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Federal and state wage
and hour laws
Sexual harassment
Workers¡¯ compensation
Immigration Reform and
Control Act
Child labor laws
Time-off provisions
Posting and notice requirements
Occupational health
and safety laws
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The Fair Labor Standards Act
(FLSA) requires employers
to keep following records:
Employee¡¯s name, home
address, occupation, sex,
birth date(under 19)
Hour and day when workweek
begins
Total hours worked each
workday and each workweek
Total daily or weekly
straight-time earnings
Regular hourly pay rate
for any week when overtime
is worked
Total overtime pay for
the workweek
Deductions from or additions
to wages
Total wages paid each
pay period
Date of payment and
pay period covered
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State
and federal laws and regulations
require that California employers
conspicuously display a number
of posters where they can
be read by employees. In addition,
some of the posters must be
displayed where they can be
read by job applicants. |
The
federal minimum wage is $5.15
an hour. The state minimum
wage is $6.75 an hour. When
state and federal law differ,
employer must comply with
the more stringent requirement.
Therefore California employers
must pay a minimum wage of
$6.75 per hour. |
Rest
periods or breaks must be
provided at the rate of 10
consecutive minutes for each
four hours worked, and should
occur as near as possible
to the middle of the work
period. A one-half hour meal
period must be provided for
every five hour work period,
unless six hours of work will
complete the day¡¯s work and
employee voluntarily elects
to forego the meal period.
Meal periods are not compensable
only if they are at least
30 minutes long, if the employee
is relieved of all duty, and
if the employee is free to
leave the premises. |
Employees
must receive overtime (1.5
times the hourly wage) for
any hours worked over 8 in
a single workday. For hours
worked beyond 12 in a single
workday, employees are entitled
to receive double time. Employees
must also receive overtime
for any work beyond 40 hours
in a workweek. |
The
FLSA prohibits employment
of minors under the age of
14 except in certain limited
occupations. With certain
limited exceptions, employers
must acquire the required
work permits before employing
a minor. The superintendent
of each school district is
given the authority for issuing
work permits. The total number
of hours a minor may work,
as well as the permitted spread
of hours, varies depending
on the age. It is a misdemeanor
to require any minor to work
more than 8 hours a day. Both
state and federal law prohibit
minors from working in certain
hazardous occupations. State
law allows payment of 85%
ml the minimum wage to minors
and learners. |
When
drafting a help wanted advertisement,
avoid language indicating
limitations or exclusions
on the basis or race, color,
national origin, religion,
sex pregnancy, age, marital
status, sexual orientation
or disability. |
Employers
are required to institute
procedures for verifying that
an individual is authorized
to be employed in the United
States. They also establish
civil and criminal penalties
for knowingly hiring, referring,
recruiting or retaining in
employment unauthorized aliens
when they are identified.
Employees must fill out and
summit the INS form I-9 to
their employer. |
Vacation
is a matter of contract between
employer and employee. The
employer has the right to
set the amount of vacation
employees will earn each year,
or if they will earn any at
all. Employers also have the
right to determine when vacations
may be taken, and for how
long. No employer is required
to offer employees time off
for holidays, nor are employers
required to pay for time for
holidays granted. Employers
are not also required to offer
sick leave to their employees. |
SB
1661 allows employees to receive
up to 6 weeks of paid leave
for the sickness or injury
of a family member or domestic
partner, or the birth, adoption
or foster-care placement of
a new child. Employees cannot
begin taking paid leave until
7/1/04, and must incur one
week of unpaid leave prior
to taking their leave under
this law. SB 1661 does not
require employers to hold
open a position for employees
on this leave unless required
to do so under some other
law. |
SB
2 creates a system that requires
designated employers to either
provide health coverage for
their employees or pay a fee
to a state run insurance service
that will provide coverage.
As of 1/1/06 large company
with 200 or more employees
that cannot provide such proof
must contribute to the state¡¯s
newly created health care
program in an amount sufficient
to cover eligible employees
and their dependents. As of
1/1/07 employers with 50 or
more employees must contribute
to state¡¯s program an amount
sufficient to cover the eligible
employee only. An eligible
employee under SB 2 works
at least 100 hours per month
for the employer and has worked
for the employer for at least
3 months. With minimal exceptions,
employers can require employees
to contribute up to 20% of
the employee¡¯s premium. So,
employers typically pay no
less that 80 percent of the
premiums. |
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