People Operations | Management

California Employment Laws

BENEFITS

Cal-COBRA

Domestic Partners and  Same-Sex  Marriages

Leaves of Absence

Kin Care and sick leave

Family and Medical Leave Act

California Family Rights Act

Pregnancy Disability Leave Act 

Paid Family Leave

Family Crisis Leave

Jury duty and court attendance leave

Organ donor or bone marrow donor leave 

Crime victim’s leave

Volunteer civil service and emergency responder leave 

Voting leave

Civil Air Patrol leave

Domestic violence leave

Military or reserve duty leave 

Military family leave

San Francisco Family Friendly Workplace Ordinance 

School visitation leave

Holidays and Vacation

Holidays

o Vacation 

o PTO

PTO banks

Sick leave

State Disability Insurance

Unemployment Insurance

Workers’ Compensation Insurance


COMPENSATION

∙  Wage and Hour Law

Wages

Minimum wage

Split shift pay 

Piece rates

Unpaid interns

Employment of Minors

Deductions from Wages and Garnishments

Garnishments

Hours and Days of Work

Reporting time pay

Call back,  on-call  and standby time

Travel time

Workday and workweek

Holiday shutdowns

Alternative work schedules

Incentive Pay and Commissions

Industrial and Occupational Wage Orders

Meal and Rest Periods

Rest periods

Lactation accommodation  

Meal periods

Overtime

Exemptions

Regular rate of pay

Piece rates and commissions 

Multiple rates of pay

Bonuses

Unauthorized overtime 

Mandatory overtime

Independent Contractors

State Payroll Taxes

Paydays, Pay Periods and Final Wages

Paydays

Final paychecks 

o Timecards

Overtime earnings 

Payroll debit cards

Waiting time penalty 

Wage statements

o Severance Pay

o  Prevailing Wages

Uniforms, Tools and Equipment

Wage Theft Prevention Act


EMPLOYEE RELATIONS

∙  Fair Employment Practices

Discrimination, harassment and retaliation

Discrimination

Retaliation and  whistle-blower protection 

Harassment

Sexual harassment

Religious accommodation 

Literacy assistance

Language limitations

Disability (mental or physical) 

AIDS/HIV

Medical marijuana 

o Human trafficking

Polygraph tests

Reimbursement for Costs and Expenses Incurred in the Scopeof Employment

Employment-at-Will  and Termination of Employment

O Employment-at-will

O Wrongful termination

O Express or implied contracts

O Covenant of good faith and fair dealing

O Constructive discharge

Access to Personnel Files and Record Keeping

O Access to files

Types of records

Personal information

Records to be kept and retention requirements 

∙  Employee Privacy

Information use, storage, disclosure and protection 

California Social Security card number law

California Privacy Act and wiretapping 

Online Privacy Protection Act of 2003 

Electronic monitoring

Social media monitoring 

Video monitoring

Audio and telephone monitoring

o Mail

Notices and Postings

O Required posters

Federal posting requirements 

Notices


HEALTH AND SAFETY

∙  Cal/OSHA

Employee rights under Cal/OSHA

Employee responsibilities under Cal/OSHA 

Employer rights under Cal/OSHA

Employer responsibilities under Cal/OSHA 

Cal/OSHA Safety Orders

IIPP

Safety Committees

California Ergonomics Standard 

Haz-Com  Standard

Accident Investigations 

o Partnership Programs

California Voluntary Protection Program

Drug and Alcohol Testing and Rehabilitation

Types of drug testing

Pre-employment  testing

Reasonable suspicion testing 

Random testing

Drug-Free  Workplace

Voluntary drug or alcohol rehabilitation programs

Workplace Smoking

Workplace exceptions 

Indoor smoking areas 

Notice requirement


STAFFING MANAGEMENT

FEHA Issues

Hiring Considerations

Employment advertisements 

Internet application issues 

Job descriptions

Pre-employment inquiries 

Employment interviews 

Medical exams

Noncompetition and Related Employment Agreements

Confidentiality agreements

Exceptions

Unenforceable agreements and wrongful termination  Unfair competition

Uniform Trade Secrets Act

Invention assignment agreements

State Affirmative Action Plans

Negligent Hiring

Background and Reference Checks

Consumer credit reports

Criminal records 

o Investigations

Fingerprints and photos

Unfair Competition and Other Liability Concerns in Hiring

E-Verify  System

New Hire Reporting

WARN Act, Plant Closings and Mass Layoffs

U.S. government contractor job listing requirement

Record keeping