What are the rules for employee transfers?
In California, employee transfers from one job to another require employers to abide by certain laws. The rules for employee transfers in California are governed by the Fair Employment and Housing Act, which is a state law that regulates how employers must treat workers. Employees who transfer from one job to another must remain in their current job for at least 90 days before the transfer can take effect. The transfer must also be for a position that is equal in pay and other benefits to the employee’s current position, unless the transfer is with the employee’s consent and the new position offers more opportunities for advancement. Employers also must provide notice of the transfer to the employee at least 30 days before the transfer is effective. Employers are prohibited from transferring employees based on discriminatory criteria (such as race, gender, nationality, or disability), and transfers that could result in the employee being subjected to any form of harassment or dangerous working conditions are also forbidden. Finally, employers are required to continue the employee’s benefits during the transfer period and also must provide reasonable accommodations to any employee with a disability, if needed. Employers must also ensure that employees who are transferring as part of a layoff or reduction in force are provided with required notices and other protections as prescribed under the California Labor Code.
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