As an employee in California, congratulations! According to most Employment lawyers in Los Angeles, California’s laws in terms of employment are some of the most favorable to workers across the country. Under California law, workers are granted many protections and rights that give them a sizeable weapon to use against an employer if they violate them, leading to huge penalties to the employer as restitution to the employee. These rights and protections form an important part of the legal framework used to protect workers and their rights, and prevent the American people from being taken advantage of by their employers.
As any employment law attorney in Los Angeles may tell you, under California labor law, employers cannot force you to waive your rights to the protections offered by the labor law. A recent amendment to California employment laws force employers to abide by California laws, even if the employment agreement is from another state, so long as the employee works in California. This is because many employers sometimes insert a “choice of law” provision in contracts to force employees in other states to adopt the (usually more lenient in favor of the employer) laws of the state the employer belongs to. However, in CA, these “choice of law” clauses are invalid in any employee contract.
What provisions protect employees under California labor law?
The following is a list of the most commonly abused statutes in Californian law:
- Minimum Wage Laws: The minimum wage in California is an hourly rate of $13/hr if the company has 26 or more employees, and $12/hour if a company has less. No employee is permitted to be paid less than this.
- Working Hours: In California, workers cannot be forced to work without being on the clock. All their time that is spent working must be accounted for and paid out.
- Overtime pay: The limit for a standard workday and week are 8, and 40 hours respectively. Any time over this must be paid at more than the normal rate at a factor of
- 5X: For hours over eight and less than twelve a day, or any work on the seventh consecutive day of the week, employers pay time and a half.
- 2X: For more than 12 hours in a single day, or more than 8 hours on the seventh day, employers must pay double time.
- Paychecks: Paychecks and pay periods must also be paid regularly, with a mandated minimum of every 2 weeks. In addition, checks must be received within 10 days of payday.
- Vacation Laws: Under California law, employers can choose to offer paid time off, but this is not mandatory. If they are offered, however, employees must get them cashed out when they leave.
- Business Expenses: Under California law, all expenses that are necessary for performing job duties, such as uniforms and tools must be paid for. Employees mustn’t be liable for any of these expenses and must be reimbursed if they initially paid out of pocket.
What should I do if any of these protections are violated?
If you think that your employer is violating any of these protections, today.
These blogs are meant purely for educational purposes. They contain only general information about legal matters. They are not legal advice, and should not be treated as such. If you have any specific questions about any legal matter you should consult with an attorney.