Basic Guide To California Labor Laws

The Golden State has enacted California labor laws that are designed to protect both the employees and employers. These laws cover health, human rights, and employment policies to ensure that each party can enjoy equal benefits throughout the course of the contract. The entire scope of the California labor law is too comprehensive to cover in one article, but this will serve as a glimpse into the basic employee and employer rights in the state.

Anyone working in California, even for out-of-state employees, need to know about their rights and obligations as part of the law.

Americans with Disabilities Act (ADA) - Despite the lack of anti-bullying law in California, there is a regulation that limits the amount of bullying and discrimination amongst employees, especially those that result in emotional stress.

Family Medical Leave Act (FMLA) - According to California laws on employees and employers rights, each employee have the right for up to 12 weeks of job-protected leaves per calendar year. It will depend on the employer whether the leaves are paid or unpaid, but all employees have rights to enjoy these leave credits. However, there are certain requirements before an employee could qualify for this, such as that they must be employed within the company for at least 12 months or have rendered a total of 11,250 working hours prior to filing the leave. There are also specific circumstances wherein they are honored the right to go on-leave such as undergoing serious health problems, birth of a child, kin care (caring for an immediate family member), among other things.

Occupational Safety and Health Act (OSHA) - This particular labor regulation in the state of California gives employees the right to file formal complaints against their employer in case the working conditions are deemed as dangerous. Also, employees must be informed when they are exposed to dangerous substances as part of their duties at work. All seasonal, temporary, or self-employed workers are exempt from this coverage, though.

Payroll & Leave Rights - There are a number of pay regulations to observe for employers in California. However, the most basic regulation indicates that employees can avail of a minimum $8 per hour and that they can avail of the corresponding compensation for every hour exceeding the required number of working hours per day or week. In addition, the total number of working hours per day already covers meal periods and break. When it comes to leave, the law is flexible when it comes to allowing employers rights to exercise their own discretion for vacation or sick leave and holidays, which can be paid or un-paid. However, there should be corresponding payment for time offs rendered by employees to the company.

Personnel Laws - California law requires all employers to provide a healthy workplace for its employees, which means it need to be free from sexual harassment or violence. In addition, there must be appropriate safety policies that bans unlawful behavior within the work environment. All employees are also protected by a law that limits the ability of employers to access private personnel files.

Insurance Plans & Policies - It is important to note employers are not required by the California labor law to provide insurance plans (whether medical, dental, or other similar types of insurance) to their employees. However, there are some companies that offer them as part of the employment contract, so they come as an additional perk, instead. One requirement though for company owners is to support the state unemployment and state disability insurance program.

An understanding of the basic California labor laws as stated above is important so you can learn about your rights and ensure it is protected against employer liability. In addition, it also helps you to understand your obligations toward the employer so you can become more effective at the job and that you can work in harmony with your employer.

Jose N. Gordon writes about California labor laws and other tips on employment laws. Make sure to visit his blog to learn more info on employee and employer rights so you can avoid undergoing legal dispute in the future.