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[L8]Labor Law In California

by Wolfgang Jaegel, Wol

In Thailand, all of the rights and duties pertaining to employers and employees are usually governed by a series of laws and regulations. Among the different acts that govern labor issues in Thailand are Labor Protection Act BE 2541, the Labor Court and Labor Court Procedure BE 2522, Labor Relations Act BE 2518, Social Security Act BE 2533, Thai Civil and Commercial Code, Provident Fund Act BE 2530, and Workmen's Compensation Act BE 2537.

Usually, according to the employment law in Thailand, an agreement that has been established between the employer and employee should not be less than the minimum requirements or standards devised by the law.

The Labor Protection Act and other relevant acts dealing with the labor issues have set some specific rules and regulations for each and every aspect with regard to an employment such as working hour, remuneration, child labor, female labor, sick and maternity leave, dismissal as well as termination of employees, welfare and social security of employees, and hiring of employees services.

Working hours in an organization is usually on the basis of nature and type of work. In most cases, working hours should not go above eight hours per day or 48 hours each week. In case of such works that are harmful for the health of an employee, then working hours should not exceed seven hours a day or 42 days a week.

Under the Thai employment law, an employee's maximum probationary period is 120 days. Further, the Labor Law entails every employer in Thailand to provide its employees at least 13 public days each year and at least six vacation leaves on completion of a year's services.

Likewise, employees are eligible for annual sick leave of 30 working days each year. Apart from sick leave, pregnant employees are eligible for maternity leave of 90 days with 45 days' full wages. When comes to remuneration, an employer is required to pay all benefits, apart from normal salary, that form part of the employment. In addition, the basic remuneration paid by an employer must be in accordance with the minimum wage as prescribed by the Ministry of Labour and Social Welfare.

Al though, male and female employees are treated alike in a employment, a female employee is prohibited from working in certain organizations or work environments such as construction as well as mining work which are performed underwater, tunnel, or underground, and transportation and production working conditions in which it is necessary to deal with inflammable or explosive items.

Likewise, there are also certain exceptions for pregnant female employees. In other words, an employer should not ask a pregnant employee to work overtime as well as work on public holidays. Further, they are also not allowed to work in certain environments such as on plants, construction firms where it is necessary to carry loads on heads or shoulders, and ships and other water going vessels.

In the case of child labor, the minimum age in order to employ a child labor is 15 years of age. But, to employ a child below the age of 18 years, it is necessary for an employer to notify it to the labor inspector within 15 days as of the date that the child starts his work. An employer is required to give a child labor a rest period of one hour for every four hours he has worked.

Similarly, an employer should not ask a child employee below 18 years to work overtime or on holidays. Additionally, child labors below 18 years are not allowed to perform dangerous works such as rolling as well as stamping metal and works dealing with unsafe chemicals and poisonous microorganisms.

A child below the age of 18 years is also strictly prohibited from certain establishments such as gambling centers, slaughterhouses, dance clubs, and center where liquors and other related beverages are served. Above all, an employer is required to pay the remuneration or benefits of child employees only to child employees and not to any other persons other than the employees.

Now we will discuss laws and regulations pertaining to termination and dismissal. A notice in writing must be provided to an employee prior to his termination. However, according to the Labour Protection Act BE 2541 (1998), an employer can dismiss or terminate an employee without any notice or severance payment in any of these following circumstances such as

-Performing his or her duties and responsibilities dishonestly
-Committing any kind of criminal offense
-Negligence from the part of employee that leading to serious damage or loss to the employer
-Disobeying working rules and regulations devised by the employer
-On imprisonment as per the final judgment of imprisonment

Nowadays, a lot number of law firms are in Thailand to help you dealing with the Thai labor law. Usually, these law firms provide a continuum of services in connection with labor issues such as labor disputes, labor court representation, payroll issues, social security, labor law compliance issues, and more.

California's labor laws have given it a reputation as a ?non business friendly? state that makes life difficult for employers. In my consulting practice we have audited many California small businesses and found most of them to be seriously non-compliant with many state employment standards and regulations.

A business owner could face serious fines or disruption if a government agency finds his or her company in violation of California's labor code regulations, which are extensive. Disgruntled ex-employees can find ?trolling? lawyers who will pay them a fee for insider information that leads to their filing suit against you for even minor infractions. The plaintiff bar attorneys have prospered from this state's confusion of rules and regulations and have targeted numerous small and medium sized businesses with employment related litigation.

If you are a small California business employer, it is in your best interests to take the steps necessary to ensure you are compliant with the state's labor laws. The links in this article can assist the small employer in taking the steps he or she needs, using free or inexpensive resources available on the Internet, to avoid labor law compliance problems. The guidelines outlined here are intended for use by employers with under 50 employees. For those firms with over 50 employees, this advice is still valid but there are other major legal requirements that the larger employer must consider to be fully compliant with the labor codes, such as state and federal leave laws and sexual harassment training for your managers. For the smaller business, here are the primary five areas on which you will need to focus.

#1 Update your Employment Law Posters!

The California Department of Labor and the federal government require employers to post information related to wages, hours and working conditions in an area frequented by employees where it may be easily read during the workday. The number of posters required is determined by the size and nature of your business but could total up to 10 or more. You can obtain the requisite California and federal posters through these websites: http://www.dir.ca.gov/WP.asp .and http://www.dol.gov/osbp/sbrefa/poster/matrix.htm. If display space is an issue, you may want to consider purchasing an approved ?combination? poster which condenses and combines all the necessary posters. You can find these online at http://allinoneposters.com or http://www.ihrsource.com or similar sites on the Internet.

Employers should study and make sure they understand the regulations on these posters to determine which regulations are applicable to their business so they can answer questions from employees.

#2 Be compliant with all Safety and Health regulations - In California, every employer has a legal requirement to provide and maintain a safe and healthy workplace for its employees, according to the California Occupational Safety and Health department standards. As of 1991, each employer must have in place a written, effective Injury and Illness Prevention Program (IIPP). This does not have to be a complex document but must encompass certain elements. You can get an outline from the state for developing a plan for your work site at http://www.dir.ca.gov/dosh/dosh_publications/iipp.html . In addition to developing a plan, there is a requirement that you train your workers on preventing workplace hazards (and document that training). Your IIPP plan must be updated every time you change your operations where the hazards involved also change. In addition, all employers with over 10 employees must also keep an accident and injury log (OSHA 300). You can download that form and instructions at http://www.dir.ca.gov/dosh/dosh_publications/RecKeepOverview.pdf .

#3 Pay close attention to how you pay your employees ? In California, most state employment regulations ?trump? federal regulations because state standards are usually stricter. Many small business owners make the mistake of paying all or many of their employees a straight salary in order to keep payroll a simple process. This is especially true in businesses which have an office environment. This can be a very perilous approach as you most probably will be in violation of overtime rules which have very stiff penalties. Study the CA Industry Wage Commission (IWC) orders for your industry at http://www.dir.ca.gov/IWC/WageOrderIndustries.htm to know the legal requirements for overtime wages, breaks and lunch periods for your workers.

A critical area many small businesses fail to recognize is the proper classification of employees, as they apply to mandatory overtime pay ? exempt from overtime or not exempt. This can be a technical area which you may need some professional advice, but the general rule is that every employee should be paid hourly and paid overtime according to the IWC orders unless the proper testing is done to make a case for an exemption which usually only applies to top managers or certain professional employees. Some guidelines are available at http://www.management-advantage.com/products/overtime-exempt.html .

#4 Respect your Employees? Privacy and secure personnel files ? Today the law protects the privacy of employees with some pretty severe sanctions against employers who violate a person's medical privacy or identity. Separate basic personnel information into two files ? a personnel file (with payroll tax forms, or basic job information in it such as training documents, performance reviews and disciplinary or commendation notices) and a separate confidential file with medical, credit, benefits and personal family or dependent information. Supervisors or other interested management must be restricted in their access to the personnel file only. Only the person designated as the human resources record keeper is to be entrusted with the access to the confidential file. Make sure these files are always secured. Protect your employees? personal information.

For a more thorough discussion on employer's responsibilities on employee privacy download this article at http://www.hunton.com/files/tbl_s47Details%5CFileUpload265%5C1513%5CSotto_workplaceprivacy.pdf

#5 Don't forget to properly verify your employees? work status ? The immigration authorities are under increasing pressure to enforce the laws, and experts agree that enforcement will increase in the coming years as the debate wears on regarding illegal immigration. There have been some well publicized raids all over the country. The I-9 employment form must be completed by every employer on every employee, even US citizens. These documents must be completed properly and kept up to date if certain documents are presented on an employee's legal status to work in the US. Attached are two good primers and forms on the employer's responsibilities in that area which can be found at http://www.ahmcp.com/articles/employer_records.html or http://www.twmlaw.com/resources/formI9.html .

As a further measure, you should also use the government's free service to verify that the social security numbers being presented by applicants are valid, which will reduce the chances that you are hiring an illegal alien. Instructions for verification online are available at http://www.socialsecurity.gov/employer/ssnv.htm . This may become a requirement in the near future as the immigration service cracks down on employers. The government is now using tax filings with mismatched or invalid social security numbers to look for employer who knowingly hire workers who are in the US without proper labor authorization.

While this article is not inclusive of every labor code issue employers may face, it does cover the ?hot? areas which will give you a running head start to being essentially compliant with California state and the federal laws. It might be a prudent investment for every business owner with more than five employees to have a human resource and payroll audit done periodically by an HR professional. This exercise can help you spot areas of vulnerability and non compliance so that you can address those issues before they become a major crisis and costly disruption of you business.

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Both Wolfgang Jaegel & Dan Curtin Sphr are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.

Wolfgang Jaegel has sinced written about articles on various topics from Health, Family Travel and Hybrid Cars. For nearly 30 years, Bamrung Suvicha Apisakdi Law Associates (BSA Law) has focused on