FAQ’s
- All
- Benefits
- Breaks
- CA Family Leave
- COBRA
- FMLA
- Health Insurance
- Leave
- OSHA
- Sexual Harassment
- Sick Time
- Time-off
- Training
- Voting
- Wage
- Workers Compensation
The Consolidated Omnibus Budget Reconciliation Act of 1985 is a law passed by the U.S. Congress on a reconciliation basis and signed by President Ronald Reagan that, among other things, mandates an insurance program which gives some employees the ability to continue health insurance coverage after leaving employment.
In California, the 2020 minimum wage rate is $12/hour for businesses with 25 employees or fewer and $13/hour for larger companies.
California law allows workers to take up to two hours off work to vote if they are unable to during non-working hours.
By January 1, 2021, employers with at least five employees must provide: (1) at least two hours of sexual harassment prevention training to all supervisory employees; and (2) at least one hour of sexual harassment prevention training to all non-supervisory employees in California within six months of their hire date.
California law requires that nonexempt employees not work more than five hours without an uninterrupted, duty-free meal period of at least 30 minutes. Certain exceptions may apply, including where the employee works no more than six hours and voluntarily gives up the right to take a break. Employees who work more than 10 hours in a day are entitled to take a second meal break.
Under California law, when an employer fails to provide a proper meal break to a nonexempt employee, the premium (penalty) owed is one hour of extra pay for each work day that this occurs.
Small business owners with fewer than 50 full-time employees are not required to offer health care coverage to their employees. However, you should know that if a small business with fewer than 50 full-time employees does offer coverage, then that coverage must comply with the requirements of the ACA.
The Occupational Safety and Health Act of 1970, Congress created the Occupational Safety and Health Administration (OSHA) to ensure safe and healthful working conditions for working men and women by setting and enforcing standards and by providing training, outreach, education and assistance. Under the OSH law, employers have a responsibility to provide a safe workplace. … Provide a workplace free from serious recognized hazards and comply with standards, rules and regulations issued under the OSH Act. Examine workplace conditions to make sure they conform to applicable OSHA standards.
Workers’ compensation is mandatory for all employers, even if the company only has one employee. California law requires a business owner to carry workers’ comp insurance for employees who regularly work in California, even if the business is headquartered in another state.
In general, California overtime provisions require that all nonexempt employees (including domestic workers) receive overtime pay at a rate of 1.5 times their regular rate of pay for all hours worked in excess of 8 per day and 40 per week. These overtime rules apply to all nonexempt employees. Most nonexempt employees are commonly paid on an hourly basis, but California overtime law includes nonexempt employees who are paid on a piece rate, daily rate or salary basis.
Employers are required to provide paid sick leave to workers in California under the Healthy Workplace Healthy Family Act of 2014 (HWHFA).
California’s paid-sick-leave law includes the following basic requirements:
- Covered employees include full-time, part-time, temporary or seasonal workers who work in California for 30 or more days in a 12-month period for the same employer.
- Covered employees must accrue at least one hour of sick leave for every 30 hours worked. Alternative accrual methods are acceptable if they comply with the law.
- An employer may limit the amount of paid sick leave an employee can use in one year to 24 hours or three days.
- An employer must allow accrued unused paid sick leave to be carried over to the next year, but a cap on carryover hours of no less than 48 hours or six days is permitted.
The California Family Rights Act (CFRA) authorizes eligible employees to take up a total of 12 weeks of paid or unpaid job-protected leave during a 12-month period. While on leave, employees keep the same employer-paid health benefits they had while working. Eligible employees can take the leave for one or more of the following reasons:
- The birth of a child or adoption or foster care placement of a child.
- To care for an immediate family member (spouse, child or parent) with a serious health condition.
- When the employee is unable to work because of a serious health condition (SHC).
California’s Paid Family Leave insurance program, which is also known as the Family Temporary Disability Insurance program, is a law enacted in 2002 that extends unemployment disability compensation to cover individuals who take time off work to care for a seriously ill family member or bond with a new minor child.
The Family and Medical Leave Act of 1993 is a United State Labor Law requiring covered employers to provide employees with job protected and unpaid leave for qualified medical and family reason.
