What Are My Rights As a California Employee?
You are probably wondering, “What are my rights as a California employee?” You may not know, but your legal rights aren’t limited to just your salary. File an action for wrongful termination if your employer fired or demoted you for any illegal reason. Below are some basic rights for employees in California. Certain benefits, such as overtime pay and attorney fees, are available to you.
Exemptions from overtime pay
The federal Fair Labor Standards Act, (FLSA), establishes minimum salaries for employees exempt from the FLSA. California law however has stricter requirements. You must earn at least twice what the state minimum wage to be exempt. Some highly-paid employees may still be eligible for overtime. You may be eligible for overtime pay exemptions as a California employee if you work in the following occupations.
There are many factors that go into determining whether an employee is eligible for overtime exemption. Specifically, you must spend at least half of your time performing exempt duties. California law also requires overtime to be paid for time spent performing non-exempt duties. You must perform both types. To determine if you are an exempt employee, review the California overtime laws.
Right to leave
You can request a leave of absence from your employer under the California Right to Leave law. This could be in the form of intermittent leave or reduced hours. The employer cannot force you to change your work schedule if your leave is for medical reasons. Employers cannot take your right of leave and exchange it for other benefits. As an employee, you must be given the opportunity to make your time off as productive as possible.
You may be eligible for additional forms of leave depending on your particular situation. Under the California Family Rights Act, employees who work for an employer with five or more employees are entitled to up to 12 weeks of unpaid leave every year. This type of leave overlaps with the FMLA but is more expansive than the FMLA. In addition, the California Family Rights Act applies to domestic partners, as well as children of domestic partners.
Right to receive a corrected paycheck
If you are a California employee and your paycheck is less than the amount you expect, you have a right to a corrected check. The law requires employers to correct mistakes in their paychecks as soon as possible. To avoid being penalized for waiting time, employers must first prove that they didn’t intentionally violate the law. For each day that the employer fails the employee to pay, they will be subject to waiting time penalties.
California labor code SS 226 requires that employers give each employee an itemized explanation of their pay. The statement should contain nine different items of information, including the date, inclusive pay period, and name of the legal entity. These details are often not provided by employers. To protect your rights, it is important to comply with the law. Here are some tips to ensure you get a correct paycheck. Your employer might not give you a correct paycheck.
Right to attorney fees
Under California law, an employee has the right to be reimbursed for reasonable attorney’s fees if he or she prevails in a PAGA claim against their employer. Under the California Code of Civil Procedure, Section 1021.5, courts may award reasonable attorney’s fees to the prevailing party when the employee successfully enforces a public interest right. The employee, who prevails in his or her appeal of the Labor Commissioner’s ruling, can receive fees to cover expenses.
California law allows employees to obtain attorney’s fees only if they prevail in a lawsuit against their employer. This applies only to employers and employees who have been successful. Before 2014, California had a two-way fee-shifting statute under which the employer could collect attorneys’ fees if the worker lost. That created a significant disincentive for workers to sue their employers. While the state has amended the statute, a lack of judicial clarity on the right to attorney fees has been a lingering concern.
