No one should have to deal with prejudice at work or worry about not being fairly compensated for their efforts. Workers, fortunately, have a variety of options for dealing with unethical bosses. Working with a Lancaster employment lawyer can give you confidence and show you what you can do if you are subjected to unethical behavior.
No one is powerless to their employer’s authority. Contact an employment lawyer if you suspect your employer has participated in workplace misbehavior. Blackstone Law’s attorneys can use their understanding of California labor laws to assist you in dealing with an unjust employer.
How Are Lancaster Employees Protected from Workplace Discrimination?
Because California is an at-will state, either the employer or the employee can terminate employment at any moment for any reason. While this rule is intended to benefit both parties, many people are concerned that it will allow their employer to terminate them at any time for any reason. This thought process, however, is incorrect. At-will employment has its limits. Most crucially, you cannot be dismissed for being a victim of discrimination.
Discrimination is one of the most common ways employers violate their employees’ rights. Discrimination is when someone is mistreated at work because of a protected characteristic. Protected characteristics include:
- National origin
- Age (over 40)
Discrimination in the workplace frequently takes the form of harassment from supervisors, coworkers, or others for these characteristics, which can include insulting jokes, insults, and intolerant remarks. The Department of Fair Employment and Housing (DFEH) enforces state laws against discrimination on job applicants and employees based on protected characteristics. California state law allows victims of discrimination to obtain damages to rectify the situation.
Are Employees in Lancaster Entitled to Unpaid Leave?
Employers must provide unpaid leave to eligible employees under the Family and Medical Leave Act (FMLA). Employees are entitled to unpaid leave if the following requirements have been met:
- They have worked for their employer for at least 12 months, with at least 1,250 hours worked over the past 12 months.
- They work within a 75-mile radius of where the company employs 50 or more people.
The Department of Labor also conducts investigations into FMLA-related employee complaints, including reviewing the employer’s records. The charge is $178 if companies fail to publish needed workplace information on employees’ FMLA rights, but the penalties could escalate if the investigator finds that the employer wrongfully terminated an employee based on FMLA restrictions.
Paying fines, recovering lost earnings with interest, and reinstating the employee’s job if they were wrongly terminated are all possible penalties for violating the FMLA. The Equal Employment Opportunity Commission may intervene and order the employer to repay the employees’ wages plus interest and reinstate their employment.
The California Family Rights Act Protects Lancaster Employees
Employers with five or more employees must provide an eligible employee with job-protected leave to care for certain family members with a serious health condition, including:
- Domestic partner
Under the California Family Rights Act (CFRA), the employee may also take leave to take care of their own serious health condition. Employers who have hired five or more employees are required to give up to four months of disability leave to employees who are disabled as a result of pregnancy, delivery, or a related medical condition.
A qualified employee may take job-protected leave within one year of a child’s birth, adoption, or foster care placement to bond with the new child. A biological, adoptive, or foster child, a stepchild, a legal ward, or a child of an employee or the employee’s domestic partner, or a person to whom the employee acts in loco parentis, is referred to as a “child.” A birth, foster, or adoptive parent, a parent-in-law, a stepparent, a legal guardian, or another person who stood in loco parentis to the employee when they were a child is considered a “parent.”
Wage and Hour Discrepancies May Violate Your Employee Rights
The Fair Labor Standards Act (FLSA) sets minimum wage, eligibility for overtime pay, recordkeeping, and child labor standards that apply to full-time and part-time employees in the private sector as well as federal, state, and local governments.
Wage and hour violations can manifest in many different ways:
- Paying below state and federal minimum wages
- Failing to pay employees a final paycheck after they quit
- Calculating inaccurate overtime compensation
- Failing to provide acceptable meal and rest breaks to employees
- Misclassifying employees as independent contractors
The Wage and Hour Division of the Department of Labor is responsible for wage and hour disputes under this legislation.
Reach Out to a Lancaster Employment Lawyer to Fight against a Hostile Work Environment
One of the best ways to hold your employer accountable and support a safe workplace is to exercise your rights. Knowing your rights is the first step in being able to use them successfully, and that is a tool.
We are ready to help you at Blackstone Law. Our team comprises top California labor and employment lawyers who are ready to explain your rights and the best solutions for your case. We will proudly offer you board-certified legal representation to protect your rights and fight for the justice you deserve. Call us at (310) 956-4054 or use our contact form to learn more about workers’ rights in California.