California is renowned for its progressive labor laws designed to protect employees in various industries. Understanding your rights as a worker in California is crucial for ensuring fair treatment and a safe working environment.
Here are ten essential employee rights every worker in California should be aware of in 2024.
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1. Right to a Safe and Healthy Workplace
Every employee in California has the right to a safe and healthy work environment. The California Occupational Safety and Health Act (Cal/OSHA) mandates that employers maintain workplaces free from hazards that could cause injury or illness. The laws in place require an employer to provide necessary safety equipment, implement safety protocols, and offer training to prevent accidents and health issues.
2. Right to Fair Wages (Wage and Hour Law 2024)
California wage and hour law requires employers to pay employees at least the minimum wage, which is set to increase annually. In 2024, the minimum wage for ALL employees is $16.00 per hour. Workers are also entitled to overtime pay at one and a half times their regular rate for hours worked beyond 8 in a day or 40 in a week.
For fast food workers, effective April 1, 2024, the new law sets the minimum wage at $20.00. Some cities and counties may have minimum wages that are higher than the state’s mandated $16.00 rate. For example, West Hollywood sets its minimum wage at $19.08 per hour, while those in San Francisco earn at least $18.07. Rates outside of California are governed by the locations’ respective local and state laws.
3. Right to Rest and Meal Breaks
Employees in California are entitled to rest and meal breaks. For every four hours worked, employees must receive a 10-minute paid rest break.
Employees who work more than five hours in a day are entitled to a 30-minute unpaid meal break. If the workday exceeds 10 hours, California employers should give a second meal break. Note that exempt employees, such as salaried managers or professionals, may not be entitled to these breaks.
4. Right to Paid Sick Leave
California’s Healthy Workplaces, Healthy Families Act entitles employees to paid sick leave. This is an existing law that allows workers to accrue one hour of paid sick leave for every 30 hours worked, and they can begin using this leave after 90 days of employment. Employers may cap the use of paid sick leave at 24 hours or three days per year.
5. Right to Family and Medical Leave
Under the California Family Rights Act (CFRA) and the federal Family and Medical Leave Act (FMLA), eligible employees can take up to 12 weeks of unpaid, job-protected leave for specified family and medical reasons. These reasons include the birth or adoption of a child, caring for a seriously ill family member, or the employee’s own serious health condition.
6. Right to Equal Pay
California’s Equal Pay Act prohibit employers from assigning pay rates as they wish. The law requires that employees be paid equally for substantially similar work, regardless of gender, race, or ethnicity.
Employers must justify any pay differences with legitimate, non-discriminatory reasons such as seniority, merit, or a system that measures earnings by quantity or quality of production.
7. Right to a Harassment-Free Workplace and Protection from Employment Discrimination
Employees have the right to work in an environment free from discrimination and harassment. California’s Fair Employment and Housing Act (FEHA) prohibits discrimination based on race, color, ancestry, national origin, religion, sex, sexual orientation, gender identity, gender expression, marital status, pregnancy, medical condition, disability, age, and other protected characteristics. Harassment based on these characteristics is also illegal.
The law also states that an employer must provide a workplace violence prevention plan, as well as a procedure for workers to report any incidents of discrimination or harassment.
8. Right to Workplace Privacy
California employees are entitled to certain privacy rights in the workplace. Employers must respect employee privacy regarding personal belongings, personal communication, and activities outside of work. However, employers do have the right to monitor work-related activities and communications to ensure productivity and compliance with company policies.
9. Right to Access Personnel Records
Employees in California have the right to access their personnel records. This includes the right to inspect and receive a copy of records related to their performance and employment history. Employers must comply with requests to view personnel files within a reasonable timeframe, usually within 30 days.
10. Right to Protection from Retaliation
California law protects employees from retaliation for exercising their legal rights. This includes reporting workplace violations, filing complaints, participating in investigations, or refusing to participate in illegal activities. Employers who retaliate against employees for these actions may face legal consequences.
Is Your Employer Violating California Labor and Employment Rights? How to Report
If you are experiencing unfair treatment at work, you have the right to file a complaint and seek damages. Here’s how to report employer violations of labor laws in California.
1. Identify the Violation
Common violations include unpaid wages, unsafe conditions, discrimination, harassment, and retaliation. Knowing the type of violation helps in taking the appropriate steps.
2. Gather Evidence
Collect pay stubs, time records, emails, witness statements, and any other relevant documentation to support your claim.
3. Review Company Policies
Check your company’s procedures for handling complaints. Sometimes issues can be resolved internally.
4. File an Internal Complaint
Submit a formal complaint to HR or a designated company representative, providing all relevant evidence. Keep copies of all correspondence.
5. Report to a Government Agency
Depending on the violation, report to the labor commissioner and the appropriate agency:
- Wage and Hour Violations: File a claim with the California Division of Labor Standards Enforcement (DLSE).
- Workplace Safety Violations: Report to Cal/OSHA.
- Discrimination and Harassment: File a complaint with the California Department of Fair Employment and Housing (DFEH).
6. Seek Advice on Labor and Employment Law
Consider consulting an employment lawyer who is an expert in handling labor code violation complaints. A legal ally can help ensure that all paperwork is filled out and deadlines are met. They can also provide better guidance on California labor and employment rights and the proper steps to take in pursuing your claim.
Know Your Employee Rights. If Your Boss Does Not Follow Employments Laws, Call RTM Law Firm for Help. Free Case Review.
The California labor code is in place to protect the rights of employees and ensure fair treatment in the workplace. But violations can still occur, so when these happen, you must know how to take action.
RTM Law Firm has successfully represented clients in various labor and employment law matters, including wage disputes, discrimination claims, sexual harassment cases, and more.
If your employer is not respecting these or is violating any labor laws in California, they should be held accountable for their actions. You have the right to be in a safe and professional workplace in 2024 (and beyond).
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