The labor laws from state to state vary from the federal guidelines with the indication that California offers greater protection to the employee than federal regulations warrant. But what do these laws involve, and how should an employee respond if there’s confusion surrounding a possible violation?
The suggestion is to contact a local counsel, more specifically, an employment lawyer, Los Angeles _ article_6 would have the knowledge and expertise to handle a specific aspect of the law with a greater likelihood for a successful outcome.
These professionals work to inform employees of their rights; for instance, is it possible for an employer to fire staff without cause? How long are you allowed to work continuously without a break?
In many cases, a local Los Angeles employment lawyer will advise a team member to reach out to their company’s human resource officer to attempt to come to a solution.
If that fails, you then have the right to pursue a claim either with “California’s Labor Enforcement Task Force or the Labor Commission.” You can report labor law violations with these entities, or a Los Angeles employment lawyer can assist with complaint filing for you.
Do You Understand Employment Rights In California
Visit for details on employer responsibilities in the state of California regarding employees. The law in Los Angeles, California, stipulates that an employer is defined as (quote)
“(Section 18 of the Labor Code) any person who directly or indirectly or through an agent or another person employs or exercises control over the wages, hours or working conditions of any person.
Section 18 of the California Labor Code states that a ‘person’ is any actual person, association, organization, partnership, business trust, limited liability company, or corporation.” (end quote)
Los Angeles employment lawyers ensure that staff working under employers recognize their rights. It’s indicated that California is among the states noted to protect employee rights in a greater capacity than is directed by federal regulations. Federal guidelines stipulate the following employee rights:
- Discretion pertinent to medical/genetic disclosures made to an employer
- Free to bring allegations of violated laws without fear of retaliation
- Reasonably accommodated based on religious beliefs or medical conditions
- Can expect “equal pay for equal work”
- Enjoy a safe workplace free from hostility or harassment
Some of the inquiries posed to Los Angeles employment lawyers pertain to how much lead way business leaders have with the labor laws to spare some expense.
But as a rule, many employers put great effort into providing an ideal atmosphere for their workforce. Go to https://www.dir.ca.gov/dlse/howtofilelinkcodesections.htm to learn about employers who retaliate and discriminate and how an employee can respond. Let’s look at a few of the most frequently asked questions for legal experts.
FAQs With Employment Lawyers In Los Angeles California
When starting a new position with any company, you should immediately be made aware of your rights and responsibilities as an employee, the policies and procedures of the company, and receive an employee handbook explaining details of how the organization operates.
The employer must comply with federal, state, and local employment laws. In Los Angeles, California, the employee’s rights are stringently protected above and beyond the federal guidelines.
In any case, there are common questions employment lawyers in the local area come across from employees uncertain about the facts. Check out these here.
● What rights do workers in California have
Laws in any state constantly evolve, with California usually adding more to protect the employee. The following are the fundamental rights of a California staff member:
- Free from retaliation in the workspace
- An environment free from harassment and discrimination
- A safe atmosphere with no conditions that could lead to illness or injury
- Fair wages for work performed
- Reasonable breaks between hours/days worked
● Is there a limit to how long you can continuously work without a break
California law dictates that an employee can work “up to 12 days in a row without a day off.” The following is the way the guidelines work:
(quote) “A California employee is entitled to one day of rest in one work week with that week starting on any day of the week. If the week runs from Monday to Sunday, the rest day could be Monday in the first week and Sunday the following week. The rest days don’t have to be the same every week.” (end quote)
● Can an employer fire a staff member without cause in California
The state employs on an at-will basis. That means an employer in California can fire anyone without reason as long as it’s within legal guidelines.
Discrimination could not be used as a cause for termination; however, if a leader dislikes someone’s personality or finds that the individual isn’t performing their job to the employer’s specifications, these are adequate reasons under the law.
If you believe you’ve been wrongfully terminated, seeking guidance from a Los Angeles employment lawyer is vital. The professional will assess the situation and navigate you through the process.
Instances where this is warranted, are an employer retaliating against a complaint filed or instances of harassment or discrimination.
● Can an employee claim overtime after an 8-hour shift or a 40-hour week
Employees considered “nonexempt and hourly” in California have the opportunity to file for overtime wages for their efforts when they exceed their designated work hours. The law stipulates that an employer must pay overtime.
That would entail time-and-a-half for those who work over 8 hours a day. That equates to “1.5 times the regular pay rate for every hour beyond 8.” The same applies to the 40- hour work week.
If you go beyond your 40 hours, the payment will be made at 1.5 times for each hour beyond the 40.
If you reach a 12-hour day, the rate will rise to “two times the regular rate for every hour over.” Plus, you receive double the time if you work overtime for seven consecutive days in a single work week.
One thing to be mindful of is becoming ill from overworking. Fortunately, the guidelines account for employee sick leave, which should be provided without consequence. Read details on these regulations here.
Those finding themselves confused over what constitutes an employer’s obligation or if there has been a violation of a stipulated right will do well to contact a local employment lawyer in California.
One suggestion the legal expert offers is to attempt to speak with the human resource officer to see if a resolution can be achieved before filing a formal legal complaint. It’s always beneficial when two sides can work together to come to a solution amicably.