Business owners in California must abide by a large number of employment laws. In fact, California has some of the most comprehensive labor laws in the country. In addition to laws regarding hours and wages, they must also comply with safety regulations, as well as laws addressing discrimination and child labor.
Minimum Wage
Minimum wage laws in California can vary depending on the industry and location. For example, some healthcare employees must receive a higher minimum wage than the standard in California, which is currently $16.50 per hour. Some counties and cities carry a higher minimum rate than other parts of the state. Across the state, fast food employees of any chain that consists of 60 or more worldwide locations must be paid at least $20.00 per hour.
However, there are some exemptions to the minimum wage. These exceptions include employees who have no prior experience. These employees must receive 85 percent or more of the minimum wage for the first 160 hours of employment. Exceptions may also exist for certain disabled workers or non-profit organizations.
Overtime Pay
Employees must receive one and a half times their standard hourly wages for every hour over 40 they work in a week. Additionally, employers must pay double the employee’s wages if that employee works more than 12 hours in a shift. Rules regarding overtime pay can be complicated and should be strictly followed by the employer to avoid legal consequences.
Safety Regulations
Employers in California must follow and enforce standard regulations regarding safety procedures and protocols, as well as adequately address any Occupational Safety and Health Administration, or OSHA, violations.
The California Division of Occupational Safety and Health strictly enforces all workplace safety guidelines and laws. Employers in the state are required to aggressively implement and follow these safety standards in order to provide a safe and healthy work environment for all employees. These laws are designed in an effort to prevent illness and injuries in the workplace.
California requires employers to provide a standard Injury and Illness Prevention Program that addresses their approach to preventing and recognizing hazards within the workplace. This written IIPP must include employee education and safety training on a regular basis. In addition to standard workplace hazards, OSHA addresses measures to prevent musculoskeletal injuries that may occur due to improper ergonomics and repetitive movements required in the workplace environment.
All employees of a company must be sufficiently trained on workplace safety procedures and protocols, as well as the recognition of hazards within the workplace and the handling of hazardous materials. Emergency response plans should be properly put in place to address any emergencies that may occur in the workplace.
One of the more recent mandates added to safety requirements concerns the potential for violence in the workplace. All employers in the state are required to have a detailed plan in place that documents a response to any workplace threat or possible violence that may occur, whether this violence is from employees or the general public.
Discrimination Laws
The state of California strictly adheres to non-discriminatory laws designed to establish unbiased and just hiring and treatment of all applicants and employees. Guidelines are established for employers to reflect the state’s clear commitment to inclusion and diversity in the workplace.
Job applicants must not be discriminated against based on race, sex, religion, national origin, or disability. Additionally, an individual cannot be discriminated against due to age, gender identity, or protected veteran status.
While background checks can be conducted during the hiring process, some regulations are put in place to maintain an individual’s privacy. The state of California enforces strict privacy laws that prohibit the use of social media when making hiring decisions.
A potential employee’s criminal history cannot be considered until after a contingent job offer has been made. Employers with at least five employees are also prohibited from including any questions about criminal history on the job application.
Child Labor Laws
Employers in California must follow child labor laws to ensure the welfare of minors in the workplace. While individuals under the age of 18 should not be prohibited from seeking valuable work experience, strict guidelines are put in place with regards to minors.
Any job applicants under 18 must obtain a work permit from their school system. The purpose of this permit is to establish that employment will not interfere with the individual’s education.
Different industries have different age restrictions for employees. While minors under 16 are allowed to work in some situations with restrictions, the minimum employment age during school hours is 16. Certain occupations, such as those deemed hazardous, are off-limits to anyone under the age of 18.