| Home | Free Articles for Your Site | Submit an Article | Advertise | Link to Us | Search | Contact Us |
This site is an archive of old articles


vertical line

Employment Laws Originate In California

For those who have spent any time working in the Human Resources profession, you know that California is famous for setting precedence when it comes to the enactment of employment law. We have learned that what starts in California, makes its way East. So we watch, listen and learn. As a business leader, it is also important to be aware of what occurs in the West, especially for those who may be considering establishing a business there.

There are five major differences between California and Arizona employment laws. Above and beyond, California tends to be considerably friendly in the employment law arena as compared to other states.

Daily overtime
In Arizona, we know that non-exempt employees are entitled to overtime pay at one and one half times the hourly rate when weekly hours exceed 40; a provision under the Fair Labor Standards Act. In California, non-exempt employees are entitled to overtime pay of one and one half hours after exceeding eight working hours in a day. Additionally, employees are entitled to overtime pay at two times the hourly rate when daily working hours exceed 12.

Vacation Pay
California law considers vacation pay to be earned wages and therefore, employer must pay out all earned vacation pay. Consequently, California law prohibits the Ďuse it or lose ití policy of vacation usage.

Non-Compete Agreements
In California, contracts and/or agreements that prohibit employment with a competitor after employee terminates is generally not enforceable. The contracts tend to interfere with an individualís ability to achieve gainful employment, which is restricted. Contracts can limit oneís disclosure of proprietary information.

Sexual orientation and gender identity discrimination
As described in Title VII of the Civil Rights Act of 1964, which identifies race or color, religion, sex and national origin as the classes which are considered to be protected against discrimination. Other Federal statutes protect certain individuals against discrimination based on disability, age, veteran status and so on. California has expanded upon the Federal law to include oneís sexual orientation and gender identity (oneís perception of own sex).

Termination Pay
When an employer terminates an employee, all unpaid wages must be paid out immediately, and when an employee terminates their employment, all unpaid wages must be paid out within 72 hours, unless a signed contract of employment stipulates otherwise.

What does this mean for Arizona? It simply may be that we need only be aware and be prepared for the future. Times change, the world changes and in doing so, we must all change accordingly. And although itís true that we donít definitively know when the changes will occur, or if they definitely will change for certain. We can only anticipate what may be.

Submitted by:

Lisa Cieslica

By Lisa Cieslica, Senior of http://www.nationalpeo.com/. National PEO is a Phoenix HR consulting firm providing PEO services to hundreds of AZ companies. Article reproductions must include a link pointing to http://www.nationalpeo.com/.




ARTICLE CATEGORIES

Auto and Trucks
Business and Finance
Computers and Internet
Education
Family
Finances
Food and Drink
Gadgets and Gizmos
Health
Hobbies
Home Improvement
Humor
Kids and Teens
Legal
Marketing
Men
Music and Movies
Online Business
Parenting
Pets and Animals
Politics and Government
Recreation and Sports
Relationships
Religion and Faith
Self Improvement
Site Promotion
Travel and Leisure
Web Development
Women
Writing



http://www.articlesurfing.org/legal/employment_laws_originate_in_california.html
Copyright © 1995-2016 Photius Coutsoukis (All Rights Reserved).