Section § 1

Explanation
This section simply states that this piece of legislation is officially called the Labor Code.
This act shall be known as the Labor Code.

Section § 2

Explanation

This rule says that if any part of the labor code looks a lot like old laws on the same topic, it's meant to continue those old laws, not start something new.

The provisions of this code, in so far as they are substantially the same as existing provisions relating to the same subject matter, shall be construed as restatements and continuations thereof and not as new enactments.

Section § 3

Explanation

This law ensures that anyone currently holding an office that was created under a previous law, but continues under the new labor code, can stay in their position as they did before the change.

All persons who, at the time this code goes into effect, hold office under any of the acts repealed by this code, which offices are continued by this code, continue to hold the same according to the former tenure thereof.

Section § 4

Explanation

This section means that if a legal action was started or a right was established before the education code came into effect, those won't be changed by the new code. However, future steps in those cases should follow the new rules as much as they can.

No action or proceeding commenced before this code takes effect, and no right accrued, is affected by the provisions of this code, but all procedure thereafter taken therein shall conform to the provisions of this code so far as possible.

Section § 5

Explanation

This law section establishes that the general rules explained afterwards should be used to interpret the rest of the labor code, unless it's clear that a different understanding is needed based on the specific context.

Unless the context otherwise requires, the general provisions hereinafter set forth shall govern the construction of this code.

Section § 6

Explanation

This law states that the headings (or titles) you see in legal documents, like division, part, chapter, article, and section headings, do not change or influence what the actual content of those sections means. They're just there for organization and do not alter the law's intent or scope.

Division, part, chapter, article, and section headings contained herein shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning, or intent of the provisions of any division, part, chapter, article, or section hereof.

Section § 7

Explanation

This law says that if a public officer is given a certain power or responsibility by this code, that power or duty can also be carried out by the officer's deputy or someone legally authorized to do so.

Whenever, by the provisions of this code, an administrative power is granted to a public officer or a duty imposed upon such an officer, the power may be exercised or the duty performed by a deputy of the officer or by a person authorized pursuant to law.

Section § 8

Explanation

This law defines 'writing' as any recorded message that can be understood by looking at it. Whenever reports, statements, or records are needed, they must be in writing.

If the law says a notice needs to be sent by registered mail, using certified mail is good enough.

Writing includes any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement or record is required by this code, it shall be made in writing.
Wherever any notice or other communication is required by this code to be mailed by registered mail by or to any person or corporation, the mailing of such notice or other communication by certified mail shall be deemed to be a sufficient compliance with the requirements of law.

Section § 9

Explanation

This law means that if a law or section of the law is mentioned, it includes any changes or new parts that were or will be added to it in the future.

Whenever any reference is made to any portion of this code or of any other law of this State, such reference shall apply to all amendments and additions thereto now or hereafter made.

Section § 10

Explanation

This law section defines "Section" as referring to a part of this specific legal code, unless another law is specifically mentioned.

“Section” means a section of this code unless some other statute is specifically mentioned.

Section § 11

Explanation

This rule means that when interpreting legal documents, references to actions in the present tense can also apply to those actions if they happened in the past or will happen in the future.

The present tense includes the past and future tenses; and the future, the present.

Section § 12

Explanation

This law states that whenever the masculine gender is used in any legal text, it also includes the feminine and neutral genders. Essentially, any legal text using 'he' or 'him' applies to 'she' or 'her' as well.

The masculine gender includes the feminine and neuter.

Section § 12.1

Explanation

This section clarifies that whenever the word "man" or "men" appears in California labor laws, it should be understood to mean "person" or "persons." This change is meant to occur when those laws are being updated for any other reason. The intent is to make the language more inclusive and reflective of all people, rather than just men. It's important to note that this change is a clarification of current law, not a new modification.

The Legislature hereby declares its intent that the terms “man” or “men” where appropriate shall be deemed “person” or “persons” and any references to the terms “man” or “men” in sections of this code be changed to “person” or “persons” when such code sections are being amended for any purpose. This section is declaratory and not amendatory of existing law.

Section § 12.2

Explanation

This law clarifies that when California legal language mentions a 'spouse,' it also means a 'registered domestic partner,' ensuring equal treatment under the law.

“Spouse” includes “registered domestic partner,” as required by Section 297.5 of the Family Code.

Section § 13

Explanation

This law means that when you see a word in the singular form, it can also imply the plural, and vice versa. It helps in interpreting documents and contracts to ensure they are understood correctly.

The singular number includes the plural, and the plural the singular.

Section § 14

Explanation

This law simply states that whenever you see the word 'county' in this context, it also means 'city and county.'

“County” includes “city and county.”

Section § 15

Explanation

This legal section clarifies the meaning of two words often used in laws. "Shall" means you must do something, while "may" means you have the option to do it but it's not required.

“Shall” is mandatory and “may” is permissive.

Section § 16

Explanation

This section explains that in the context of this law, whenever someone refers to an 'oath,' it also covers affirmations. This means both sworn oaths and solemn affirmations are considered equivalent.

“Oath” includes affirmation.

Section § 17

Explanation

In California, if someone cannot write their signature, they can instead use a mark. A witness must write the signer's name near this mark and add their own signature next to it. For the mark to be valid on a sworn statement, two witnesses must sign their names next to it.

“Signature” or “subscription” includes mark when the signer or subscriber can not write, such signer’s or subscriber’s name being written near the mark by a witness who writes his own name near the signer’s or subscriber’s name; but a signature or subscription by mark can be acknowledged or can serve as a signature or subscription to a sworn statement only when two witnesses so sign their own names thereto.

Section § 18

Explanation

This law defines the term "person" to include not only individual people but also associations, organizations, partnerships, business trusts, limited liability companies, and corporations.

“Person” means any person, association, organization, partnership, business trust, limited liability company, or corporation.

Section § 18.5

Explanation

This law defines the term "Agency" as referring to the Labor and Workforce Development Agency.

“Agency” means the Labor and Workforce Development Agency.

Section § 19

Explanation

This section defines the term "Department" as referring specifically to the Department of Industrial Relations.

“Department” means Department of Industrial Relations.

Section § 19.5

Explanation

This section defines the term 'Secretary' as referring to the Secretary of Labor and Workforce Development.

“Secretary” means the Secretary of Labor and Workforce Development.

Section § 20

Explanation

The term 'Director' refers specifically to the Director of Industrial Relations.

“Director” means Director of Industrial Relations.

Section § 21

Explanation

The term "Labor Commissioner" refers to the person in charge of the Division of Labor Standards Enforcement.

“Labor Commissioner” means Chief of the Division of Labor Standards Enforcement.

Section § 22

Explanation

A "violation" happens when someone doesn't follow any rules or requirements set by the code.

“Violation” includes a failure to comply with any requirement of the code.

Section § 23

Explanation

This law states that if an offense is categorized as a misdemeanor under this code, the punishment can be up to six months in a county jail, a fine up to $1,000, or both, unless another punishment is specified.

Except in cases where a different punishment is prescribed, every offense declared by this code to be a misdemeanor is punishable by imprisonment in a county jail, not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000), or both.

Section § 24

Explanation

This section says that if any part of this labor code is found to be invalid or not applicable to a specific person or situation, it doesn't impact the rest of the code. The rest of the code will still remain in effect for other people and situations.

If any provision of this code, or the application thereof to any person or circumstances, is held invalid the remainder of the code, and the application of its provisions to other persons or circumstances, shall not be affected thereby.

Section § 25

Explanation

This section explains that whenever the term 'sheriff' is used, it also refers to a 'marshal.' Essentially, both roles are considered equivalent within the context of this law.

“Sheriff” includes “marshal.”

Section § 26

Explanation

This law states that a person cannot be denied a new professional license just because they were previously convicted of a crime, as long as they've been rehabilitated. Specifically, if they've obtained a certificate of rehabilitation and their probation is finished with their charges dismissed, they are still eligible to receive a license.

Notwithstanding any other provision of this code, no person who has not previously obtained a license regulated by this code shall be denied a license solely on the basis that he has been convicted of a crime if he has obtained a certificate of rehabilitation under Section 4852.01 and following of the Penal Code, and if his probation has been terminated and the information or accusation has been dismissed pursuant to Section 1203.4 of the Penal Code.

Section § 27

Explanation

This section clarifies that anytime you encounter the terms "workers’ compensation judge" or "workers’ compensation referee" related to workers' compensation law, it should be understood to mean "workers’ compensation administrative law judge."

Whenever the term “workers’ compensation judge” or “workers’ compensation referee” is used in this code in connection with the workers’ compensation law, the term shall mean “workers’ compensation administrative law judge.”

Section § 28

Explanation

This law clarifies that for any injuries happening on or after January 1, 1991, the phrase 'independent medical examiner' should be understood as 'qualified medical evaluator' within this code.

For injuries occurring on and after January 1, 1991, whenever the term “independent medical examiner” is used in this code, the term shall mean “qualified medical evaluator.”

Section § 29

Explanation

This section defines 'medical director' as the physician chosen by the administrative director according to the guidelines in Section 122.

“Medical director” means the physician appointed by the administrative director pursuant to Section 122.

Section § 29.5

Explanation

Every year, the Governor of California will make an official announcement marking April 28 as Workers' Memorial Day. This day is set aside to honor and remember the bravery and honesty of workers in the United States. People are encouraged to recognize and observe the day in a fitting way.

The Governor shall annually issue a proclamation declaring April 28 as Workers’ Memorial Day in remembrance of the courage and integrity of American workers, and recommending that the day be observed in an appropriate manner.