Employment Law in California
If you have suffered treatment from an employer in California, learning more about the law can help. Hiring an employment law attorney can help you navigate the process and increase the 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 in California
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 being forced to work 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.
California, like every other state, has unique wage and hour laws. However, federal laws provide minimum requirements. For example, the federal minimum wage is $7.25, but most states exceed that amount.
The Fair Labor Standards Act states that non-exempt employees can only work 40 hours per week at their regular wage. 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.
According to California’s Department of Industrial Relations, the state’s minimum wage is $16.00 per hour for employees who work at businesses with 26 or more employees. Additionally, a California employer may not use an employee’s tips as a credit toward its minimum wage obligation.
Some California employees are exempt from the minimum wage law. These include outside salespersons and apprentices under the State Division of Apprenticeship Standards.
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
There are, however, exceptions to these requirements that may still make you eligible for workers’ compensation benefits. However, if your employer is denying you benefits, you should contact an experienced California attorney for assistance with your case.
Termination Rights under California Employment Law
Your employment is at-will in California. As a result, you can lose your job without notice or 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
California’s Labor Code contains a presumption that employees are employed “at-will”. However, California courts have found that employer policies sometimes overcome this presumption. For example, this may occur if the employer has a progressive discipline policy or offers a contract that requires a good cause for termination.
If you believe your termination was wrongful due to the above circumstances, then contact a qualified California employment law attorney right away. There are limitations on how long you can wait to file a claim.
If you believe your termination was wrongful, then contact a qualified California 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 in the mail after filing weekly unemployment 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 the decision if you receive a denial and think it’s the wrong choice. Working with an experienced California attorney can improve your chances of winning the case.
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.
Some states have laws that force the employer to pay for unused PTO. If you are not given proper PTO, you can file a complaint.
California’s Healthy Workplace Healthy Family Act ensures that employees who work for at least 30 days receive paid sick leave. Employees, including part-time and temporary workers, earn at least one hour of paid leave for every 30 hours worked.
California 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.
Under California’s Fair Employment and Housing Act, sexual harassment in the workplace is a form of sex discrimination. According to California’s Attorney General, sexual harassment refers to both quid pro quo sexual advances and actions that create an intimidating or hostile work environment.
Additionally, California requires all employers with five or more employees to provide one hour of sexual harassment prevention training to nonsupervisory employees. The state also mandates two hours of training every two years.
Work With an Experienced California 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 local lawyer! We can even help you connect with an attorney across California state lines.
Answers to legal questions can often lead to more questions. If you’re seeking more about an area of law in California, we’ve got you covered.
