Key Employment Laws Every California Worker Should Be Aware Of
California is known for its unique labor laws that protect the rights of employees. Understanding these laws is essential for employees to safeguard their rights and ensure fair treatment at the workplace. Here are some key employment laws every California worker should be aware of:
1. California Fair Employment and Housing Act (FEHA)
FEHA prohibits discrimination in the workplace based on various characteristics, including race, gender, religion, sexual orientation, and disability. This law extends beyond hiring practices and covers promotions, wages, and termination, ensuring that all employees are treated fairly regardless of their background.
2. California Occupational Safety and Health Act (Cal/OSHA)
Cal/OSHA provides employees the right to a safe and healthful workplace. Employers must adhere to safety standards and regulations to minimize hazards. Employees can report unsafe working conditions without fear of retaliation, and they have the right to receive training and information about hazards related to their job.
3. Minimum Wage Laws
As of January 2023, California's minimum wage is set at $15.50 per hour, with scheduled increases expected in future years. Certain cities and counties may have higher local minimum wages, so it's important for workers to be aware of their specific area’s laws. Employers must comply with these laws and cannot pay less than the minimum wage.
4. Paid Sick Leave
California’s Healthy Workplaces, Healthy Families Act mandates that employees earn at least three days (or 24 hours) of paid sick leave per year. Employees can use this leave for personal illness, preventive care, or to care for a family member. This law ensures that workers do not have to choose between their health and their paycheck.
5. Family and Medical Leave Act (FMLA) & California Family Rights Act (CFRA)
The FMLA and CFRA provide eligible employees with the right to take unpaid, job-protected leave for specific family and medical reasons. Employees can take up to 12 weeks of leave per year for situations such as the birth or adoption of a child, serious health conditions, or to care for a family member. California law often offers broader protections than federal law regarding family leave.
6. California Labor Code Section 1198.5
This law gives employees the right to inspect their personnel files. Workers can request to view their files, which must contain records of performance and other employment-related documents. This transparency fosters a better understanding of employment records and protects employees against unfair practices.
7. Sexual Harassment Protections
California law prohibits sexual harassment in the workplace. Employers are required to have policies in place to prevent harassment and provide training to employees. Workers have the right to report harassment without facing retaliation, and they can pursue legal actions against perpetrators.
8. Workers’ Compensation
California’s workers’ compensation laws ensure that employees who are injured on the job are compensated for medical expenses and lost wages. Every employer is required to carry workers’ compensation insurance, which allows injured workers to receive benefits regardless of fault.
9. Whistleblower Protections
Employees in California are protected from retaliation when reporting illegal activities or unsafe working conditions. Whistleblower protection laws encourage workers to speak up without fear of losing their job or facing harassment. It’s important for employees to know their rights in these situations.
10. Meal and Rest Breaks
California law requires that employers provide meal and rest breaks to their employees. Workers are entitled to a 30-minute meal break for shifts longer than five hours and a paid 10-minute rest break for every four hours worked. Employers must understand and implement these regulations to maintain compliance.
Understanding these key employment laws is essential for all California workers. Staying informed about these regulations can empower employees to protect their rights and seek recourse if those rights are violated.