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Showing posts from February, 2024

Reporting to Work and Being Sent Home: Understanding Reporting Time Pay under California Labor Laws

  Reporting to work as scheduled, only to be sent home shortly after arriving, can be a frustrating experience for employees. However, under California labor laws, employees may be entitled to reporting time pay in certain situations. In this blog, we will delve into the concept of reporting time pay, its applicability, and the relevant regulations under California law. What is Reporting Time Pay? Reporting time pay refers to the compensation provided to non-exempt employees when they report to work as scheduled but are not provided with the expected amount of work. This compensation is intended to compensate employees for the inconvenience and financial loss associated with reporting to work but not being able to work the expected hours. Applicability of Reporting Time Pay In California, reporting time pay is governed by the Industrial Welfare Commission Orders, particularly Orders 4 and 7, which outline the regulations related to reporting time pay. These regulations apply to non-ex

Understanding Protected Activity Under California Labor Laws

In California, labor laws protect employees from discrimination and retaliation for engaging in certain activities, known as protected activities. Understanding these protected activities is crucial for both employers and employees to ensure compliance with the law and maintain a fair and respectful work environment. Protected Categories California labor laws prohibit discrimination based on several protected categories, including: Race and Ethnicity : It is illegal to discriminate against employees based on their race, color, or national origin. Gender and Sexual Orientation : Discrimination based on gender, gender identity, gender expression, or sexual orientation is prohibited. Age : California law protects individuals who are 40 years of age or older from age-based discrimination. Disability : Employers are required to provide reasonable accommodations to employees with disabilities and are prohibited from discriminating against them. Religion : Discrimination based on an individua

California Wage Laws for Hourly Employees with Bonuses

In California, hourly employees who receive bonuses should pay close attention to the calculation of their regular rate of pay. This is crucial because California wage laws require that the regular rate of pay is recalculated when factoring in bonuses. Failing to do so could result in underpayment and potential legal issues. In this blog, we will discuss the importance of ensuring that hourly employees with bonuses have their regular rate of pay recalculated in accordance with California wage laws. Importance of Recalculating Regular Rate of Pay Legal Compliance : California labor laws mandate that non-discretionary bonuses, such as production or performance bonuses, must be included in the calculation of the regular rate of pay for overtime purposes. Failure to do so could lead to violations of state labor laws. Overtime Pay Accuracy : Recalculating the regular rate of pay ensures that hourly employees receive the correct amount of overtime pay. By including non-discretionary bonuses

New California Law Protecting Employees Using Marijuana Off-Duty

In recent years, the legalization of marijuana for recreational use in California has led to significant legal developments regarding the rights of employees who use the substance. The enactment of Assembly Bill 2188 (AB 2188) and Senate Bill (SB) No. 700 has brought about essential changes in the state's Fair Employment and Housing Act, impacting employers and employees in relation to marijuana use and drug testing. Off-Duty Marijuana Usage Protection AB 2188, which took effect on January 1, 2024, amended California’s Fair Employment and Housing Act to protect employees’ off-duty, off-site cannabis use. It prohibits employers from discriminating against employees for off-duty use, with certain exceptions. This amendment offers crucial protections to employees who engage in off-duty marijuana use, safeguarding them from adverse employment actions solely based on their cannabis consumption outside of work hours. Exceptions to Off-Duty Marijuana Usage Protection: - The protection doe

Prohibited Interview Questions in California

Job interviews play a crucial role in the hiring process, but it's important to be aware of the questions that are prohibited in California to ensure fair and non-discriminatory practices. California has robust laws in place to protect job candidates from discrimination and ensure equal employment opportunities. Let's explore the questions that are prohibited in California job interviews to promote a more inclusive and equitable hiring process. The California Fair Employment and Housing Act (FEHA) The California Fair Employment and Housing Act (FEHA) prohibits employers from engaging in discriminatory practices during the hiring process. FEHA protects individuals from discrimination based on various characteristics, such as: - Race - Color - Religion - Sex - Gender - Gender identity - Gender expression - Sexual orientation - Marital status - Age - National origin - Ancestry - Disability - Medical condition - Genetic information - Citizenship - Military and veteran status Prohib