The Golden State. Home to movie stars, Silicon Valley, the farmers that grow up to 80% of our nations produce. Gold Rush, Earthquakes, majestic and towering redwoods! All of these characteristics are distinctly Californian but for the purposes of this blog perhaps the most important and lovable quality of California is that it is considered the sate with the most prescriptive variances from federal law. An employment and labor law blogger’s dream! Not so much a dream for you employers out there who have to keep abreast of all the minutiae that make up this state’s employment law landscape but that’s what labor law bloggers like me are for, to demystify the mystifying. This is Part I in a grand effort to summarize California’s incredibly complicated and dense labor and employment laws and regulations.
As always, employers must comply with federal as well as state laws. Because there are so many local ordinances that govern all manner of employment law around the state, California employers must be particularly conscious of which municipal or local jurisdiction they’re in to make sure they are compliant with those local laws as well. Such variances can apply to minimum wage, family leave, posting requirements, etc.
Diversity
The California Fair Employment and Housing Act (FEHA) prohibits employers with five or more employees from discriminating against employees and prospective employees of protected classes. Protected classes in various California jurisdictions can include:
- Race
- Religion
- Pregnancy
- Marital Status
- Sexual Orientation
- Gender identity and expression
- Military and veteran status
- National origin and dancestry
- Medical conditions
- Physical or mental disabilities
- and others.
FEHA not only protects against the discrimination or harassment itself but also prohibits retaliation against a person or employee who opposes, assists, or reports the opposition of such harassment.
Depending on where you are accommodations for various classes could be required. Take pregnancy for example. Employers must make reasonable accommodations to employees that are pregnant or otherwise engaged or dealing with childbirth or related medical conditions. Reasonable accommodations could include anything from scheduling accommodations to allowing modified activities to providing spaces for breastfeeding or pumping in the workplace.
It goes without saying that wage discrimination on the basis of any protected class is prohibited. If you are an employer whose wages are different for different employees, it is STRONGLY suggested that you are able to show that the pay differential is based on bona fide factors other than sex or other protected classes. Some valid reasons for wage differences could be seniority, merit, educational status, quality or quantity of work. Keep records!
Stay tuned for Part II.