4 Common Employment Law Issues Employees in California Face

two employees working together

From overtime and wage regulations to discrimination laws, California has some of the most complex employment laws in the United States. So, it’s no surprise that employees face their fair share of challenges when trying to understand their rights and responsibilities within the workplace. It can be challenging to stay up-to-date on all the rules and regulations, so we’ve put together a comprehensive guide detailing the common employment law issues faced by employees in California.

#1: California Overtime Laws

Under California labor law, non-exempt employees—that is, employees not exempt from overtime pay—are entitled to one-and-a-half times their regular hourly rate for every hour worked in excess of eight hours per day or forty hours per week. Additionally, employers must pay double an employee’s standard rate for additional hours worked beyond twelve per day or six days in any given week.

#2: Minimum Wage Laws

In general, all employers must adhere to California’s minimum wage laws, which require payment of no less than at least $12 per hour for businesses with 26 or more employees working at a single location. Employers with fewer than 26 employees must pay no less than $11 per hour. Furthermore, certain cities in California mandate even higher wages for their citizens; for example, San Francisco requires employers to pay a $15 per hour minimum wage as of 2021.

#3: Discrimination Laws

It is illegal for an employer to discriminate against its current or prospective employees based on the following:

  • race,

  • gender identity/expression,

  • national origin/ancestry,

  • disability status/medical history/genetic information (including pregnancy),

  • sexual orientation/preference, and

  • religion.

Furthermore, employers must provide reasonable accommodations (with some exceptions) if requested by an employee with a disability as outlined by state and federal labor laws like the Americans with Disabilities Act (ADA).

#4: California Sick Leave Law

Under California law, all full-time, part-time, and temporary workers are eligible to accrue sick leave time at a rate of 1 hour for every 30 hours worked up until they have reached 48 hours of paid sick leave - this equates to 6 paid days off per year. This leave must be taken after 90 days of employment have been completed. However, workers may also use this time off before then should it be necessitated by medical needs or related issues such as domestic violence counseling, etc.

If you believe your employee has violated your employment rights, contact our team at Polaris Law Group today to schedule a confidential consultation: (888) 796-4010!

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