Employers must also show how many days of mandatory paid sick leave employees have available on the pay stub, or on a document issued the same day as the paycheck. If an employer provides unlimited paid sick leave or unlimited paid time off, the employer may indicate "unlimited" on your pay stub or other document provided to you the same day as your wages.
Common payroll deductions made by employers in other states are often unlawful in California. California has employee friendly break and lunch requirements for all nonexempt employees not heard of in other states and not required by federal law. The timing and duration of breaks rest and meal lunch periods are very specific in California.
Multistate employer labor and employment law overviews provided by XpertHR. HR should consider maintaining and using state-specific checklists to guide HR instruct candidates applying for positions in affected locations not to answer. Multistate HR. The Ultimate Guide To Multistate Employment A Bloomberg study found tax compliance was the top headache among multistate.
These penalty payments are considered wages and employees may recover penalties for up to four years. Independent Contractors Properly classifying a worker as an employee or an independent contractor is an important task — failure to properly classify can lead to liability for missed meal and rest periods, overtime and other wage and hour claims and penalties.
Instead, the California Supreme Court has found that a hiring entity, in order to prove that an independent contractor is not an employee, must establish each of the three factors embodied in the ABC test — namely, that the worker:.
Is free from the control and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work and in fact;. Is customarily engaged in an independently established trade, occupation, or business of the same nature as the work performed. In California, employers may create Alternative Work Weeks which allow their employees to work a daily schedule in excess of an eight hour workday and avoid overtime penalties.
However, implementing an alternative workweek schedule requires a strict adherence to state guidelines. Failure to follow the correct procedures when adopting an alternative workweek can invalidate the alternative work week schedule and result in penalties of up to four years of unpaid overtime pay, interest penalties and attorney fees. Not paying overtime correctly can lead to huge penalties for employers. California employees are entitled to time-and-a-half 1. In addition, California has a 7th day overtime premium on the 7th consecutive day worked in a workweek.
California instead uses two primary tests to determine whether someone is an exempt employee. Second, they must use a salary test to ensure the employee earns at least two times the minimum wage. Out of State Employees Working in California. Since a court decision, employees based outside of California who work in California for full days or weeks must be paid overtime based on California legal requirements while they are working in California.
Wages for Employees in the Computer Industry. This salary is adjusted annually according to the consumer price index. Employers who believe their employees may qualify for any of the exemption categories need to review the requirements on the exemption worksheets to ensure employees meet both the duties and the salary test.
While most states have two or three required employee leaves of absence, California employers must provide over 20 leaves of absence to employees. Some unique examples of California Leave Laws include:. ALL employers, both public and private, are required to provide paid sick leave to all of their employees, with a few exceptions. NEW for : Employers with five 5 or more employees, must provide 1 hour of harassment prevention training to all employees and two hours of harassment prevention training for all supervisors before January 1, In the past, only employers with 50 or more employees were required to provide training and only of supervisors.
The definition of a supervisor is broad and includes anyone with the authority to direct the work of others.
If you hire temporary employees, for , the training for temporary employees must be completed within six 6 months of hire - some employees might not be with your company that long. However, starting on January 1, , seasonal and temporary employees, or any employee that is hired to work for less than six 6 months must be trained within 30 calendar days after the hire date or within hours worked, whichever occurs first.
Temporary workers employed by a temporary agency must be trained by the temporary agency, not the client. This bill is effective immediately and extends the deadline for employers with 5 or more employees to provide anti-harassment training by one year — from January 1, until January 1, The new law also allows covered employers who have provided anti-harassment training in to wait until before providing refresher training. Managers in the State of California can be held personally responsible for allowing harassment in the workplace to continue to occur after the harassment has been reported.
Managers can also be held responsible for dangerous work environments. Any employer or manager who has actual knowledge of a concealed danger and fails to notify the affected employees and appropriate state agency can be fined or imprisoned or both. California employers cannot prevent ex-employees from working for competitors. Non-compete agreements in California are generally not valid. Most other states will enforce such covenants when they are reasonable. California employers may enforce reasonable confidentiality, intellectual property assignment, non-solicitation and non-disclosure agreements.
Mandatory arbitration provisions covering wrongful termination or employment discrimination claims must satisfy certain requirements. In addition, class action arbitration waivers are generally unenforceable and individual arbitration is favored by the courts. The federal Worker Adjustment and Retraining Notification Act WARN requires companies employing a certain number of employees to provide written notice prior to any mass layoffs or plant closings to specified entities.
The city of San Francisco has additional laws and mandates which often supersede both State and Federal Laws.
For most HR departments, scrappily managing payroll with spreadsheets becomes untenable after adding multistate compliance to the mix. Even something as straightforward as overtime can become convoluted: 19 states have drafted their own overtime rules. The US Department of Labor and most states define overtime work to be anything beyond 40 hours a week. Alaska, California, and a few others look at it differently.
In California, double pay is due for any work over 12 hours. See how easy-to-use HR technology makes keeping track of employee hours effortless. Some states take an entirely different approach. Interpretations of the duties test vary as well. In Colorado , an executive needs to dedicate at least 50 percent of their time to supervisory duties to be considered exempt. Getting overtime wrong can cost your company thousands or even millions. Several state governments have gone further than that, and if the last decade is any indicator, many more will continue to do so in the near future.
Depending on your company size some state programs apply only to businesses with 50 or more employees , you may be required to offer as much as 12 weeks of paid leave to employees. States differ in their definition of a qualifying event—some extend leave only to new mothers or those recovering from an illness, while others grant it for a range of issues.
In some jurisdictions , you can take leave to care for a loved one or to relieve pressure when a family member is called into military service. States and cities are increasingly granting new fathers access to the benefit, too. The amount you are required to compensate employees varies from state to state, and even from city to city. Most programs are paid for by the state and funded through a recurring payroll tax. In San Francisco, employers will have to cover even more: an additional 45 percent , meaning beneficiaries receive percent of their regular wages while on leave.
Identify your toughest state or city laws. These are your new baseline. While compliant in many states, the tactic has recently come under fire from some labor departments.
Budget permitting, doing so is a compliance and employee relations best practice. Unusual local laws can sometimes trip up HR departments. Be sure to enlist help from an employment attorney who practices locally. When compared to federal requirements, some local rules demand more from employers—others not as much. How do you proceed when laws contradict each other? In most instances, federal rules should be seen as baseline requirements — and then local rules, which often build further, win out. Because the federal minimum is more generous to the employee, that rate overrides the lower state minimum.
Maintaining a cohesive company culture when your new satellite office is 2, miles away can be daunting even for a seasoned professional. Technology can lessen much of the burden, but it will take organizational and leadership skills to meet the challenge. The average HR-to-employee ratio for a person company is 3.
If your new office will account for at least a third of your employee count, then hiring a local team member may make the most sense. Your first hiring decisions at the new location have a disproportionate impact on its culture. That expense is only compounded when you consider how it can delay efforts to get a new office up-and-running. Budget permitting, fly them out to company headquarters to tour the office and meet with potential coworkers.
Recruiting for a new office is like hiring for a start-up. Candidates will be just as skeptical of you as you are of them. The element of risk goes both ways, as candidates may be just as skeptical of you as you are of them.
Scour your personal and professional networks. Those connections, whether they're direct or through others, can help establish that trust from the get-go. Incentivize other employees to join in the search by setting up a referral program. Regional differences inform how people interact with one another, and every major city is known for its unique character.
Workplace studies have revealed some of these generalizations are actually credible: East Coast workplace culture ranked as particularly business-oriented and assertive , while the West Coast was found to be more laid back and creative. Does your sales team in headquarters ring a gong when it closes a deal?
Send one to your satellite offices, too. Even your interior decorating choices have an impact.
Standardize the look and feel of your offices to create a unified workplace identity. Leveraging the right technology makes it possible to overcome this and help foster a singular workplace culture many miles or even oceans away. And as a bonus, the same technology can make your organization more productive, too. The impact can be dramatic: one survey found that 87 percent of remote employees felt more connected to their company through videoconferencing.
If your company holds monthly or quarterly all-hands meetings, be sure to broadcast these as well.
One other positive, recent development has been the blossoming of HR technology.