California state legislation has been at the forefront by passing several bills that prevent sexual harassment in the workplace as well as within the state legislature. The package of bills was signed by the Governor of California, Edmund G. Brown on September 30th, 2018. These bills were put in place in support of women, children, working families in California. Many of these bills addressed sexual harassment and discrimination in the workplace and provide sexual training requirement to address professional liability, settlement agreement and enforcement, and strengthen whistleblower protections by including new protection for state legislature workers.

Key Areas Covered By The New Bills

Frequently Asked Questions

Here, we explore the commonly asked questions that might help you:

i) What constitutes harassment at work place?

Harassment at workplace includes any discrimination against age, sex, pregnancy, religion, marital status among other factors.

United Employees Law Group

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Should the employer deduct credit card processing fees from my tips?
Any credit card charges (processing fee) are considered as the employer’s responsibility. It’s also the responsibility of the employer to keep all the record of the tips you receive. Violation of this law is considered a misdemeanor. If your employer has been crediting the tips against your wages, you’re being underpaid.

Is tip pooling legal?
Yes. Tip pooling refers to the collection of all the tips from employees and then splitting them according to the agreed percentages. In California, this is considered legal so long as the previously agreed conditions are met. A general rule of thumb is that the tips included in the pool should be given to the employees only. Supervisors and managers should not share in the tip of the pool. The law also requires that the servers should get the lion’s share with a smaller portion going to busboys and bartenders.

What are the legal consequences of the violations?
Employees who don’t receive their tips are required by law to bring to their employer’s attention their outstanding tips and gratuities. Any employer who violates the California Laws on dispersing tips and gratuities is considered to have committed a misdemeanor. Therefore, you should file a claim at the labor commissioner’s office to recover any wages or tips that are being illegally withheld. Alternatively, you can seek the services of UELG (united employee law group) to file a lawsuit against your employer. And the best part is that an employee cannot be punished for exercising these rights.

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If you are an employee employed “at will” that means that your employment contract can be terminated at any time for no reason or any reason, excluding illegal reasons. If your employer decides to cut ties with you that means that it is the end of your work you were hired to do and your legal rights are very limited for the purpose of fighting your job termination. Moreover, an at-will employment means that as an employee you are free to leave your job for no or any reason at any time with no legal consequences that are adverse.

How Do You Know If You Are An At-Will Employee?

The existing law presumes generally that an employee is employed at-will unless you are able to prove otherwise. You can prove that you are not employed at will either through the oral statements made by your employer or your employment-related written documents.

Employment Documents

If you are employed at the present, to know if you are an at-will employee, check your employment documents that mention that. If you signed an agreement or a document stating that you are an at-will employee, your story almost certainly ends here.

In a case that you have not signed a document that agrees that you are an at-will employee then you have to check with manual/written workplace policies. It is important to note some of the
employment documents may not expressly use the term an at-will employee. An employment document may simply state that your contract can be terminated at any time or fired without cause and that makes you an at-will employee.

If you have been fired and a good cause is required for fire then you have to rely on the written policies. Additionally, if you signed an employment contract that guaranteed job security then that
means that you are not an at-will employee.

Statements by Employer

If during the process of hiring or even later you are informed by your employer statements that you will be employed as an at-will employee, the statements will be relied on as proof if your employment contract is terminated. On the other hand, if your employer statements indicate that you will be fired only because of a good cause then that means you are not an at-will employee.

At-Will Employee Rights

Even if you happen to be an at-will employee, still you cannot be dismissed from work because of illegal reasons according to both the state and federal law. For example, you cannot be relieved of duty for complaining about an illegal activity.

At-Will Agreements

To safeguard the right of an employer to fire you at will, as a job applicant or new employee, you will be asked to sign a statement that is written agreeing to you being an at-will employee. Such a written statement might be included in an employment contract, employment application or elsewhere.

When to Sign an Agreement for an At-Will Employment

The default rule that exists is that as an employee you work at-will. In theory, there is no requirement for you to sign an agreement to be an at-will employee. Most courts though are of the view though that your job hiring can be rejected or you can be fired in case that you do not sign to agree to be an at-will employee.

When to Think Twice Before Signing an At-Will Employment Agreement

You should not sign an agreement if you have to rely solely on the promises of your employer for continued employment by accepting the job. Do not sign an agreement that renegades on the promises made by your employer. Ask the employer to include the earlier statements or promises into writing if he/she stands by them. If your employer changes his/her tune or refuses to honor its written statements then it may be the perfect time to talk to us, the United Employees Law Group.

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Workers’ compensation ensures that employees receive benefits when they are injured, contract or develop illnesses in the workplace. This law helps injured employees cover their medical bills and return to their jobs as soon as possible after an illness or injury. The following are frequently asked questions about workers’ compensation:

How do I file a workers compensation claim?

After an injury at the workplace, you should first inform your employer. If your employer is self-insured then you can file the claim directly. You should then visit a doctor and describe your injury or illness to him/her. Your employer will then give you the necessary forms to fill. The employer will submit the filled forms to the workers’ compensation agency and the insurance company. You should visit the nearest workers compensation office if your employer refuses to help you in filing the claim.

The insurance company will investigate and decide whether to approve or deny the claim. You can appeal in case your claim is denied.

Must the injury occur at the workplace for one to be compensated?

You have the right to be compensated as long as the injury is job-related. You will be compensated if the injury occurs during business trips and functions.

Can I be compensated for all work-related injuries?

This law does not cover all the work-related injuries. Your claim will be denied if you are using illegal drugs or when you get the injury while committing a crime. Also, self-inflicted injuries and those suffered while you are not on the job will not be covered.

Does the law cover all long-term illnesses?

Diseases that are caused by bad working conditions such as heart and lung disorders will be compensated. Therefore, you will receive benefits even if your injury was not caused by an accident.

Does it cover my medical bills?

Workers comp will cater to your treatment expenses. In case of permanent disability, you will receive payments to cater for your lost salary. It may also pay for retraining and rehabilitation.

Does it cover all employees?

Workers’ compensation coverage depends on the number of employees, type of work and also business type. Farmworkers, casual and domestic workers are not eligible for compensation.

How UELG can help you!

The United Employees Law Group (UELG) can help you file the claim and appeal in case it is denied. Contact them for guidance and strong representation during trials. Visit https://www.californialaborlaw.info/areas-of-practice/ for more information about UELG’s services.

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Domestic violence is such an hard situation and one needs much time to handle it. As an employee, you may need some medical attention, some time to ensure the safety of your children while at home or just time to settle your domestic disputes with your family and this should not be debated since it is your right to be given time in order to settle such matters.

Where to Report Your Domestic Violence Issues

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As an employer, no matter how much you want to monitor your employees, you need to understand their rights according to California Laws to avoid litigation. While these rights are long and complex, they have been summarized below.

Video Monitoring

You are allowed to install surveillance cameras in several locations in your office premises but you must notify your employees of where the cameras are. It is believed that you should install them only in areas where work is being performed and not in areas like the restrooms or the dining room. And if you need the footage of any of your employees for anything, you must seek his or her express consent before going ahead with whatever you want to do.

It is advisable to get a written and signed consent as a disgruntled employee may deny giving you his consent later and even sue you for the violation of his privacy rights.

Usernames and Passwords

You don’t have the right to ask your employee for his username or password to access his workstation. Even if your IT team needs to work on an employee’s workstation, they can access it through the administrator’s password. When your employee is logging on, you need to step away from him, otherwise you may be accused of looking over his shoulder to get his login details.

Phone Calls

When any official phone call is being monitored, you must alert both parties that the call is being monitored. It is also important to remember that monitoring and recording are two different things. A lot of employers believe that notifying employees that their calls are monitored suffices for notification for call recording. This is wrong. Monitoring may mean that someone else is listening. If the calls will be recorded, you must also state that too.

GPS Tracking

This is a pretty new one and its limit is yet to be fully defined. However, employers only have the right to track company’s properties like cars and laptops. This is accepted for the safety of the properties. You should never track any employee that is not in possession of any company’s property. It means you are already encroaching on the employee’s privacy rights.

Drug Testing

You may subject your employees to drug test before hiring them and you can also subject them to post-employment drug test when any issue that warrants it occurs. Aside the two scenarios, you should never subject your employees to drug test. In addition, if drug test is part of your screening process, you must notify applicants beforehand.

Workstation Monitoring

Although there are several applications that can be used to monitor your employees’ activities on their workstation, you must let them know. Never assume that they will never know. They may find out. A glitch may occur and expose you. Don’t risk litigation.

Conclusively, this article has outlined and simplified the most important clauses in California laws on workplace privacy and employee monitoring. Adhering to them is not an option but a necessity.

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A tip refers to money voluntarily left by a satisfied customer for an employee for the goods or services rendered. Under California law, employees are entitled to keep their tips and gratuities left by customers. And because tips are not technically a wage, the employer cannot take any part of the tip. Additionally, they should not be included when calculating the employee’s hourly rate. It’s also worth noting that the employee cannot be forced to share the tips with managers, supervisors or other employees. Here are a few rules you should know about California Laws on
dispersing tips and gratuities.

Are tips used to calculate overtime and regular rate of pay?

Tips are not part of an employee wage and should not be included in the calculation of the regular rate of pay. According to California labor laws, they must be paid immediately as they are received without any interference from the employer. And if the customer pays the tip via credit card, the employee is entitled to it on the next regular payday the credit card payment is authorized. Because the law is committed to upholding labor laws, the employee must receive the minimum wage regardless of the tips received.

Should the employer deduct credit card processing fees from my tips?

Any credit card charges (processing fee) are considered as the employer’s responsibility. It’s also the responsibility of the employer to keep all the record of the tips you receive. Violation of this law is considered a misdemeanor. If your employer has been crediting the tips against your wages, you’re being underpaid.

Is tip pooling legal?

Yes. Tip pooling refers to the collection of all the tips from employees and then splitting them according to the agreed percentages. In California, this is considered legal so long as the previously agreed conditions are met. A general rule of thumb is that the tips included in the pool should be given to the employees only. Supervisors and managers should not share in the tip of the pool. The law also requires that the servers should get the lion’s share with a smaller portion going to busboys and bartenders.

What are the legal consequences of the violations?

Employees who don’t receive their tips are required by law to bring to their employer’s attention their outstanding tips and gratuities. Any employer who violates the California Laws on dispersing tips and gratuities is considered to have committed a misdemeanor. Therefore, you should file a claim at the labor commissioner’s office to recover any wages or tips that are being illegally withheld. Alternatively, you can seek the services of UELG (united employee law group) to file a lawsuit against your employer. And the best part is that an employee cannot be punished for exercising these rights.

Photo Credit: Shutterstock/maradon-333

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In California, employers are required by law to give their employees their final paycheck after the termination of their employment. According to California labor laws, payments should be made on regular paydays or at least twice during each calendar month. Any wages earned between 1st and 15th of the month in question should be paid before 26th of that month. Likewise, wages earned on the 16th day of the month should be paid before 10th of the following month. And if the employee had worked overtime, the employer is obligated by law to add the amount in the next regular pay period. The employer must also pay all the accrued vacation at the time of termination.

When an employee is laid off/fired, he or she is entitled to the final paycheck immediately. On the other hand, if an employee quits without giving notice the employer is bound by law to give the final paycheck within 72 hours. But, if you quit by giving three days notice to your employer, you should have your paycheck on the last working day. However, you’re not entitled to any payments on unused paid sick hours. And in case you have a mutual agreement with the employer to mail the last paycheck, he cannot force you to come to the office to pick it.

What are the unique rules to specific industries?

Film industry

All short-term employees involved in broadcasting or motion picture production should collect their paychecks from the employer the next regular payday. But, if the employees are working under a collective bargaining agreement, alternative provisions on final payments may apply.

Agriculture industry

Seasonal employees who work with canning or drying fish, vegetables or perishable fruits are entitled to payments within a reasonable time not exceeding 72 hours.

Live entertainment

Any employee working at live concert events should collect his or her final pay as provided in the bona fide collective bargaining agreement.

Oil industry

Employers who lay off employees engaged in oil drilling should be paid within 24 hours, excluding weekends and holidays.

Waiting Time Penalties

If you’ve been terminated and your employer has failed to submit the final paycheck, you’re a victim of wage theft. For each day the employer delays the last payment, you’re entitled to collect money as a waiting time penalty on your previous employer. In California, this penalty is calculated by taking the employee daily rate and then multiply by the number of days that remain unpaid (up to 30 days). Even after collecting final paychecks on time, employees may still be entitled to waiting time penalty if they did not receive all compensation.

If your employer has failed to give the final paycheck on time, you should seek the services of UELG (united employee law group) to file a lawsuit against him or her.

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Interview questions are usually meant to establish how suitable the person being interviewed is for the available position. These questions also seek to establish whether the applicant has the mentality that will suit the job. However, some questions asked during an interview can be very personal. But in California there is a limit to the breadth of topics and questions that can be discussed during an interview, as some can considered illegal. These illegal interview questions generally violate the rights of the interviewee and usually seek to discriminate people based on different aspects of their life. This can therefore take the interview in a different direction and may not end up properly checking whether the applicant is a suitable applicant.

What interview topics/questions are considered illegal?

In California, there are guidelines for how to conduct a proper interview followed by a set of questions which can be deemed illegal by the law. Questions about the following areas of a potential candidate’s life that are illegal to inquire about include:

1. The sexual orientation of the person being interviewed.
2. Questions that seek to establish the religious beliefs of the applicant.
3. Questions regarding the applicant’s race or country of origin.
4. Asking the age of the applicant.

What do I do when an illegal topic arises?

It is always important to have done proper research before going for an interview to determine the illegal interview topics and questions that may arise. When one is aware of the illegal topics and questions it becomes easier to notice them while being interviewed. It is also the obligation of the employers to know the questions that they cannot ask the people they interview.

If during an interview an illegal topic or question is asked, it is important for the applicant recognize this and to notify the interviewer. According to California law, the interviewee is advised to refuse to answer the question, and report that the topic is illegal to cover. One should do it in a firm but polite manner without showing anger. The interviewee can also proceed to answer the question and then notify the interviewer that it is illegal if they wish to do so. This allows the interview to precede despite the inclusion of the illegal questions.

The California laws also give applicants the opportunity to file claims through contacting the local Equal Employment Opportunity Office. This particular office will look at the claim and take the necessary action against the interviewer to protect the person seeking employment. Therefore, when interviewing in California, it is always paramount to know the illegal interview topics or questions that can violate the civil rights of the person applying for a job.

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Employers in California are permitted to enact mandatory policies relating to dress codes and they must be reasonable so as not to burden employees or violate their freedoms.

When is an employer allowed to require a dress code?

Employers ca require that the employees wear work uniforms if the employees don’t have to buy the uniforms. Supplying the uniforms is the responsibility of the employer and frees the employees of the burden of having to look for matching colors to wear to work.

The dress code, however, should not veer off into discriminatory territories or affect an employee’s religious freedoms but rather uphold their right to come to work dressed neatly. The California employers can also enact grooming policies and reasonable dress codes which are based on their legitimate business needs and financial goals. Policies may be enacted to prohibit certain kinds of wear for men but allow for women to wear adornments like earrings.

Who enforces these dress code guidelines?

There is a commission that is tasked with the responsibility of enacting and enforcing these regulations known as the California Fair Employment and Housing Commission and its main task is shielding employers from unfair and discriminatory employment practices. This commission prohibits the employers from enacting dress codes and policies which might have a discriminatory effect against employees based on the equal employment opportunity laws.

The dress codes should also not be in way of a peaceful working environment or promote sexual harassment behaviors, something the dress code rule is keen on enforcing. According to the law, certain kinds of revealing clothes are not allowed by employers and even sexually suggestive clothing is disallowed unless it has a legitimate financial reason to enact the policy. Additionally, the rules require employers to allow for cross-dressing employees to follow dress codes that are assigned to opposite-sex employees.

Conclusion

Whenever the employer asks for a uniform to be worn at work, they are additionally expected to provide the necessary apparel in accordance with their specifications. The dress codes will impact the working environment and how the employees are able to relate to one another. This dress code and a strict standard of dressing also tend to have a significant impact on a brands image which is ingrained in the work culture. An employer that has uniforms for workers is also required to pay for the uniform and not take it out of their employees’ pay package. In this way, there will be an equal opportunity for all and the uniforms will be useful for an organization during work hours.

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