Workers Rights and Employment

Workers Rights and Employment

Empleo en Español

Wage and hour and anti-discrimination laws provide important protections for workers, and generally require employers to treat their employees with dignity and respect. Unfortunately, many employees do not know their rights or are unable to enforce their rights due to intimidation from management. Many employers fail to follow the law because they think it is cheaper to break the law, and/or they simply fail to educate themselves and their management of workers’ rights. At the Flynn Law Office, we are dedicated to defending and advancing workers’ rights. We represent workers in individual cases, multi-plaintiff cases, and class actions.

Wage Theft. Are you a Victim?

Workers-Rights-image-BIGKNOW YOUR RIGHTS AT WORK

Are you experiencing problems at work and you don’t have papers?

Under California law, all workers, regardless of where born, or immigration status, have important workers rights, as explained below.

Are you being paid fairly? Employers are required to:

  • Pay 1 and ½ times the regular rate, when work exceeds 8 hours in a day or 40 in a week.
  • Pay double the wage for after 12 hours in a day, or after 8 hours on the 7th consecutive day.
  • Pay minimum wage, at least $9 an hour (since July 2014), for all time at work.
  • Keep track of all hours worked by an employee, and pay at least minimum wage.
  • Provide an uninterrupted 30 minute break for each 5 hours worked, and a 10-minute break for each 4 hours.
  • To pay 1 hour of regular wages each day when an employee is not able to take a 10-minute rest break
  • To pay 1 hour of regular wages each day when an employee is not able to take a 30 minute meal break.

Experiencing discrimination, harassment, or retaliation at work?

It is generally illegal for an employer to take negative action against a worker because of their race, religion, national origin, physical/mental disability, medical condition, gender, gender identity, or sexual orientation. Retaliation against an employee for complaining about illegal discrimination, or for complaining about unpaid wages, missed breaks, or other working conditions, is generally illegal.

Where do I go? Who do I contact?

The Department of Fair Employment and Housing (1-800-884-1684, dfeh.ca.gov) must receive a complaint of illegal discrimination or related retaliation within one year of the incident, or the employee may lose rights to sue. The California Division of Labor Standards Enforcement (“Labor Commissioner,” http://www.dir.ca.gov/dlse/, Oakland DLSE (510) 622-3273) accepts complaints for unpaid wages and missed breaks, and related retaliation.

For more information, call the Flynn Law Office (510) 893-3226 for a free consultation.