Lake Forest Employment Attorneys
All employees in California have the right to work in an environment that is free of any type of discrimination, harassment, retaliation and questionable employment decisions. Employers have the right to expect employees to perform their duties. At the same time, employers also have the duty to fulfill their promises to their employees. At the least, employers must pay workers a living wage, provide health, retirement and other benefits and ensure that workers are given proper breaks. Hourly employees, if required to work longer, must be compensated with overtime under California law. If you believe that you have been treated unfairly on the job, it is important that you consult an experienced Lake Forest employment lawyer to better understand your legal rights and options.
Break Periods Under California Law
California is more generous to workers than federal law when it comes to break periods. Non-exempt employees in California are entitled to 30-minute meal breaks if they work more than five hours in a workday and 10-minute breaks for every four hours worked. California Labor Code Section 226.7 states: “No employer shall require any employee to work during any meal or rest period mandated by an applicable order of the Industrial Welfare Commission.”
The same section also states that if an employer fails to provide an employee with a meal break or rest period, the employer “shall pay the employee one additional hour of pay at the employee's regular rate of compensation for each work day that the meal or rest period is not provided.” Also, if you work for more than 10 hours a day, you are entitled to a second meal break of at least 30 minutes. It is very important for California employees to remember that they cannot be required to work during any required rest break. There may be exceptions to these meal and break periods for certain industries such as motion picture or healthcare.
Under both California and federal law, employers are required to reasonably accommodate the disabilities of its employees. This is in order to allow the worker or help him or her to fulfill his or her job duties. If an employer fails to make such accommodations in the workplace, an employee can use the legal process to force the employer to accommodate his or her disabilities. If an employee is terminated because of his or her disability or as retaliation, the employee may be entitled to compensation for loss of wages.
Discrimination at the Workplace
Both California and federal law prohibit discrimination by an employer or potential employer on the basis of age, sex, race, nationality, sexual orientation or disabilities. For example, if an employer hires someone else over you because of your age or religion, then, you may file a lawsuit seeking compensation. Similarly, if you have been passed up for a promotion or wage increase because of your sex or disabilities, then, you may be able to seek compensation for your losses. Employers also cannot take action against you for taking leaves of absence under certain circumstances. Some of the common events that entitle an employee to go on a leave of absence include jury duty, medical issues, pregnancy, adoption of a child, bereavement and military service.
Protecting Your Rights
If you have faced discrimination, harassment or unfair treatment at your workplace, the experienced Lake Forest employment lawyers of Bisnar Chase to obtain more information about pursuing your legal rights. As an employee, you have the right to meal and rest breaks, the right to receive the right salary for the tasks you have performed and to take necessary time off without worrying about getting fired from your job. Please call us at 949-203-3814 for a free consultation and to find out how we can help you.