©2024 Seyfarth Shaw LLP www.seyfarth.com 2024 Cal-Peculiarities | 19 1. California Employment Law Agencies The Supreme Court's decision in Loper requires courts to use independent judgment in interpreting statutes administered by agencies. Recent agency actions will now face greater scrutiny based upon the Loper decision. These include rules issued by the Department of Labor pertaining to independent contractor classification under the Fair Labor Standards Act (FLSA) and increasing the minimum salary threshold for employees to qualify as exemption under the FLSA; a "walkaround" rule issued by the Occupational Safety and Health Administration allowing union representatives to accompany inspectors during inspections; regulations from the Equal Employment Opportunity Commission implementing the Pregnant Workers Fairness Act; and a rule by the Federal Trade Commission voiding non-compete agreements. Most statutory provisions regulating California employers appear in the Labor Code or the Government Code. Statutory provisions are available on-line at https://leginfo.legislature.ca.gov/. The Department of Industrial Relations, which interprets Labor Code provisions, has information on-line at www.dir.ca.gov. The California Civil Rights Department (formerly the Department of Fair Employment and Housing), which interprets employment discrimination provisions in the Government Code, has information on-line at www.calcivilrights.ca.gov. Below is a partial listing of California employment law agencies.1 Agricultural Labor Relations Board California Apprenticeship Council CAL/OSHA Appeals Board CAL/OSHA Standards Board Civil Rights Department (the new DFEH) Civil Rights Council (formerly, the FEHC) Commission on Health and Safety and Workers’ Compensation Department of Industrial Relations Division of Apprenticeship Standards Division of Labor Standards Enforcement Division of Labor Statistics and Research Division of Occupational Safety and Health Division of Workers’ Compensation Employment Development Department Industrial Medical Council Industrial Welfare Commission Labor and Workforce Development Agency State Compensation Insurance Fund State Mediation and Conciliation Service Workers’ Compensation Appeals Board
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