California is known for its employee-friendly laws. The employment laws of the state ensure a fair hourly pay rate and discourage discrimination. If your rights as an employee are violated by your employer, you can seek damages with the help of an Orange County employment lawyer.
Employers are legally required to meet wage and hour requirements, overpay laws, and more. If an employer violates any of these and causes you financial or other losses, you have a right to legal remedy. Reach out to the team at Kohan & Bablove LLP if you have questions about employment law and your case.
Wage and Hour Laws
Wage and hour laws apply to the work hours and wages of the employees across the state of California. According to the California Department of Industrial Relations, employers with twenty-five or fewer employees must pay a minimum wage of $14 per hour. A wage of $15 per hour must be paid if a business has twenty-six or more employees.
If you work more than eight hours per day or above forty hours per week, this is legally considered overtime. The employer must pay you at 1.5 times the regular hourly rate for overtime. A doubled hourly rate will apply for any work beyond twelve hours per day.
At the same time, a ten-minute rest is mandatory every four hours. This is a paid respite. Another thirty-minute break is mandatory for meals if you work for more than five consecutive hours. This is an unpaid break.
If an employer wrongfully withholds your overtime pay, you can pursue legal action under California law. If your claim is genuine, you are entitled to backpay, attorney’s fees, and other damages. The employer, if found guilty, may also be required to pay penalties over $1,000.
Racial and Gender Discrimination Laws
The California Fair Employment and Title VII of the Civil Rights Act of 1964 apply to racial and gender discrimination in California. Both prohibit discrimination on the basis of race, gender, or other factors.
If you face racial or gender discrimination in regard to your wage rate, privileges, or other terms and conditions of employment, you can file for damages. Your lawyer can help you prepare your claim against the at-fault parties.
Sexual Harassment at Work
Sexual harassment at work can take different forms. You may face direct or indirect sexual harassment at work from your superiors, fellow employees, or an outsider.
It is the responsibility of the employer to prevent such incidents or environments at work. Sexual harassment claims in the workplace can also be cause to recover damages. Talk to your lawyer if your work conditions have been impacted by sexual harassment.
Whistleblower and Employer Retaliation Laws
California laws allow employees to report any legal violations of their respective employers. The California Whistleblower Protection Act mandates that any reporting employees must be safe from the retaliation of their employer.
The employer may still illegally retaliate by firing, transferring, intimidating, or threatening the whistleblower. It may also be in the form of disciplinary action or denial of promotion.
When an employer retaliates, the employee has the right to seek damages. These include damages for lost wages, as well as potential damage to the whistleblower’s reputation.
Contact an Orange County Employment Lawyer
If you have faced retaliation, discrimination, or any unfair treatment at the hands of your employer, we can help. At Kohan & Bablove LLP, our Orange County employment lawyers work with you to protect your rights as an employee.
We can also help you recover fair compensation for any losses you may have suffered due to the employer’s conduct. It all starts with a free consultation with our lawyers. Call us today at 1-844-404-2400 or complete the online contact form below.