Santa Barbara Employment Law

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Employment Law

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The State of California has a stringent set of employment laws and regulations that are set up to favor the employee in most cases.  Here's a brief overview:

DEDUCTIONS: 

Deductions from an employee's wages are strictly confined to state or federal payroll taxes, agreed-on amounts towards insurance premiums and benefit plans, and contributions for health, welfare and/or a pension plan, as agreed to by collective bargaining.  Some examples of payroll deductions that are not legal on the employer's part:

  • Gratuities.  An employer cannot collect any part of a gratuity, tip or gift left for an employee.
  • Photographs.  If a job requires photographs of the employee, it's the employer's responsibility to pay for them.
  • Bond.  If a job requires an employee to be bonded, the employer must pay for the bond's cost.
  • Uniforms.  At a job that requires uniforms, the employer must pay for them entirely.
  • Business expenses.  Employees must be reimbursed in full for any expenses or losses connected to work.
  • Medical or physical examinations.

An employer also cannot deduct for things like taking a bad check, having a customer walk out without paying, or accidentally dropping a plate.  An employer cannot deduct from paychecks if a cash drawer comes up short, although the employee can be disciplined or fired for it (or the employer can press charges).  California employment law gives employees a slate of recourses if an employer makes illegal deductions.

Santa Barbara HOLIDAYS

An employer is under no obligation to extend paid holidays to employees, or to pay time-and-a-half or double if employees are scheduled to work on holidays.

Santa Barbara MEAL PERIODS

If an employee works more than a five-hour day, he is entitled to a meal period of at least thirty minutes.  If it's a ten-hour day, the employee gets two thirty-minute meal periods. The exception would be if the employee and employer mutually agree to skip the meal period and the employee simply clocks out and goes home after six (or twelve) hours.

Santa Barbara REST PERIODS

Employees are entitled to a ten-minute "coffee break" rest period for every four hours worked.  The coffee break should be scheduled as close to the middle of the four-hour period as possible.

 

Santa Barbara OVERTIME

"Overtime" is considered to be anything over 40 hours or anything over an 8-hour day.  In either case, the employer is required to pay time-and-a-half, whether the overtime hours are authorized or not.  The employer is obligated to pay double-time on anything over a 12-hour shift. Some salaried employees are exempt from overtime rules.

Santa Barbara MINIMUM WAGE

Minimum wage in California is currently set at $8.00/hour.  Unlike many states, restaurant employees are entitled to minimum wage (along with their tips) in California.

Santa Barbara PERSONNEL FILES AND RECORDS

An employer has to make his employees' personnel files available for inspection.  The employee can make copies of them for his own records.  "Personnel files" would be considered as payroll records, safety records, disciplinary or commendation write-ups, performance reviews, etc.  The only exceptions would be anything retained as part of a criminal investigation, letters from before the employee's time at the company or letters related to a promotional exam (as opposed to a performance review).

Santa Barbara RETALIATION AND DISCRIMINATION

Employers are strictly prohibited from any form of retaliation against an employee who has filed a claim with the Labor Board.  This can include termination, demotion, threats of termination, suspension or disciplinary action.  They are also prohibited from discriminating on the basis of race, religion, sex, color, sexual orientation, national origin, ancestry, physical handicap, medical condition, marital status, age (over 40), or request for family leave.

Santa Barbara PAY PERIODS AND FINAL PAY

Pay periods (weekly, bi-weekly or semi-monthly) must be posted where everyone can see them, and employers cannot be more than a week behind in issuing checks.  Employees who are discharged have the right to be paid immediately, including accrued vacation time. Certain categories of employees (in certain industries) can be paid 24 to 72 hours after being laid off.

Santa Barbara REPORTING TIME PAY

"Reporting time pay" is considered partial compensation for times when an employee expects to work a full shift, but there's not enough work to go around or the employer has had scheduling issues.  If an employee shows up for an eight-hour shift but only works for an hour or two, he/she is entitled to four hours' worth of pay for that day.  Even if an employee is sent home for inadequate performance, he/she is still entitled to reporting time pay; there's no exception for performance problems.  Employers are not required to pay reporting time pay if there's an act of God, civil unrest, crime, bomb threats, utilities are cut off or interrupted or other outside factors intervene to make business as usual impossible for that day.


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  • I work for a large company that recently started terminating employees because of the economy. When I was hired I had to sign an agreement stating I wouldn't work for someone else in the same career line for two years. This is the only work I know. Can I do anything about it if I lose my job?
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