California employee rights are a little more encompassing than federal employee rights are – but if you’re an employee in this state, what are you entitled to?
CA Employee Rights at Work
In the state of California, employees have a right to:
You’re also entitled to several other rights. If you believe your employer has violated any of your rights – even those not listed here – you may want to talk to a Glendale employment lawyer as soon as possible.
Equal Pay is a CA Employee Right
When employees perform substantially similar work under similar working conditions that requires similar skill, effort and responsibility, employers must pay them the same rate regardless of gender, race or ethnicity. The only exceptions are when employees are paid based on a:
- Bona fide factor other than sex, race or ethnicity
- Merit system
- Seniority system
- System that measures earnings by quantity or quality of work
Meal and Rest Breaks for California Employees
Most employees are entitled to meal and rest breaks that correspond to how long they’ve worked. Provided that you’re not an exempt employee, you’re entitled to:
- One 10-minute rest break during a shift lasting between 3.5 hours and six hours
- Two 10-minute rest breaks during a shift lasting between six hours and 10 hours
- One 30-minute meal break during a shift lasting more than five hours
- Two 30-minute meal breaks during a shift lasting more than 10 hours
Paid Leave is a CA Employee Right
Under the Family Medical Leave Act, or FMLA, and the California Family Rights Act, or CFRA, employees who are eligible can take up to 12 weeks of unpaid leave under certain conditions, such as:
- Childbirth and care of a newborn
- Caring for a newly adopted or fostered child
- Caring for a spouse, child or parent with a serious medical condition
- Taking medical leave for a serious health condition
- Any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter or parent is a covered military member under the FMLA
Overtime Pay for CA Employees
In California, you’re entitled to overtime pay in some cases.
|8 or more per day||Time and a half|
|40 or more per workweek||Time and a half|
|7th consecutive day in one workweek||Time and a half|
|12 or more per day||Double time|
|Over 8 hours on the 7th consecutive day in a workweek||Double time|
The term time and a half refers to one and a half times the employee’s regular rate of pay, so if the regular rate is $10 per hour, the time and a half rate is $15 per hour.
The term double time refers to twice the employee’s regular rate of pay, so if the regular rate is $10 per hour, the double time rate is $20 per hour.
A Discrimination-Free Workplace is a CA Employee Right
Discrimination is illegal in the workplace. Employees are entitled to a workplace free from:
- Age discrimination
- Disability discrimination
- Employment discrimination
- LGBT discrimination
- Pregnancy discrimination
- Racial discrimination
- Religious discrimination
Other Protections for Job Applicants
As of January 1 of this year, California law prohibits employers from:
- Asking job applicants about their current or past salaries and benefits
- Trying to get that information from other sources
- Relying on salary or benefit information to decide whether to offer a job, or what salary to offer for that job
Has Your Employer Violated Your CA Employee Rights?
If you believe your employer has violated your rights, you could benefit from talking to a Glendale employee rights attorney as soon as possible.
Call us at 818-805-6145 for a free case evaluation now. We may be able to help you get the compensation you deserve.