“[e]mployers shall compute and pay mileage reimbursement when wages are paid, or at least once per calendar month as determined by the employer.  All such payments must be made not later than the end of the calendar month following the calendar month in which the expenses were incurred, unless the employee fails to provide the employer with the records of the number of miles driven for the reimbursement period, in which case, the reimbursement must be made no later than the month following the month in which the employee provides the employer with the records for the mileage claimed.”  Title 8 of the California Code of Regulations, Section 13701(g).

Employee Rights

Under the National Labor Relations Act

The National Labor Relations Act (NLRA) guarantees the right of employees to organize and bargain collectively with their

employers, and to engage in other protected concerted activity or to refrain from engaging in any of the above activity. Employees

covered by the NLRA* are protected from certain types of employer and union misconduct. This Notice gives you general information

about your rights, and about the obligations of employers and unions under the NLRA. Contact the National Labor Relations Board

(NLRB), the Federal agency that investigates and resolves complaints under the NLRA, using the contact information supplied

below, if you have any questions about specific rights that may apply in your particular workplace.

Under the NLRA, you have the right to:

• Organize a union to negotiate with your employer concerning your wages, hours, and other terms and conditions

of employment.

• Form, join or assist a union.

• Bargain collectively through representatives of employees’ own choosing for a contract with your employer setting your wages,

benefits, hours, and other working conditions.

• Discuss your wages and benefits and other terms and conditions of employment or union organizing with your co-workers

or a union.

• Take action with one or more co-workers to improve your working conditions by, among other means, raising work-related

complaints directly with your employer or with a government agency, and seeking help from a union.

• Strike and picket, depending on the purpose or means of the strike or the picketing.

• Choose not to do any of these activities, including joining or remaining a member of a union.

Illegal conduct will not be permitted. If you believe your rights or the rights of others have been violated, you should contact the

NLRB promptly to protect your rights, generally within six months of the unlawful activity. You may inquire about possible violations

without your employer or anyone else being informed of the inquiry. Charges may be filed by any person and need not be filed by

the employee directly affected by the violation. The NLRB may order an employer to rehire a worker fired in violation of the law and

to pay lost wages and benefits, and may order an employer or union to cease violating the law. Employees should seek assistance

from the nearest regional NLRB office, which can be found on the Agency’s Web site: http://www.nlrb.gov.

You can also contact the NLRB by calling toll-free: 1-866-667-NLRB (6572) or (TTY) 1-866-315-NLRB (1-866-315-6572)

for hearing impaired.

If you do not speak or understand English well, you may obtain a translation of this notice from the NLRB’s Web site or by calling

the toll-free numbers listed above.

Under the NLRA, it is illegal for your employer to:

• Prohibit you from talking about or soliciting for a union

during non-work time, such as before or after work or

during break times; or from distributing union literature

during non-work time, in non-work areas, such as parking

lots or break rooms.

• Question you about your union support or activities in a

manner that discourages you from engaging in that activity.

• Fire, demote, or transfer you, or reduce your hours or

change your shift, or otherwise take adverse action against

you, or threaten to take any of these actions, because

you join or support a union, or because you engage

in concerted activity for mutual aid and protection, or

because you choose not to engage in any such activity.

• Threaten to close your workplace if workers choose a

union to represent them.

• Promise or grant promotions, pay raises, or other benefits

to discourage or encourage union support.

• Prohibit you from wearing union hats, buttons, t-shirts, and

pins in the workplace except under special circumstances.

• Spy on or videotape peaceful union activities and

gatherings or pretend to do so.

Under the NLRA, it is illegal for a union or for the

union that represents you in bargaining with your

employer to:

• Threaten or coerce you in order to gain your support

for the union.

• Refuse to process a grievance because you have

criticized union officials or because you are not a

member of the union.

• Use or maintain discriminatory standards or procedures

in making job referrals from a hiring hall.

• Cause or attempt to cause an employer to discriminate

against you because of your union-related activity.

• Take adverse action against you because you have not

joined or do not support the union.

If you and your co-workers select a union to act as your

collective bargaining representative, your employer

and the union are required to bargain in good faith in

a genuine effort to reach a written, binding agreement

setting your terms and conditions of employment. The

union is required to fairly represent you in bargaining

and enforcing the agreement.

* The National Labor Relations Act covers most private-sector employers. Excluded from coverage under the NLRA are public-sector employees, agricultural

and domestic workers, independent contractors, workers employed by a parent or spouse, employees of air and rail carriers covered by the Railway Labor

Act, and supervisors (although supervisors that have been discriminated against for refusing to violate the NLRA may be covered).

This is an official Government Notice and must not be defaced by anyone.

September 2011

In California, the Fair Employment and Housing Act (FEHA) prohibits discrimination on the basis of race, religious creed, color, national origin, ancestry, physical or mental disability, medical condition, marital status, sex, age and sexual orientation, and also discrimination on the basis that a person is perceived to have a protected characteristic, or on the basis that a person is associated with someone who has or is perceived to have a protected characteristic. Employers may not retaliate against employees for exercising their rights under the FEHA.

Protected Categories

1. Age Discrimination (over age 40)
   
2. Disability Discrimination (physical or mental)
   
3. Race/Color Discrimination
   
4. National Origin
   
5. Ancestry
   
6. Religious Discrimination
   
7. Sex (Gender) Discrimination
   
8. Pregnancy Discrimination
   
9. Marital Status
   
10. Sexual Orientation
    
11. Medical Condition
    
12. Genetic Information
    
13. Military Status
    
14. Whistleblower
    

In litigation the Company discovered that the SSN used by Salas actually belonged to another man in North Carolina, who had not authorized Salas to use his SSN. Sierra Chemical asked the Court to dismiss Salas’ case under the theory of “after-acquired evidence” and “unclean hands.” Essentially, the Employer argued that it would not have hired Salas had it known that he was using a false SSN; and that Salas’ misrepresentation of his ability to work in the United States prevented him from having a termination based claim. The Court held that a plaintiff cannot have a claim for losing a job that he or she was not entitled to obtain in the first place. Misrepresentation of a job qualification imposed by the U.S. government, like having a valid SSN, legally disqualifies a person for a job and thus he or she are barred from obtaining compensation for losing the job.

The Court clarified, however, that a person “not lawfully qualified for the job” retains the right “right to bring a wide variety of claims against their employers as long as these claims are not tied to the wrongful discharge or failure to hire.” This means that an undocumented worker is “entitled to all the protections available under the law,” except a claim for illegal termination.

The NLRB will provide copies of the notice on request at no cost to the employer on or before November 1, 2011. Employers may obtain the poster through the regional, sub-regional, or resident offices of the NLRB. The poster may also be downloaded through the NLRB’s website. Employers may also comply with this posting requirement by purchasing a set of workplace posters including the NLRB poster from a commercial supplier.

Employers must also post this notice on an intranet or internet site if they customarily post personnel rules and policies in such a manner. Employers must post translated versions of this poster if at least 20% of its workforce is not proficient in English.

An employer’s failure to post this notice will be treated as an “unfair labor practice” under the NLRA. The Final Rule was published on August 30, 2011.