What Are the Legal Rights of Employees in California?
Managing the ever-changing world of employment law in California can be challenging. The laws that govern employment are constantly evolving, so employers need to stay updated. To better help you understand these laws, in the blog post below, we will review the legal rights of employees in California and the specific duties that employers have.
Legal Rights of Employees in California
California employees have certain rights that are protected by law. These include the following:
Privacy
Employees have a reasonable expectation of privacy in the workplace. This extends to personal phone calls and personal items, taking into account the specific circumstances of the situation. However, employers need to respect and uphold this right to privacy while maintaining a productive work environment.
Workplace Safety
Employees are entitled to a free from hazardous conditions, including physical, chemical, biological, and ergonomic hazards. This also includes employees having access to safety equipment, proper training on workplace safety, and the ability to report any unsafe conditions without fear of retaliation.
Minimum Wage
Employers must be sure they are complying with federal, state, and local minimum wage laws, as well as any applicable overtime rules. Wage and hour claims, lawsuits, and audits continue to be an issue for our clients, and it is critical that employers remain up-to-date on the legal requirements in this area.
Harassment and Discrimination Protection
All employees are entitled to a professional work environment that is completely free of harassment and discrimination. This includes the following types of discrimination:
- Sexual harassment
- Racial discrimination
- Religious discrimination
- National discrimination
- Gender discrimination
- Age discrimination, and
- Disability discrimination
Workplace Retaliation
Employees have the right to be protected from any form of retaliation after they have reported a complaint against their employer. This means that the employer cannot take any adverse action against the employee, such as termination, demotion, or any other form of punishment, for exercising their rights by filing a complaint.
Meal Periods and Rest Breaks
Labor laws mandate that non-exempt employees who work more than five hours in a workday take an unpaid 30-minute meal period. Exceptions and special rules exist in certain industries, which employers should be aware of. Furthermore, employees are entitled to ten-minute paid rest breaks for every four hours worked.
Family and Medical Leave
Employees can take up to 12 work weeks of unpaid leave per 12-month period for specific reasons. These reasons include taking time off due to illness or to care for a new baby. During this leave, the employer cannot terminate their employment.
These laws not only protect a person’s job but also guarantee their right to be reinstated when they return. Additionally, they ensure that their employer continues to provide medical and other benefits during their absence.
Sick Leave
In California, full-time employees can receive 40 hours or five days of paid sick leave per year, whichever is greater. Employers should ensure their Employee Handbook and recordkeeping procedures are up-to-date with the recent changes in California law regarding paid sick leave.
Wrongful Termination Protection
If an employee is terminated in violation of an employment contract, for discriminatory reasons (such as race, national origin, religion, age, or gender), or as retaliation for exercising their legal rights (such as filing a complaint or participating in a legal investigation), the employer may be found to be in violation of employment laws and could face legal repercussions. Furthermore, individuals who apply for jobs, though not yet employees, also have rights. They are protected from discrimination during the hiring process based on characteristics such as race, national origin, religion, age, or gender.
Contact Gould, Hahn, & Reinhardt Today
The experienced employment law attorneys at Gould, Hahn, & Reinhardt are well-versed in the complex laws employers in California face. If you are looking for further information about the employment law in California, contact Gould, Hahn, & Reinhardt today.