Presentation Transcript

1. Employee Rights

   By the department of human resources
2. Why Should We Care? These rights will effect each employee If you don’t listen, you will not know your rights If you know your rights, you will know your benefits
3. Drug Test Applicants can be denied employment due to their present usage of drugs or addictive alcohol habits. Federal law prohibits from discriminating against applicants who have been successfully rehabilitated from their past abuse who currently participate in a rehabilitation program who are rumored to have abused alcohol or drugs
4. Random Drug Testing Co-workers can report suspicions of someone under the influence to a supervisor Illegal Without Notice Without Reason Legal If in employee handbook Set date for testing Refusal can lead to termination Suspicious behavior
5. Employee Searches Employers are allowed to search your belongings in the work place to ensure that no one is taking away from the company. Employers cannot: Search on private property (where you live) Single out a specific employee without reason Search without notifying the employee at time of hiring
6. Background Check What employers may not access Medical records School records Employers may access: Driving records Credit check, bankruptcy Criminal records Drug history Facebook Interviewing neighbors
7. Breaks Every employer is required to give a break every 4 hours It is paid At least 10 minutes
8. Meal Breaks Minimum of 30 minute meals Meal times are not paid If employee has to work during their meal time, they are required to be paid for that time You will be compensated with another full 30 minutes No employer shall employ any person for a work period of more than five (5) hours without a meal period
9. Unemployment Insurance Eligibility If an employee quits because of: Harassment. Discrimination. Substantial reduction in hours or pay. Threats of termination or choice of resignation. Unsafe or hazardous working conditions.
10. Unemployment Insurance Continued You can get up to $450 a week for 26 weeks maximum If an employee is laid off by an employer worker will receive unemployment benefits as long as he or she has enough employment tenure to be eligible under the state's program. Fired employees can claim unemployment benefits if: they were terminated for reasons other than their own misconduct For example, if company had to reduce workforce size
11. Injuries If an employee has been injured at work because of a hazardous condition at the workplace the hazard should be removed as soon as possible Injured employee at the workplace has the right to file for workers’ compensation benefits Can go online to download forms
12. Leave Types of Leave Vacations Sick Time Pay for Leave Paid vacations are not required under California law. If an employer has an oral or written vacation policy vacation benefits are considered wages and are earned by the employee on a pro rata basis for each day of work Employers are required to pay for accumulated vacation days that are unused after the termination of an employee. Not required to pay for unused sick time.
13. Personal Files A personnel file is a historical log/record of information pertaining to a staff employee from the date of hire, identified by person's name or by a number or symbol corresponding to that name.
14. Personnel Files Continued The personnel file contains job-related materials: including information on the employee’s employment relationship such as his/her job application, offer letter, and acceptance letter; the job description and performance expectations; development records, such as training, education, and degrees; performance records, such as appraisals, counseling memos, disciplinary letters, special awards, or commendation letters; time and attendance records; emergency data; and personnel action forms.
15. Pay and Hours Minimum Wage The Minimum wage in California for 2011 is $8.00 per hour Overtime All California employees working over 40 hours in a work week are entitled an overtime wage of at least 1.5 times their regular hourly pay rate therefore, the overtime minimum wage in CA is $12.00 per hour. In addition, California law requires all employees working over 8 hours in a single day to be paid overtime.
16. Work Permit Rules For Minors All minors ages 12-17 must have a permit to obtain a job. Must be a full-time student to obtain a work permit Students in approved work experience education programs may work up to 8 hours per day. Minors to age 18 are required to obtain work permit and attend 4 hours of school per week if they have not graduated. Cannot work in an job area that uses anything with potential dangers (i.e. explosives, power tools)
17. Work Permit Rules For Minors Student ages and hours per day and per week: Age 14-15; nonschool days, 8 hours per day/40 per week; school days, 3 hours per day/ 18 per week Age 16-17; nonsch00l days, 8 hours per day/48 per week; school days, 4 hours per day/36 per week
18. At Will Employment At-will employment is a term applied to any employee who doesn't have a clearly defined contractual employment agreement. employer can dismiss an employee at any time without cause. Important to know if you are an at-will employee or if you hire an at-will employee
19. Termination Termination The employee may be fired, laid off (often permanently), or asked to resign with little or no prior notice. All employees should be aware of various options available to them. Most of the private sector companies follow the employment at will doctrine. Only if the termination is unjust, does the employee have the right to appeal against such discharge.
20. Termination Continued California Laws regarding final pay Fired = at once Quit = within 72 hours Will include your accumulated vacation pay
21. Before being fired… Your employer should follow these steps Written Warning Suspension
22. The End Thank you for watching the Employee Rights Seminar. We hope you found this information valuable and good luck on your test!