Medical malpractice occurs when a person sustains an injury due to the negligence or medical
Employment and labor law violations are present in the work place every time. However, a lot of employees think that only employment law violations relating to harassment, discrimination or retaliation are actionable. Visible untoward acts are more easily recognized by employees because they go against generally accepted principles of justice and fair play. However, there are other employment rights that are readily violated by employers with impunity and these are violations of labor law rights relating to non-payment or underpayment of minimum wage, overtime, meal breaks and rest breaks and even misclassifications by employers as exempt employees or independent contractors, among others.
Your labor law rights are very important because they will ultimately determine how you get ahead at work, which as you know, will determine your family’s financial future. In worst case scenarios, violations of your rights are just symptoms of even more dastardly acts of employers which lead to wrongful termination or constructive discharge. If you believe that you are being discriminated against by your employer or you are not provided with your rightful benefits provided for by state and federal laws, you have a right to seek damages against your employer for unpaid benefits and other non-monetary losses.
Don’t try to negotiate your claims on your own. The first thing that you should do is to immediately report this matter to your HR either through phone, by e-mail or a formal letter of complaint or grievance. If you are not given the justice you deserve, the only thing left to do is seek legal help from Mesriani Law Group’s expert labor law violations attorneys in Los Angeles who have the experience and resources to fight for your rights.
What to Do in Case of California Labor Law Violations?
Labor laws technically relate to an employee’s wages and other benefits at work. Hence, violations of your labor law rights cover acts relating to non-payment or underpayment of a minimum wage, overtime, meal breaks, and rest breaks and even misclassifications by employers as exempt employees or independent contractors, among others.
Right to Mandated Wage
As an employee, you are provided by law the right to at least minimum wage. This cannot be bargained of in any contract signed by you and your employer to prevent you from being forced to take less than what you deserve. In California, you should be paid at least the minimum wage of $8 an hour. This does not include your right to get other benefits to include overtime pay, tips and other compensation.
Your Computed Overtime Pay
As an employee in California, you should get an equivalent of 1.5 times your regular wage rates for time worked past eight hours per day and 40 per week. If you also worked past 12 hours per day and past eight hours on a seventh consecutive workday in any week, then you are entitled to double your hourly wage.
Meals and Rest Breaks
You are also provided by law a standard minimum rest and meal breaks, specifically a meal period of 30 minutes if you work more than five hours and a second meal period if you surpass 10 hours. You can waive these rights only if you work no more than 6 hours a day. Otherwise, any denial of your employer to give you a meal and rest break would open your employer to liabilities on account of a labor law violation.
Aside from the foregoing, your employer also needs to provide you with emergency leaves as mandated by state and federal laws. If you are seeking for emergency leaves on account of family emergency or tragedy like if you are seriously ill or your immediate family member is gravely ill or needs surgery or emergency medical treatment and you are not allowed by your employer or your employer subsequently harasses you because of your act of obtaining your leave rights, then your employer is in violation of your labor law rights.
In any of the foregoing instances, you have a right to seek damages against your employer. However, you should never negotiate your claims on your own. Your employer has the financial resources to hire lawyers who are adept at defending employers from a lawsuit.
The only thing to do is seek legal representation from expert employment and labor law attorneys who have vast experience in obtaining the best compensation you deserve against your erring employer.