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In California, the Industrial Welfare Commission Wage Orders require that employers must authorize and permit nonexempt employees to take a rest period that must, insofar as practicable, be taken in the middle of each work period. The rest period is based on the total hours worked daily and must be at the minimum rate of a net ten consecutive minutes for each four hour work period, or major fraction thereof. The Division of Labor Standards Enforcement (DLSE) considers anything more than two hours to be a "major fraction" of four." A rest period is not required for employees whose total daily work time is less than three and one-half hours. The rest period is counted as time worked and theref...

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Overtime Wages

By Thomas Lee

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In California, the general overtime provisions are that a nonexempt employee 18 years of age or older, or any minor employee 16 or 17 years of age who is not required by law to attend school and is not otherwise prohibited by law from engaging in the subject work, shall not be employed more than eight hours in any workday or more than 40 hours in any workweek unless he or she receives one and one-half times his or her regular rate of pay for all hours worked over eight hours in any workday and over 40 hours in the workweek (or double time as specified below). Eight hours of labor constitutes a day's work, and employment beyond eight hours in any workday or more than six days in any workweek ...

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It is the public policy of the State of California to encourage employees to notify an appropriate government or law enforcement agency, person with authority over the employee, or another employee with authority to investigate, discover, or correct the violation or noncompliance, and to provide information to and testify before a public body conducting an investigation, hearing or inquiry, when they have reason to believe their employer is violating a state or federal statute, or violating or not complying with a local, state or federal rule or regulation.


Who is protected?


Pursuant to California Labor Code Section 1102.5, employees are the protected class of individuals. “Employee&rdqu...

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In California, members of the military and veterans are protected from discrimination and harassment in employment, housing, and business establishments.


It is unlawful for employers, landlords, businesses of all kinds, health care providers and insurers, homeless shelters, and others to discriminate against anyone or harass them because of their military or veteran status.


Under California law, military and veteran status includes being a member or veteran of the U.S. Armed Forces, U.S. Armed Forces Reserve, U.S. National Guard, or California National Guard, or being perceived as one. The law also forbids discrimination against someone because they associate with a member of the military or a...

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The Fair Employment and Housing Act (FEHA), enforced by the California Department of Fair Employment and Housing (DFEH), contains provisions guaranteeing leave for employees disabled by pregnancy, childbirth, or a related medical condition (Pregnancy Disability Leave or PDL).


All employers must provide information about PDL to their employees and post information about pregnancy leave rights in a conspicuous place where employees tend to gather. A poster that meets this requirement is available on DFEH’s “Posters, Brochures and Fact Sheets” webpage (www.dfeh.ca.gov/Posters/). Employers who provide employee handbooks must include information about PDL in the handbook.


LEAVE RE...

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WHAT DOES “TRANSGENDER”MEAN?


Transgender is a term used to describe people whose gender identity differs from the sex they were assigned at birth. Gender expression is defined by the law to mean a “person’s gender-related appearance and behavior whether or not stereotypically associated with the person’s assigned sex at birth.” Gender identity and gender expression are protected characteristics under the Fair Employment and Housing Act. That means that employers may not discriminate against someone because they identify as transgender or gender non-conforming. This includes the perception that someone is transgender or gender non-conforming.


WHAT IS A GENDER...

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The California Department of Fair Employment and Housing (DFEH) enforces laws that protect you from illegal discrimination and harassment in employment based on your actual or perceived:


•ANCESTRY


•AGE (40 and above)


•COLOR


•DISABILITY (physical, mental, HIV and AIDS)


•GENETIC INFORMATION


•GENDER IDENTITY, GENDER EXPRESSION


•MARITAL STATUS


•MEDICAL CONDITION (genetic characteristics, cancer or a record or history of cancer)


•MILITARY OR VETERAN STATUS


• NATIONAL ORIGIN (includes language use and possession of a driver’s license issued to persons unable to prove their presence in the United States is authorized under federal law)


•RACE (inclu...

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Employers in California are required to compensate their workers for any expenses incurred while performing their duties. These costs include the cost of supplying a personal automobile or a cell phone for business use. Employers are increasingly demanding employees to work from home, which nearly always necessitates the employee having access to the internet.


If your employer requires you to work from home and the job necessitates the use of home internet service, including sending or receiving email, your employer must pay you for the cost of providing such service.


The reimbursement of employee costs is governed by California's Labor Code section 2802. This is an important statute, which re...

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U.S. Citizenship and Immigration Services (USCIS) announced a Temporary Final Rule (TFR) that increases the automatic extension period for employment authorization and Employment Authorization Documents (EADs), available to certain EAD renewal applicants, to up to 540 days. The increase, which will be effective immediately on May 4, 2022, will help avoid gaps in employment for noncitizens with pending EAD renewal applications and stabilize the continuity of operations for U.S. employers.


“As USCIS works to address pending EAD caseloads, the agency has determined that the current 180-day automatic extension for employment authorization is currently insufficient,” said USCIS Direct...

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On April 12, 2022, U.S. Citizenship and Immigration Services announced that individuals who previously received deferred action under Deferred Action for Childhood Arrivals (DACA) may now file Form I-821D, Consideration of Deferred Action for Childhood Arrivals, online.


“The expansion of online filing is a priority for USCIS as we make our operations more efficient and effective for the agency and our stakeholders, applicants, petitioners and requestors,” said USCIS Director Ur M. Jaddou. “The option to file DACA renewal requests online is part of USCIS’ ongoing move to minimize reliance on paper records and further transition to an electronic environment.”


At thi...

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