California Labor Code. California
of enforcing this chapter, as appropriated by the Legislature.
(c) On or after July 1, 2013, all civil penalties collected pursuant to this chapter shall be deposited in the Labor Enforcement and Compliance Fund.
(Amended by Stats. 2013, Ch. 28, Sec. 38. Effective June 27, 2013.)
CHAPTER 3.6. Employer Use of Consumer Credit Reports [1024.5–1024.6]
(Chapter 3.6 added by Stats. 2011, Ch. 724, Sec. 2.)
1024.5. (a) An employer or prospective employer shall not use a consumer credit report for employment purposes unless the position of the person for whom the report is sought is any of the following:
(1) A managerial position.
(2) A position in the state Department of Justice.
(3) That of a sworn peace officer or other law enforcement position.
(4) A position for which the information contained in the report is required by law to be disclosed or obtained.
(5) A position that involves regular access, for any purpose other than the routine solicitation and processing of credit card applications in a retail establishment, to all of the following types of information of any one person:
(a) Bank or credit card account information.
(b) Social security number.
(c) Date of birth.
(6) A position in which the person is, or would be, any of the following:
(a) A named signatory on the bank or credit card account of the employer.
(b) Authorized to transfer money on behalf of the employer.
(c) Authorized to enter into financial contracts on behalf of the employer.
(7) A position that involves access to confidential or proprietary information, including a formula, pattern, compilation, program, device, method, technique, process or trade secret that (i) derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who may obtain economic value from the disclosure or use of the information, and (ii) is the subject of an effort that is reasonable under the circumstances to maintain secrecy of the information.
(8) A position that involves regular access to cash totaling ten thousand dollars ($10,000) or more of the employer, a customer, or client, during the workday.
(b) This section does not apply to a person or business subject to Sections 6801 to 6809, inclusive, of Title 15 of the United States Code and state and federal statutes or regulations implementing those sections if the person or business is subject to compliance oversight by a state or federal regulatory agency with respect to those laws.
(c) The following definitions apply to this section:
(1) “Consumer credit report” has the same meaning as defined in subdivision (c) of Section 1785.3 of the Civil Code, but does not include a report that (A) verifies income or employment, and (B) does not include credit-related information, such as credit history, credit score, or credit record.
(2) “Managerial position” means an employee covered by the executive exemption set forth in subparagraph (1) of paragraph (A) of Section 1 of Wage Order 4 of the Industrial Welfare Commission (8 Cal. Code Regs. 11040).
(Added by Stats. 2011, Ch. 724, Sec. 2. Effective January 1, 2012.)
1024.6. An employer may not discharge an employee or in any manner discriminate, retaliate, or take any adverse action against an employee because the employee updates or attempts to update his or her personal information based on a lawful change of name, social security number, or federal employment authorization document. An employer’s compliance with this section shall not serve as the basis for a claim of discrimination, including any disparate treatment claim.
(Amended by Stats. 2014, Ch. 79, Sec. 3. Effective January 1, 2015.)
CHAPTER 3.7. Alcohol and Drug Rehabilitation [1025–1028]
(Heading of Chapter 3.7 amended by Stats. 1987, Ch. 506, Sec. 1.)
1025. Every private employer regularly employing 25 or more employees shall reasonably accommodate any employee who wishes to voluntarily enter and participate in an alcohol or drug rehabilitation program, provided that this reasonable accommodation does not impose an undue hardship on the employer.
Nothing in this chapter shall be construed to prohibit an employer from refusing to hire, or discharging an employee who, because of the employee’s current use of alcohol or drugs, is unable to perform his or her duties, or cannot perform the duties in a manner which would not endanger his or her health or safety or the health or safety of others.
(Amended by Stats. 1987, Ch. 506, Sec. 2.)
1026. The employer shall make reasonable efforts to safeguard the privacy of the employee as to the fact that he or she has enrolled in an alcohol or drug rehabilitation program.
(Amended by Stats. 1987, Ch. 506, Sec. 3.)
1027. Nothing in this chapter shall be construed to require an employer to provide time off with pay, except that an employee may use sick leave to which he or she is entitled for the purpose of entering and participating in an alcohol or drug rehabilitation program.
(Amended by Stats. 1987, Ch. 506, Sec. 4.)
1028. An employee may file a complaint with the Labor Commissioner if he or she believes that he or she has been denied reasonable accommodation as required by this chapter. Sections 98, 98.1, 98.2, 98.3, 98.4, 98.5, 98.6, and 98.7 shall be applicable to a complaint filed pursuant to this section.
(Added by Stats. 1984, Ch. 1103, Sec. 1.)
CHAPTER 3.8. Lactation Accommodation [1030–1033]
(Chapter 3.8 added by Stats. 2001, Ch. 821, Sec. 1.)
1030. Every employer, including the state and any political subdivision, shall provide a reasonable amount of break time to accommodate an employee desiring to express breast milk for the employee’s infant child. The break time shall, if possible, run concurrently with any break time already provided to the employee. Break time for an employee that does not run concurrently with the rest time authorized for the employee by the applicable wage order of the Industrial Welfare Commission shall be unpaid.
(Added by Stats. 2001, Ch. 821, Sec. 1. Effective January 1, 2002.)
1031. The employer shall make reasonable efforts to provide the employee with the use of a room or other location, other than a toilet stall, in close proximity to the employee’s work area, for the employee to express milk in private. The room or location may include the place where the employee normally works if it otherwise meets the requirements of this section.
(Added by Stats. 2001, Ch. 821, Sec. 1. Effective January 1, 2002.)
1032. An employer is not required to provide break time under this chapter if to do so would seriously disrupt the operations of the employer.
(Added by Stats. 2001, Ch. 821, Sec. 1. Effective January 1, 2002.)
1033. (a) An employer who violates any provision of this chapter shall be subject to a civil penalty in the amount of one hundred dollars ($100) for each violation.
(b) If, upon inspection or investigation, the Labor Commissioner determines that a violation of this chapter has occurred, the Labor Commissioner may issue a citation. The procedures for issuing, contesting, and enforcing judgments for citations or civil penalties issued by the Labor Commissioner for violations of this chapter shall be the same as those set forth in Section 1197.1.
(c) Notwithstanding any other provision of this code, violations of this chapter shall not be misdemeanors under this code.
(Added