Top Labor Law Issues in California,

Top Labor Law Issues in California

All employees deserve to work in an environment where their rights are protected. However, many employees aren’t aware of their rights and therefore are unaware when those rights may have been violated. Other times, employees don’t realize that if an employer infringes upon their rights, they can seek damages against that employer. In addition to federal law, employees in California have state-protected rights.

Los Angeles Labor Law Violations

As an employee in California, you have the right to a state-mandated minimum wage. As of January 1, 2020, the mandated minimum wage in California is $12 an hour for companies with less than 25 employees. The state-mandated minimum wage is $13 an hour for companies with more than 26 employees. An employee cannot agree to work for less than minimum wage and an employer cannot legally pay less than the state-mandated wage.

Employers in California are required to pay employees an equivalent of 1.5 times their regular wage rate for any time worked past eight hours per day and 40 hours per week. Additionally, employers are required to pay you double your wage if you worked more than 12 hours a day and more eight hours on a seventh consecutive workday. If your employer does not pay you overtime accordingly, they may be violating California labor laws.

By law, you are provided with the standard minimum rest and meal breaks. If you worked more than five hours a day, you’re entitled to a 30 minutes meal break. If you worked more than 10 hours a day, you’re entitled to a second meal break. However, you can waive these rights if you worked less than 6 hours a day. A denial of your meal and rest breaks is a violation of state labor laws.

Employees are also entitled to state and federally mandated paid and emergency leaves. By law, your employer must allow you to take sick days or emergency leave if you’re sick or a family member falls seriously ill. If an employer prevents you from doing so, they may be violating your labor rights.

Another common labor law issue is the misclassification of employees. One of the most common mistakes employers make is between labeling an independent contractor or employee. Many employers think that an independent contractor can be classified by simply signing an agreement. But that is not the case. In California, employers must use the ABC test to determine if an individual should be classified as an independent contractor. According to the ABC test, the employer must prove that the individual is free from the control and direction of the company in performing work, performs work outside of the usual course of the hiring’s entity’s business, and is regularly involved in the industry that the worker is hired for. If the individual does not meet all of these requirements, employers must classify that individual as an employee.

Consult with a Labor Law Attorney Today

If any of your employment rights have been violated, you can seek damages against your employer. Each employment and labor law case at Mesriani Law Group is handled by an expert Los Angeles labor law attorney with years of experience. Contact us today to see how we can help you get the maximum compensation you deserve against your employer.

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