California’s progressive labor laws are designed to protect workers across various industries. Yet, despite these protective measures, California labor law violations are still common, impacting thousands of employees statewide. Recognizing these violations is crucial for workers to safeguard their rights and ensure fair treatment in the workplace. To help you better understand labor law violations, this article delves into the Golden State’s most common infringements, their impact on workers, and guidance on how to report them.
What Are the Most Common California Labor Law Violations?
Let’s look at some common California labor law violations that violate state regulations and profoundly impact workers.
Wage Theft
Wage theft can manifest as unpaid overtime, minimum wage violations, and off-the-clock work. According to state law, non-exempt employees are entitled to 1.5 times their regular pay rate for hours worked beyond 8 in a day or 40 in a week and double pay for hours worked beyond 12 in a single day. Workers are also allowed a 30-minute meal break for shifts exceeding 5 hours and a 10-minute rest break for every 4 hours worked. Denying employees these rights deprives workers of their earnings and undermines their financial stability and quality of life.
Discrimination and Harassment
California Fair Employment and Housing Act (FEHA) and Title VII of the Civil Rights Act protect against discrimination based on gender, race, national origin, religion, age, disability and sexual orientation. Despite such protections, instances of bias and mistreatment persist. Discriminatory hiring practices, unequal pay for equal work, and hostile work environments tarnish the fairness and equality principles underpinning labor laws. In addition, toxic work environments perpetuate inequity and impede efforts to promote diversity and inclusion.
Unsafe Working Conditions
To cut costs or meet production deadlines, employers may jeopardize worker safety by failing to provide adequate safety protocols and training. Working in construction, manufacturing, or agriculture industries especially susceptible to hazardous conditions can increase your risk of occupational illnesses and accidents. The consequences of working in unsafe conditions can be dire, ranging from workplace accidents and severe injuries to long-term health implications. Moreover, the fear of retaliation for reporting violations may deter employees from speaking up, further exacerbating their health and safety risks.
Misclassifying Employees As Independent Contractors
Misclassifying employees as independent contractors strips workers of essential benefits and protections, such as minimum wage, overtime compensation, and unemployment insurance. Employee misclassification can profoundly impact workers, leading to financial instability and a lack of access to safety net programs.
How to Report Labor Law Violations in California
It is very important to consult with a skilled employment law attorney like John Dalton before reporting a labor law violation is wise. Working with an employment attorney will ensure you understand all pertinent laws associated with your complaint and that you report the problem to the right person or agency. A skilled employment lawyer will also ensure that you file your complaint properly and report it within the statute of limitations, which can vary by statute and agency. Once you’ve consulted with an employment law attorney, California offers several avenues to report these injustices and seek remediation.
- California Civil Rights Department (CDR). Similar to the EEOC, the CDR handles cases involving discrimination or harassment based on protected characteristics such as race, gender, or disability.
- California Labor Commissioner’s Office. The Labor Commissioner’s Office, the Division of Labor Standards Enforcement (DLSE), enforces California’s labor laws. Workers experiencing labor law violations can file complaints about wage theft, discrimination, retaliation, and other violations through the DLSE’s website or by visiting their local office.
- Equal Employment Opportunity Commission (EEOC). For cases involving discrimination or harassment based on protected characteristics such as race, gender, or disability, employees can file charges with the EEOC, which enforces federal laws prohibiting workplace discrimination.
By speaking with an experienced attorney, leveraging these resources, and reporting violations promptly, workers can assert their rights, hold employers accountable, and contribute to fostering fair and equitable workplaces in California.
The Law Office of John Dalton for All Your Employment Law Needs
Attorney John Dalton is renowned for securing some of the country’s highest employment law verdicts and settlements. With him, you can expect a lawyer who combines expertise with compassion and is devoted to vigorously defending your employment rights. Facing issues at work related to employment law can be daunting, but with the Law Office of John Dalton on your side, you’re not alone.
Our firm offers personalized legal assistance to guide you through your employment challenges. We are proud to have secured tens of millions in client compensation and remain dedicated to providing the advocacy you deserve, aiming for the best possible outcome. Contact us for a complimentary case evaluation.