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 T 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.
-
-
Change of Status Notification Requirement
(State-EDD) CUIC
§1089
-
-
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.
-
-
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.
-
-
See Twenty Five or More Employees
section for additional law.
-
-
Drug Free Workplace (State) (Applies to
any state contractor or grant recipient) CGC
§8350 et seq.
-
-
Economic Espionage Act (Federal) 18 USC §1831 trade secrets.
See also, Trade Secrets Act (State).
-
Employee Invention Rights (State) CLC
§2870 et seq.
-
-
-
-
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
-
-
-
-
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.
-
-
Immigration Reform and Control Act
(Federal ) (I-9 Form Requirement) 8
CFR §274a.2
-
-
-
Jury/Witness Duty Leave (State) CLC
§230
-
-
-
-
-
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
-
-
-
-
-
-
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.
-
-
-
Workers’ Comp Insurance Coverage (State)
CLC
§3700 et seq.
Two to Nineteen Employees:
Four or More Employees:
-
National Origin
Discrimination (Federal) (IRCA covers those employers not covered by Title
II) 8
USC §1324B(a)(2)(A)
Five or More
Employees:
Fifteen or More Employees:
Twenty or More Employees:
-
-
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:
-
Victims of Domestic Violence Leave Act CLC
§230.1 - see also, One or More Employees Section.
-
-
-
School Visitation by Parents,
Guardians, Grandparents (State) CLC
§230.8
Fifty or More
Employees: *within 75
mile radius
One Hundred or More Employees:
-
Car Pooling (Option under Rule 2202 of SCAQMD)
(Effective 1/1/97 applies to over 250 employees)
-
-
-
Federal/State Contractors:
-
-
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)
-
-
-
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