Your Basic Rights as an Employee

Generally, employees are bound by various rules and policies imposed by their employers in the workplace. These rules and policies govern the workplace, encouraging employees to be productive while protecting the interest of the business or company. These basic guidelines are often contained in the employee’s manual.

Some of these rules also serve as the employee’s protection from cases of discrimination, harassment, wage disputes and other employment violations. Most workplace policies are generally created in compliance with state and federal laws.

But despite this, many employees continue to suffer from workplace abuse and other employment disputes. Even in California - a state known to cater favorably to workers - thousands file employment cases each year.

The causes of employment disputes vary with each case. Sometimes, the issue may arise out of violations of the law; other times, it may be due to employer or co-worker abuse or to repressive office policies.

In California, for instance, where employment is mostly at-will, the absence of an employment contract makes workers vulnerable to illegal dismissal. However, under this setting, the law makes exemptions, especially if the reason for one’s termination is, for instance, in violation of public policy or protected class.

In some cases, workers simply do not know their rights, thereby exposing themselves to abuse and exploitation. To prevent this, it would help to know some of your basic rights as an employee.

• Meal breaks – Hourly employees are entitled to a 30-minute meal break if they work for more than 5 hours a day and a right to a second meal break if they work for more than 10 hours. If the employer fails to provide meal breaks, the employee is entitled to an additional hour of pay for each meal break the employee missed over the last 4 years of his/her employment.
• Rest breaks – Employers are required to provide a 10 minute rest period for every 4 hours worked. If the employer fails to provide this, he will be required to pay another hour of pay for each rest period missed during the last 4 years.
• Waiting/ travel time – Employers are required to pay workers for all hours that the employee is under the “control” of the employer. These include the time spent by the employee when he/ she waits at the employer’s place of business between specific tasks or the time that you spent traveling to another specific job location. Failure to provide this would mean payment of back pay for the last 4 years.
• Overtime – Employers are required to pay one and a half times your hourly rate for each extra hour worked in an 8-hour or 40
• Reimbursement of work-related expenses
• Final paycheck
• Accurate paystubs

Employees whose rights were violated can file a class action suit against their employer. Through legal action, employers will be able to correct their mistakes while employees receive obtain the rightful compensation they deserve.

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