Skip to content
All posts

What legal steps do I need to take in California to ensure compliance with employment laws?

To ensure compliance with employment laws in California, there are several legal steps that need to be taken:

  1. Familiarize yourself with relevant employment laws:

    It is important to be familiar with California state employment laws such as the Fair Employment and Housing Act (FEHA), the Family and Medical Leave Act (FMLA), the California Family Rights Act (CFRA), the California Labor Code, and the California Wage Orders. A comprehensive understanding of these laws will help you avoid any violations and ensure compliance.

  2. Draft employment policies:

    Employers are required to have written policies and procedures in place that address sexual harassment avoidance and discrimination prevention. The employee handbook should also contain policies related to vacation and paid time off, employee benefits, leave, and general workplace rules. In addition, policies related to wage and hour issues and meal and rest periods, must be put in place.

  3. Use appropriate employment contracts and agreements:

    Ensure that all employment-related agreements and contracts (including independent contractor agreements) are compliant with California employment laws. For example, all contracts relating to employment in California must include an acknowledgment that the employee understands their rights under the state’s sexual harassment laws.

  4. Comply with wage and hour laws:

    California has some of the most stringent wage and hour laws in the country. Ensure that your business is in compliance with minimum wage requirements, overtime pay, meal and rest breaks.

  5. Proper record keeping:

    Make sure your business complies with necessary record-keeping standards. This includes keeping records of employee time worked, wage and salary records in addition to records for employee files for up to four years.

  6. Train managers:

    It's the responsibility of management to understand California state employment laws and in turn be able to effectively enforce them in the workplace. For instance, Managers must be trained to recognize and prevent sexual harassment, as well as to ensure compliance with laws that regulate meal and rest periods.

  7. Obtain Legal Counsel:

    Conducting ongoing legal reviews, as well as obtaining legal counsel can help your business remain in compliance with California employment laws. They can provide guidance on the most current laws and offer recommendations on employee handbook and policies.

It is also advisable to frequently check for updated laws and regulations to ensure continued compliance as employment laws are subject to change. In addition, if there are any discrepancies or complaints, address them immediately to prevent an escalation in problems.