Unemployment Insurance Code

§ 1 This act is known and may be cited as the Unemployment Insurance Code. (Enacted by Stats. 1953, Ch. 308.) § 2 The provisions of this code insofar as they are substantially the same as existing statutory provisions relating to the same subject matter shall be construed as restatements and continuations, and not as new enactments. (Enacted by Stats. 1953, Ch. 308.) § 3 Any action or proceeding commenced before this code takes effect, or any right accrued, is not affected by this code, but all procedure taken shall conform to the provisions of this code as far as possible. (Enacted by Stats. 1953, Ch. 308.) § 4 Unless the context otherwise requires, the general provisions hereinafter set forth govern the construction of this code. (Enacted by Stats. 1953, Ch. 308.) § 5 Division, part, chapter, article, and section headings do not in any manner affect the scope, meaning, or intent of the provisions of this code. (Enacted by Stats. 1953, Ch. 308.) § 6 Whenever a power is granted to, or a duty imposed on any person or board by any provision of this code, it may be exercised or performed by any deputy or person authorized by the person or board to whom the power is granted or on whom the duty is imposed, unless it is expressly provided that the power or duty shall be exercised or performed only by the person or board to whom the power is granted or on whom the duty is imposed. (Enacted by Stats. 1953, Ch. 308.) § 7 Whenever any reference is made to any portion of this code or of any other law, the reference applies to all amendments and additions thereto, now or hereafter made. (Enacted by Stats. 1953, Ch. 308.) § 8 “Writing” includes any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, petition, permit, statement, or record is required by this code, it shall be made in writing in the English language. (Enacted by Stats. 1953, Ch. 308.) § 9 “Section” means a section of this code unless some other statute is specifically mentioned, and “subdivision” means a subdivision of the section in which the term occurs unless some other section is expressly mentioned. (Enacted by Stats. 1953, Ch. 308.) § 10 The present tense includes the past and future tenses; and the future, the present. (Enacted by Stats. 1953, Ch. 308.) § 11 The masculine gender includes the feminine and neuter. (Enacted by Stats. 1953, Ch. 308.) § 11.2 “Spouse” includes “registered domestic partner,” as required by Section 297.5 of the Family Code. (Added by Stats. 2016, Ch. 50, Sec. 115. (SB 1005) Effective January 1, 2017.) § 12 The singular number includes the plural and the plural the singular. (Enacted by Stats. 1953, Ch. 308.) § 13 “City” includes incorporated city, city and county, municipal corporation, municipality, town and incorporated town. (Enacted by Stats. 1953, Ch. 308.) § 14 “County” includes city and county. (Enacted by Stats. 1953, Ch. 308.) § 15 “Shall” is mandatory and “may” is permissive. (Enacted by Stats. 1953, Ch. 308.) § 16 “Oath” includes affirmation and written certification or declaration subscribed to be true under penalty of perjury. (Amended by Stats. 1963, Ch. 1548.) § 17 “Signature” or “subscription” includes mark. The mark shall be made as required in the Civil Code. (Enacted by Stats. 1953, Ch. 308.) § 18 If any provision of this code, or its application to any person or circumstance is held invalid, the remainder of the code, or the application of the provision to other persons or circumstances is not affected. (Enacted by Stats. 1953, Ch. 308.) § 19 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 them according to their former tenure. (Enacted by Stats. 1953, Ch. 308.) § 20 Whenever any reference is made to any person, officer, board, or agency by any provision of this code, the reference applies to any other person, officer, board, or agency to whom the functions vested in the person, officer, board, or agency referred to are transferred. (Added by Stats. 1959, Ch. 1729.) § 21 The Legislature hereby declares its intent that the term “workmen’s compensation” shall hereafter also be known as “workers’ compensation.” In furtherance of this policy it is the desire of the Legislature that references to the term “workmen’s compensation” in this code be changed to “workers’ compensation” when such code sections are being amended for any purpose. This act is declaratory and not amendatory of existing law. (Added by Stats. 1974, Ch. 1454.) § 22 Except as otherwise specified, for purposes of this code, “mail,” “mailing,” or “mailed” include a writing transmitted by the United States Postal Service or other common mail carrier or by electronic transmission. For purposes of an electronic transmission, “postmark date” means the date on which the writing was sent. (Added by Stats. 2025, Ch. 240, Sec. 1. (SB 854) Effective January 1, 2026.) § 100 Division 1, Part 1, Chapter 1, Article 1 As a guide to the interpretation and application of this division the public policy of this State is declared as follows: Experience has shown that large numbers of the population of California do not enjoy permanent employment by reason of which their purchasing power is unstable. This is detrimental to the interests of the people of California as a whole. The benefit to all persons resulting from public and private enterprise is realized in the final consumption of goods and services. It is contrary to public policy to permit the supply of consumption goods and services at prices which do not provide against that harm to the population consequent upon periods of unemployment of those who contribute to the production and distribution of such goods and services. Experience has shown that private charity and local relief cannot alone prevent the effects of unemployment. Experience has shown that if the State awaits the coming of excessive unemployment it can neither create immediately the organization necessary to orderly, economical and effective relief nor bear the financial burden of relief without disrupting its whole system of ordinary revenues and without jeopardizing its credit. The Legislature therefore declares that in its considered judgment the public good and the general welfare of the citizens of the State require the enactment of this measure under the police power of the State, for the compulsory setting aside of funds to be used for a system of unemployment insurance providing benefits for persons unemployed through no fault of their own, and to reduce involuntary unemployment and the suffering caused thereby to a minimum. It is the intent of the Legislature that unemployed persons claiming unemployment insurance benefits shall be required to make all reasonable effort to secure employment on their own behalf. (Enacted by Stats. 1953, Ch. 308.) § 101 Division 1, Part 1, Chapter 1, Article 1 This part is a part of a national plan of unemployment reserves and social security, and is enacted for the purpose of assisting in the stabilization of employment conditions. The imposition of the tax herein imposed upon California industry alone, without a corresponding tax being imposed upon all industry in the United States, would, by the corresponding penalty upon California industry, defeat the very purposes of this law as set forth in this article. Therefore when existing federal legislation which provides for a tax upon the payment of wages by employers in this State, against which all or any part of the employer contributions required under this part may be credited is repealed, amended, interpreted, affected or otherwise changed in such manner that no portion of such contributions may be thus credited, then upon the date of such change, the provisions of this part requiring employer contributions and providing for payment of unemployment compensation benefits shall cease to be operative and any assets in the Unemployment Fund or Unemployment Administration Fund shall in the discretion of the State Treasurer be held in the then existing depositaries or otherwise in the State Treasury. In the case of the Unemployment Administration Fund, such money may thereafter be dealt with by the State Treasurer pursuant to the conditions of the grant thereof to the State by the United States Government or agency thereof. (Enacted by Stats. 1953, Ch. 308.) § 102 Division 1, Part 1, Chapter 1, Article 1 All the rights, privileges or immunities conferred by this division or by acts deemed pursuant thereto shall exist subject to the power of the Legislature to amend or repeal this division at any time. (Added by Stats. 1953, Ch. 449.) § 125 Division 1, Part 1, Chapter 1, Article 2 Except where the context otherwise clearly indicates, the definitions set forth in this article shall govern the construction of the provisions of this division. (Enacted by Stats. 1953, Ch. 308.) § 125.3 Division 1, Part 1, Chapter 1, Article 2 “American aircraft” means an aircraft registered under the laws of the United States. (Added by Stats. 1971, Ch. 1107.) § 125.4 Division 1, Part 1, Chapter 1, Article 2 “American employer” means any of the following: (a) An individual who is a resident of the United States. (b) A partnership, if two-thirds or more of the partners are residents of the United States. (c) A trust, if all of the trustees are residents of the United States. (d) A corporation organized under the laws of the United States or of any state. (e) A limited liability company organized under the laws of the United States or of any state. (f) An Indian tribe as described by Section 3306(u) of Title 26 of the United States Code. (Amended by Stats. 2015, Ch. 303, Sec. 507. (AB 731) Effective January 1, 2016.) § 125.5 Division 1, Part 1, Chapter 1, Article 2 “American vessel” means any vessel documented or numbered under the laws of the United States, and includes any vessel which is neither documented or numbered under the laws of the United States nor documented under the laws of any foreign country, if its crew is employed solely by one or more citizens or residents of the United States or corporations organized under the laws of the United States or of any state. (Added by Stats. 1971, Ch. 1107.) § 126 Division 1, Part 1, Chapter 1, Article 2 “Appeals Board” means the California Unemployment Insurance Appeals Board. (Enacted by Stats. 1953, Ch. 308.) § 127 Division 1, Part 1, Chapter 1, Article 2 “Authorized regulations” means regulations promulgated pursuant to the provisions of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, as modified by the provisions of this division, and “regulation” includes the amendment or repeal of a regulation. (Amended by Stats. 1984, Ch. 193, Sec. 141.) § 128 Division 1, Part 1, Chapter 1, Article 2 “Benefits” means the money payments payable to an individual, pursuant to this division, with respect to his unemployment and includes unemployment compensation benefits, federal-state extended benefits, or extended duration benefits, or disability benefits, or all of them. (Amended by Stats. 1970, Ch. 1156.) § 129 Division 1, Part 1, Chapter 1, Article 2 “Calendar quarter” means the period of three consecutive calendar months ending on March 31st, June 30th, September 30th, or December 31st, or the equivalent thereof as may be prescribed by authorized regulations. (Enacted by Stats. 1953, Ch. 308.) § 130 Division 1, Part 1, Chapter 1, Article 2 “Contingent fund” means the Department of Employment Development Contingent Fund. (Amended by Stats. 1973, Ch. 1212.) § 130.5 Division 1, Part 1, Chapter 1, Article 2 “Benefit Audit Fund” means the Employment Development Department Benefit Audit Fund. (Amended by Stats. 1989, Ch. 1010, Sec. 1.) § 131 Division 1, Part 1, Chapter 1, Article 2 “Contributions” means the money payments to the Unemployment Fund, Employment Training Fund, or Unemployment Compensation Disability Fund which are required by this division. (Amended by Stats. 1983, Ch. 1169, Sec. 1. Note: The amendment by Stats. 2003, Ch. 673, did not take effect because Ch. 673 was rejected as referendum Proposition 72 at the November 2, 2004, election.) § 133 Division 1, Part 1, Chapter 1, Article 2 Except as otherwise provided, “department” means the Employment Development Department, which also may be referred to as the Department of Employment Development. (Amended by Stats. 1974, Ch. 503.) § 133.5 Division 1, Part 1, Chapter 1, Article 2 “Department of Benefit Payments” or “State Department of Benefit Payments” shall be construed to refer to and mean the Employment Development Department. (Added by Stats. 1977, Ch. 1252.) § 134 Division 1, Part 1, Chapter 1, Article 2 Except as otherwise provided, “director” means the Director of Employment Development. (Amended by Stats. 1973, Ch. 1212, Sec. 74.) § 134.1 Division 1, Part 1, Chapter 1, Article 2 “Director of Benefit Payments” shall be construed to refer to and mean Director of Employment Development. (Added by Stats. 1977, Ch. 1252.) § 134.5 Division 1, Part 1, Chapter 1, Article 2 “Disability fund” means the “Unemployment Compensation Disability Fund.” (Added by Stats. 1953, Ch. 1294.) § 135 Division 1, Part 1, Chapter 1, Article 2 (a) “Employing unit” means an individual or type of organization that has in its employ one or more individuals performing services for it within this state, and includes but is not limited to, the following individuals and organizations: (1) An individual or type of organization or public entity that elects coverage pursuant to any provision of this division. (2) A joint venture, partnership, association, trust, estate, joint stock company, insurance company, corporation whether domestic or foreign, limited liability company, whether domestic or foreign, community chest, fund, or foundation. (3) A public entity. As used in this section, “public entity” means the State of California (including the Trustees of the California State University), an instrumentality of this state (including the Regents of the University of California), a political subdivision of this state or any of its instrumentalities, a county, city, district (including the governing board of a school district or community college district, a county board of education, a county superintendent of schools, or a personnel commission of a school district or community college district that has a merit system pursuant to the Education Code), entities receiving state money to conduct county fairs and agricultural fairs pursuant to Sections 25905 and 25906 of the Government Code and that perform no other functions, a public authority, public agency, or public corporation of this state, an instrumentality of more than one of the foregoing, and an instrumentality of any of the foregoing and one or more other states or political subdivisions. (4) An instrumentality of the United States required to make payments under this division. (5) The receiver, trustee in bankruptcy, trustee or successor thereof, and the legal representative of a deceased person. (6) An Indian tribe as described by Section 3306(u) of Title 26 of the United States Code. (b) All individuals performing services within this state for an employing unit that maintains two or more separate establishments within this state shall be deemed to be employed by a single employing unit for all the purposes of this division. This subdivision does not apply to an Indian tribe (as described by Section 3306(u) of Title 26 of the United States Code) and the subdivisions, subsidiaries, or other business enterprises wholly owned by the Indian tribe if the tribe chooses to treat those subdivisions, subsidiaries, or other business enterprises as separate business entities for the purposes of Section 803. (Amended by Stats. 2015, Ch. 303, Sec. 508. (AB 731) Effective January 1, 2016.) § 135.1 Division 1, Part 1, Chapter 1, Article 2 (a) A new employing unit shall not be created when there is an acquisition or change in the form or organization of an existing business enterprise, or severable portion thereof, and there is a continuity of control of the business enterprise. (b) Control of a business enterprise may occur by means of ownership of the organization conducting the business enterprise, ownership of assets necessary to conduct the business enterprise, security arrangements or lease arrangements covering assets necessary to conduct the business enterprise, or a contract when the ownership, stated arrangements or contract provide for or allow direction of the internal affairs or conduct of the business enterprise. (c) A continuity of control will exist if one or more persons, entities, or other organizations controlling the business enterprise remains in control of the business enterprise after an acquisition or change in form. Evidence of continuity of control shall include, but not be limited to, changes of an individual proprietorship to a corporation, partnership, limited liability company, association, or estate; a partnership to an individual proprietorship, corporation, limited liability company, association, estate, or the addition, deletion, or change of partners; a limited liability company to an individual proprietorship, partnership, corporation, association, estate, or to another limited liability company; a corporation to an individual proprietorship partnership, limited liability company, association, estate, or to another corporation or from any form to another form. (d) An employing unit described in subdivision (a) shall continue to be the same employer for the purposes of this code as before the acquisition or change in form. (e) This section shall not modify the provisions of Article 2 (commencing with Section 1731) of Chapter 7. (f) This section shall be subject to subdivision (e) of Section 982 and subdivision (d) of Section 1127.5. (Amended by Stats. 1994, Ch. 1200, Sec. 80. Effective September 30, 1994.) § 135.2 Division 1, Part 1, Chapter 1, Article 2 (a) If two or more business enterprises are united by factors of control, operation, and use, the director may determine that the business enterprises are one employing unit. (1) Control of a business enterprise shall include, but not be limited to, ownership of a majority interest in an organization, ownership of the assets used to conduct the business enterprise of the organization, security arrangements or lease arrangements regarding the assets used to conduct the business enterprise of the organization, or contract when the ownership, stated arrangements, or contract provide for or allow operation of the business enterprise. (2) Operation of the business enterprise, includes, but is not limited to, management, personnel policies, operating procedures, pricing, collections, and financing of the business enterprise. (3) Control of two or more business enterprises shall be united if the majority interest in, or control of, each organization is in one individual, entity, association, or other organization. (4) Unity of operation is evidenced by central financing, accounting, and management of each business enterprise which includes, but is not limited to, common management, personnel policies, operating procedures, pricing, collections, and financing. (5) The use of two or more business enterprises shall be united if they share a general system of operation and the enterprises are organized for common purposes, and each is coordinated with, or is a part of, the entire operation. (b) This section shall be subject to subdivision (e) of Section 982 and subdivision (d) of Section 1127.5. (Added by Stats. 1987, Ch. 548, Sec. 2.) § 136 Division 1, Part 1, Chapter 1, Article 2 “Federal Unemployment Tax Act” means Chapter 23 of Subtitle C of the Internal Revenue Code of 1954, or the corresponding provisions of any other federal act into which such provisions may hereafter be incorporated. (Amended by Stats. 1957, Ch. 1184.) § 137 Division 1, Part 1, Chapter 1, Article 2 “Public employment office” means a free public employment office or branch thereof operated by this State or maintained as a part of a state-controlled system of public employment offices. (Enacted by Stats. 1953, Ch. 308.) § 139 Division 1, Part 1, Chapter 1, Article 2 “State” includes the Commonwealth of Puerto Rico, the Virgin Islands, and the District of Columbia, as well as each of the states of the United States. (Amended by Stats. 1978, Ch. 2.) § 140 Division 1, Part 1, Chapter 1, Article 2 “Unemployment compensation benefits” refers to benefits payable under Part 1 of this division. (Enacted by Stats. 1953, Ch. 308.) § 140.5 Division 1, Part 1, Chapter 1, Article 2 “Unemployment compensation disability benefits” or “disability benefits” refers to money payments payable under Part 2 (commencing with Section 2601) to either of the following: (a) An eligible unemployed individual with respect to his or her wage losses due to unemployment as a result of illness or other disability, resulting in that individual being unavailable or unable to work. (b) An eligible individual with respect to his or her wage losses who is unable to work due to caring for a seriously ill or injured family member or bonding with a minor child within one year of the birth or placement of the child in connection with foster care or adoption. (Amended by Stats. 2003, Ch. 797, Sec. 3. Effective January 1, 2004.) § 141 Division 1, Part 1, Chapter 1, Article 2 “Unemployment insurance” wherever it appears in this division means “unemployment compensation.” (Enacted by Stats. 1953, Ch. 308.) § 142 Division 1, Part 1, Chapter 1, Article 2 “Unemployment Trust Fund” means the Unemployment Trust Fund established and maintained pursuant to Section 904 of the Federal Social Security Act as amended. (Enacted by Stats. 1953, Ch. 308.) § 142.5 Division 1, Part 1, Chapter 1, Article 2 “United States” includes the states, the District of Columbia, the Commonwealth of Puerto Rico, and the Virgin Islands. An individual who is a citizen of the Commonwealth of Puerto Rico or the Virgin Islands (but not otherwise a citizen of the United States) shall be considered as a citizen of the United States. (Amended by Stats. 1978, Ch. 2.) § 143 Division 1, Part 1, Chapter 1, Article 2 “Week” means a period of seven consecutive days as prescribed by authorized regulation. Such regulation may prescribe that a week shall be deemed to be “in,” “within,” or “during” that benefit year which includes the greater part of such week. (Enacted by Stats. 1953, Ch. 308.) § 144 Division 1, Part 1, Chapter 1, Article 2 “Worker contributions,” “contributions by workers,” “employee contributions,” or “contributions by employees” mean contributions to the Disability Fund. (Enacted by Stats. 1953, Ch. 308.) § 301 Division 1, Part 1, Chapter 2, Article 1 There is in the Labor and Workforce Development Agency the Employment Development Department, which is vested with the duties, purposes, responsibilities, and jurisdiction heretofore exercised by the State Department of Benefit Payments or the California Health and Human Services Agency with respect to job creation activities. The Employment Development Department shall be administered by an executive officer known as the Director of Employment Development who is vested with the duties, purposes, responsibilities, and jurisdiction heretofore exercised by the Director of Benefit Payments with respect to the following functions: (a) Job creation activities. (b) Making manual computations and making or denying recomputations of the amount and duration of benefits. (c) Determination of contribution rates and the administration and collection of contributions, penalties and interest, including but not limited to filing and releasing liens. (d) Establishment, administration, and transfer of reserve accounts. (e) Making assessments and the administration of credits and refunds. (f) Approving elections for coverage or for financing unemployment and disability insurance coverage. (Amended by Stats. 2002, Ch. 859, Sec. 13. Effective January 1, 2003.) § 301.6 Division 1, Part 1, Chapter 2, Article 1 The Employment Development Department shall have the possession and control of all records, papers, offices, equipment, supplies, moneys, appropriations, land, and other property real or personal held for the benefit or use of the State Department of Benefit Payments in the performance of the duties, powers, purposes, responsibilities, and jurisdiction that are vested in the Employment Development Department by Section 301. (Amended by Stats. 1977, Ch. 1252.) § 301.7 Division 1, Part 1, Chapter 2, Article 1 All officers and employees of the State Department of Benefit Payments who, on the operative date of the statute amending this section at the 1977 portion of the 1977–78 Regular Session of the Legislature, are serving in the state civil service, other than as temporary employees, and engaged in the performance of a function vested in the Employment Development Department by Section 301 shall be transferred to the Employment Development Department. The status, positions, and rights of such persons shall not be affected by the transfer and shall be retained by them as officers and employees of the Employment Development Department pursuant to the State Civil Service Act, except as to positions exempt from civil service. (Amended by Stats. 1977, Ch. 1252.) § 302 Division 1, Part 1, Chapter 2, Article 1 The Director of Employment Development shall be appointed by the Governor, subject to the approval of the Senate, and shall serve as director at the pleasure of the Governor. The annual salary of the Director of Employment Development shall be as provided for by Chapter 6 of Part 1 of Division 3 of Title 2 of the Government Code. (Amended by Stats. 1973, Ch. 1212, Sec. 84.) § 303 Division 1, Part 1, Chapter 2, Article 1 There shall be five deputy directors in the Employment Development Department who shall be appointed by the Governor subject to the approval of the Senate and shall hold office at the pleasure of the Governor. The salary of the deputy directors shall be fixed in accordance with law. (Amended by Stats. 1977, Ch. 1252.) § 304 Division 1, Part 1, Chapter 2, Article 1 Whenever a reference to this division is made in this article it shall also include all other divisions of this code. (Amended by Stats. 1970, Ch. 1000.) § 305 Division 1, Part 1, Chapter 2, Article 1 Regulations for the administration of the functions of the Employment Development Department under this code shall be adopted, amended, or repealed by the Director of Employment Development as provided in Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (Amended by Stats. 2002, Ch. 29, Sec. 1. Effective January 1, 2003.) § 305.5 Division 1, Part 1, Chapter 2, Article 1 All regulations heretofore adopted by the Director of the Department of Human Resources Development shall remain in effect and shall be fully enforceable unless and until readopted, amended or repealed by the Director of Employment Development. (Added by Stats. 1973, Ch. 1207.) § 305.6 Division 1, Part 1, Chapter 2, Article 1 All regulations heretofore adopted by the Director of Benefit Payments pursuant to this code and in effect immediately preceding the operative date of the amendment of this section enacted by the Legislature during the 1977–78 Regular Session, shall remain in effect and shall be fully enforceable unless and until readopted, amended or repealed by the Director of Employment Development. (Amended by Stats. 1978, Ch. 429.) § 306 Division 1, Part 1, Chapter 2, Article 1 The Director of Employment Development may adopt, amend, or repeal such regulations as are reasonably necessary to enforce his functions under this code. (Amended by Stats. 1973, Ch. 1212, Sec. 93.) § 307 Division 1, Part 1, Chapter 2, Article 1 The department shall provide, upon the request of any person or entity, any or all of the department’s rules, regulations, guidelines, bulletins, manuals, standards of general application, or the departmental responsibilities under any state or federal law, along with any subscription service necessary to assure prompt receipt of additional amendments to any of the above materials. The department shall charge a fee to cover (1) the costs of reproducing the materials and (2) postage associated with a subscription service; however, one free copy of the materials shall be provided to each state legislator, upon request. Any documents properly classified as confidential shall be exempt from the requirements of this section. (Added by Stats. 1984, Ch. 268, Sec. 31.7. Effective June 30, 1984.) § 310 Division 1, Part 1, Chapter 2, Article 1 The Director of Employment Development or the Department of Employment Development may prescribe the extent, if any, to which any rule, regulation or interpretation issued or promulgated in accordance with the provisions of this code shall be applied without retroactive effect. (Amended by Stats. 1973, Ch. 1212, Sec. 102.) § 311 Division 1, Part 1, Chapter 2, Article 1 The Director of Employment Development shall appoint such assistants except personnel of the appeals division as he finds necessary for the administration of this division, subject to the provisions of the Government Code, and may delegate to any of the officers or employees of the department such powers and duties as he considers necessary for the proper administration of this division. The Director of Employment Development and his authorized representatives in the enforcement of the division shall have all the powers of a head of a department as set forth in Article 2 (commencing with Section 11180) of Chapter 2, Part 1, Division 3, Title 2 of the Government Code. For the purpose of any investigation, hearing, or proceeding under this division, the Director of Employment Development may delegate his power in relation thereto to any deputy, or other person properly authorized in writing by him. (Amended by Stats. 1973, Ch. 1212, Sec. 105.) § 315 Division 1, Part 1, Chapter 2, Article 1 The appeals division within the department includes the appeals board and its clerical staff and assistants and the administrative law judges and their supervisors and clerical staff and assistants. (Amended by Stats. 1984, Ch. 537, Sec. 1.) § 316 Division 1, Part 1, Chapter 2, Article 1 (a) For purposes of this section, the following definitions shall apply: (1) “Additional languages” means the top 8 to 15 non-English and nonprimary languages used by limited English proficient adults in California according to the most recent American Community Survey by the United States Census Bureau. (A) Whether referring to written or spoken languages, the eight additional languages in 2021 are Arabic, Farsi, Punjabi, Russian, Japanese, Hindi, Mon-Khmer (Cambodian), and Thai. (B) The department shall thereafter review, evaluate, and update the list of additional languages at least every three years. In determining how many languages to include in the definition of “additional languages,” the department may consider various data sources, including, but not limited to, the United States Census Bureau, including the American Community Survey, other state and local government agencies, feedback from community-based organizations, and the department’s own data tracking measures. (2) “Limited English proficient” means individuals who do not speak English as their primary language and who have a limited ability to read, write, understand, or speak English. (3) “Linguistic variant” means a distinct form of a language used by people from a specific country or region. (4) “Multilingual access portal” means the section of the department’s website that synthesizes critical website content and features all translated vital unemployment insurance documents. (5) “Primary languages” means the top seven non-English languages used by limited English proficient adults in California according to the 2019 American Community Survey by the United States Census Bureau. (A) When referring to written languages, the top seven languages are Spanish, traditional Chinese, simplified Chinese, Vietnamese, Tagalog, Korean, and Armenian. (B) When referring to spoken languages, the top seven languages are Spanish, Cantonese, Mandarin, Vietnamese, Tagalog, Korean, and Armenian. (6) “Vital information” means information, whether written, oral, or electronic, that is necessary for an individual to understand how to obtain any aid, benefit, service, or training or is required by law. (b) There shall be maintained within an appropriate division of the department, a bureau, section, or unit relating to education and public instruction for the purpose of informing employers and workers of their rights and responsibilities under this code, and of instructing the public generally concerning its basic purposes, provisions, and operations. All standard information employee pamphlets concerning unemployment and disability insurance programs shall be printed in English and the primary languages. (c) Commencing no later than June 1, 2022, each application for unemployment insurance shall contain a section asking the individual to identify their preferred written and spoken or signed languages to be kept in the individual’s claims record. (d) Commencing no later than January 1, 2022, the department shall provide oral and signed language unemployment insurance services in real time by qualified interpreters or qualified bilingual staff. (1) If the department staff cannot obtain interpretation in the individual’s language and linguistic variant in real time after good faith efforts to acquire language services, the department shall provide the individual with a return telephone or relay call in the individual’s language within a reasonable timeframe. (2) Upon the individual’s request, a qualified interpreter shall read the department’s documents and notices aloud in the individual’s preferred language within a reasonable timeframe. (e) (1) Commencing no later than December 1, 2022, the department shall do all of the following: (A) Provide dedicated phone lines for unemployment insurance claims in the primary languages in an effort to provide consistent wait times across all phone lines and collect and review data on phone usage by limited English proficient individuals. (B) Translate static, nonpersonalized documents containing unemployment insurance vital information into the primary and additional languages. (C) If the individual’s language is not among the primary or additional languages, then upon the individual’s request, provide the individual with translation or oral or signed interpretation of documents in their preferred language. (2) All vital documents described in this subdivision shall be available on the department website. (f) The department shall translate the UI Online interface in the primary languages. The department shall make the translated UI Online interface available upon completion of the translation of each primary language, ending no later than April 1, 2024. (g) The department shall establish and host a primary language multilingual access portal for unemployment insurance. The department shall make the content available upon completion of the translation of each primary language, ending no later than February 1, 2024. (h) Before the completion of the multilingual access portal described in subdivision (g), the department shall display both of the following on its internet website organized and translated by language: (1) Available translated notices and other vital documents. (2) The appropriate department phone number or phone numbers for individuals to contact when seeking multilingual unemployment insurance services in their preferred written or spoken language. (i) Commencing no later than March 1, 2022, the department shall do all of the following: (1) Engage linguistically marginalized communities to assist in expanding access to available unemployment insurance programs and services, including, but not limited to, all of the following activities: (A) Conduct targeted outreach to limited English proficient communities to solicit advice on policies and practices affecting individuals who are eligible for the department’s services and benefits. (B) Market and promote its programs and services in the primary languages to the general public and limited English proficient communities. (C) Establish a grant program lasting at least two years to provide funding for community-based organizations to provide outreach and education to limited English proficient communities. (2) Employ a multilingual access coordinator and multilingual access unit to coordinate the department’s multilingual access services, provide technical assistance to department staff, and monitor the provision of multilingual access services. (j) The department shall engage in regular data collection, monitoring, and oversight of multilingual access unemployment insurance services. The department shall annually report this data to the legislative budget committees. (k) The provision of unemployment insurance language services shall not cause an undue delay in receipt of services or benefits. If the department’s provision of language services unduly delays an individual’s receipt of services or benefits, the individual’s time to meet the department’s deadlines shall be extended for the period of time necessary to receive the language services. (l) No later than July 1, 2022, the department shall report to the legislative budget and policy committees on the status of multilingual access services to be delivered to individuals participating in the State Disability Insurance and Paid Family Leave programs. (m) A report to be submitted pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code. (Amended by Stats. 2021, Ch. 78, Sec. 6. (AB 138) Effective July 16, 2021.) § 317 Division 1, Part 1, Chapter 2, Article 1 The Director of Employment Development shall maintain a field investigating staff, whose function shall embrace investigation throughout the state of violations of this code, to the end that its provisions are more adequately and strictly enforced. (Amended by Stats. 1973, Ch. 1212, Sec. 119.) § 318 Division 1, Part 1, Chapter 2, Article 1 The Director of Employment Development shall comply with all applicable provisions of the Government Code relating to contracts, budgets and other fiscal matters, including Sections 13320 to 13324, inclusive, of that code, in the same manner and to the same extent as other state agencies, insofar as such provisions are not inconsistent with the provisions of the Social Security Act and the rules and regulations of the Secretary of Labor. (Amended by Stats. 1973, Ch. 1212, Sec. 121.) § 320 Division 1, Part 1, Chapter 2, Article 1 The Director of Employment Development shall make such reports in such form and containing such information as the Secretary of Labor may from time to time require, and shall comply with such provisions as the secretary may from time to time find necessary to assure the correctness and verification of such reports. (Amended by Stats. 1973, Ch. 1212, Sec. 124.) § 320.3 Division 1, Part 1, Chapter 2, Article 1 (a) The director shall periodically review policies and practices used to determine eligibility for and the amount of benefits in the unemployment insurance program to identify those policies and practices that do all of the following: (1) Result in delayed eligibility determinations or benefit payments. (2) Increase workload for the department. (3) Provide little or no value in identifying or preventing fraud or abuse in the unemployment insurance program. (b) The director shall report to the Legislature the results of the first review on or before July 1, 2015, and may submit subsequent reports thereafter. The report shall be submitted in compliance with Section 9795 of the Government Code. (Added by Stats. 2014, Ch. 377, Sec. 2. (AB 1556) Effective January 1, 2015.) § 320.4 Division 1, Part 1, Chapter 2, Article 1 (a) For the purposes of this part, upon appropriation by the Legislature, the department shall do all of the following: (1) (A) Report at least once every six months on its internet website all of the following information: (i) The amount for which it has issued overpayment notices. (ii) The amount of overpayments waived. (iii) The amount repaid related to those overpayment notices. (B) The reports shall encompass benefit payments made by the department from March 1, 2020, until January 12, 2021. (C) The department shall publish the information required under this paragraph until the repayment period for all the notices has elapsed. (2) (A) Immediately perform a risk assessment of its deferred workloads, including deferred eligibility determinations and retroactive certifications. (B) The department’s risk assessment performed under subparagraph (A) shall take into account the relative likelihood that it issued payments to ineligible claimants by considering historic overpayment trends, as well as the new or altered eligibility requirements the federal government adopted in response to the COVID-19 pandemic. If necessary, the department shall either partner with another state agency or contract for assistance in performing the analysis in support of this assessment. (3) (A) Develop a workload plan that prioritizes its deferred workloads based on the risk assessment performed pursuant to paragraph (2) and determine the staffing and information technology resources needed to accomplish the work within expected timeframes. (B) Hire and train staff as necessary in order to carry out the workload plan. Using the workload plan, the department shall process the deferred work in alignment with all of the following: (i) The need to pay timely benefits to new or continued claimants. (ii) Federal expectations about the urgency of the deferred work. (iii) Any deadlines by which the department may no longer be allowed to recoup inappropriately paid benefits. (4) Immediately begin modeling workload projections that account for possible scenarios that would cause a spike in unemployment insurance claims. The department shall plan its staffing around the likelihood of those scenarios, including having a contingency plan for less likely scenarios that would have a significant impact on its workload. (5) By March 1, 2022, revise its public dashboards with regard to the number of backlogged claims in order to clearly describe the difference between those waiting for payment and those that are not, and to clearly indicate the number of claims that have waited longer than 21 days for payment because the department has not yet resolved pending work on the claim. (6) By June 1, 2022, determine how many of its temporary automation measures for claims processing it can retain and by September 1, 2022, make those a permanent feature of its claims processing. (7) By June 1, 2022, determine the reasons that claimants cannot successfully complete their identity verification through secure identity verification networked, including ID.me, and work with department vendors to resolve identified problems. The department shall thereafter regularly monitor the rate of successful identity verifications to ensure that it consistently minimizes unnecessary staff intervention. (8) By June 1, 2022, identify the elements of the department’s Benefit Systems Modernization process that can assist the department in making timely payments and that it can implement incrementally. The department shall then prioritize implementing the elements most likely to benefit Californians. (9) Implement a formal policy per the recession plan, by May 1, 2022, that establishes a process for tracking and periodically analyzing the reasons why unemployment insurance claimants call for assistance. (10) (A) By May 1, 2022, implement a policy for tracking and monitoring its rate of first-call resolution. The department shall review first-call resolution data at least monthly to evaluate whether it is providing effective assistance to callers. (B) To maximize the number of calls that department staff are able to answer, as soon as possible, the department shall add prerecorded message functionality to its phone system to advise claimants of their rights and responsibilities after they file their claim with an agent. (C) To provide a more convenient customer service experience, as soon as possible, the department shall implement features of its phone system that allow callers to request a callback from an agent instead of waiting on hold for assistance. (11) To prepare to respond to victims of identity theft who receive incorrect tax forms, the department shall, by February 15, 2022, provide information on its internet website and set up a separate email box for those individuals to contact the department and receive prompt resolution. (12) (A) To the extent consistent with federal law, the department shall immediately obtain from any federally chartered financial institution or other financial institution used by the department to make benefit payments a comprehensive list of claimants’ accounts that are frozen. The department shall immediately thereafter evaluate the list, including considering using ID.me to verify claimants’ identities, to identify accounts that should be unfrozen. By March 1, 2022, the department shall direct the institution to take action to freeze or unfreeze accounts as appropriate to ensure that it provides legitimate claimants with benefits but does not pay benefits related to fraudulent claims. (B) To ensure that the department reviews each account that an institution reports to it as suspicious or potentially fraudulent, by February 2022, the department shall establish a centralized tracking tool that allows it to review and stop payment on claims, as appropriate. The department shall use this tool to monitor its own internal decisions and track whether the claimant responds to its requests for identity information and should, therefore, have their account unfrozen. (b) Upon appropriation by the Legislature, by March 1, 2022, the department shall designate a unit as responsible for coordinating all fraud prevention and detection. The department shall assign that unit sufficient authority to carry out its responsibilities and align the unit’s duties with the Government Operations Agency’s framework for fraud prevention. (Added by Stats. 2021, Ch. 510, Sec. 2. (AB 56) Effective January 1, 2022.) § 320.5 Division 1, Part 1, Chapter 2, Article 1 The director may by authorized regulations prescribe the information required to be reported to the department by employing units under this division and employers subject to withholding tax under Division 6 (commencing with Section 13000) in order to make reports required by the Secretary of Labor, to provide information necessary to administer this code, to estimate unemployment rates or to make other estimates required for the purpose of dispensing or withholding money payments under the Welfare Reform Act of 1971, the Employment Security Amendments of 1970, the Emergency Unemployment Compensation Act of 1971, or the Workforce Investment Act of 1998, and to make any other reports or estimates that may be required by any other state or federal law. The authorized regulations of the director may include requirements for the reporting of employment, unemployment, hours, wages, earnings, the location and nature of the industrial, business, or other activity of each establishment for the conduct of business, performance of services, or industrial operations, and such other requirements as are necessary to comply with this section. (Amended by Stats. 2002, Ch. 29, Sec. 2. Effective January 1, 2003.) § 321 Division 1, Part 1, Chapter 2, Article 1 The Director of Employment Development shall make available, upon request, to any agency of the United States government charged with the administration of public works or assistance through public employment, the following information relating to recipients of unemployment compensation: (a) The recipient’s name. (b) The recipient’s address. (c) The ordinary occupation and employment status of each such recipient of unemployment benefits. (d) A statement of such recipient’s rights to further compensation under this division. (Amended by Stats. 1973, Ch. 1212, Sec. 127.) § 321.5 Division 1, Part 1, Chapter 2, Article 1 (a) For purposes of preventing payments on fraudulent claims for unemployment compensation benefits, the Director of Employment Development shall verify, with the information provided by the Department of Corrections and Rehabilitation pursuant to Section 11105.9 of the Penal Code, that the claimant is not an inmate currently incarcerated in the state prisons. (b) The Employment Development Department shall complete necessary system programming or automation upgrades to allow electronic monitoring of Department of Corrections and Rehabilitation inmate data to prevent payment on fraudulent claims for unemployment compensation benefits at the earliest possible date, but not later than September 1, 2023. (Added by Stats. 2021, Ch. 511, Sec. 2. (AB 110) Effective October 5, 2021.) § 322 Division 1, Part 1, Chapter 2, Article 1 The department may exchange information with federal, state, or local governmental departments and agencies that are concerned with the administration of unemployment or disability insurance, or the collection of taxes that may be used to finance the administration of unemployment or disability insurance, or the relief of unemployed or destitute individuals, or legislation concerning, regulating, or in any manner affecting the obligations arising out of an employer-employee relation, and with other federal, state, or local departments or agencies of government as the department deems necessary or desirable for the proper administration of this division in accordance with authorized regulations. (Amended by Stats. 2022, Ch. 67, Sec. 19. (SB 191) Effective June 30, 2022.) § 323 Division 1, Part 1, Chapter 2, Article 1 The Director of Employment Development may apply for an advance to the Unemployment Fund and accept the responsibility for the repayment of such advance in accordance with the conditions specified in Title XII of the Social Security Act, as amended, to secure to this state and its citizens the advantages available under the provisions of that title. (Amended by Stats. 1973, Ch. 1212, Sec. 133.) § 324 Division 1, Part 1, Chapter 2, Article 1 The expense of the administration of this division shall be paid out of the Unemployment Administration Fund, unless otherwise provided for in this division. (Enacted by Stats. 1953, Ch. 308.) § 325 Division 1, Part 1, Chapter 2, Article 1 (a) The department may study and make recommendations as to action which might tend to: (1) Promote the prevention of unemployment and the stabilization of employment. (2) Encourage and assist in the adoption of practical methods of vocational training, retraining and guidance. (3) Promote the establishment and operation by governmental units and agencies of reserves for public work to be prosecuted in time of business depression and unemployment. (4) Promote the reemployment of unemployed workers throughout the state in any way that may seem feasible. (5) Reduce and prevent unemployment. (6) Establish the most effective methods of providing economic security through all forms of social insurance. (b) To accomplish the ends set forth in subdivision (a) of this section, the department may carry on and publish the results of investigations and research studies. (Amended by Stats. 1979, Ch. 373.) § 325.5 Division 1, Part 1, Chapter 2, Article 1 The department, in consultation and coordination with veterans’ organizations and veteran service providers, shall do all of the following: (a) Research the needs of veterans throughout the state and develop a profile of veterans’ employment and training needs. (b) Develop a statewide plan for the equitable distribution of employment funds for veterans’ employment services. (c) Seek federal funding for purposes of subdivision (a). (Added by Stats. 1990, Ch. 928, Sec. 1.) § 325.6 Division 1, Part 1, Chapter 2, Article 1 (a) It is the intent of the Legislature that state supported Veterans Employment Training services meet the same performance standards as those required by the federal Workforce Investment Act for services provided to veterans. (b) Following any fiscal year in which state funds support the Veterans Employment Training services program, the Employment Development Department shall provide an annual report to the Legislature, on or before November 1, regarding the following performance measures: (1) The number of veterans receiving individualized, case managed services. (2) The number of veterans who receive individualized, case managed services entering employment. (3) The retention rate for veterans who enter employment. (4) The average earnings for veterans entering employment. (Added by Stats. 2006, Ch. 69, Sec. 33. Effective July 12, 2006.) § 326 Division 1, Part 1, Chapter 2, Article 1 The department shall investigate and report upon the degree of unemployment hazard in various industries and occupations and their cost to the Unemployment Fund. It shall recommend to employers in industries or occupations showing an excessive cost to that fund, means for stabilizing employment. It shall also, if necessary, recommend to the Legislature a higher rate of contribution for any classification of industries or occupations in which unemployment is excessive or chronic. (Amended by Stats. 1979, Ch. 373.) § 327 Division 1, Part 1, Chapter 2, Article 1 The department is authorized to enter into negotiations with the United States Bureau of the Census to expand the current population survey for a sample of up to 35,000 households in California. The department shall report its findings and the result of the negotiations to the Legislature. At such time as the Bureau of the Census is prepared to undertake the workload involved in expanding California’s portion of the population survey, the department shall submit to the Legislature a budget request for funds not available from other sources to finance a contract with the Bureau of the Census. When sufficient funds are made available through the budget process or from other sources, the department is authorized to contract with the Bureau of the Census for the purpose of expanding the current population survey to a sample of up to 35,000 households in California. Based on the results of the expanded survey, the department shall compile and publish monthly information pertaining to employment and unemployment and shall provide such information to state governmental entities, including the Legislature, which are responsible for preparing state economic projections and revenue estimates. (Added by Stats. 1979, Ch. 997.) § 329 Division 1, Part 1, Chapter 2, Article 1 (a) The director, or the director’s designee, shall serve as Chairperson of the Joint Enforcement Strike Force on the Underground Economy provided for in Executive Order W-66-93. The strike force shall include, but not be limited to, representatives of the Employment Development Department, the Department of Justice, the Department of Consumer Affairs, the Department of Industrial Relations, the California Department of Tax and Fee Administration, the Franchise Tax Board, and the Department of Insurance. (b) The strike force may invite the following state agencies to serve in an advisory capacity: the California Health and Human Services Agency, the Department of Motor Vehicles, the Department of Alcoholic Beverage Control, and the Department of the California Highway Patrol. (c) The strike force shall have the following duties: (1) (A) To facilitate and encourage the development and sharing of information by the participating agencies necessary to combat the underground economy including the enforcement activities regarding labor, tax, insurance, and licensing law violators operating in the underground economy. Duly authorized representatives of the strike force employed by an agency listed in subdivision (a) shall exchange intelligence, data, documents, confidential information, or lead referrals pursuant to this section, to the extent permitted by state and federal laws and regulations. (B) Any person who is involved or has been involved in the strike force pursuant to this section and at any time has obtained confidential information shall not divulge, or make known in any manner not allowed by law, any of the confidential information received by or reported to members of the strike force. Confidential information authorized to be exchanged pursuant to this section shall retain its confidential status and shall otherwise remain subject to the confidentiality provisions contained in applicable federal and state laws. (C) Participating agencies may also cooperate and share any appropriate information with the Labor Enforcement Task Force established pursuant to Assembly Bill 1464 of the 2011–12 Regular Session (Chapter 21 of the Statutes of 2012), to the extent related to the underground economy including the enforcement activities regarding labor, tax, insurance, and licensing law violators operating in the underground economy permitted by state and federal laws and regulations. Members of the Labor Enforcement Task Force who have obtained confidential information pursuant to this section shall not divulge, or make known in any manner not allowed by law, any of the confidential information received from the strike force. (2) To improve the coordination of activities among the participating agencies. (3) To develop methods to pool, focus, and target the enforcement resources of the participating agencies in order to deter tax evasion and maximize recoveries from blatant tax evaders and violators of cash-pay reporting laws. (4) To reduce enforcement costs wherever possible by eliminating duplicative audits and investigations. (d) In addition, the strike force shall be empowered to: (1) Form joint enforcement teams when appropriate to utilize the collective investigative and enforcement capabilities of the participating members. (2) Establish committees and rules of procedure to carry out the activities of the strike force. (3) To solicit the cooperation and participation of district attorneys and other state and local agencies in carrying out the objectives of the strike force. (4) Establish procedures for soliciting referrals from the public, including, but not limited to, an advertised telephone hotline. (5) Develop procedures for improved information sharing among the participating agencies and the Labor Enforcement Task Force, such as shared automated information database systems, the use of a common business identification number, and a centralized debt collection system, to the extent permitted by state and federal laws and regulations. (6) Develop procedures to permit the participating agencies to use civil sanctions. (7) Provide participating agencies, including the Department of Justice, with investigative leads where collaboration opportunities exist for felony-level criminal investigations, including, but not limited to, referring leads to agencies with appropriate enforcement jurisdiction, and to pursue criminal prosecution when unscrupulous businesses violate the state’s labor, employment, licensing, insurance, and tax laws wit