What are the legal requirements for hiring new employees in California?
As a lawyer, I can advise that there are several legal requirements for hiring new employees in California. The following are some of the key requirements:
- Non-Discrimination: Employers must not discriminate against job applicants on the basis of race, color, religion, sex, gender, sexual orientation, national origin, age or disability. Employers must also provide reasonable accommodations for job applicants with disabilities.
- Verification of Employment Eligibility: California law requires that employers verify employment eligibility of new employees by using the Form I-9, Employment Eligibility Verification, provided by the U.S. Department of Homeland Security. Employers must also retain the completed form for a certain period of time.
- Minimum Wage: Employers must pay new employees at least the state minimum wage, which currently stands at $13 an hour for employers with 26 or more employees, and $12 an hour for employers with 25 or fewer employees.
- Overtime Pay: If a new employee works more than eight hours in a day, or more than 40 hours in a week, the employer must pay the employee overtime pay. Overtime pay is calculated as one and a half times the employee's regular rate of pay.
- Meal and Rest Breaks: Employers must provide new employees with meal and rest breaks as required by state law. For example, employees who work more than five hours must be provided with a 30-minute meal break.
- Workers' Compensation Insurance: Employers must have workers' compensation insurance to cover workplace injuries or illnesses of their employees. This requirement applies to nearly all employers in California.
- Anti-Sexual Harassment Training: Employers with five or more employees must provide at least two hours of sexual harassment training to supervisors and one hour of training to non-supervisory employees within six months of the start of employment.
It is important to note that there may be additional legal requirements based on the industry, size of the company, and other factors. Employers should consult with a licensed attorney to ensure compliance with all state and federal employment laws.
Overall, hiring new employees in California requires strict adherence to state and federal employment laws. Employers must ensure that they are in compliance with all applicable laws in order to avoid potential legal liability.