Employees in Glendale, Los Angeles, and everywhere else in California are protected under state and federal laws—but how far do those protections go? What are “employee rights,” and how do they apply to your situation?
What Are Employee Rights?
The term employee rights refers to the basic rights you have in the workplace when you work for another person (or company) while you’re classified as an employee.
Who Counts as an Employee?
An employee, under the Internal Revenue Service’s definition, is anyone who performs services for an organization if the organization can control what will be done and how it will be done. Other key hallmarks of an employee include:
- A specific wage or salary
- An implied or written contract
- The employer’s control over the work accomplished
In order to determine whether someone is actually an employee, you can use these three criteria: Behavioral, financial, and type of relationship.
Behavioral
Does the company have the right to control what the worker does, and how he or she does it?
Financial
How is the worker paid, and is the worker reimbursed for personal expenses? Who provides supplies, tools, and other necessities for the job?
Type of Relationship
Is there a written contract in place? Does the worker receive benefits, such as a pension plan, vacation pay, or insurance?
Types of Employee Rights
All employees are guaranteed basic rights under the law, and those rights include the right to privacy, the right to fair compensation, and freedom from employment discrimination. Employees also have the right to safe work conditions and overtime pay, as well as the right to take breaks while you’re at work.
The Right to Privacy in the Workplace
Employees have the right to privacy in the workplace, but within reason. Employers can monitor internet use and email communications, as well as phone calls and voicemail messages, provided that these uses take place on the employer’s devices.
The Right to Fair Compensation
Federal and state laws combine to ensure that employees are paid a fair wage in exchange for their work. The minimum wage law applies here, as does the Fair Labor Standards Act, or FLSA, which says that employees must receive overtime pay for working more than 40 hours in one week.
Freedom From Discrimination
Federal and state laws protect employees in California from discrimination in the work place, including:
- Age discrimination
- Disability discrimination
- LGBT discrimination
- Pregnancy discrimination
- Racial discrimination
- Religious discrimination
The Right to a Safe Work Environment
The Occupational Safety and Health Administration, or OSHA, mandates that employers must provide their employees with work conditions that are free from known dangers. Further, employees have the right to refuse dangerous work if the working conditions are unsafe or unhealthful.
Has Your Employer Violated Your Employee Rights in Glendale, L.A., or Elsewhere in California?
If your employer has violated your employee rights, you may benefit from talking to a Glendale employment attorney who’s ready to fight for you.
Call us at 818-617-9706 or toll-free at 800-774-4163 for a free consultation with a skilled employment attorney. Your consultation is confidential, and we can give you case-specific legal advice that helps you move forward in a positive direction.
