CALIFORNIA EMPLOYMENT LAW
Employment Law (or Labor Law) deals with the numerous issues involved in the employer-employee relationship, such as discrimination at the workplace, hours and wages, wrongful termination, disability law, hiring, sexual harassment and termination practices, among others. Employment Law complaints and cases are dealt with in California by the California Department of Industrial Relations.
Although discussing your employment law case with a California employment lawyer is always recommended, certain complicated Employment Law matters require the collection and organization of evidence. For these and other matters such as discrimination claims and wrongful termination claims, the aid of a California employment attorney is necessary.
Why Hire A California Employment Attorney?
Wrongful termination and employment law cases in California involve the intricate interaction of federal and state law, and must be thoroughly examined and convincingly asserted for a positive outcome in your case. California employment lawyers can fight against wrongful termination, structure and argue the discrimination claim against your employer, assist you in filing a claim for unpaid wages, and make sure that you do not waste your valuable time and money arguing an unsuccessful claim.
Additionally, filing wrongful termination claims can be a challenging process for a past employee who does not wish to deal with his former employer. A California wrongful termination lawyer can ease some of the situation's anxiety by communicating with the employer and advising the worker on the best way to recover. With the assistance of a California employment attorney, filing a complaint with the California Department of Industrial Relations becomes a smoother and easier process. If you have concerns or questions about your California employment situation and require a clarification of the benefits and rights to which you are entitled under California employment law, a California employment lawyer can be of invaluable assistance.
Wrongful Termination In California
California is an "at-will" state. Employment "at-will" permits an employer to terminate an employee's employment whenever he desires, and for any cause, so long as it is not illegal, and so long as the employee does not have a contract detailing why and how an employee can be fired. Employees may leave their employment at any time. In California, "wrongful termination" claims can be filed when the reason for the boss' termination of the employee is discriminatory or when the termination is illegal. Illegal reasons for firing a worker in California include:
Contact a California wrongful termination lawyer if you have questions about wrongful termination.
As previously noted, firing a worker based on discriminatory factors is wrongful termination. Federal and California law do not permit employment discrimination and termination against a person who has the requisite qualifications for the position, but who is fired, or not hired because of a disability or an employer viewed disability such as pregnancy or age.
There are several other factors that may be the basis for a wrongful termination lawsuit because of their discriminatory nature: national origin, religion, sex, and race. Get in touch with a California wrongful termination attorney if you believe you have a claim for wrongful termination and want to be successful in your wrongful termination lawsuit.
Employee Wage/Hour Concerns In California
Effective January 1, 2008, the minimum wage in California was $8.00 an hour. Employees in California must at least be paid the state minimum wage, twice a month, on days designated in advance as paydays. The employer must post notice of the time, day, and location of payment. Salaried employees must be paid at least once a month on or before the 26th day of the month.
You should talk to a California employment attorney about completing a Wage Claim for unpaid wages if your employer has not paid you for work you have done. Complete this form and return it to the California Department of Industrial Relations, Division of Labor Standards.
Working overtime-hours worked over 40 per week—entitles you to overtime pay at time-and a half your normal wages. If you work in excess of 12 hours on any workday, you will get paid double your regular rate of pay for all excess hours.
If you seek to file a lawsuit against your employer to recover unpaid wages or overtime, or have questions about how to file a Claim for Wages, seek counsel from a California employment attorney.
California Employment Benefits
California employees may get paid vacation days and holidays, or paid or unpaid sick days, but this is at the employer's discretion and not required by California law. There is also no requirement for an employer to provide medical benefits or life insurance or pension and retirement plans. However, Employers in California are required to provide a meal period for employees who work five or more hours a day, and two meal periods if the employee works ten or more hours per day.
California is one of the leaders in providing maternity leave, or, Paid Family Leave (PFL). Any employee covered by State Disability Insurance is also covered by PFL insurance, and will receive six paid weeks of leave in a twelve month period. In addition, under the federal Family and Medical Leave Act (FMLA) twelve weeks of unpaid maternity leave is mandated.
California disability law requires that short-term disability benefits be paid to those employees who have paid into the unemployment compensation system through payroll deductions. If a California employer chooses to offer short-term disability, he must offer it to all of his employees. In addition, you can find out more about compensation for an on the job injury through a worker's compensation attorney.
If you have been injured on the job, or off the job, you should discuss your case with a California employment law lawyer and discuss the various federal laws that may apply to your case, how they may interact with California laws, and how they can be helpful if you are pursuing filing an action.
California Employment and Labor Law Statutes
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