Educating yourself on basic employee rights is the best way to ensure you are treated fairly on the job. Importantly, even undocumented workers are entitled to benefits, minimum wage, and overtime pay. Regardless of protections in California, employers sometimes mislead workers on employee rights. In other instances, people don’t know their rights in the first place.
Whether it be refusing to offer workers’ comp coverage if you are injured on the job or misclassifying you as a contractor, there are many ways that employers can create hostile work environments. Other violations of labor rights include sexual harassment, wage violations, and discrimination..
No matter how big or small your concern, working with an attorney like those at Casa de la Justicia is essential if you feel that your rights may have been violated.
What are Workers’ Rights?
Since there is no single definition of workers’ rights, every nation and state have slightly different interpretations of this important concept. According to the U.S. Department of Labor website, the International Labor Organization (ILO) has identified “fundamental principles and rights” that should be universally accepted.
The ILO promotes key objectives that are widely recognized and enforced in California. These basic employee rights include:
- The ability to bargain as a group.
- Outright bans on forced labor and child labor.
- The right to not be discriminated against at work.
Beyond these fundamental standards, the ILO also advises on other key criteria such as workplace safety, minimum wage, and employee classifications.
Do you feel like or know your employee rights in the workplace have been violated? Casa de la Justicia is here to help you no matter your legal situation! Give us a call at 1-800-840-8080 for a free consultation.
What are California Employee Rights?
No matter your race or nationality, you have inalienable rights as a worker in California. Even if you are an undocumented employee, California has protections in place from the moment you are hired on a job.
Discrimination
Regardless of your race, gender, nationality, medical condition, religion, or sexual orientation, every employee in California must be treated equally under state law. In fact, discrimination laws are in place to protect you during interviews, while at work, as well as when being terminated or transferred.
Wages & Overtime
Always be sure to check the hours you worked versus your total pay. Not only are you entitled to a minimum wage of $14 per hour in California, but you are also owed overtime in the event you work more than 40 hours per week.
Sexual Harassment
The California Civil Rights Department describes sexual harassment as “unwanted sexual advances or visual, verbal, or physical conduct of a sexual nature.” Some forms of sexual harassment might be less obvious than others, such as certain expressions and mannerisms.
Workers’ Compensation Benefits
No matter if you are a full-time or part-time worker, your employer must pay workers’ compensation in the event you are injured on the job. Not only should you have your medical expenses covered, but you should also be compensated for time missed at work.
Pregnancy
If you work for a business that has at least 5 employees, California will protect you in the event that you become pregnant. In fact, California laws guarantee that you have “the right to reasonable accommodations and the right to time off from work. It is illegal for employers to … discriminate against someone because of pregnancy, childbirth, or a related condition.” Additionally it is important to understand that not only are you guaranteed the right to time off from work you also have the right to retain your job. Meaning you cannot be fired under most circumstances for being pregnant.
Safe Workplace Conditions
It is also the responsibility of your employer to provide safe workplace conditions. This means not only meeting basic safety standards like OSHA, but also guaranteeing that you feel safe in the event you need to file a complaint.
Ample Break Time
As an employee in California, you are entitled to meal breaks and other rest periods on the job. Aside from a break or lunch or dinner, you are also allowed a single 10-minute break for every 4 hours worked.
The Ability to Take Action
If you feel that your employee rights have been violated, you should be able to speak your concerns to your employer. Beyond voicing your qualms at work, you should not meet any resistance in filing a workplace violation claim with the state of California.
How Do I File a Complaint Against My Employer in California?
California put together the Labor Enforcement Task Force (LETF) as a resource for reporting employee rights violations. The State of California Department of Industrial Relations explains the organization this way, the LETF “is a coalition of California State government enforcement agencies that work together … to ensure employees are paid properly and have safe work conditions and honest, law-abiding businesses have the opportunity for healthy competition.” If you feel that your California employee rights have been violated, you can contact the LETF via phone at (855) 297-5322, as well as by email or online form.
To ensure that you take the appropriate steps for filing a complaint against your employer, you should also contact the attorneys at Casa de la Justicia. Give us a call at 1-800-840-4040 and in just 10 minutes we will let you know whether or not you have a case. Even better, we will get you the compensation you deserve if a workplace violation has taken place.
Questions About California Employee Rights? Contact Us
As experts in California labor law, Casa de la Justicia has seen firsthand how employers take advantage of workers – especially undocumented immigrants. Please Contact Us if you have additional questions about employee rights.
