Know Your Rights as a California Employee | Mann & Elias
Skip links

Know Your Rights as a California Employee

Get Legal Help With an Employment Issue in Los Angeles

If you’re a California employee, you benefit from some of the most protective employment laws in the nation. While federal employment laws set the minimum requirements that your employer must follow, California gives you many additional rights and benefits under state law.

Employment lawyers can protect the rights of employees and determine violations of federal and state. If you are involved in a legal dispute with a current or former employer, you should contact an employment law attorney as soon as possible.

What Are My Rights As An Employee In California?

Knowing your California workplace rights is crucial if you’re facing any legal issues in the workplace. Your basic rights as an employee in California include, but are not limited to:

  • The right to receive fair hours and wages
  • The right to a work environment that is free of harassment and discrimination
  • The right to not be retaliated against for filing a complaint against an employer

Your Rights to Fair Hours and Wages

In California, workers have the right to be paid fair wages for work. As a California employee, federal and state laws offer you protection regarding wages and hours.

The Department of Labor (DOL) protects both exempt and nonexempt employees. While both groups are classified differently for wage and overtime classification, it does not change your legal rights if your employer is violating the law.

The Fair Labor Standards Act (FLSA) is slightly more selective regarding coverage. Some crucial elements defined by this act are:

  • A 40-hour work week is a standard for a full-time job
  • A federal minimum wage is established
  • Overtime is required for certain employees
  • Restrictions are placed regarding child labor

Employers are also required to pay all employees overtime worked in California unless said person is an independent contractor, an exempt employee, or has an alternative weekly schedule.

The law also requires employers to pay a wage rate higher than the minimum wage offered for overtime pay. However, hours worked can be limited or require approval following regulations and standards.

If you think your employer owes you compensation to fair wages, we encourage you to contact an employment lawyer.

Your Rights From Discrimination and Harassment

As an employee in California, it is essential to know that you are legally protected and also to understand what constitutes as discrimination or harassment in the workplace.

All California workers are legally protected from discrimination and harassment in the workplace. Both state and federal anti-discrimination laws apply and are based on, but not limited to:

  • Race
  • Religion
  • Gender
  • Sex (including pregnancy or sexual orientation)
  • Pregnancy
  • Age (40 or older)
  • Disability
  • Ethnicity

Caifornia laws also protect employees and applicants from sexual harassment based on their gender or gender identity by employers, coworkers, customers, or vendors of the employee.

Sexual harassment could involve a multitude of unlawful acts considered to be unwanted sexual advances, visual, verbal, or physical conduct of a sexual nature which include:

  • Requests for sexual favors
  • Unwelcome sexual advances
  • Visual, verbal, or physical harassment of a sexual nature

An employment attorney can help you understand how this behavior becomes illegal when it occurs frequently or is so severe it creates an offensive or hostile work environment.

Your Rights After Retaliation 

Legally speaking, workplace retaliation occurs when an employer disciplines, punishes or chastises an employee for engaging in a legally protected activity. That could include any number of negative job actions, including:

  • Firing
  • Demoting
  • Disciplining
  • Reducing salary or payment
  • Transferring or reassigning

If you complain about discrimination or harassment at work, you are legally protected from retaliation. If your employer demotes you or wrongly terminates your employment after you complain, then you can file a lawsuit against them.

In the lawsuit, you will need to prove the following:

  1. That you engaged in protected activity
  2. That your employer acted against you because of it
  3. That there is a causal link between your complaint and their action against you

A lawyer should evaluate your case to help you understand what you need to do to successfully prove workplace retaliation.

Do I Need an Employment Attorney?

Knowing when to contact or hire an employment lawyer can make the difference between recovering lost time, money, and damages, and never getting compensated for your loss.

If you believe you faced mistreatment in any part of the employment process, don’t hesitate to contact an attorney to learn more about your rights as an employee assess whether your rights have been violated and if further action is necessary.

Employment Law Attorney in Los Angeles

The Law Offices of Mann & Elias is an employment law firm that provides guidance and legal support for individuals facing issues in the workplace.

At Mann & Elias, the employment law attorney and the client are a team. We treat our clients with respect and understanding for their needs, goals and objectives. To ensure that your rights as an employee are fully assessed and protected, our attorneys will represent your best interests and address your concerns at every step of the case.

For an initial consultation and dedicated representation with no upfront fees, contact us by phone at 323-866-9564 or by email today.

Why Choose Mann & Elias?

For over 20 years, we have settled hundreds of claims, completed 100 jury and bench trials, and recovered more than $18 million in settlements. While there are thousands of lawyers to choose from, we strongly believe our success is based on:

  • 50+ years of trial experience
  • Excellent advocacy skills
  • Intense preparation and research
  • Quality care

In the end, our goal is to understand what you need and achieve the best outcome for you by focusing on those needs.


    This website uses cookies to improve your web experience.
    Call| Text |