Employment Law Handbook With Exercises In San Jose
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Effective July 1, 2024, California law requires most California employers to create a written workplace violence prevention plan, a workplace violence incident log (consistent with OSHA standards), a workplace violence prevention curriculum specific to the employer, and annual training for all employees concerning ...
Certain policies are mandatory and must be included in your employee handbook. For example, California employers must have a written harassment, discrimination and retaliation prevention policy. Including these policies clarifies for employees their rights and obligations, and protects you from potential liability.
Many organizations ask employees to sign an acknowledgment of receipt to confirm that they have read and understood the handbook. This acknowledgment can be important if disputes arise over policy violations. Employee handbooks are not legally binding unless they explicitly state that they are.
The topics included in the employee handbook should cover the employer's mission statement, equal employment opportunity statement, contractual disclaimer and at-will employment statement (where allowed), purpose of the employee handbook, and background information on the company.
And if your company doesn't have a handbook, managers and employees will need to rely on the company's “institutional memory” to ensure that policies are consistently applied. Work policies and expectations also take on more importance and are more likely to be followed when you codify them in an official handbook.
Are My Workers Employees? The Fair Labor Standards Act (FLSA) only covers employees. The FLSA defines employee as "any individual employed by an employer" and employ is defined as including "to suffer or permit to work." The concept of employment in the FLSA is very broad and is tested by "economic reality."
Besides health and safety, wages and benefits and discrimination, employment law also often focuses on labor relations, unemployment compensation, family and medical leave, employee contracts, immigration and even the hiring process.
Most employers are surprised to learn that California does not require companies to have an employee handbook.
Are employee handbooks required by law? It's not legally required to provide an employee handbook.
The law says you are protected when you: Speak up about wages that are owed to you • Report an injury or a health and safety hazard • File a claim or complaint with a state agency • Join together with other workers to ask for changes.
