Installation, maintenance and repair technicians that establish, support or repair service as needed. C. Is customarily engaged in an independently established trade, occupation, or business of the same nature as the work performed. Workers supporting the chemical and industrial gas supply chains, including workers at chemical manufacturing plants, workers in laboratories, workers at distribution facilities, workers who transport basic raw chemical materials to the producers of industrial and consumer goods, including hand sanitizers, food and food additives, pharmaceuticals, textiles, building materials, plumbing, electrical and paper products. Technologies are changing at a rapid pace, increasing the number of products, services, service providers, and communication options. Employees who repair and maintain vehicles, aircraft, rail equipment, marine vessels, bicycles, and the equipment and infrastructure that enables operations that encompass movement of cargo and passengers. All Rights Reserved. Employees who are involuntary discharged (fired or laid off) must be paid all of their unpaid wages, including accrued but unused vacation or paid time off, at their time of discharge. Critical government workers, as defined by the employer and consistent with Continuity of Operations Plans and Continuity of Government plans. Workers who support food, shelter, and social services, and other necessities of life for economically disadvantaged or otherwise needy individuals, such as those residing in shelters. This is a tough standard, and many California employers will need to take a look at any independent contractors they currently use to see if they meet the ABC test—especially take a close look at factor “B.” There are also exceptions and legal challenges to this rule, so proceed with caution when hiring independent contractors. Mass transit workers providing critical transit services and/or performing critical or routine maintenance to mass transit infrastructure or equipment. Employees supporting or enabling transportation functions, including truck drivers, bus drivers, dispatchers, maintenance and repair technicians, warehouse workers, truck stop and rest area workers, towing and recovery services, roadside assistance workers, intermodal transportation personnel, and workers that maintain and inspect infrastructure. These penalty payments are considered wages and employees may recover penalties for up to four years. Public health and environmental health workers, including workers specializing in environmental health that focus on implementing environmental controls, sanitary and infection control interventions, healthcare facility safety and emergency preparedness planning, engineered work practices, and developing guidance and protocols for appropriate PPE to prevent COVID-19 disease transmission; Public health/ community health workers (including call center workers) who conduct community- based public health functions, conducting epidemiologic surveillance and compiling, analyzing, and communicating public health information. Employers with five (5) or more employees, must provide 1 hour of harassment prevention training to all employees and a total of two hours of harassment prevention training for all supervisors before January 1, 2021. Employees required to support Software as a Service businesses that enable remote working, performance of business operations, distance learning, media services, and digital health offerings, or required for technical support crucial for business continuity and connectivity. Failure to allow a current or former employee access to payroll records can result in a $750 penalty for each violation. Failure to follow the correct procedures when adopting an alternative workweek can invalidate the alternative workweek schedule and result in penalties of up to four years of unpaid overtime pay, interest penalties and attorney fees. Transportation supporting animal agricultural industries, including movement of animal medical and reproductive supplies and material, animal vaccines, animal drugs, feed ingredients, feed, and bedding, live animals, animal medical materials; transportation of deceased animals for disposal; and associated regulatory and government workforce, Workers who support sawmills and the manufacture and distribution of fiber and forest products, including, but not limited to timber, paper, and other wood and fiber products, Employees engaged in the manufacture and maintenance of equipment and other infrastructure necessary to agricultural production and distribution. Since a 2011 court decision, employees based outside of California who work in California for full days or weeks must be paid overtime based on California legal requirements while they are working in California. Public health / community health workers, including those who compile, model, analyze and communicate public health information. Workers who support radio, television, and media service, including, but not limited to front line news reporters, studio, and technicians for newsgathering, reporting, and publishing news. Second, they must use a salary test to ensure the employee earns at least two times the minimum wage. Managers in the State of California can be held personally responsible for allowing harassment in the workplace to continue to occur after the harassment has been reported. California employees are entitled to time-and-a-half (1.5 times their regular rate of pay) after working eight hours in a day or more than 40 hours in a workweek, and double overtime pay after working 12 hours in day. Workers performing functions related to undersea cable infrastructure and support facilities, including cable landing sites, beach manhole vaults and covers, submarine cable depots, and submarine cable ship facilities. Employees who voluntarily end their employment must receive their final paycheck on their last day of employment if they gave at least 72 hours of notice. The 2020 minimum hourly rate of pay for licensed physicians and surgeons to qualify as exempt is $84.79.Employers who believe their employees may qualify for any of the exemption categories need to review the requirements on the exemption worksheets to ensure employees meet both the duties and the salary test. The Water and Wastewater Sector is a complex sector composed of drinking water and wastewater infrastructure of varying sizes and ownership types. The aim is to ensure that all employees who work in the state benefit from their employment contract and that they are lawfully paid for any work they rendered to their employer. If an employer provides unlimited paid sick leave or unlimited paid time off, the employer may indicate "unlimited" on your pay stub or other document provided to you the same day as your wages.Failure to include all required information with each paycheck can result in penalties of $100 per employee, per violation, up to a maximum of $4,000 per employee. Workers performing security, incident management, and emergency operations functions at or on behalf of healthcare entities including healthcare coalitions. Workers responsible for infrastructure construction and restoration, including contractors for construction and engineering of fiber optic cables, buried conduit, small cells, other wireless facilities, and other communications sector-related infrastructure. When analyzing overtime exemptions, federal law and most state laws focus on the tasks of the job and ask whether the “primary” duty is of an exempt nature. Workers responsible for handling property management, maintenance, and related service calls who can coordinate the response to emergency “at-home” situations requiring immediate attention, as well as facilitate the reception of deliveries, mail, and other necessary services. Workers who support client service centers, field engineers, and other workers supporting critical infrastructure, as well as manufacturers and supply chain vendors that provide hardware and software, support services, research and development, information technology equipment (to include microelectronics and semiconductors), and HVAC and electrical equipment  for critical infrastructure and test labs and certification agencies that qualify such equipment for critical infrastructure. Pipeline Systems consist of pipelines carrying natural gas hazardous liquids, as well as various chemicals. Workers who support the inspection and maintenance of aids to navigation and other government-provided services that ensure continued maritime commerce. Maritime Transportation System consists of coastline, ports, waterways, and intermodal landside connections that allow the various modes of transportation to move people and goods to, from, and on the water. Instead, the California Supreme Court and the State Legislature has found that a hiring entity, in order to prove that an independent contractor is not an employee, must establish each of the three factors embodied in the ABC test—namely, that the worker: A. Workers who are needed to process and maintain systems for processing financial transactions and services, including payment, clearing, and settlement; wholesale funding; insurance services; and capital markets activities. California employers may enforce reasonable confidentiality, intellectual property assignment, non-solicitation and non-disclosure agreements. California Labor Code section 2810.5 requires employers to give new hired nonexempt employees a notice disclosing the rate of pay, regular payday, employer name and address, and information regarding paid sick leave as applicable to that employee. Workers needed to support transportation to and from healthcare facilities and provider appointments. Clergy for essential support and faith-based services that are provided through streaming or other technologies that support physical distancing and state public health guidelines. Workers necessary for the installation, maintenance, distribution, and manufacturing of water and space heating equipment and its components. Job-protected time off for parents to deal with school discipline matters, attend school or child care activities, or deal with school or child care emergencies. The following data pertains to employees (State government, California State Universities, and Judicial Council) paid through the State Controller's Office Uniform State Payroll System in the February 2020 pay period. ©2020 California Employers Association. Military Leave which allows spouses of deployed military personnel who are granted leave from “combat zones” to take time off to be with their spouse. Failure to follow the correct procedures when adopting an alternative workweek can invalidate the alternative workweek schedule and result in penalties of up to four years of unpaid overtime pay, interest penalties and attorney fees. Out of State Employees Working in California. Public Safety Answering Points and 911 call center employees; personnel involved in access to emergency services including the emergency alert system and wireless emergency alerts. Essential workforce – Communications, if remote working is not practical: Essential workforce – Information Technology, if remote working is not practical: The Critical Manufacturing Sector identifies several industries to serve as the core of the sector: Primary Metals Manufacturing, Machinery Manufacturing, Electrical Equipment, Appliance, and Component Manufacturing, Transportation Equipment Manufacturing Products made by these manufacturing industries are essential to many other critical infrastructure sectors.

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