Sunday, October 5, 2014

California Law Re: Wages, Overtime, Breaks, Access to Personnel File

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* You must be paid at least the California minimum wage for all work you perform for your employer, even if you worked "off the clock" or "volunteered," worked at home or worked without approval.

* You must be paid overtime (one and a half times your usual wage for every hour or fraction of an hour you work over eight hours in a day or over 40 hours in one week, and double time for every hour you work over 12 hours in a day) unless you are exempt from overtime.

*  Your employer must maintain-and keep for three years-a daily record of your work hours.

* You are entitled to a paid 10-minute rest period every four hours and an unpaid 30-minute meal break every five hours.

* The rest period is defined as a "net" ten minutes, which means that the rest period begins when the employee reaches an area away from the work area that is appropriate for rest. Employers are required to provide suitable resting facilities that shall be available for employees during working hours in an area separate from the toilet rooms.

* California law provides that current and former employees (or a representative) have the right to inspect and receive a copy of the personnel files and records that relate to the employee’s performance or to any grievance concerning the employee. Labor Code Section 1198.5 Inspections must be allowed at reasonable times and intervals, but not later than 30 calendar days from the date the employer receives a written request. Upon a written request from a current or former employee, or a representative, the employer shall provide a copy of the personnel records, at a charge not to exceed the actual cost of reproduction, not less than 30 calendar days from the date the employer receives the request.

To facilitate the inspection, employers shall do all of the following: (1) maintain a copy of each employee’s personnel records for a period of not less than three years after termination of employment, (2) make a current employee’s personnel records available for inspection, and if requested by the employee or representative, provide a copy at the place where the employee reports to work, or at another location agreeable to the employer and the requester. If the employee is required to inspect or receive a copy at a location other than the place where he or she reports to work, no loss of compensation to the employee is permitted, (3) make a former employee’s personnel records available for inspection, and if requested by the employee or representative, provide a copy at the location where the employer stores the records, unless the parties mutually agree in writing to a different location.



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