PEO Services for California

PEO Guide for California: HR, Payroll & Compliance

Navigating California’s employment laws and HR management can be challenging. A Professional Employer Organization (PEO) handles tasks like payroll, benefits, and compliance. This guide covers everything you need to know about using a PEO in California.

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What is a PEO in California

A PEO in California serves as a co-employer, handling essential HR functions like payroll, benefits, and compliance while your business maintains control over operations and decision-making. This arrangement allows companies to focus on growth while reducing the administrative burden and legal risks associated with HR.

By partnering with a PEO in California, businesses can simplify HR, stay compliant with state regulations, and offer competitive employee benefits, all while focusing on growth. Whether you're a startup or an established company, a PEO helps you navigate California’s complex employment landscape.

Mandatory Requirements when Partnering with a PEO in California

In California, it’s mandatory for all employers, including those partnering with PEOs, to have valid workers’ compensation insurance. Failure to do so is a criminal offense with potential fines up to $100,000 USD as per California Labor Code, section 3700.

Benefits Of Using a PEO In California

Payroll Processing and Compliance. A PEO manages payroll processing, tax withholdings, and filings with California state agencies, ensuring compliance with state tax laws and employment regulations.

Benefits Administration. PEOs offer access to comprehensive employee benefits packages, including health insurance, retirement plans, and other perks that help attract and retain top talent in California.

Workers’ Compensation. PEOs ensure your business complies with California’s workers’ compensation requirements, handling claims and minimizing risk.

HR and Legal Compliance. PEOs bring expert HR support, making them especially valuable for small businesses. With constantly changing California labor laws, a PEO offers guidance on employee handbooks, harassment prevention, terminations, and safety regulations, ensuring your business stays compliant.

Employment Laws and regulations in California

A PEO (Professional Employer Organization) is an excellent solution for small businesses in California to manage HR, payroll, and compliance with the state's complex labor laws.

California has some of the most stringent regulations around minimum wage, overtime, paid sick leave, and employee classification, which can be overwhelming for small businesses without dedicated HR resources.

Here’s a brief overview of some key laws and regulations specific to California.

California Employment Laws

A PEO helps businesses comply with both federal and California-specific labor laws, which can be complex and frequently change.

  • Minimum Wage: The California minimum wage is $16.00 per hour statewide as of 2024, but local rates may be higher, such as $18.07 in San Francisco and $19.08 in West Hollywood. 
  • Overtime: California requires overtime pay for hours worked over 8 in a day or 40 in a week, and double pay for hours over 12 in a day.Sick Leave: Employers must provide at least 24 hours of paid sick leave per year, accruing at a rate of 1 hour for every 30 hours worked. 
  • Meal and Rest Breaks: Employees must receive a 30-minute meal break after 5 hours of work and a 10-minute rest break for every 4 hours worked.

Payroll Laws In California

  • Payroll Schedule: California mandates that employees be paid at least twice a month, with no more than 16 days between pay periods. 
  • Tax Compliance: Employers must contribute to unemployment insurance at 3% on the first $7,000 in wages, the Employment Training Tax (0.1%), and Disability Insurance (1.1% of employees' wages). 

Benefits Laws In California

PEOs can offer competitive benefits like health insurance and retirement plans through CalSavers. PEOs leverage pooled volume to provide benefits without employment minimums, reducing costs for small businesses.

Additional requirements and enforcement in California

  • Workplace Safety: California follows strict Cal/OSHA regulations for workplace safety. 
  • Workers’ Compensation: All California employers must have workers’ compensation insurance, with rates based on job classification. 
  • Enforcement Agencies: Labor laws are enforced by the California Department of Industrial Relations (DIR) and its divisions. 
  • Overlapping Laws: When federal and California laws overlap, the law most favorable to the employee generally applies.

Looking to hire employees in California?

Check out our comprehensive state hiring guide.

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How to Choose the right PEO in California

Selecting the right PEO in California is essential for navigating the state's intricate labor laws while ensuring compliance and efficiency. Follow these key steps:

  1. Focus on California-Specific Experience. Ensure the PEO has expertise in navigating California’s labor laws. This includes understanding nuances like mandatory sick leave, wage orders, and workers’ compensation requirements.
  2. Service Flexibility. Choose a PEO that offers flexible services tailored to your business size and industry. California’s regulations can vary by sector, so a PEO with industry-specific knowledge is valuable.
  3. Track Record and Compliance History. Research the PEO’s compliance history to ensure they have a proven track record of helping businesses avoid penalties and stay compliant with California’s complex employment laws.
  4. Consider Employee Benefits. A PEO can offer access to more affordable and comprehensive employee benefits, which are crucial for attracting and retaining top talent in California’s competitive job market.
  5. Assess Customer Service. Responsive customer service, dedicated human support teams (not AI), and robust HR technology are key factors in ensuring a smooth partnership with the PEO. It’s important to find a partner who supports your people, when they need it most.
By following these steps, you can select a PEO that aligns with your business goals and ensures compliance with California’s complex labor regulations. For more detailed insights, check out Playroll’s Guide to Employment in California.

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FAQS

FAQs About PEO Services in California

How does a PEO help with California labor law compliance?

A PEO ensures compliance with California’s wage and hour laws, tax requirements, and employee classification rules, reducing legal risks for businesses.

Are PEOs regulated in California?

Yes, PEOs operating in California must comply with state regulations and are often certified to provide services within the state’s legal framework.

Can a PEO help small businesses in California?

Absolutely. PEOs are especially beneficial for small and mid-sized businesses in California, as they provide access to competitive benefits and ensure compliance with complex labor laws. Also, partnering with a PEO allows small businesses to offer their employees access to big-company benefits plans they’d likely otherwise struggle to afford.

Can a PEO help with compliance in California?

Yes, a PEO can help with compliance in California. One key area where a PEO provides support is with minimum wage laws, which vary significantly by state, and sometimes even by county or city. For example, as of 2024, 30 states and Washington, DC, have minimum wages above the federal rate, ranging from $8.75 to $17.00 per hour. PEOs stay updated on these changes and ensure your business remains compliant, especially if you have a distributed workforce.

Here are other ways PEOs assist with compliance in California:

- Payroll regulations: A PEO helps with proper worker classification, filing tax forms, managing payroll taxes, and adhering to wage and hour laws, such as overtime regulations.

- Benefits laws: PEOs ensure compliance with state-specific and federal benefits regulations, including laws related to COBRA, FSAs, HSAs, and other benefit programs.

- Labor laws: A PEO can manage workers’ compensation, ensure compliance with Equal Employment Opportunity (EEO) laws, display required labor posters, and support OSHA inspections.

By partnering with a PEO, you reduce the risk of costly fines and penalties related to non-compliance, as they handle complex regulations for you.

What happens if I want to terminate my relationship with a PEO in California?

With Playroll PEO, you can switch on and off the PEO any time you want, moving seamlessly onto our workforce management platform. All your data and integrations stay intact in your accoun

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