(Online Employment Compliance for California Small Businesses)
California labor laws gave him a reputation as an “unscrupulous” state that makes life difficult for employers. In my consulting practice, we checked many small businesses in California and found that most of them do not seriously meet many state and employment standards.
A business owner may face serious fines or disruptions if a government agency finds its company in violation of the California Labor Code, which is extensive. Dissatisfied former employees may find trolling lawyers who will pay them a fee for insider information, which leads to a lawsuit against you, even for minor violations. The plaintiff's attorneys succeeded because of the confusion in the rules and regulations of this state and aimed at numerous small and medium-sized enterprises with employment-related litigation.
If you are a small employer in California, it is in your best interest to take the necessary steps to ensure that you comply with state labor laws. The links in this article can help a small employer to take the steps he needs, using the free or low-cost resources available on the Internet, to avoid problems with compliance with labor laws. The guidelines listed here are intended for use by employers with fewer than 50 employees. For firms with more than 50 employees, this advice is still valid, but there are other basic legal requirements that a larger employer must take into account in full compliance with labor codes, such as state and federal leave laws and sex education. harassment for your managers. For small businesses, there are five main areas that you need to focus on.
# 1 Update your posters on labor law!
The California State Department of Labor and the federal government require employers to post information about hours, hours, and working conditions in an area where employees are often, where it can be easily read during work hours. The number of posters depends on the size and nature of your business, but can be up to 10 or more. You can get the necessary California and federal posters through these websites: [http://www.dir.ca.gov/WP.asp] .and [http://www.dol.gov/osbp/sbrefa/poster/matrix .htm]If display space is a problem, you may want to purchase an approved “combined” poster that condenses and combines all the necessary posters. You can find them online at [http://allinoneposters.com] or http://www.ihrsource.com or similar websites.
Employers should study and make sure they understand the rules of these posters to determine which rules apply to their business so that they can answer questions from employees.
# 2 Comply with all safety and health regulations. In California, every employer has legal requirements to ensure and maintain a safe and healthy workplace for their employees in accordance with California safety and health standards. Since 1991, every employer must have a written, effective program to prevent injury and illness (IIPP). This should not be a complex document, but should cover certain elements. You can get a state plan to develop a plan for your workplace in [http://www.dir.ca.gov/dosh/dosh_publications/iipp.html]In addition to developing a plan, you must train your workers in preventing hazards at the workplace (and document this training). Your IIPP should be updated each time you change your actions, including the risks associated with it. In addition, all employers with more than 10 employees must also keep a log of accidents and injuries (OSHA 300). You can download this form and instructions at http://www.dir.ca.gov/dosh/dosh_publications/RecKeepOverview.pdf.
# 3 Pay close attention to how you pay your employees. In California, most state employment rules are the trump card of federal regulations, since government standards are usually more stringent. Many small business owners are mistaken in that they pay all or many of their employees a direct salary in order to keep payroll simple. This is especially true for businesses with an office environment. This can be a very dangerous approach, as you are likely to violate overtime rules, which have very tough fines. Study the orders of the Central Asian Payroll Commission (IWC) for your industry on [http://www.dir.ca.gov/IWC/WageOrderIndustries.htm] Know the legal requirements for overtime wages, breaks and lunch periods for your employees.
A critical area that many small businesses do not recognize is the proper classification of employees, as they apply to compulsory overtime pay - they are exempt from overtime or not exempt. This may be a technical area in which you may need some professional advice, but the general rule is that each employee had to pay hourly and paid overtime in accordance with IWC orders, if not properly tested to do the case for an exception, which usually only applies to top managers or certain professional employees. Some recommendations are available at http://www.management-advantage.com/products/overtime-exempt.html.
# 4 Respect your employees. Privacy and security of personal files. Today, the law protects the confidentiality of employees with some rather severe penalties against employers who violate the physical integrity or identity of a person. Separate basic personnel information in two files — a person file (with tax wage forms, basic job data such as training documents, performance reviews, and clinical or consonant notifications) and a separate confidential file with medical, credit, benefits, and personal family or dependent information. Observers or other interested management should be limited in access to the staff file. Only the person designated as the custodian of people’s records should be trusted to access the confidential file. Make sure these files are always protected. Protect your employees. personal information.
For a more detailed discussion of the employer's employee privacy duties, download this article at [http://www.hunton.com/files/tbl_s47Details%5CFileUpload265%5C1513%5CSotto_workplaceprivacy.pdf]
# 5 Do not forget to check your employees correctly. status of work. Immigration authorities are under increasing pressure to enforce the laws, and experts agree that enforcement will continue to be enforced in the coming years, as the debate is about illegal immigration. Raids were widely publicized throughout the country. Employment Form I-9 must be completed by every employer with each employee, even US citizens. These documents must be properly filled out and updated if certain documents are presented in the legal status of an employee to work in the United States. Attached are two good primers and forms for employer responsibilities in this area, which can be found at http://www.ahmcp.com/articles/employer_records.html or [http://www.twmlaw.com/resources/formI9. html],
As an additional measure, you should also use a free government service to verify that the social security numbers provided by applicants are valid, which will reduce the likelihood that you are hiring an illegal alien. Instructions for checking online are available at http://www.socialsecurity.gov/employer/ssnv.htm. This may be a requirement in the near future, as the migration service destroys employers. At present, the government uses tax documents with inappropriate or invalid social security numbers to find an employer who consciously hires workers in the United States without a proper work permit.
Although this article does not include any labor code problem employers may encounter, it covers “hot” areas that will allow you to start working in accordance with the provisions of California and federal laws. This can be a reasonable investment for every business owner, in which more than five employees regularly conduct human resources and salary audits by a human resources specialist. This exercise can help you identify vulnerabilities and noncompliance with the rules so that you can solve these problems before they become a serious crisis and costly disruption to your business.
Copyright 2006 - Daniel Curtin, Curtin & Associates, (full republishing rights are granted, if they are reproduced as is, without editing points 1 through 5).
