As an employee-friendly state, California has wide-ranging regulations aimed to protect employees and to curtail employers’ excesses. One of such laws is California labor law breaks. The law provides most California employees with the legal rights to meal and lunch breaks as well as one or more mini-break periods. The reason is to enable employees re-energize and reset during their work shifts as well as to reduce safety-related incidents in many industries.

In this post, we are going to consider the California labor law breaks, California’s meal and rest period requirements, your right to breaks, limitations, and what to do if your break rights are ever violated.

WHAT ARE BREAK PERIODS?

Break periods are time set aside exclusively for employees. Under the California Labor Code Section 512, California employers are required to give their employees some minutes or hours of uninterrupted breaks. During these break periods, the law prohibits employers from encumbering employees with work activities. If an employee is still required to engage in work or work-related activities during any break periods, it shows that the employer has not relieved the employee from work duty for the particular break. Failure of an employer to give an employee adequate breaks can result in steep fines from the state.

CALIFORNIA BREAK REQUIREMENTS (NON-EXEMPT EMPLOYEES)

Generally, non-exempt employees are entitled to the following rest breaks and meal breaks for the corresponding working hours:

Fig 1.

Fig. 2

REST BREAK REQUIREMENTS (NON-EXEMPT EMPLOYEES)

The California labor law breaks provision requires that non-exempt employees should take rest breaks during their work shifts, and the employers must adhere to providing the same. Below are some requirements that come with rest breaks:

• Employers must give employees uninterrupted 10 minutes rest break for every four hours of work or fraction thereof
• Employers must relieve their employees of all duties during the rest break
• Rest breaks are work time and as such must be paid
• The break should be taken near the end of the employee’s work period.

The California labor law breaks provision applies uniformly to industries under 15 Orders, including the motion picture industry. But there is an exemption to professional actors, and personal attendants under the Household employment Order. Under all Orders, except for private household employment, the DLSE may grant an exception to the rest break law upon an employer’s application based on unjustified hardship, provided such an exception would not significantly affect the comfort and welfare of their employees.

MEAL BREAK REQUIREMENTS (NONEXEMPT EMPLOYEES)

Just like rest breaks, the California labor law Breaks provision also provides employers with some restrictions when it comes to meal breaks. Below are some requirements that come with lawful meal breaks.

• Employers must provide employees with 30 minutes uninterrupted, unpaid meal break after every 5 hours of work
• Relinquish control of the employee’s activities
• Employees must be relieved of all duties;
• Employers do not have to ensure employees take those breaks.
• Employees may decide to have their meal break onsite or leave the premise to use their break as they wish.
• Employees must take an additional meal break especially for long shifts

Employers cannot:

• Impede or discourage their workers from taking meal breaks anywhere;
• create inducement towards skipping meal breaks;
• create a culture that encourages skipping meal breaks

Although the 30-minute meal break is unpaid, employees can agree with their employer to an on-call meal break, which counts as time worked, and payable – details of this later.

 WAIVER PROVISIONS TO MEAL BREAKS

The California labor law allows the 30-minute meal period to be waived by mutual consent of both the employee and the employer, under the following circumstances:

• When an employee’s work period for a workday does not exceed six hours. In this case, neither the employer nor the employee can be forced to waive the meal break. For instance, if the employer wants to waive the meal break, but the employee does not, then the meal break can’t be waived.
• If the total number of hours worked by the employee does not exceed 12 hours, then the second meal break may be waived subject to mutual consent of the employee and the employer and employee provided that the first meal period was not waived

NOTE: Neither the California Labor law breaks provision, nor the Wage Orders require that either of these waivers be in writing. But such an agreement should be put in writing whenever possible.

ON-DUTY MEAL BREAK AGREEMENT

Generally, the California labor law restricts an employer from allowing their employees to continue working or be “on-duty” during meal breaks. Unless the employee is relieved of all work duty during the entire meal break and is free to leave the work premises, the meal break is considered “on duty.” It is legally the same as denying the workers their meal breaks, and the employer has to compensate the employee for the meal break at the worker’s regular wage.

However, some exemptions exist where an “on duty” meal break period are legally permitted. Whether or not the nature of the job prevents a worker from being relieved of all work duty can be very difficult to justify. An employee and an employer may not agree to an “on-duty” meal break except, based on objective reasons, where:

1. The employee works over six hours, and the nature of the work does not allow the employee to be relieved of all duty, e.g. a lone security guard positioned at a remote site
2. There is a written agreement between the employee and the employer, and on-the-job meal is agreed to. The written agreement must indicate that the employee may withdraw the agreement at any time.

To implement on-duty meal break, an employer should first consult a qualified employment counsel for guidance.

LIMITATIONS ON BREAKS

The California Industrial Welfare Commission (CIWC) allows employers to make their workers stay on-premise during a meal break. In this case, the meal break would be considered to be paid time. That implies that the employer must compensate the workers at their regular pay rate for the length of the break. Likewise, employers may require their workers to be onsite during rest breaks. However, the employer cannot mandate the employee to work during the rest break. Employers also have the right to logically limit the amount of time their workers take to use the restroom outside of the required breaks, and by no means should an employee extend breaks using the restroom at the end of the break.

WHAT IF EMPLOYEES ARE DENIED THEIR RIGHTFUL CALIFORNIA BREAKS?

Your California employer is not doing any favor by letting you take a rest break or meal break. They are strictly required to do so. Consider this: if an employee is eating during his meal break and the employer or his boss calls him to review or do anything work-related. If the employee puts his food aside and works even for just a minute, then the employer has just denied the employee their meal break right because the employee’s break was interrupted by work activity.

If your employer fails to provide proper breaks, whether by (i) reducing your break time (ii) preventing you from taking a break (iii) Pressuring you to work through some or all of your break period or (iv) not providing any breaks at all, then you are entitled to an additional hour of pay at your normal hourly rate. This would be for each day you did not get a proper break.

For instance, if an employer denied an employee a proper rest break and meal break, then the employer owes the employee two additional hours of pay for that day. And if the employee is denied a proper break for an entire year, say 250 workdays, then the employee may be entitled to damages equal to 250 workdays multiply by employee wage rate for the breaks employee was denied. So if an employee is making $15/hour and the employee is denied meal break, then that would be $3,750 in extra wages that the employer owed the employee.

There are technicalities and nuances to California’s labor law breaks provisions, which is why it is advised that you consult a California employment attorney if you think your employer has violated your rights.

WHAT IF EMPLOYEE SKIPS THEIR BREAK?

If the employer provides meal break to an employee, but the employee willingly and voluntarily decides to skip the meal and work during the break period or eat while working, the employer would not owe employee any additional wages or penalties. The California labor law breaks only require them to provide those break times. Whatever the employee does during the break is up to the employee. If, on the other hand, the employee is pressured to skip a break, or the employee feels they will be criticized or denied perks or advancement if they take their full breaks, or if the employee has to skip breaks to meet work deadlines, then the employer might still be penalized. You can talk to a California employee rights attorney to discuss your situation.

EXEMPTIONS TO THE CALIFORNIA LABOR LAW BREAKS

There are exceptions to the rules regarding California labor law Breaks provision. Pursuant to Labor Code sections 512 and 226.7, and Industrial Welfare Commission Wage Orders 11 and 12, salaried workers who work in some professions (like motion picture or broadcasting industries, commercial drivers, construction workers, private security officers, etc) and meet some minimum earning conditions are exempted from most of the labor laws that apply to non-exempt employees. Further, employees working under a collective bargaining agreement may not be subject to the rules regarding meal periods.

For an employee to be classified as exempt;

• They must have spent more than half of their time doing managerial, intellectual, and creative works.
• Their primary duties must be executive, administrative, or professional tasks.
• They must regularly make decisions and exercise independent judgment.
• They must earn a monthly salary no less than twice the California minimum wage.

Even though most exempt employees are not qualified for rest breaks, they are still entitled to meal breaks. An employment attorney can examine your particular situation further to see if you qualify for rest and meal breaks.

CALIFORNIA BREAKS PENALTIES

Break periods are counted as hours worked. For no reason should an employer deduct pay from the time taken for an authorized break period. If an employer denies their employee a proper meal or rest breaks, the employee is qualified to receive extra wages under California labor law breaks provision.

To pursue the claim, the employer can:

• Try things on their own (without a lawyer’s help) and ask their employer for those extra wages. If the employer is one of those who wants to do the right thing, then congratulations! The employee should let the employer know of the extra wages owed, and if it turns out valid, they will pay the employee in full with little hassle. But if the employer refused to pay, then the employee may have to:
• File a complaint in court;
• File a wage claim with the Labor Commissioner or DLSE
• Contact an employee rights lawyer and get help in trying to persuade the employer to pay the employee what they are owed and to help the employee decide on and apply the best alternatives if the employer refuses.

CALIFORNIA LABOR LAW BREAKS: WHAT CAN EMPLOYER DO?

Break laws can be very tricky (as they apply differently to businesses and industries), and they can create huge financial issues for businesses that fail to comply with the labor law breaks provision. It is, therefore, essential for businesses to be careful when implementing proper break policies as required by the California labor commission. With the increasing number of court cases targeting employers’ rest and meal break practices, employers are advised to carefully review the employer’s policies to be sure they are getting their proper rest and meal breaks. If you need help with employment law, contact United Employees Law Group to learn the exact employment laws apply to your business.

FINAL THOUGHT

If you have been denied your proper meal or rest break, or you think your employer is denying you the same, do not hesitate to contact the expert employment attorneys at United Employees Law Group today. With years of successful experience, we represent workers who have been denied their break periods or otherwise maltreated by their employer throughout California. Schedule an appointment with us to evaluate your case, determine the best option for your recovery, and help you implement that option. Do not forget that filing certain claims or complaints has strict deadlines. Contact United Employees Law Group today to ensure your rights are protected.

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The moment the holiday is around the corner, there is probably confusion between employees and employers in California. The reason is that some employers offer their employees holiday pay while others do not. This same confusion is expressed about whether or not vacation time and personal days are required, and if an employee is required to work on a specific day. Before we proceed any further on the subject matter, we must understand what holiday means in the first place.

WHAT IS A HOLIDAY?

The term “holiday” can mean different things to different people at various locations. It could mean vacation time or legal holidays on the calendar. But in this context, we would define holiday as any of the holidays listed in the California Government Code. These may include the following in no particular order:

• Christmas Day
• New Year’s Day
• Birthday remembrance of Martin Luther King, Jr
• Memorial Day
• Washington’s Birthday
• Independence Day (4th of July)
• Columbus Day
• Labor Day
• Thanksgiving Day
• Veterans Day

While most employers in California observe and pay for at least three of these holidays every year, the tradition has left several businesses in the dark as to whether holiday pay is just a preference or a requirement.

HOLIDAY PAY

Holiday pay is usually a bonus or benefit offered by employers to recruit and retain the best workers. In this competitive business environment, employers that offer the most generous holiday pay package will mostly win the talent war.

CALIFORNIA LABOR LAW HOLIDAY PAY

On different occasions, California’s legislature has proposed bills that would require individual businesses to pay their employees for working on holidays. However, none of these bills has become law. Presently, the California labor law does not require employers to provide its employees with holiday pay when they are not working or that an employee is given the day off for any particular holiday.

Besides, employers are not even required to close their business on any holiday. If a business does, the employer is not mandated to pay its employees for their lost hours. However, if the workplace is opened, employers are not required to compensate those who work on holiday at a higher rate or premium pay other than the wages they usually receive. This also applies to night shifts and weekends (Saturday and Sundays).

Generally, an employer controls how to account for holidays. Hours worked on holidays are treated just like every other day of the week. But an employer may decide to compensate employees with extra pay for the work done during the holidays. It is, therefore, important for an employer to communicate their holiday policies clearly in their employee handbook.

What Should Be Included In The Holiday Policy?

A holiday policy may include, but not restricted to:

• The days you approved as holidays
• The list of specific days approved as paid holidays
• Employee’s eligibility requirements for a holiday, like if the worker must work a day prior to and/or following the holiday to receive holiday pay, or whether they get holiday pay whilst on an unpaid absence leave
• A statement indicating that holidays do not accumulate and are not paid out when the employment contract is terminated
• A statement indicating that workers that are not in employment at the time of the holiday do not receive holiday pay

Any business that offers holiday pays should also provide detailed guidance in its policy regarding how nonexempt workers will get holiday pay provided they work on a paid holiday. If an employer forces a policy requiring workers to work the day prior to and/or following the holiday to receive holiday pay, the employer must not deny their employees from receiving holiday pay in cases where the employee was absent for a cause protected by the California labor.

What about Fixed Holidays: Any holiday pay?

Fixed holidays, like July 4, Thanksgiving Day and New Year’s day, are not regarded as holidays and do not need to be paid separately. However, floating holidays or personal days that are not attached to any specific day can be treated as vacation, subject to the same rule.

Guidelines for Nonexempt employee

Even though businesses are not required to pay employees during holidays, shutting down the workplace can still result in employers paying workers for the day the workplace is closed, regardless of whether or not the employer offers holiday pays. This mostly pertains to nonexempt works. Businesses are mandated to pay nonexempt workers only for hours they actually work. In a situation where an employer did not offer paid holidays and shut down their worksite for a holiday, and a nonexempt worker does not work on that day, then the employer need not pay the nonexempt worker.

Guidelines for Exempt employees about holiday pay

In a situation where an employer closes down business for the holiday, but an exempt employee is available to work during the holiday, the employer must pay the exempt employee their full salary for the work performed during the workweek without deduction for the holiday. In most situations, a designated “holiday” does not affect exempt employees. Furthermore, exempt employees must be paid if they are ready and able to work, but no work is available, such as on a holiday when the company closes down.

Vacations and Personal Days

Except an employer is required to schedule a day off in every seven days for an employee, there is no legal requirement to allow vacation or personal days. This implies that businesses do not need to allow employees on those days, let alone pay for them. Furthermore, vacation policies are not allowed in California, but an employer can place a limit on vacation buildup. The California Division of Labor Standards Enforcement (DLSE) has given some guidance on how the cap should be formulated. While the DLSE earlier declared a restriction on accrual to be at least 1.75 times the yearly accrual rate, it has since backed off this rule. Instead, the DLSE simply states that the limit must be “reasonable.” Whether the employee is laid off or resigned, the California labor laws on holiday pay require that the employer must pay an employee’s accrued vacation. If the employer fails to pay the employee within the timeframe, he should be ready to face the penalties.

Religious Holidays

If an employee requests for time off because their religion does not allow working on a particular day, then the employer cannot enforce such an employee to work. This is subject to if reasonable provisions are made, like getting the employee to swap with another employee or if the work can be completed another time. To accommodate workers, many businesses in California provide a floating holiday besides the usually scheduled holidays. This is to allow workers to take time off for their religious rites that are not covered in the company’s holiday policies. The California labor law does not permit employers to penalize their employees provided the employee has notified the employer in advance, and the absence does not create unnecessary problems or hardship for their business. Employers require that any such floating holiday must be used in the same year they are approved and should not be accrued into the following year.

What about sick pay?

In California, sick pay is not considered holiday time and is not subjected to California labor laws on holiday pay. If a company has a separate sick leave policy, sick pays should not be paid out when an employee resigned or is fired from the company. If an employee calls out sick, California labor law protects the worker and prevents the employer from penalizing or otherwise denying the leave. If the employee has accumulated paid sick days and is using them because they or an eligible family member is ill, then an employer cannot act against the employee in the form of suspension, employment termination or any other manner of discrimination.

What if the payday coincides with a holiday?

If a business’s payday day falls on the day employer is closed for a particular holiday listed in the California Government Code. The business can make a payment on the next business day. Of course, paying the day prior to the holiday is also acceptable.

Why Do Some Employees Get Paid

California state does not create any state law that makes holiday pay compulsory. However, individual businesses can decide to offer vacation pay, paid personal days and holiday pay, among others. Most employees do this because they found it to make their employees happier, which boosts the quality of employees and their works.

Can An Employer Attach Conditions To Employee Receiving Holiday Pay?

Absolutely! An employer may demand that workers work on the day prior to the holiday and/or following the holiday to be eligible for the holiday pay. They may also require that a worker must have worked for a particular period to be entitled to holiday pay. Furthermore, businesses in California may decide on the amount of holiday pay due to a temporary worker. No matter the condition applied, everything should be in black and white, preferably in the employee handbook.

Variation Within A Company As Regards Receiving Holiday Pay

The employer determines who and when to receive some work benefits, provided the basis for the different treatment is not prejudiced. This variation can happen based on the employee’s bargaining power. For businesses that offer holiday pay and other paid day off, compensations are usually given to full-time workers. Of course, part-time workers may be entitled to some places; it is often not the case. It is on rare occasions that temporary workers will receive any benefits, not to talk of time off with pay.

Is Holiday pay negotiable?

Holiday pay or paid day off can be considered negotiable in some cases. As an entry-level employee or someone who is paid hourly, particularly in workplaces with many workers, there are chances the holiday pay policy will remain sacrosanct. But if you are a salaried employee, you may be able to bargain holiday pays as part of your contract before you sign the employment contract. The only condition is it must be agreed upon (with backing documents) before signing. You will lose your bargaining power the moment the employment contract is signed, and you won’t have another unless there is time to renegotiate.

How Do I Know the amount that I Will Receive

When you are offered an employment position, you must ask about every benefit that is attached to the post. Since you would not accept a job position without knowing the about you will be paid, make sure you inquire about what their policy is regarding holidays, holiday pay and other time off. Be free to ask and let the answers be part of what you are going to consider before accepting a job position. Note that once you signed the employment contract paperwork, there is no way you can request a policy change.

Summary

Whether or not to pay for a holiday depends on the employer’s policies. It may appear like an unjust system that some workers get holiday pays while others do not. You need to understand that you have the power to decide whether to accept any job position or reject the offer if you are not pleased with their terms. If a California employer offers benefits or compensations, like holiday pay and even paid personal days, note that they are only doing that for personal reasons. And if a business is not offering any of these benefits, it is ideally within their legal rights, and no one can hold them accountable. Therefore, do not believe that because you get holiday pay at one workplace that you will also receive at your next place of employment. The most crucial factor here is that you ask and be ready to either accept their terms or look somewhere else. Ultimately, the choice is in your hands as an employee.

Conclusion

California labor laws handle wage issues very seriously. If it seems you have been unfairly denied holiday pay or perhaps you have other wage issues, you may need to consult an attorney. For a free legal evaluation, do not hesitate to contact United Employees Law Group.

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It is very common for members of the military to have two careers- their temporary positions in the military along with a regular job in the private sector. Often, these service members are required to leave their regular job in order to serve. However, under state and federal laws such as USERRA, these service members are eligible for leave their regular job to serve in the military without coming back to the possibility of unemployment. Here’s what you need to know about military leave laws in California:

What is USERRA?

In California, there are certain federal laws that protect the employees who seek leaves from their regular jobs to serve in the military. One of these federal laws is called USERRA (Uniform Service Re-employment Rights Acts) which ensures that members of the military are not discriminated against for their absence during their service periods.

How does USERRA protect service members? 

After a member of the military returns from their leave, USERRA ensures that the employee is reinstated to the position they would have held had they not left for military service. This is inclusive of all the benefits and other advantages received in that line of employment. The employee must, however, apply for reinstatement 40 days after the leave.

Does USERRA apply to part-time employees? 

Under USERRA, part-time employees should be reinstated if there is an open position. Employers with more than 16 employees are required to provide 10 days unpaid leave to employees who are care givers are family members or caregivers to the injured militias in their line of duty. In addition, efforts should be taken to ensure that the employee is qualified for the new positions they may get or provided with a substitute. Firing should only be for a good cause after 180 days or 1 year. Unpaid leave is thus required from private employers to their employees who take 17 days of military training and drills in California.

How can I make sure I am protected under USERRA?

Under USERRA, it is the responsibility of the employee to provide a notice of their leave to their employer well in advance. To receive full protection by USERRA the employee must complete a few requirements. These requirements for the leave include:

• Notice to the employer for the military leave.
• Notice for being discharged from the military.
• Application of reinstatement before 40 days elapses after the leave.

What does this mean for employers? 

If the employee completes these requirements, they will receive all the benefits that USERRA provides. After the leave, the employer is prohibited from discrimination after their military service. In addition, the employer should  find out whether the employee was honorably or dishonorably discharged or whether they completed their service. In circumstances where the employee is disabled in that field of duty, their benefits of duties should not be terminated for up to 52 weeks.

For those employees who undergo discrimination after serving the military or they are denied their rights stated in the California state laws should feel free to report to the department of justice that is set to enforce the USERRA laws that protect the rights of all the employees who serve in the military.

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Research by Regional Offices of the National Labor Relation Board has revealed that, over six years of the enactment of the law, most people are not informed about the National Labor Relation Law. The act intends at serving the interest of the people of the United States and maintains a full production economy. The industrial fight that has been witnessed among the employers, employees and labor organizations interferes with a full production in an economy and serve the national interest. Research has shown that the labor disputes can be reduced if the parties involve recognizing the National Labor Relational Laws.

The National relation Act was enacted by the Congress, with the aim of protecting the right of employees and its employees through the encouragement of collective bargaining agreement. The act also eliminates some practices that are harmful to the general welfare. The Act defines the right of the employees, which include the right to participate in a collective bargaining agreement that should be done regularly after a specified time.

The collective bargaining agreement is done by the employees through representatives. The act also establishes a procedure that helps to ensure that employees can exercise their right to choose their favorite leaders through secret ballot. The act also goes further to define certain practices among the employers and unions as unfair. This help to ensure that the right of the employees and the employers are protected.

The National Labor Relation Boards and the General Counsel that is available in the 52 regions help to administer and enforce the law. The General Council in the Regional Offices helps to prosecute unfair labor practices and help to conduct elections to determine employee representatives. At the national level, a five-member board is set to hear and decide a case that involves unfair labor practices and representation election disputes among employees. The cases that go to the five-member board emanated from the regional offices.

All the rights of employees including the right to self-organization and collective bargaining agreement are defined in the National Labor Relations Act. The Labor Act also defines union-security arrangements that should put in place and right to strike and right to picket. The rules concerning unfair labor practices as well as labor organizations as defined in separate sections. The last sections of the National Labor Relations Act define how the act is implemented and defines its authority and its limitations. The power and the representation of the law matter when handling unfair labor practices.

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The UELG (United Employees Law Group) is a California based employment law firm that is devoted to helping employees who have been subject to discrimination in the workplace. The organization provides assistance to employees through class action in recovering damages and addressing unfair treatment by employers (wrongful termination, harassment, etc.).
Over the years, UELG has incessantly grown in popularity as many of their clients come through referrals from other satisfied clients. They are reported to have handled more than 1500 employment cases, with their clients having been awarded about $250 million dollars.
UELG justly is an authority on California labor law and other California employment law issues. The organization is ever ready to go the extra mile to provide employees with the right resources, so that they may find the help they need. As an employee, you can seek their support if you have a claim under California’s or Federal Discrimination laws. Let’s have a look at cases that are protected under the workplace discrimination laws.
DISCRIMINATION BY REASON OF DISABILITY-
This includes discrimination in hiring, termination, pay rate and raises, promotions, fringe benefits, job assignment, layoffs and training requirements. Federal and state labor laws prohibit any type of harassment of disabled persons (defined under the ADA and the Rehabilitations Act.) in the workplace. This can include undue teasing and offensive comments that are persistent enough to create an unfriendly environment.
DISCRIMINATION BY REASON OF AGE-
This can be a complicated area, so make sure you can prove that the discrimination was done based on age and not just to save money. It is clear prejudice to hire people under a specific age on the pretext of “old people being slower”.
RACIAL DISCRIMINATION-
This kind of unequal treatment can have numerous features. You could be ignored for a less qualified individual of a particular race or consigned to specific employments taking into account your race. This sort of stereotyping IS DISCRIMINATION! Keeping in mind the end goal to have a case for race separation you should demonstrate the valid proofs. In any case, evidence is key.
SEXUAL DISCRIMINATION-
These cases might be brought under the two unique categories. A disparate treatment case includes an association’s arrangement which treats comparatively arranged workers in an unexpected way, in light of their sex or sexual introduction. In disparate impact cases, an individual must demonstrate that the association’s approach, has an unbalanced antagonistic effect on persons of one’s own sex or sexual introduction.

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You got a job, you have worked very hard, and you are living the dream -and then, seemingly out of the blue, you get a notice that your employment contract has been terminated. Whether you are given enough time to transition out of your job or maybe you are immediately walked to a parking garage with the box of your belongings, losing a job is regarded one of the most stressful experiences in life.
Currently, California is an at-will employment state. Therefore, an employer in this state can fire his or her employee at any moment or for any legal reason. However, despite this fact, there are times when firing an employee (or terminating his or her contract) will violate the law and the rights of an employee.
If you have been fired from your job, how do you determine if the termination was lawful or illegal (referred to as wrongful termination)? To help you answer this crucial question, we’ll uncover major signs of wrongful termination, so you’re aware of your rights as an employee in California -and so that you understand when it is necessary to fight back and hold your employer responsible for violating your rights.

You were discriminated against
Similar anti-discrimination laws which protect you during your hiring process protect you from being fired as well. Employers can’t fire an employee due to their gender, race, sexual orientation, disability, age (if over 40), or even national origin.
In many states, you also can’t be fired because of your pregnancy, marital status, or military affiliation. If any of these genetic or personal features acts the basis for the firing, again, you will possibly have a wrongful termination case against your employer.

Your employer made you a particular promise about your employment term
While employers do not have to have a particular reason for firing their employees in at-will employment states like in California, such firings can’t violate the terms of any existing employment contract.
For example, let us say an employee and his or her employer have a contract for a particular duration of employment. In case the firing violates this specific contract (because an employee was fired prior to the end of the period stated in the contract), it’ll possibly constitute a wrongful termination case (as long as an employee didn’t violate some other terms of that contract which could have led to firing).

You were fired after declining to do something unlawful
In some instances, employers may request their employees to conduct illegal businesses on their behalf. If employees decline to carry out these illegal acts and are eventually fired for their refusals, again, they’ll possibly have a wrongful termination case.

You were fired for exercising your rights as an employee
Employees have the rights to report an employer’s alleged illegal actions or the regulatory violations to the proper authorities. Moreover, employers have the right to request considerable disability accommodations (when necessary), take paid time off and expect to work in a safe environment.
When employees are fired for exercising these rights, they’ll possibly have been the targets of wrongful termination.
Have you been wrongfully fired by an employer? If so, then you can seek help from an experienced lawyer at the United Employees Law Group for effective legal advocacy in your pursuit of justice.

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Unfortunately, there is no law that requires employers to give their employees paid, or even unpaid, vacation days. The Fair Labor Standards Act, which is the federal law applying to wage payments, doesn’t require vacation leave at all. Unless you have already made a collective bargaining agreement or it states vacation eligibility in your contract, you are not entitled to a vacation.

Many, if not most, employers offer a certain amount of vacation days to their employees to maintain employee moral, but other employers may not. However, because employers aren’t obligated to offer vacation days, employers have free reign when it comes to determining which employees get vacation time and for how long.

If an employer chooses to give his or her employees vacation time, whether it may be paid or unpaid, he or she usually takes into consideration the industry’s standards and employee expectations in order to calculate how much vacation time to give. Employers are free to offer vacation to some employees and not to others. Part-time employees or interns may not be entitled to vacation time at all, depending on their employer’s generosity. However, employers may not discriminate in which employees get vacation and which do not. For example, he or she may not base their decision on one’s characteristics such as race, gender, religion or disability. Beyond this legal restriction, an employer is generally free to make vacation decisions how he or she pleases.

Employers are also largely free to determine when employees are able to use their vacation time. For example, an employer may prohibit and employee from using their vacation time during certain days, holidays or seasons. It is common for employers to also set certain policies of notice before an employee may take his or her vacation. They may also implement a waiting period or certain amount of time before an employee is able to take his or her vacation. For example, an employer may prohibit an employee from taking his or her vacation within the first six months or year of their employment.

An employer is basically allowed free reign in deciding if they offer vacation time, whether it is paid or unpaid, who is eligible and when an employee may take his or her vacation, as long as they are they are doing it legally, without any discriminatory decisions.

If you, or someone you know, are facing legal issues in the workplace United Employees Law Group has answers, Call Today for your free and confidential case review.

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Why Should California Employers Have Worker’s Compensation Insurance?
Worker’s Compensation Insurance is a form of insurance purchased by the employers for the employees that are working in their organization. This law is identified under the Labor Code Section 3700, which certifies that every employer must hold a WCI for their employee and failure to do so means that the employer is violating FEHA under the specified code.
Further if an employer does not hold a WCI for their employee then it can turn out to be quite expensive because the DLSE is issued along with a stop order where assessment is made to find the total sum of penalized amount and till then the services of the employee remains prohibited but they receive their wages.
What is the Penalty Assessed for Failure to carry Worker’s Compensation Insurance?
There are two major consequences of not having worker’s compensation insurance:
Twice the amount of money should be paid by the employer to the employee that they would have received from the premium if they were insured with WCI
A penalty of $1,500 for every employee who provides its service without being insured by Worker’s Compensation Insurance.
Though there are some exceptions to the penalties that are set by the Labor Law of California, the majority of cases end with these speculated penalties.
How to Get Your Worker’s Compensation Insurance Claim?
If you are an employee who has been a victim of any uncertain incident that should be covered by the Worker’s Compensation Insurance but you could not receive the compensation then seeking legal help is something that you should immediately too.
United Employee Law Group helps employees collect when they are wronged. If you have a WC claim, but the insurance company denies approving your compensation then the company stands to be liable, but if your employer never had WCI to cover you then the employer remains liable for your compensation.
The right lawyer will ultimately mean the difference in getting your compensation either from the insurance company or the employer.
Call now and collect sooner!

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How much is it worth and are you opening the door to unwanted scrutiny of your own life by filing a suit against your employer?

This aspect can be largely determined by the course of action chosen by your labor attorney. For instance, if your lawyer believes you can get a larger settlement based on emotional trauma due to the unfair treatment that you faced on the job, then you will have to show this emotional trauma. This can mean getting personal, and not just since the “trauma” occurred. When trying to ascertain whether there was emotional damage done by your company, the defense will dive deeply into your life to try and show that whatever emotional issues you do have, were there long before they did whatever you say they did.

If you are seeking a case based on only emotional distress, this is clearly a consideration you have to make.  How much are you willing to divulge to a courtroom full of people?

The best answer is a somewhat obvious one; you need to have a case based on hard facts!

The approach we use at United Employees Law Group is an all angles one. We know how to ask the RIGHT questions so that we can dig up the HARD FACTS.  Numbers don’t lie or change their opinion. Numbers like the ones on your time sheet or computer logs, video from security cameras, etc., are the things that help us win cases for our clients, often without even having to set foot in court. In truth, if an attorney does their job right they end up in court very little. The aim of building a great case is to present such evidence to your employer and their attorneys that they know it will likely end in a large settlement and a lot of court fees, so that it benefits them to settle out of court and pay you without dealing with a long, drawn out court battle.

If you are ready to talk about your issues at work or mistreatment by a former employer, CALL NOW. The team at United Employees Law Group is here to help you build the case you need to win.

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Being so close to one of the country’s most porous borders, this issue has to be monitored, in San Diego County the possibility of Obama issuing millions of permits to undocumented workers will have a major impact on the local work numbers.

Within the next two months, the U.S. DHS Security (Department of Homeland) will review the work permit applications for millionsw of undocumented workers. These work permits would have a validity of two years and they could be renewed later. If you wish to be eligible for the review you should have a proof of the below mentioned criteria:

-The undocumented worker should be living in the US for more than 5 years.
-The age of the worker should not be more than 30 years and he or she should have been less than 16 years of age when they first entered U.S.
-The undocumented worker should be in high school or graduated high school or they should have been honorably discharged from the military services
-They should have sound moral character (most likely documented by the lack of a criminal record)

This resembles the Dream Act where it was mandatory for undocumented workers to be students or hold a college degree from US. The DHS termed this as ‘Deferred Action Amnesty’ and believes that these people should be deported, but no action has been taken as yet.
According to the DHS, around 800,000 people are presently eligible under this program in US and 200,000 of them live in California.
More details will be revealed in the coming weeks and you can find out about the original DHS announcement here.

Labor law is not quite simple and in case you have any queries regarding your employment, then you should get in touch with our California Labor Law attorneys at UELG who will assist you in knowing your rights.

These attorneys will be willing to assess your situation without any charges.
For further information and queries about the article or the blog you can
get in touch with us at: (619) 272-2193

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