3
Summary of California Law (10th), Agency and Employment
I. NATURE OF AGENCY AND EMPLOYMENT
A. In General.
1. [§1] Restatement of Agency.
2. [§2] Agent.
3. [§3] Employee.
4. [§4] Agent Distinguished From
Employee.
5. [§5] Labor and Laborer.
B. Franchises.
1. [§6] In General.
2. Franchise Relations Act.
(a) [§7] In General.
(b) [§8] Transfer.
(c) [§9] Nonrenewal.
(d) [§10] Termination.
(e) [§11] Offer To Repurchase
Inventory.
3. [§12] New Motor Vehicle Dealership
Franchises.
4. [§13] Petroleum Franchises.
C. Officers and Employees.
1. [§14] Public Officer Distinguished
From Employee.
2. [§15] State and Local Officers.
3. [§16] Incompatible Offices.
4. Civil Service System.
(a) [§17] In General.
(b) [§18] Officers and Employees
Included.
(c) [§19] Independent Contractors.
(d) [§20] Employment as Vested Right.
D. Independent Contractors.
1. [§21] Nature of Relationship.
2. [§22] Necessity for Distinction.
3. Extent of Control.
(a) Nature of Test.
(1) [§23] Control Over Details.
(2) [§24] Right of Control Is
Determinative.
(3) [§25] Freedom Inherent in Nature
of Work.
(4) [§26] Custom and Belief.
(b) Illustrations.
(1) [§27] Route Drivers.
(2) [§28] Outside Salespersons.
(3) [§29] Newspaper and Magazine
Vendors.
(4) [§30] Miscellaneous Examples:
Employees.
(5) [§31] Miscellaneous Examples:
Independent Contractors.
(c) Unlicensed Contractor Is
Presumed To Be Employee.
(1) [§32] Statutory Rule.
(2) [§33] Scope of Rule.
(d) Determination Where Evidence
Is Conflicting.
(1) [§34] Trial Court or Board Upheld.
(2) [§35] Trial Court or Board
Reversed.
4. Distinct Occupation or
Calling.
(a) [§36] Contractors and
Subcontractors.
(b) [§37] Actors, Athletes, and
Entertainers.
(c) [§38] Craftsmen and Mechanics.
(d) [§39] Doctors.
(e) [§40] Nurses.
5. [§41] Right To Discharge.
6. [§42] Form of Contract Is Not
Controlling.
II. PARTICULAR AGENTS
A. [§43] Auctioneers.
B. [§44] Factors.
C. [§45] Nature and Types of Brokers.
D. [§46] Stockbrokers.
E. Real Estate Brokers.
1. [§47] In General.
2. [§48] Obligations and Liabilities.
3. Qualifications of Applicant.
(a) [§49] In General.
(b) [§50] Denial for Conviction of
Crime.
4. License Requirement.
(a) Real Estate Brokers.
(1) [§51] In General.
(2) [§52] Other Persons and Entities
Included.
(b) [§53] Real Estate Salespersons.
(c) [§54] Persons Involved in Mineral,
Oil, or Gas Transactions.
(d) Exempt Persons.
(1) [§55] In General.
(2) [§56] Finder's Agreement.
5. Grounds for Discipline.
(a) [§57] In General.
(b) Fraud and Breach of
Fiduciary Duty.
(1) [§58] In General.
(2) [§59] Illustrations.
(c) [§60] Fraud Judgment in Civil
Action.
(d) [§61] Conviction of Crime.
(e) [§62] Miscellaneous Acts.
6. Required Disclosures.
(a) [§63] In General.
(b) [§64] Broker's Liability to Vendor.
(c) Broker's Liability to Purchaser.
(1) [§65] Judicial Rule.
(2) [§66] Legislative Response.
7. Fund for Defrauded Persons.
(a) [§67] In General.
(b) Procedure.
(1) [§68] Application and Service.
(2) [§69] Administrative Decision.
(3) [§70] Judicial Decision.
(c) Amount of Recovery.
(1) [§71] Transaction Limits.
(2) [§72] Licensee Limits.
(d) [§73] Acts Outside Scope of
License.
(e) [§74] Effect of Judgment.
8. Contract and Commission.
(a) Requisites of Authorization.
(1) [§75] In General.
(2) [§76] Termination Date of
Exclusive Agency.
(b) [§77] Proof of License.
(c) When Commission Is Earned.
(1) [§78] In General.
(2) [§79] Good Faith Requirement.
(3) Purchaser Produced.
(aa) [§80] Ready, Able, and Willing.
(bb) [§81] Arbitrary Refusal or
Inability To Sell.
(cc) [§82] Purchaser's Failure To Meet
Conditions.
(dd) [§83] Purchaser's Fraud.
(4) Requirement of Additional
Performance.
(aa) [§84] Nature of Special Contracts.
(bb) [§85] Exceptions.
(5) [§86] Procuring Cause of Sale.
(6) [§87] Exclusive Agency or Right To
Sell.
(7) [§88] Termination of Listing
Agreement.
III. CREATION OF AGENCY RELATIONSHIP
A. Capacity To Be or To Appoint
Agent.
1. [§89] In General.
2. [§90] Agent of Adverse Party.
3. [§91] Employer as Agent of Group
Insurer.
B. Agency Contracts.
1. [§92] Nature and Requisites.
2. [§93] Question of Fact.
3. [§94] Proof of Agency.
C. [§95] Agency by Ratification.
D. [§96] Ostensible Agency and Agency
by Estoppel.
IV. PRINCIPAL AND AGENT RELATIONSHIP
A. Agent's Fiduciary Obligations.
1. [§97] Statement of Rule.
2. [§98] Illustrations.
B. [§99] Agent's Duty of Care.
C. Agent's Duty of Loyalty.
1. Competition.
(a) [§100] In General.
(b) Inventions and Patents.
(1) [§101] In General.
(2) [§102] Shop Right Rule.
(3) [§103] Statutory Right Nullifying
Contract.
2. Adverse Interest.
(a) [§104] In General.
(b) [§105] Secret Profits.
(c) [§106] Personal Purchase by
Purchasing Agent.
(d) Personal Purchase by Selling
Agent.
(1) [§107] General Rule.
(2) [§108] Purchase Through Another.
(3) [§109] Agent With Option To Buy.
(4) [§110] Cure by Subsequent
Disclosure.
(e) [§111] Dual Agency.
D. Liability of Agent to Principal.
1. Acts or Omissions of Agent.
(a) [§112] In General.
(b) [§113] Failure To Account.
(c) [§114] Breach of Contract.
(d) [§115] Torts Against Principal.
(e) [§116] Indemnity for Tort Against
Third Party.
(f) [§117] Gratuitous Agent.
2. [§118] Acts or Omissions of
Subagent.
3. Remedies and Defenses.
(a) [§119] Remedies of Principal.
(b) [§120] Defenses of Agent.
E. Liability of Principal to
Agent.
1. [§121] Compensation.
2. Indemnity.
(a) [§122] In General.
(b) [§123] Illustrations:
Indemnification Allowed.
(c) [§124] Illustrations:
Indemnification Denied.
3. [§125] Prevention of Performance.
4. Negligence of Employer.
(a) [§126] Unsafe Working Conditions.
(b) [§127] Breach of Duty Voluntarily
Assumed.
5. [§128] Remedies and Defenses.
F. [§129] Rights of Subagent Against
Agent or Principal.
V. PRINCIPAL AND THIRD-PARTY RELATIONSHIP
A. In General.
1. [§130] California Statutes.
2. [§131] Restatement Analysis.
3. [§132] Delegation of Authority.
4. [§133] Third Party's Duty To Ascertain
Authority.
B. Actual Authority.
1. [§134] Authority Given by
Principal.
2. Authority Conferred by Law.
(a) [§135] In General.
(b) [§136] Authority To Sell.
(c) [§137] Authority To Receive or
Collect Money.
(d) [§138] Authority To Draw Checks.
C. Ratification.
1. [§139] Nature and Effect.
2. Form and Manner.
(a) [§140] Formal Ratification: Equal
Dignities Rule.
(b) [§141] Voluntary Acceptance of
Benefits.
(c) [§142] Bringing Suit.
3. [§143] Limitations on Power To
Ratify.
D. Ostensible Authority.
1. [§144] Nature of Ostensible
Authority.
2. Illustrations.
(a) [§145] Ostensible Authority Found.
(b) [§146] Ostensible Authority Not
Found.
3. Apparent Ownership or
Authority To Sell.
(a) [§147] Entrustment of Possession of
Property.
(b) [§148] Entrustment of Instrument in
Blank.
4. [§149] Holding Out Agent as
Principal.
E. Imputed Knowledge and
Notice.
1. [§150] Theory of Doctrine.
2. [§151] Relation to Subject of Agency.
3. [§152] Necessity of Prior Dealings.
4. [§153] Knowledge of Agent Prior to
Employment.
5. [§154] Transaction Between
Principal and One Agent.
6. [§155] Distinction: Good Faith of
Principal.
7. Exception: Agent Acting
Adversely.
(a) [§156] Theory and Scope of
Exception.
(b) [§157] Where Knowledge Is Imputed
Despite Adverse Interest.
F. Liability on Contracts Where
Principal Is Undisclosed.
1. [§158 ] In General.
2. [§159] Where Identity of Principal
Is Known.
3. [§160] Election in Action Against
Principal and Agent.
G. Rights of Principal Against
Third Parties.
1. [§161] Contracts.
2. [§162] Torts.
H. Principal's Liability for Agent's Torts: Where Principal Is
at Fault.
1. [§163] Wrongful Act Directed or
Authorized.
2. [§164] Wrongful Act Ratified.
I. Principal's Liability for Agent's Torts: Where Agent Alone
Is at Fault (Respondeat Superior).
1. [§165] Statement of Doctrine.
2. [§166] Theory of Doctrine: Business
Risk on Innocent Employer.
3. Where Employee Is
Exonerated.
(a) [§167] General Rule.
(b) [§168] Distinctions.
4. Dual Employment.
(a) [§169] Liability of Special
Employer.
(b) Liability of General
Employer.
(1) [§170] In General.
(2) [§171] Hospital Employer of
Surgical Nurse.
(3) [§172] Municipal Employer of Harbor
Pilot.
5. Special Employment Relationships.
(a) [§173] Employee of Representative.
(b) [§174] Subagents and Substitutes.
(c) [§175] Ostensible Agency.
6. Acts Within Scope of
Employment.
(a) Acts Required, Incidental,
or Foreseeable.
(1) [§176] Statement of Rule.
(2) [§177] Illustrations.
(b) [§178] Acts for Personal
Convenience or Pleasure at Workplace.
(c) Deviation or Departure.
(1) [§179] Statement of Rule.
(2) [§180] Illustrations.
(d) "Going and Coming" Rule.
(1) [§181] Rule and Theory.
(2) Exceptions.
(aa) [§182] Dual Purpose (Special
Errand).
(bb) [§183] Travel Time Paid by
Employer.
(cc) [§184] Other Exceptions.
(e) Intentional Torts.
(1) [§185] In General.
(2) Assaults To Maintain Order
or Protect Property.
(aa) [§186] General Rule of Liability.
(bb) [§187] Qualifications and
Distinctions.
(3) Altercations Arising Over
Work.
(aa) [§188] General Rule of Liability.
(bb) [§189] Employee's Independent Act.
(4) [§190] Sexual Assaults.
(f) [§191] Athletic Contests.
J. Principal's Liability for Agent's Torts: Agent's Fraud.
1. [§192] In General.
2. [§193] Agent Placed in Position To
Deceive.
3. [§194] Benefits Retained by
Principal.
VI. AGENT AND THIRD PARTY RELATIONSHIP
A. [§195] Agent's Warranty of Authority.
B. Liability of Agent on
Contract.
1. [§196] Contract in Name of
Principal.
2. [§197] Contract in Name of Agent.
3. [§198] Contract in Name of
Principal and Agent.
C. Liability of Agent for
Torts.
1. Torts of Agent.
(a) [§199] In General.
(b) [§200] Liability of Supervisor to
Coemployee.
2. [§201] Torts of Principal.
D. Liability of Agent To Make
Restitution.
1. [§202] Agent Acting Innocently.
2. [§203] Agent Acting Wrongfully.
VII. LAWFUL TERMINATION OF AGENCY OR EMPLOYMENT
A. In General.
1. [§204] Acts of Parties.
2. [§205] Operation of Law.
3. [§206] Employment for Unspecified
Term.
4. [§207] Durable Power of Attorney.
B. Discharge for Cause.
1. [§208] In General.
2. [§209] Employer's Honest But Mistaken Belief
That Misconduct Has Occurred.
3. [§210] Disloyalty and Subversive
Activities.
4. [§211] Effect of After-Acquired
Evidence of Employee's
Misconduct.
5. [§212] Employee's Justifiable Refusal To
Perform.
C. Notice of Termination.
1. [§213] In General.
2. [§214] Plant Closings and Mass
Layoffs.
3. [§215] Revocation, Death, or
Incapacity of Principal.
4. [§216] Methods of Giving Notice.
D. Power Coupled With an
Interest.
1. [§217] Theory of Irrevocable Power.
2. [§218] Legal or Equitable Title in
Agent.
3. [§219] Duty or Debt Owed to Agent.
4. Interest in Proceeds
Distinguished.
(a) [§220] In General.
(b) [§221] Hotel Management Contracts.
VIII. WRONGFUL TERMINATION OF PRIVATE EMPLOYMENT
A. In General.
1. [§222] Overview.
2. Constructive Discharge.
(a) [§223] In General.
(b) [§224] Limit for Tolerating Working
Conditions.
(c) [§225] Turner Case.
(d) [§226] Recovery Upheld.
(e) [§227] Recovery Denied.
3. [§228] Jury Instructions.
B. Express Employment: Breach
of Contract.
1. [§229] In General.
2. [§230] Enforceability of Express
Contract.
C. [§231] At-Will Employment: In
General.
D. At-Will Employment: Breach
of Implied Contract.
1. [§232] Totality of Circumstances
Test.
2. Evidentiary Considerations.
(a) [§233] In General.
(b) [§234] Parol Evidence Rule and
Express Terms Doctrine.
3. [§235] Wrongful Demotion or Other
Lesser Adverse Action.
4. [§236] Unilateral Reduction in
Wages.
5. [§237] Illustrations: Implied
Contract Established.
6. [§238] Illustrations: Implied
Contract Not Established.
E. At-Will Employment: Breach
of Implied Covenant.
1. [§239] In General.
2. [§240] Covenant Is Not Applicable
To At-Will Termination Cases.
3. [§241] Distinction: Other Employer
Conduct.
F. At-Will Employment:
Violation of Public Policy.
1. In General.
(a) [§242] Development of Law.
(b) [§243] Nature and Scope of Action.
(c) [§244] Employer-Employee
Relationship.
2. Sufficient Violation of
Public Policy.
(a) [§245] In General.
(b) [§246] Policy Delineated in
Constitution, Statute, Regulation, or Rule.
(c) [§247] Public Benefit.
(d) [§248] Fundamental and Substantial
Policy.
(e) [§249] Well-Established Policy.
(f) [§250] Nexus Between Adverse Action
and Violation.
3. Retaliatory Terminations.
(a) [§251] In General.
(b) [§252] Refusing To Engage in
Unlawful Conduct.
(c) Performing Statutory
Obligation.
(1) [§253] In General.
(2) [§254] Physician Advocating
Appropriate Health Care.
(d) Exercising Statutory Right
or Privilege.
(1) [§255] In General.
(2) [§256] Right To Refuse Drug Test or
Rehabilitation Program.
(3) [§257] Distinction: Erroneous Claim
of Right or Privilege.
(e) Reporting Unlawful Conduct.
(1) [§258] In General.
(2) [§259] Illustrations: Recovery
Upheld.
(3) [§260] Illustrations: Recovery
Denied.
4. Discriminatory Terminations.
(a) [§261] In General.
(b) [§262] Discharge Because of
Garnishment.
5. [§263] Other Terminations.
G. Fraud and Deceit.
1. [§264] Inducing Resignation.
2. [§265] Other Fraud Claims.
H. Remedies and Recovery.
1. [§266] Alternative Remedies:
Rescission or Damages.
2. Damages for Breach of
Contract.
(a) [§267] In General.
(b) [§268] Contracts Without Fixed
Compensation.
(c) [§269] Contracts Terminable on
Conditions.
(d) [§270] Contracts With Option To
Extend.
3. Damages for Breach of
Implied Covenant.
(a) [§271] No Tort Damages.
(c) [§272] Breach of Contract as Breach
of Implied Covenant.
4. [§273] Tort Action for Violation of
Public Policy.
5. Effect of Statutory Remedy.
(a) [§274] In General.
(b) [§275] Occupational Safety and
Health Act.
(c) [§276] Workers' Compensation Act.
(d) [§277] Fair Employment and Housing
Act.
IX. WRONGFUL TERMINATION OF PUBLIC EMPLOYMENT
A. Discharge Violating
Constitutional or Statutory Rights.
1. [§278] In General.
2. [§279] Political Activities.
3. [§280] Claim of Self-Incrimination
Privilege.
4. [§281] Personal Appearance.
5. [§282] Unbecoming Conduct.
6. [§283] Criticism of Official
Policies.
7. Whistle-Blower Statutes.
(a) [§284] Disclosure To Agency.
(b) [§285] Disclosure to State Auditor.
(c) [§286] Right To Make Disclosure to
Legislative Committee.
(c) [§287] Complaint About Misconduct
of Local Agency.
(e) [§288] False Claims Act.
B. Discharge Violating Due
Process.
1. Existence of
Constitutionally Protected Right.
(a) [§289] In General.
(b) [§290] Property Interest.
(c) [§291] Liberty Interest.
2. Adequacy of Hearing.
(a) [§292] In General.
(b) [§293] Property Interest.
(c) [§294] Liberty Interest.
C. Discharge for Cause.
1. [§295] In General.
2. Incompetency, Inefficiency,
and Unfitness.
(a) [§296] In General.
(b) [§297] Unfitness to Teach.
3. Insubordination or
Disobedience.
(a) [§298] In General.
(b) [§299] Refusal To Take Lie-Detector
Test.
4. Dishonesty, Immorality, or
Criminal Conviction.
(a) [§300] Grounds for Discharge.
(b) [§301] Test: Conduct Showing
Unfitness for Position.
(c) Sex Offenses.
(1) [§302] In General.
(2) [§303] Sexual Misconduct Without
Criminal Charge.
(3) [§304] Conviction of Misdemeanor.
(d) [§305] Drug Offenses.
(e) [§306] Other Misconduct.
D. Discharge of Nontenured
Employees.
1. [§307] In General.
2. [§308] Dismissal After Extension of
Probation.
3. [§309] Dismissal of Probationary
Teacher.
4. Refusal To Reemploy
Probationary Teacher.
(a) [§310] For Cause.
(b) [§311] For Economic Reasons.
(c) [§312] Without Cause.
E. [§313] Summary Revocation of
Security Clearance.
X. REGULATION OF EMPLOYMENT: IN GENERAL
A. Department of Industrial
Relations.
1. [§314] Organization and Functions.
2. Division of Labor Standards
Enforcement.
(a) [§315] In General.
(b) [§316] Assignment and Collection of
Claims.
(c) [§317] Prosecution of Actions.
(d) Handling of Employee
Complaints.
(1) [§318] Investigation, Hearing, and
Decision.
(2) [§319] Notice of Appeal.
(3) [§320] Appeal by Defendant Who
Defaults.
(4) [§321] Judgment.
(5) [§322] Costs and Attorneys' Fees.
3. [§323] Mediation, Reference, and
Arbitration.
4. [§324] Labor Code Private Attorneys
General Act.
B. Legislation To Promote
Employment.
1. [§325] Labor and Workforce
Development Agency.
2. [§326] Implementation of Federal
Programs.
2. [§327] Student and Youth Programs.
3. [§328] Programs for Specific
Employments.
4. [§329] Miscellaneous Programs.
C. Employee Housing.
1. [§330] Employee Housing Act.
2. [§331] Farm Labor Center Law.
XI. REGULATION OF RIGHT TO EMPLOYMENT
A. Antidiscrimination Laws.
1. [§332] In General.
2. Racial Discrimination.
(a) [§333] Federal Law.
(b) [§334] California Law.
3. [§335] Religious Discrimination.
4. National Origin
Discrimination.
(a) [§336] Federal Law.
(b) [§337] California Law.
5. Sex Discrimination.
(a) [§338] Federal Law.
(b) California Law.
(1) [§339] Constitutional Rights.
(2) [§340] Statutory Protections.
6. Age Discrimination.
(a) [§341] Federal Law.
(b) California Law.
(1) [§342] In General.
(2) [§343] Mandatory Retirement.
7. Disability Discrimination.
(a) [§344] Federal Law.
(b) [§345] California Law.
8. [§346] Harassment of Employee
Because of Classification.
B. Other Restrictions.
1. [§347] Union Participation.
2. [§348] Political Activities.
3. [§349] Unlawful Activities.
4. [§350] Workers' Compensation Claims.
5. [§351] Compulsory Lie Detector
Tests.
6. [§352] Compulsory Drug Tests.
7. [§353] Employee Surveillance.
8. [§354] False Statements To Prevent
Reemployment.
9. [§355] Rights of Military
Personnel.
10. . [§356] Inquiries About Arrest and
Diversion Programs.
11. [§357] Inspection of Personnel
Files.
12. [§358] Special Background Checks.
13. [§359] Other Regulations.
XII. REGULATION OF TIME AND CONDITIONS OF WORK
A. Hour and Day Limits.
1. [§360] In General.
2. [§361] Exemptions.
3. [§362] Regulation and Enforcement.
B. Health, Sanitation, and
Safety Regulations.
1. [§363] In General.
2. Occupational Safety and
Health Act.
(a) [§364] Federal Authorization.
(b) [§365] Standards.
(c) [§366] Enforcement.
(d) [§367] Jurisdiction of Division.
(e) [§368] Appeals.
(f) [§369] Judicial Review.
(g) [§370] Retaliation Prohibited.
3. [§371] Regulation of Specific
Industries.
4. Regulation of Specific
Hazards.
(a) [§372] Carcinogens Control Act.
(b) [§373] Asbestos.
(c) [§374] Drug-Free Workplace Act.
(d) [§375] Work Violence Safety Act.
(e) Tobacco Smoking
Prohibitions.
(1) [§376] Public Buildings and
Vehicles.
(2) [§377] Enclosed Workplaces.
(f) [§378] Miscellaneous Hazards.
C. Regulation of Particular
Groups.
1. [§379] Women.
2. [§380] Minors.
D. [§381] Employee's Right To Disclose Working
Conditions.
XIII. REGULATION OF COMPENSATION
A. Minimum Wage.
1. [§382] General Rules.
2. [§383] Administrative Enforcement.
3. [§384] Judicial Enforcement.
B. Prevailing Wage on Public
Works.
1. [§385] In General.
2. [§386] Exempt Projects.
3. Administrative Enforcement.
(a) [§387] In General.
(b) [§388] Estoppel To Enforce
Penalties.
4. [§389] Private Action by Worker
Against Employer.
5. [§390] No Action Against Agency
Under Tort Claims Act.
6. [§391] Federal Preemption of
Prevailing Wage Laws.
C. [§392] Discrimination on Basis of
Sex.
D. [§393] Equal Pay for Comparable
Work.
E. Time, Place, and Manner.
1. [§394] Regular Paydays.
2. [§395] Payment on Termination or
Strike.
3. [§396] Effect of Arbitration
Agreement on Action To Collect Wages.
4. [§397] Miscellaneous Rules.
F. Penalties for Failure To
Pay.
1. [§398] In General.
2. [§399] Wilful Failure.
G. "Kickbacks" and Deductions.
1. [§400] In General.
2. [§401] No Deduction for Employee
Negligence.
3. [§402] Authorized Deductions.
H. Pension, Health, or Welfare
Funds.
1. [§403] Nature of Funds.
2. [§404] Duties of Employers.
3. [§405] COBRA Insurance Continuation
Programs.
4. ERISA.
(a) [§406] In General.
(b) [§407] Commentary and Practice
Works.
(c) [§408] Scope of Act.
(d) Preemption of State Laws and
Actions.
(1) [§409] In General.
(2) [§410] State Law Preempted.
(3) [§411] State Law Not Preempted.
5. [§412] State-Mandated Employee
Health Insurance.
I. Miscellaneous Regulations.
1. [§413] Compelling Patronage.
2. [§414] Employer's Receipt of Tips.
3. [§415] Employee's Bond.
4. [§416] Commission Salesperson's Draw.
5. [§417] Employee's Right To Disclose Amount
of Wages.
XIV. REGULATION OF VACATION, FAMILY CARE AND MEDICAL LEAVE, AND OTHER
TIME OFF
A. Vacation.
1. [§418] In General.
2. [§419] ERISA Preemption of State
Law.
B. Family Care and Medical
Leave.
1. [§420] Federal Law.
2. [§421] California Law.
C. [§422] Maternity Leave.
D. Leave To Perform Public
Service.
1. [§423] Voters and Election
Officers.
2. [§424] Jurors, Witnesses, and
Victims.
3. [§425] Volunteer Emergency
Personnel.
4. [§426] Military Personnel.
E. Other Time Off.
1. [§427] Employee Appearing at Child's School.
2. [§428] Employee With Alcohol or
Drug Problem.
3. [§429] Employee Disclosing
Illiteracy Problem.
XV. REGULATION OF EMPLOYMENT AGENCIES AND LABOR CONTRACTORS
A. Employment Agency,
Employment Counseling, and Job Listing Services Act.
1. [§430] Nature and Scope of Act.
2. [§431] Remedies and Enforcement.
3. [§432] Access to Records.
4. [§433] Bond or Deposit.
5. Employment Agencies.
(a) [§434] In General.
(b) [§435] Contracts and Fees.
(c) [§436] Job Orders and
Advertisements.
6. Employment Counseling
Services.
(a) [§437] In General.
(b) [§438] Contracts and Fees.
(c) [§439] Advertisements.
7. Job Listing Services.
(a) [§440] In General.
(b) [§441] Contracts and Fees.
(c) [§442] Job Orders and
Advertisements.
8. Nurses' Registries.
(a) [§443] In General.
(b) [§444] Contracts and Fees.
9. Referral of Temporary Long-Term
Health Care Employees.
(a) [§445] In General.
(b) [§446] Requirements.
B. Other Requirements.
1. [§447] Farm Labor Contractors.
2. [§448] Foreign Labor Contractors.
3. [§449] Talent Agencies and Athlete
Agents.
4. [§450] Soliciting Employees by
Misrepresentation.
5. [§451] Contracts Insufficiently
Funded To Ensure Legal Compliance.
XVI. REGULATION OF UNEMPLOYMENT COMPENSATION
A. General Principles.
1. [§452] Object and Nature of
Legislation.
2. [§453] Effect of Federal Statute.
B. Procedure Under Unemployment
Insurance Act.
1. [§454] In General.
2. [§455] Filing and Notice of Claim.
3. [§456] Initial Determination and
Reconsideration.
4. Appeal to Administrative Law
Judge.
(a) [§457] Procedure.
(b) [§458] Payment Pending Appeal.
5. Appeal to Appeals Board.
(a) [§459] Procedure.
(b) [§460] Decision as Precedent.
(c) [§461] Payment Pending Appeal.
6. [§462] Judicial Review.
C. Right to Disability
Benefits.
1. [§463] Nature of Right.
2. [§464] Employments Included.
3. [§465] What Constitutes Disability.
4. [§466] Procedure.
D. Right to Unemployment
Benefits.
1. Employment.
(a) [§467] Employments Included.
(b) [§468] Employments Excluded By
State Law.
(c) [§469] Employments Excluded By
Federal Law.
(d) [§470] Independent Contractors.
2. Eligibility.
(a) [§471] Statutory Conditions.
(b) [§472] Acts and Events Not
Affecting Eligibility.
(c) [§473] Corporate Officers.
(d) [§474] Teachers and Athletes During
Recess or Off Season.
(e) Availability for Work.
(1) [§475] In General.
(2) [§476] Parental Responsibilities.
(3) [§477] Student Workers.
(4) [§478] Part-Time Workers.
(5) [§479] Physical Appearance.
(6) [§480] Religious Beliefs.
(7) [§481] Leaving State.
(8) [§482] Seasonal Employment.
(9) [§483] Allergic Reaction.
(10) [§484] Illegal Aliens.
E. Disqualifications.
1. Leaving Work Without Good
Cause.
(a) [§485] In General.
(b) [§486] What Constitutes Most Recent
Work.
(c) What Constitutes Good Cause.
(1) [§487] Compulsory Retirement.
(2) Leave of Absence.
(aa) [§488] Compulsory Pregnancy Leave.
(bb) [§489] No Job on Return.
(3) [§490] Resignation and Attempted
Withdrawal.
(4) [§491] Job Rotation Under Seniority
Provisions.
(5) [§492] Acceptance of Layoff by
Worker With Seniority.
(6) [§493] Minor Reduction in Pay.
(7) [§494] Refusal To Pay Union Dues.
(8) [§495] Physical Appearance.
(9) Work Conflicting With
Religious Beliefs.
(aa) [§496] In General.
(bb) [§497] Voluntary Acceptance of
Conflict.
(10) [§498] Discrimination Based on
Union Activities and Whistle-Blowing.
(11) Prohibited Discrimination.
(aa) [§499] In General.
(bb) [§500] Failure To Reinstate After
Maternity Leave.
(12) [§501] Sexual Harassment.
(13) Domestic Responsibilities.
(aa) [§502] Leaving To Join Spouse or
Domestic Partner.
(bb) [§503] Leaving To Join
"Marvin" Partner.
(cc) [§504] Leaving To Prevent Domestic
Violence.
(14) [§505] Long Commute.
(15) [§506] School Attendance.
(16) Fear of Health Hazard.
(aa) [§507] In General.
(bb) [§508] Tobacco Smoke.
(17) [§509] Imprisonment.
2. Leaving Work Because of
Trade Dispute.
(a) [§510] Statutory Rule.
(b) [§511] Volitional Test.
(c) [§512] Strike: No Benefits Payable.
(d) [§513] Lockout: Benefits Payable.
3. Discharge for Misconduct.
(a) [§514] In General.
(b) [§515] Intentional Disregard of
Employer's Interests.
(c) [§516] Offensive Remarks or
Threats.
(d) Disobedience of Order or
Rule.
(1) [§517] In General.
(2) [§518] Order Believed to Be
Dangerous to Health.
(3) [§519] Order To Submit To Drug
Test.
(e) [§520] Intoxication.
4. Refusal To Accept or Apply
for Employment.
(a) [§521] In General.
(b) [§522] Position Vacant Due to Labor
Dispute.
(c) [§523] Employment Conditioned on
Loyalty Oath.
5. [§524] Fraud in Seeking Benefits.
F. Effect of Payments From
Other Sources.
1. [§525] In General.
2. [§526] Workers' Compensation Benefits.
3. [§527] Severance or Dismissal Pay.
4. [§528] Retirement Pay.
G. Repayment Where Ineligible.
1. [§529] General Rule and Exceptions.
2. [§530] Notice of Intent To Seek
Recoupment.
XVII. LABOR RELATIONS AND DISPUTES: IN GENERAL
A. [§531] Development of the Law.
B. Federal Legislation.
1. National Labor Relations
Act.
(a) [§532] Nature and Purpose of Act.
(b) [§533] Collective Bargaining.
(c) [§534] Concerted Activity.
(d) [§535] Unfair Labor Practices.
(e) [§536] Practice and Procedure.
2. Labor-Management Relations
Act.
(a) [§537] Nature and Purpose of Act.
(b) [§538] Case Law.
3. [§539] Norris-La Guardia Act.
4. [§540] Fair Labor Standards Act.
5. [§541] Labor-Management Reporting
and Disclosure Act.
6. Railway Labor Act.
(a) [§542] Nature and Purpose of Act.
(b) [§543] Case Law.
7. [§544] Other Statutes.
C. State Legislation.
1. [§545] In General.
2. [§546] Public Policy Favoring
Unions.
3. [§547] Ban on Using State Funds and
Facilities.
4. [§548] Antitrust Exception.
5. [§549] Other Statutes.
D. Conflict of Federal and
State Jurisdiction.
1. Federal Preemption.
(a) [§550] In General.
(b) [§551] Federal Decisions Upholding
Preemption.
(c) [§552] California Decisions
Upholding Preemption.
2. State Power.
(a) [§553] In General.
(b) [§554] Picketing on Private
Property.
(c) [§555] Unemployment Benefits to
Strikers.
(d) [§556] Union's Action for Defamation.
3. [§557] Unlawful Objects of
Concerted Action.
4. [§558] Unlawful Means of Concerted
Action.
5. [§559] Collective Bargaining and
Arbitration.
6. Controversies Between Union
and Employee.
(a) [§560] Contract Action Against
Union.
(b) [§561] Tort Action Against Union.
XVIII. LABOR RELATIONS AND DISPUTES: PUBLIC EMPLOYEES
A. In Absence of Statute.
1. [§562] Traditional View.
2. Right To Strike.
(a) [§563] Former Common Law Rule
Prohibiting Strikes.
(b) [§564] Repudiation of Rule.
(c) [§565] No Tort Damages for Illegal
Strike.
(d) [§566] Distinction: Police Work
Stoppage Is Illegal.