©2025 Seyfarth Shaw LLP www.seyfarth.com 2025 Cal-Peculiarities | 27 62 Lab. Code §§ 226.8 and 2753. Penalties range from $5,000 to $25,000 per violation. 63 22 Cal. Code Regs. § 4304-1. 64 22 Cal. Code Regs. §§ 4304-2 to 4304-12. 65 Lab. Code § 2750.5. 66 For more information, see https://www.aaaa.org/blog/new-california-freelancer-law-takes-effect-on-january-12025/#:~:text=AB%202257%20served%20as%20clean,but%20the%20topics%20are%20related (last visited Apr. 29, 2025). 67 Ca - Departments - CUIAB". www.allgov.com. 68 For more information, see https://cuiab.ca.gov/ (last visited Mar. 12, 2024). UIAB decisions can have binding effect. In Happy Nails & Spa of Fashion Valley v. Su, 217 Cal. App. 4th 1459 (2013), ordered not officially published (Nov. 20, 2013), the Court of Appeal held that once the UIAB found that cosmetologists were independent contractors, the Labor Commissioner was collaterally estopped to pursue penalties on the basis that the workers were really employees. 69 Claxton v. Waters, 34 Cal. 4th 367, 376 (2004) (standard preprinted form used to settle workers’ compensation claim releases only those claims within scope of the workers’ compensation system, and not claims asserted in separate civil actions); Camacho v. Target Corp., 24 Cal. App. 5th 291, 311 (2018) (reversing summary judgment for employer as to statutory discrimination claims and tort claims; mandatory preprinted C&R form, amended since Claxton, does not release claims outside workers’ compensation system and expressly disclaims any intent to do so). A different result obtained in Jefferson v. Dep’t of Youth Auth., 28 Cal. 4th 299, 304 (2002), only because there the parties in an attachment to their settlement agreement clearly expressed their intent to settle matters outside the scope of workers’ compensation. 70 For more information, see www.dir.ca.gov/DWC (last visited Mar. 21, 2025). On July 15, 2024, Governor Gavin Newsom signed AB 1870 into law, amending Cal. Lab. Code § 3550 to mandate that employers must include information in notices related to workers’ compensation rights and benefits that an injured employee has the right to consult an attorney for advice and that attorney fees will be paid from the injured worker’s award in most instances. The amendments took effect on January 1, 2025. 71 8 Cal. Code Regs. § 336. 72 8 Cal. Code Regs. § 334. 73 8 Cal. Code Regs. § 336(g). 74 For more information, see http://www.dir.ca.gov/DOSH (last visited Mar. 21, 2025).
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