Selected Employment Law Requirements
by Company Size for California Employers

CCC
CCCP
CCR 
CEC 
CFR 
CGC
CH&S
CIC
CLC
CM&VC
CPC 

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California Civil Code
California Code of Civil Procedure
California Code of Regulations
California Elections Code
Code of Federal Regulations
California Government Code
California Health and Safety Code
California Insurance Code
California Labor Code
California Military and Veterans Code
California Penal Code

CUIC
DOL
DOT
EPA
EO

GISO
IRCA
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USC
§
§§

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California Unemployment Insurance Code
Department of Labor - Federal
Department of Transportation
Equal Pay Act
Executive Order (Presidential)
et seq = Et sequens (and the following one or ones)
General Industry Safety Orders (CA)
Immigration Reform and Control Act
Title
United States Code
Section
Sections

One or More Employee:

  • Age Discrimination (State) GC 12941 et seq.
  • Agriculture Labor Relations Act (State) CLC §1140 et seq.
  • Applicant Identification Records (State) §7287(b) T2 of CCR   
  • Change of Status Notification Requirement (State-EDD) CUIC §1089
  • Child Labor Laws (Federal & State) CLC §1299
  • CA Civil Rights Amendments of 1999.
    Prohibit discrimination based on perception of being or an association with a protected class CCC §. 51.5. See Five or More Employees section for additional law.
  • Civil Rights Act 42 USC §198142 USC § 1983 
  • Claims permitted for loss of wages due to employer demotion, suspension, or discharge for lawful conduct occurring during nonworking hours away from the employer's premises CLC § 96
  • Confidentiality of Medical Information Act (State) CCC §56.20 et seq.
  • Corporate Criminal Liability Act (State) CPC §387  
  • Disability Insurance Coverage (State) CUIC §2601 et seq. 
  • Domestic Violence - (Employee restraining orders) (State) CCC §527.8, and CPC §646.91.  No discrimination for court appearances CLC§230 
  • See Twenty Five or More Employees section  for additional law.
  • Dress Code Requirements (State) CGC §12947.5  
  • Drug Free Workplace (State) (Applies to any state contractor or grant recipient) CGC §8350 et seq. 
  • Drug Testing - DOT (Federal) 49 USC 31133 drug alcohol testing regulations 49 CFR §382.101 et seq.  and at Federal Motor Carrier Safety Administration website 
  • Economic Espionage Act (Federal) 18 USC §1831 trade secrets.  See also, Trade Secrets Act (State).
  • Employee Invention Rights (State) CLC §2870 et seq.
  • Employee Polygraph Protection Act (State & Federal) CLC §432.2(a) et seq., 29 USC 2001 et seq.
  • Employee Registry - New Hire Reporting (State) CUIC §1088.5  
  • Equal Pay Act (State) CLC §§1197.5, 1199, 1199.5  
  • Equal Pay Act (Federal) (EPA applies to employers engaged in interstate or foreign commerce with annual gross sales of $500,000 or more) 29 CFR §1620.1  
  • Ergonomics (State) §5110 of Title 8 of CCR  
  • Fair Credit Reporting Act (Federal/State) (Employment Reference Checking)15 USC §1681CCC §1785.1 et seq., CCC §47(c)  
  • Garnishments-Wage (Federal/State) 15 USC §1601 et seq., CCCP §706.010 et seq. 
  • Harassment - Age, Sex, Religion etc. (State) Harassment, conduct not necessary for the performance of a supervisor's job, as opposed to discrimination by company policy or delegable authority. Reno v. Baird, 18 Cal.4th 640 (1998) CGC §12940(h)(3)(A)  
  • Harassment, race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, sexual orientation or age (State & Federal) CGC §12940 et seq., 42 USC §1981 et seq. 42 USC §2000e et seq. 
  • Hazardous Substances Information and Training Act (State) (If hazardous materials/chemicals at site) CLC §6360 et seq. Hazardous Communication GISO §5194
  • Health Insurance Portability Accountability Act (HIPAA) (Federal) 29 USC §1181 et seq. 
  • Health Insurance Premium Payments (HIPP) (State) CH&S §1357.5 et seq., CIC §10198.7, CIC §10273.4  
  • Immigration Reform and Control Act (Federal ) (I-9 Form Requirement) 8 CFR §274a.2  
  • Injury/Illness Prevention Plans (IIPP) (State) CLC §6401.7 T8 CCR 3203  
  • Insurance Conversion Privileges (State) CLC §2808(b)   
  • Jury/Witness Duty Leave (State) CLC §230  
  • Military Duty Leave (State & Federal) CM & VC §395.06, CM & VC §§394, 394.5, 395, 38 USC §4301 et seq. 
  • National Labor Relations Act 29 USC §157 et seq.
  • No Smoking Policy (State) CLC §6404.5  
  • OSHA (State) CLC §6300 et seq.
  • School Visits for Suspended Child (State) CLC §230.7  
  • Sick Leave Usage - for care of family (State) LC §233
  • Summary Plan Description & Annual Rep Form 5500’s. Required Under Federal ERISA e.g., Health and Welfare Plans, Retirement/ Pension
  • Plans, Severance Plans, etc.) 29 USC §1021 et seq.
  • Time off to Vote (State) CEC §§14000, 14001  
  • Trade Secrets Act (State) CCC §3426 et seq. Employers may make rules prohibiting disclosure CLC §1102.5(a)(c)
  • Unemployment Insurance Coverage (UI) (State/Federal) CUIC §§1-21 et seq. 26 USC §3301 et seq. 
  • Veterans "Reemployment Law" (Federal) 38 USC §4313  
  • Wage & Hour Provisions - FLSA (Federal) (Applies to employers engaged in interstate or foreign commerce with yearly gross sales of $500,000 or more) 29 USC §201 et seq.
  • Wage and Hour Provisions - IWC Orders (State) 
  • Whistleblower Protection Act (State) FEHA CGC §12940(e)-(f)  
  • Workers’ Comp Insurance Coverage (State) CLC §3700 et seq.

Two to Nineteen Employees:

Four or More Employees:

Five or More Employees:

Fifteen or More Employees:

Twenty or More Employees:

  • Age Discrimination (ADEA) (Federal) 29 USC §630 et seq.
  • COBRA - Continuation of Health Care Coverage (Federal) 26 CFR 54.4980B-1 or 26 USC §4980B (Including California’s HIPP CLC § 2807 notice to terminating employees) COBRA Extension Rights (State) employee who worked for the employer for at least five years prior to the date of termination of employment and who is 60 years of age or older. CH&S §1373.621

Twenty-Five or More Employees:

Fifty or More Employees:  *within 75 mile radius

One Hundred or More Employees:

Federal/State Contractors:

  • Drug Free Workplace (Federal, Contracts of $25,000 or More 41 USC §701 et seq.)(State, CGC §8350 et seq.)
  • Rehabilitation Act Handicapped Affirmative Action Plan (AAP) (Federal Contracts $10,000 or more, Prime Subcontracts 29 USC §793, and institutions receiving financial assistance from the federal government of more than $2,500) 
  • Veterans AAP (Federal Contracts of $10,000 or more) 38 USC (Chapter 42) §4211
  • Veterans: Vets 100 report must be filed (Federal contracts of $10,000 or more) 38 USC (Chapter 42) §4211
  • Written AAP (Contracts with the State or Federal Government of $50,000 or more) EO 11246

 

Prevailing Wage, Fringe Benefit and Overtime Requirements:

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

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

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

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

California prevailing wage information.

Note:
Check with your city and county governments for laws that would not be on this list.  For example, Los Angles has a wage ordinance for businesses that applies to companies contracting with the city - Living Wage Ordinance Los Angeles Administrative Code, Division 10, Chapter 1, Article 11.  San Francisco has mandated that domestic partners must be eligible for group health insurance coverage - Equal Benefits Ordinance San Francisco Administrative Code, Chapter 12B.

Source: The Employers Group, 2002