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California Labor and Employment Laws
California labor and employment laws are known for being some of the strictest and toughest in the United States. In fact, historically, California laws have led the way for many federal laws. Due to this, employers who conduct business in California with employees must recognize the differences that regulate how the employment relationship is governed. As a general guideline, the law (federal or state) which provides greater protection to the individual employee will take precedent. Other times, state law dramatically broadens the base of employees that qualify for protection. There is a significant difference in attitude between the federal approach and the state approach regarding the extent to which an employer is responsible to comply with the law. The federal government, through various Supreme Court cases (Faragher v City of Boca Raton, for example), strongly ENCOURAGE employers to train and educate their employees regarding the laws of harassment and discrimination. Punitive damages may be reduced or eliminated in circumstances where businesses were able to provide “proactive” evidence of intent to comply and provide a safe and harassment free environment. However, this training is not mandatory. In contrast, California (along with Maine and Connecticut), REQUIRES private sector employers to provide unlawful harassment training to all managers of businesses with 50 or more employees. California takes the law a step further by requiring this training to be provided again every two years with very specific rules regarding documentation and tracking.
To assist California employers with navigating the complex and always-changing labor and employment laws and practices, we have created a library of laws, practices, and other information that we believe is important when operating in California. The information is intended to be be the most recent and relevant information, laws, case law, opinions, etc. but employers are always encouraged to seek out human resources experts or employment lawyers when they are unsure of how to interpret or apply the laws and practices. Thus, the information contained herein is not legal advice and should be treated as a guide to expanding your knowledge of California HR, Employment and Labor laws and practices.
To assist California employers with navigating the complex and always-changing labor and employment laws and practices, we have created a library of laws, practices, and other information that we believe is important when operating in California. The information is intended to be be the most recent and relevant information, laws, case law, opinions, etc. but employers are always encouraged to seek out human resources experts or employment lawyers when they are unsure of how to interpret or apply the laws and practices. Thus, the information contained herein is not legal advice and should be treated as a guide to expanding your knowledge of California HR, Employment and Labor laws and practices.
California Human Resources, Employment and Labor Law Topic Headings