California workers enjoy some of the most robust set of rights in the United States. In most situations, employers act ethically and abide by all of the laws related to worker’s rights. But in far too many situations this does not happen. Workers should become thoroughly familiar with all of their rights to adequately protect them. Knowing these rights can help employees advocate for themselves and potentially take legal action when this becomes necessary.
Right to Fair Wages and Overtime Pay
Workers in California have a legal right to receive minimum wage in accordance with state laws. According to the State of California Department of Industrial Relations, “The minimum wage in California, effective January 1, 2025, is $16.50/hour for all employers. Fast Food Restaurant employers, effective April 1, 2024, and Healthcare Facility employers, effective October 16, 2024 […], have a higher minimum wage.” In addition to minimum wage laws, workers are also protected by overtime laws.
Employees are required to pay time and a half when an employee works over eight hours in a day or 40 hours in a week. They must also receive double compensation for hours beyond 12 in one day. Employers also have a right to be protected against wage theft in this classification. It is relatively common for employers in California to try to circumvent minimum wage and overtime laws by categorizing their workers as “independent contractors.”
Right to a Safe Workplace Free From Hazards
Every employee has a legal right to a workplace that is free from potential health and safety hazards. There are a number of physical hazards that could seriously jeopardize a worker’s safety.
- Workers could be exposed to slips, trips, and falls due to a cluttered workspace or uneven surfaces.
- Workers can be injured by the moving parts of the machinery or equipment that they operate.
- Workers can be exposed to extreme temperatures that may lead to heat stroke or even hypothermia.
- Workers can be exposed to electrical hazards from faulty wiring or working too close to high-voltage equipment.
It is also common for workers to be injured due to exposure to hazardous substances, such as forever chemicals or asbestos. Workers have a right to refuse to perform dangerous work. They can also report hazardous working conditions to Cal/OSHA.
Right to Protection Against Discrimination and Harassment
California’s Fair Employment and Housing Act (FEHA) provides protection from harassment and discrimination in employment because of “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.” Employers have an obligation to prevent and address harassment against employees. When an employer fails to take reasonable steps to protect workers from harassment, this could form the basis of a civil claim.
Right to Take Sick, Family, and Medical Leave
Workers in California also have the right to take periods of time away from work to address personal matters. They have a right to take time for sick, family, and medical leave.
- Sick Leave: Eligible employees in California can take at least 24 hours or three days of paid sick leave away from their jobs. This can be used for a variety of purposes, including personal illnesses as well as medical appointments. It can also be used to care for a sick relative.
- Family Leave: Under the Family and Medical Leave Act (FMLA) and California Family Rights Act (CFRA), eligible employees can take up to 12 weeks of unpaid leave. This can be used to address serious health conditions. Parents can also use this time to bond with their newborn child. It can also be used to care for a sick family member.
- Medical and Disability Leave: Eligible employees are able to take up to four months of job-protected leave if they suffer from pregnancy-related disabilities. Employees may also take up to five days of bereavement leave when certain family members die.
Employers cannot retaliate against or fire employees who take sick, family, or medical leave. They must maintain their jobs and health insurance during this period.
Right to Protection Against Retaliation and Wrongful Termination
Workers have a right to perform their job duties in a safe environment that meets all standards set by Cal/OSHA. They have the right to speak up against unsafe working conditions without fear of retaliation. Employers that retaliate against their workers for whistleblowing can face a number of adverse consequences.
California is one of many states where workers are considered “at will” employees. What this effectively means is that workers can be fired at any time and without reason. However, employers cannot fire workers due to retaliation or discrimination on the basis of gender, age, race, disability, or religion.
Getting Legal Help For Problems in the Workplace
Are you facing issues in the workplace? Whether you’re dealing with discrimination, retaliation, wrongful termination, wage theft, or some other issue, our legal team is here to help. Our labor law attorneys at The Labor Champ are here to serve your needs. We are dedicated to holding employers accountable for their wrongful actions and sticking up for the rights of employees. Whether you just have legal questions or would like an attorney to review your case for free, we can help. You can reach us anytime at 949-727-9300.
