Slip and fall cases can happen to everyone at some point in their lives. These...
Employment and labor law violations are present in the workplace every time and can come in many forms. However, a lot of employees think that only employment law violations relating to harassment, discrimination or retaliation are actionable. Employees more easily recognize visible untoward or inappropriate acts 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. These are violations of labor law rights relating to non-payment or underpayment of the 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 essential because they will ultimately determine how you get ahead at work, which as you know, will determine your career and 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 legal benefits provided for by federal and state laws, you have a right to seek damages against your employer for unpaid benefits and other non-monetary losses.
Negotiating your claims on your own is ill-advised. 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, and then filing a complaint against your employer who has violated various labor laws on your account. Do not try and reach for a settlement nor pursue your claims against your employer since you will inevitably be at a disadvantage.
The party at fault will employ defense lawyers who are adept in labor violation claims and will protect their client from your claims and keep them from paying for damages. Facing them on your own might make you waive your claims altogether due to technicalities, exploited loopholes in your claims or your lack of knowledge of the legal proceedings that entails from your claims, making you receive no compensation whatsoever.
If you are not given the justice you deserve, the only thing left to do is ask for proper legal assistance from a reputable law firm. 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 as well as misclassifications by employers as exempt employees or independent contractors, among other workers’ compensation. Labor laws also deal with an employee’s welfare in the workplace such as occupational safety and health concerns other than his or her mandated benefits.
Right to Mandated Wage
As an employee, you are provided by law the right to at least minimum wage. Your minimum wage cannot be bargained off 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. Your right to a mandated wage does not include your right to get other benefits such as overtime pay, tips, and other compensation related to your hours worked.
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 for more than 12 hours per day and for more than eight hours on a seventh consecutive workday in any week, then you are entitled to double your hourly wage. If your employer does not give you your mandated overtime pay based on your regular rate, then he or she is subject to labor law violations.
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 specifics mentioned earlier, your employer also needs to provide you with emergency leaves as mandated by state and federal laws. These emergency leaves include tragedies or instances when you are seriously ill, or your immediate family member is gravely ill or needs surgery or emergency medical treatment.
If you are not allowed by your employer to avail of your emergency laws mandated by law 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 and can be held liable.
If your employer has violated any of the specifics mentioned above in any way, then your employer has violated labor laws, giving you the right to seek damages against your employer. However, you should never negotiate your claims and reach for a settlement on your own. Your employer has the financial resources to hire lawyers who are adept at defending employers from a lawsuit. Facing these lawyers alone is ill-advised as they will only put you in an unfavorable position and disadvantage which may also jeopardize your claims and your much-deserved compensation.
The only logical thing to do is to seek legal representation from expert employment and labor law attorneys who are well-versed in Los Angeles labor laws and have vast experience in obtaining the best compensation you deserve against your erring employer. Their extensive knowledge and legal expertise in managing class action lawsuits and can help you in receiving the best reward you deserve against your employer in question.