What Are Your California Employee Rights?
There is a lot to understand when it comes to California employee rights.
Learn all you need to know here.
Introduction
As an employee, you have to follow company policy and rules set forth by your boss. This may lead you to feel as though you don’t have many rights – that it’s either the company’s way or no way. But, the truth is, you do have rights.
The State of California has a long list of employee rights that can protect you in all sorts of situations. Today, we thought we would highlight them so that you understand what protections you have – and then give you some insight on what to do if you feel your rights are being violated.
Your California Employee Rights
The laws in California provide much protection – in addition to those already provided by the federal government. For instance, federal law prohibits discrimination by employers when hiring new employees regarding:
- Race
- Color
- Religion
- Sex
- Pregnancy
- Age
- National origin
- Genetic information
- Disability
In California, employers are prohibited from discriminating against gender, gender identity, and sexual orientation.
Further employment laws include:
Meals and Breaks. All non-exempt employees are entitled to meal and rest breaks during their workday – as long as they are working more than 3 ½ hours in their shift. These breaks include a 10-minute rest break for every four hours of work. And, a 30-minute meal break for work that extends beyond 5 hours. Note that a shift greater than 10 hours allows for two meal breaks.
Overtime Pay. Non-exempt employees are entitled to overtime pay. This is effective when hours are worked in excess of 8 hours per day, 40 hours per workweek, or 6 days in a workweek. Overtime pay is 1.5 times the employee’s regular rate of pay.
Some employees are entitled to overtime premium pay which is two times the employee’s regular rate of pay. This is effective if the employee: works more than 12 hours in a day or works more than 8 hours when starting the 7th consecutive 8-hour day of work.
Sexual Harassment. Sexual harassment happens all too often in the workplace and the victim tends to feel as though they don’t have any right to say something – especially due to fear of creating a hostile work environment or fear of losing one’s job. There are both state and federal laws that protect against this. Rights against sexual harassment are prohibited by the California Fair Employment and Housing Act and Title VII of the Civil Rights Act of 1964.
Sexual harassment can refer to inappropriate behavior or sexual advances as well as a situation in which a benefit or promotion is tied to a sexual favor.
Family and Medical Leave (FMLA). If you have a sick family member at home that needs care, you are entitled to take a limited amount of time off to act as that caregiver, thanks to both the California Family Rights Act (CFRA) and the federal Family and Medical Leave Act (FMLA).
Under this protection, employees of companies with 5 or more employees who are either full-time, part-time, paid by commission, or interns, are eligible for this time off. And, although the law doesn’t require paid leave, it does hold employers liable for maintaining health insurance and providing you with a comparable position (and pay) when you return.
Sick Leave. According to California law, employees have the right to sick leave of three 8-hour shifts per calendar year. Some employees follow the legal requirements while others offer more ideal sick leave.
Minimum Wages. As of January 1, 2022, the minimum wage in California is now $15.00 per hour for companies with 26 or more employees and $14.00 for companies with 25 or fewer employees. Exempt employees must be paid a minimum of $62,400 annually for employers of 26 or more employees; and $58,240 annually for employers of 25 or fewer employees.
Retaliation. Anyone who is facing discrimination in the workplace may feel hesitant to seek help for fear of retaliation. But California law prohibits employers from retaliating against employees for requesting accommodations for disabilities and religious beliefs, bringing to light harassment or discrimination in the workplace, reporting violations of state or federal laws, and so forth.
Wrongful Termination. Employees in California are protected from being wrongfully terminated. Below are a few examples.
- Acting as or participating in whistleblower activities
- Filing a request for workers’ compensation
- Reporting an injury in the workplace
- Using their rights for leave to care for a sick family member
A Violation of Your Employee Rights
There are so many ways in which employee rights are violated. And, if you aren’t aware you had a right, to begin with, then these violations can be left to continue time and time again – with you and the next employee, too.
A few of the most common violations include:
- Intentionally misclassifying employees as independent contractors or exempt so they can avoid having to pay the benefits employees are entitled to them.
- Discrimination
- Retaliation
- Not getting paid for hours, such as being asked to work off the clock
- Not paying commissions – or overtime pay
- Sexual harassment
- Wrongful termination
- Not paying the required minimum wage
So, what can you do if your employee rights are being violated?
Hire an Attorney
Hiring an attorney can help you to fight back for the rights you have. Many employers will try to find ways around the law and hope you don’t notice. However, understanding what your rights are is the first step in protecting yourself.
In any workplace situation when you believe your employer has violated a law, you may want to take the necessary steps within the organization to try to rectify the situation in a copasetic manner. Many times, things can be corrected and moved forward without issue. Though, this is not always the case.
Seeking legal representation to handle your case will ensure that you get compensated accordingly and that your rights are protected. An experienced attorney knows what to look for, how to approach the situation, and what is needed to win at trial should the case make it that far.
The state and the federal government have put these laws in place for a reason – so hold your employer accountable.
Are you in search for a certified attorney to represent you?
Let us help you find one today!