28 | 2024 Cal-Peculiarities ©2024 Seyfarth Shaw LLP www.seyfarth.com 46 See www.dir.ca.gov/dlse/Manual-Instructions.htm (last visited Mar. 21, 2024). 47 Tidewater Marine W., Inc. v. Bradshaw, 14 Cal. 4th 557, 576 (1996) (no deference owed to DLSE’s Enforcement Manual, because it was not promulgated in conformity with Administrative Procedures Act); see also McFarland v. Guardsmark, LLC, 538 F. Supp. 2d 1209, 121617 (N.D. Cal. 2008) (holding that employee who agrees to on-duty meal break can wave second meal break when working more than 10 hours and not fewer than 12, and rejecting contrary interpretation set forth in DLSE Manual as “void regulation”), aff’d, 588 F.3d 1236 (9th Cir. 2009); Areso v. CarMax, Inc., 195 Cal. App. 4th 996, 1007 (2011) (“we afford no deference to the statement in the DLSE manual,” because it was not properly adopted); California Sch. of Culinary Arts v. Lujan, 112 Cal. App. 4th 16, 27-28 (2003) (rejecting as void a long-standing DLSE “underground regulation” limiting professional exemption for teachers to teachers in colleges that offer a baccalaureate degree). 48 Bell v. Farmers Ins. Exchange, 87 Cal. App. 4th 805, 815 (2001) (quoting Monzon v. Schaefer Ambulance Serv., 224 Cal. App. 3d 16, 30 (1990)). 49 E.g., Hudgins v. Neiman Marcus Grp., Inc., 34 Cal. App. 4th 1109, 1126 (1995) (rejecting DLSE opinion letter as contrary to settled law and as relying on a single out-of-state case that was itself “poorly reasoned”). 50 Lab. Code §§ 96, 98. 51 Lab. Code §§ 96.8, 238, 238.2, 238.3, 238.4, 238.5, and 558.1. 52 Lab. Code §§ 558, 1197, 1197.1, and 2802. 53 SB 306, 2017 bill adding Lab. Code §§ 98.74, 1102.61, 1102.62. 54 Lab. Code § 98.74(a). 55 SB 229, 2019 bill amending Lab. Code § 98.74 (establishing procedures and deadlines to follow when adjudicating or contesting a citation). 56 SB 688, 2019 bill amending Lab. Code § 1197.1. 57 For more information, see http://www.edd.ca.gov (last visited July 12, 2024). 58 Lab. Code §§ 226.8 and 2753. Penalties range from $5,000 to $25,000 per violation. 59 22 Cal. Code Regs. § 4304-1. 60 22 Cal. Code Regs. §§ 4304-2 to 4304-12. 61 Lab. Code § 2750.5. 62 For more information, see https://cuiab.ca.gov/ (last visited Mar. 12, 2024). UIAB decisions can have binding effect. In Happy Nails & Spa of Fashion Valley v. Su, 217 Cal. App. 4th 1459 (2013), ordered not officially published (Nov. 20, 2013), the Court of Appeal held that once the UIAB found that cosmetologists were independent contractors, the Labor Commissioner was collaterally estopped to pursue penalties on the basis that the workers were really employees. 63 Claxton v. Waters, 34 Cal. 4th 367 (2004) (standard preprinted form used to settle workers’ compensation claim releases only those claims within scope of the workers’ compensation system, and not claims asserted in separate civil actions); Camacho v. Target Corp., 24 Cal. App. 5th 291 92018) (reversing summary judgment for employer as to statutory discrimination claims and tort claims; mandatory preprinted C&R form, amended since Claxton, does not release claims outside workers’ compensation system and expressly disclaims any intent to do so). A different result obtained in Jefferson v. Dep’t of Youth Auth., 28 Cal. 4th 299, 304 (2002), only because there the parties in an attachment to their settlement agreement clearly expressed their intent to settle matters outside the scope of workers’ compensation. 64 For more information, see www.dir.ca.gov/DWC (last visited Mar. 12, 2024). 65 8 Cal. Code Regs. § 336. 66 8 Cal. Code Regs. § 334. 67 8 Cal. Code Regs. § 336(g). 68 For more information, see http://www.dir.ca.gov/DOSH (last visited Mar. 17, 2024).
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