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Employment Law Attorneys Alameda

California is considered as one of the most worker-friendly states in the U.S. because of its progressive adjustments of federal employment law, which includes higher minimum wage, broader antidiscrimination employment rules, paid sick leaves, and paid family leaves, among others. All workers in California are carefully protected by a wide variety of employment and labor laws. Once an employer hires you as an employee, the state’s employment laws automatically protect you, regardless of your legal status or where you came from.  

Here is a summary of your legal rights as an employee in California to help you understand the employment laws that will impact your employment. Besides complying with federal and state laws, employers should likewise comply with applicable municipal employment rules. 

Equal Employment Opportunity, Employee Relations, and Diversity

The California Fair Employment and Housing Act (FEHA) does not allow qualified employers (those who employ five or more people) from discriminating against protected characteristics and classes, including: 

  • Color
  • Race 
  • Religion
  • Ancestry and national origin
  • Mental or physical disability
  • Medical condition
  • Marital status
  • Genetic information
  • Sex and sexual orientation
  • Gender, gender identity, and gender expression
  • Age
  • Veteran or military status
  • Pregnancy, including related health issues and childbirth

Retaliation against an employee who reports, opposes, or helps another individual in fighting employee discrimination is not allowed under FEHA. FEHA likewise prohibits harassment, which is considered a type of unlawful discrimination. In addition, employers should provide equal pay, specific pregnancy accommodations, allow discussions around wages, protect whistleblowers, and give employees access to their own personnel files. 

Hiring and Recruiting

Background checks and drug testing for pre-employment purposes are perfectly legal. However, employers are only allowed limited inquiries regarding salary history. 

Hours, Wages, and Benefits

The state imposes specific rules about minimum wage, child labor, overtime pay, rest and meal breaks, as well as breastfeeding or lactation breaks. Employers should also follow strict rules about employee benefits, pay statements, temporary disability insurance, wage notice requirements, wage deductions, and health care continuation. 

Leaves of Absence and Time Off

Employers must provide time off work or leaves of absence, including paid family leave, medical and family leave, emergency responder leave, paid sick leave, and domestic violence leave. 

Health and Safety

Employers should provide employees a safe working environment based on Occupation Safety and Health Administration (OSHA) regulations, including an effective illness and injury prevention plan. 

Termination

You may have a valid claim for wrongful termination if your employee terminated you for discriminatory reasons, in violation of your contract’s terms, or for exercising your legal rights. 

Organization Exit

When your employment ends, your employer should follow applicable requirements for job references, final pay, and notification for mass layoff. 

Speak to an Experienced Alameda Employment Law Attorney Today

Now that you know your legal rights as a California worker, if your employer has violated an employment law or your legal rights, seek advice from our experienced Alameda employment law attorney here at Bogaards Law for further guidance. Our employment law attorneys in Alameda can help preserve your legal rights under state and federal laws and recover compensation from your employer, if necessary. Call us or fill out our online form to schedule your consultation today.

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