The California Labor Laws require employees to meet certain requirements. They include the provision of rest breaks, paying overtime and or tracking hours. However, there are jobs that are exempt from such requirements. People that earn a living from such jobs can be classified as exempt employees. Such people are not subject to either one or more sets of California wage and hour laws.

The Requirements

For a California employee to be classified as an exempt employee, he or she must meet a certain threshold. It is only when they meet this threshold that they qualify to be “exempt” from rest breaks, minimum wage, and overtime. To start with, their job duties should involve making independent decisions and use of discretion.

Another requirement of an exempt employee is that their duties should be executive, administrative or professional. Most people will simply refer to such duties as white-collar duties. The last requirement that meets the threshold of an exempt employee is that his or her salary should be at least twice as much as California’s minimum wage. (Full-time employment wage.)

Job Titles With Exemptions

Other types of jobs with an exemption include private school teachers, outside salespersons, computer professionals, surgeons and physicians, commissioned employees and union employees. A simple way of determining if one is an exempt employee is by answering the question: “is the employee paid on an hourly basis or does he or she have a monthly salary?”

If the employee has a salary, then he or she is an exempt employee. It is important to keep in mind that such salary is always predetermined and will not change depending on the number of hours one has worked.

A fancy job title does not in any way qualify one to be an exempt employee. Employees that devote more than 50% of their working time managing or running a business are exempt employees. Such employees have a responsibility in finance sections, accounting, research, government relations, quality control, database administration, human resources and quality compliance.

Exempt employees have a primary duty of managing an entire business or at least one of its departments. Note that if an exempt employee shows up for work but there is no job for him or her to do, he or she is still entitled to a payment. Another characteristic of an exempt employee is that they can hire and fire other employees at their discretion. They also direct the work of other employees.

Labor Commissioner

When the Labor Commissioner wants to determine if one is an exempt employee, he or she will look into the employee’s duties during workweeks. If they fit the above criteria, then the employee qualifies to as an exempt employee. Exempt employees are rarely supervised directly.

Other employees that can be categorized as exempt employees are learned professionals with advanced knowledge acquired by specialized and prolonged study, licensed professional like architects, lawyers, and engineers. In case an employer finds it hard to determine whether an employee is nonexempt or exempt, they can make use of exempt/nonexempt wizard and nonexempt and exempt forms and checklists.

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A worker might require reporting a labor violation on a public construction project in California. Such a worker will require following the set procedures and laws so as to report the violation effectively. Some of the violations that an employer can commit include; failing to pay prevailing wages, failing to pay overtime, failing to pay travel benefits or reimbursements, not classifying pay grades properly and issuing a paycheck that does not have enough funds.

Labor Commissioner

The aggrieved employee will report to the Labor Commissioner who will investigate to make sure that the employer has violated the laws. It is important to report as soon as possible so that the commissioner can complete the investigation within eight months after the completion of the project. The importance of this is that the commissioner cannot act if this period has elapsed.

While filing one needs to provide details such as the general contractor, the employer, the project and the awarding body which is usually the entity that owns the project. One also needs to provide supporting documents which should not be originals for the original documents might not be returned to the worker. After properly filing the complaints one waits for a confirmation which contains even the name of the investigator. In most cases, the complaints are kept confidential but there are certain times when it might be necessary to notify the employer.

The Investigation

The investigation to the complaint will involve interviews which can be done even on the other employees and other people involved with the particular project. If the investigator is to interview the employees the interviews are mostly done away from the site of the project to avoid confusion and to also avoid intimidation by the employer. The investigating officer might also request for some documents such as the payroll.

In case the employer is found guilty the Labor Commissioner will issue a penalty assessment and civil wage which will show the amount of the unpaid wage. These documents also show the penalties that the employer will be required to pay. There is a sixty days chance for appeal where the contractor can appeal if not satisfied.

In case the employer does not win the appeal a date is set by which the employee should have been paid. If the contractor is unable to pay within the set time the commissioner can use other methods such as taking assets of the contractor. Therefore, if there is a labor violation in California and a worker wants to report the worker will just follow the outlined procedure.

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The Division of Labor Standards Enforcement also known as the Labor Commissioners Office is a crucial part of the Industrial Relations Department. It is the department tasked with the responsibility of investigating all worker retaliation claims. It is also in charge of enforcing labor standards in the state of California to ensure that workers do not work under conditions that are substandard or unlawful.

Before delving into the process of filing a retaliation claim, there are a few facts that you ought to understand:

– You do not require the services of a lawyer when filing this complaint. An interpreter will also be provided in case you are not conversant with the English language.

– Any worker can file a complaint with the commissioner’s office regardless of whether they are in the country legally or illegally.

– You will not need a photo ID or social security number to file your complaint.

How Do You File a Retaliation Complaint?

The RCI (Retaliation Complaint Investigation Unit) is in charge of investigating all employer retaliatory complaints made by their employees. Retaliation can be in the form of reduced working hours or dismissal after an employee has spoken out for ill-treatment at work.

Be Prepared to Submit Your Filing

Before you can file, you need to check whether the deadline has passed. Normally, you are required to file within six months after this act has been performed. Understand that even if you miss the six-month deadline set by the Labor Commissioner, you can still file a private lawsuit.

Preparation involves gathering documents that detail the action taken by the employer. Aim to show that you do not have prior cases of misconduct and that you were within your labor rights when the action was taken.

File Your Complaint

Obtain the Retaliation Complaint form and fill all the details. You can get the form from the website or the Labor Commissioner’s offices closest to you. Normally, it is recommended that people visiting the offices for the first time bring their own interpreters. An interpreter will then be provided on subsequent visits after the form has been submitted.

Once submitted, the complaint will be reviewed and a decision made on whether or not to investigate your employer. A notice will be sent to you to communicate the Office’s decision.

Be Cooperative

If an investigation is commissioned, your assigned investigator will most likely take some of the following actions:

• Interview both parties
• Interview witness that could have witnessed the retaliation act
• Make a visit to the worksite to check for possible evidence
• Issue your employer with subpoenas to furnish documents related to your complaint
• Make a request that both parties have a sit-down to discuss a possible settlement

Go to a Settlement Hearing or Conference

In the event that a settlement hearing is set by this office, both parties will need to make an appearance. Here, questions will be raised about the complaint, and the possibility of a settlement discussed.

If the conference is not successful, a hearing date is then set. For the hearing, you can bring your union rep or attorney. The hearing officer will then make their recommendations based on the evidence provided.

Know All the Likely Outcomes

A written decision will be sent to your address to inform you of the outcome reached during the settlement hearing. This could include:

• Receive pay for the lost wages
• Be reinstated to the previous position
• Enter into an agreement to refrain from retaliatory acts in the future

If a decision is entered in your favor, the employers will normally have a maximum of ten days to either comply or appeal that decision.

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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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Once an employer gets employed in an organization, he or she should be paid for the work done. You will note that most companies normally start with small salaries and wages and later increase them. However, other companies normally take time before increasing these salaries. This can discourage employees in such companies. It is important that you pay your employees what they deserve.

You can also consider adding them more money as they work overtime. This boost productivity. The issues of wages have been discussed in the past. It is still controversial in some companies. Some countries normally have their own laws that govern what an employee is supposed to earn. If you have a business or a company in California, there are a number of issues that you need to know about wages.

These include the following:

When was the minimum wage increased and to what extent was it increased?

You will note that the minimum wage in California was increased from $10.50 per hour to $11 per hour. This actually began from Jan 1, this year (2018).However, this applies to those employees whose employers had 26 employees and above.

What happened to those employers who have 25 employees or less?

You will realize that the minimum wage of employees under this category was increased from $20 per hour to $10.50.

What was the minimum annual salary for employees whose employers have 26 employees and above?

It is important to note that their annual minimum salary was increased from $43,680 to $45,760.

What was the minimum annual salary for employees whose employers have 25 employees and below?

In this case, the minimum annual salary was increased from $41,600 to $ 43,680.

Are direct contractors liable for debts of subcontractors?

It is important to note that direct contractors are liable for debts of subcontractors at any tier owned to wage claimants. You will realize that this liability normally extends to several things. These include the following:

• Unpaid wages
• Finge and other benefit payment or contribution
• Interest owned.

What is the responsibility of the Labor Commissioner?

He or she can enforce liability for unpaid wages and interest on the wages.

You can get these laws under Labor code section 218.7. If you have a company or a business in California, you should be aware of these laws and regulations regarding wages of employees. You need to be aware of the minimum wage so that you can pay the employees what they deserve. Most employees are normally conscious of what they deserve to be paid. This information will be helpful to you.

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The violation of existing laws of wages on public construction projects is also known as theft of wages. These violations of prevailing laws of wage on public works projects are investigated by the Public Works Unit of the office of the Labor Commissioner. If you know about a labor violation committed by an employer on public construction projects then as a common man you can file a complaint, even if he not connected to that project. These violations may include non-payment of wages, non-payment of overtime, non-payment of benefits and reimbursement of medical bills, wrong classification of pay grade and bounce back of paycheck due to inadequate balance in the account.

When to file violation complaint?

A complaint regarding violation of labor laws in public work projects should be filed with the Labor Commissioner at an earliest. It should be filed within 18 months of completion of the project as it takes time to complete investigations and issuing assessments. The Labor Commissioner cannot entertain your complaint after the lapse of this time period.

How to file a violation complaint on public works?

Anyone can file the complaint with Labor Commissioner if he wants to report about the violation at some public construction project. Employees should complete the Worker Complaint Form for Public Works whereas others can use Pubic Complaint form for this purpose. This complaint form should include complete information about the project of public works, awarding body, employer, and general contractor before submitting it to the office of Labor Commissioner. You will receive a notification regarding the filed complaint with the name of investigating agency or individual.

Process of investigation

The investigator will issue a CWPA or Civil Wage and Penalty Assessment containing the number of wages due and the penalties owed by the employer, contractor or subcontractor. The contractor or employer can file an appeal against this assessment within 10 days. But he will have to pay this amount to the Labor Commissioner if his appeal is rejected.

What to expect during an investigation

The public works projects are minutely monitored by the investigating unit of Public Works Department during the investigation. They also review the time records and payrolls and interview the workers working on the spot to get an actual report regarding the dealings of the employer. They also collect evidence for non-payment of wages while inspecting the workplace.

Thus, a labor violation on a public construction project can be reported in California.

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