Employer and EmployeeObligations of Employer
Section § 2800
This law states that an employer must compensate an employee for any losses that happen due to the employer's lack of proper care and attention.
Section § 2800.1
Section § 2800.2
This law requires employers or associations that provide hospital, surgical, or major medical benefits to inform their employees or members about available conversion coverage for health insurance. It also mandates that former employees eligible for continued health coverage under COBRA must be notified about the end of COBRA coverage and the availability of alternative health insurance options. Starting July 1, 2006, the notification must include a statement urging individuals to consider carefully before declining coverage, as obtaining individual health insurance later might lead to higher costs or denial based on medical history.
Section § 2800.3
Employers, who are not self-insurers or employee associations offering health benefits, must offer an option for employees to convert their hospital, surgical, or major medical insurance. This coverage must follow specific provisions in the Insurance Code and Health and Safety Code.
Section § 2801
This law says that if an employee is injured on the job in California and it's partly due to the employer's lack of care, the employee's minor negligence won't stop them from getting compensation. However, their compensation might be reduced based on their share of negligence. If a safety law was broken and led to the injury, the employee is assumed not to be at fault.
Also, an employer can't argue that the employee knew the risks or blame a co-worker's lack of care for the injury. Employers can't avoid these rules through contracts or regulations.
Section § 2802
This law requires employers to pay back employees for any necessary expenses or losses they incur while doing their job or following their employer's instructions, even if those instructions turn out to be unlawful, as long as the employee didn't know they were unlawful at the time. If an employee has to go to court to get their expenses covered, they can earn interest on that money from the date the expense was incurred. 'Necessary expenditures or losses' include reasonable costs such as attorney fees. The law also allows for penalties against employers who don't fulfill these reimbursement obligations, and any recovered funds must go to the affected employee.
Section § 2802.1
This law requires that any expenses incurred by employees or job applicants for training provided or required by their hospital employers must be covered by the employer, as these are necessary for performing their job duties. Such training includes orientations or competencies needed for the job but does not cover licenses or voluntary training not required for the position.
Employers cannot retaliate against employees who refuse to sign agreements that violate this rule. This statute specifically applies to staff or job seekers at general acute care hospitals. If an employee wins a legal case under this section, the court will also award the employee attorney's fees and costs.
Section § 2803
If an employee dies due to an employer's failure to exercise ordinary or reasonable care, the employee's personal representative can sue the employer. They can seek compensation for the deceased's family members, like the spouse and children. Only one lawsuit can be filed to recover damages.
Section § 2803.4
If a company offers health benefits under a specific federal law about employee benefits (ERISA), they cannot limit these benefits if someone is eligible for Medi-Cal or Medicaid. They also cannot reduce the benefits just because someone qualifies for these government health programs. Employers cannot deny enrollment in their health plans due to this entitlement either. Additionally, the California Department of Health Services will look at these private health benefits when determining who is responsible for medical expenses for those on Medi-Cal or Medicaid.
Section § 2803.5
This law mandates that all employers providing health insurance coverage must adhere to specific standards outlined in other parts of California law, particularly those related to family and welfare codes. These standards ensure that the health care coverage offered by employers complies with established legal requirements.
Section § 2804
This law states that any agreement an employee makes to give up the benefits or protections of this article is invalid. Employees cannot legally waive their rights under these rules, ensuring that they or their representatives still have access to any state-provided rights or remedies.
Section § 2806
This law requires employers to notify employees in writing at least 15 days before stopping their medical, surgical, or hospital benefits, except in cases of employment termination or if alternative coverage is offered. This applies to both private and public employers.
If a third party provides the benefits, they are not obligated to continue coverage if the employer fails to notify the employees. However, this doesn't apply to employee welfare benefit plans governed by the Employee Retirement Income Security Act of 1974.
Section § 2807
This law requires all employers, whether private or public, to inform former employees about the option to continue their medical, surgical, or hospital benefits after leaving the job. This notification should include a standardized description of the Health Insurance Premium Program, which is a state initiative to help with health insurance costs. The description is prepared and provided by the State Department of Health Services, and employers must use this standard description when notifying former employees. The Department makes this information available on request and at cost.
Section § 2808
Employers, whether public or private, must give all eligible employees a detailed explanation of the health benefits they offer, including information about the available medical providers for HMOs and PPOs. When an employee leaves the company, the employer has to inform them about options for continuing, extending, or converting their health coverage.
Section § 2808.1
Starting January 1, 2023, the California Department of Industrial Relations is required to post information online about free abortion and contraception services available through the California Reproductive Health Equity Program. This is specifically for employees whose health insurance from work does not cover both abortion and contraception. The law also clarifies what 'abortion' and 'contraception' mean by referencing other sections of the Health and Safety Code.
Section § 2809
If an employer offers a deferred compensation plan, they must give employees written notice beforehand about potential financial risks, past investment performance, and a summary of the employer’s financial health from the previous year. Also, every quarter, if the employer manages the investments, they must update employees on the company's financial status, how the investments have been doing, and how each employee’s investments are performing. A designated plan manager can handle these tasks on behalf of the employer. If employees manage their own plans through a financial institution, these requirements are considered fulfilled.
Section § 2810
This law states that when hiring a contractor in certain industries like construction, janitorial, or farm labor, you can't make an agreement if you know there's not enough money in it for the contractor to follow all laws. If the deal is written up properly with specific details, it may help prove compliance. Some exceptions exist, like if there's a collective bargaining agreement or the work is on a personal residence.
Any changes to the contract also need to follow specific rules. You must keep contract records for four years, and in case of violations, employees can sue for damages or injunctive relief.
Also, specific documentation and details, like insurance or worker numbers, have to be included in contracts. The law ensures there's accountability for meeting all legal requirements by thoroughly documenting agreements.
Section § 2810.3
This law defines a "client employer" as a business that gets workers through a labor contractor to handle tasks related to its business operations. It excludes small businesses and specific entities like governmental bodies from this definition. A labor contractor is responsible for supplying workers but doesn't include nonprofits, labor unions, or certain payroll and leasing companies.
The law mandates that client employers and labor contractors share responsibility for paying wages and ensuring workers' compensation coverage. Client employers can't transfer their legal duties related to labor laws to labor contractors.
Workers must inform employers of any violations before taking legal action, and employers can't retaliate against them for doing so. Employers and contractors are allowed to take legal actions against each other for liabilities incurred by one another. Regulatory agencies can request compliance information, and certain regulations ensure this law is upheld. The law doesn't apply to independent contractors or specific businesses, such as those involved in transportation or cable services.
Section § 2810.4
This law is about the responsibilities and liabilities of businesses using port drayage motor carriers (trucking companies) in California, especially concerning the misclassification of drivers as independent contractors instead of employees. Starting January 1, 2025, customers who hire such carriers have to share the legal responsibility if drivers are misclassified unless the carrier uses its own employees or legally independent contractors.
The Labor Standards Enforcement will maintain an online list of port drayage carriers with violations. If a customer uses a listed carrier, they are jointly liable for various financial responsibilities, including unpaid wages and expenses, and penalties due to violations.
This law also ensures that customers cannot take adverse actions against drivers who report violations. Customers and carriers have the right to seek compensation from each other in case of a joint liability, and a waiver of these regulations is invalid.
Section § 2810.5
Employers in California must give every new employee a written notice when they are hired. This notice should be in the language normally used for job-related communication and must include details like pay rates, allowances, payday information, employer's contact info, and workers' compensation details. It should also inform employees about sick leave rights and any recent emergency declarations affecting their workplace safety.
For temporary services employment, the notice must include the legal entity details where the work will be performed. Special provisions exist for H-2A agricultural visa workers, requiring notices in Spanish and additional rights and protections specific to agricultural work. Employers must update employees in writing about any changes to this information within seven days. Some employees, like government workers or those with certain collective bargaining agreements, are exempt from these requirements.
Section § 2810.7
This law requires employers to inform employees about any deadlines to withdraw funds from flexible spending accounts before the plan year ends. This includes accounts like dependent care, health, and adoption assistance flexible spending accounts.
The employer must give this notification in at least two different ways, and one can be electronic. Possible methods of notification include email, phone calls, text messages, postal mail, and in-person communication.
Section § 2810.8
This law outlines employment protections for certain laid-off employees in sectors like airport and hospitality operations. It defines various terms, including what constitutes an employer, enterprise, and laid-off employee, particularly focusing on those affected by the COVID-19 pandemic. Employers must offer available positions to qualified laid-off employees and prioritize those with more extended service. Employees must have at least five business days to accept offers. Employers are required to keep detailed records of layoffs and hiring communications.
Additionally, employees have rights to seek enforcement via the Division of Labor Standards Enforcement, which can impose civil penalties for violations. The law also supports employee protection from retaliation when asserting their rights. It empowers local agencies to set higher standards and allows certain provisions to be waived within clear collective bargaining agreements. Finally, the section is effective until December 31, 2025, after which it is repealed.