Updated to reflect expanded lactation accommodations required under the federal PUMP for Nursing Mothers Act, effective December 29, 2022.
As recommended by the California Employment Development Department, employers can refer to guidance in various topic areas, including withholding taxes and unemployment insurance, in the California Employer's Guide, DE 44.
An employer may use this policy to ensure they will meet the requirements of the "safe harbor" provision of the Fair Labor Standards Act (FLSA). Under the "safe harbor" provision, employers that inadvertently make improper deductions from the pay of exempt employees can shield themselves from overtime liability if they adopt a salary basis policy and take other steps.
An employer that uses independent contractors should adopt written policies regarding the hiring and payment of independent contractors to limit the risk of misclassification.
An employer that does not wish to pay its nonexempt employees at least the minimum wage for all time they spend on call may use this policy to help avoid restricting the employees' ability to use that time effectively for personal purposes.
An employer that is willing to pay its nonexempt employees at least the minimum wage for all time they spend on call can use this policy to establish requirements for employees' on-call time, including required response times, geographical limits and more.
An employer may use this policy to provide a consistent and accurate system for recording all hours worked by nonexempt employees and to comply with the federal Fair Labor Standards Act and similar state wage and hour laws.
An employer may use the Rest Break policy to outline expectations for employee breaks. Such policies must also be compliant with any state mandated regulations.
An employer may use this policy to clarify employer expectations regarding employer-mandated meetings as well as employee rights to compensation for training sessions and meetings. Employers should refer to the Education, Training and Meeting policy whenever employees are required to attend an employer-mandated meeting.
An employer may use this policy to outline compensation standards during employee meal breaks and rest periods. Although the federal Fair Labor Standards Act does not mandate that employers provide meal and rest periods, several states do require employers to provide meal breaks, and all employers should have a policy addressing such periods.
Templates to help you create legally compliant documents relating to wage and hour.
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