What Are My Rights As A California Employee?

Los Angeles Employment Attorneys Provide A Quick Overview Of California Labor Laws Employees Need To Know

As an employee in Los Angeles or SoCal, California labor laws protects your right to work in fair, safe and accommodating work environments. Knowing your California workplace rights is crucial if you are facing workplace discrimination, workplace harassment, wrongful termination, dealing with unpaid overtime or are worried about taking maternity leave.

The Los Angeles employment attorneys of Kesluk, Silverstein, Jacob & Morrison, P.C. are prepared to use their experience with California labor laws and Federal employment regulations to assert your employee rights. For more than 100 combined years of practicing employment law in Los Angeles, we help workers settle wage disputes, discrimination claims and other employment law violations.

Facing Employee Discrimination in the Workplace?

Employee discrimination comes in many forms, and can even begin before your first day on the job. Governed by the Fair Employment and Housing Act (FEHA), California discrimination laws make it unlawful to hire, fire, promote or refuse to promote an employee based upon age, disability, gender identity, national origin, pregnancy, race, religion or sex.

In addition to the FEHA, there are other federal statutes that guard against more specific types of employee discrimination for Los Angeles area workers. For example:

• the Equal Pay Act protects against gender discrimination in the workplace
• the Americans with Disabilities Act bans disability discrimination
• the Age Discrimination in Employment Act protects employees over the age of 40 from experiencing age discrimination at work

Whether your livelihood has been impacted by racial discrimination, national origin discrimination or religious discrimination, our Los Angeles discrimination lawyers are here to defend your right to fair treatment in the workplace. Reach out to the Los Angeles employment lawyers of Kesluk, Silverstein, Jacob & Morrison, P.C. for a free consultation and to learn if filing an employment discrimination lawsuit in California is in your best interest. We can also help defend your rights if your employer has committed a wrongful termination due to workplace discrimination.

Can I File an Employment Lawsuit in California After Wrongful Termination?

Harassment at Work in the Los Angeles, California Area

California labor laws do not tolerate harassment at work. If you are employed in the Los Angeles area and find yourself the victim of sexual harassment at work, or have experienced unnecessary touching and inappropriate comments, contact a Los Angeles harassment lawyer immediately. No one should have to clock into an uncomfortable, demeaning or hostile workplace.

California labor laws also defend victims of repeated harassment at work resulting from racial discrimination, nation of origin discrimination, age discrimination or any other form of employee discrimination.

Our Los Angeles harassment lawyers believe that no employee should be subject to harassment in the workplace. We can help you file a sexual harassment lawsuit or hostile work environment lawsuit.

Domestic Workers’ Rights in California

California law defines domestic workers as people who work in private homes. They may help care for an individual, or they may manage duties related to that home. Domestic workers include live-ins, au pairs, nannies, drivers, caretakers, and more.

A personal attendant is a domestic worker who specifically provides care for a person. These services may include dressing, feeding, supervising, or providing other services to someone.

There are some legal variations between domestic workers and personal attendants. Generally, however, both are entitled to overtime pay. In 2013, California passed the Domestic Worker Bill of Rights, granting this privilege. Overtime typically applies after 9 hours a day or 45 hours a week, depending on the employment contract and specific job.

Unfortunately, it can be easy for employers to neglect paying overtime to their domestic workers and personal attendants, who often work long hours. Perhaps they are simply unaware of their obligations, they are unaccustomed to employing people, or they are intentionally cheating their workers. Whatever the reason, domestic workers need someone who can advocate for them when they are denied their compensation.  Failure to pay wages in California may also entitle you to recover certain penalties in addition to the wages.

Our firm is here to protect the rights of all kinds of domestic workers, no matter the circumstance. We typically start with sending a demand letter.  When your current or former sees that Kesluk, Silverstein, Jacob & Morrison is on your side, a demand letter can often resolve your case.  If not, we will file suit in court to recover your wages and any penalties for the nonpayment of your wages.  Be sure to keep any records of the hours you worked and any witnesses who are aware of the hours you worked.  Either email or call Kesluk, Silverstein, Jacob & Morrison to discuss your case.  It’s a free call and we never charge you anything unless we recover a settlement or win your case.   

California Labor Laws on Paid Time Off and Family Medical Leave Act Requirements

The Federal Family Medical Leave Act (FMLA) and the California Family Rights Act (CFRA), enforce California employees’ rights to take paid family medical leave in a variety of situations. All California employers with more than 50 employees are required to abide by the Family Medical Leave Act.

To meet FMLA requirements, an employee:

• Must be employed at his or her place of work for at least twelve months
• Able to take up to twelve weeks per year of paid family medical leave to look after an ill immediate family member, recover from a serious illness or as maternity leave to bond with a recently born or adopted child.

If you have been denied maternity leave, medical leave or paid time off you are rightly entitled to under the California labor laws, reach out to the Los Angeles employment lawyers of Kesluk, Silverstein, Jacob & Morrison, P.C.. Our Los Angeles FMLA lawyers offer free legal advice and can answer your questions regarding FMLA, CFRA and your right to maternity leave or family medical leave during a free case review.

California Labor Laws Protect against Workplace Hazards

The California Occupation Safety and Health Act (Cal/OSHA) is an employment law that sets strict ergonomic and prevention of repetitive motion injuries (RMI) standards. All California employers must supply their employees with ergonomic equipment as necessary. California OSHA also requires employers to educate employees on any hazardous materials in the area, provide employees with a history of previous employee health and safety records and maintain a safe work environment.

If you have sustained a personal injury at your workplace in California, you could be entitled to compensation for damages, especially if your employer knowingly put you in danger or neglected to enforce safety protocols. If you are working in an unsafe environment or injured because of workplace hazards, speak with our Los Angeles employment attorneys about possible claims against your negligent employer.