Thursday, July 11, 2013

Types of Labor Law Violations in California Employment

labor law violations

Every California employer is expected to honor its employees’ rights, especially when it comes to matters that reflect with the state’s labor laws. As it is, incurring a labor law violation in California would immediately cause an employer to face stiff penalties. If indeed it has violated one of the important labor laws, it may have to provide aggrieved employee/s relief for the damages and losses they suffered because of it. Basically, California has one of the most protective labor laws, which would surely put employers at a disadvantage if ever they have been found to have subjected their employees to such forms of violations.

If you are an employee in California, it is your right to perform your work in a safe and fair workplace pursuant of the applicable state and federal labor laws. It is your right to be paid the minimum and overtime wages, as well as take advantage of your meal breaks, rest periods, vacations, and medical leaves, and file for worker’s compensation if you have been injured while working. It is also your right to file a complaint with the best California labor law violation law firm if you found that your employer denied you of one of your labor rights.

Typical labor law violations in employment

According to a top California labor law violation law firm, here are some of the common disputes that employers and employees face in employment:
  •  Minimum wage violations. Under current California labor law, the minimum wage in the state is set at $8.00 per hour. As such, you are entitled to wages based on that minimum, regardless of your term of employment—full time, part time, piece basis, or commission basis. However, some employers deny their employees’ right to receive wages in order to save on expenses by not paying the latter on time, underpaying them, or not giving wages at all.
  •  Overtime violations. Likewise, if you are paid hourly or considered as a nonexempt employee, then you are entitled to receive overtime wages. Pursuant to the California labor laws, you are entitled to overtime set at one and one-half times the regular rate of pay for every hour worked beyond eight hours in a workday or beyond 40 hours in a workweek. However, some employers are not responsible enough to provide overtime wages to employees who work beyond the regular hours in a working day.
  • Meal and rest violations. You are entitled to meal and rest breaks, depending on your working hours. If you work more than 5 hours in a single workday then you are entitled to a 30-minute meal period, while you are entitled to two 30-minute meal periods if you work for more than 10 hours per workday. If you meal period is considered “on-duty,” then your employer must not deduct it from your payroll. Regarding rest periods, you are entitled to such in 10-minute duration for every 4 hours you've worked. Your employer must provide you one additional hour of pay at a regular rate for each day you have not been provided with either a meal or a rest break.
  • Employee misclassifications. Some employers often misclassify employees as either exempt (salary paid) instead of nonexempt (hourly paid) or as independent contractors in an effort to save on company expenses. Misclassifying nonexempt employees as exempt means that they are being deprived of receiving overtime and other wages.
  • Record-keeping violations. If you are underpaid or you have not received any wages at all, it means that your employer also failed to abide by the California labor laws regarding record keeping  It is every California employer’s responsibility to adhere to the wage and hour statutes of California regarding keeping employee records. Such details as hours worked, as well as work history and other important wage records must be kept for at least two years for inspection purposes. This will also serve as evidence in case you or your co-workers file wage and hour claims against your employer.

Other deceptive labor law violations. Some employers also engage in unlawful and deceptive labor practices, to include making wrongful deductions in wages, violating company rules on tipping employees, failing to pay past due sales commissions, earned vacation time, and all due wages upon employees’ termination or layoff.

Seeking legal action

Any of these violations, if done on a habitual basis, would mean stiff penalties on the part of the erring employers. So if you are an employee working for a company that is known to engage in any deceptive and unlawful employment practices that are not in pursuant with the wage and hour statutes in California, it is imperative that you seek legal counsel with a California labor law violation law firm in order for you to establish a claim against your employer.

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