63.5
63.5
59.5
Limited Access to Decent Work
60
40
20
50
60
100
80
100
100
25
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the legislation or collective negotiation set and determine the minimum wages in the country? | Yes | 1 | §204(d)(1) & 206 of the Fair Labour Standards Act 1938 | No Change |
| Does the law require regular and timely payment of wages? | Yes | 1 | §204 of the California Labour Code | No Change |
| Does the law require overtime compensation to be at least 125% of the regular hourly rate? | Yes | 1 | §510 (a) of the California Labour Code | No Change |
| Does the law require any additional compensation for working on a weekly rest day? | No | 0 | §510 (a) of the California Labour Code | No Change |
| Does the law require additional compensation for night work? | No | 0 | No applicable legal provisions could be located | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law stipulate general weekly working hours as 48 hours or lower? | Yes | 1 | §510 (a) of the California Labour Code | No Change |
| Does the law restrict maximum working hours, including overtime, to 56 hours per week? | No | 0 | No applicable legal provisions could be located | No Change |
| Does the law require a paid weekly rest of at least 24 consecutive hours? | Yes | 1 | Mendoza v. Nordstrom, Inc., 2 Cal. 5th 1074 (2017) | No Change |
| Does the law require paid public holidays? | No | 0 | No applicable legal provisions could be located | No Change |
| Does the law require at least three working weeks of paid annual leave? | No | 0 | No applicable legal provisions could be located | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require a written employment contract or employment particulars to be given to a worker on commencement of employment? | Yes | 1 | §2751 (a) of the California Labour Code | No Change |
| Does the law restrict the hiring of fixed-term contract workers? | No | 0 | No applicable legal provisions could be located | No Change |
| Does the law limit the length of the probation period, including renewals, to three months? | No | 0 | No applicable legal provision could be located | No Change |
| Does the law require a 30-day notice period before employment contract termination? | No | 0 | No applicable legal provision could be located | No Change |
| Does the law require severance pay at the rate of at least two weeks of wages for every year of service? | No | 0 | No applicable provision could be located | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require a four-month parental leave for parents? | Yes | 1 | California Gov. Code, § 12945.2 (a) & (b)(4) | No Change |
| Does the law require at least one week of paid paternity leave for fathers*? | Yes | 1 | California Gov. Code, § 12945.2 (a) & (b)(4); s3301 (a) (1) (2) California Unemployment Insurance Code | No Change |
| Does the law require flexible working arrangements* for workers with family responsibilities? | No | 0 | No applicable provision could be located | No Change |
| Does the law require paid nursing breaks? | No | 0 | §1030 of the California Labour Code | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law prohibit inquiring about pregnancy during recruitment? | Yes | 1 | §701 (k) of the Civil Rights Act 1964 | No Change |
| Does the law require maternity leave of at least 14 weeks? | No | 0 | §12945.2 (a) & (b)(4) of Gov. Code; §2612 (a)(1) of the Family and Medical Leave Act; §3301(a)(1)(2) of California Unemployment Insurance Code | No Change |
| Does the law require cash maternity benefits to be at least two-thirds (66.67%) of a worker's former wage? | No | 0 | §3301(b) of the California Unemployment Insurance Code | No Change |
| Does the law require cash maternity benefits to be paid through a contributory social insurance or a universal benefits system or such benefits are an employer's liability? | Yes | 1 | §3301 (a) (1) (2) & (b) of the California Unemployment Insurance Code | No Change |
| Does the law protect workers from dismissals during or on account of pregnancy? | Yes | 1 | §701 (k) of the Civil Rights Act 1964; §12940 (a) of the California Gov Code | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require employers to provide free personal protective equipment to workers? | Yes | 1 | §6403 of the California Labour Code | No Change |
| Does the law require employers to train workers on health and safety Issues? | Yes | 1 | §6401.7 of the California Labour Code | No Change |
| Does the law restrict work that is prejudicial to the health of the mother or the child? | Yes | 1 | §12945 of the California Gov Code | No Change |
| Does the law provide for employment injury benefits in the event of an occupational accident or disease? | Yes | 1 | §3600 & 3700 of the California Labour Code; Title 8 of the California Code of Regulations | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law provide for an old age benefit? | Yes | 1 | Title II of the Social Security Act 1935; ISSA Country Profile for US | No Change |
| Does the law provide for survivors' benefits? | Yes | 1 | Title II of the Social Security Act 1935; ISSA Country Profile for US | No Change |
| Does the law provide for unemployment benefits? | Yes | 1 | Federal Unemployment Tax Act; Federal Grants to States for Unemployment Compensation Administration; Social Security Act 1935 | No Change |
| Does the law require paid sick leave (and sickness benefits) for the first six months of sickness? | No | 0 | §246 & 246.5 of the California Labour Code | No Change |
| Does the law provide for invalidity benefits? | Yes | 1 | Title II of the Social Security Act 1935; ISSA Country Profile for US | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require equal remuneration for men and women workers for work of equal value? | Yes | 1 | §206 (d) (1) of the United States Code | No Change |
| Does the law prohibit sexual harassment in employment? | Yes | 1 | §1604.11 of U.S. Code of Federal Regulations: 29 C.F.R; §2005e-5(e)(3)(B) of Title VII of the Civil Rights Act of 1964 | No Change |
| Does the law prohibit discrimination in employment matters? | Yes | 1 | §12940 (a) California Gov Code; §2e-2 of 42 United States Code | No Change |
| Does the law allow women to do the same job as men? | Yes | 1 | No restrictive legal provisions could be located | No Change |
| Does the law guarantee basic labour protection to the platform workers? | Yes | 1 | Title II (sec. 211) of the Social Security Act 1935 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law prohibit the employment of children? | Yes | 1 | §1286 (c) of the California Labour Code | No Change |
| Does the law set employment entry age equal to or higher than the compulsory schooling age? | Yes | 1 | §48200 of the California Education Code | No Change |
| Does the law prohibit the employment of young persons in hazardous work under the age of 18 years? | Yes | 1 | §1294.1 (b) of the California Labour Code | No Change |
| Does the law prohibit forced labour? | Yes | 1 | §1589 (a) (1) & (d) 18 of the US Code | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law allow workers to form and join unions of their own choice? | Yes | 1 | §7 of the National Labour Relations Act, 1935 | No Change |
| Does the law allow workers to bargain collectively with employers through their representative unions? | No | 0 | §9 of the National Labour Relations Act, 1935 | No Change |
| Does the law provide the right to strike? | No | 0 | § 7116 (7A) of the Federal Service Labour-Management Relations Statute (Title VII of the Civil Service Reform Act of 1978) | No Change |
| Does the law prohibit imposing excessive sanctions against striking workers, including replacement of such workers? | No | 0 | §9(3) of the National Labour Relations Act, 1935 | No Change |