California employment law covers a wide range of rights and responsibilities that constitute the relationship between each employee and their employer. This law applies not only to current but also to former employees and individuals currently applying for a job position.

Employment law can be a complicated and challenging area to thoroughly understand for everyone because the various worker laws are constantly evolving. However, regardless of whether you’re an employee, employer, or job applicant, you must understand the rights of employees and the duties of employers in The Golden State. 

And in case your rights have been somewhat violated as an employee in California, it’s imperative that you immediately contact an experienced California employment law office like the law office of Omid Nosrati to help you protect your employee rights and secure the compensation you rightfully deserve. Either way, here are your most crucial employee rights as a worker in California.

Your Most Important Employee Rights 

To begin with, workers in California have a reasonable right to privacy in the workplace. This right applies to the employee’s personal belongings like purses, backpacks, briefcases, storage lockers accessible only to the worker, and private email specifically addressed to the worker. 

Employees also have the right to privacy in their telephone conversations. Nevertheless, these rights don’t apply to work email messages and Internet usage while using the employer’s computer systems or networks. 

Here are some of the other essential rights which all employees in California are entitled to: 

• The right to be paid fair wages for the work that the worker performs; 
• The right to a safe and sound workspace that’s free from dangerous conditions that may cause illnesses or injuries;
• The right to a work environment that’s free of discrimination and harassment of all types; 
• The right not to be retaliated against for filing a complaint against the employer.

Besides employees, those who apply for jobs also have their rights, even though they are not technically employees. First, they have the right not to be discriminated against based on characteristics like national origin, religion, race, gender, or age during the hiring process. For instance, an employer may not ask an applicant about their religious beliefs or conduct a background check of a prospective worker without receiving permission from them to do so.

Employment Discrimination 

Discrimination at the workplace is prohibited under federal and state laws. Since the Civil Rights Act was passed in 1964, federal and state governments have passed several laws, which prevent employers from discriminating against workers. The most common types of discrimination that one can see in a California workplace that are strictly forbidden include: 

• Race, religion, and nationality, as Title VII of the Civil Rights Act prohibits employers from discriminating based on color, race, national origin, or religion. 
• Sex and gender discrimination as employers can treat a job applicant or an employee unfavorably because of their sex. 
• Age discrimination as the Age Discrimination in Employment Act (ADEA) prohibits business owners from discriminating against job applicants or employees over 40 years of age.
• Disability discrimination as the Americans with Disabilities Act bars discrimination against those who are disabled.

Wage And Hour Law Violations 

Wage and hour law violations apply to all non-exempt employees, which means that laws relating to meal breaks or overtime won’t apply to you if you’re an independent contractor or a so-called exempt employee.  

In California, all employees must be paid the minimum wage as set out in the state’s hour and wage laws. Currently, as of Jan. 1, 2022, California’s minimum wage is $15 per hour, a $1 increase from 2021. California workers also have the right to overtime pay. Business owners must pay employees “time and a half” overtime for any work done more than 8 hours in one workday or 40 hours in a single workweek.

Employers in California are forbidden to circumvent overtime requirements by demanding or pressuring workers to work off the clock. Instead, they must pay “double time” for any work done over 12 hours in a workday or more than eight hours on the seventh day of a regular workweek. 

In addition, all non-exempt workers who work more than five hours in a workday must be given a 30-minute meal break, and employees who work more than 10 hours a day must get a second 30-minute meal break as well.

Final Thoughts 

Now that you know your fundamental employee rights in California, if your rights are somehow being violated on the job, there are many steps you can take to protect them. Whatever you may need to do, always stay calm and ask for professional help from a distinguished attorney from California to guide you further in the process.