It is not just adults who need to work to support their family and lifestyle. It is legal for teenagers and children to work during school holidays as well. However, workplaces can be unsafe for teenagers because of hazardous conditions. There are child labor laws in place to protect teenagers and children from hazardous working conditions.

However, that has done little to prevent teenagers being exposed to health and safety hazards at workplaces. Did you know that workplace conditions and the kind of work teenagers do can affect their health? Certain substances found in workplaces such as paints, pesticides, gas and cleaning material can affect your health.

Avoiding Hazards

At work, teenagers can be exposed to hazards that lead to illnesses or they may engage in tasks that lead to serious injuries. Some of the hazards that can result in teen injuries include uneven or slippery floors, unprotected machines, working at heights, sharp objects, heavy lifting, and working in confined areas.

In California, most teenagers often get injured at work due to stressful conditions or unsafe equipment. There are different factors in work areas which can create frustration, anxiety, and stress among young workers. These factors include fast-paced workplace, job insecurity, work overload, and fear of workplace violence.

Injury Prevalence

Injuries are the main cause of death among children over 1 years old and adolescents. Injuries are also the main cause of hospital admission among teenagers and children. So what can you do to reduce teen injuries at workplaces? It is worth noting that most teenagers who get injured on the job do not receive enough safety training or supervision.

To prevent teen injuries, youths should be told about workplace safety. In addition, young workers should be told about their legal rights. What are some of the rights of young workers?

• First, right to refuse to work if you think the job is risky to your health or life.
• Second, right to join a workers’ union.
• Third, right to receive protective clothing and equipment.
• Fourth, right to a safe workplace.
• Fifth, right to training about safety and health.

Teen Work Restrictions

Some teenagers often ask if it is fine to do all work. The answer is NO. There are laws in California that protect teenagers from doing risky work. So what happens when you get injured at work? It is not uncommon for workers to get injured at work.

When you are injured at work, you need to understand your rights and how you can be compensated. If you are below the age of 18, you can receive benefits regardless of whether you are working full-time or part-time. Once you are injured on the job, inform your supervisor immediately. Also, make sure you receive urgent medical treatment in case you need it.

Compensation

As far as workers’ compensation is concerned, your employer is supposed to provide medical care. They should also provide payments in case you miss 3 days of wages or more due to injury. In case you have unpaid wages, you can use the following tactics to collect the money owed to you.

• Step one, read your contract to see how much you are supposed to be paid per hour.
• Step two, get documents like timecards to show you have not been paid.
• Step three, check the Federal law to see the minimum wage which is $7.25 per hour.
• Step four, calculate how much your employer owes you.
• Step five, speak with your employer about the unpaid wages.
• Step six, file a complainant with Department of Labor if they fail to pay you.

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In California, as it is with essentially any state, the laws for employing, paying, and recording usage of an independent contractor vary greatly from those of simply hiring a company employee. In many instances, usage of independent contractors can alleviate strains placed upon you or your business due to employment laws, especially the strident restrictions and prohibitions of California’s. Though, applying the title of an independent contractor to someone does not make them an independent contractor. So what does? What are the laws and stipulations of hiring an independent contractor? How will it help my business in California to know and understand the usage of these laws? Keep reading for the need to know laws and legal information on independent contractors in California.

The Legal Definition of an Independent Contractor in California

Classifying an independent contractor could be one of the most important aspects of the legal relationship with the person at hand. Many fall victim to the belief that by operating under certain conditions they will be unaffected by misclassification penalties, but this is simply not true and it is important as a business owner to learn the definitions used by governmental agencies in their definition of independent contractors. One of the most important factors in determining if someone is an independent contractor or employee is the right to manage the manner and means of accomplishing the desired result. In California, courts and agencies have generally applied common law practice in determining the status of independent contractors.

Compensation, Federal Taxes, and Hourly Wages of Independent Contractors

As mentioned previously, the laws for compensation, taxes, and hourly wages of independent contractors varies greatly from that of company inducted employees. Recently the California Supreme Court have applied six further conditions as to determine the status of independent contractors and have discarded the common law test as the sole means of definition. This decision has impacted not only worker’s compensations but other employee-related matters also.

The IRS is responsible for determining the relationship between a company and employee on a federal level and misclassification on a company level can lead to your business incurring large government penalties as well as employment taxes. Misclassification can also be particularly troublesome for businesses at this level as they may lead to aggressive audits and financial penalties by the IRS. During wage claim processes or audit proceedings, the California Labor Commission is responsible for determining the true relationship between an individual and company. This is commonly done by using the right to control as well as several other factors as determined by the California Supreme Court.

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California recently made a significant change with its labor laws, specifically about piece-rate compensation. If you are an employer that pays your employees by a piece-rate system, then you should know about this recent change. Otherwise, you could be unknowingly underpaying your employees, which can easily lead to an expensive lawsuit for you.

On the other hand, if you are an employee, then knowing about this recent change entitles you to proper compensation set by California’s labor code.

What Is It?

In some industries, it’s common for employers to pay their employees by “piece-rate” system. If an employee is on a piece-rate system, he/she gets paid for every completed task or per the number of produced units.

Common Examples:

* Carpenters that are paid by the yard
* Technicians that are compensated based on the number of units installed
* Nurses that are paid based on the number of procedures done
* Factory workers that are paid on the basis of the number of widgets he/she can produce

When practiced correctly, the piece-rate system encourages increased productivity, which is good for the employer. Employees also get the benefit of having the opportunity to earn more compared to a fixed hourly rate system.

The New Piece-Rate Compensation

California’s new piece-rate compensation is also known as the AB 1513. It went to effect last January 1, 2016. Under this recent change, California piece-rate employees must be compensated for non-productive time on top of what they are getting from the piece-rate compensation.

The additional compensation is determined by dividing the worker’s total compensation for the workweek by the number of hours worked during the same workweek. Calculations can easily get confusing, and that’s why it’s best that you consult with a professional to avoid costly problems.

Are There Any Exceptions?

Some employees may be exempt from this new change. One good example is when the employee is being paid on a commission basis. Before a compensation can be considered as a “commission basis,” the pay must be on a percentage basis in relation to the sale price.

While the employers have control on the design of the piece-rate compensation, it is not possible for the employer to opt-out from paying compensation for non-productive time. The compensation for non-productive time is based on the average hourly rate. Also, piece-rate employees must be paid for overtime. The technical details of the new change can easily get confusing, and it’s best that you consult with the appropriate professional as soon as possible.

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Jury duty service is very important in enhancing democracy in America. As such, California’s jury leave law which is derived from the Labor Code section 230 recognizes employees’ freedom to engage in jury duty. Jury duty is a process where citizens act as witnesses in a court of law upon receiving summon papers. In most instances, employees are reluctant to serve on a jury due to fear of lack of compensation by their employers. It is, therefore, necessary for employers to create jury duty leave policies that motivate employees to participate in jury service.

In relation to jury duty leave laws in the workplace, there are some Frequently Asked Questions (FAQs). The questions are as follows:

Is it obligatory to pay an employee attending jury duty?

The law does not compel employers to pay employees attending jury service. However, some employers have formulated jury duty leave policies that guarantee employee compensation for their service. In organizations where there are no such policies, the employee does not receive compensation.

Do I commit an offense by communicating with my employee in the course of a trial?

It is not an offense to communicate with your employee as long as it is during the trial recess. However, it is an offense to discuss details of a trial with the employee.

Do I have the mandate to verify that my employees will attend jury service?

It is your right as an employer to request your employees to furnish you with the necessary documentation-notice of proceedings, a court order- that confirms they will be attending jury service.

When should I withhold compensation for my exempt employees on a jury?

An employer is required to pay exempt employees for the total days worked. Even so, an employer can withhold compensation if jury duty deprives the employees of their ability to execute tasks for the entire jury service week.

Is there any chance that I can be compelled to pay my nonexempt employees?

There are instances where an employer may be compelled by a contract or union agreement to pay nonexempt employees.

Do courts compensate employers who compensate employees for jury service?

Unfortunately, courts do not compensate employers. If an employer compensates an employee for attending jury duty, the employee ought to refund the juror’s fees to the employer.

To wrap up, it is key for employers to enact jury duty leave guidelines that are fair to employees. This should be done since jury service is part of employees’ duty as citizens to influence the legal process. With respect to employees who hardly understand about jury duty leave laws, it is wise to consult legal experts in California labor laws to get more insights these laws.

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