Before the Employee Starts Work: How To Hire Employees in California
INTERVIEW ON THE PRICE OF BUSINESS SHOW, MEDIA PARTNER OF THIS SITE.
Recently Kevin Price, Host of the nationally syndicated Price of Business Show, interviewed Maryam Maleki, Esq.
The Maryam Maleki Commentaries
On a recent Price of Business show, Host Kevin Price interviewed Maryam Maleki. Maleki is a Contributor and recurring guest on the Price of Business.
With its unique labor laws and regulations, hiring in California is a distinctive process that requires attention to detail and an understanding of state-specific requirements. These laws cover a wide range of employment aspects from minimum wage requirements to overtime, and rest and meal breaks. For example, employers must craft a transparent job offer. Employers must ensure the job offer includes detailed information about the role, compensation, benefits, and other critical elements like Fair Chance Ordinance disclaimers.
Also, while California operates under at-will employment laws—meaning either the employer or employee can terminate the employment at any time for any reason (with certain exceptions)—employers may elect to use an employment agreement. Notably, for commission-based roles, California law requires a written agreement to specify how commissions are calculated and paid. Also, employers in California would be remiss not to implement an Arbitration Agreement with Class Action Waiver requiring current employees to sign it.
Additionally, compliance starts with paperwork. Beyond the federal I-9 form, which verifies an employee’s eligibility to work in the U.S., California mandates additional forms such as the state’s Wage Theft Protection Act notice, which employers must provide to employees at the time of hire. Today also, with the rise of remote work, managing state registrations for employees spread across multiple jurisdictions has become a significant challenge for employers. Ensuring compliance with state tax and unemployment regulations can be complex and time-consuming. Similarly, because of remote work, employers must comply with reimbursement requirements for internet and phone if employees are utilizing those for work.
California also prioritizes health and safety. California employers are obligated to provide a safe working environment. This includes adhering to the California Occupational Safety and Health Act (Cal/OSHA) regulations, which may require specific training, reporting, and preventive measures depending on the nature of the job. Similarly, California law (Government Code section 12950.1) requires that all employers of 5 or more employees provide training to their employees regarding sexual harassment and abusive conduct prevention. Every two years, non-supervisory employees must receive 1 hour of training and supervisors must receive 2 hours of training. New employees must have training within six months of hire.
With respect to benefits, California sets the bar high with requirements for employee benefits, including paid sick leave. Under the Healthy Workplaces, Healthy Families Act of 2014, employees in California are entitled to paid sick leave, accruing at a minimum rate of one hour for every 30 hours worked (REF: State of California Department of Industrial Relations).
Maryam Maleki specializes in labor and employment law, providing legal counsel and litigation services to unionized and union-free employers in various aspects of employment law, including wage and hour class actions, whistleblower suits, wrongful termination, harassment, discrimination, retaliation, and complex labor and employment matters. Specifically, Maryam defends employers nationwide in proceedings before state and federal courts, state and federal governmental agencies including the Civil Rights Department, National Labor Relations Board, the Equal Employment Opportunity Commission, and the California Labor Commissioner. Additionally, Maryam counsels employers on a range of workplace issues including recruitment and hiring, development of handbooks and employment policies, disability accommodations and leaves of absence, workforce reductions, investigations, audits, and mitigating risk associated with employee terminations.
They discussed Why Employment Law Matters And Why Employers Should Know It – a program targeting and explaining why California is a difficult place to be an employer, to put it mildly!
Maryam M. Pec is an attorney at Hackler Flynn & Associates, specializes in labor and employment law, providing legal counsel and litigation services to unionized and union-free employers in various aspects of employment law, including wage and hour class actions, whistleblower suits, wrongful termination, harassment, discrimination, retaliation, and complex labor and employment matters.
Specifically, Maryam defends employers nationwide in proceedings before state and federal courts, state and federal governmental agencies including the Civil Rights Department, National Labor Relations Board, the Equal Employment Opportunity Commission, and the California Labor Commissioner. Additionally, Maryam counsels employers on a range of workplace issues including recruitment and hiring, development of handbooks and employment policies, disability accommodations and leaves of absence, workforce reductions, investigations, audits, and mitigating risk associated with employee terminations.
Learn more at https://hacklerflynnlaw.com/portfolio-items/maryam-pec/.