What Employment Policies Are Required by Law in California?

In California, all employees are protected under labor laws. Once hired, employees gain specific rights that employers must honor. That is why employers must understand these rights to ensure compliance and foster a fair work environment. 

The guide below outlines key policies and rights employers must implement and follow in the state. Understanding these areas will help employers comply with the law and create a positive workplace.

Anti-Retaliation and Discrimination

According to the Fair Employment and Housing Act (FEHA), employers must implement policies that prohibit discrimination based on race, religion, sex, sexual orientation, age, disability, ancestry, and other factors. Additionally, companies must enforce a policy that prevents retaliation against employees who report instances of discrimination or harassment, regardless of whether the complaint is substantiated. This and other policies are often included in an employee handbook, which is given to new employees at the time of hire.

Meal and Rest Breaks

California employers are legally required to establish a meal and rest break policy that meets specific legal standards. This policy mandates that employees receive a 30-minute unpaid meal break after working five consecutive hours. In addition, for every four hours of work, employees are entitled to at least one paid 10-minute rest break to help them recharge. Depending on the length of the employee’s shift, more breaks may be necessary to ensure their well-being and compliance with labor regulations. Employers in certain industries, such as assisted living, should also be aware of the meal and rest break exceptions that apply to their facilities.

Paid Sick Leave

California employers are obligated to provide their employees with a specific amount of paid sick leave. According to California’s Department of Industrial Relations, starting January 1, 2024, all employers are required by law to provide at least 40 hours, or five days, of paid sick leave annually for each employee. This means that employees will have the right to take time off when they are ill or need to attend medical appointments without losing their pay. However, the way employers provide and manage this paid sick leave can vary based on the specific plan they decide to implement. This may include offering a certain number of hours at the beginning of the year, allowing employees to accrue sick leave over time, or implementing a combination of both strategies. Nonetheless, employers must develop a compliant policy that not only meets legal requirements but also supports the health and well-being of their employees.

Workplace Safety

California law mandates employers create and maintain a safe and healthy workplace for all employees. This requirement is enforced by the California Occupational Safety and Health Act (Cal/OSHA), which establishes regulations and standards aimed at ensuring workplace safety and health. Under this law, employees have specific rights designed to protect their well-being at work. These rights include the ability to report unsafe working conditions without fear of retaliation, access to information about potential hazards in their workplace, and the right to participate in safety inspections and investigations. Employers, in turn, have important responsibilities. They must identify and mitigate potential hazards, provide necessary safety training, and ensure all safety equipment is readily available and properly maintained. Employers must also keep accurate records of workplace injuries and illnesses and promptly report serious incidents to Cal/OSHA. 

At-Will Employment

California operates under an at-will employment framework. This means that both employers and employees have the right to terminate their employment relationship at any time, for nearly any reason, and without facing penalties or repercussions. This principle allows either party to end employment without needing to provide advance notice or justification. However, it should be noted that this standard applies unless an existing contract or written agreement outlines specific terms regarding employment duration or grounds for termination. 

Contact Gould, Hahn, & Reinhardt To Learn More About Employment Policies in California

Employers in California face a complex and confusing set of laws and regulations. If you are looking for further information about what employment policies are required in California, contact Gould, Hahn, & Reinhardt today.