General Provisions of California Labor Code

1.

This act shall be known as the Labor Code.

2.

The provisions of this code, in so far as they are substantially the same as existing provisions relating to the same subject matter, shall be construed as restatements and continuations thereof and not as new enactments.

3.

All persons who, at the time this code goes into effect, hold office under any of the acts repealed by this code, which offices are continued by this code, continue to hold the same according to the former tenure thereof.

4.

No action or proceeding commenced before this code takes effect, and no right accrued, is affected by the provisions of this code, but all procedure thereafter taken therein shall conform to the provisions of this code so far as possible.

5.

Unless the context otherwise requires, the general provisions hereinafter set forth shall govern the construction of this code.

6.

Division, part, chapter, article, and section headings contained herein shall not 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.

7.

Whenever, by the provisions of this code, an administrative power is granted to a public officer or a duty imposed upon such an officer, the power may be exercised or the duty performed by a deputy of the officer or by a person authorized pursuant to law.

8.

Writing includes any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement or record is required by this code, it shall be made in writing. Wherever any notice or other communication is required by this code to be mailed by registered mail by or to any person or corporation, the mailing of such notice or other communication by certified mail shall be deemed to be a sufficient compliance with the requirements of law.

9.

Whenever any reference is made to any portion of this code or of any other law of this State, such reference shall apply to all amendments and additions thereto now or hereafter made.

10.

"Section" means a section of this code unless some other statute is specifically mentioned.

11.

The present tense includes the past and future tenses; and the future, the present.

12.

The masculine gender includes the feminine and neuter.

12.1.

The Legislature hereby declares its intent that the terms "man" or "men" where appropriate shall 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 such code sections are being amended for any purpose. This section is declaratory and not amendatory of existing law.

13.

The singular number includes the plural, and the plural the singular.

14.

"County" includes "city and county."

15.

"Shall" is mandatory and "may" is permissive.

16.

"Oath" includes affirmation.

17.

"Signature" or "subscription" includes mark when the signer or subscriber can not write, such signer's or subscriber's name being written near the mark by a witness who writes his own name near the signer's or subscriber's name; but a signature or subscription by mark can be acknowledged or can serve as a signature or subscription to a sworn statement only when two witnesses so sign their own names thereto.

18.

"Person" means any person, association, organization, partnership, business trust, limited liability company, or corporation.

18.5.

"Agency" means the Labor and Workforce Development Agency.

19.

"Department" means Department of Industrial Relations.

19.5.

"Secretary" means the Secretary of Labor and Workforce Development.

20.

"Director" means Director of Industrial Relations.

21.

"Labor Commissioner" means Chief of the Division of Labor Standards Enforcement.

22.

"Violation" includes a failure to comply with any requirement of the code.

23.

Except in cases where a different punishment is prescribed, every offense declared by this code to be a misdemeanor is punishable by imprisonment in a county jail, not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000), or both.

24.

If any provision of this code, or the application thereof to any person or circumstances, is held invalid the remainder of the code, and the application of its provisions to other persons or circumstances, shall not be affected thereby.

25.

"Sheriff" includes "marshal."

26.

Notwithstanding any other provision of this code, no person who has not previously obtained a license regulated by this code shall be denied a license solely on the basis that he has been convicted of a crime if he has obtained a certificate of rehabilitation under Section 4852.01 and following of the Penal Code, and if his probation has been terminated and the information or accusation has been dismissed pursuant to Section 1203.4 of the Penal Code.

27.

Whenever the term "workers' compensation judge" or "workers' compensation referee" is used in this code in connection with the workers' compensation law, the term shall mean "workers' compensation administrative law judge."

28.

For injuries occurring on and after January 1, 1991, whenever the term "independent medical examiner" is used in this code, the term shall mean "qualified medical evaluator."

29.

"Medical director" means the physician appointed by the administrative director pursuant to Section 122.

29.5.

The Governor shall 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.