Cal-Peculiarities: How California Employment Law is Different 2022 Edition

©2022 Seyfarth Shaw LLP  www.seyfarth.com 2022 Cal-Peculiarities | 19 1. California Employment Law Agencies Most statutory provisions regulating California employers appear in the Labor Code or the Government Code. Statutory provisions are available on-line at www.leginfo.ca.gov . The Department of Industrial Relations, which interprets Labor Code provisions, has information on-line at www.dir.ca.gov. The Department of Fair Employment and Housing, which interprets employment discrimination provisions in the Government Code, has information on- line at www.dfeh.ca.gov. Below is a partial listing of California employment law agencies . 1 Agricultural Labor Relations Board California Apprenticeship Council CAL/OSHA Appeals Board CAL/OSHA Standards Board Commission on Health and Safety and Workers’ Compensation Department of Fair Employment and Housing Department of Industrial Relations Division of Apprenticeship Standards Division of Labor Standards Enforcement Division of Labor Statistics and Research Division of Occupational Safety and Health Division of Workers’ Compensation Employment Development Department Fair Employment and Housing Commission (the new FEHC) Fair Employment and Housing Council (the old FEHC) Industrial Medical Council Industrial Welfare Commission Labor and Workforce Development Agency State Compensation Insurance Fund State Mediation and Conciliation Service Workers’ Compensation Appeals Board 1.1 The Department of Fair Employment and Housing (DFEH), Enforcing the Fair Employment and Housing Act (FEHA) The DFEH, founded in 1959, enforces FEHA and other civil rights laws, including the Unruh Civil Rights Act and the Ralph Civil Rights Act. The DFEH investigates and prosecutes allegations of discriminatory practices in employment, housing and public accommodations, and discriminatory practices involving “hate violence. ” 2 Formerly, California had a Fair Employment and Housing Commission (FEHC), which promulgated regulations , 3 conducted administrative hearings on DFEH complaints, levied fines, and awarded damages. The FEHC also ordered employers to implement written harassment policies and post notices of violations. In 2013, however, the Legislature abolished the FEHC and, with it, the administrative adjudication of FEHA claims.