California has some of the most stringent labor laws in the United States, with numerous provisions to protect employee rights. If you are an employee in the state, you must acquaint yourself with your legal rights. That can prevent anyone from exploiting you or subjecting you to illegal conduct. If you suspect your employer is taking undue advantage, you can search online for “labor attorneys Los Angeles” and consult an experienced Los Angeles attorney. Your employer may have to pay hefty fines if they have violated your rights.
Employee rights in the workplace
As the attorney you find by searching for “labor attorneys Los Angeles” will inform you, the employment laws in California entitle employees to these workplace rights:
Minimum wage
If your employer has 25 or fewer employees, they must pay you $13 per hour as the minimum wage and $14 per hour as the minimum wage if they have 26 or more employees. Even if you do contract work where you receive per unit pay, the wages for the total hours you worked must still equal the minimum wage. In service industries, tips are not part of the minimum wage.
Overtime pay
Overtime work is all work over eight hours per day, 40 hours per week, or the first eight hours of work on the seventh day of work in a workweek. You are entitled to receive one and a half times your regular pay for these hours. If you work longer than 12 hours a day or over eight hours on the seventh day of work in a workweek, you must receive double your regular pay.
Meal and rest breaks
You have the right to take reasonable breaks for meals and rest during a workday. The law stipulates ten minutes of break for every four work hours and a 30-minute meal break after five hours of work.
Paid sick leave
The law allows you to get at least 24 hours or three days of paid sick leave per year. You can make use of accrued paid sick leave. The employer must indicate the number of days of paid sick leave available to you on your pay stub and also the number of unused paid vacation days. You can cash in unused paid vacation days.
Safe workplace
You are entitled to work in a safe environment that does not endanger your life and puts you at risk of any injuries. Your employer must have a health and safety program and provide safety training. They must also have workers’ compensation insurance and pay for work-related illnesses and injuries.
Protection from discrimination, harassment, and retaliation
As per the law, your employer or co-workers cannot discriminate against you or harass you for your gender, age, religion, race, color, national origin, ethnicity, disability, health condition, or political views. They cannot subject you to sexual harassment or workplace bullying. They cannot force you to participate in illegal work or retaliate against you for reporting their illegal conduct, discrimination, or harassment.
No wrongful termination
While employment in California is on an at-will basis, employers cannot fire you for illegal reasons. If you have a work contract, they cannot fire you in violation of the contract terms. They also cannot fire you for discriminatory or retaliatory reasons. According to the WARN Act, employers must give 60-days’ advance notice or two months’ salary and benefits if they fire more than 50 employees in one month.
Pay and reimbursement
You must receive work payment at least every two weeks from your employer and get the payment check or cash within ten days of payday. If you are leaving the job for any reason, you must receive the final payment on the last day of work. If you incurred any expenses in carrying out your work duties, the employer must reimburse you for these.
If you have issues with your employer in California, you can get assistance from various state agencies. These include the Division of Labor Standards Enforcement (DLSE), the Division of Occupational Safety & Health (Cal/OSHA), and the Employment Development Department (EDD). You can also search online for “labor attorneys Los Angeles” and seek legal advice and representation from a reputable, experienced, and competent labor attorney.
