SECTIONS 2800-2810 - California Statutes

LABOR CODE

SECTION 2800-2810

2800. An employer shall in all cases indemnify his employee for
losses caused by the employer's want of ordinary care.

2800.1. An employer shall in all cases take reasonable and
necessary precautions to safeguard musical instruments and equipment,
belonging to an employed musician, located on premises under the
employer's control. In the event such equipment is damaged or stolen
as a result of the employer's failure or refusal to take such
reasonable and necessary precautions, the employer shall be liable to
the owner for repair or replacement thereof if the employed musician
has taken reasonable and necessary precautions to safeguard the
musical instruments and equipment.
For the purposes of this section: (a) "employer" includes a
purchaser of services and the owner of premises upon which an
employed musician is working; and (b) "employee" is any employed
musician working on premises which are under an employer's control.

2800.2. (a) Any employer, employee association, or other entity
otherwise providing hospital, surgical, or major medical benefits to
its employees or members is solely responsible for notification of
its employees or members of the conversion coverage made available
pursuant to Part 6.1 (commencing with Section 12670) of Division 2 of
the Insurance Code or Section 1373.6 of the Health and Safety Code.
(b) Any employer, employee association, or other entity, whether
private or public, that provides hospital, medical, or surgical
expense coverage that a former employee may continue under Section
4980B of Title 26 of the United States Code, Section 1161 et seq. of
Title 29 of the United States Code, or Section 300bb of Title 42 of
the United States Code, as added by the Consolidated Omnibus Budget
Reconciliation Act of 1985 (Public Law 99-272), and as may be later
amended (hereafter "COBRA"), shall, in conjunction with the
notification required by COBRA that COBRA continuation coverage will
cease and conversion coverage is available, and as a part of the
notification required by subdivision (a), also notify the former
employee, spouse, or former spouse of the availability of the
continuation coverage under Section 1373.621 of the Health and Safety
Code, and Sections 10116.5 and 11512.03 of the Insurance Code.
(c) On or after July 1, 2006, notification provided to employees,
members, former employees, spouses, or former spouses under
subdivisions (a) and (b) shall also include the following
notification:
"Please examine your options carefully before declining this
coverage. You should be aware that companies selling individual
health insurance typically require a review of your medical history
that could result in a higher premium or you could be denied coverage
entirely."

2800.3. Any employer, other than a self-insurer, employee
association or other entity otherwise providing hospital, surgical or
major medical benefits to its employees or members shall also make
available conversion coverage which complies with the provisions of
Part 6.1 (commencing with Section 12670) of Division 2 of the
Insurance Code and Section 1373.6 of the Health and Safety Code.

2801. In any action to recover damages for a personal injury
sustained within this State by an employee while engaged in the line
of his duty or the course of his employment as such, or for death
resulting from personal injury so sustained, in which recovery is
sought upon the ground of want of ordinary or reasonable care of the
employer, or of any officer, agent or servant of the employer, the
fact that such employee has been guilty of contributory negligence
shall not bar a recovery therein where his contributory negligence
was slight and that of the employer was gross, in comparison, but the
damages may be diminished by the jury in proportion to the amount of
negligence attributable to such employee.
It shall be conclusively presumed that such employee was not
guilty of contributory negligence in any case where the violation of
any law enacted for the safety of employees contributed to such
employee's injury.
It shall not be a defense that:
(a) The employee either expressly or impliedly assumed the risk of
the hazard complained of.
(b) The injury or death was caused in whole or in part by the want
of ordinary or reasonable care of a fellow servant.
No contract, or regulation, shall exempt the employer from any
provisions of this section.

2802. (a) An employer shall indemnify his or her employee for all
necessary expenditures or losses incurred by the employee in direct
consequence of the discharge of his or her duties, or of his or her
obedience to the directions of the employer, even though unlawful,
unless the employee, at the time of obeying the directions, believed
them to be unlawful.
(b) All awards made by a court or by the Division of Labor
Standards Enforcement for reimbursement of necessary expenditures
under this section shall carry interest at the same rate as judgments
in civil actions. Interest shall accrue from the date on which the
employee incurred the necessary expenditure or loss.
(c) For purposes of this section, the term "necessary expenditures
or losses" shall include all reasonable costs, including, but not
limited to, attorney's fees incurred by the employee enforcing the
rights granted by this section.

2803. When death, whether instantaneously or otherwise, results
from an injury to an employee caused by the want of ordinary or
reasonable care of an employer or of any officer, agent, a servant of
the employer, the personal representative of such employee shall
have a right of action therefor against such employer, and may
recover damages in respect thereof, for and on behalf of the
surviving spouse, children, dependent parents, and dependent brothers
and sisters, in order of precedence as stated, but no more than one
action shall be brought for such recovery.

2803.4. (a) Any employer providing health benefits under the
Employee Retirement Income Security Act of 1974 (29 U.S.C. Sec. 1001,
et seq.) shall not provide an exception for other coverage where the
other coverage is entitlement to Medi-Cal benefits under Chapter 7
(commencing with Section 14000) or Chapter 8 (commencing with Section
14200) of Part 3 of Division 9 of the Welfare and Institutions Code,
or medicaid benefits under Subchapter 19 (commencing with Section
1396) of Chapter 7 of Title 42 of the United States Code. Any
employer providing health benefits under the Employee Retirement
Income Security Act of 1974 shall not provide an exception for the
Medi-Cal or medicaid benefits.
(b) Any employer providing health benefits under the Employee
Retirement Income Security Act of 1974 shall not provide that the
benefits payable are subject to reduction if the individual insured
has entitlement to Medi-Cal or medicaid benefits.
(c) Any employer providing health benefits under the Employee
Retirement Income Security Act of 1974 shall not provide an exception
for enrollment for benefits because of an applicant's entitlement to
Medi-Cal benefits under Chapter 7 (commencing with Section 14000) or
Chapter 8 (commencing with Section 14200) of Part 3 of Division 9 of
the Welfare and Institutions Code, or medicaid benefits under
Subchapter 19 (commencing with Section 1396) of Chapter 7 of Title 42
of the United States Code.
(d) The State Department of Health Services shall consider health
benefits available under the Employee Retirement Income Security Act
of 1974 in determining legal liability of any third party for medical
expenses incurred by a Medi-Cal or medicaid recipient under Section
14124.90 of the Welfare and Institutions Code and Subchapter 19
(commencing with Section 1396) of Chapter 7 of Title 42 of the United
States Code.

2803.5. Any employer who offers health care coverage, including
employers and insurers, shall comply with the standards set forth in
Chapter 7 (commencing with Section 3750) of Part 1 of Division 9 of
the Family Code and Section 14124.94 of the Welfare and Institutions
Code.

2804. Any contract or agreement, express or implied, made by any
employee to waive the benefits of this article or any part thereof,
is null and void, and this article shall not deprive any employee or
his personal representative of any right or remedy to which he is
entitled under the laws of this State.

2806. (a) No employer, whether private or public, shall discontinue
coverage for medical, surgical, or hospital benefits for employees
unless the employer has notified and advised all covered employees in
writing of any discontinuation of coverage, inclusive of nonrenewal
and cancellation, but not inclusive of employment termination or
cases in which substitute coverage has been provided, at least 15
days in advance of such discontinuation.
(b) If coverage is provided by a third party, failure of the
employer to give the necessary notice shall not require the third
party to continue the coverage beyond the date it would otherwise
terminate.
(c) This section shall not apply to any employee welfare benefit
plan that is subject to the Employee Retirement Income Security Act
of 1974.

2807. (a) All employers, whether private or public, shall provide
notification to former employees, along with the notification
required by federal law pursuant to the Consolidated Omnibus Budget
Reconciliation Act of 1985 (Public Law 99-272), of the availability
of continued coverage for medical, surgical, or hospital benefits, a
standardized written description of the Health Insurance Premium
Program established by the State Department of Health Services
pursuant to Section 120835 of the Health and Safety Code and Section
14124.91 of the Welfare and Institutions Code. The employer shall
utilize the standardized written description prepared by the State
Department of Health Services pursuant to subdivision (b).
(b) The State Department of Health Services shall prepare and make
available, on request, a standardized written description of the
Health Insurance Premium Program, at cost.

2808. (a) It is the responsibility of all employers, whether public
or private, to provide to all eligible employees an outline of
coverage or similar explanation of all benefits provided under
employer-sponsored health coverage, including, but not limited to,
provider information for health maintenance organizations and
preferred provider organizations.
(b) All employers, whether public or private, shall provide to
employees, upon termination, notification of all continuation,
disability extension, and conversion coverage options under any
employer-sponsored coverage for which the employee may remain
eligible after employment with that employer terminates.

2809. (a) Any employer, whether private or public, that offers its
employees an employer-managed deferred compensation plan shall
provide to each employee, prior to the employee's enrollment in the
plan, written notice of the reasonably foreseeable financial risks
accompanying participation in the plan, historical information to
date as to the performance of the investments or funds available
under the plan, and an annual balance sheet, annual audit, or similar
document that describes the employer's financial condition as of a
date no earlier than the immediately preceding year.
(b) Within 30 days after the end of each quarter of the calendar
year, the employer, who directly manages the investments of a
deferred compensation plan, shall provide, to each employee enrolled
in a deferred compensation plan offered by the employer, a written
report summarizing the current financial condition of the employer,
summarizing the financial performance during the preceding quarter of
each investment or fund available under the plan, and describing the
actual performance of the employee's funds that are invested in each
investment or fund in the plan.
(c) The obligations described in subdivisions (a) and (b) may be
performed by a plan manager designated by the employer, who may
contract with an investment manager for that purpose.
(d) If an employee is enrolled in a deferred compensation plan
that is self-directed through a financial institution, the
requirements set forth in this section shall be deemed to have been
met.

2810. (a) A person or entity may not enter into a contract or
agreement for labor or services with a construction, farm labor,
garment, janitorial, or security guard contractor, where the person
or entity knows or should know that the contract or agreement does
not include funds sufficient to allow the contractor to comply with
all applicable local, state, and federal laws or regulations
governing the labor or services to be provided.
(b) There is a rebuttable presumption affecting the burden of
proof that there has been no violation of subdivision (a) where the
contract or agreement with a construction, farm labor, garment,
janitorial, or security guard contractor meets all of the
requirements in subdivision (d).
(c) Subdivision (a) does not apply to a person or entity who
executes a collective bargaining agreement covering the workers
employed under the contract or agreement, or to a person who enters
into a contract or agreement for labor or services to be performed on
his or her home residences, provided that a family member resides in
the residence or residences for which the labor or services are to
be performed for at least a part of the year.
(d) To meet the requirements of subdivision (b), a contract or
agreement with a construction, farm labor, garment, janitorial, or
security guard contractor for labor or services must be in writing,
in a single document, and contain all of the following provisions, in
addition to any other provisions that may be required by regulations
adopted by the Labor Commissioner from time to time:
(1) The name, address, and telephone number of the person or
entity and the construction, farm labor, garment, janitorial, or
security guard contractor through whom the labor or services are to
be provided.
(2) A description of the labor or services to be provided and a
statement of when those services are to be commenced and completed.
(3) The employer identification number for state tax purposes of
the construction, farm labor, garment, janitorial, or security guard
contractor.
(4) The workers' compensation insurance policy number and the
name, address, and telephone number of the insurance carrier of the
construction, farm labor, garment, janitorial, or security guard
contractor.
(5) The vehicle identification number of any vehicle that is owned
by the construction, farm labor, garment, janitorial, or security
guard contractor and used for transportation in connection with any
service provided pursuant to the contract or agreement, the number of
the vehicle liability insurance policy that covers the vehicle, and
the name, address, and telephone number of the insurance carrier.
(6) The address of any real property to be used to house workers
in connection with the contract or agreement.
(7) The total number of workers to be employed under the contract
or agreement, the total amount of all wages to be paid, and the date
or dates when those wages are to be paid.
(8) The amount of the commission or other payment made to the
construction, farm labor, garment, janitorial, or security guard
contractor for services under the contract or agreement.
(9) The total number of persons who will be utilized under the
contract or agreement as independent contractors, along with a list
of the current local, state, and federal contractor license
identification numbers that the independent contractors are required
to have under local, state, or federal laws or regulations.
(10) The signatures of all parties, and the date the contract or
agreement was signed.
(e) (1) To qualify for the rebuttable presumption set forth in
subdivision (b), a material change to the terms and conditions of a
contract or agreement between a person or entity and a construction,
farm labor, garment, janitorial, or security guard contractor must be
in writing, in a single document, and contain all of the provisions
listed in subdivision (d) that are affected by the change.
(2) If a provision required to be contained in a contract or
agreement pursuant to paragraph (7) or (9) of subdivision (d) is
unknown at the time the contract or agreement is executed, the best
estimate available at that time is sufficient to satisfy the
requirements of subdivision (d). If an estimate is used in place of
actual figures in accordance with this paragraph, the parties to the
contract or agreement have a continuing duty to ascertain the
information required pursuant to paragraph (7) or (9) of subdivision
(d) and to reduce that information to writing in accordance with the
requirements of paragraph (1) once that information becomes known.
(f) A person or entity who enters into a contract or agreement
referred to in subdivisions (d) or (e) shall keep a copy of the
written contract or agreement for a period of not less than four
years following the termination of the contract or agreement.
(g) (1) An employee aggrieved by a violation of subdivision (a)
may file an action for damages to recover the greater of all of his
or her actual damages or two hundred fifty dollars ($250) per
employee per violation for an initial violation and one thousand
dollars ($1,000) per employee for each subsequent violation, and,
upon prevailing in an action brought pursuant to this section, may
recover costs and reasonable attorney's fees. An action under this
section may not be maintained unless it is pleaded and proved that an
employee was injured as a result of a violation of a labor law or
regulation in connection with the performance of the contract or
agreement.
(2) An employee aggrieved by a violation of subdivision (a) may
also bring an action for injunctive relief and, upon prevailing, may
recover costs and reasonable attorney's fees.
(h) The phrase "construction, farm labor, garment, janitorial, or
security guard contractor" includes any person, as defined in this
code, whether or not licensed, who is acting in the capacity of a
construction, farm labor, garment, janitorial, or security guard
contractor.
(i) (1) The term "knows" includes the knowledge, arising from
familiarity with the normal facts and circumstances of the business
activity engaged in, that the contract or agreement does not include
funds sufficient to allow the contractor to comply with applicable
laws.
(2) The phrase "should know" includes the knowledge of any
additional facts or information that would make a reasonably prudent
person undertake to inquire whether, taken together, the contract or
agreement contains sufficient funds to allow the contractor to comply
with applicable laws.
(3) A failure by a person or entity to request or obtain any
information from the contractor that is required by any applicable
statute or by the contract or agreement between them, constitutes
knowledge of that information for purposes of this section.