HR Compliance

The many laws and regulations that govern your work place and employment actions must be understood to minimize your risk. Most important is the interpretation and application of policy and practice. Ignorance of the Law is not a defense.

Age Discrimination

The age discrimination in employment act of 1967 prohibits employment discrimination against persons 40 years of age or older.

Americans With Disabilities Act ("ADA")

Provides equal opportunity in employment to qualified individuals with disabilities in accordance with the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 and all state employment statutes. All qualified individuals with disabilities are not discriminated against in regard to any employment practices, terms, conditions and/or privileges of employment. Employees who experience a disability can engage in the interactive process to determine if a reasonable accommodation can be facilitated to meet the functions of the job.

At Will Employment

Under the “at-will” policy, neither you nor the Company is committed to continuing the employment relationship for any specific term. Rather, the employment relationship will continue at will. Either side may terminate the relationship at any time, with or without cause and with or without notice. Also, the Company retains the right to demote, transfer, change job duties, and change compensation at any time with or without notice and with or without cause in its sole discretion.

Bereavement Leave

California employees can take up to five days of unpaid bereavement leave upon the death of a family member in any 12-month period. Eligibility includes being employed for 30 or more days prior to when the leave begins. The law defines “family member” as a “spouse or a child, parent, sibling, grandparent, grandchild, domestic partner, or parent-in-law.” paid sick leave. Bereavement leave must be taken within 3 months of the day of death but does not need to be taken consecutively.

California Confidentiality of Medical Information Act

Each employer who receives medical information shall establish appropriate procedures to ensure the confidentiality and protection from unauthorized use and disclosure of that information. These procedures may include, but are not limited to, instruction regarding confidentiality of employees and agents handling files containing medical information, and security systems restricting access to files containing medical information.

California Family Rights Act

An employer with 5 or more employees will provide CFRA leave. The California Family Rights Act Leave (CFRA) allows eligible employees up to 12 weeks of leave in a 12-month period for the birth of a child, the adoption of a child or the placement of a child in foster care. It also allows leave to care for a seriously ill family member or for the employee's own health condition, other than pregnancy-related disability. An employee is eligible if he/she has worked at the Company for at least 1250 hours over the 12 months preceding the leave request date.

Disability Insurance Coverage

Employers are required by law to withhold and remit SDI contributions and to inform their employees of SDI benefits. State and federal regulations require employers to display various posters and notices to inform their employees of certain laws and regulations pertaining to employment and working conditions.

Drug Free Workplace

The Drug-Free Workplace Act of 1988 requires some Federal contractors and all Federal grantees to agree that they will provide drug-free workplaces as a precondition of receiving a contract or grant from a Federal agency.

Equal Pay Act

The equal pay act prohibits sex-based wage discrimination between men and women in the same establishment who perform jobs that require substantially equal skill, effort and responsibility under similar working conditions.

Exempt Employees

Exempt employees are those whose positions meet specific tests established by the Fair Labor Standards Act (FLSA and applicable state law and who are exempt from overtime pay requirements. The basic premise of exempt status is that the exempt employee is to work the hours required to meet their work responsibilities.

Fair Credit Reporting Act

The FCRA requires employers to notify applicants and employees before ordering a background check or taking an adverse employment action based on the results of a background check. It also requires that prior to ordering a background check an employer must obtain the application and employee's consent.

Hazardous Communications Act

Employers that use hazardous chemicals must have a program to ensure the information is provided to exposed employees.

Injury/Illness Prevention Act

Effective July 1, 1991, every employer shall establish, implement and maintain an Injury and Illness Prevention Program. The Program shall be in writing and identify the person or persons with authority and responsibility for implementing the program, include a system for ensuring that employees comply with safe and healthy work practices and include a system for communicating with employees in a form readily understandable by all affected employees on matters relating to occupational safety and health, including provisions designed to encourage employees to inform the employer of hazards at the worksite without fear of reprisal.

Jury Duty Leave

An employer may not discharge or in any manner discriminate against an employee for taking time off to serve as required by law on an inquest jury or trial jury, if the employee, prior to taking the time off, gives reasonable notice to the employer that he or she is required to serve.

Meal Periods

Provides at least a 30-minute meal period to employees who work more than five hours. California regulations require the employee to take their meal period before the fifth hour of work. Employees should be relieved of all of their duties during meal periods and are allowed to leave the facility.

Military Duty Leave

Employers are required to provide time-off to employees who are serving in the military. Employers of all sizes are included in this mandate, and the rules governing your employees' rights are set forth in both federal and state law.

National Labor Relations Act

Congress enacted the National Labor Relations Act ("NLRA") in 1935 to protect the rights of employees and employers, to encourage collective bargaining, and to curtail certain private sector labor and management practices, which can harm the general welfare of workers, businesses and the U.S. economy.

Paid Sick Leave (PSL)

California's paid sick leave (PSL) law allows employees to take time off from work to address their own health or a family member's illness without losing pay. PSL is provided to any employee who has worked in California for the same employer for 30 or more days within a 12-month period. The Company provides employees with PSL time based on local or State regulations.

Pregnancy Disability Leave (PDL)

Californias’ Pregnancy Disability Leave (PDL) provides pregnant employees leave benefits. A pregnancy disability leave will be determined by the advice of the employee's physician, but employees disabled by pregnancy may take up to four months of leave per pregnancy. Part-time employees are entitled to leave on a pro rata or proportional basis. The four months of leave includes any period of time for actual disability caused by the employee's pregnancy, childbirth, or related medical condition. This includes leave for severe morning sickness and for prenatal care, doctor-ordered bed rest, as well as other reasons.

Sexual Harassment

Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964, including state and local regulations.

Time Off to Vote

If an employee does not have sufficient time outside of working hours to vote, the employer must provide enough time off that, when added to time available outside of working hours, the employee will be able to vote. Up to two hours off must be paid. Employers must post, in a conspicuous place, a notice setting forth these provisions no less than 10 days before the election.

Wage & Hour Provisions

Wage and hour laws set the basic standards for pay and time worked covering issues like minimum wage, tips, overtime, meal and rest breaks, what counts as time worked, when you must be paid, things your employer must pay for, etc. The minimum wage in California is $9 per hour.

Workers’ Compensation Insurance Coverage

California employers are required by law to have workers' compensation insurance, even if they have only one employee.

Let HR Alternatives provide your company greater peace of mind. To learn more about our Advisory Services contact us at 949-390-6440.

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Ignorance of the law is not a defense.