This Friday’s Five sets out five resources that are free for California employers that are published by the state of California. Employers need to understand that while these publications are made available by the state of California, the agencies publishing the resources are only expressing their opinion about the current status of the law, but this is not necessarily binding on employers or the current state of the law. While it is important to always seek legal counsel, these resources can help employers understand some of the issues that they may face, and they provide a good starting point into researching obligations. Here are five free resources available for employers published by the state of California:
The DIR’s website provides a good overview of meal break obligations, including:
- When the breaks must be provided
- On-duty meal breaks and written agreement required for these
- When meal breaks must be paid
- Penalties for failure to provide meal breaks
The DIR’s website also provides an explanation of the common issues regarding rest breaks, including:
- timing of rest breaks
- How much time must be provided for rest breaks
- The need for employers to provide suitable resting facilities available for employees during working hours in an area separate from the bathrooms
The DFEH’s website sets forth parameters of what constitutes sexual harassment under California law. The website also explains the training requirements for California employers, which employees need to attend sexual harassment training, and how the training must be conducted to comply with California law.
The DLSE’s Enforcement Policies and Interpretations Manual is very detailed and can be a bit daunting for employers. However, the manual addresses many potential issues regarding compensation under California law and the DLSE’s opinion on these issues. It is a great starting point to begin research into more difficult wage and hour issues facing employers.
This web page sets out the factors under California law that can be considered when determining if a worker has been properly classified as an independent contractor. This resource is a great review for any employers who have independent contractors and audit the classification to ensure that the workers’ classification can withstand scrutiny. Misclassification of workers as independent contractors when they should have been treated as an employee can open employers up to many forms of penalties, including back payroll taxes and tax penalties, unpaid minimum wages, unpaid overtime, missed meal and rest breaks, and unpaid final wages, among other damages.