair Immigration-Related Practices in Retaliation for Exercising Protected Rights; Presumption; Civil Action; Penalties Verification of Employment Authorization; Unlawful Acts; Penalty; Liability for Equitable Relief Exhaustion of Administrative Remedies; Reporting or Threatening to Report Suspected Citizenship or Immigration Status as Adverse Action SECTION 17 Consumer Credit Reports Employer Use of Consumer Credit Reports Employee Updates to Personal Information; Discharge, Discrimination, Retaliation or Adverse Action by Employer Prohibited SECTION 18 Lactation Accommodation vii

6 1030. Break Time for Employees to Express Breast Milk; Time Issues Use of Room or Location other than Toilet Stall Provision of Break Time Violation SECTION 19 Reemployment Privileges Misrepresentation Preventing Employment of Former Employee; Misdemeanor Improper Use of Fingerprint or Photograph; Misdemeanor Permitting Violation; Misdemeanor Truthful Statement of Reasons for Termination of Employment Violation; Civil Penalty Public Utility Corporations; Letter of Service Upon Termination of Employment Violation By Public Utility; Misdemeanor; Penalty Management Company Employee; Fingerprints SECTION 20 Political Activities and Affiliations Political Activities of Employees; Prohibition of Prevention or Control by Employer Coercion of Political Activities of Employees Government Code SECTION 21 Whistleblower Statute Employer or Person Acting on Behalf of Employer; Prohibition of Disclosure of Information by Employee to Government or Law Enforcement Agency; Suspected Violation or Noncompliance to Federal or State Law; Retaliation; Civil Penalties Civil Actions or Administrative Proceedings; Burden of Proof for Employer Whistleblower Hotline; Confidential Information; Office of Attorney General Display of Employee s Rights and Responsibilities under Whistleblower Laws; Compliance with Posting Requirement Violation; Misdemeanor; Penalty Responsibility of Employer for Actions of Agents Employee SECTION 22 State Minimum Wage Duties of Employers Minimum Wage for All Industries; Amount; Adoption of Minimum Wage Orders Minimum Wage; Scheduled Increases; Adjusted Minimum Wage; Temporary Suspension of Increases Delivery of Copies of Orders to Employers; Posting Requirements Action to Recover Minimum Wage, Overtime Compensation, Interest, Attorney s Fees, and Costs by Employee Liquidated Damages Registration of Complaints with Division; Investigation; Enforcement of Minimum Wage Determination of Computation and Payment of Wages in Excess of Minimum; Examination of Records; Enforcement of Payment of Unpaid Sums Payment of Less Than Minimum Wage Payment of Less Than Minimum Wage; Penalties; Citation; Procedure; Judgment SECTION 23 State Minimum Wage Exceptions viii

7 Student Employee; Camp Counselor or Program Counselor of Organized Camp; Compensation; Value of Meals and Lodging Special License for Mentally or Physically Handicapped Special License for Apprentices and Learners SECTION 24 Equal Pay for Equal Work Equal Wage Rates; Exceptions; Liability; Enforcement; Retaliation SECTION 25 Access to Personnel Files Right to Inspect Records SECTION 26 Employment of Minors Employment of Minors under Minors under 16 years of Age and All Minors; Prohibited Employment Employment Allowed Minors 14 to 15 Years of Age Delivery of Newspapers; Means of Transportation Gas Service Stations Courses of Training; Exception Employment of Minors; Performance of Sports-Attending Services Hours of Employment of Minors, Violation, Misdemeanor, Penalty Minors 16 to 18 Years of Age Enrolled in Work Experience or Cooperative Vocational Education Programs Minors under 18 Years of Age; High School Graduate or Equivalent or Possessing Certificate of Proficiency; Same Hours and Pay as Adults; Exceptions SECTION 27 Relocations, Terminations, and Mass Layoffs Notice Requirements Failure to Give Required Notice; Liability of Employer Exemption from Notice Requirements; Conditions SECTION 28 Public Works and Public Agencies Public Works and Paid for in Whole or in Part Out of Public Funds Defined; Exemptions from Chapter; Ordinances Requiring Payment of Prevailing Wages Public Works; Private Contracts; Conditions Public Works; Hauling Refuse from Public Works Site Work Performed by Volunteers, Volunteer Coordinators, or Conservation Corps Members; Exemption from Chapter Worker Defined Cognizance of Violations in Execution of Contracts; Reports; Withholding Procedures; Actions to Recover Wages; Costs and Attorneys Fees Withholding to Satisfy Wage and Penalty Assessments Payment of General Prevailing Wage Specification of General Wage Rate in Call for Bids, in Bid Specifications and in Contract; Posting at Job Site SECTION 29 Meal Periods for Municipal Employees Employees Entitled to Time Off for Meals Violation; Misdemeanor ix

8 SECTION 30 Private Attorney General Act of Short Title Actions Brought by an Aggrieved Employee or on Behalf of Self or Other Current or Former Employees; Authority; Gap-Filler Penalties; Attorneys Fees; Exclusion; Distribution of Recovered Penalties Requirements for Aggrieved Employee to Commence Civil Action Application of subd. (a) of SECTION 31 The Contract of Employment Advisement of Employer to Treat Individual as Independent Contractor to Avoid Employee Status; Joint and Several Liability Prohibition Against Requirement that Employee Residing and Working in California Adjudicate Claim Outside of California or Be Deprived of Substantive Protection of California Law as Condition of Employment; Violations and Remedies; Exception SECTION 32 Indemnification of Employees Indemnification for Employee s Expenses and Losses in Discharging Duties; Award Interest; Definition Government Code Defense by Public Entity; Payments of Judgments; Compromises or Settlements; Punitive Damages; Memorandum of Understanding; Elected Officials; Tortious Influencing of Judicial Actions Government Code Authority to Provide for Defense or Civil Action or Proceeding Government Code Grounds for Refusal to Provide Defense; Request of Defense; Refusal because of Conflict of Interest Government Code Actions or Proceedings Brought by Public Entity Government Code Administrative Proceedings Government Code Criminal Actions and Proceedings Government Code Counsel; Insurance; Expenses Government Code Failure or Refusal to Provide Defense SECTION 33 Coverage for Medical, Surgical or Hospital Benefits Coverage for Medical, Surgical or Hospital Benefits; Discontinuation; Notice to Employees Notification to Former Employees of Availability of Continued Medical, Surgical or Hospital Benefits Description of Benefit Plan; Provision to Employees; Notification of Coverage Options upon Termination of Employment SECTION 34 At-Will Employees Termination at Will upon Notice; Employment for a Specified Term Employment for a Specified Term; Grounds for Termination by Employer SECTION 35 Deductions for Tardiness; Garnishment of Wages x

9 2928. Deductions for Tardiness of Employee Prohibition against Discharge for Threat of Garnishment for Payment of One Judgment SECTION 36 Safety in Employment Purpose Retaliation for Filing Complaint Prohibited; Offenses Retaliation for Refusal to Work in Violation of Health and Safety Standards; Action for Wages Notice Relating to Safety Rules and Right to Report Unsafe Conditions, etc.; Posting Safe and Healthful Employment and Place of Employment Duty to Furnish Safety Devices and Adopt Safe Practices and Procedures Preventing Entry into Unsafe or Unhealthful Place Failure to Furnish Safety Devices or Adopt Safe Practices and Procedures Occupancy or Maintenance of Unsafe or Unhealthful Place of Employment Enclosed Place of Employment; Smoking Prohibition; Legislative Findings, Declarations, and Intent; Uniform Statewide Standard; Violation; Penalties Government Code Smoking Prohibition; Preemption Government Code Smoking in Outdoor Area of Public Building APPENDIX A Sample Posting Labor Code Section (a) APPENDIX B Official Notice: Industrial Welfare Commission Order No Regulating Wages, Hours and Working Conditions in the Transportation Industry APPENDIX C Sample Posting Labor Code 6328 Safety and Health Protection on the Job ENDNOTES xi

KENTUCKY State Laws by Topic

KENTUCKY State Laws by Topic State Laws by Topic AGE It is an unlawful employment practice, under the Kentucky Civil Rights Act, for an employer to fail or refuse to hire; terminate; limit, segregate, or classify; deny training opportunities