California Employment Labor Laws – What Employers and Employees Should Understand
It’s important to understand the California employment labor laws whether an employer or employee. Yes either way, you should understand the labor laws in California so that you know what your rights are as well as your responsibilities. As a general rule California’s labor laws vary significantly from other states. Making a mistake due to ignorance will not protect you in a court of law.
California Employment Labor Laws – Certain Posters are Required
Fortunately for you, the Department of Industrial Relations for the state has a comprehensive website that will provide you with all of the information you need. Especially if you are considering opening a business and want to be sure that you follow proper practices regarding your employees.
Doing so can save you immense headaches down the line. Even if you already have a business in the state of California, checking out the information available can be helpful.
For instance, there are certain notifications that must be displayed where your employees can see them. The federal government also requires that informative posters conveying the rights and responsibilities in various cases, such as the federal minimum wage.
California Employment Labor Laws – Checkout the Department of Industrial Relations website
You can find a complete list of the notifications you are required to post and the ability to download them at the Department of Industrial Relations website. This is just one of many ways that you can ensure your business is adhering to the rules governing business operations in the country and your state.
Operating a company requires having certain permits or other paperwork, depending upon the type of company you are starting, where it is going to be set up, the size of operations and related factors. The state provides you a comprehensive list of resources to be sure you have everything in proper order.
Just as the site can help employers to operate their business, there is also a great deal of valuable information for employees provided by the Department of Industrial Relations
. You can find the right way to report things that are not being done properly, such as illegal waste dumping and your rights as an employee in California.
California Employment Labor Laws –
Other information available regarding California employment labor laws include what you should do when you are mistreated at work. This can include being fired, demoted or harassed because you reported illegal activity within the company.
If you have not been paid all of the wages that are due to you, you can file a claim and work to have the company pay you the money for work performed. The state provides a simple process that you can go through and directions to help you follow through if you do not get the results you want quickly.
Everyone has to work, and the laws are designed to protect employers and employees alike. No matter which side of the desk you fall on, make sure you understand your rights and responsibilities and how to protect yourself. Review the information as needed to be sure you are abreast of the latest changes that may affect you.
California employment labor laws cover a wide variety of employment rules that are in most cases more stringent than many other states. We will cover just some of those many rules that we feel are common to most employers and employees alike.
Those who conduct business and employee staff in the state of California must provide their employees with a break period of not less than ten minutes for every four hours of work performed or a major fraction of that period. With some exceptions that break period should be as close to the middle of the four hour period as possible. This break period must be paid. If the employer fails to allow for a break period the employer is subject to paying the employee who was not authorized or granted a break period one hour of regular pay for every break period missed. Generally, an employee will not say anything to anyone until they leave the company and then out of nowhere you receive a notice from the Industrial Welfare Commission about an employee charging you with not allowing them a break. Therefore, establish a written policy that includes a compliant procedure for anyone not receiving a break period.
California employment labor laws also speak to paydays for employees. As an example in California an employer must pay their employees at least two times during a month and must be designated in advance as a regular payday. The employer is required to establish what is deemed as a regular payday and they must then post that notice showing the days, times, and location in a place easily seen by the employee. Any wages the employee earns between the first day of the month and the fifteenth of the month must be paid on or before the twenty-sixth day of that same month. In addition, any wages the employee earned between the sixteenth day of the month and the last day of the month must be paid before the tenth day of the preceding month. For any other types of pay period cycles, such as weekly, bi-weekly, or semi-monthly must be paid within seven days of the pay period. These days are calendar days and not business days.
In addition, California employment labor laws speak to wages being paid to those who have been discharged. These rules are very stringent and cumbersome. When an employer discharges/terminates an employee all wages earned and any accrued vacation must be paid at the time of discharge/termination. Accrued vacation is probably the most argued piece of this requirement. If you do not have a very well defined vacation accrual policy you will be subject to violating this employment labor law policy. It would benefit you as an employer to check with a qualified attorney who specializes in California employment labor laws before making any assumptions as to what you must pay or are not required to pay a terminated employee. Don’t learn the hard way.
There are a few exceptions to all the California employment labor laws that I spoke to in this article but as a general rule they will answer your questions. As an example, the break period rule does allow for a little flexibility when it comes to giving them a break as close to the middle of the shift. However, you would not want to tell them to go on break ten minutes after they arrive. Think about break times when you make out your schedules for the day, especially for those occupations that require employees to be all hands on deck such as food service during meal times.