POLICIES SPECIFIC TO TEXAS AND CALIFORNIA
Vicky Sertic
3 Posts
Texas and California law are new for me. We are revising our corporate handbook and I need to submit employment policies that are specific to Texas and California state law requirements. What are they?
Thank you!
Thank you!
Comments
Texas is a bit simplier, but again, I suggest you have a Texas attorney look over your policies. You can limit the scope of review for the attorney so that the attorney only looks at compliance with that state's law and does not charge you for a full blown review.
If you are interested in discussing more, feel free to contact me directly at [email]tgegen@godwingruber.com[/email]
Two other things to do to help establish and maintain a California personnel policy handbook:
1. Get your company to subscribe to California Labor Letter, now called California Employment Law Letter that is published by M. Lee Smith. Click on the Employment Law link on the Tools Menu to your left. I don't work for HR Hero or Smith; I've just subscribed to the Letter for the last 11 or 12 years or so and have found it helpful in keeping up to date and informed
2. Go to the California Chamber of Commerce a website and look at the "California Labor Law Digest", a yearly, two-volume publication that combines federal and state employment laws for a coordinated and comprehnsive policy approach to just about all aspects of HR in California (with suggestions from an employer's point of view on many issues). It will really help you get started in developing something for California HR ops. Get your comapny to buy it as well. It comes with all the legally mandated posters in California.
Some big differences between California and most other states...
More than 8 hours work in a day results in daily overtime under California law (except if alternate work schedule).
Separate law for pregnancy disaiblity leave. California Rights Act separate from FMLA in that regard.
California's "ADA-type law" in the Fair Employment and Housing Act requires just an impairment of major life activities, not significant impairment as federal ADA does. California law doesn't permit taking into account mitigating or remedial measures, such as medication, in making disability assessment.
Vacation time and PTO are accrued and vested and therefore cannot be lost. No "use it or lose it" permitted for vacation time and PTO.
For what state labor agency considers regarding overtime and other wage and pay issues, go to the California Department of Industrial Relations website.
[url]www.dir.ca.gov[/url].
Check out the Industrial Wage Commission Orders which are the regulatory provisions on pay and wages, exempt, etc. And check out the Division of Labor Standards Enforcement web page and its Interpretative Manual of various state laws and regulations on HR issues. Both are part of the DIR website.
>06:06 PM (CST)[/font]
>
>I do HR in California. You should seriously take up Ms Gegen's offer.
>
>Two other things to do to help establish and maintain a California
>personnel policy handbook:
>
>1. Get your company to subscribe to California Labor Letter, now
>called California Employment Law Letter that is published by M. Lee
>Smith. Click on the Employment Law link on the Tools Menu to your
>left. I don't work for HR Hero or Smith; I've just subscribed to the
>Letter for the last 11 or 12 years or so and have found it helpful in
>keeping up to date and informed
>
>2. Go to the California Chamber of Commerce a website and look at the
>"California Labor Law Digest", a yearly, two-volume publication that
>combines federal and state employment laws for a coordinated and
>comprehnsive policy approach to just about all aspects of HR in
>California (with suggestions from an employer's point of view on many
>issues). It will really help you get started in developing something
>for California HR ops. Get your comapny to buy it as well. It comes
>with all the legally mandated posters in California.
>
>Some big differences between California and most other states...
>
>More than 8 hours work in a day results in daily overtime under
>California law (except if alternate work schedule).
>
>Separate law for pregnancy disaiblity leave. California Rights Act
>separate from FMLA in that regard.
>
>California's "ADA-type law" in the Fair Employment and Housing Act
>requires just an impairment of major life activities, not significant
>impairment as federal ADA does. California law doesn't permit taking
>into account mitigating or remedial measures, such as medication, in
>making disability assessment.
>
>Vacation time and PTO are accrued and vested and therefore cannot be
>lost. No "use it or lose it" permitted for vacation time and PTO.
>
>For what state labor agency considers regarding overtime and other
>wage and pay issues, go to the California Department of Industrial
>Relations website.
>[url]www.dir.ca.gov[/url].
>
>Check out the Industrial Wage Commission Orders which are the
>regulatory provisions on pay and wages, exempt, etc. And check out
>the Division of Labor Standards Enforcement web page and its
>Interpretative Manual of various state laws and regulations on HR
>issues. Both are part of the DIR website.
CA's Worker's Comp also has some different requirements and turns for which you might want to get some training.
Besides the issues that have been mentioned above, I have learned the following:
Vacation-You can't "use it or loose it", must allow employees to carry over any unused vacation. However, you are able to set a maximum amount of time that you can carry over.
If you have any type of vacation accrual policy (earn x number of days per month that is worked for either that year or the next year's vacation), you are required to also pay this at termination. (Our vacation is considered a "gift as of 1/1 of each year and not accrued during the prior year so we don't).
You basically have to pay a terminated employee at the time of termination (which can often be difficult.) If an employee resigns, you have a couple of more days, but better just do it on their last day.
Employees who are terminated can receive severance and unemployment at the same time (no wonder the state's money source is almost bankrupt.) However, if you hae a stated and posted "pay in lieu of notice" policy, they aren't able to collect both at the same time.
CA does have a fairly good "employment pool" through their unemployment agency. In fact, there are programs where you can receive payments for training time, etc. Talk with them about this if and when you are searching for employees.
CA's overtime is even more complicated that mentioned above. Study it carefully.
Good Luck.