Basic California employee rights and legal measures

California employees enjoy labor rights as provided by law. Similarly, under these laws employers are mandated to provide employees with equal employment opportunity, and a workplace free from discrimination and hazard.

Here is a list of basic employee rights in California:

• Employees have the right to be protected against acts discrimination on the basis of national origin, ethnicity, race, language, age, gender, marital status, religion, genetic information, or disability.

• Employees have the right to be protected against harassment.

• Employees are entitled to equal pay for equal work. Workers can assert fair compensation for hours rendered and contest discrepancy for unequal wage treatment on the basis of gender or disability. Employers must exercise fair treatment among employees, rendering equal work duties.

• Non-exempt employees are entitled to overtime pay. Employers must pay workers 1.5 times the usual rate for hours rendered beyond eight. Employees are entitled to receive double pay for working beyond 12 hours.

If the worker has to report on the 7th day, the employer must give 1.5 times the usual rate for the first eight hours rendered. A double pay must be given, for hours worked beyond eight. Employees are entitled to receive 1.5 times the usual rate for hours worked beyond 40 in a week.

•  Employees have the right to a workplace free from hazards. Employers have the responsibility to inspect and correct cases of toxic chemicals, dangerous areas or facilities. Employees can report hazardous fumes or activities in the workplace to Occupational Safety and Health Administration (OSHA).

• Employees are also entitled to paid and unpaid leave benefits, including family and medical leave to care for a sick family member or fulfill jury duty.

If your employer refuses to provide your rights, you can follow these steps:

1. Document conversations and potential evidence. Keep a journal of the unfair treatment you have had experienced. It includes internal office communications and internet messaging. If your employer refuses to give overtime pay, collect all your pay check or stubs; and obtain a copy of your time cards.
2. Try to get witnesses. If you have co-workers who witnessed an unfair treatment or misconduct towards you, request them to write the details in paper and have it signed.
3. Talk to the management and seek an Alternative Dispute Resolution (ADR) first. Try to resolve the conflict or re-assert your rights, facing the key administrators who have the power to grant or deny your demands.

If the management or your employer fails to cooperate in the negotiation process, you may file a lawsuit.

Consult with an Los Angeles Employment Lawyer to help you go through the process of litigation.


The Mesriani Law Group has a wide range of legal resources as we work with the best lawyers and litigators in each state across the United States. We offer a unique attorney directory where you can find a lawyer's location and area of practices. For more information contact Mesriani Law Group at 310-826-6300 or visit the main office at 12400 Wilshire Blvd. Suite 810 Los Angeles CA 90025.