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HomeEducation CodeCh. 1Art. 5§ 39881 Employee Misclassification Violations

§ 39881 Employee Misclassification Violations

Education Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 39881 Employee Misclassification Violations

Key Takeaways

  • •This law defines special words used in other rules about workers and schools.
  • •It explains what 'applicable law' means—rules about treating workers fairly, like paying them right and keeping them safe.
  • •It talks about places like schools and nursing homes, and how kids get to school safely.
  • •It also explains what happens when a company breaks these rules and doesn’t fix it.

Example

A school bus company doesn’t pay its drivers the right wages and gets caught.

The law says this is breaking the rules (an 'applicable law violation'). If the company doesn’t pay the drivers what they owe even after being told to, they’re still in trouble.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 39881 Employee Misclassification Violations

As used in this article, the following definitions apply: (a) “Applicable law” means applicable California laws within the Labor and Workforce Development Agency’s jurisdiction related to the misclassification of employees as independent contractors, including the failure to pay wages, imposing unlawful expenses on employees, failure to provide workers’ compensation insurance, and failure to remit payroll taxes as required under the Unemployment Insurance Code as well as laws protecting worker health and safety. (b) “Applicable law violation” means a violation that has a final determination, order, judgment, or award issued against a private entity for engaging in illegal conduct related to applicable laws and that remains unabated or unsatisfied following the period during which an appeal may be made. (c) “Congregate care facility” means a community care facility, intermediate care facility, skilled nursing facility, or a short-term residential therapeutic program. (d) “Local educational agency” means a school district, county office of education, charter school, entity providing services under a school transportation joint powers agreement, or regional occupational center or program. (e) “School-related pupil transportation” means home-to-school transportation, field trips, after school program-related transportation, preschool and childcare-related transportation, athletic program-related transportation, extracurricular school activity-related transportation, or any transportation of pupils to or from a school campus. (f) “Municipally owned transit system” means a transit system owned by a city, or by a district created pursuant to Part 1 (commencing with Section 24501) of Division 10 of the Public Utilities Code. (g) “Supplementary service” means additional service provided by a municipally owned transit system for the purpose of ensuring the regular transit service is not impacted by large loads associated with pupil passengers traveling to or from schoolsites around school bell times. (Added by Stats. 2023, Ch. 380, Sec. 2. (SB 88) Effective January 1, 2024. Operative on July 1, 2025, pursuant to Section 39882.)

Last verified: January 23, 2026

Key Terms

transportationinsurancefacilityapplicable law violationjudgmenteducationagreementcontract

Related Statutes

  • § 39879 Private School Bus Contracts
  • § 48050 Cross-Border Student Admission
  • § 78015 Vocational Program Job Study
  • § 78021 Community College Contract Education
  • § 78022 Contract Education Faculty Rules

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Education Code. Section 39881.
View Official Source