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SpinDistribute.com Article Directory

The following article was published in our article directory on May 15, 2012.
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What are the California Labor Laws?

Article Category: Legal

Author Name: John F. Beaty

One of the most pro-labor states is California because of its California Labor laws. Each state can enforce its own laws as long as these do not oppose the laws of the federal government. In California, everything that affects the workforce has an equivalent law.

A California labor law on pregnancy is available. Those companies that have more than fifty workers are obliged to provide medical and family leave. Such a leave can be caring for one's newborn baby or injured child. This unpaid leave can be extended to 12 weeks for every year. The employee however must render 1 one-month notice for this leave and she must have been in the service for at least a year and consumed 1250 working days in one straight year. An employee who still has some paid vacation can use this however she cannot utilize sick days. Upon returning to the work area, she should still get the benefits she is entitled to prior to her leave.

In terms of vacation time, California offers better vacation time than the federal government. Although it is a part of the employer's rights not to give paid vacation, he can choose how and when it is accumulated should he give it. He cannot also compel his workers to lose or use it. An employee may use the vacation time to another year if he chooses to. If he is fired, he should be paid the vacation time accumulated.

In terms of exemptions, those employees that are nonexempt should be given overtime if they work above 8 hours a day or 40 hours per week.

The minimum hourly rate for California workers is $8 an hour as of January 2008. If he works more than 8 hours a day or 40 days a week, he is entitled to overtime pay of an hour and a half which is $12 per hour extended. If he works more than 12 hours, that is already seen as double pay. Exempted from these labor laws such as overtime and specific hours of work in a day are workers employed in family businesses.

In California, sheepherders receive a minimum salary of $1422.52 a month. Those working in a restaurant should not be paid less than the minimum wage. If they receive tips, these are not credited to the legal wage given by the employer. All employees cannot work than less than what is mandated by the state.

When an employee loses his job in California, his employer must give all his salaries that he has earned since the last payday. This must be provided to him at the place and time where he was fired. If he quits the job without due notice, he must be given his final salary in 3 days time. The wage and hour employment law of California also state that the employee's final paycheck must have remuneration for accrued vacation time that has not been utilized.

It would be beneficial for workers in California to know more about the California labor laws so that he would be able to fight for his worker's rights if they are violated.

Keywords: california labor law, employers rights, wage and hour employment law, union busting

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