Unemployment CompensationViolations
Section § 2101
This section makes it illegal to intentionally lie or hide important information to improperly gain, increase, or reduce benefits under various unemployment-related laws. This includes using false identities or social security numbers. The laws affected include state provisions and several federal benefit-related laws like unemployment insurance and training allowances. Additionally, it clarifies that violating this section doesn't stop other legal penalties, such as those under Section 470 of the Penal Code.
Section § 2101.5
This law states that it's illegal to intentionally lie or leave out important information to reduce or dodge any required contributions or to avoid being governed by the rules in this division.
Section § 2101.6
This law makes it illegal for any person or business to cause someone to lie or hide important facts to reduce or evade payments or responsibilities linked to certain legal obligations. Specifically, it's against the law to help or encourage someone to make false statements or hide facts for these reasons. The term 'business entity' includes various kinds of companies and legal organizations, such as partnerships, corporations, and Indian tribes.
Section § 2102
This section makes it illegal for anyone living in California to intentionally lie or hide important information to get or boost unemployment benefits from another state. It also clarifies that this does not stop other legal rules from being applied to such dishonest actions.
Section § 2103
This law says that employers or their representatives cannot take more money from a worker's paycheck than what is needed for their required contributions, like unemployment insurance.
Section § 2104
This law makes it illegal for any employer or their representative to deliberately not show up, testify, or provide necessary documents at a hearing related to employment under this division.
Section § 2105
This law states that it is against the rules for a business or its representatives to intentionally not provide records that are required, when asked by officials for inspection during normal business hours. In simpler terms, businesses must keep their records ready and accessible for review by the proper authorities when needed.
Section § 2106
This law states that it's illegal for any employer, or their officers or agents, to intentionally and unlawfully avoid providing necessary reports to the director, which are required for enforcing certain regulations.
Section § 2107
This law makes it illegal for any employer or their associates, like managers or officers, to intentionally help someone get unemployment benefits they shouldn't have. This includes lying or not sharing important information on purpose.
Section § 2108
This law makes it illegal for someone to intentionally not pay required contributions that are due as specified in this division.
Section § 2109
This law section states that any person responsible for managing a corporation, association, or limited liability company must register it as an employing unit and submit all necessary tax and earnings reports. Failing to do so on purpose is considered a violation.
Section § 2110
This law states that if anyone in charge of running a business, like a partner, corporate officer, or manager, knowingly keeps the money deducted from employees' paychecks for taxes or other payments and intentionally does not send that money to the state when it's due, they are breaking the law.
Section § 2110.3
This law states that if a company or its officers, like partners, corporate officers, or managers, knowingly agree to cover the payments that workers are supposed to contribute to the Disability Fund but then fail to pay them on time or can't afford to pay them, they are breaking the law.
Section § 2110.5
This law says that if a company or its leaders don't properly hold back the required deductions from employees' pay, they're breaking the law. These deductions are usually the worker contributions to things like taxes or insurance. The rule doesn't apply if the company agrees to cover those costs without taking them from workers' paychecks.
Section § 2110.7
This law states that if anyone in charge of a business, like a partner, company officer, or manager, knowingly decides to pay the workers' required contributions to the Disability Fund without deducting it from their paychecks, and intentionally doesn't keep the workers' contributions as they should, they are breaking the law. Basically, the person responsible has to make sure the workers' contributions to the Disability Fund are correctly managed and not coming out of the business’s pocket without deductions.
Section § 2111
This law makes it clear that, with a few exceptions, information gathered while managing this area of law is confidential. It cannot be published or made available to the public. Anyone working for the state or its subdivisions who accesses these records and shares them without permission is breaking the law.
Section § 2112
This law states that if someone intentionally breaks any rule within this division or a regulation made under it, they are violating this chapter, unless exceptions listed in related sections apply.
Section § 2113
This law allows the department to accept voluntary repayment of benefits that were overpaid due to someone intentionally lying or hiding important information. This option is available if repayment is made before a criminal complaint is filed, and it's only possible if the person hasn't been involved in similar fraud in the last three years. The department must inform the person at least 10 days before filing a complaint, giving them a chance to repay the benefits to avoid criminal charges. However, if the person doesn't follow through with the repayment plan, the department can still pursue criminal charges. Any money recovered is returned to the original fund that was overpaid.
Section § 2114
This law says that if someone intentionally tricks the department by creating fake employers, employees, or wage details to get benefits or make those benefits bigger for themselves or someone else, they're breaking the law.
Section § 2115
This law states that if an employer, or someone representing an employer, intentionally lies about an employee's wages or the period when those wages were earned to wrongly get or increase benefits for the employee, they're breaking the law.
Section § 2116
This law makes it illegal to do a few specific things concerning disability insurance benefits in California. You can't falsely claim a medical condition to get benefits. Also, you can't submit false information to support these claims. Accepting or offering money or other incentives to persuade someone to apply for these benefits is also prohibited unless it's legal under a specific section of another code. Lastly, helping, encouraging, or plotting with anyone to break these rules is also against the law.
Section § 2117
This law states that if someone fails to file a required return or report, or provides false or fraudulent information, they can be fined up to $1,000 and face misdemeanor charges. They could also be imprisoned for up to a year, or face both a fine and imprisonment, depending on what the court decides.
Section § 2117.5
If someone intentionally doesn't file a required tax return or report on time, or they provide false or fraudulent tax information to avoid paying taxes, they can be punished severely. This could include spending up to one year in a county jail or time in state prison, paying a fine up to $20,000, or both. The court decides what punishment is appropriate.
Section § 2118
This law states that if a person or employer doesn't withhold or pay the taxes they should according to Section 13020, they can be charged with a misdemeanor. If convicted, they might have to pay a fine up to $1,000, face up to a year in jail, or both, depending on the court's decision.
Section § 2118.5
If someone is legally required to collect, manage, and send certain taxes or withheld amounts, and they intentionally do not do this, they're committing a felony. If convicted, they can be fined up to $20,000, sent to jail, or face both, depending on the court's decision.
Section § 2119
This law states that if a person or employer who is supposed to provide specific information under Section 13050 gives false or misleading information, or fails to provide the required information properly or on time, they are breaking the law.
Section § 2120
This law states that if you deliberately give false or misleading information, or fail to provide necessary information to your employer as required by certain sections, which would lead to an increase in withheld taxes, you are breaking the law.
Section § 2121
This law section states that anyone who intentionally helps or advises someone to prepare or submit a false or fraudulent document related to this code is breaking the law. This holds true even if the authorized person didn't know about or agree to the false information.
Section § 2122
If someone breaks this law, the punishment can include up to one year in county jail, time in state prison, a fine up to $20,000, or both jail time and a fine. The court decides the exact punishment.
Section § 2122.5
This law states that if a court issues a fine for a violation under this chapter, excluding fines from Sections 2101 and 2102, the prosecutor's office that filed the complaint receives the payment. However, if the department or another government unit referred the case to the prosecutor, half of the fine goes to that governmental unit.
Section § 2123
This section implies that if the department certifies that a required return or report hasn't been filed, or that necessary information hasn't been provided, that certification automatically serves as initial evidence of non-compliance. Essentially, the department's statement can be used as proof that someone didn't do what they were supposed to do according to Division 6, starting at Section 13000.
Section § 2124
This law section explains where a trial can take place for certain offenses. The trial can happen in the county where the defendant lives or has their main business, where they conducted the business leading to the alleged offenses, or where any money or property from the offenses was obtained. If none of these locations are appropriate, the trial will be held in Sacramento County.
Section § 2125
This law states that any legal action or prosecution must start within four years after the offense is discovered. This means you have four years from the time you find out about the issue to take legal steps.
Section § 2126
If someone or a business is found guilty of a crime under this law, the court can decide to make them pay for the costs related to investigating and prosecuting the case.
Section § 2127
This law allows the prosecutor, with the department's approval, to negotiate and settle penalties related to actions under this chapter. These penalties can be added to other penalties outlined in both this code and specific sections of the Revenue and Taxation Code.
Section § 2128
This California law states that employers who provide wage statements to undocumented workers, upon their request, for the purpose of legalization under federal immigration law, won't face penalties or legal action based on what those documents reveal.
However, this protection doesn't apply if they produce false documents or if they've withheld taxes and not paid them to the state. These provisions don't affect penalties filed before May 1, 1987. The immunity only covers facts shared in documents provided after the law's effective date and remains in place until the legalization provisions of the federal act expire or legal time limits run out.
Section § 2129
This section defines who can be considered a "person" under this chapter. It includes claimants for benefits, and anyone such as officers, employees, directors, partners, or agents involved in an employer's actions that may have violated the law. It covers both individuals and legal entities. Multiple people can be charged if they share control over the employer's operations related to the violation.