Common Questions Regarding California Labor Laws
There is a lot to unpack when it comes to answering questions about California labor laws.
Learn everything you need to know here.
Introduction
The labor laws in California are put in place to protect employees. It has safeguards in place that can vary greatly from those put forth by the federal government. This includes more in-depth discrimination laws protecting a broader group of people, a higher minimum wage than most other areas of the country, and paid leave.
Employers are legally obligated to adhere to California labor laws – in addition to federal laws. Unfortunately, they don’t always do so. And, if employees are not aware of their rights – they could be taken advantage of.
Knowledge is power. So, below you find some common questions regarding California labor laws.
What are the Basic Rights of an Employee in California?
While there are many rights provided for in the list of California labor laws, there are a few basic rights that employers must meet. These include:
- The right to a fair wage.
- The right to fair breaks.
- The right to a workplace that is discrimination and harassment-free.
- The right to a safe workplace.
Not having these basic rights met at work should prompt you to take action.
What Questions Can’t an Employer Legally Ask in an Interview?
Due to protections set forth by the Americans with Disabilities Act (ADA), it is illegal for an employer to ask about physical or mental health disabilities before an offer of employment is made. Questions about medications, past workplace injuries, mental health conditions, and more cannot be asked. Once an offer of employment is made and accepted, the employer can ask these questions as they are legally required by the same set of laws to provide the necessary accommodations so you can be successful at the job.
Other questions that an employer cannot legally ask include things like questions about age, marital status, sexual orientation, religion, if you are pregnant, and other discriminatory things. When it comes to asking certain personal questions, such as whether or not you have kids, is not illegal – unless it is used to discriminate during the hiring process.
If you feel as though you have been discriminated against during a job interview, it is important to protect your rights – for you and all the other applicants.
How Long Does an Employer Have to Cure a Paycheck Error?
According to California labor law, there is no specified time for curing issues with paychecks. But, an erroneous paycheck that isn’t corrected can easily be overstepping a legal barrier for the employer – and they will want to fix it immediately.
When it comes to your rights as an employee, you may submit a claim with the California Labor Commission regarding the issue – especially if it is in reference to being underpaid.
What Does California Labor Laws Say About Overtime?
Employers are required to pay overtime pay to hourly non-exempt employees. Though this pay is often 1.5 times your normal pay rate, the frequency and amount require a little more in-depth explanation.
- Employees who work more than 8 hours in one day are entitled to 1.5 times their normal pay rate for anything over those first 8 hours.
- Employees who work 40 or more hours in one week should be paid 1.5 times their normal pay rate for anything worked above and beyond.
- Employees working the 7th consecutive day in one work week are entitled to 1.5 times their normal pay rate.
- Employees who work 12 or more hours in one day are entitled to 2 times their normal pay rate for this time worked over.
- Employees who work beyond 8 hours on the 7th consecutive day of work should be entitled to 2 times the regular pay rate.
Does an Employer Need a Reason to Fire You in California?
No, an employer does not need a reason to fire you. The State of California is considered an at-will employment state which means your employer can fire you for any number of reasons – as long as that reason is not discriminatory in nature. Otherwise, you may be able to take legal action.
In the same token, as an employee, you are able to quit without providing your employee a 2-week notice since, again, it is an at-will work state.
What is Wrongful Termination?
Above we mentioned that California is an at-will work state and your employee can fire you for a multitude of reasons – or no reason at all. However, there are some instances in which it is illegal to do so. And this is considered wrongful termination. It includes things such as being fired for:
- Discrimination.
- Protected absences due to family leave, for instance.
- Workplace retaliation.
- Failure to commit an illegal act.
If you believe that you were wrongly terminated, it is important that you seek an experienced employment attorney right away.
If I Quit, How Long Does My Employer Have to Give Me My Last Paycheck?
Resigning from your position with a company, regardless of the reason, entitles you to receive your last paycheck within 72 hours, according to California labor laws. Anything longer than this and you may want to take action. Keep in mind that you may be entitled to fees known as Waiting Time Penalties. This is equivalent to one day’s pay for each day you were made to wait after the 72 hours.
It is up to you if you want to decide if you’d like to negotiate the payment, file a formal administrative wage claim with the California Division of Labor Standards Enforcement, hire an attorney to make the negotiations, or file a lawsuit.
Your pay is earned and rightfully yours – and the law protects that.
Hiring an Attorney
There is so much involved in California’s labor laws that we could keep going and going with your questions. The good news is that there is help available. If something doesn’t feel right with your employer, such as being the victim of discrimination, or if your pay stubs just aren’t adding up right – it is time to speak to someone.
Find an experienced employment attorney who can help guide you on the right path, protecting your rights all along the way.
Are you in search for a certified attorney to represent you?
Let us help you find one today!