California is home to some of the most progressive labor laws that are designed to promote fairness in the workplace and protect the rights of workers. Despite these legal protections, labor law violations are still a significant problem in many industries. You may ask yourself, “What are common California labor law violations?” With the help of  Los Angeles employment law lawyers, you can get the answers you deserve.

Common Labor Law Violations

Labor law violations are an unfortunate occurrence that many employees face. Often, employers will disguise violating decisions as legal ones. Understanding common types of violations, however, can help you recognize when you may be exposed to them. Common violations include:

  • Wage and hour violations. Wage and hour violations are among the most prevalent labor law violations in the state of California. They include issues related to improper meal and rest break policies, unpaid wages, and refusal to pay overtime.
  • Minimum wage. There is a state-mandated minimum wage in California. It is common practice for employers to fail to pay their employees the legally required minimum wage.
  • Overtime pay. Non-exempt employees who work more than eight hours in a day or 40 hours in a week are entitled to overtime pay. Some employers either fail to pay their employees overtime or underpay them.
  • Meal and rest breaks. Employees are entitled to a meal break and a paid rest break if they work a certain number of hours in a day. In some cases, employers may not offer a break, or they’ll even force employees to work through them.
  • Discrimination and harassment. Discrimination and harassment are still common in workplaces despite the strong legal protections. The California Fair Employment and Housing Act (FEHA) protects employees and applicants from discrimination and harassment, including sexual harassment, based on a protected characteristic, which includes race, sex, religion, age, sexual orientation, disability, and other characteristics.
  • Retaliation. When a California employee reports illegal activity in the workplace or asserts their rights they are protected from retaliation. An employer taking adverse action, such as termination, reduction in hours, or demotion, against an employee for engaging in a protected activity can be liable for retaliation.
  • Wrongful termination. Being terminated for unlawful reasons is considered wrongful termination. Although California is an at-will employment state, meaning employers can generally fire employees without reason, The termination becomes unlawful if it is based on discrimination, retaliation, or violates public policy.
  • Misclassification of employees. Employee misclassification happens frequently in California. It occurs when an employer incorrectly classifies a worker as an independent contractor instead of an employee to avoid providing the worker with certain benefits, like overtime pay and paid sick leave. Misclassification of employees is a common issue in many employment sectors and can lead to severe penalties for employers.
  • Failure to provide paid sick leave. Employers are legally required to provide all eligible employees with at least five full days of annual paid sick leave. Even with this requirement in place, some employees still deny employees sick days they are entitled to or fail to implement adequate sick leave policies.Violations such as these can harm employees and impose a risk to the public, particularly in industries like healthcare and food service, where individuals work closely.
  • Failure to provide accommodations. There are both state and federal laws that require employers to provide their disabled employees with reasonable accommodations so that they can do their job effectively. Failure to provide reasonable accommodations is a common violation in employment industries with high physical demands or in instances where employers have an unwillingness to make the needed adjustments.

These are several of the common employment violations you could experience. California seeks to protect employees because of their valuable contributions to the state’s infrastructure. No matter what type of employment law you may have experienced, you should seek the help of an attorney who can help recover damages and hold your employer accountable.

FAQs

Q. What Is Unfair Treatment in the Workplace in California?

A. In California, unfair treatment in the workplace refers to a coworker’s or employer’s actions that result in an employee being treated less favorably or differently than other employees without a valid reason. Unfair treatment can be harassment, discrimination, wage violations, wrongful termination, and other conduct. If you are being treated unfairly, you can take the appropriate actions to address the situation and put a stop to it.

Q. What Should I Do if I Suspect My Employer Is Violating Labor Laws?

A. If you suspect your employer is violating labor laws, it is vital that you take steps to assert your rights and protect yourself. You can begin by documenting the suspected violations and anything related to them. Ensure you are familiar with the applicable labor laws so that any report or complaint you file is accurate. You can consult with an employment lawyer if you are unsure if any labor laws are being violated.

Q. What Industries Are Affected the Most By Labor Law Violations?

A. The industries that are affected the most by labor law violations include janitorial, construction, healthcare, retail, hospitality, restaurants, and many more. These particular industries are inclined to have labor law violations because of factors like lack of oversight, low wages, and difficult working conditions. Workers can be vulnerable to unfair treatment in these high-pressure environments.

Q. Is There a Limit on How Many Hours an Employee Can Be Required to Work?

A. Some industries place a limit on how many hours an employee can be required to work in a day or week, but many have no limit. An employer can generally require an employee to work overtime and even discipline the employee if they refuse. The employer, however, must pay the employee proper overtime pay and offer the employee at least one rest day in a work week.

We Can Help You Fight for Your Rights

Being aware of these common labor law violations can empower workers to defend their rights and hold their employers accountable for illegal practices. Whether it’s discrimination, wage theft, or failure to provide a suitable work environment, every violation matters, and you can effect change by addressing them. If you believe your employer is violating labor laws, seek legal guidance from our team at California Employment Counsel, APC.