Section § 2800

Explanation

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.

An employer shall in all cases indemnify his employee for losses caused by the employer’s want of ordinary care.

Section § 2800.1

Explanation
Employers must ensure the safety of musical instruments and equipment belonging to musicians working on their premises. If the employer fails to take necessary precautions and the instruments are damaged or stolen, they must pay for the repair or replacement of these items, provided the musician has also taken reasonable precautions. In this context, an 'employer' can also mean the person hiring the musician or the owner of the venue, and 'employee' refers to the musician performing at the location under the employer's control.
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 employer’s failure or refusal to take such reasonable and necessary precautions, the employer shall be liable to the owner for repair or replacement thereof if the employed musician has taken reasonable and necessary precautions to safeguard the musical instruments and equipment.
For the purposes of this section: (a) “employer” includes a purchaser of services and the owner of premises upon which an employed musician is working; and (b) “employee” is any employed musician working on premises which are under an employer’s control.

Section § 2800.2

Explanation

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.

(a)CA Labor Code § 2800.2(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 (commencing with Section 12670) of Division 2 of the Insurance Code or Section 1373.6 of the Health and Safety Code.
(b)CA Labor Code § 2800.2(b) Any employer, employee association, or other entity, whether private or public, that provides hospital, medical, or surgical expense coverage that a former employee may continue under Section 4980B of Title 26 of the United States Code, Section 1161 et seq. of Title 29 of the United States Code, or Section 300bb of Title 42 of the United States Code, as added by the Consolidated Omnibus Budget Reconciliation Act of 1985 (Public Law 99-272), and as may be later amended (hereafter “COBRA”), shall, in conjunction with the notification required by COBRA that COBRA continuation coverage will cease and conversion coverage is available, and as a part of the notification required by subdivision (a), also notify the former employee, spouse, or former spouse of the availability of the continuation coverage under Section 1373.621 of the Health and Safety Code, and Sections 10116.5 and 11512.03 of the Insurance Code.
(c)CA Labor Code § 2800.2(c) On or after July 1, 2006, notification provided to employees, members, former employees, spouses, or former spouses under subdivisions (a) and (b) shall also include the following notification:
“Please examine your options carefully before declining this coverage. You should be aware that companies selling individual health insurance typically require a review of your medical history that could result in a higher premium or you could be denied coverage entirely.”

Section § 2800.3

Explanation

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.

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 Section 12670) of Division 2 of the Insurance Code and Section 1373.6 of the Health and Safety Code.

Section § 2801

Explanation

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.

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 of want of ordinary or reasonable care of the employer, or of any officer, agent or servant of the employer, the fact that such employee has been guilty of contributory negligence shall not bar a recovery therein where his contributory negligence was slight and that of the employer was gross, in comparison, but the damages may be diminished by the jury in proportion to the amount of negligence attributable to such employee.
It shall be conclusively presumed that such employee was not guilty of contributory negligence in any case where the violation of any law enacted for the safety of employees contributed to such employee’s injury.
It shall not be a defense that:
(a)CA Labor Code § 2801(a) The employee either expressly or impliedly assumed the risk of the hazard complained of.
(b)CA Labor Code § 2801(b) The injury or death was caused in whole or in part by the want of ordinary or reasonable care of a fellow servant.
No contract, or regulation, shall exempt the employer from any provisions of this section.

Section § 2802

Explanation

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.

(a)CA Labor Code § 2802(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 employee, at the time of obeying the directions, believed them to be unlawful.
(b)CA Labor Code § 2802(b) All awards made by a court or by the Division of Labor Standards Enforcement for reimbursement of necessary expenditures under this section shall carry interest at the same rate as judgments in civil actions. Interest shall accrue from the date on which the employee incurred the necessary expenditure or loss.
(c)CA Labor Code § 2802(c) For purposes of this section, the term “necessary expenditures or losses” shall include all reasonable costs, including, but not limited to, attorney’s fees incurred by the employee enforcing the rights granted by this section.
(d)CA Labor Code § 2802(d) In addition to recovery of penalties under this section in a court action or proceedings pursuant to Section 98, the commissioner may issue a citation against an employer or other person acting on behalf of the employer who violates reimbursement obligations for an amount determined to be due to an employee under this section. The procedures for issuing, contesting, and enforcing judgments for citations or civil penalties issued by the commissioner shall be the same as those set forth in Section 1197.1. Amounts recovered pursuant to this section shall be paid to the affected employee.

Section § 2802.1

Explanation

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.

(a)Copy CA Labor Code § 2802.1(a)
(1)Copy CA Labor Code § 2802.1(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 expenditure or loss incurred by the employee in direct consequence of the discharge of the employee’s duties, as that phrase is used in Section 2802.
(2)CA Labor Code § 2802.1(a)(2)  For purposes of this section, “employer-provided or employer-required educational program or training” includes, but is not limited to, residencies, orientations, or competency validations necessary for direct patient care employment. “Employer-provided or employer-required educational program or training” does not include either of the following:
(A)CA Labor Code § 2802.1(a)(2)(A) Requirements for a license, registration, or certification necessary to legally practice in a specific employee classification to provide direct patient care.
(B)CA Labor Code § 2802.1(a)(2)(B) Education or training that is voluntarily undertaken by the employee or applicant solely at their discretion.
(b)CA Labor Code § 2802.1(b) An employer, or any person acting on behalf of the employer, shall not retaliate against an applicant for employment or employee for refusing to enter into a contract or agreement that violates subdivision (a).
(c)CA Labor Code § 2802.1(c) This section shall only apply to applicants for employment and employees providing direct patient care for an employer for a “general acute care hospital,” as defined in subdivision (a) of Section 1250 of the Health and Safety Code.
(d)CA Labor Code § 2802.1(d) In addition to injunctive relief and any other remedies available, a court shall award, in any action brought pursuant to this section, a prevailing plaintiff reasonable attorney’s fees and costs.
(e)CA Labor Code § 2802.1(e) This section is declaratory of and clarifies existing law with respect to employer-required training for employees.

Section § 2803

Explanation

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.

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 therefor against such employer, and may recover damages in respect thereof, for and on behalf of the surviving spouse, children, dependent parents, and dependent brothers and sisters, in order of precedence as stated, but no more than one action shall be brought for such recovery.

Section § 2803.4

Explanation

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.

(a)CA Labor Code § 2803.4(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 Section 14000) or Chapter 8 (commencing with Section 14200) of Part 3 of Division 9 of the Welfare and Institutions Code, or medicaid benefits under Subchapter 19 (commencing with Section 1396) of Chapter 7 of Title 42 of the United States Code. Any employer providing health benefits under the Employee Retirement Income Security Act of 1974 shall not provide an exception for the Medi-Cal or medicaid benefits.
(b)CA Labor Code § 2803.4(b) Any employer providing health benefits under the Employee Retirement Income Security Act of 1974 shall not provide that the benefits payable are subject to reduction if the individual insured has entitlement to Medi-Cal or medicaid benefits.
(c)CA Labor Code § 2803.4(c) Any employer providing health benefits under the Employee Retirement Income Security Act of 1974 shall not provide an exception for enrollment for benefits because of an applicant’s entitlement to Medi-Cal benefits under Chapter 7 (commencing with Section 14000) or Chapter 8 (commencing with Section 14200) of Part 3 of Division 9 of the Welfare and Institutions Code, or medicaid benefits under Subchapter 19 (commencing with Section 1396) of Chapter 7 of Title 42 of the United States Code.
(d)CA Labor Code § 2803.4(d) The State Department of Health Services shall consider health benefits available under the Employee Retirement Income Security Act of 1974 in determining legal liability of any third party for medical expenses incurred by a Medi-Cal or medicaid recipient under Section 14124.90 of the Welfare and Institutions Code and Subchapter 19 (commencing with Section 1396) of Chapter 7 of Title 42 of the United States Code.

Section § 2803.5

Explanation

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.

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.

Section § 2804

Explanation

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.

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 laws of this State.

Section § 2806

Explanation

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.

(a)CA Labor Code § 2806(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 cancellation, but not inclusive of employment termination or cases in which substitute coverage has been provided, at least 15 days in advance of such discontinuation.
(b)CA Labor Code § 2806(b) If coverage is provided by a third party, failure of the employer to give the necessary notice shall not require the third party to continue the coverage beyond the date it would otherwise terminate.
(c)CA Labor Code § 2806(c) This section shall not apply to any employee welfare benefit plan that is subject to the Employee Retirement Income Security Act of 1974.

Section § 2807

Explanation

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.

(a)CA Labor Code § 2807(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 for medical, surgical, or hospital benefits, a standardized written description of the Health Insurance Premium Program established by the State Department of Health Services pursuant to Section 120835 of the Health and Safety Code and Section 14124.91 of the Welfare and Institutions Code. The employer shall utilize the standardized written description prepared by the State Department of Health Services pursuant to subdivision (b).
(b)CA Labor Code § 2807(b) The State Department of Health Services shall prepare and make available, on request, a standardized written description of the Health Insurance Premium Program, at cost.

Section § 2808

Explanation

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.

(a)CA Labor Code § 2808(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 health maintenance organizations and preferred provider organizations.
(b)CA Labor Code § 2808(b) All employers, whether public or private, shall provide to employees, upon termination, notification of all continuation, disability extension, and conversion coverage options under any employer-sponsored coverage for which the employee may remain eligible after employment with that employer terminates.

Section § 2808.1

Explanation

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.

(a)CA Labor Code § 2808.1(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 whose employer-sponsored health coverage does not include coverage for both abortion and contraception.
(b)CA Labor Code § 2808.1(b) For purposes of this section:
(1)CA Labor Code § 2808.1(b)(1) “Abortion” has the same meaning as defined in Section 123464 of the Health and Safety Code.
(2)CA Labor Code § 2808.1(b)(2) “California Reproductive Health Equity Program” means the program established pursuant to Section 127632 of the Health and Safety Code.
(3)CA Labor Code § 2808.1(b)(3) “Contraception” means the services and contraceptive methods described in paragraph (1) of subdivision (b) of Section 1367.25 of the Health and Safety Code.

Section § 2809

Explanation

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.

(a)CA Labor Code § 2809(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 participation in the plan, historical information to date as to the performance of the investments or funds available under the plan, and an annual balance sheet, annual audit, or similar document that describes the employer’s financial condition as of a date no earlier than the immediately preceding year.
(b)CA Labor Code § 2809(b) Within 30 days after the end of each quarter of the calendar year, the employer, who directly manages the investments of a deferred compensation plan, shall provide, to each employee enrolled in a deferred compensation plan offered by the employer, a written report summarizing the current financial condition of the employer, summarizing the financial performance during the preceding quarter of each investment or fund available under the plan, and describing the actual performance of the employee’s funds that are invested in each investment or fund in the plan.
(c)CA Labor Code § 2809(c) The obligations described in subdivisions (a) and (b) may be performed by a plan manager designated by the employer, who may contract with an investment manager for that purpose.
(d)CA Labor Code § 2809(d) If an employee is enrolled in a deferred compensation plan that is self-directed through a financial institution, the requirements set forth in this section shall be deemed to have been met.

Section § 2810

Explanation

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.

(a)CA Labor Code § 2810(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 agreement does not include funds sufficient to allow the contractor to comply with all applicable local, state, and federal laws or regulations governing the labor or services to be provided.
(b)CA Labor Code § 2810(b) There is a rebuttable presumption affecting the burden of proof that there has been no violation of subdivision (a) if the contract or agreement with a construction, farm labor, garment, janitorial, security guard, port drayage motor carrier, or warehouse contractor meets all of the requirements in subdivision (d).
(c)CA Labor Code § 2810(c) Subdivision (a) does not apply to any of the following:
(1)CA Labor Code § 2810(c)(1) A person or entity who executes a collective bargaining agreement covering the workers employed under the contract or agreement.
(2)CA Labor Code § 2810(c)(2) A person who enters into a contract or agreement for labor or services to be performed on that person’s home residences, provided that a family member resides in the residence or residences for which the labor or services are to be performed for at least a part of the year.
(3)CA Labor Code § 2810(c)(3) A contract with a port drayage motor carrier involving 30 days or fewer of cumulative labor or services within a one-year period.
(d)CA Labor Code § 2810(d) To meet the requirements of subdivision (b), a contract or agreement with a construction, farm labor, garment, janitorial, security guard, port drayage motor carrier, or warehouse contractor for labor or services shall be in writing, in a single document, and contain all of the following provisions, in addition to any other provisions that may be required by regulations adopted by the Labor Commissioner from time to time:
(1)CA Labor Code § 2810(d)(1) The name, address, and telephone number of the person or entity and the construction, farm labor, garment, janitorial, security guard, port drayage motor carrier, or warehouse contractor through whom the labor or services are to be provided.
(2)CA Labor Code § 2810(d)(2) A description of the labor or services to be provided and a statement of when those services are to be commenced and completed.
(3)CA Labor Code § 2810(d)(3) The employer identification number for state tax purposes of the construction, farm labor, garment, janitorial, security guard, port drayage motor carrier, or warehouse contractor.
(4)CA Labor Code § 2810(d)(4) The workers’ compensation insurance policy number and the name, address, and telephone number of the insurance carrier of the construction, farm labor, garment, janitorial, security guard, port drayage motor carrier, or warehouse contractor.
(5)CA Labor Code § 2810(d)(5) The vehicle identification number of any vehicle that is owned by the construction, farm labor, garment, janitorial, security guard, port drayage motor carrier, or warehouse contractor and used for transportation in connection with any service provided pursuant to the contract or agreement, the number of the vehicle liability insurance policy that covers the vehicle, and the name, address, and telephone number of the insurance carrier.
(6)CA Labor Code § 2810(d)(6) The address of any real property to be used to house workers in connection with the contract or agreement.
(7)CA Labor Code § 2810(d)(7) The total number of workers to be employed under the contract or agreement, the total amount of all wages to be paid, and the date or dates when those wages are to be paid.
(8)CA Labor Code § 2810(d)(8) The amount of the commission or other payment made to the construction, farm labor, garment, janitorial, security guard, port drayage motor carrier, or warehouse contractor for services under the contract or agreement.
(9)CA Labor Code § 2810(d)(9) The total number of persons who will be utilized under the contract or agreement as independent contractors, along with both of the following:
(A)CA Labor Code § 2810(d)(9)(A) A list of the current local, state, and federal contractor license identification numbers or motor carrier authority or registration that the independent contractors are required to have under local, state, or federal laws or regulations.
(B)CA Labor Code § 2810(d)(9)(B) A copy of any agreement executed by an independent contractor identified pursuant to this paragraph.
(10)CA Labor Code § 2810(d)(10) The signatures of all parties, and the date the contract or agreement was signed.
(e)Copy CA Labor Code § 2810(e)
(1)Copy CA Labor Code § 2810(e)(1) To qualify for the rebuttable presumption set forth in subdivision (b), a material change to the terms and conditions of a contract or agreement between a person or entity and a construction, farm labor, garment, janitorial, security guard, port drayage motor carrier, or warehouse contractor must be in writing, in a single document, and contain all of the provisions listed in subdivision (d) that are affected by the change.
(2)CA Labor Code § 2810(e)(2) If a provision required to be contained in a contract or agreement pursuant to paragraph (7) or (9) of subdivision (d) is unknown at the time the contract or agreement is executed, the best estimate available at that time is sufficient to satisfy the requirements of subdivision (d). If an estimate is used in place of actual figures in accordance with this paragraph, the parties to the contract or agreement have a continuing duty to ascertain the information required pursuant to paragraph (7) or (9) of subdivision (d) and to reduce that information to writing in accordance with the requirements of paragraph (1) once that information becomes known.
(f)CA Labor Code § 2810(f) A person or entity who enters into a contract or agreement referred to in subdivisions (d) or (e) shall keep a copy of the written contract or agreement for a period of not less than four years following the termination of the contract or agreement. Upon the request of the Labor Commissioner, any person or entity who enters into the contract or agreement shall provide to the Labor Commissioner a copy of the provisions of the contract or agreement, and any other documentation, related to paragraphs (1) to (10), inclusive, of subdivision (d). Documents obtained pursuant to this section are exempt from disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).
(g)Copy CA Labor Code § 2810(g)
(1)Copy CA Labor Code § 2810(g)(1) An employee aggrieved by a violation of subdivision (a) may file an action for damages to recover the greater of all of the employee’s actual damages or two hundred fifty dollars ($250) per employee per violation for an initial violation and one thousand dollars ($1,000) per employee for each subsequent violation, and, upon prevailing in an action brought pursuant to this section, may recover costs and reasonable attorney’s fees. An action under this section shall not be maintained unless it is pleaded and proved that an employee was injured as a result of a violation of a labor law or regulation in connection with the performance of the contract or agreement.
(2)CA Labor Code § 2810(g)(2) An employee aggrieved by a violation of subdivision (a) may also bring an action for injunctive relief and, upon prevailing, may recover costs and reasonable attorney’s fees.
(h)CA Labor Code § 2810(h) The phrase “construction, farm labor, garment, janitorial, security guard, port drayage motor carrier, or warehouse contractor” includes any person, as defined in this code, whether or not licensed, who is acting in the capacity of a construction, farm labor, garment, janitorial, security guard, port drayage motor carrier, or warehouse contractor.
(i)Copy CA Labor Code § 2810(i)
(1)Copy CA Labor Code § 2810(i)(1) The term “knows” includes the knowledge, arising from familiarity with the normal facts and circumstances of the business activity engaged in, that the contract or agreement does not include funds sufficient to allow the contractor to comply with applicable laws.
(2)CA Labor Code § 2810(i)(2) The phrase “should know” includes the knowledge of any additional facts or information that would make a reasonably prudent person undertake to inquire whether, taken together, the contract or agreement contains sufficient funds to allow the contractor to comply with applicable laws.
(3)CA Labor Code § 2810(i)(3) A failure by a person or entity to request or obtain any information from the contractor that is required by any applicable statute or by the contract or agreement between them, constitutes knowledge of that information for purposes of this section.
(j)CA Labor Code § 2810(j) For the purposes of this section, “warehouse” means a facility the primary operation of which is the storage or distribution of general merchandise, refrigerated goods, or other products.
(k)CA Labor Code § 2810(k) For the purposes of this section, “port drayage motor carrier” has the same meaning as in paragraph (5) of subdivision (a) of Section 2810.4.

Section § 2810.3

Explanation

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.

(a)CA Labor Code § 2810.3(a) As used in this section:
(1)Copy CA Labor Code § 2810.3(a)(1)
(A)Copy CA Labor Code § 2810.3(a)(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)CA Labor Code § 2810.3(a)(1)(A)(B) “Client employer” does not include any of the following:
(i)CA Labor Code § 2810.3(a)(1)(A)(B)(i) A business entity with a workforce of fewer than 25 workers, including those hired directly by the client employer and those obtained from, or provided by, any labor contractor.
(ii)CA Labor Code § 2810.3(a)(1)(A)(B)(ii) A business entity with five or fewer workers supplied by a labor contractor or labor contractors to the client employer at any given time.
(iii)CA Labor Code § 2810.3(a)(1)(A)(B)(iii) The state or any political subdivision of the state, including any city, county, city and county, or special district.
(2)CA Labor Code § 2810.3(a)(2) “Labor” has the same meaning provided by Section 200.
(3)CA Labor Code § 2810.3(a)(3) “Labor contractor” means an individual or entity that supplies, either with or without a contract, a client employer with workers to perform labor within the client employer’s usual course of business. “Labor contractor” does not include any of the following:
(A)CA Labor Code § 2810.3(a)(3)(A) A bona fide nonprofit, community-based organization that provides services to workers.
(B)CA Labor Code § 2810.3(a)(3)(B) A bona fide labor organization or apprenticeship program or hiring hall operated pursuant to a collective bargaining agreement.
(C)CA Labor Code § 2810.3(a)(3)(C) A motion picture payroll services company, as defined in subparagraph (A) of paragraph (4) of subdivision (f) of Section 679 of the Unemployment Insurance Code.
(D)CA Labor Code § 2810.3(a)(3)(D) A third party who is a party to an employee leasing arrangement, as defined by Rule 4 of Section V of the California Workers’ Compensation Experience Rating Plan-1995 (Section 2353.1 of Title 10 of the California Code of Regulations), as it read on January 1, 2014, except those arrangements described in subrule d of Rule 4 of Section V, if the employee leasing arrangement contractually obligates the client employer to assume all civil legal responsibility and civil liability under this act.
(4)CA Labor Code § 2810.3(a)(4) “Wages” has the same meaning provided by Section 200 and all sums payable to an employee or the state based upon any failure to pay wages, as provided by law.
(5)CA Labor Code § 2810.3(a)(5) “Worker” does not include an employee who is exempt from the payment of an overtime rate of compensation for executive, administrative, and professional employees pursuant to wage orders by the Industrial Welfare Commission described in Section 515.
(6)CA Labor Code § 2810.3(a)(6) “Usual course of business” means the regular and customary work of a business, performed within or upon the premises or worksite of the client employer.
(b)CA Labor Code § 2810.3(b) A client employer shall share with a labor contractor all civil legal responsibility and civil liability for all workers supplied by that labor contractor for both of the following:
(1)CA Labor Code § 2810.3(b)(1) The payment of wages.
(2)CA Labor Code § 2810.3(b)(2) Failure to secure valid workers’ compensation coverage as required by Section 3700.
(c)CA Labor Code § 2810.3(c) A client employer shall not shift to the labor contractor any legal duties or liabilities under Division 5 (commencing with Section 6300) with respect to workers supplied by the labor contractor.
(d)CA Labor Code § 2810.3(d) At least 30 days prior to filing a civil action against a client employer for violations covered by this section, a worker or the worker’s representative shall notify the client employer of violations under subdivision (b).
(e)CA Labor Code § 2810.3(e) Neither the client employer nor the labor contractor may take any adverse action against any worker for providing notification of violations or filing a claim or civil action.
(f)CA Labor Code § 2810.3(f) The provisions of subdivisions (b) and (c) are in addition to, and shall be supplemental of, any other theories of liability or requirement established by statute or common law.
(g)CA Labor Code § 2810.3(g) This section does not prohibit a client employer from establishing, exercising, or enforcing by contract any otherwise lawful remedies against a labor contractor for liability created by acts of a labor contractor.
(h)CA Labor Code § 2810.3(h) This section does not prohibit a labor contractor from establishing, exercising, or enforcing by contract any otherwise lawful remedies against a client employer for liability created by acts of a client employer.
(i)CA Labor Code § 2810.3(i) Upon request by a state enforcement agency or department, a client employer or a labor contractor shall provide to the agency or department any information within its possession, custody, or control required to verify compliance with applicable state laws. Upon request, these records shall be made available promptly for inspection, and the state agency or department shall be permitted to copy them. This subdivision does not require the disclosure of information that is not otherwise required to be disclosed by employers upon request by a state enforcement agency or department.
(j)CA Labor Code § 2810.3(j) The Labor Commissioner may adopt regulations and rules of practice and procedure necessary to administer and enforce the provisions of subdivisions (b) and (i) that are under the Labor Commissioner’s jurisdiction.
(k)CA Labor Code § 2810.3(k) The Division of Occupational Safety and Health may adopt regulations and rules of practice and procedure necessary to administer and enforce the provisions of subdivisions (c) and (i) that are under its jurisdiction.
(l)CA Labor Code § 2810.3(l) The Employment Development Department may adopt regulations and rules of practice and procedure necessary to administer and enforce the provisions of subdivisions (b) and (i) that are under its jurisdiction.
(m)CA Labor Code § 2810.3(m) A waiver of this section is contrary to public policy, and is void and unenforceable.
(n)CA Labor Code § 2810.3(n) This section does not impose individual liability on a homeowner for labor or services received at the home or the owner of a home-based business for labor or services received at the home.
(o)CA Labor Code § 2810.3(o) This section does not impose liability on a client employer for the use of an independent contractor other than a labor contractor or to change the definition of independent contractor.
(p)CA Labor Code § 2810.3(p) This section does not impose liability on the following:
(1)CA Labor Code § 2810.3(p)(1) A client employer that is not a motor carrier of property based solely on the employer’s use of a third-party motor carrier of property with interstate or intrastate operating authority to ship or receive freight.
(2)CA Labor Code § 2810.3(p)(2) A client employer that is a motor carrier of property subcontracting with, or otherwise engaging, another motor carrier of property to provide transportation services using its own employees and commercial motor vehicles, as defined in Section 34601 of the Vehicle Code.
(3)CA Labor Code § 2810.3(p)(3) A client employer that is not a household mover based solely on the employer’s use of a third-party household mover permitted by the Bureau of Household Goods and Services pursuant to Chapter 3.1 (commencing with Section 19225) of Division 8 of the Business and Professions Code to move household goods.
(4)CA Labor Code § 2810.3(p)(4) A client employer that is a household mover permitted by the Bureau of Household Goods and Services pursuant to Chapter 3.1 (commencing with Section 19225) of Division 8 of the Business and Professions Code subcontracting with, or otherwise engaging, another permitted household mover to provide transportation of household goods using its own employees and motor vehicles, as defined in former Section 5108 of the Public Utilities Code.
(5)CA Labor Code § 2810.3(p)(5) A client employer that is a cable operator, as defined by Section 5830 of the Public Utilities Code, a direct-to-home satellite service provider, or a telephone corporation, as defined by Section 234 of the Public Utilities Code, based upon its contracting with a company to build, install, maintain, or perform repair work utilizing the employees and vehicles of the contractor if the name of the contractor is visible on employee uniforms and vehicles.
(6)CA Labor Code § 2810.3(p)(6) A motor club holding a certificate of authority issued pursuant to Chapter 2 (commencing with Section 12160) of Part 5 of Division 2 of the Insurance Code when it contracts with third parties to provide motor club services utilizing the employees and vehicles of the third-party contractor if the name of the contractor is visible on the contractor’s vehicles.

Section § 2810.4

Explanation

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.

(a)CA Labor Code § 2810.4(a) As used in this section:
(1)CA Labor Code § 2810.4(a)(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)Copy CA Labor Code § 2810.4(a)(2)
(A)Copy CA Labor Code § 2810.4(a)(2)(A) “Customer” means a business entity, regardless of its form, that engages or uses a port drayage motor carrier to perform port drayage services on the customer’s behalf, whether the customer directly engages or uses a port drayage motor carrier or indirectly engages or uses a port drayage motor carrier through the use of an agent, including, but not limited to, a freight forwarder, motor transportation broker, ocean carrier, or other motor carrier.
(B)CA Labor Code § 2810.4(a)(2)(A)(B) “Customer” does not include any of the following:
(i)CA Labor Code § 2810.4(a)(2)(A)(B)(i) A business entity with a workforce of fewer than 25 workers, including those hired directly by the customer or through a temporary employer or labor contractor.
(ii)CA Labor Code § 2810.4(a)(2)(A)(B)(ii) The state or any political subdivision of the state, including any city, county, city and county, or special district.
(iii)CA Labor Code § 2810.4(a)(2)(A)(B)(iii) A business entity, including, but not limited to, a marine terminal operator, who is not a customer, and who, incidental to the transportation of the freight for the customer, receives, makes available, or exchanges intermodal equipment, loaded or unloaded, or conducts any other transaction of equipment subject to an equipment interchange agreement with a motor carrier who is a signatory to an equipment interchange agreement.
(3)CA Labor Code § 2810.4(a)(3) “Internet web page” refers only to the port drayage motor carrier list that the Division of Labor Standards Enforcement is required to update and maintain pursuant to subdivision (b) and shall not be construed to apply to any other information about wage claims, investigations, citations, judgments, or other activities that the Division of Labor Standards Enforcement may provide to the public through its internet website.
(4)CA Labor Code § 2810.4(a)(4) “Labor” has the same meaning provided by Section 200.
(5)Copy CA Labor Code § 2810.4(a)(5)
(A)Copy CA Labor Code § 2810.4(a)(5)(A) “Port drayage motor carrier” means an individual or entity that hires or engages commercial drivers in the port drayage industry.
(B)CA Labor Code § 2810.4(a)(5)(A)(B) “Port drayage motor carrier” also means a registered owner, lessee, licensee, or bailee of a commercial motor vehicle, as defined in subdivision (b) of Section 15210 of the Vehicle Code, that operates or directs the operation of a commercial motor vehicle by a commercial driver on a for-hire or not-for-hire basis to perform port drayage services in the port drayage industry.
(C)CA Labor Code § 2810.4(a)(5)(A)(C) “Port drayage motor carrier” also means an entity or individual who succeeds in the interest and operation of a predecessor port drayage motor carrier consistent with the provisions of Section 2684.
(6)CA Labor Code § 2810.4(a)(6) “Port” means any sea or river port located in this state.
(7)CA Labor Code § 2810.4(a)(7) “Port drayage services” means the movement within California of cargo or intermodal equipment by a commercial motor vehicle whose point-to-point movement has either its origin or destination at a port, including any interchange of power units, chassis, or intermodal containers, or the switching of port drayage drivers that occurs during the movement of that freight. It shall not include employees performing the intra-port or inter-port movement of cargo or cargo handling equipment under the control of their employers.
(8)CA Labor Code § 2810.4(a)(8) “Prior offender” means a port drayage motor carrier that has had at least one of the following:
(A)CA Labor Code § 2810.4(a)(8)(A) A final court judgment, tax assessment, or tax lien that may be released to the public under federal and state disclosure laws and which arose from unlawful conduct relating to the misclassification of employees as independent contractors.
(B)CA Labor Code § 2810.4(a)(8)(B) A final Labor Commissioner citation or a Labor Commissioner order, decision, or award that arose from unlawful conduct relating to the misclassification of employees as independent contractors.
(9)CA Labor Code § 2810.4(a)(9) “Wages” has the same meaning provided by Section 200 and all sums payable to an employee or the state based upon any failure to pay wages, as provided by law.
(b)CA Labor Code § 2810.4(b) On and after January 1, 2025, a customer that, as part of its business, engages or uses a port drayage motor carrier shall share with the motor carrier or the motor carrier’s successor all civil legal responsibility and civil liability owed to a port drayage driver or the state arising out of the motor carrier’s misclassification of the driver as an independent contractor, regardless of whether or not the port drayage motor carrier is on the list established pursuant to paragraph (1) of subdivision (c). The customer shall have no liability pursuant to this subdivision under either of the following circumstances:
(1)CA Labor Code § 2810.4(b)(1) The motor carrier utilizes its own employee drivers to perform services for the  customer.
(2)CA Labor Code § 2810.4(b)(2) The motor carrier utilizes bona fide independent contractors to perform        services for the customer where each independent contractor possesses their         own operating authority and has a business relationship with the motor carrier that meets the California legal standard for being determined an independent contractor.
(c)Copy CA Labor Code § 2810.4(c)
(1)Copy CA Labor Code § 2810.4(c)(1) (A) The Division of Labor Standards Enforcement shall post on its internet web page the names, addresses, and essential information for a port drayage motor carrier with an unsatisfied final court judgment, tax assessment, or tax lien that may be released to the public under federal and state disclosure laws, including any order, decision, or award obtained by a public or private person or entity pursuant to Section 98.1 finding that a port drayage motor carrier has engaged in illegal conduct including failure to pay wages, imposing unlawful expenses on employees, failure to remit payroll taxes, failure to provide workers’ compensation insurance, or misclassification of employees as independent contractors with regard to a port drayage commercial driver.
(B)CA Labor Code § 2810.4(c)(1)(B) The Division of Labor Standards Enforcement shall post on its internet web page, to the extent permitted by federal and state disclosure laws, a list consisting of the names, addresses, and essential information for a prior offender with a subsequent judgment, ruling, citation, order, decision, or award finding that the port drayage motor carrier has violated a labor or employment law or regulation, even if all periods for appeals have not expired. If the Division of Labor Standards Enforcement receives notice that a prior offender that is listed on the division’s internet web page pursuant to this subparagraph has subsequently prevailed on appeal, the division shall remove the posting for the prior offender within 15 days after the division has determined that there remains no other basis under this section upon which to retain the prior offender’s information on the internet web page. The Division of Labor Standards Enforcement shall be required to post the prior offender to this list on the internet web page only if notice of the subsequent and prior judgment, ruling, citation, order, decision, or award is provided in a manner and format that is acceptable to the Division of Labor Standards Enforcement.
(C)CA Labor Code § 2810.4(c)(1)(C) Except as provided in subparagraph (B), the Division of Labor Standards Enforcement shall not place the information required to be posted by this paragraph on the internet web page until the period for all judicial appeals has expired.
(D)CA Labor Code § 2810.4(c)(1)(D) A posting required by this paragraph shall be removed within 15 business days after the Division of Labor Standards Enforcement determines, first, that there has been full payment of an unsatisfied judgment or any other financial liabilities for all violations identified pursuant to subparagraphs (A) and (B) or that the port drayage motor carrier has entered into an approved settlement dispensing of the judgment or liabilities and, second, that both of the following conditions have been satisfied:
(i)CA Labor Code § 2810.4(c)(1)(D)(i) The port drayage motor carrier has submitted certification, under penalty of perjury, that all violations identified pursuant to subparagraphs (A) and (B) have been remedied or abated.
(ii)CA Labor Code § 2810.4(c)(1)(D)(ii) On and after the date that the Division of Labor Standards Enforcement adopts regulations describing what constitutes “sufficient documentation” for purposes of this clause, the port drayage motor carrier has submitted sufficient documentation that all violations identified pursuant to subparagraphs (A) and (B) have been remedied or sufficiently abated.
(2)CA Labor Code § 2810.4(c)(2) No less than 15 business days before posting on its internet web page the names, addresses, and essential information for any port drayage motor carrier pursuant to paragraph (1), the Division of Labor Standards Enforcement shall provide notification by certified mail to the port drayage motor carrier which, at a minimum, shall include all of the following:
(A)CA Labor Code § 2810.4(c)(2)(A) The name, email address, and telephone number of a contact person at the division.
(B)CA Labor Code § 2810.4(c)(2)(B) The alleged conduct and a copy of the citation, unsatisfied court judgment, assessment, order, decision, or award.
(C)CA Labor Code § 2810.4(c)(2)(C) A copy of the regulations or rules of practice or procedure adopted pursuant to subdivision (l) or (m) for removal of the posting.
(3)CA Labor Code § 2810.4(c)(3) A customer that, as part of its business, engages or uses a port drayage motor carrier that is on the list established pursuant to paragraph (1) to perform port drayage services shall share with the motor carrier or the motor carrier’s successor all civil legal responsibility and civil liability owed to a port drayage driver or to the state for port drayage services obtained after the date the motor carrier appeared on the list, meaning joint and several liability with the motor carrier for the full amount of unpaid wages, unreimbursed expenses, damages, and penalties, including applicable interest and all other amounts that are found due for all of the following:
(A)CA Labor Code § 2810.4(c)(3)(A) Minimum, regular, or premium wages that are unpaid by the motor carrier, including any wages that are found due under Section 226.7, 227.3, or 246.
(B)CA Labor Code § 2810.4(c)(3)(B) Unlawful deductions by the motor carrier from wages pursuant to Section 2802.
(C)CA Labor Code § 2810.4(c)(3)(C) Out-of-pocket business expenses incurred by the commercial driver that are not reimbursed by the motor carrier as required pursuant to Section 2802.
(D)CA Labor Code § 2810.4(c)(3)(D) Civil penalties for the failure to secure valid workers’ compensation coverage as required by Section 3700.
(E)CA Labor Code § 2810.4(c)(3)(E) Employment tax assessments issued by the state.
(F)CA Labor Code § 2810.4(c)(3)(F) Civil liability stemming from the motor carrier’s failure to comply with applicable health and safety laws, rules, or regulations.
(G)CA Labor Code § 2810.4(c)(3)(G) Damages or penalties as provided for by law that are due to the commercial driver or the state based upon the failure of the motor carrier to pay wages owed, including those set forth under Sections 203, 226, 226.8, 248.5, 558, 1194.2, and 1197.1.
(H)CA Labor Code § 2810.4(c)(3)(H) Applicable interest due for any sum described above.
(4)CA Labor Code § 2810.4(c)(4) Pursuant to paragraph (3), each and every customer that engages or uses a port drayage motor carrier to provide port drayage services in a given workweek shall be jointly and severally liable with the motor carrier for the full amount of all unpaid wages, unreimbursed expenses, damages, and penalties, including applicable interest, which are found owed by the motor carrier for that workweek. The customer shall be jointly and severally liable from the time the driver is dispatched to begin work on behalf of the customer until all tasks are completed incidental to that work, including the return of an unladen chassis or intermodal container to its point of origin, and the driver is ready to be dispatched to haul freight on behalf of another customer.
(5)CA Labor Code § 2810.4(c)(5) Except as provided in subparagraphs (B), (C), and (D) of paragraph (1) of this subdivision, the Division of Labor Standards Enforcement shall update its internet web page monthly by the fifth day of each month.
(d)CA Labor Code § 2810.4(d) A customer’s liability under this section shall be determined by either one of the following:
(1)CA Labor Code § 2810.4(d)(1) The Labor Commissioner, in an administrative proceeding pursuant to Section 98, de novo appeal under Section 98.2, or pursuant to the Labor Commissioner’s citation authority under this code.
(2)CA Labor Code § 2810.4(d)(2) By a court in a civil action brought by the Labor Commissioner, or by a commercial driver or their representative, where at least 30 business days prior to filing the civil action, the Labor Commissioner, or commercial driver or representative, notifies the customer of its potential joint and several liability for any of the wages, expenses, damages, or penalties listed in paragraph (3) of subdivision (c). No civil action for a violation or enforcement of this section shall be brought pursuant to Part 13 (commencing with Section 2698) of Division 2.
(e)CA Labor Code § 2810.4(e) The joint and several liability provided by this section shall not apply as follows:
(1)CA Labor Code § 2810.4(e)(1) To customers who engage or use a port drayage motor carrier whose employees are covered by a bona fide collective bargaining agreement, if the agreement expressly provides for wages, hours of work, working conditions, a process to resolve disputes concerning nonpayment of wages, expenses, damages, and penalties listed in paragraph (3) of subdivision (c), including applicable interest, and a waiver of the joint and several liability provided by this section.
(2)CA Labor Code § 2810.4(e)(2) Except for liability established pursuant to subdivision (b), where the customer and port drayage motor carrier had an existing contract for port drayage services at the time a port drayage motor carrier is listed on the internet web page maintained by the Division of Labor Standards Enforcement and the customer wishes to terminate the agreement, joint and several liability shall not apply until the expiration of the existing contract or a period of 90 business days following the listing, whichever is shorter. This paragraph does not apply to contracts entered into, renegotiated, or extended after the date a port drayage motor carrier is listed on the internet web page.
(3)CA Labor Code § 2810.4(e)(3) Except for liability established pursuant to subdivision (b), where a port drayage motor carrier is not listed on the Division of Labor Standards Enforcement’s internet web page pursuant to subdivision (c).
(4)CA Labor Code § 2810.4(e)(4) Except for liability established pursuant to subdivision (b), where a port drayage motor carrier satisfied the conditions for removal from the internet web page pursuant to paragraph (1) of subdivision (c) prior to the time period for which the joint and several liability is alleged.
(f)CA Labor Code § 2810.4(f) A port drayage motor carrier that provides port drayage services to a customer, prior to providing these services to the customer, shall furnish the text of this section and written notice to the customer of any of the following:
(1)CA Labor Code § 2810.4(f)(1) Any unsatisfied final judgments against the motor carrier for unpaid wages, damages, unreimbursed expenses, and penalties, including applicable interest.
(2)CA Labor Code § 2810.4(f)(2) A final order from the Occupational Safety and Health Appeals Board regarding a citation, notice, order, or special order from the Division of Occupational Safety and Health finding that the employer has committed a serious violation that remains unabated, unremedied, or unsatisfied following the period for which any appeal may be made.
(3)CA Labor Code § 2810.4(f)(3) If the motor carrier is a prior offender, a subsequent judgment, ruling, citation, order, decision, or award that the Division of Labor Standards Enforcement is required to post on its internet web page pursuant to subdivision (c).
(g)CA Labor Code § 2810.4(g) A port drayage motor carrier that provides port drayage services to a customer shall provide, within 30 business days of entry of the judgment, written notice of any unsatisfied final judgments against the motor carrier for unpaid wages, damages, unreimbursed expenses, and penalties, including applicable interest, to any customer to which the motor carrier is presently providing port drayage services.
(h)CA Labor Code § 2810.4(h) The failure of the motor carrier to provide notice under subdivision (f) or (g) shall not be a defense to the joint and several liability provided by this section.
(i)CA Labor Code § 2810.4(i) A customer or port drayage motor carrier shall not take any adverse action against any commercial driver for providing notification of violations or filing a claim or civil action pertaining to unpaid wages, unreimbursed expenses, or the recovery of damages and penalties, including applicable interest.
(j)CA Labor Code § 2810.4(j) The remedies provided by this section are in addition to, and shall be supplemental of, any other theories of liability or requirement established by statute or common law.
(k)CA Labor Code § 2810.4(k) Two or more parties who are held jointly and severally liable under this section after a final judgment is rendered by the court shall not be prohibited from establishing, exercising, or enforcing by contract or otherwise, any lawful or equitable remedies, including, but not limited to, a right of contribution and indemnity against each other for liability created by acts of a port drayage motor carrier.
(l)CA Labor Code § 2810.4(l) Pursuant to the Labor Commissioner’s citation authority, a customer or a port drayage motor carrier shall provide to the Labor Commissioner any information within its possession, custody, or control required to verify compliance with applicable state laws. Upon request, the records that contain this information shall be made available promptly for inspection, and the Labor Commissioner shall be permitted to copy them.
(m)CA Labor Code § 2810.4(m) The Labor Commissioner may adopt regulations and rules of practice and procedure necessary to administer and enforce the provisions of subdivisions (c) and (l) that are under their jurisdiction.
(n)CA Labor Code § 2810.4(n) The Employment Development Department may adopt regulations and rules of practice and procedure necessary to administer and enforce the provisions of subdivision (c) that are under its jurisdiction.
(o)CA Labor Code § 2810.4(o) A waiver of this section is contrary to public policy, and is void and unenforceable.
(p)CA Labor Code § 2810.4(p) The provisions of this section are severable. If any provision of this section 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.

Section § 2810.5

Explanation

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.

(a)Copy CA Labor Code § 2810.5(a)
(1)Copy CA Labor Code § 2810.5(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)CA Labor Code § 2810.5(a)(1)(A) The rate or rates of pay and basis thereof, whether paid by the hour, shift, day, week, salary, piece, commission, or otherwise, including any rates for overtime, as applicable.
(B)CA Labor Code § 2810.5(a)(1)(B) Allowances, if any, claimed as part of the minimum wage, including meal or lodging allowances.
(C)CA Labor Code § 2810.5(a)(1)(C) The regular payday designated by the employer in accordance with the requirements of this code.
(D)CA Labor Code § 2810.5(a)(1)(D) The name of the employer, including any “doing business as” names used by the employer.
(E)CA Labor Code § 2810.5(a)(1)(E) The physical address of the employer’s main office or principal place of business, and a mailing address, if different.
(F)CA Labor Code § 2810.5(a)(1)(F) The telephone number of the employer.
(G)CA Labor Code § 2810.5(a)(1)(G) The name, address, and telephone number of the employer’s workers’ compensation insurance carrier.
(H)CA Labor Code § 2810.5(a)(1)(H) That an employee: may accrue and use sick leave; has a right to request and use accrued paid sick leave; may not be terminated or retaliated against for using or requesting the use of accrued paid sick leave; and has the right to file a complaint against an employer who retaliates.
(I)CA Labor Code § 2810.5(a)(1)(I) The existence of a federal or state emergency or disaster declaration applicable to the county or counties where the employee is to be employed, and that was issued within 30 days before the employee’s first day of employment, that may affect their health and safety during their employment.
(J)CA Labor Code § 2810.5(a)(1)(J) Any other information the Labor Commissioner deems material and necessary.
(2)CA Labor Code § 2810.5(a)(2) The Labor Commissioner shall prepare templates for the required notices that comply with the requirements of paragraphs (1) and (4). The templates shall be made available to employers in a manner as determined by the Labor Commissioner, and as set forth in subdivision (d). Commencing March 1, 2024, the template developed pursuant to paragraph (4) shall be posted on the Labor Commissioner’s internet website.
(3)CA Labor Code § 2810.5(a)(3) If the employer is a temporary services employer, as defined in Section 201.3, the notice described in paragraph (1) shall also include the name, the physical address of the main office, the mailing address if different from the physical address of the main office, and the telephone number of the legal entity for whom the employee will perform work, and any other information the Labor Commissioner deems material and necessary. The requirements of this paragraph do not apply to a security services company that is licensed by the Department of Consumer Affairs and that solely provides security services.
(4)Copy CA Labor Code § 2810.5(a)(4)
(A)Copy CA Labor Code § 2810.5(a)(4)(A) If an employee is admitted under the federal H-2A agricultural visa program pursuant to Section 1188 of Title 8 of the United States Code, the notice described in paragraph (1) shall also include, in Spanish, a separate and distinct section containing nonduplicative information succinctly describing an agricultural employee’s additional rights and protections under California law and regulations, including, but not limited to, information addressing the federal H-2A program wage rate required to be paid during the contract period; overtime wage rates; frequency of pay; pay for piece rate workers; 10-minute rest periods; 30-minute meal periods; transportation travel time compensation when required, including transportation from housing to work sites; employee housing rights; nonretaliation protections for complaints or organizing; contents of itemized wage statements; sexual harassment prohibitions; toilets; requirements regarding availability of potable water and handwashing facilities; requirements relating to hot weather working conditions and the availability of shade; pesticide exposure protections; workplace safety requirements, training and correction of hazards; transportation in defined farm labor vehicles; prohibitions against tool or equipment charges, prohibitions against deductions for meals not taken; training and necessary equipment and lighting for night work; prohibitions against use of short-handled hoes and limits on hand weeding; employee-paid health insurance; right to accrue and take sick leave; workers’ compensation coverage, disability pay, and medical care for injuries; and the right to complain to state or federal agencies and to seek advice from collective bargaining representatives or legal assistance organizations.
(B)Copy CA Labor Code § 2810.5(a)(4)(A)(B)
(i)Copy CA Labor Code § 2810.5(a)(4)(A)(B)(i) Notwithstanding paragraph (1), an employer shall provide the notice required by subparagraph (A) in Spanish to the H-2A employee on the day that the H-2A employee begins work in the state or on the first day that the employee begins work for another H-2A employer. An H-2A employee may request that the employer also provide the notice in English.
(ii)CA Labor Code § 2810.5(a)(4)(A)(B)(i)(ii) An employer who employs both H-2A and non-H-2A employees at the same time may satisfy the requirements of paragraph (1) with respect to the employer’s non-H-2A employees by opting to provide those employees with the notice required by subparagraph (A) or by providing the notice required by paragraph (1).
(b)CA Labor Code § 2810.5(b) An employer shall notify their employees in writing of any changes to the information set forth in the notice within seven calendar days after the time of the changes, unless one of the following applies:
(1)CA Labor Code § 2810.5(b)(1) All changes are reflected on a timely wage statement furnished in accordance with Section 226.
(2)CA Labor Code § 2810.5(b)(2) Notice of all changes is provided in another writing required by law within seven days of the changes.
(c)CA Labor Code § 2810.5(c) For purposes of this section, “employee” does not include any of the following:
(1)CA Labor Code § 2810.5(c)(1) An employee directly employed by the state or any political subdivision thereof, including any city, county, city and county, or special district.
(2)CA Labor Code § 2810.5(c)(2) An employee who is exempt from the payment of overtime wages by statute or the wage orders of the Industrial Welfare Commission.
(3)CA Labor Code § 2810.5(c)(3) An employee who is covered by a valid collective bargaining agreement if the agreement expressly provides for the wages, hours of work, and working conditions of the employee, and if the agreement provides premium wage rates for all overtime hours worked and a regular hourly rate of pay for those employees of not less than 30 percent more than the state minimum wage. This subdivision applies to employees admitted to the federal H-2A program only if the collective bargaining agreement provides for wage rates of not less than the federal H-2A program wage required to be paid during the contract period.
(d)CA Labor Code § 2810.5(d) Commencing March 15, 2024, an employer of an employee admitted pursuant to the federal H-2A agricultural visa program shall comply with subdivision (a) by giving workers a copy of the template developed by the Labor Commissioner in accordance with paragraph (4) of subdivision (a).

Section § 2810.7

Explanation

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.

(a)CA Labor Code § 2810.7(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 funds before the end of the plan year. Notice shall be by two different forms, one of which may be electronic.
(b)CA Labor Code § 2810.7(b) Notices made pursuant to subdivision (a) may include, but are not limited to the following:
(1)CA Labor Code § 2810.7(b)(1) Electronic mail communication.
(2)CA Labor Code § 2810.7(b)(2) Telephone communication.
(3)CA Labor Code § 2810.7(b)(3) Text message notification.
(4)CA Labor Code § 2810.7(b)(4) Postal mail notification.
(5)CA Labor Code § 2810.7(b)(5) In-person notification.

Section § 2810.8

Explanation

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.

(a)CA Labor Code § 2810.8(a) For purposes of this section, the following definitions apply:
(1)CA Labor Code § 2810.8(a)(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 with the buildings and facilities within the State of California, excluding any military base or federally operated facility.
(2)CA Labor Code § 2810.8(a)(2) “Airport hospitality operation” means a business that prepares, delivers, inspects, or provides any other service in connection with the preparation of food or beverage for aircraft crew or passengers at an airport, or that provides food and beverage, retail, or other consumer goods or services to the public at an airport. The term airport hospitality operation does not include an air carrier certificated by the Federal Aviation Administration.
(3)CA Labor Code § 2810.8(a)(3) “Airport service provider” means a business that performs, under contract with a passenger air carrier, airport facility management, or airport authority, functions on the property of the airport that are directly related to the air transportation of persons, property, or mail, including, but not limited to, the loading and unloading of property on aircraft, assistance to passengers under Part 382 (commencing with Section 382.1) of Title 14 of the Code of Federal Regulations, security, airport ticketing and check-in functions, ground-handling of aircraft, aircraft cleaning and sanitization functions, and waste removal. The term “airport service provider” does not include an air carrier certificated by the Federal Aviation Administration.
(4)CA Labor Code § 2810.8(a)(4) “Building service” means janitorial, building maintenance, or security services.
(5)CA Labor Code § 2810.8(a)(5) “Employee” means any individual who in a particular week performs at least two hours of work for an employer.
(6)CA Labor Code § 2810.8(a)(6) “Employer” means any person, including a corporate officer or executive, who directly or indirectly or through an agent or any other person, including through the services of a temporary service or staffing agency or similar entity, owns or operates an enterprise and employs or exercises control over the wages, hours, or working conditions of any employee. “Employer” also means the successor employer as set forth under paragraph (6) of subdivision (b).
(7)CA Labor Code § 2810.8(a)(7) “Enterprise” means a hotel, private club, event center, airport hospitality operation, airport service provider, or the provision of building service to office, retail, or other commercial buildings.
(8)CA Labor Code § 2810.8(a)(8) “Event center” means a publicly or privately owned structure of more than 50,000 square feet or 1,000 seats that is used for the purposes of public performances, sporting events, business meetings, or similar events, and includes concert halls, stadiums, sports arenas, racetracks, coliseums, and convention centers. The term “event center” also includes any contracted, leased, or sublet premises connected to or operated in conjunction with the event center’s purpose, including food preparation facilities, concessions, retail stores, restaurants, bars, and structured parking facilities.
(9)CA Labor Code § 2810.8(a)(9) “Hotel” means a residential building that is designated or used for lodging and other related services for the public, and containing 50 or more guest rooms, or suites of rooms (adjoining rooms do not constitute a suite of rooms). “Hotel” also includes any contracted, leased, or sublet premises connected to or operated in conjunction with the building’s purpose, or providing services at the building. The number of guest rooms, or suites of rooms, shall be calculated based on the room count on the opening of the hotel or on December 31, 2019, whichever is greater.
(10)CA Labor Code § 2810.8(a)(10) “Laid-off employee” means any employee who was employed by the employer for 6 months or more and whose most recent separation from active employment by the employer occurred on or after March 4, 2020, and was due to a reason related to the COVID-19 pandemic, including a public health directive, government shutdown order, lack of business, a reduction in force, or other economic, nondisciplinary reason due to the COVID-19 pandemic. There shall be a presumption that a separation due to a lack of business, reduction in force, or other economic, nondisciplinary reason is due to a reason related to the COVID-19 pandemic, unless the employer establishes otherwise by a preponderance of the evidence.
(11)CA Labor Code § 2810.8(a)(11) “Length of service” means the total of all periods of time during which an employee has been in active service with the employer, based on the employee’s date of hire, including periods of time when the employee was on leave or on vacation.
(12)CA Labor Code § 2810.8(a)(12) “Person” means an individual, corporation, partnership, limited partnership, limited liability partnership, limited liability company, business trust, estate, trust, association, joint venture, agency, instrumentality, or any other legal or commercial entity, whether domestic or foreign.
(13)CA Labor Code § 2810.8(a)(13) “Private club” means a private, membership-based business or nonprofit organization that operates a building or complex of buildings containing at least 50 guest rooms or suites of rooms that are offered as overnight lodging to members. The number of guest rooms or suites of rooms shall be calculated based on the room count on the opening of the private club or on December 31, 2019, whichever is greater.
(b)Copy CA Labor Code § 2810.8(b)
(1)Copy CA Labor Code § 2810.8(b)(1) Within five business days of establishing a position, an employer shall offer its laid-off employees in writing, either by hand or to their last known physical address, and by email and text message to the extent the employer possesses such information, all job positions that become available after the effective date of this section for which the laid-off employees are qualified. A laid-off employee is qualified for a position if the employee held the same or similar position at the enterprise at the time of the employee’s most recent layoff with the employer.
(2)CA Labor Code § 2810.8(b)(2) The employer shall offer positions to laid-off employees in an order of preference subject to paragraph (1) and this paragraph. If more than one employee is entitled to preference for a position, the employer shall offer the position to the laid-off employee with the greatest length of service based on the employee’s date of hire for the enterprise.
(3)CA Labor Code § 2810.8(b)(3) A laid-off employee who is offered a position pursuant to this section shall be given at least five business days, from the date of receipt, in which to accept or decline the offer. A “business day” is any day except Saturday, Sunday, or any official state holiday. An employer may make simultaneous, conditional offers of employment to laid-off employees, with a final offer of employment conditioned on application of the preference system set forth in paragraph (2).
(4)CA Labor Code § 2810.8(b)(4) An employer must retain the following records for at least three years, measured from the date of the written notice regarding the layoff, for each laid-off employee: the employee’s full legal name; the employee’s job classification at the time of separation from employment; the employee’s date of hire; the employee’s last known address of residence; the employee’s last known email address; the employee’s last known telephone number; and a copy of the written notices regarding the layoff provided to the employee and all records of communications between the employer and the employee concerning offers of employment made to the employee pursuant to this section.
(5)CA Labor Code § 2810.8(b)(5) An employer that declines to recall a laid-off employee on the grounds of lack of qualifications and instead hires someone other than a laid-off employee shall provide the laid-off employee a written notice within 30 days including the length of service with the employer of those hired in lieu of that recall, along with all reasons for the decision.
(6)CA Labor Code § 2810.8(b)(6) This section also applies in any of the following circumstances:
(A)CA Labor Code § 2810.8(b)(6)(A) The ownership of the employer changed after the separation from employment of a laid-off employee but the enterprise is conducting the same or similar operations as before the COVID-19 state of emergency.
(B)CA Labor Code § 2810.8(b)(6)(B) The form of organization of the employer changed after the COVID-19 state of emergency.
(C)CA Labor Code § 2810.8(b)(6)(C) Substantially all of the assets of the employer were acquired by another entity that conducts the same or similar operations using substantially the same assets.
(D)CA Labor Code § 2810.8(b)(6)(D) The employer relocates the operations at which a laid-off employee was employed before the COVID-19 state of emergency to a different location.
(c)CA Labor Code § 2810.8(c) No employer shall refuse to employ, terminate, reduce in compensation, or otherwise take any adverse action against any laid-off employee as defined in subdivision (a) for seeking to enforce their rights under this section, for participating in proceedings related to this section, opposing any practice proscribed by this section, or otherwise asserting rights under this section. This subdivision shall also apply to any employee or laid-off employee who mistakenly, but in good faith, alleges noncompliance with this section.
(d)CA Labor Code § 2810.8(d) The Division of Labor Standards Enforcement shall have exclusive jurisdiction to enforce this section. This section may be enforced only as follows:
(1)CA Labor Code § 2810.8(d)(1) A laid off employee may file a complaint with the Division of Labor Standards Enforcement for violations of this section and may be awarded any or all of the following, as appropriate:
(A)CA Labor Code § 2810.8(d)(1)(A) Hiring and reinstatement rights pursuant to this section.
(B)CA Labor Code § 2810.8(d)(1)(B) Front pay or back pay for each day during which the violation continues, which shall be calculated at a rate of compensation not less than the highest of any of the following rates:
(i)CA Labor Code § 2810.8(d)(1)(B)(i) The average regular rate of pay received by the laid-off employee during the last three years of that employee’s employment in the same occupation classification.
(ii)CA Labor Code § 2810.8(d)(1)(B)(ii) The most recent regular rate received by the laid-off employee while employed by the employer.
(iii)CA Labor Code § 2810.8(d)(1)(B)(iii) The regular rate received by an employee occupying the position in place of the laid-off employee that should have been employed.
(C)CA Labor Code § 2810.8(d)(1)(C) Value of the benefits the laid-off employee would have received under the employer’s benefit plan.
(2)CA Labor Code § 2810.8(d)(2) No criminal penalties shall be imposed for violation of this section.
(3)CA Labor Code § 2810.8(d)(3) Any employer, agent of the employer, or other person who violates or causes to be violated the provisions of this section shall be subject to a civil penalty of one hundred dollars ($100) for each employee whose rights under these provisions are violated and an additional sum payable as liquidated damages in the amount of five hundred dollars ($500), per employee, for each day the rights of an employee under this section are violated and continuing until such time as the violation is cured, which shall be recovered by the Labor Commissioner, deposited into the Labor and Workforce Development Fund, and paid to the employee as compensatory damages.
(4)CA Labor Code § 2810.8(d)(4) The Labor Commissioner shall enforce this section, including investigating an alleged violation and ordering appropriate temporary relief to mitigate the violation pending the completion of a full investigation or hearing, through the procedures set forth in Section 98.3, 98.7, 98.74, or 1197.1, including by issuance of a citation against an employer who violates this section and by filing a civil action. If a citation is issued, the procedures for issuing, contesting, and enforcing judgments for citations and civil penalties issued by the Labor Commissioner shall be the same as those set out in Section 98.74 or 1197.1, as appropriate.
(5)CA Labor Code § 2810.8(d)(5) In an action brought by the Labor Commissioner for enforcement of this section, the court may issue preliminary and permanent injunctive relief to vindicate the rights of employees.
(6)CA Labor Code § 2810.8(d)(6) In an administrative or civil action brought under this section, the Labor Commissioner or court, as the case may be, shall award interest on all amounts due and unpaid at the rate of interest specified in subdivision (b) of Section 3289 of the Civil Code.
(7)CA Labor Code § 2810.8(d)(7) The remedies, penalties, and procedures provided under this section are cumulative.
(e)CA Labor Code § 2810.8(e) The Division of Labor Standards Enforcement may promulgate and enforce rules and regulations, and issue determinations and interpretations, consistent with and necessary for the implementation of this section. Those rules and regulations, determinations, and interpretations shall have the force of law and may be relied upon by employers, employees, and other persons to determine their rights and responsibilities under this section.
(f)CA Labor Code § 2810.8(f) Nothing in this section shall prohibit a local governmental agency from enacting ordinances that impose greater standards than, or establish additional enforcement provisions to, those prescribed by this section. This section shall not be construed to limit a discharged employee or eligible employee’s right to bring a common law cause of action for wrongful termination.
(g)CA Labor Code § 2810.8(g) All of the provisions of this section, or any part of this section, may be waived in a valid collective bargaining agreement, but only if the waiver is explicitly set forth in that agreement in clear and unambiguous terms. Unilateral implementation of terms and conditions of employment by either party to a collective bargaining relationship shall not constitute or be permitted as a waiver of all or any part of the provisions of this section.
(h)CA Labor Code § 2810.8(h) The provisions of this section are severable. If any provision of this section 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.
(i)CA Labor Code § 2810.8(i) This section shall remain in effect only until December 31, 2025, and as of that date is repealed.