5 major employee rights California every employee should know

5 of the most important employee rights California employment law include are explained in the article as follows:

Right to have overtime pay

Non-exempt employees have a right to receive overtime pay if they work 8 hours in a workday, 40 hours in a workweek or 6 days in a workweek.

In California, non-exempt workers can also earn overtime pay of twice their regular hourly rate. Employee rights California allows you to get overtime if you work more than 12 hours in a single day or 8 hours on their seventh consecutive day of work.

Protections from wrongful termination

Employees in California also have a right to protect them against wrongful termination. If you are fired illegally then you have the Employee rights California and you can file case against the employer.

Anti-discrimination laws protect a California employee

All California workers are legally protected by the Californian employment laws against discrimination in the workplace. Both state and federal anti-discrimination laws are applicable to protect your employee rights. Make sure you shouldn’t be discriminated based on:

·         Race

·         Religion

·         Gender

·         Sex

·          pregnancy

·         Age

·         Disability

·         Sexual orientation

·         Gender identity

·         National origin

·         Ethnicity

Labor laws protect a worker from sexual harassment

Employee rights California protect them against the sexual harassment in the workplace.

Sexual harassment is of two types:

·         Creating  a hostile working environment with unsuitable behavior that is harsh or enveloping, or

·         Quid pro quo, where a job-related benefit are given to employees in return of sexual favors

Both forms of harassment are prohibited by state law, California Fair Employment and Housing Act (FEHA), and Title VII of the Civil Rights Act of 1964.

Right to take leave to care for a sick family member

Family and medical leave rights come from the California Family Rights Act (CFRA) and the federal Family and Medical Leave Act (FMLA) that allows the worker to take medical leave to take care of your family members.

Contact Cummings & Franck P.C to learn more about your employee rights and get appropriate assistance in case if your employee rights are denied at workplace.

California workplace harassment- How can you get justice for it?

California law prohibits California workplace harassment, whether it is sexual or non-sexual harassment. As per the FEHA- California’s Fair Employment and Housing Act, employees who face harassment at the workplace have the right to sue their employer for damages.

In 2015, the California Department of Fair Employment and Housing- a government agency responsible for implementing California workplace harassment laws- got 5,000 complaints only for sexual harassment.

Complaints about sexual and other forms of workplace harassment are common. Every employer should know about it. Also, the employees should know about their employee rights so they can file a potential harassment case.

Types of workplace harassment

As per California’s Fair Employment and Housing Act, there are two types of California workplace harassment. Check them as follows: 

Quid pro quo harassment- If a supervisor asks an employee to engage in sexual activity as a condition to get benefits at work like promotion, increments, retention, etc.

Hostile environment harassment- This type of harassment occurs when workers harass their employees and creates an abusive work environment for an employee.

How can we help you?

For questions about the California workplace harassment law under Fair Employment and Housing Act, or to discuss your case confidentially with one of our skilled lawyers can help you. Don’t hesitate to call Cummings & Franck P.C today!

Our workplace harassment attorneys provide legal advice and representation to clients throughout California. We have an office in South Bay of Los Angeles County, and we serve across Long Beach, Compton, Manhattan Beach, Hermosa Beach, Redondo Beach, Torrance, the Palos Verdes Peninsula, Harbor City, Harbor Gateway, San Pedro, Wilmington, El Segundo, Hawthorne, Inglewood, Gardena, Carson, Lawndale, and Lomita.

Contact Cumming & Franck P.C today!