Knowledge — 2 years ago

California Employment Law Explained in Full

by Peggy B.

California Employment Law, California Employment Laws

California Employment Laws: What are Employment Laws in California

In the United States, the federal government has established a minimum standard for the protection of employees and has set laws concerning minimum wage, anti-discrimination laws, however, every state is allowed to set employment laws that companies and employers need to keep track of and follow. California is a state whose employment laws are known to be significantly beneficial towards employees compared to other states in the country. Along with federal employment laws, California laws add more rights and benefits for employees.

In this article, we discuss the employment laws that exist in California

Employee Rights in California

1. Salary history information
California restricts an employer to use a job applicant's previous salary history as a factor to determine whether he can offer employment or what salary to offer.

2. California Fair Employment Act
The act sets out some ‘protected classes.’ They are attributes that employees must not take into account when choosing who to employ. These factors include race, skin color, religion, sex, age, marital status. Employers are restricted from considering disability, illness, sexuality, nationality before employing someone new.

California Employment Law

3. Drug testing laws in California
Job applicants are subjected to drug tests in California. An employer must provide these applicants with a notice of the drug testing requirement.

4. Rules for vacation and paid time off
Employers must follow specific rules when providing holiday or paid time off in California.

5. Accessing personnel files in California
Employees have the right to inspect and copy payroll and personnel records in California.
6. Whistleblower Protections
A California employer is not allowed to make, adopt or enforce any rule, regulation or policy that prevents an employee from being a whistleblower. A whistleblower is an employee who discloses any information to the government or law enforcement agency. It is a case where the employee has reasonable cause to believe that the report reveals, a breach of a state or federal statute, or unsafe working conditions or work practices in the employee's employment environment.

7. California Ban-box law
California has a statewide ban-the-box law that protects applicants who are working with criminal records.

California Employment Laws

Wage and Hour Laws in California

1. Overtime pay
Employees are entitled to overtime, and the California law requires an employer to pay their employees overtime for all hours worked. If they have worked for more than 40 hours in a week and eight hours on a workday. An employer is also expected to pay overtime to employees who work a seventh consecutive day in a workweek.

2. Common Wage Violations in California
If you work in California, you are protected by several wage and hour laws. The minimum wage in the state of California is $10 per hour if there are 25 employees or less, and $10.50 if there are 26 or more employees. An employee who is working more than 10 hours in a day, they are entitled to a 60-minute break, in two intervals during their shift.

3. California Equal Pay Act
California rules benefit employees for their overtime, equal wage and hour law, and fair pay.  The act states that you must not pay different wages to people of different sexes performing the same job. Employers are free to reward more experienced members of their team with better salaries.

Pregnancy and Parental Leave in California

- Breastfeeding Accommodation
Mandatory breaks for breastfeeding in California. When possible, the break time should run along with any break time already provided to the employee.

- Maternity and Paternity Leave in California
Under the employment law, all companies with 20 employees or more must make allowances for new parents.  Employees are eligible to take up to 12 weeks off to spend with their newborn child. It can be any time before the child’s first birthday.


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