Understanding the Most Important Points of California Employment Law
It is basic that every individual who is employed or even those who plan to be employed soon fully understands his rights and privileges especially those allowed by employment and labor laws.
If you live or work in the state of California or plan to do so then it would be extremely helpful if you know and understand California employment law.
Of course, it is impossible to grasp all the points stipulated by the law, but what we can do is give you a run-down of the most important and relevant points in the California employment law.
Hiring and/or Promotion Process Under the California Employment Law
California Employment Law
Characteristics that are not job-related should not be made as basis for hiring or promotion. For instance, an employer cannot discriminate against you on hiring or on promotion opportunities based on matters like age, gender, race, disability, religion or even national origin.
Of course, there are some questions that cannot be asked, including questions relating to sexual orientation, criminal records, plans to marry or birth place.
Minimum Pay Under the California State Employment Law
It is easy to notice that the minimum pay in the state of California is higher than the set standard by the FLSA. In CA, the minimum wage amount is $8 per hour. This means that every employee should receive at least this hourly rate.
Note that the California employment law does not give distinction from adults and minors on the matter of minimum pay. Also, it is important to know that tips are not counted as part of the minimum wage computation.
Given this rule, all employees or prospective employees should receive salaries based on the $8 per hour as minimum computation. Those employed who receive lower than this amount can be entitled to back wages.
Overtime Wages
As with California’s minimum wage law, the state also grants better overtime rates compared to most states. Note that employees classified as non-exempt must be paid overtime wages if they work over 40 hours per week or if they exceed 8 hours of work per day.
Vacation Pay
Each employer has the right not to provide vacation time to employees. However, if vacation time and pay are stated on the contract signed by the employer and employee, then the necessary pay (or equivalent time) must be given.
Working at Will
Based on California employment law, people who are employed are presumed to work “at will”. And employees working at will can be terminated for a just reason (reason that is not illegal) as specified in the agreed contract. It is therefore important that before one signs an employment contract, he fully understands all clauses including those in fine print.
Safety in the Workplace Under the Employment Law of California
According to both state and federal laws, a workplace must be free from hazards such as those that can cause serious physical harm or death to its employees.
One good proof that this law is being followed is how an employee can complain anonymously about workplace safety practices and be protected against the employer’s reprisals.
Sexual Harassment at Work
Various conducts can be classified as sexual harassment and the employer can be held liable for these instances.
Some of these conducts (occurring in the workplace) can include sexual advances and conduct, or any other act both physical or verbal that are sexual in nature. Direct advances or statements as well as job benefits offered in return for sexual acts are considered as sexual harassment.
Wrongful Termination and Discrimination
Again, it is not allowed by state and federal laws that employers terminate an employee based on reasons such as age, gender, religion, race, disability or even pregnancy. The mentioned characteristics should not also be considered as basis for promotions, assignments, wages and termination.