If you believe your rights have been violated by your employer in California, the following are things that every employee should be aware of it. Every employee should know the basics of employment law, what their rights are, what is against the law, and how to find a lawyer who can help you recover. Employment violations are occurring at a stagging rate throughout California, and most employees aren’t aware of it and don’t know how to protect themselves. If you’re not sure, it is critical that you hire the best employment lawyer in Los Angeles, California who can fight to ensure your rights and help you secure the payment you rightfully deserve. Here are some basic rights of an employee you should know about:
If you believe you might be in the following situations, you should definitely learn about your rights and contact an employment lawyer for a free consultation to go over your options.
Is the workplace unnecessarily unsafe and hazardous?
Do you feel like your race, gender, religion, or sexual orientation is impacting you in any way?
Is anyone making sexual advances or making any unnecessary or unwelcome sexual comments?
Are you not being paid what you are owed, including your full wages, for your overtime, and for your breaks?
Are you not allowed to take reasonable meal breaks and rest breaks during your shifts?
Were you punished in any way for complaining about discrimination, harassment, wage violations, or any other improper conduct in the workplace?
California Labor Laws- Wage and Hour
California’s present minimum wage rate is $12.00 for employers with at least 26 representatives and $11.00 for employers with 25 or fewer employees. It will shortly be raised to $14.00 an hour and $13.00 for employers with 25 or fewer employees.
Regardless of your job, title, role, or immigration status, it is illegal to pay employees less than this minimum hourly wage. If you have been paid less, then you should contact an employment attorney who can help you take action against a company that may violate minimum wage laws. Not only will you be able to recover the difference, but you can recover penalties, fees, and costs for the employer’s failure to pay the minimum wage.
California labor laws need an employer to pay overtime to staff, unless otherwise exempt, at the rate of:
One and a 0.5 (1½) times the employee’s regular rate of pay money for all hours worked in more than forty (40) hours in a very work time or eight (8) hours up to and together with twelve hours in any workday, and for the primary eight (8) hours worked on the seventh consecutive day of labor in a week.
Two (2) times the employee’s regular rate or acquire all hours worked in far more than twelve (12) hours during any workday and for all hours worked in far more than eight on the seventh consecutive day of labor in a week.
In California, most people are employed “at will” which means that they can be terminated at any time with or without any justification or good cause. In other words, if you are an “at will” employee, you can be fired at any time and for any reason – even if it’s not a good reason. However, if you are being terminated for an improper or illegal reason, your rights are being violated. For example, you can’t be terminated for any discriminatory reasons or in retaliation for complaining or trying to enforce your rights as an employee. If you are being terminated under suspicious circumstances, you should immediately contact an employment discrimination attorney in Los Angeles, California who knows your rights and can guide you to recovery.
Meals and Breaks
California labor laws need that employers give employees with a meal break of not less than 30-minute when they work more than five (5) continuous hours (more than six (6) hours for employees in the film business in explicit circumstances). California Dept. of Industrial Relations: Meal Periods. Except if the employee is diminished of all obligations during the whole 30-minute mealtime period and is allowed to leave the employer’s premises, the supper time frame should be considered hours worked and paid at the employee’s regular rate of pay. California law just allows employers to give an “on the job” meal period when the idea of the work keeps the representative from being relieved of all obligation and written agreement between the employee and employer then an on-the-job meal period is agreed to.
CA Labor Code Section 512
Defined non-exempt employees should be given a net 10-minute paid rest period for each four (4) hours worked or a significant portion thereof. To the extent that is practicable, the rest period should be in the middle of the work period. A rest period isn’t needed for representatives whose absolute everyday work time is under three and one half (3 1/2) hours. The rest period is considered time worked and thusly, the employers should pay for such periods.
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If your rights are being disregarded at work, there are various steps you can take to ensure your rights. To start with, remain quiet and don’t act on your employer. In the event that you have a work contract, ensure you have a duplicate of it and become familiar with the states of the agreement. Ask your manager or the HR division concerning why you were terminated. Request to see your personal file. You have the right to do so. Ask for and arrange a severance package. Try not to permit your employer to scare you or persuade you into signing anything you would prefer not to sign.
If you think that you are facing similar issues then 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.
Greg Kirakosian of Kirakosian Law is a Los Angeles Car Accident and Personal Injury attorney. As an attorney with years of experience, Greg Kirakosian has been featured on TV and Publications across every medium and platform of note. For appearances, please contact firstname.lastname@example.org.