California has some of the strongest worker protection laws in the United States. But misconduct and workplace violations remain all too common. According to the National Employment Law Project, “Thirty-eight percent of California workers have experienced a workplace violation. Only 10 percent of those workers reported them to a government agency, and almost half (47 percent) did not report violations to anyone.” To take full advantage of worker protection laws, it is essential that employees understand their legal rights. This guide will offer quick tips on employee rights that all workers in California should know.
Rest and Meal Breaks
Pursuant to California Labor Code Section 226.7, all non-exempt workers are entitled to rest and meal breaks. Employees must receive 30 minutes to eat and rest if they work more than 5 hours in a single day. Employers must not require that any worker perform their job duties during this period. Employees are also entitled to 10-minute rest periods for every four hours that they work. If an employer fails to provide these breaks, workers must be compensated with equal to one hour of paid wages for each missed meal period or rest break.
Safe and Healthy Jobs
Every worker in California has a legal right to work in conditions that are reasonably safe and healthy, according to California Labor Code § 6300. Employers must ensure that workers are not exposed to known hazards. Moreover, workers must be provided with all necessary training and safety equipment. This will typically include providing workers with personal fall arrest systems when they work at heights of 6 feet or higher. Employers that fail to maintain a safe environment for workers can face stiff fines and penalties. Workers can also file complaints through Cal/OSHA.
Workplace Discrimination and Harassment Protections
California employees have a legal right to be free from discrimination and harassment. California’s Fair Employment and Housing Act (FEHA) provides protection from harassment and discrimination in employment for many different conditions.
- Age (40 and over)
- Ancestry
- Color
- Creed
- Denial of family and medical care leave
- Disability (mental and physical) including HIV and AIDS
- Marital status
- Medical condition (cancer and genetic characteristics)
- National origin
- Race
- Religion
- Sex and sexual orientation
Any person who experiences discrimination or harassment in the workplace is able to file a complaint with the California Civil Rights Department (CRD). Employers are legally prohibited from retaliating against employees who report discrimination or harassment.
Family and Medical Leave Rights
Employees in California have a legal right to take time away from work for certain family and medical reasons under the California Family Rights Act (CFRA). In particular, employees can take 12 weeks of unprotected leave to bond with a new child. They can also take that same time away for serious health conditions or caring for a sick family member. It is illegal for employers to fire employees during this period.
Taking Action Without Being Punished
It is common for workers to fear that they might be punished if they speak up or take action about unfair treatment or violations in the workplace. However, employees in California should understand that reporting these events without fear of retaliation is their right under the law. According to California Labor Code § 1102.5 (c), “An employer, or any person acting on behalf of the employer, shall not retaliate against an employee for refusing to participate in an activity that would result in a violation of state or federal statute, or a violation of or noncompliance with a local, state, or federal rule or regulation.” If an employer retaliates against an employee, that employee may be entitled to reinstatement, lost wages, and more.
Benefits for the Injured or Unemployed
Workers in California have a legal right to receive medical and financial aid through the worker’s compensation system if they are injured on the job. This system operates through a no-fault insurance scheme. In other words, there is no need for any injured worker to demonstrate any party was at fault. In addition to workers’ compensation, an injured worker may be able to receive aid through a third-party liability claim if an entity separate from their employer caused an accident. There are numerous potential sources of third-party liability for an accident.
- Drivers on the roadway
- General contractors
- Building owners
- Equipment manufacturers
Moreover, employees who lose their job through no fault of their own may also be able to draw benefits through unemployment. This provides temporary financial assistance for workers as they seek additional work. Workers can typically receive unemployment benefits for up to 26 weeks in California.
Minimum Wage and Overtime
Every worker in California is entitled to overtime protection and to receive a minimum wage. As of January 1, 2024, the minimum wage in California is $16/hour. It is all too common for employers to avoid paying overtime. According to one study by the National Employment Law Project, “Over a quarter of our respondents worked more than 40 hours during the previous week. Of those, 76 percent were not paid the legally required overtime rate by their employers.” Non-exempt employees are entitled to receive overtime at 1.5 times their regular rate when working over 8 hours in a day or over 40 hours in a single week. Workers can also receive 2 times their regular pay when working over 12 hours in a single day.
Getting Legal Help For California Employment Issues
It can be hard to know what to do if you’re facing some issue at work. This is particularly true for workers who are contending with discrimination or harassment. Though it is illegal for employers to retaliate against employees if they speak up or take action, this still takes place. No matter what you’re dealing with, a California employment law attorney can help you. The legal team at The Labor Champ is here to help. You can reach out to our office anytime at 949-727-9300.
