Cal-Peculiarities: How California Employment Law is Different - 2024 Edition

©2024 Seyfarth Shaw LLP  www.seyfarth.com 2024 Cal-Peculiarities | 283 LC § Description Penalty 2810 Retention of contractors. A California business that retains certain contractors can be liable to the contractor’s employees for Labor Code violations if the business knew or should have known that the relevant agreement did not include enough money to permit the contractor to satisfy all applicable federal, state, and local labor laws. LC 2810(g): actual damages or $250 for the first violation and $1,000 for each further violation 2810.5 “Wage Theft” Act notice. California employers must notify employees, at the time of hire, of (1) the rates of pay and the basis thereof (e.g., hourly, salary, commission, etc.), including any applicable overtime rates, (2) allowances, if any, claimed as part of the minimum wage, including meal or lodging allowances, (3) the regular designated payday, (4) the employer’s name (including any dba name) and its address and telephone number, (5) the name, address, and telephone number of the employer’s workers’ compensation insurance carrier, (6) the employee’s rights to accrue and use sick leave, to request and use accrued paid sick leave, to be free of retaliation for using or requesting accrued paid sick leave, and to file a complaint against an employer who retaliates, (7) information regarding any state or federal emergency or disaster declaration applicable to the county or counties where the employee will work that was issued within 30 days before the employee’s first day of employment, and that may affect their health and safety during employment, and (8) any other information the Labor Commissioner deems “material and necessary.” n/a as to notice statutes, per LC 2699(g)(2) 2930 Shopping Investigator. Employers who base discipline or dismissal of an employee on a shopping investigator’s report by an outside agency must give the employee, before imposing discipline or dismissal and before concluding an interview that might result in discipline or dismissal, a copy of the report. LC 2699 3550 Workers’ Compensation Posting. Employers must post, where it may be easily read by employees during the workday, a notice with the information specified in this section. LC 6431: up to $12,471 per violation LC 3550 3551 Workers’ Compensation Notice to New Hires. Employers must give new hires, by end of first pay period, information contained in the workers’ compensation posting, provided in English and Spanish. LC 2699 3553 Workers’ Compensation Notice to Employee Victims of Crime. Employers must tell workplace crime victims they are eligible for workers’ compensation for resulting injuries, including psychiatric injuries. This notice must be either personal or by firstclass mail, within one working day of the workplace crime, or within one working day of when employer reasonably should have known of crime. LC 2699

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