DLSE Archives - UELG https://www.california-labor-law-attorney.com/tag/dlse/ California Labor Law Attorney Tue, 25 Feb 2020 09:53:47 +0000 en-US hourly 1 https://www.california-labor-law-attorney.com/wp-content/uploads/2019/05/img-logo-150x113.jpg DLSE Archives - UELG https://www.california-labor-law-attorney.com/tag/dlse/ 32 32 Young Workers Program in California https://www.california-labor-law-attorney.com/young-workers-program-in-california-3/ Mon, 17 Dec 2018 06:43:16 +0000 https://www.california-labor-law-attorney.com/?p=1450 California teens join the workforce every year in the form of summer jobs and part-time employment. These teens usually are […]

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California teens join the workforce every year in the form of summer jobs and part-time employment. These teens usually are uninformed of the dangers they may be exposing themselves to at their places of work or even their rights as employees.

Employee Rights

To ensure teens joining the labor force in California are well informed of their rights, two organizations are concerned with providing education and resources to these young workers, the California Department of Industrial Relations, and California Commission on Health and Safety and Workers’ Compensation. DIR and CHSWC ensure young workers are aware of their rights as teens, about workplace health and safety and how to stay safe from work-related hazards.

As new entrants into the workforce, teens need to be informed on how they can adhere to safe work practices to avoid loss of wage and work time. With education on safety practices, teen workers would also be less likely to become permanently disabled as a result of an accident at work. Disability would result in their future career goals being altered. As a young workers’ program initiative, the commitment of DIR and CHSWC is in ensuring teens work in the safest environments that do not subject them to unnecessary dangers.

Employee Resources

To further help teens work safely, another division of DIR, Cal/OSHA, provides teens with information concerning health and safety requirements at the workplace. The organization assesses work situations and offers advice or recommendations on what to be done to prevent work-related accidents from occurring.

The Division of Labor Standards Enforcement, another arm of DIR, also offers information concerning employment rights. DLSE enforces California Labor Code on child labor. Child labor laws in California require that young workers of high school age have work permits. The law further requires that the work permits be obtained by coordination with their respective schools. DLSE also investigates cases where teens are reported to be engaged in unsafe and unlawful work conditions.

Employee Protection

To ensure proper work conditions, and that young workers are protected from unsafe and illegal work environments, DIR and CHSWC liaise with government agencies and key organizations in the state of California that represent parents, employers, and educators. Together with these organizations, DIR conducts and sponsor educational fairs, contests, and workshops aimed at encouraging youths to involve themselves in learning about workplace health and safety.

Ensuring teens remain safe at the workplace starts with educating and encouraging them to seek for information on workplace safety requirements. The youth need to be aware of the many channels of information available and take advantage of the many educational resources that are geared towards ensuring they’re safe at work. Educating teens on work safety rules also allows them to observe safe work practices as well as know their rights as teen workers.


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New Hiring Practice Laws in California https://www.california-labor-law-attorney.com/new-hiring-practice-laws-california/ Mon, 25 Jun 2018 11:13:00 +0000 https://www.paymeovertime.com/?p=1092 California law bans managers from choosing the states of employment in light of captures or confinements that did not bring […]

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California law bans managers from choosing the states of employment in light of captures or confinements that did not bring about a conviction and investment to a pre-program diversionary. AB 1008 cancelations these arrangements for more grounded hostile to separation measures.

After producing results, it is against the law work rehearse for bosses with at least five representatives to:

1) incorporate on a job application any inquiry looking for the divulgence of a candidate’s conviction history

2) ask for the history of conviction until the point when a contingent offer is granted to the candidate

3) “consider, disperse, or scatter data identified as indicated earlier captures, redirections, and feelings.”

More On AB 1008

AB 1008 additionally extends the procedure for the disavowal of a job based “exclusively or to some degree” on the candidate’s conviction history. Bosses who expect to deny a candidate on these grounds should make a ”personal appraisal” of whether the candidate’s conviction history has an “immediate and unfriendly” relationship to the obligations of the activity.

On the off chance that the business confirms that there is an immediate and antagonistic relationship to the responsibilities of the event, the company must inform the candidate in composing of that choice. The candidate at that point has five working days to react before the notice the business settles on an official decision, and if the candidate debates the exactness of history conviction, they have an extra 5 days of work to get supporting proof and support a claim.

The California Labor Commissioner

In California current law, Commissioner of work is enabled to examine and report dissensions of countering or segregation that emerge from the Commissioner’s different examinations concerning a particular boss. The previous law, which is overhauled by SB 306, conceded Commissioner of work this energy to explore striking back or segregation just if a representative or other individual made a grievance. Going ahead, the Labor Commissioner won’t require an objection to research countering or separation identifying with a current examination.

On suspicion that a business has countered or oppressed representatives gave a progressing DLSE examination concerning the company, the Commissioner may start an investigation without any grievance. After finding “sensible reason” to trust that an infringement has happened, the Commissioner may appeal to the individual unrivaled court for injunctive help.

New California law restricts victimization benefit individuals given their enrollment or administration concerning work, status. AB 1710 grows this insurance, making it unlawful to victimize benefit individuals as for the rules, Benefits of work notwithstanding current assurances.


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New Discrimination and Retaliation Laws in California https://www.california-labor-law-attorney.com/understanding-new-discrimination-retaliation-laws-california/ Mon, 19 Jan 2004 09:11:28 +0000 https://www.california-labor-law-attorney.com/?p=1354 Over the years, retaliation lawsuits and charges have been increasing steadily resulting from an employee being demoted, fired, or facing […]

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Over the years, retaliation lawsuits and charges have been increasing steadily resulting from an employee being demoted, fired, or facing any other negative/adverse employment consequence. In light of this, it is obligatory for all employees to understand what kind of employee actions are protected under California law.

Forms and Causes of Employment Retaliation in California

 

As stated in the introductory section, employee retaliation cases have been on the rise for the past few years. Some of the notable forms of retaliation include demoting, firing, or adverse actions taken against an employee. These cases are often caused by any of the following events:

  • Reporting or threatening to report an illegal activity/actions of an employer
  • Participating in the labor union, most of which involve the right of an employee to free expression and association
  • Participating or filling in an investigation of an employer
  • Filing a complaint with the California Division of Labor Standards Enforcement Division against an employer
  • Complaining about employment or working conditions

What do California’s Laws and Protection Say Against Employee Retaliation?

 

In California, several employment laws have been enacted to protect workers from retaliation in their workplace. The California Labor Code is one of the most important, which outlines the protected actions that workers can engage in without fear of discrimination and retaliation.

This code also states prohibited actions of an employer that may be considered employment retaliation. Some of the employer prohibited activities include the following:

  • An employer can’t retaliate against a worker who has implemented their rights in any formal employment
  • An employer can’t retaliate against a worker, nor create, adopt, or enforce any rule, policy, or regulation that prohibits or prevents a worker from disclosing crucial information to the state, government, and law enforcement agencies

What Does the Law Outline About Retaliation Compensation?

California Labor Code (cap 132a) is the compensation provided for retaliation in employee’s compensation statute. The provision outlaws an employer from terminating or (in any form) discriminating against a worker because s/he has a workstation injury, filed an employee’s compensation claim, or has been awarded an employee compensation reward.

The statute further requires the employer to bear the burden of proving that the worker was not fired, demoted, or treated differently because of the workstation injury or employees’ compensation claim. Any worker filing section 132a of the Labor code can receive a compensation of up to 10,000 US dollars, reimbursements for wages lost, reinstatement, and other work benefits.

Are There Any Other California Employees’ Retaliation Statutes?

Yes. There are many other assortments of employment laws that protect workers from discrimination and retaliation in the workstation. It includes the following:

  • Equal Pay Act
  • Paid Sick Leave
  • Filling an Hour or Wage Claim
  • Among others

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