Chapter 1:
Selected (not all) Employment Law Requirements by Company Size for California Employers

Key

CCC = California Civil Code
CCCP = California Code of Civil Procedure
CCR = California Code of Regulations
CEC = California Elections Code
CFC = California Family Code
CFR = Code of Federal Regulations
CGC = California Government Code
CH&S = California Health and Safety Code
CIC = California Insurance Code
CLC = California Labor Code
CM&VC = California Military and Veterans
Code
CPC = California Penal Code
CUIC = California Unemployment Insurance Code

DOL = Department of Labor - Federal
DOT = Department of Transportation
EPA = Equal Pay Act
EO = Executive Order (Presidential)
FEHA = Fair Employment & Housing Act (CA)
et seq = Et sequens (and the following one or ones)
GISO = General Industry Safety Orders (CA)
IRCA = Immigration Reform and Control Act
M&VC = Military and Veterans Code (CA)
T = Title
USC = United States Code
§ = Section
§§ = Sections

 

One or More Employee

Age Discrimination (State) C GC 12941 et seq.

Agriculture Labor Relations Act (State) CLC §1140 et seq.

Applicant Identification Records (State) enter section 7287.0(b) T2 of CCR

Change of Status Notification Requirement (State-EDD) CUIC §1089

Child Labor Laws (Federal & State) CLC §1299

Civil Rights Act title 42 of USC section 1981 , title 42 of USC section 1983

Confidentiality of Medical Information Act (State) CCC §56.20 et seq.

Corporate Criminal Liability Act (State) CPC §387

Disability Insurance Coverage - SDI (State) CUIC §2601 et seq. See also, Paid Family Leave - PFL

Domestic Partner Rights (State) CFC §297 et seq.

Domestic Violence - (Employee restraining orders) (State) CCC §527.8 , and CPC §646.91 . No discrimination for court appearances CLC§230 See Twenty Five or More Employees section for additional law.

Dress Code Requirements (State) CGC §12947.5

Drug Free Workplace (State) (Applies to any state contractor or grant recipient) CGC §8350 et seq.

Drug Testing - DOT (Federal) title 49 of USC section 31133 drug alcohol testing regulations 49 CFR §382.101 et seq. and at Federal Motor Carrier Safety Administration website

Earned Income Tax Credit Information Act (State) starting in '08, notice requirement Section 19850, Revenue and Taxation Code.

Economic Espionage Act (Federal) title 18 of USC section 1831 trade secrets. See Trade Secrets Act (State) below.

Employee Invention Rights (State) CLC §2870 et seq.

Employee Polygraph Protection Act (State & Federal) CLC §432.2(a) et seq., title 29 of USC section 2001 et seq.

Employee Registry - New Hire Reporting (State) CUIC §1088.5

Employment laws applicable regardless of immigration status (State) CLC 1171.5

Equal Pay Act (State) CLC §§1197.5, 1199, 1199.5

Equal Pay Act (Federal) (EPA applies to employers engaged in interstate or foreign commerce with annual gross sales of $500,000 or more) 29 CFR §1620.1

Ergonomics (State) §5110 of Title 8 of CCR

Fair Credit Reporting Act (Federal/State) (Employment Reference Checking) title 15 of USC section 1681 , CCC §1785.1 et seq., CCC §47(c)

Garnishments-Wage (Federal/State) title 15 of USC section 1601 et seq., CCCP §706.010 et seq.

Harassment - Age, Sex, Religion etc. (State) Harassment, conduct not necessary for the performance of a supervisor's job, as opposed to discrimination by company policy or delegable authority. Reno v. Baird, 18 Cal.4th 640 (1998) CGC §12940(h)(3)(A)

Harassment, race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, sexual orientation or age (State) Fair Employment & Housing Act (FEHA) CGC §12940 et seq., (federal) title 42 of USC section 1981 et seq. title 42 of USC section 2000e et seq.

Hazardous Substances Information and Training Act (State) (If hazardous materials/chemicals at site) CLC §6360 et seq. Hazardous Communication GISO §5194

Health Insurance Portability Accountability Act (HIPAA) (Federal) title 29 of USC section 1181 et seq.

Health Insurance Premium Payments (HIPP) (State) CH&S §1357.5 et seq., CIC §10198.7 , CIC §10273.4

Immigration Reform and Control Act (Federal ) (I-9 Form Requirement) 8 CFR §274a.2

Injury/Illness Prevention Plans (IIPP) (State) CLC §6401.7 T8 CCR 3203

Insurance Conversion Privileges (State) CLC §2808(b)

Jury/Witness Duty Leave (State) CLC §230

Lactation, express breast milk accommodation (State) CLC §1030-1033

Military Duty Leave (State & Federal) CM & VC §394.5 , CM & VC §§394, 394.5, 395 , title 38 of USC section 4301 et seq.

National Labor Relations Act title 29 of USC section 157 et seq.

No Smoking Policy (State) CLC §6404.5

OSHA (State) CLC §6300 et seq.

Paid Family Leave (State) CUIC §2601 et seq.

Personnel records, employee review rights (State) CLC 226(b)(c)

School Visits for Suspended Child (State) CLC §230.7

Sick Leave Usage - for care of family (State) CLC §233

Summary Plan Description & Annual Rep Form 5500's. Required Under Federal ERISA e.g., Health and Welfare Plans, Retirement/ Pension Plans, Severance Plans, etc.) title 29 of USC section 1021 et seq.

Time off to Vote (State) CEC §§14000, 14001

Trade Secrets Act (State) CCC §3426 et seq. Employers may make rules prohibiting disclosure CLC §1102.5(a)(c)

Unemployment Insurance Coverage (UI) (State/Federal) CUIC §§1-21 et seq. 26 USC §3301 et seq.

Veterans "Reemployment Law" (Federal) 38 USC §4313 - DOL veteran information

Wage & Hour Provisions - FLSA (Federal) (Applies to employers engaged in interstate or foreign commerce with yearly gross sales of $500,000 or more) 29 USC §201 et seq. DOL FLSA information

Wage and Hour Provisions - IWC Orders (State)

Whistleblower Protection Act (State) FEHA CGC §12940(e)-(f)

Workers' Comp Insurance Coverage (State) CLC §3700 et seq.


Two to Nineteen Employees:

Cal-COBRA (State) CH&S §1366.20 see also Cal-COBRA FAQs


Four or More Employees:

National Origin Discrimination (Federal) (IRCA covers those employers not covered by Title VII) title 8 of USC section 1324B(a)(2)(A)


Five or More Employees:

Fair Employment Practice Laws (State) CGC §12940 et seq

Pregnancy Disability Leave (State) CGC §12945(b)(2)


Fifteen or More Employees:

Americans With Disabilities Act (Federal) title 42 of USC section 12111 et seq.

Equal Employment Opportunity (Federal) (Title VII, Civil Rights Act 1964) title 42 of USC section 2000e et seq.


Twenty or More Employees:

Age Discrimination (ADEA) (Federal) title 29 of USC section 630 et seq.

COBRA - Continuation of Health Care Coverage (Federal) 26 CFR 54.4980B-1 or title 26 of USC section 4980B

COBRA notices to terminated employees must include a HIPP CLC 2807 notice.

California COBRA requires continuation of coverage for up to 18 months CH&S §1366.20 at the end of Federal COBRA.


Twenty-Five or More Employees:

Victims of Domestic Violence Leave Act CLC §230.1 - see also, One or More Employees Section.

Drug/Alcohol Rehabilitation (State) CLC §1025 et seq.

Literacy Education for Employees Act (State) CLC §1041 et seq.

Military Service Benefits - leave for spouse (State) M&VC 395.10

School Visitation by Parents, Guardians, Grandparents (State) CLC §230.8


Fifty or More Employees:

California Family Rights Act (CFRA) CGC §12945.2

FEHA (see also One or More Employees) - Required sexual harassment training CGC §12950.1

Federal Family Leave and Medical Leave Act 29 CFR 825.104 DOL FMLA information

Mental Health Parity Act title 29 of USC section 1185a et seq

Volunteer firefighters, up to 14 days annual leave CLC §230.4 ,


Seventy Five or More Employees:

California Layoff Law, Relocations, Terminations, & Mass Layoffs CLC §1400 et seq


One Hundred or More Employees:

Car Pooling (Option under Rule 2202 of SCAQMD) (applies to companies with 250 employees see Rule for details).

Employee Information Reports (EEO-1 Forms) (Federal) 29 CFR section 1602.7

Employer Information Reports (CEIR) (State) Title 2 CCR enter section number 7287.0 et seq.

Plant Closure Law (Warn Act) (Federal) title 29 of USC section 2101 et seq.


Federal/State Contractors:

Drug Free Workplace (Federal, Contracts of $25,000 or More title 41 USC section 701 et seq. (State), CGC §8350 et seq.

Rehabilitation Act - Affirmative Action Plan (AAP) (Federal Contracts $10,000 or more, Prime Subcontracts title 29 USC section 793 , and institutions receiving financial assistance from the federal government of more than $2,500)

Veterans AAP (Federal Contracts of $10,000 or more) title 38 of USC (Chapter 42) section 4211

Veterans: Vets 100 report must be filed (Federal contracts of $25,000 or more) title 38 of USC (Chapter 42) section 4211

Written AAP (Contracts with the State or Federal Government of $50,000 or more) EO 11246


Prevailing Wage, Fringe Benefit and Overtime Requirements:

Federal:

Davis-Bacon Act - governs on-site construction (Federal Contracts in excess of $2,000) title 40 of USC section 276(a)

Walsh Healey Public Contracts Act - governs production of goods (Federal contracts in excess of $10,000) title 40 of USC section 329

Service Contract Act (McNamara-O'Hara Act) governs services provided through use of service employees. Federal Contracts in excess of $2,500) title 41 of USC section 351

State:

California Public Works Act - Includes any construction, alteration, demolition, or repair work performed under contract for the state. CLC §1720 et seq

California prevailing wage information.


Note:

Check with your city and county governments for laws that would not be on this list. For example, Los Angles has a wage ordinance for businesses that applies to companies contracting with the city - Living Wage Ordinance, Los Angeles Administrative Code, Division 10, Chapter 1, Article 11. San Francisco, has ordinances mandating paid sick leave, health insurance and establishing a minimum wage within the city.

 

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