LABOR AND EMPLOYMENT LAW OVERVIEW
California offers employees numerous employment and labor law protections. This section provides an overview of the various protections offered to employers in the Golden State.
Understanding California's Employment and Labor Law Protections
California is known for its comprehensive and employee-friendly labor laws, which provide workers with robust protections against discrimination, harassment, wage theft, unfair treatment, and other unlawful practices in the workplace. These laws are designed to safeguard employees” rights, ensure fairness, and create an environment where workers can thrive without fear of exploitation or retaliation.
At Brightwood Law Group, PC, we understand the complexities and nuances of California’s employment and labor laws. Navigating these laws can be overwhelming, and employees often face challenges in understanding and asserting their legal rights. In this article, we provide a basic overview of key labor protections under California law, helping employees understand the various rights they are entitled to, and how these laws may protect them in the workplace.
Fair Employment and Housing Act (FEHA)
One significant source of authority offering protections for employees in California is the Fair Employment and Housing Act (FEHA), which prohibits discrimination or harassment in the workplace based on protected characteristics including:
- Race;
- Color;
- Religion;
- Ancestry;
- Sexual orientation;
- National origin;
- Marital status;
- Sex (including pregnancy, childbirth, and related medical conditions);
- Gender, gender identity and gender expression;
- Disability (physical or mental);
- Military and veteran status;
- Genetic information
FEHA also requires employers to provide reasonable accommodations for employees with disabilities, and ensure that they are not subjected to discriminatory practices or retaliation for asserting their rights. If you believe you have been a victim of unlawful harassment or discrimination in your workplace, Brightwood Law Group, PC is here to help.
California Family Rights Act (CFRA)
The California Family Rights Act (CFRA) provides employees with the right to take up to twelve (12) weeks of unpaid, job-protected leave for specific family and medical reasons, including:
- The birth or adoption of a child;
- Serious health conditions affecting the employee or a family member (including one’s spouse, child, or parent);
CFRA applies to employers with fifty (50) or more employees, and it prohibits retaliation against employees who request family or medical leave. CFRA leave is often a critical component for employees balancing work life with family obligations, and CFRA protects employees from being terminated or penalized from taking leave under CFRA.
Wage and Hour Protections
- Minimum Wage: As of January 2025, California’s minimum wage is $16.50 per hour, and this rate may be higher depending on one’s local city or county. Employers must pay at least the above amount for all hours worked.
- Overtime: Under California law, most employees are entitled to overtime pay for hours worked beyond 8 hours in a day, or 40 hours in a week. Overtime is paid at one and a half (1.5) times the regular hourly rate for standard hours, and two (2) times the regular rate for hours worked beyond 12 in a day or on the seventh consecutive day of work.
- Meal and Rest Breaks: Employees in California are entitled to a 30-minute meal break if they work more than 5 hours in a day. If they work more than 10 hours, they are entitled to a second meal break. Additionally, employees must receive a 10- minute rest break for every four (4) hours worked. Failure to provide these breaks may result in penalties for the employer.
- Pay Stub Requirements: Employers are required to provide detailed pay stubs that include information such as hours worked, wages earned, deductions, and the employer’s contact information. Employees can use this information to ensure they are being paid correctly and to identify potential violations.
Protections Against Retaliation and Wrongful Termination
- Reporting discrimination or harassment;
- Filing complaints with labor agencies;
- Taking medical or family leave under CFRA or FMLA;
- Asserting rights related to wage and hour laws;
- Participating in workplace investigation
Other Protections Under California Law
- Paid Sick Leave: Leave: California requires employers to provide paid sick leave to employees who work at least thirty (30) days in a year. Employees are entitled to accrue one hour of paid sick leave for every thirty (30) hours worked and can use this time for personal illness, medical appointments, or to care for family members.
- Worker’s Compensation: If an employee is injured on the job, California’s worker’s compensation system ensures that they receive medical care, disability benefits, and compensation for lost wages. Employers cannot retaliate against an employee for filing a worker’s compensation claim.
- Whistleblower Protection: California offers protection for employees who report illegal or unethical activities by their employer. Whistleblowers are protected from retaliation and may have standing to pursue a claim if they face negative consequences for their disclosures.
Brightwood Law Group, PC: Deeply Rooted in Justice
California’s comprehensive labor laws are designed to shield employees from unfair practices, and ensure their rights are upheld in the workplace. However, with the complex and ever-evolving nature of these laws, employees can often feel overwhelmed and unsure of how to assert their rights when they may have been violated. Whether you are facing discrimination, harassment, wage theft, retaliation, or any other violation of your workplace rights, Brightwood Law Group, PC is here to support you and fight on your behalf as your legal advocate.
Our experienced team of attorneys are dedicated to helping employees navigate the complexities of California’s labor laws and ensure employees receive the justice and compensation that they deserve. If you believe your employment rights may have been violated, contact us today. at Brightwood Law Group, we are more than just passionate attorneys, we are Deeply Rooted in Justice.
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