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California Labor Code

California Labor Code

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Contains the California Labor Code

The California Labor Code, more formally known as "the Labor Code" is a collection of civil law statutes for the State of California. The code is made up of statutes which govern the general obligations and rights of persons within the jurisdiction of the State of California.

California Labor Code Divisions

Division 1. Department of Industrial Relations

This Division discusses the role and parameters by which the Department of Industrial Relations operates. One of the functions of the Department of Industrial Relations is to foster, promote, and develop the welfare of the wage earners of California, to improve their working conditions, and to advance their opportunities for profitable employment.

Division 2. Employment Regulation and Supervision

This Division regulates the compensation that employees earn, hours they work, privileges and immunities of employees, agricultural labor relations, employee's wages and working conditions, licensing of talent agencies, public works and public agencies, unemployment relief in public works, car washes, health and sanitary conditions in employment, industrial homework, garment manufacturing, sheepherders and private attorneys general actions.

Division 3. Employment Relations

This Division regulates the relationship between the employer and employee, their employment contract, the obligations of the employee, the inventions made by an employee, the termination of employment and investigations of employees.

Division 4. Workers' Compensation and Insurance

Division 4 (Sections 3200 to 6002) regulates worker's compensation for employees of private employers who are injured while on the job, as well as worker's compensation insurance. The interpretation of the sections in Division 4 has been heavily litigated between employers and employees, and thus, there is a substantial body of case law interpreting this Division.

Pursuant to the procedures set forth in Part 4 of Division 4, California workers' compensation disputes are heard before the Workers Compensation Appeals Board (WCAB), which inherited the adjudicatory functions of the Industrial Accidents Commission. The IAC as originally created was far too small to hear all disputes directly, so it appointed referees who actually conducted hearings in its name, and then the IAC limited itself to hearing appeals from the decisions of those referees. Similarly, the WCAB today appoints workers' compensation judges who conduct hearings in its name in the hearing offices operated by the Division of Workers Compensation of the Department of Industrial Relations. The final orders of the workers' compensation judges by default become acts of the WCAB itself, unless a worker files a "petition for reconsideration" (in other words, appealing to the Board to reconsider the decision of the judge who acted on its behalf).

Division 4.5. Workers' Compensation and Insurance: State Employees Not Otherwise Covered

This Division regulates state employee's worker's compensation should they get injured while on the job and worker's compensation insurance.

Division 4.7. Retraining and Rehabilitation

This Division regulates the referral of injured state employees who may be benefited by rehabilitation services and retrained for other positions in public service.

Division 5. Safety and Employment

This Division regulates the conditions for a safe workplace. The Division of Occupational Safety and Health (DOSH, also known as Cal/OSHA) obtains its legal authority from this Division. DOSH's many responsibilities include inspecting nearly all elevators in California.

The California Codes are 29 legal codes enacted by the California State Legislature, which together form the general statutory law of the state of California.

Tags: dosh codes, division code.

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