In California, various employment laws strictly protect the workplace rights of employees. The laws ensure that people can work in safe, healthy work environments and receive fair compensation for their labor. Employers and their businesses are legally liable if they violate or disregard these laws. If you are an employee and experience rights violations, it might be a good idea to get legal counsel. You can find a competent lawyer by searching online for an “employment rights attorney near me.”
Five employment rights you need to be aware of
Whether you are an employer or an employer, it is essential to be aware of the following five employment rights:
1. The right to work in a safe environment
Employees have the right to work in a safe environment where they are not at risk from unstable structures, deafening noises, dangerous machinery, toxic chemicals, and other hazards. As per the Occupational Safety and Health Act (OSHA) of 1970, employers must ensure that there are no health and safety threats in the workplace. Where necessary, they must provide their employees with appropriate safety equipment and safety training to mitigate risks. If you feel unsafe, consult an experienced lawyer after searching online for an “employment rights attorney near me”.
2. The right to receive fair and equal wages
The Equal Pay Act of 1963 requires men and women who perform similar work to receive the same wages. Employees must also receive fair wages for their work. There are minimum earning levels for both exempt and non-exempt workers. In the case of non-exempt workers, employers must pay the federal or state minimum wage rates and overtime and double-time pay. Since the minimum wage rate can vary by state, county, and city, both employers and employees must check the current rate in their location.
3. The right to be protected from discrimination and harassment
Title VII of the Civil Rights Act of 1964 and other laws require employers with 15 or more employees to refrain from discriminating against their employees based on factors like the employees’ race, color, national origin, ethnic origin, gender, disability, and religion. For employees with more than 20 employees, the law of not discriminating by age also applies. This law applies to employees aged 40 and above and not to younger employees.
Aside from avoiding workplace discrimination, employers must prevent workplace harassment like bullying, intimidation, violence, and sexual harassment. They must investigate these matters after receiving complaints and take immediate action against the perpetrators. They can be held legally liable otherwise. Employees can look up “employment rights attorney near me” and take legal action against them.
4. The right to not face retaliation for filing a complaint
The employment laws in California prohibit employers from taking retaliatory actions against whistleblowers. Employees can file complaints about activities that are illegal, unsafe, discriminatory, or in violation of public policies. The attorney, you hire after searching for an “employment rights attorney near me” will inform you, you have the right to not participate in such activities, to report them, and testify against your employer or coworkers.
5. The right to get meal and rest breaks and leave
Employers must ensure adequate meal and rest breaks for their employees during work hours. Non-exempt employees can take ten-minute rest breaks after four hours during an eight-hour shift. They are also entitled to take 30 minutes off for a meal break before the end of the fifth work hour. Employees who work for more than ten hours can take a second meal break before the end of the tenth hour.
The Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) entitle eligible employees to take unpaid leave without risking job loss. You can take time off to get medical treatment, care for a sick family member, or care for a new child. Disability Insurance (DL) allows up to 52 weeks of leave with paid benefits and Paid Family Leave (PFL) offers up to eight weeks off with paid benefits.
It is important to note that while DL and PFL provide benefits to replace your wages in the period you cannot work, they do not guarantee job protection. You can take FMLA and CFRA leave while receiving DL or PFL benefits.