Employment Law

Learning more about the process can help if you have suffered treatment from an employer that violates employment laws. Also, hiring an employment law attorney can help you navigate the process and increase your chances of winning your case.

What Is Employment Law?

Employment law covers the rights, responsibilities, and obligations within the employer-employee relationship.

Employment lawyers serve employees and employers, though they generally focus on one or the other. Regardless of who their clients are, their goal is to present a solid case and defend them.

Understanding Employment Law Labor Rights

Employees have a wide range of rights that employers cannot violate. If employers violate these rights, workers can file a complaint against them.

Each state has unique labor laws and some also make provisions for qualifying independent contractors. Below are the most common topics covered in employment law across the country.

Wage and Hour Laws

Laws protect non-exempt employees from working for low wages and a certain amount of hours without increased pay. These are the wage and hour laws. They outline the minimum wages an employee can earn and the maximum hours worked before receiving overtime.

Each state has unique wage and hour laws. However, U.S. law sets the requirements for all states. The federal minimum wage is $7.25, but most states exceed that amount. For example, the minimum hourly wage in California is $16.00 per hour.

The Fair Labor Standards Act states that non-exempt employees can only work 40 hours per week at their regular wage rates. If they exceed that number, the employer must pay them overtime rates at a minimum of time and a half. Some states also require weekend overtime pay, holiday pay, and overtime for working more than a certain number of hours.

Workers’ Compensation

You may have an entitlement to workers’ compensation if you suffer an injury on the job in California. The benefits include payments for lost wages and past or future medical bills.

You must meet these requirements to be eligible for workers’ compensation:

• You must be an employee
• You must have a work-related illness or injury
• Your employer must carry workers’ comp insurance
• You must meet the deadline for filing workers’ comp claims

However, some exceptions may make you eligible for workers’ compensation benefits. If your employer denies your benefits, you should contact an attorney for help with your case.

Termination Rights under Employment Law

If you live in one of the at-will states or your employment is “at-will,” you can be terminated from your job without notice and cause. However, even at-will employees have rights when it comes to termination. A violation of those rights can be a wrongful termination.

Here are some reasons your termination might be wrongful even if you are an at-will employee:

• Written promises or contracts
• Implied promises
• Violations of public policy
• Breaches of good faith and fair dealing
• Workplace retaliation
• Discrimination
• Defamation
• Fraud
• Whistleblowing violations

If you believe your termination was wrongful, contact an employment law attorney right away. There are limitations on how long you can wait to file a claim.

Unemployment Benefits

If you’ve lost your job, you can file for unemployment benefits with the state unemployment agency. The agency will either approve or deny your claim.

If approved, you’ll receive monthly unemployment checks and benefits after filing weekly claims. Still, denials may happen for several reasons, including:

• If you were fired for misconduct.
• You voluntarily quit your job.
• You do not have enough earnings during the work period.

You can appeal if you receive a denial and think it’s the wrong choice. Working with an experienced attorney can improve your chances of overturning the decision.

Paid and Unpaid Time Off

Some states require paid time off and medical/family leave for employees. Oftentimes, this is combined into one singular paid time off, (PTO), amount. Laws can vary from state to state, but typically PTO is accrued over time and you’ll get a set amount per year.

Other states have laws that force the employer to pay for unused PTO. If you are not given proper PTO, you can file a complaint.

Employment Anti-Discrimination Laws

A collection of federal anti-discrimination laws protects workers from employment discrimination. Following are brief descriptions of some of these anti-discrimination acts:

• Title VII of the Civil Rights Act: Prohibits employers from selecting job applicants and employees based on race, religion, color, sex, and national origin.
• Age Discrimination Act: Prohibits discrimination based on age for employees over 40.
• Pregnancy Discrimination Act: Prohibits employers from discriminating based on pregnancy, childbirth, or a related condition.
• Americans with Disabilities Act: Prohibits employers from discriminating against people with disabilities at any time during the application or hiring process or once the person holds the job.
• Equal Pay Act: Requires employers to give men and women equal pay for equal work.

Sexual Harassment

Employees have rights that protect them if a coworker, employer, or client sexually harasses someone in the workplace. Laws also offer protection from retaliation, such as getting fired for reporting a manager. If you or someone you know is being sexually harassed in the workplace, report it to your HR department.

Work With an Experienced Employment Lawyer

If you have employment law concerns in California, working with an experienced attorney can help. The hard part is finding the right one.

Submit a request online or call us today at (866) 345-6784 for a referral to an experienced lawyer in your area!

About the Author

Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.

With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.