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Two week increments
Under CFRA, employers may require that an employee take new child bonding in . However, they must allow two (2) instances where they allow time to be taken in less than two (2) week increments. Under FMLA, employers have greater liberty to require employees to take time in specific increments.
Five employees
Employees who work for organizations with at least , and who becomes disabled because of their pregnancy, childbirth, or related medical condition are entitled to up to four (4) months of job protected leave.
88 days
A full-time employee is entitled to days PDL per pregnancywithdoctor'scertification
Eligible for PDL
Unlike CFRA/FMLA, employees are as soon as they are hired, and are certified by their doctor as unable to perform the essential functions of their job. There are no other length or hours worked requirements.
Job protection
Employees out on PDL or CFRA are entitled to be reinstated to the same position with the same benefits and seniority as they had prior to taking their leave, and afforded all benefits they would have expected had they remained employed. In some specific scenarios, reinstatement to a comparable position is applicable.
Lactation Accomodations
Under California law, employers are required to provide a reasonable amount of time for to express breastmilk during the workday.
Alternative workweek
A method of scheduling work that allows employees to work a standard workweek over less than a five day period with a number of California requirements.
California Insurance Equality Act
Requires all health insurance providers to extend coverage to registered domestic partners as it does to spouses.
Public works
Investigates and enforces statutes covering private contractors with regards to prevailing wage law.
Retaliation Complaint Investigations
Investigates complaints alleging discriminatory retaliation in the workplace
Judgement Enforcement
Enforces judgements for unpaid wages and penalties.
Licensing and Registration
Processes licenses and registration for farm labor contractors, garment contractors, car washes, studio teachers, talent agencies, special minimum wage workers, shelter workshops, industrial homework, and individuals using minors in door-to door sales. Also issues work permits for minors as well as employer permits to employ child entertainers
De Novo Appeals
An appeals court hearing that looks at the trial court's record to determine the facts, but rules on the evidence and matters of law without giving deference to that court's findings.
DLSE
Department of Labor Standards Enforcement. Enforces IWC Wage Orders.
Wage order 4
Professional, Technical, Clerical, Mechanical and Similar Occupations
Wage order 1
manufacturing industry
Wage order 2
Personal services industry
Wage order 3
Canning, Freezing, and Preserving Industry
Wage order 5
Public Housekeeping Industry
Wage order 6
Laundry, Linen Supply, Dry Cleaning and Dyeing Industry
Wage order 7
Mercantile industry
Wage order 8
Industries Handling Products After Harvest
Wage order 9
Transportation Industry
Wage order 10
Amusement and Recreation Industry
Wage order 11
Broadcasting Industry
Wage order 12
motion picture industry
Wage order 13
Industries Preparing Agricultural Products for Market on the Farm
Wage order 14
Agricultural Occupations
Wage order 15
Household Occupations
Wage order 16
Certain On-Site Occupations in the Construction, Drilling, Logging and Mining Industries
Wage order 17
Miscellaneous Employees
Sheepherders
Shall be provided with regular mail service, radio and/or telephone, visitor access to fixed site housing and when practicable to mobile housing
Ski Establishments
Allowed a regularly scheduled workweek of not more than forty-eight (48) hours during any month of the year when related business activities are actually being conducted
Senate Bill 1343
Requires anti-harassment training every two years for all employees employed by employers with five or more employees, and all government municipalities.
California Database Protection Act of 2003
California passed the that requires any person, agency, or organization that is doing business in California to notify any affected persons should such a database breach occur.
California Family Rights Act (CFRA)
Requires employers with 5 or more employees to provide 12 weeks of leave for bonding with a newborn or adopted child, caring for a family member with a serious health condition, and/or caring for the employee's own serious health condition.
California Labor Commissioner
Sets and enforces rules for wages, deductions, vacation, jury/witness duty, meal and rest periods, temporary military leave, the workweek, minors, employee access to personnel files, discrimination, exempt status, independent contractors and more. Also known as DLSE.
Uniform Trade Secrets Act
Protects only certain defined trade secrets, that is information, including a formula, pattern, compilation, program, device, method, technique or process that derives independent economic value, actual or potential, from not being generally known to the public or to other persons who can obtain economic value from its disclosure or use, and is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.
Required termination notices
For your benefit, COBRA, Notice to employee as to change in relationship, HIPP notice, Health Insurance Marketplace Notice, 401K information
New hire notices
COBRA, Health Insurance Marketplace notice, Harassment/Discrimination/Retaliation prevention policy, Lactation accommodation policy, Wage and Employment notice to non-exempt employees, Workers compensation pamphlet, SDI, PFL, Sexual Harassment, CA Rights of Victims of Domestic violence.
Prevailing Wage
Organizations that do business with government entities are required to pay employees engaged in particular crafts a , which in many instances is well above the minimum wage. Public Works contracts.
living wage
Employers who contract with certain cities or counties are required to pay their employees a higher than minimum wage rate for all work conducted for the specific contract.
Learners
New workers that have no experience or skill for a specific position may be paid no less than eighty-five percent (85%) of the minimum wage for the first one hundred and sixty (160) hours of work.
Licenses for Disabled Workers
Nonprofit organizations, such as shelters and rehabilitation centers, can apply for a special license to allow them to hire numerous individuals without having to apply for a specific license each time.
Camp Counselors
Must receive at least eighty-five percent (85%) of the minimum wage for a forty (40) hour week, regardless of the number of hours they work
workday
Any consecutive twenty-four(24) hour period commencing at the same time each calendar day.
Workweek
Any seven (7) consecutive days, starting with the same calendar day each week.
adoption process
After the proposal meeting, the employer must conduct a secret ballot vote of the affected work group(s).
Blended Rates
When employees are employed by the same company in two distinct jobs with differing pay, or receive variable rates for different work conducted, the overtime rate will be calculated using a weighted average of the regular rate of pay for that pay period (whether weekly or biweekly).
On-call pay
If the employee is required to remain on the employer's premises or the employee's ability to conduct personal business is impacted such as they need to be able to report to the workstation with thirty minutes of receiving a call, then they are expected to be compensated for this time.
Reporting Time Pay
When an employee reports to work pursuant to their schedule and there is no work for the employee to complete, so is sent home, or there is not enough work to complete the employee's shift.
Advance, Draw or Guarantee
An amount of money that is paid to a commissioned employee on a regular basis; per California law, at least twice per month.
Timing of Pay
Employers are required to compensate their nonexempt employees at least twice during each calendar month, and exempt employees at least once per calendar month.
Notice to Employee Regarding Wages
California employers are also required to provide at time of hire that lists their rate(s) of pay and employer information.
6 years
Time cards, voided payroll checks, and wage and tax reports need to be kept for .
4 years
Section 226 requires the employer keep a copy of the pay stubs for "at least three years." Section 226(a). As mentioned above, because the statute of limitations for labor code violations can extend beyond three years, many employers retain these records for a ________ period of time.
Online Privacy Protection Act
Generally applies to websites that actively seek information from visitors, such as the data used to complete an online employment application
Investigative Consumer Reporting Agencies Act
Employers may use reference checks and background investigations to screen applicants in accordance with the .
non-compete agreement
The crucial general rule is that every contract in which anyone is restrained from engaging in a lawful profession, trade or business of any kind is to that extent void.
State contracts
They are required to maintain a drugfree workplace, follow certain antidiscrimination requirements, and abide by all applicable wage and hour laws.
Safety and Health Protection on the Job
This poster explains the basic requirements and procedures for compliance with the state's job safety and health laws and regulations and covers what an employer must do, what an employer must not do, what to do when Cal/OSHA comes to the workplace and fines and penalties. It also provides contact information for Cal/OSHA representatives.
Notice to Employee on Withholdings
This form is to be sent to the Franchise Tax Board (FTB) if the employee claims more than 10 withholding allowances or the employee claims to be exempt from state or federal income tax withholding.