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What Are California Labor Laws?

 

California’s labor laws are comprehensive, and they protect workers’ rights.

 

Here is an overview of key areas covered by California labor laws:

 

Minimum Wage

 

  • Minimum State Wage: By 2024, California’s minimum wage for all employers will be $16.00 an hour.
  • Minimum Local Wage: In some cities and counties of California, the minimum wage is higher.

 

Overtime

 

  • Non-exempt Employees must be paid overtime for all hours worked in excess of 8 hours per day or 40 hours per week at 1.5 times the regular rate.
  • Double time: Employees are entitled to double their normal rate of pay for hours over 12 in a day and 8 hours over the 7th consecutive workday in a week.

 

Meal and Rest Breaks

 

  • Meal Breaks: Employees working more than five hours a day have the right to a 30-minute unpaid break. If they work over 10 hours, a second 30-minute break is required.
  • Rest Breaks: Employees have a right to a paid 10-minute rest break after every 4 hours of work or a significant fraction thereof.

 

Paid Sick Leave

 

  • California law requires employers to offer at least 24 hours (3 days) of paid sick leave each year. These can be accrued.

 

Paid Family Leave

 

  • California offers up to 8 weeks of Paid Family Leave (PFL) for employees to bond with a new child or care for a seriously ill family member. This is paid through state disability insurance.

 

Workplace Safety

 

  • The California Occupational Safety and Health Act mandates that employers provide a healthy and safe work environment. This includes the proper training, equipment, and procedures for preventing workplace illnesses and injuries.

 

Wage Theft Prevention

 

  • California’s wage theft laws are strong. They require employers to provide detailed wage statements and protect workers’ rights to recover unpaid wages.

 

Discrimination and Harassment

 

  • California’s Fair Employment and Housing Act (FEHA) prohibits discrimination and harassment based on protected features, such as race, gender, sexual orientation, religion, and disability.

 

Family and Medical Leave

 

  • In addition to the federal FMLA protections, the California Family Rights Act allows employees to take up to 12 weeks of unpaid and job-protected leave to address family or medical issues.

 

Retaliation Protections

 

  • California labor laws protect employees from retaliation if they exercise their rights, such as filing a complaint about wage violations or unsafe conditions at work.

 

Independent Contractors

 

  • California’s Assembly Bill 5 established stricter criteria to classify workers as independent contractors. The ABC test determines if a worker is an employee or an independent contractor.

 

Workers’ Compensation

 

  • Workers’ compensation insurance is required by employers to cover their employees in the event of an injury or illness caused by their job.

 

Final Paychecks

 

  • Employers must provide a final paycheck stub immediately upon termination or within 72 hours if an employee quits without notice. This paycheck must include all wages owed, including accrued vacation time.

 

Employee Privacy

 

  • California law gives employees certain privacy rights. These include limits on drug tests, surveillance, and access to personnel records.

 

Unemployment Insurance

 

  • California’s Unemployment Insurance Program provides temporary financial aid to workers who are eligible and lose their jobs without fault.

 

Unions and Collective Bargaining

 

  • California supports the rights of workers to form unions, join them, and bargain collectively with their employers.

 

The California Department of Industrial Relations and the Division of Labor Standards Enforcement enforce these laws. These laws can lead to penalties for employers who violate them, while employees have the right to bring complaints or file lawsuits.

 

What are Work Laws in California?

 

California work laws include:

 

  • Minimum Wage: $16.00 per hour statewide (2024).
  • Paying overtime: Earning 1.5x the pay for 8 hours/day or 40 hours/week. Earning double after 12 hours.
  • Breaks: 30-minute unpaid meal break after 5 hours, 10-minute paid rest break every 4 hours.
  • Paid Sick Leave: 3 days per year.
  • Paid Family Leave: Up to 8 weeks.
  • Workplace Safety: Employers must ensure a safe work environment (Cal/OSHA).
  • Anti-Discrimination: Prohibits workplace discrimination and harassment.
  • Retaliation Protection: Safeguards for exercising workplace rights.
  • Workers’ Compensation: Required for injuries/illnesses related to work.
  • Final paychecks: Immediately upon termination or within 72 hours of quitting.

 

State agencies such as the Department of Industrial Relations enforce these laws.

 

Also See: Workers’ Compensation Insurance Premium | COBRA

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