General Provisions of the California Labor Code

Like the other 28 California Codes, the California Labor Code begins with General Provisions, which were initially enacted in 1937 and there are more than two dozen sections.

Section 1 specifies that this act is known as the Labor Code. Section 2 provides that provisions of the Labor Code that are substantially the same as existing provisions relating to the same subject matter are to be construed as restatements and continuations, rather than as new enactments.

Division 6 provides that division, part, chapter, article, and section headings are not to be deemed to govern, limit, modify or in any manner affect the scope, meaning, or intent of the provisions of any division, part, chapter, article, or section hereof. Section 7 states that an administrative power granted to a public officer may be exercised or the duty performed by a deputy of the officer or by a person authorized pursuant to law.

Section 8 says that a writing includes any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement or record is required by the Labor Code, it must be made in writing. Section 10 provides that “section” means a section of the Labor Code unless some other statute is specifically mentioned.

Section 11 specifies that the present tense includes the past and future tenses; and the future, the present. Section 12 provides that the masculine gender includes the feminine and neuter. Section 12.1 states that the Legislature declares its intent that the terms “man” or “men,” where appropriate, are to be deemed “person” or “persons” and any references to the terms “man” or “men” in sections of this Code be changed to “person” or “persons” when Code sections are being amended for any purpose.

Section 12.2 defines “spouse” to include “registered domestic partner,” as required by Section 297.5 of the Family Code. Section 13 specifies that the singular number includes the plural, and the plural the singular. Section 14 defines “county” to include a city and a county. Section 15 defines the word “shall” to be mandatory and “may” to be permissive. Section 16 defines “oath” to include an affirmation.

The word “signature” or “subscription” is defined to include a mark when the signer or subscriber cannot write, the signer’s or subscriber’s name being written near the mark by a witness who writes their own name near the signer’s or subscriber’s name. Section 18 defines “person” to mean any person, association, organization, partnership, business trust, limited liability company, or corporation.

Section 18.5 defines “agency” to refer to the Labor and Workforce Development Agency. Section 19 defines the word “department” to mean the Department of Industrial Relations. Section 19.5 defines “secretary” to mean the Secretary of Labor and Workforce Development. Section 20 defines the term “director to refer to the Director of Industrial Relations.

Section 21 defines the term “Labor Commissioner” to mean the Chief of the Division of Labor Standards Enforcement. Section 22 defines a “violation” to include a failure to comply with any requirement of the Labor Code. Section 23 provides generally that every offense declared by the Labor Code to be a misdemeanor is punishable by imprisonment in a county jail, not exceeding six months, or by a fine not exceeding $1,000, or both.

Section 25 specifies that, if any provision of the Labor Code is held invalid, then the remainder of the Code, and the application of its provisions to other persons or circumstances, is not affected. Section 26 state that no person who has not previously obtained a license regulated by the Labor Code can be denied a license solely on the basis that he or she has been convicted of a crime if he or she has obtained a certificate of rehabilitation and if their probation has been terminated and the information or accusation has been dismissed.

Section 28 defines “independent medical examiner” to mean a “qualified medical evaluator.” Section 29 defines “medical director” to mean the physician appointed by the administrative director pursuant to Section 122.

Section 29.5 requires the Governor to annually issue a proclamation declaring April 28 as Workers’ Memorial Day in remembrance of the courage and integrity of American workers, and recommending that the day be observed in an appropriate manner.