California Hourly Employee Evaluation
Description
How to fill out Hourly Employee Evaluation?
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FAQ
The Fair Labor Standards Act (FLSA) does not require performance evaluations. Performance evaluations are generally a matter of agreement between an employer and employee (or the employee's representative).
Yes, but only if there is an employment contract or bargaining agreement. If you do not have a contract, your employer can legally reduce your work hours or cut pay and you may not have any recourse.
The California Wage Theft Protection Act does require notice within seven days of making a change to a pay date or period, but it has no notice requirements prior to the change.
No law requires companies to conduct job reviews, but businesses that do may have a better understanding of their employees. The information gained from performance reviews can be used to determine raises, succession plans and employee-development strategies.
Summary. Generally, California law does not restrict private communications involving opinions, such as performance appraisals, particularly when those communications are truthful, reasonable, businesslike, and kept confidential between management and the employee.
This means that the change will need to be agreed with the employees concerned before it is implemented. An employer that proceeds to make such a change without agreement will be acting in breach of contract, a course of action which could lead to resignations followed by claims of constructive dismissal.
Performance evaluations are not mandatory, according to the U.S. Department of Labor. They are a matter between you and your employees or your employees' representative. Performance evaluations help you to determine merit increases and come up with employee development strategies.
No law requires companies to conduct job reviews, but businesses that do may have a better understanding of their employees. The information gained from performance reviews can be used to determine raises, succession plans and employee-development strategies.
If your contract is clear and says that your employer can make the specific change that they want to make e.g. to vary or reduce your hours, then your employer may be able to make the change without your agreement. Although you may still have rights to protest the change.
If the contract permits the employer to change the days on which you work, it is likely that you will be required to change your shifts. However, if the contract states that your working pattern is 20 hours per week over 3 days, the employer is not permitted to change your shift pattern without your agreement.