What laws govern termination of employment?
In California, termination of employment is governed by both state and federal laws. The most important of these laws is the California Labor Code, which provides some protections for employees when it comes to termination of employment. For instance, employers must provide workers with advance notice of termination and cannot terminate an employee due to their race, gender, religion, or other protected characteristics. The Fair Labor Standards Act (FLSA) is another key law that governs termination of employment in California. This Act requires employers to pay all non-exempt workers earning a wage below a certain level a minimum wage, provide overtime pay, and prohibits employers from discriminating against employees based on their gender or race. Additionally, the Worker Adjustment and Retraining Notification Act of 1988 (WARN) is another federal law that requires employers to provide employees with sixty (60) days advance notice in the event of termination. This law applies to all employers with one hundred (100) or more employees and prevents them from terminating employees without giving adequate notice. Finally, the California Family Rights Act (CFRA) is the state law that applies to employers with fifty (50) or more employees. Under CFRA, employers must provide employees with certain rights to either take a leave of absence from work or to be protected from termination in certain situations, such as if an employee has to care for a family member or if they are pregnant. Overall, a wide range of both state and federal laws govern termination of employment in California, each providing workers with certain protections. Employers must familiarize themselves with these laws to ensure they are following all applicable regulations for terminating employees.
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