citation: LAB § 1410

text:
(a) A call center employer shall not order a relocation of its call center, or one or more of its facilities or operating units within a call center, unless notice of the relocation is provided in accordance with Section 1401. If a call center employer is required to provide notice under subdivision (a) of Section 1401 and this section, the call center employer may provide a single notice. However, a notice of the relocation of a call center shall include “This notice is for the relocation of a call center” at the top of the notice.

(b) The Employment Development Department shall compile and publish semiannually, on its internet website, a list of call center employers operating a call center that provided notice pursuant to subdivision (a). This list shall include elements required by the federal Worker Adjustment and Retraining Notification Act (29 U.S.C. Sec. 2101 et seq.).

(c) The Employment Development Department and local workforce development boards shall provide workforce services to call center employers and their call center employees who are laid off as a result of the relocation of a call center, as defined in Section 1409.

history: (History: Amended by Stats. 2023, Ch. 131, Sec. 136. (AB 1754) Effective January 1, 2024.)

article: 2. Relocation of Call Centers


kind: section

code: LAB

text:
(a) A violation of subdivision (a) of Section 1410 shall be enforced through the provisions and remedies contained in Article 1 (commencing with Section 1400), including, but not limited to, Sections 1402, 1403, 1404, 1406, and 1407.

(b) A call center employer that is found liable for failing to provide the notice required under this article shall not also be liable for violations for failing to provide notice under Section 1401 under the same facts.

history: (History: Added by Stats. 2022, Ch. 752, Sec. 4. (AB 1601) Effective January 1, 2023.)

article: 2. Relocation of Call Centers

path: 2. EMPLOYMENT REGULATION AND SUPERVISION > 4. Relocations, Terminations, and Mass Layoffs > 2. Relocation of Call Centers


citation: LAB § 1411

text:
(a) Except as provided in subdivision (b), and notwithstanding any other law, a call center employer that appears on the list described in subdivision (b) of Section 1410, or who should have appeared on the list but did not provide notice as specified, shall be ineligible to be awarded or have renewed any direct or indirect state grants or state-guaranteed loans to that call center employer for five years after the date that the list is published, and that call center employer shall be ineligible to claim a tax credit for five taxable years beginning on and after the date that the list is published.

(b) The appropriate agency, after receiving a written request from a call center employer detailing the reasons for waiving the call center employer’s ineligibility under subdivision (a), and after consulting the list described in subdivision (b) of Section 1410, may waive the ineligibility provisions prescribed in subdivision (a) if the agency determines that the applicant call center employer demonstrates good cause to do so, which may include job loss or adverse impact on the state.

(c) As used in this section, “appropriate agency” means the agency that administers the relevant direct or indirect state grants, state-guaranteed loans, or tax credits referenced in subdivision (a).

division: 2. EMPLOYMENT REGULATION AND SUPERVISION

chapter: 4. Relocations, Terminations, and Mass Layoffs

article: 2. Relocation of Call Centers


citation: LAB § 1412

text: This article shall not be construed to permit withholding or denial of payments, compensation, or benefits under any other state law, including state unemployment compensation, disability payments, or worker retraining or readjustment funds, to workers employed by call center employers that relocate to a foreign country.

article: 2. Relocation of Call Centers


citation: LAB § 1413

text: The Labor Commissioner and the Employment Development Department may adopt rules and regulations as necessary and proper to effectuate the purposes of this article, in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.

article: 2. Relocation of Call Centers


citation: LAB § 1420

text:
For purposes of this part:

(a) “Commissioner” means the Labor Commissioner of the Division of Labor Standards Enforcement of the department.

(b) (1) “Covered worker” means a janitor, including any individual predominantly working, whether as an employee, independent contractor, or franchisee, as a janitor, as that term is defined in the Service Contract Act Directory of Occupations maintained by the United States Department of Labor.

(2) “Covered worker” does not include any individual whose work duties are predominantly final cleanup of debris, grounds, and buildings near the completion of a construction, alteration, demolition, installation, or repair work project, including, but not limited to, street cleaners.

(c) “Current and valid registration” means an active registration pursuant to this part that is not expired or revoked.

(d) “Department” means the Department of Industrial Relations.

(e) “Director” means the Director of Industrial Relations.

(f) “Division” means the Division of Labor Standards Enforcement.

(g) (1) “Employer” means any person or entity that employs at least one covered worker or otherwise engages by contract, subcontract, or franchise agreement for the provision of janitorial services by one or more covered workers. The term “employer” includes the term “covered successor employer,” but does not include an entity that is the recipient of the janitorial services.

(2) “Covered successor employer” means an employer who meets one or more of the following criteria:

(A) Uses substantially the same equipment, supervisors, and workforce to offer substantially the same services to substantially the same clients as a predecessor employer, unless the employer maintains the same workforce pursuant to Chapter 4.5 (commencing with Section 1060) of Part 3. In addition, an employer who has operated with a current and valid registration for at least the preceding three years shall not be considered a covered successor employer for using substantially the same equipment, supervisors, and workforce to substantially the same clients, if all of the following apply:

(i) The individuals in the workforce were not referred or supplied for employment by the predecessor employer to the successor employer.

(ii) The successor employer has not had any interest in, or connection with, the operation, ownership, management, or control of the business of the predecessor employer within the preceding three years.

(B) Shares in the ownership, management, control of the workforce, or interrelations of business operations with the predecessor employer.

(C) Is an immediate family member of any owner, partner, officer, licensee, or director of the predecessor employer or of any person who had a financial interest in the predecessor employer. “Immediate family member” means a spouse, parent, sibling, son, daughter, uncle, aunt, niece, nephew, grandparent, grandson, granddaughter, mother-in-law, father-in-law, brother-in-law, sister-in-law, or cousin.

(h) “Production rates” means the average number of square feet the employee cleaned each hour during their shift, calculated by dividing the cleanable square footage of the property cleaned by the total hours worked to clean that square footage.

(i) “Shift” means designated hours of work by an employee, with a designated beginning time and quitting time.

(j) “Square footage” means a unit of area equal to a square one foot long on each side.

(k) “Supervisor” has the same meaning as in subdivision (t) of Section 12926 of the Government Code.

history: (History: Amended by Stats. 2024, Ch. 394, Sec. 1. (AB 2364) Effective January 1, 2025.)

path: 2. EMPLOYMENT REGULATION AND SUPERVISION > 4. Relocations, Terminations, and Mass Layoffs > 4.2. Property Service Workers Protection


citation: LAB § 1421

text:
Every employer shall keep accurate records for three years, showing all of the following:

(a) The names and addresses of all employees engaged in rendering actual services for any business of the employer.

(b) The hours worked daily by each employee, including the times the employee begins and ends each work period.

(c) The wage and wage rate paid each payroll period.

(d) The age of all minor employees.

(e) Any other conditions of employment.

(f) The names, addresses, periods of work, and compensation paid to all other covered workers.

history: (History: Amended by Stats. 2019, Ch. 24, Sec. 27. (SB 83) Effective June 27, 2019.)

part: 4.2. Property Service Workers Protection


citation: LAB § 1422

text: The Division of Labor Standards Enforcement shall enforce this part. The commissioner may adopt any regulations necessary to carry out this part.

history: (History: Added by Stats. 2016, Ch. 373, Sec. 1. (AB 1978) Effective January 1, 2017.)


citation: LAB § 1423

text: Effective July 1, 2018, every employer shall register with the commissioner annually.


citation: LAB § 1424

text: When a certificate of current and valid registration is originally issued or renewed under this part, the Division of Labor Standards Enforcement shall provide related and supplemental information to the registrant regarding business administration and applicable labor laws. As of July 1, 2018, employers covered by this part shall provide all covered workers a copy of the Civil Rights Department pamphlet CRD-185, entitled “Sexual Harassment,” until the sexual violence and harassment prevention training requirement is established pursuant to Section 1429.5.

history: (History: Amended by Stats. 2022, Ch. 48, Sec. 60. (SB 189) Effective June 30, 2022.)


citation: LAB § 1425

text: Proof of current and valid registration shall be by an official Division of Labor Standards Enforcement registration form. The Division of Labor Standards Enforcement shall issue two types of registrations, one for registrants with employees and one for registrants with no employees.

history: (History: Amended by Stats. 2019, Ch. 715, Sec. 3. (AB 547) Effective January 1, 2020.)


citation: LAB § 1426

text: At least 60 days prior to the expiration of each registrant’s registration, the Division of Labor Standards Enforcement shall send a renewal notice to the last known address of the registrant. However, omission of the Division of Labor Standards Enforcement to provide the renewal notice in accordance with this section shall not excuse a registrant from making timely application for renewal of registration, shall not be a defense in any action or proceeding involving failure to renew registration, and shall not subject the Division of Labor Standards Enforcement to any legal liability.


citation: LAB § 1427

text: The Division of Labor Standards Enforcement shall collect from each employer an initial nonrefundable application fee of five hundred dollars ($500), and an annual fee of five hundred dollars ($500) on the anniversary date of initial application, and may periodically adjust the registration fee in an amount sufficient to fund all direct and indirect costs to administer and enforce this part.


citation: LAB § 1428

text: An employer shall not conduct any janitorial business without complying with the registration requirements of this part. The commissioner may revoke a registration if the commissioner finds an employer to be out of compliance with any requirement of this part or to have failed to satisfy any of the conditions of Section 1429.

history: (History: Amended by Stats. 2019, Ch. 24, Sec. 28. (SB 83) Effective June 27, 2019.)


citation: LAB § 1429

text:
The Division of Labor Standards Enforcement shall not approve the registration of any employer until all of the following conditions are satisfied:

(a) The employer has executed a written application, in a form prescribed by the commissioner and subscribed and sworn to by the employer, containing all of the following:

(1) The name of the business entity and, if applicable, its fictitious or “doing business as” name.

(2) The form of the business entity and, if a corporation, all of the following:

(A) The date of incorporation.

(B) The state in which incorporated.

(C) If a foreign corporation, the date the articles of incorporation were filed with the California Secretary of State.

(D) Whether the corporation is in good standing with the California Secretary of State.

(3) The federal employer identification number (FEIN) and the state employer identification number (SEIN) of the business.

(4) The address of the business and the telephone number and, if applicable, the addresses and telephone numbers of any branch locations, and the name of any subcontractor or franchise servicing the contracts.

(5) Whether the application is for a new or renewal registration and, if the application is for a renewal, the prior registration number.

(6) The names, residential addresses, telephone numbers, and social security or taxpayer identification numbers of the following persons:

(A) All corporate officers, if the business entity is a corporation.

(B) All persons exercising management responsibility in the applicant’s office, regardless of form of business entity.

(C) All persons, except bona fide covered workers on regular salaries, who have a financial interest of 10 percent or more in the business, regardless of the form of business entity, and the actual percent owned by each of those persons.

(7) The policy number, effective date, expiration date, and name and address of the carrier of the applicant business’ current workers’ compensation coverage for all applicants who employ one or more employees and are required to secure workers’ compensation insurance under Section 3700.

(8) (A) Whether the employer and any persons named in response to subparagraph (A), (B), or (C) of paragraph (6) presently:

(i) Owe any unpaid wages.

(ii) Have unpaid wage and hour final judgments outstanding or have not fully satisfied the terms of any administrative settlement pursuant to the Civil Rights Department processes or a final judicial decree for any final judgment for a violation of the California Fair Employment and Housing Act.

(iii) Have any wage and hour liens or suits pending in court against them or pending California Fair Employment and Housing Act claims.

(iv) Owe any unpaid and outstanding payroll taxes, or personal, partnership, or corporate income taxes, Social Security taxes, or disability insurance.

(B) An applicant who answers affirmatively to any item described in subparagraph (A) shall provide, as part of the application, additional information on the unpaid amounts, including the name and address of the party owed, the amount owed, and any existing payment arrangements.

(9) (A) Whether the employer and any persons named in response to subparagraph (A), (B), or (C) of paragraph (6) have ever been cited or assessed any penalty for violating any provision of this code.

(B) An applicant who answers affirmatively to any item described in subparagraph (A) shall provide additional information, as part of the application, on the date, nature of citation, amount of penalties assessed for each citation, and the disposition of the citation, if any. The application shall describe any appeal filed. If the citation was not appealed, or if it was upheld on appeal, the applicant shall state whether the penalty assessment was paid.

(10) Effective January 1, 2020, all new applications for registration and renewal of registration shall demonstrate completion of the sexual violence and harassment prevention training requirements prescribed by the division and developed pursuant to Section 1429.5 by providing written attestation to the commissioner that the training has been provided as required. Effective January 1, 2022, the attestation shall include whether the training was provided by a peer trainer and an explanation as to why a peer trainer was not used if a peer trainer did not provide the required training.

(11) Such other information as the commissioner requires for the administration and enforcement of this part.

(b) The employer has paid a registration fee to the Division of Labor Standards Enforcement pursuant to Section 1427.

(c) Notwithstanding any other law, violation of this section shall not be a crime.

history: (History: Amended by Stats. 2022, Ch. 48, Sec. 61. (SB 189) Effective June 30, 2022.)


text:
(a) The Division of Labor Standards Enforcement shall establish by January 1, 2019, a biennial in-person sexual violence and harassment prevention training requirement to be provided by employers governed by this part for nonsupervisory covered workers and supervisors of nonsupervisory covered workers. The training content and qualifications for trainers for supervisory workers shall be consistent with the training requirements of Section 12950.1 of the Government Code and subsequent amendments to those requirements. The training content for nonsupervisors shall also be consistent with the requirements of Section 12950.1 of the Government Code and subsequent amendments to those requirements. The qualifications for trainers for nonsupervisors are set forth in this section. The training required under this section shall be in lieu of, and not in addition to, the requirements for training under Section 12950.1 of the Government Code, as long as the training pursuant to this section meets or exceeds the requirements for training under Section 12950.1 of the Government Code, apart from the aforementioned distinction regarding trainer qualification for nonsupervisory training.

(b) To assist in developing these standards, the director shall convene a training advisory committee to recommend requirements for a sexual harassment prevention training program. The training advisory committee shall be composed of representatives of the Division of Labor Standards Enforcement, the Division of Occupational Safety and Health, and the Civil Rights Department, and shall also include representatives from a recognized or certified collective bargaining agent that represents janitorial workers, employers, labor-management groups in the janitorial industry, sexual assault victims advocacy groups, and other related subject matter experts. The director shall convene the training advisory committee by July 1, 2017. The training advisory committee shall consider the requirements of Section 12950.1 of the Government Code when developing the recommended standard. The Division of Labor Standards Enforcement shall propose the requirements for the sexual violence and harassment prevention training requirement by January 1, 2018.

(c) The director shall convene a training advisory committee to assist in compiling a list of qualified organizations that shall provide to employers the qualified peer trainers that employers shall use to provide the required training to nonsupervisors, as described below. The training advisory committee shall be composed of representatives from a recognized or certified collective bargaining agent that represents janitorial workers, representatives of janitorial workers, janitorial employers, and sexual assault victims advocates. By January 1, 2021, the department shall make available on its internet website the list of qualified organizations that employers shall use to locate a qualified peer trainer in a particular county to provide the required nonsupervisory training. The qualified organization shall provide to the Division of Labor Standards Enforcement the name, contact information, and service area of the qualified organization for inclusion on the website.

(d) The Division of Labor Standards Enforcement shall require employers covered by this part subject to the biennial training requirement to provide the training content developed by the Labor Occupational Health Program (LOHP) under the direction of the director, or as amended in the future by the director.

(e) (1) Employers covered by this part subject to the biennial training requirement shall use a qualified organization from the list maintained by the director to provide the required training to nonsupervisors. Qualified organizations shall provide qualified peer trainers that employers covered by this part shall use to provide the required training to nonsupervisors.

(2) Until January 1, 2026, unless an alternative payment option has been agreed to under a collective bargaining agreement, the employer shall pay the qualified organization as follows:

(A) Eighty dollars ($80) per participant for training sessions having 10 or more participants.

(B) Two hundred dollars ($200) per participant for training sessions having fewer than 10 participants.

(3) On and after January 1, 2026, and each year thereafter, the rates the employer shall pay the qualified organization shall increase by the percentage reflected in the most recent annual average California Price Index Changes - California (All Urban Consumers) report issued by the Department of Industrial Relations.

(4) A covered employer shall document compliance with the training requirement by completing and signing a form, to be developed by the Division of Labor Standards Enforcement, certifying that the training was conducted and that the qualified organization was paid in full, and the form shall be produced upon request of the Division of Labor Standards Enforcement. A covered employer shall also document compliance with the training requirement by ensuring that each participant sign in and sign out on a sign-in sheet, using printed writing and signature, at the commencement and completion of training, in addition to any regulatory documentation retention requirements adopted by the Division of Labor Standards Enforcement.

(f) The training advisory committee shall recommend the qualified organizations to the director. A qualified organization shall be a nonprofit corporation as described in subsection (c) of Section 501 of the Internal Revenue Code of the United States (26 U.S.C. 501(c)), that on its own or through its training partners complies with all of the following:

(1) Have and maintain at least 30 qualified peer trainers who are available to provide training to nonsupervisors covered workers as required under this part.

(2) Have access to local and regional sexual violence-related trauma services and resources for local referrals documented through letters of acknowledgment from service providers.

(3) Be committed to ongoing education and development as documented by a minimum of 10 hours of professional development each year for qualified organization staff and peer trainers in areas of research and strategies to prevent and respond to sexual assault and sexual harassment.

(4) Have seven years of demonstrated experience working with employers to provide training to employees both on and off the worksite in the janitorial industry, including seven years demonstrated experience working with immigrant low-wage workers.

(g) To be qualified as a peer trainer under this section, a person shall have the training, knowledge, and experience necessary to train nonsupervisory covered workers and shall, at the minimum, have all of the following qualifications:

(1) At least a cumulative 40 hours of sexual assault advocate training in the following areas:

(A) Survivor-centered and trauma-informed principles and techniques.

(B) The long-term effects of sexual trauma and the intersection of discrimination, oppression, and sexual violence.

(C) The availability of local, state, and national resources for survivors of sexual violence.

(D) Interactive teaching strategies that engage across multiple literacy levels.

(E) Conducting discrimination, retaliation, and sexual harassment prevention training.

(F) Responding to sexual harassment complaints or other discrimination complaints.

(G) Employer responsibility to conduct investigations of sexual harassment complaints.

(H) Advising covered workers regarding discrimination, retaliation, and sexual harassment prevention.

(2) Have two years of nonsupervisory work experience in the janitorial or property service industry.

(3) Be culturally competent and fluent in the language or languages that the relevant covered workers understand.

(h) The director shall maintain the list of qualified organizations. The list shall be updated by the director with assistance from the training advisory committee at least once every three years. The director may approve qualified organizations on an ongoing basis, if they meet the qualifications required by subdivision (f). The fee per participant may be adjusted by the Labor Commissioner as needed.

(i) The training advisory committee shall meet at least once every three years to review and update the list of qualified organizations and qualified peer trainers.

(j) A qualified organization may work with a training partner to provide the required training, provided that the qualified organization has entered into a written partnership agreement with the training partner. As used in this subdivision, “training partner” means a nonprofit, worker center, or labor organization with at least two years of demonstrated experience in addressing workplace sexual abuse, immigrants’ rights advocacy, and worker rights advocacy.

(k) (1) If the internet website list of qualified organizations that provide peer trainers to employers required to provide training to nonsupervisors under this section indicates there is no qualified peer trainer available to provide training in a specific county, or if none of the qualified trainers are available to meet an employer’s training needs, an employer may use a trainer as prescribed by the Civil Rights Department with respect to sexual harassment training and education to provide training to covered workers working in that specific county.

(2) An employer governed by this part shall be deemed to be in compliance with the requirement to use a peer trainer to provide the required training if they contracted with a qualified organization that was listed on the department’s internet website at the time of the training.

history: (History: Amended by Stats. 2024, Ch. 394, Sec. 2. (AB 2364) Effective January 1, 2025.)


text:
(a) The department shall contract with the University of California, Los Angeles Labor Center to conduct a study evaluating opportunities to improve worker safety and safeguard employment rights in the janitorial industry. The University of California, Los Angeles Labor Center may subcontract, in whole or in part, the responsibility for conducting the study to another University of California Labor Center; the Labor Occupational Health Program, University of California, Berkeley; the University of California, San Francisco, Division of Occupational, Environmental, and Climate Medicine; the University of California, Berkeley, School of Public Health, Division of Environmental Health Sciences; or the California Center of Occupational and Environmental Health.

(b) The entity or entities with which a contract or subcontract is entered into pursuant to subdivision (a) shall conduct the study in the manner described in this section. No later than May 1, 2026, the University of California, Los Angeles Labor Center and its subcontractors, if any, shall issue a report that includes, but is not limited to, all of the following:

(1) Typical production rates in the janitorial industry based on cleaning frequency and the type of public and private sector facility being cleaned. The information shall be derived, in part and where available, from janitorial service contracts pertaining to the largest state and local government facilities, public university and community college facilities, and the largest commercial real estate and high-tech and biotech facilities in the following counties: Alameda, Los Angeles, Orange, Sacramento, San Diego, San Mateo, and Santa Clara. The names of the contracting entity and the janitorial contractor may be omitted in the report.

(2) Production rates before, during, and after the COVID-19 public health emergency.

(3) Assessment of the risk of ergonomic and other injuries associated with cleaning frequencies and production rates.

(4) Analysis of California workers’ compensation data in the janitorial industry showing types of injury, frequency of reporting, and cost of treatment over the last 10 years.

(5) The prevalence of wage theft in the janitorial industry and how it impacts production rates and worker recruitment and retention.

(6) Whether production rates and the prevalence of wage theft differ between employers that are signatories to collective bargaining agreements and those that are not.

(7) The impacts of gender, race, national origin, disability, and age on production rates and compliance with labor laws.

(c) No later than June 15, 2025, the department shall convene an advisory committee comprised of representatives from the department, the Division of Occupational Safety and Health, the Division of Workers’ Compensation, the Civil Rights Department, a recognized or certified collective bargaining agent that represents janitorial workers throughout the state, employers and labor management groups in the janitorial industry, the University of California, Los Angeles Labor Center, and other relevant subject matter experts to make recommendations regarding the scope of the study required pursuant to subdivision (b).

(d) If the advisory committee does not issue recommendations regarding the scope of the study by August 15, 2025, the University of California, Los Angeles Labor Center and its subcontractors, if any, shall complete the study pursuant to the factors listed in subdivision (b) in a manner that best fulfills the purposes of this section.

(e) On or before May 15, 2026, the department shall forward the completed report described in subdivision (b) to the members of the advisory committee and the Chairs of the Assembly Committee on Labor and Employment and the Senate Committee on Labor, Public Employment and Retirement. The report shall be submitted in compliance with Section 9795 of the Government Code.

(f) In conducting the study required pursuant to subdivision (b), the University of California, Los Angeles and any subcontractors shall consider and be guided by the recommendations of the advisory committee, if any, only so long as the recommendations would not substantially increase the cost of the study or cause the report to be issued after the required submission date pursuant to subdivision (b).

(g) This section shall remain in effect only until January 1, 2027, and as of that date is repealed.

history: (History: Added by Stats. 2024, Ch. 394, Sec. 3. (AB 2364) Effective January 1, 2025. Repealed as of January 1, 2027, by its own provisions.)


citation: LAB § 1430

text:
The Division of Labor Standards Enforcement shall not register or renew the registration of an employer in any of the following circumstances:

(a) The employer has not fully satisfied any final judgment for unpaid wages due to an employee or former employee of a business for which the employer is required to register under this chapter.

(b) The employer has failed to remit the proper amount of contributions required by the Unemployment Insurance Code or the Employment Development Department has made an assessment for those unpaid contributions against the employer that has become final and the employer has not fully paid the amount of delinquency for those unpaid contributions.

(c) The employer has failed to remit the amount of Social Security and Medicare tax contributions required by the Federal Insurance Contributions Act (FICA) to the Internal Revenue Service and the employer has not fully paid the amount or delinquency for those unpaid contributions.

(d) The employer has not fully satisfied the terms of any administrative settlement pursuant to the Civil Rights Department processes or a final judicial decree agreed upon with an employee or former employee of a business for which the employer is required to register under this part for any final judgment for a violation of Section 12940 of the Government Code.

(e) The employer has not fully satisfied any final judgment for failing to secure valid workers’ compensation coverage as required by Section 3700.

history: (History: Amended by Stats. 2022, Ch. 48, Sec. 63. (SB 189) Effective June 30, 2022.)


citation: LAB § 1431

text: The commissioner shall maintain a public database of property service employers, on the internet website of the department, including the name, address, registration number, whether the registrant is a nonemployee registrant exempt from the requirement to secure workers’ compensation coverage under Section 3700 of the Labor Code, and effective dates of registration.

history: (History: Amended by Stats. 2019, Ch. 715, Sec. 6. (AB 547) Effective January 1, 2020.)


citation: LAB § 1432

text:
(a) An employer who fails to register pursuant to Section 1423 is subject to a civil fine of one hundred dollars ($100) for each calendar day that the employer is unregistered, not to exceed ten thousand dollars ($10,000).

(b) Any person or entity that contracts with an employer who lacks a current and valid registration, as displayed on the online registration database at the time the contract is executed, extended, renewed, or modified, under this part on the date the person or entity enters into or renews a contract or subcontract for janitorial services with the employer is subject to a civil fine of not less than two thousand dollars ($2,000) nor more than ten thousand dollars ($10,000) in the case of a first violation, and a civil fine of not less than ten thousand dollars ($10,000) nor more than twenty-five thousand dollars ($25,000) for a subsequent violation.

(c) An employer who makes a material misrepresentation in connection with an initial or renewal application is subject to a civil fine of ten thousand dollars ($10,000) per violation.

(d) Notwithstanding any other provision of law, the authority to enforce this section is vested exclusively with the commissioner. 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.

history: (History: Amended by Stats. 2019, Ch. 715, Sec. 7. (AB 547) Effective January 1, 2020.)


citation: LAB § 1433

text:
(a) All registration fees collected pursuant to Section 1427, all civil fines collected pursuant to Section 1432, and any other moneys as are designated by statute or order shall be deposited in the Labor Enforcement and Compliance Fund.

(b) Moneys deposited in the fund pursuant to Sections 1427 and 1432 shall be used only for the following purposes:

(1) The reasonable costs of administering the registration of janitorial contractors pursuant to this part by the Division of Labor Standards and Enforcement.

(2) The costs and obligations associated with the administration and enforcement of this part by the Division of Labor Standards and Enforcement.

(c) The annual employer registration renewal fee specified in of Section 1427, and any adjusted application renewal fee, shall be set in amounts that are sufficient to support the direct costs and a reasonable percentage attributable to the indirect costs of the division for administering this part.

history: (History: Amended by Stats. 2017, Ch. 561, Sec. 172. (AB 1516) Effective January 1, 2018.)


citation: LAB § 1434

text:
A successor employer is liable for any wages, damages, and penalties its predecessor employer owes to any of the predecessor employer’s former workforce if the successor employer meets any of the following criteria:

(a) Uses substantially the same workforce to offer substantially the same services as the predecessor employer. This factor does not apply to employers who maintain the same workforce pursuant to Chapter 4.5 (commencing with Section 1060) of Part 3.

(b) Shares in the ownership, management, control of the labor relations, or interrelations of business operations with the predecessor employer.

(c) Employs in a managerial capacity any person who directly or indirectly controlled the wages, hours, or working conditions of the affected workforce of the predecessor employer.

(d) Is an immediate family member of any owner, partner, officer, or director of the predecessor employer of any person who had a financial interest in the predecessor employer.

history: (History: Amended by Stats. 2019, Ch. 24, Sec. 32. (SB 83) Effective June 27, 2019.)


citation: LAB § 1450

text: This part shall be known and may be cited as the Domestic Worker Bill of Rights.

history: (History: Added by Stats. 2013, Ch. 374, Sec. 1. (AB 241) Effective January 1, 2014.)

chapter: 1. General Provisions and Definitions

path: 2. EMPLOYMENT REGULATION AND SUPERVISION > 1. General Provisions and Definitions


citation: LAB § 1451

text:
As used in this part, the following definitions apply:

(a) (1) “Domestic work” means services related to the care of persons in private households or maintenance of private households or their premises. Domestic work occupations include childcare providers, caregivers of people with disabilities, sick, convalescing, or elderly persons, house cleaners, housekeepers, maids, and other household occupations.

(2) “Domestic work” does not include care of persons in facilities providing board or lodging in addition to medical, nursing, convalescent, aged, or child care, including, but not limited to, residential care facilities for the elderly.

(b) (1) “Domestic work employee” means an individual who performs domestic work and includes live-in domestic work employees and personal attendants.

(2) “Domestic work employee” does not include any of the following:

(A) Any person who performs services through the In-Home Supportive Services program under Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of, or Sections 14132.95, 14132.952, and 14132.956 of, the Welfare and Institutions Code.

(B) Any person who is the parent, grandparent, spouse, sibling, child, or legally adopted child of the domestic work employer.

(C) Any person under 18 years of age who is employed as a babysitter for a minor child of the domestic work employer in the employer’s home.

(D) Any person employed as a casual babysitter for a minor child in the domestic employer’s home. A casual babysitter is a person whose employment is irregular or intermittent and is not performed by an individual whose vocation is babysitting. If a person who performs babysitting services on an irregular and intermittent basis does a significant amount of work other than supervising, feeding, and dressing a child, this exemption shall not apply and the person shall be considered a domestic work employee. A person who is a casual babysitter who is over 18 years of age retains the right to payment of minimum wage for all hours worked, pursuant to Wage Order No. 15-2001 of the Industrial Welfare Commission.

(E) Any person employed by a licensed health facility, as defined in Section 1250 of the Health and Safety Code.

(F) Any person who is employed pursuant to a voucher issued through a regional center or who is employed by, or contracts with, an organization vendored or contracted through a regional center or the State Department of Developmental Services pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) or the California Early Intervention Services Act (Title 14 (commencing with Section 95000) of the Government Code) to provide services and support for persons with developmental disabilities, as defined in Section 4512 of the Welfare and Institutions Code, when any funding for those services is provided through the State Department of Developmental Services.

(G) Any person who provides child care and who, pursuant to subdivision (d) or (f) of Section 1596.792 of the Health and Safety Code, is exempt from the licensing requirements of Chapters 3.4 (commencing with Section 1596.70), 3.5 (commencing with Section 1596.90), and 3.6 (commencing with Section 1597.30) of Division 2 of the Health and Safety Code, if the parent or guardian of the child to whom child care is provided receives child care and development services pursuant to any program authorized under the Child Care and Development Services Act (Chapter 2 (commencing with Section 8200) of Part 6 of Division 1 of Title 1 of the Education Code) or the California Work Opportunity and Responsibility to Kids Act (Chapter 2 (commencing with Section 11200) of Part 3 of Division 9 of the Welfare and Institutions Code).

(c) (1) “Domestic work employer” means a person, including corporate officers or executives, who directly or indirectly, or through an agent or any other person, including through the services of a third-party employer, temporary service, or staffing agency or similar entity, employs or exercises control over the wages, hours, or working conditions of a domestic work employee.

(2) “Domestic work employer” does not include any of the following:

(A) Any person or entity that employs or exercises control over the wages, hours, or working conditions of an individual who performs domestic work services through the In-Home Supportive Services program under Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of, or Sections 14132.95, 14132.952, and 14132.956 of, the Welfare and Institutions Code or who is eligible for that program.

(B) An employment agency that complies with Section 1812.5095 of the Civil Code and that operates solely to procure, offer, refer, provide, or attempt to provide work to domestic workers if the relationship between the employment agency and the domestic workers for whom the agency procures, offers, refers, provides, or attempts to provide domestic work is characterized by all of the factors listed in subdivision (b) of Section 1812.5095 of the Civil Code and Section 687.2 of the Unemployment Insurance Code.

(C) A licensed health facility, as defined in Section 1250 of the Health and Safety Code.

(d) “Personal attendant” means any person employed by a private householder or by any third-party employer recognized in the health care industry to work in a private household, to supervise, feed, or dress a child, or a person who by reason of advanced age, physical disability, or mental deficiency needs supervision. The status of personal attendant shall apply when no significant amount of work other than the foregoing is required. For purposes of this subdivision, “no significant amount of work” means work other than the foregoing did not exceed 20 percent of the total weekly hours worked.


citation: LAB § 1452

text: The Governor shall convene a committee composed of personal attendants or their representatives and the employers of personal attendants or their representatives. The committee shall study and report to the Governor on the effects this part has on personal attendants and their employers.


citation: LAB § 1454

text: A domestic work employee who is a personal attendant shall not be employed more than nine hours in any workday or more than 45 hours in any workweek unless the employee receives one and one-half times the employee’s regular rate of pay for all hours worked over nine hours in any workday and for all hours worked more than 45 hours in the workweek.

chapter: 2. Domestic Work Employee Rights

path: 2. EMPLOYMENT REGULATION AND SUPERVISION > 2. Domestic Work Employee Rights


citation: LAB § 1455

text:
(a) (1) The Division of Labor Standards Enforcement, upon appropriation of funds to the division for purposes of this section, shall establish and maintain an outreach and education program. The purpose of the program shall be to promote awareness of, and compliance with, labor protections that affect the domestic work industry and to promote fair and dignified labor standards in this industry and other low-wage industries.

(2) For purposes of this section:

(A) “CBO” means community-based organization.

(B) “Division” means the Division of Labor Standards Enforcement.

(b) The program duration shall continue with an opportunity to expand or renew contingent on allocation of state funds or identification of other revenue sources.

(c) The division shall issue a competitive request to CBOs to provide education and outreach services primarily focused on, but not limited to, domestic work employees and employers. CBOs shall have demonstrated experience in carrying out outreach and education directed at these populations, including knowledge of, and demonstrated familiarity with, issues facing the domestic work industry.

(d) CBOs shall be responsible for developing, and consulting with the division regarding, the core education and outreach materials regarding minimum wage, overtime, sick leave, record-keeping, retaliation, and the division wage adjudication and retaliation process, including specific issues that affect certain industries, such as the domestic work industry, differently. CBOs shall be responsible for all costs related to the development, printing, advertising, or distribution of the education and outreach materials. The materials shall be translated into non-English languages as may be appropriate, as determined by the applicable CBO in consultation with the division. At the discretion of the division, the division shall have final approval over the education and outreach materials.

(e) The division and CBOs shall meet biannually, or more frequently at the discretion of the division, to coordinate efforts around outreach, education, and enforcement, including sharing information, in accordance with applicable privacy and confidentiality laws, that will shape and inform the overall enforcement strategy of the division regarding low-wage industries, including the domestic work industry.

(f) The division shall not expend more than 5 percent of the budget allocation on the administration of the program.

history: (History: Amended by Stats. 2023, Ch. 39, Sec. 22. (AB 130) Effective July 10, 2023.)


citation: LAB § 1474

text:
For purposes of this part:

(a) “National fast food chain” means a set of limited-service restaurants consisting of more than 60 establishments nationally that share a common brand, or that are characterized by standardized options for decor, marketing, packaging, products, and services, and which are primarily engaged in providing food and beverages for immediate consumption on or off premises where patrons generally order or select items and pay before consuming, with limited or no table service. For purposes of the definitions in this part, “limited-service restaurant” includes, but is not limited to, an establishment with the North American Industry Classification System Code 722513.

(b) “Council” means the Fast Food Council.

(c) Except as provided in subdivisions (i) to (k), inclusive, “fast food restaurant” means a limited-service restaurant in the state that is part of a national fast food chain.

(d) “Fast food restaurant franchisee” means a person to whom a fast food restaurant franchise is granted.

(e) “Fast food restaurant franchisor” means a person who grants or has granted a fast food restaurant franchise.

(f) “Fast food restaurant operator” means a person who operates a fast food restaurant.

(g) “Franchise,” “franchisee,” and “franchisor” have the definitions set forth in Article 1 (commencing with Section 20000) of Chapter 5.5 of Division 8 of the Business and Professions Code.

(h) “Working conditions” include, but are not limited to, wages, conditions affecting fast food restaurant employees’ health and safety, security in the workplace, the right to take time off work for protected purposes, and the right to be free from discrimination and harassment in the workplace.

(i) When a restaurant is located and operates within a “grocery establishment,” as defined in subdivision (d) of Section 2502, and the grocery establishment employer employs the individuals working in the restaurant, the restaurant shall not be considered a fast food restaurant.

(j) “Fast food restaurant” shall not include an establishment that on September 15, 2023, operates a bakery that produces for sale on the establishment’s premises bread, as defined under Part 136 of Subchapter B of Chapter I of Title 21 of the Code of Federal Regulations, so long as it continues to operate such a bakery. This exemption applies only where the establishment produces for sale bread as a stand-alone menu item, and does not apply if the bread is available for sale solely as part of another menu item.

(k) “Fast food restaurant” shall not include a restaurant that is any of the following:

(1) Located in an airport, as defined in Section 21013 of the Public Utilities Code, but excluding any military base or federally operated facility.

(2) Connected to or operated in conjunction with a hotel. For purposes of this paragraph, “hotel” means a residential building that is designated or used for lodging and other related services for the public and includes any contracted, leased, or sublet premises connected to or operated in conjunction with the building’s purpose, or providing services at the building.

(3) Connected to or operated in conjunction with an event center. For purposes of this paragraph, “event center” means a publicly or privately owned structure of more than 20,000 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. “Event center” also includes any contracted, leased, or sublet premises connected to or operated in conjunction with the event center’s purpose.

(4) Connected to or operated in conjunction with a theme park. For purposes of this paragraph, “theme park” means a commercially operated, admission-based grounds or enclosure featuring amusement park rides of a permanent or semipermanent nature, shows, and attractions that are presented, shown, staged, or offered to the public, along with games, merchandise, and food offered for sale in the park, and any contracted, leased, or sublet premises that are connected to, located within, or operated in conjunction with that park, whether or not an admissions ticket is required for entry.

(5) Connected to or operated in conjunction with a public or private museum, within the meaning of Section 1899.1 of the Civil Code.

(6) Connected to or operated in conjunction with a gambling establishment, as defined in subdivision (o) of Section 19805 of the Business and Professions Code.

(7) A restaurant that is all of the following:

(A) Located in and operated in conjunction with a building, group of buildings, or campus used for office purposes primarily or exclusively by a single, for-profit corporation and its affiliates.

(B) Primarily or exclusively serves employees of that corporation or its affiliates rather than the general public.

(C) Is part of, or subject to, a concession or food service contract covering the building, group of buildings, or campus.

(8) Located on land owned by the state, a city or county, or other political subdivision of the state, that is part of a port district or land managed by a port authority or port commission, a public beach, public pier, state park, municipal or regional park, or historic district, and is operated pursuant to a concession agreement or food service contract.

history: (History: Amended by Stats. 2024, Ch. 4, Sec. 2. (AB 610) Effective March 25, 2024.)

part: 4.5.5. Fast Food

path: 2. EMPLOYMENT REGULATION AND SUPERVISION > 2. Domestic Work Employee Rights > 4.5.5. Fast Food


citation: LAB § 1475

text:
(a) (1) The Fast Food Council is hereby established within the Department of Industrial Relations and shall consist of the following nine voting members:

(A) Two representatives of the fast food restaurant industry.

(B) Two representatives of fast food restaurant franchisees or restaurant owners.

(C) Two representatives of fast food restaurant employees.

(D) Two representatives of advocates for fast food restaurant employees.

(E) One unaffiliated member of the public who is not an owner, franchisee, officer, or employee in the fast food industry; who is not an employee or officer of a labor organization or a member of a labor organization representing fast food restaurant employees; and who has not received income from the fast food industry or any labor organization for a period of two years prior to appointment.

(2) In addition to the voting members, the council shall include the following nonvoting members:

(A) One representative from the Department of Industrial Relations.

(B) One representative from the Governor’s Office of Business and Economic Development.

(3) The Governor shall appoint the representatives of fast food restaurant employees, fast food restaurant franchisees or restaurant owners, the fast food restaurant industry, and the member of the public. The Speaker of the Assembly and the Senate Committee on Rules shall each appoint one representative of an advocate for fast food restaurant employees.

(4) The appointments shall be at the will of each appointing power and each member of the council shall serve for a term of four years, except that all terms shall end on the date this section becomes inoperative. All terms that end prior to the date that this section becomes inoperative shall end on January 1. Vacancies occurring prior to the expiration of the term shall be filled by appointment for the unexpired term. A council member shall not serve more than two consecutive terms.

(5) The unaffiliated member of the public shall be the chairperson of the council. The chairperson shall be responsible for convening the council. The chairperson shall designate a member of the council to act as chairperson in their absence.

(6) Each member of the council shall receive one hundred dollars ($100) for each day of their actual attendance at meetings of the council and other official business of the council, in addition to their actual necessary traveling expenses incurred in the performance of their duties as a member.

(7) The council may employ necessary assistants, officers, experts, and other employees as it deems necessary, subject to appropriation. All personnel of the council shall be under the supervision of the chairperson or an executive officer to whom the chairperson delegates such responsibility. All such personnel shall be appointed pursuant to the State Civil Service Act (Part 2 (commencing with Section 18500) of Division 5 of Title 2 of the Government Code), except for the one exempt deputy or employee allowed by subdivision (e) of Section 4 of Article VII of the California Constitution.

(8) All meetings of the council shall be subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).

(b) The council’s purposes are to establish fast food restaurant minimum standards on wages, and develop fast food restaurant minimum standards on working hours, and other working conditions adequate to ensure and maintain the health, safety, and welfare of, and to supply the necessary cost of proper living to, fast food restaurant workers and to ensure and effect interagency coordination and prompt agency responses regarding issues affecting the health, safety, and employment of fast food restaurant workers.

(c) (1) The council shall provide direction to, and coordinate with, state agencies regarding the health, safety, and employment of fast food restaurant workers.

(2) The council shall convene its first meeting by no later than March 15, 2024.

(d) (1) (A) The council is charged with developing minimum fast food restaurant employment standards, including, as appropriate, standards on wages, working conditions, and training, as are reasonably necessary or appropriate to protect and ensure the welfare, including the physical well-being and security, of fast food workers or to otherwise meet the purposes of this section, subject to the limitations of subdivisions (e) and (f). In developing these standards, the council may take account of regional differences. Any change developed by the council to existing standards, rules, or regulations shall not be less protective of or less beneficial to health, safety, or fast food restaurant worker employment terms, conditions, or privileges, including wages, than the immediately preceding standard, rule, or regulation. To the extent there is a conflict between standards, rules, or regulations issued pursuant to this subdivision and those previously issued by another state agency, the standards, rules, or regulations issued pursuant to this subdivision shall apply to fast food restaurant employees, and the conflicting standards, rules, or regulations of the other state agency shall not have force or effect with respect to fast food restaurant employees.

(B) Decisions by the council regarding standards, rules, or regulations shall be made by an affirmative vote of at least five of the council members.

(C) All standards, rules, and regulations developed by the council shall be issued, amended, or repealed, as applicable, in the manner prescribed in Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, subject to the provisions of clause (i) to (iii), inclusive, of this subparagraph, and with the exception of standards issued pursuant to the procedures identified in subparagraph (D) of paragraph (2) of this subdivision.

(i) With the exception of standards subject to subdivision (e) or (f), the Labor Commissioner shall be responsible for issuing, amending, or repealing, as applicable, standards developed by the council pursuant to the requirements of this subparagraph.

(ii) The council shall send proposed written standards to the Labor Commissioner and request that the commissioner prepare a notice of proposed rulemaking action regarding the proposed regulatory text.

(iii) Upon receiving a request to prepare a notice of proposed rulemaking action, the Labor Commissioner shall determine whether the proposed written standards are consistent with the council’s authority and consistent with the criteria identified in subdivision (a) of Section 11349.1 of the Government Code, and, if it so determines, the commissioner shall prepare and submit to the Office of Administrative Law a notice of proposed rulemaking action and the required materials identified in Section 11346.2 of the Government Code. If the commissioner determines either that the proposed standards are not consistent with the council’s authority, or not consistent with the criteria identified in subdivision (a) of Section 11349.1 of the Government Code, the commissioner shall, within 60 days of receiving the council’s request to issue a notice of proposed rulemaking, provide the council with a written explanation of the reasons for that determination so the council may modify its proposed standards as appropriate. The commissioner shall also have responsibility and authority to carry out the requirements of Sections 11346.8 and 11346.9 of the Government Code.

(D) The council may develop written emergency standards and send the proposed written emergency standards to the Labor Commissioner and request that the commissioner promulgate such standards pursuant to Sections 11346.1 and 11349.6 of the Government Code.

(2) (A) The hourly minimum wage for fast food restaurant employees shall be twenty dollars ($20) per hour, effective April 1, 2024. Thereafter, the council may establish, pursuant to this subdivision, minimum wages for fast food restaurant employees that take effect on an annual basis, beginning on January 1, 2025.

(B) The hourly minimum wage established by the council may increase on an annual basis by no more than the lesser of the following, rounded to the nearest ten cents ($0.10):

(i) 3.5 percent.

(ii) The rate of change in the averages of the most recent July 1 to June 30, inclusive, period over the preceding July 1 to June 30, inclusive, period for the United States Bureau of Labor Statistics nonseasonally adjusted United States Consumer Price Index for Urban Wage Earners and Clerical Workers (U.S. CPI-W).

(C) In establishing minimum wage increases subject to paragraph (B), the council may elect to set minimum wage standards that vary by region or to set a statewide minimum wage increase.

(D) The hourly minimum wage established pursuant to subparagraph (A), and all future hourly minimum wages established pursuant to subparagraph (B), shall constitute the state minimum wage for fast food restaurant employees for all purposes under this code and the wage orders of the Industrial Welfare Commission. It shall be enforceable by the Labor Commissioner through the procedures set forth in Sections 98, 98.1, 98.2, 98.3, 98.7, 98.74, or 1197.1, or by a covered worker through a civil action, through the same means and with the same relief available for violation of any other state minimum wage requirement. The Department of Industrial Relations shall update Wage Order No. 5-2001 and the Minimum Wage Order to be consistent with any minimum hourly wage adopted by the council and any other standards or requirements developed by the council and adopted by the commissioner pursuant to this chapter, except that any existing provision in Wage Order 5-2001 or the Minimum Wage Order providing greater protections or benefits to fast food restaurant employees shall continue in full force and effect, notwithstanding any provision of this part. Hourly minimum wages established by the council pursuant to subparagraphs (A) and (B) shall be treated as wage orders and shall be exempt from Article 5 (commencing with Section 11346) of Chapter 3.5 of Part 1 of Division 3 of Title 2 of the Government Code.

(E) Any minimum wage established by the council must be equal to or greater than any otherwise generally applicable state hourly minimum wage.

(F) The council shall not establish any minimum wage increase that takes effect commencing on a date after the 2029 calendar year. However, the council may provide advice to any appropriate state agencies regarding minimum wage increases that would take effect commencing on a date on or after January 1, 2030.

(3) Minimum wage standards established by the council shall be subject to any suspension of increases in the statewide minimum wage made pursuant to subdivision (d) of Section 1182.12.

(4) Standards developed pursuant to paragraphs (1) and (2) shall not alter or amend the requirements in the California Retail Food Code (Part 7 (commencing with Section 113700) of Division 104 of the Health and Safety Code).

(5) The council shall provide information as requested by the appropriate committees of the Legislature on labor to facilitate a review of the council’s performance and standards under this section, which review may be conducted in a joint hearing held every three years or as otherwise designated by the appropriate committees of the Legislature on labor.

(6) Nothing in this section shall be construed to give the council the authority to create or amend statutes.

(7) Nothing in this section shall be construed to permit the council to develop or promulgate regulations creating new paid time off benefits, such as paid sick leave or paid vacation. For purposes of this paragraph, paid time off benefits do not include paid rest periods.

(8) Nothing in this section shall be construed to permit the council to develop or promulgate regulations regarding predictable scheduling. Predictable scheduling does not include reporting time pay.

(e) To the extent that any minimum standards that the council finds are reasonably necessary to protect fast food restaurant employee health and safety fall within the jurisdiction of the Occupational Safety and Health Standards Board, the council shall petition the Occupational Safety and Health Standards Board for the adoption, amendment, or repeal of any occupational safety and health standard. The Occupational Safety and Health Standards Board shall consider and respond to the petition no later than six months following receipt of the petition in accordance with Section 142.2, or no later than three months if the petition relates to an emergency, as defined in Section 11342.545 of the Government Code. The Occupational Safety and Health Standards Board shall not adopt a standard recommended by the council if it reduces occupational safety and health protections for employees.

(f) To the extent that any minimum standards that the Fast Food Council finds are reasonably necessary fall within the jurisdiction of the Civil Rights Council under Section 12935 of the Government Code, the Fast Food Council shall petition the Civil Rights Council for the adoption, amendment, or repeal of any regulation under the jurisdiction of the Civil Rights Council. The Civil Rights Council shall consider and respond to the petition no later than six months following receipt of the petition, or within no more than three months if the petition relates to an emergency, as defined in Section 11342.545 of the Government Code. The Civil Rights Council shall not adopt a recommended standard that would reduce protections provided under the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code) or other law within the Civil Rights Council’s jurisdiction.

(g) The council shall conduct a full review of the adequacy of the minimum fast food restaurant health, safety, and employment standards at least once every three years. Upon that review, the council shall develop and seek the issuance of any fast food employment, health, or safety standard applicable to fast food restaurants, or a portion of any such standard, as appropriate to meet the purposes of this section, pursuant to the procedures set forth in subdivision (d) and subject to subdivisions (e) and (f).

(h) The council shall hold meetings or hearings no less than every six months that are open to the public, at which the public, including fast food restaurant employees, shall have the opportunity to be heard on issues of fast food restaurant health, safety, and employment conditions. The council shall provide advance public notice of these meetings or hearings that is reasonably calculated to advise fast food restaurant workers, fast food restaurant operators and owners, franchisors, franchisees, community members, and other stakeholders of the opportunity to participate in the meetings or hearings. The location of the meetings or hearings shall rotate among major metropolitan areas throughout the state to provide fast food restaurant workers, fast food restaurant operators and owners, franchisors, franchisees, community members, and other stakeholders throughout the state a reasonable opportunity to participate in a meeting or hearing at least once per each three-year review.

(i) The council may coordinate with local agencies and request that they hold meetings or hearings that are open to the public, at which the public, including fast food restaurant employees, shall have the opportunity to be heard on issues of fast food restaurant health, safety, and employment conditions. After these meetings or hearings, the council may request information from the local agencies, including any recommendations for action by the council.

(j) (1) The minimum wage, maximum hours of work, and other working conditions developed by the council in standards promulgated pursuant to subdivision (d) shall be the minimum wage, maximum hours of work, and the standard conditions of labor for fast food restaurant employees or a relevant subgroup of fast food restaurant employees for purposes of state law. Except as provided in subdivision (m), nothing in this section shall restrict local jurisdictions’ exercise of police powers to establish more protective local standards. The employment of a fast food restaurant employee for lower wages or for longer hours than those fixed by the minimum standards promulgated pursuant to subdivision (d), or under any other working conditions prohibited by the minimum standards promulgated pursuant to subdivision (d), is unlawful. Compliance with the minimum fast food restaurant employment standards promulgated pursuant to subdivision (d) shall be enforced by the Labor Commissioner pursuant to the procedures and provisions set forth in Chapter 4 (commencing with Section 79) of Division 1, Division 2 (commencing with Section 200), Division 3 (commencing with Section 2700), and Division 5 (commencing with Section 6300), and standards, orders, or regulations promulgated pursuant to subdivision (d).

(2) Other than occupational safety and health violations, which shall be enforced by the Division of Occupational Safety and Health under Division 5 (commencing with Section 6300), and other than protections against discrimination, harassment, and other violations of Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code, which shall be enforced by the Civil Rights Department, the Labor Commissioner shall enforce this part, including any standards promulgated by the appropriate agency pursuant to subdivision (d), including by investigating an alleged violation, and ordering appropriate temporary relief to mitigate the violation or to maintain the status quo pending the completion of a full investigation or hearing, through the procedures set forth in Chapter 4 (commencing with Section 79) of Division 1 and Section 1197.1, including by issuance of a citation against an employer, a fast food restaurant operator, or any other liable person under this part, 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. In any successful civil action to enforce this section by the Labor Commissioner or an employee, the court may grant injunctive relief in order to obtain compliance with this part, and shall award costs and reasonable attorney’s fees.

(3) A standard promulgated pursuant to subdivision (d) shall not supersede a standard covered by a valid collective bargaining agreement if the agreement expressly provides for the wages, hours of work, and working conditions of the employees, and a regular hourly rate of pay not less than 30 percent more than the state minimum wage for those employees, if the agreement provides equivalent or greater protection than the standards established by the council and if state law on the same issue authorizes an exception for employees covered by a collective bargaining agreement. Nothing in this section shall be construed to allow a collective bargaining agreement to waive any occupational health and safety protections.

(4) Nothing in this section shall be construed to require local health departments to enforce standards issued by the council.

(k) The Labor Commissioner is authorized to issue any other rules, regulations, and guidance necessary for the enforcement of this part consistent with its authority under Section 98.8.

(l) (1) No ordinance or regulation applicable to fast food restaurant employees that sets the amount of wages or salaries for fast food restaurant employees shall be enacted or enforced by any city, county, or city and county, including charter cities, charter counties, and charter cities and counties.

(2) This subdivision does not preclude a city, county, or city and county, including charter cities, charter counties, and charter cities and counties, from establishing a minimum wage that is generally applicable to all industries.

(3) This subdivision does not preclude any employer that employs fast food restaurant employees from establishing higher wage or compensation rates for its employees or contracted employees.

(4) (A) Subject to subdivision (m), this subdivision shall become inoperative if the hourly minimum wage established pursuant to subparagraph (A) of paragraph (2) of subdivision (d) does not take effect on April 1, 2024, or by a later date arising from a delay or other temporary pause in the implementation of that hourly minimum wage that is forced by an injunction or other proper judicial or administrative action, whichever is later.

(B) Subject to subparagraph (A) of this paragraph and subdivision (m), this subdivision shall remain in effect only so long as the council maintains authority to establish minimum wage increases pursuant to subparagraphs (A) and (B) of paragraph (2) of subdivision (d).

(m) Subject to Section 1477, subdivisions (a) to (i), inclusive, and (l) of this section shall become inoperative as of January 1, 2029, and the council shall cease operations. Any standards adopted by the appropriate agencies pursuant to this section shall not be impacted by the cessation of the council.

history: (History: Added by Stats. 2023, Ch. 262, Sec. 3. (AB 1228) Effective January 1, 2024.)


citation: LAB § 1476

text:
(a) A fast food restaurant operator shall not discharge or in any manner discriminate or retaliate against any employee due to the employee’s participation in or testimony to any proceeding convened by the council.

(b) The council shall be deemed a governmental agency for purposes of subdivision (a) of Section 1102.5.


citation: LAB § 1477

text: Sections 1474 to 1476, inclusive, shall become operative and shall take effect commencing January 1, 2024, only if Referendum No. 1939 (Attorney General No. 22-0005) has been withdrawn by its proponents by January 1, 2024. If that referendum has not been withdrawn by its proponents by January 1, 2024, Sections 1474 to 1476, inclusive, and this section shall become inoperative on January 1, 2024, and as of that date, are repealed.


citation: LAB § 1490

text:
(a) The Legislature finds and declares that stability in the California health care workforce will further its efforts to manage the COVID-19 pandemic and address other public health issues that face Californians.

(b) The Legislature further finds and declares that providing California health care workers in 24 hour care facilities with retention payments, as appropriated and available, will advance California’s effort to promote stability and retention in California’s health care workforce.

history: (History: Added by Stats. 2022, Ch. 47, Sec. 37. (SB 184) Effective June 30, 2022.)

path: 2. EMPLOYMENT REGULATION AND SUPERVISION > 2. Domestic Work Employee Rights > 4.6. Hospital and Skilled Nursing Facility COVID-19 Worker Retention Pay


citation: LAB § 1491

text:
For purposes of this part, the following definitions apply:

(a) “Covered entity” means a person or entity that owns or operates a qualifying facility, including the Regents of the University of California.

(b) “Covered Services Employer” means a person or entity meeting both of the following:

(1) Directly employs or exercises control over the wages, hours, or working conditions.

(2) Provides onsite services such as clerical, dietary, environmental services, laundry, security, engineering, facilities management, administrative, or billing staff through a contract with a qualifying facility or provides nurse practitioners or physician assistants at a qualifying facility through a professional corporation where the professional corporation is the employer of record.

(c) “Date of record” means a date determined by the department that is no later than 45 days after end of the qualifying work period.

(d) “Department” means the State Department of Health Care Services.

(e) “Eligible full-time employee” means a person who meets both of the following:

(1) Is employed by a covered entity or covered services employer as of the date of record and is not a manager or supervisor.

(2) Was compensated for at least 400 in-person hours performed on the site of a qualifying facility during the qualifying work period for a single covered entity or covered services employer, or is considered to be a full-time employee on the site of a qualifying facility by the covered entity or covered services employer.

(f) “Eligible part-time employee” means a person who meets both of the following:

(1) Is employed by a covered entity or covered services employer as of the date of record and is not a supervisor or manager.

(2) Was compensated for at least 100 in-person hours, but less than 400 in-person hours, performed on the site of a qualifying facility during the qualifying work period for a single covered entity or covered services employer, or is considered to be a part-time employee by the covered entity or covered services employer, and is not considered to be an eligible full-time employee on the site of a qualifying facility by the covered entity or covered services employer.

(g) “Eligible physician” means a person who meets both of the following:

(1) Is a physician or surgeon, licensed by California state law.

(2) Primarily provides in-person patient care work in a clinical or medical department, or works as a member of the patient care team during the qualifying work period and on the date of record, at a qualifying facility or is an employee under Section 2401 of the Business and Professions Code of a covered entity or physician entity working primarily in-person on the site of a qualifying facility during the qualifying work period and on the date of record.

(h) “Managers and supervisors” means persons who meet all of the following:

(1) Whose duties and responsibilities involve the management of the enterprise in which they are employed or of a customarily recognized department or subdivision thereof.

(2) Who customarily and regularly directs the work of two or more other employees of the enterprise in which they are employed or of a customarily recognized department or subdivision thereof.

(3) Who has the authority to hire or fire other employees or whose suggestions and recommendations as to the hiring or firing and as to the advancement and promotion or any other change of status of other employees will be given particular weight.

(4) Who customarily and regularly exercises discretion and independent judgment.

(5) Who is primarily engaged in duties which meet the test of the exemption. The activities constituting exempt work and nonexempt work shall be construed in the same manner as such items are construed in the following regulations under the Fair Labor Standards Act effective as of the date of this order: Sections 541.102, 541.104-111, and 541.115-116 of Title 29 of the Code of Federal Regulations. Exempt work shall include, for example, all work that is directly and closely related to exempt work and work which is properly viewed as a means for carrying out exempt functions. The work actually performed by the employee during the course of the work week must, first and foremost, be examined and the amount of time the employee spends on such work, together with the employer’s realistic expectations and the realistic requirements of the job, shall be considered in determining whether the employee satisfies this requirement.

(6) Who must earn a monthly salary equivalent to no less than two times the state minimum wage for full-time employment. Full-time employment is defined in subdivision (c) of Section 515 as 40 hours per week.

(i) “Matching retention payments” means monetary compensation other than salaries, wages, and overtime paid to an eligible full-time employee or eligible part-time employee that was paid on or after December 1, 2021, or will be paid on or before December, 31, 2022, and meets any of the following criteria:

(1) The compensation was or is paid as hazard or bonus pay as a result of the COVID-19 pandemic.

(2) The compensation was or is paid as a bonus based on performance or financial targets or a payout resulting from performance sharing programs designed to provide employees with a share in performance gains.

(3) The compensation was or is paid in response to operational needs of the covered entity or covered services employer, including, but not limited to, staffing shortages or recruitment needs.

(j) “Physician entity” means any legal entity that contracts with a qualifying facility to provide physician services, including, but not limited to, professional medical corporations and sole proprietorships.

(k) “Qualifying facility” means a health facility that is not a state facility and is licensed as one of the following:

(1) A general acute care hospital as defined in subdivision (a) of Section 1250 of the Health and Safety Code.

(2) An acute psychiatric hospital as defined in subdivision (b) of Section 1250 of the Health and Safety Code.

(3) A skilled nursing facility as defined in subdivision (c) of Section 1250 of the Health and Safety Code.

(4) A clinic organized under subdivision (l) of Section 1206 of the Health and Safety Code that is affiliated, owned, or controlled by a person or entity that owns or operates a facility described in paragraph (1).

(5) A clinic organized under subdivision (b), (d), or (r) of Section 1206 of the Health and Safety Code that is affiliated, owned, or controlled by a person or entity that owns or operates a facility described in Paragraph (1) or Parts 405 and 491 of Title 42 of the United States Code.

(6) A physician organization that is part of a fully integrated delivery system that includes a physician organization, health facility or health system, and a nonprofit health care service plan that provides medical services to enrollees in a specific geographic region of the state through an affiliate hospital system and an exclusive contract between the nonprofit health care service plan and a single physician organization in each geographic region to provide those medical services.

(7) A designated public hospital system that is comprised of a designated public hospital, as defined in subdivision (f) of Section 14184.10 of the Welfare and Institutions Code, and its affiliated governmental health and behavioral health provider entities, including nonhospital settings. A single designated public hospital system may include multiple designated public hospitals under common government ownership.

(l) “Qualifying work period” means a 91-day period identified by the department beginning no later than 30 days after the enactment of this section.

(m) “State facility” means a health facility that is owned or operated by this state or any state department, authority, bureau, commission, or officer, other than a health facility owned or operated by the Regents of the University of California. A health facility owned or operated by the Regents of the University of California is not be considered a state facility.

part: 4.6. Hospital and Skilled Nursing Facility COVID-19 Worker Retention Pay


citation: LAB § 1492

text:
(a) Upon appropriation by the Legislature, the department shall provide funding to participant covered entities, covered services employers, and physician entities to make retention payments to their eligible employees or eligible physicians, and shall make retention payments directly to eligible physicians who are not employees of a covered entity or physician entity, for the public purposes specified in Section 1490. The department may provide up to one thousand five hundred dollars ($1,500) for each eligible full-time employee, one thousand two hundred and fifty dollars ($1,250) for each eligible part-time employee, or one thousand dollars ($1,000) for each eligible physician, subject to the methodology described in subdivision (d) and the aggregate amount of funding available for this purpose.

(b) As a condition of receipt of funding pursuant to this section, a covered entity, covered services employer or a physician entity shall submit to the department the following information for each eligible full-time employee, eligible part-time employee, or eligible physician employed by, or otherwise affiliated with, a covered entity, covered services employer, or physician entity, by a date specified by the department:

(1) Name of the eligible full-time employee, eligible part-time employee, or, if applicable, eligible physician employed by, or otherwise affiliated with, a covered entity or physician entity.

(2) Mailing address of the eligible full-time employee, eligible part-time employee, or, if applicable, eligible physician employed by, or otherwise affiliated with, the covered entity or physician entity.

(3) The total amount of matching retention payments that the covered entity or covered services employer paid or will pay to the eligible full-time employee or eligible part-time employee. A covered entity or covered services employer is not obligated to make a matching retention payment.

(4) Number of hours for which the covered entity or covered services employer compensated the eligible full-time employee or eligible part-time employee during the qualifying work period.

(5) If a covered entity, a list of eligible physicians that are employed by the covered entity, contracted with or employed by a physician entity under contract with the covered entity, or described in subparagraph (A) of paragraph (2) of subdivision (g) of Section 1491.

(6) If a covered services employer, a list of covered entities that the covered services employer contracts with for specified services staff.

(7) Any other information as required by the department for purposes of implementing this part.

(c) Following the deadline specified by the department for submissions by a covered entity, covered services employer, or physician entity pursuant to subdivision (b), the department shall determine the amount of the retention payment to be paid by each participant covered entity, covered services employer, or physician entity to each eligible employee or eligible physician, and the amount of retention payment to be paid by the department to each eligible physician who is not an employee of a covered entity or employed by or contracted with a physician entity, based on available funding and the total number of eligible full-time employees, eligible part-time employees, and eligible physicians reported pursuant to subdivision (b). The amount of the retention payment shall be calculated as follows, subject to available funding and reduced on a pro rata basis if necessary:

(1) For an eligible full-time employee, the state payment amount shall be one thousand dollars ($1,000) plus the amount of matching retention payment paid to the eligible full-time employee by the covered entity or covered services employer, up to a total maximum state payment of one thousand five hundred dollars ($1,500).

(2) For an eligible part-time employee, the state payment amount shall be seven hundred and fifty dollars ($750) plus the amount of matching retention payment paid to the eligible part-time employee by the covered entity or covered services employer, up to a total maximum state payment of one thousand two hundred and fifty dollars ($1,250).

(3) For an eligible physician, the state payment amount shall be one thousand dollars ($1,000).

(4) The department may reduce the payment amounts described in paragraphs (1), (2), or (3) on a pro rata basis to reflect the total amount of funding appropriated to the department and the total number of eligible full-time employees, eligible part-time employees, and eligible physicians reported.

(5) To the extent feasible, the department shall adopt a methodology so that a single eligible full-time employee, eligible part-time employee, or eligible physician affiliated with multiple covered entities, covered services employers, or physician entities does not receive more than one retention payment.

(d) (1) The department shall determine the conditions and data reporting requirements for participant covered entities, covered services employers, and physician entities to be eligible to receive funding for retention payments.

(2) The covered entity, covered services employer, or physician entity shall provide all funding to their eligible employees and eligible physicians within 60 days of receipt from the department. The covered entity, covered services employer, or physician entity shall attest, in a form and manner specified by the department and under penalty of perjury, that all funding received pursuant to this section was provided within 60 days of receipt from the department.

(3) The covered entity, covered services employer, or physician entity shall immediately return to the department any funding received pursuant to this section that is not distributed within 60 days of receipt from the department. The department shall return the funds to the original appropriation and the Department of Finance may transfer any unspent or returned funds from the original appropriation to the General Fund.

(4) The covered entity, covered services employer, or physician entity shall report to the department within 90 days of receipt of funds information on the number of eligible employees or eligible physicians paid by profession type, the total amount of payments made including covered entity or covered services employer matching funds for eligible employees, and information on the timing of payments.

(5) The covered employer, covered services employer, or physician entity shall not use the funding to supplant other payments from the covered employer, covered services employer, or physician entity to the eligible full-time employee, eligible part-time employee, or eligible physician.

(e) (1) The department may make payments described in this section to covered entities and eligible physicians using the existing Medi-Cal Checkwrite system. Except as required by federal law, any payments made pursuant to this section shall be exempt from any adjustments or deductions made by the department to Medi-Cal payments made to covered entities or eligible physicians, including, but not limited to, provider withholds or provider payment reductions.

(2) Payments made pursuant to this section to covered entities, covered services employers, physician entities, or eligible physicians shall not be considered as payments for patient care or medical services.

(3) The Department of Health Care Access and Information, in consultation with appropriate stakeholders, shall release a technical letter to instruct covered entities, physician entities, and eligible physicians in how to report this revenue through the established health care financial reports, including, but not limited to, those required under Section 128810 of the Health and Safety Code, or Section 97040 of Title 22 of the California Code of Regulations.

(f) The department may enter into exclusive or nonexclusive contracts, or amend existing contracts, on a bid or negotiated basis for purposes of implementing this part. Contracts entered into or amended pursuant to this subdivision shall be exempt from Chapter 6 (commencing with Section 14825) of Part 5.5 of Division 3 of Title 2 of the Government Code, Section 19130 of the Government Code, Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code, and from the State Administrative and State Contracting manuals, and shall be exempt from the review or approval of any division of the Department of General Services.

(g) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department and the Department of Health Care Access and Information may implement, interpret, or make specific this part, in whole or in part, by means of information notices or other similar instructions, without taking any further regulatory action.

(h) The Legislature finds and declares that this section is a state law within the meaning of Section 1621(d) of Title 8 of the United States Code.

(i) This part shall be implemented only to the extent that the department determines that federal financial participation under the Medi-Cal program is not jeopardized.


citation: LAB § 1493

text:
(a) In the event of a dispute about the status of an employee as a full-time eligible employee, part-time eligible employee, the retention payment amount, or the covered entity’s or covered service employer’s failure to make a retention payment, the employee or a labor organization that represents the employee may write to the employer and request a review of the employee’s eligibility status, retention payment amount, or the employer’s failure to make a retention payment. The employer shall have 30 days to review the employee’s request, disclose to the employee the amount received from the department subject to the methodology described in subdivision (d) of Section 1492, and cure any alleged deficiency without damages.

(b) If the covered entity or covered services employer does not conclude the retention payment review described in subdivision (a) within 30 days of receipt of the review request, or the employer does not cure the alleged deficiency within 30 days of receipt of the review request, and the alleged deficiency is five hundred dollars ($500) or less the employee may file a complaint with the Labor Commissioner as provided in Section 98. If the Labor Commissioner finds that the covered entity or covered services employer is liable for failing to make a required retention payment, the covered entity or covered services employer shall be ordered to make full payment of the unpaid amount, plus interest at the rate of interest specified in subdivision (b) of Section 3289 of the Civil Code, which shall accrue from the date that the retention payment funds were transmitted to the covered entity or covered services employer by the department as provided in Section 1492. A covered entity or covered services employer that willfully fails to make a full retention payment after receiving a request for review described in subdivision (a) shall be liable to the employee for liquidated damages in an amount equal to the unpaid amount.

(c) If the covered entity or covered services employer does not conclude the retention payment review described in subdivision (a) within 30 days of receipt of the review request, or does not cure the alleged deficiency within 30 days of receipt of the review request, and the alleged deficiency is greater than five hundred dollars ($500) the employee may file a complaint with the Labor Commissioner as provided in Section 98 or the employee may file a civil action in court to recover the deficiency. If the Labor Commissioner or court finds that the covered entity or covered services employer is liable for failing to make a required retention payment, or designate an employee for such payment, the covered entity or covered services employer shall be ordered to make full payment of the unpaid amount, plus interest at the rate of interest specified in subdivision (b) of Section 3289 of the Civil Code, which shall accrue from the date that the retention payment funds were transmitted to the covered entity or covered services employer by the department as provided in Section 1492 or from the date a covered employer or covered services employer should have designated an employee for such payment. A covered entity or covered services employer that willfully fails to make a full retention payment after receiving a request for review described in subdivision (a) shall be liable to the employee for liquidated damages in an amount equal to the unpaid amount. In any civil action brought by an employee for the nonpayment of retention payments, the court shall award reasonable attorney’s fees and costs to a prevailing employee.

(d) Notwithstanding any other law, the Department shall not be liable for any payment, interest, liquidated damages or attorney’s fees and costs awarded to an employee pursuant to this section, and shall not be required to indemnify a covered entity or covered services employer for any such liability they incur pursuant to this section.

(e) The Labor Commissioner shall enforce this part, including investigating an alleged violation, and ordering appropriate temporary relief to mitigate the violation or to maintain the status quo pending the completion of a full investigation or hearing through the procedures set forth in Sections 98, 98.3, or 1197.1, including by issuance of a citation against an employer who violates this article, 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 1197.1, as appropriate.


citation: LAB § 1494

text:
(a) In the event of a dispute about the status of an eligible physician, the retention payment amount, or the physician entity’s failure to make a retention payment, the physician may write to the physician entity and request a review of the physician’s eligibility status, retention payment amount, or the physician entity’s failure to make a retention payment. The physician entity shall have 30 days to review the physician’s request, disclose to the physician the amount received from the department subject to the methodology described in subdivision (d) of Section 1492, and cure any alleged deficiency without penalty.

(b) If the physician entity does not conclude the retention payment review described in subdivision (a) within 30 days of receipt of the review request, or the physician entity does not cure the alleged deficiency within 30 days of receipt of the review request, the employee may file a complaint with the department. If the department finds that the physician entity failed to make a required retention payment, the physician entity shall be ordered to make full payment of the unpaid amount, plus interest at the rate of interest specified in subdivision (b) of Section 3289 of the Civil Code, which shall accrue from the date that the retention payment funds were transmitted to the physician entity by the department as provided in Section 1492. A physician employer that willfully fails to make a full retention payment after receiving a request for review described in subdivision (a) shall be liable to the employee for liquidated damages in an amount equal to the unpaid amount.

(c) Notwithstanding any other law, the department shall not be required to indemnify a physician entity for any liability it incurs pursuant to subdivision (b).