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When a union leader negotiates an agreement, it binds union members and the employer. Sometimes these agreements also concern non-unionized workers. Trade unions are present in the private sector and in public bodies. One type of workers` rights that is often at stake is wages and working hours. In particular, the issue of labour law infringements has been brought before the courts in many current labour law cases. Employees are entitled to an uninterrupted meal break of 30 minutes per 30 hours worked for the employer. But what if employees waive this right to a meal break by signing a meal break? Or what if the employee goes out for a lunch break but works during the break because the company requires it? These labor rights are hot topics in California labor law right now, and the answers to these questions are currently uncertain. Federal laws protect dockers, dockers, miners and federal employees. Contact your workers` compensation program for help making a claim. Another hot topic regarding workers` rights is discrimination in the workplace. What happens if a company fires an employee but gives a bad reason for the layoff? Is this considered an illegal termination? Does this lead to a viable complaint of discrimination in the workplace? If employees prove under California discrimination laws that an employer gave an incorrect reason for terminating the employee, it does not necessarily mean that the employee`s rights were violated by the company. However, the company must provide another reason why the employee was fired. If this ground is found to be discriminatory, the employee may have a valid right to discrimination.

If you are an employer seeking information about the lawful termination of an employee, you should contact both the Equal Employment Opportunity Commission (EEOC) and your state employment office to ensure that you are not violating federal or state labor laws. You may want to contact a licensed attorney. Youth employment laws help ensure that young workers are safe in the workplace and that work does not interfere with school. They can also protect young people from discrimination in the workplace. Without early legal help, you may not be willing to respond to the employer`s reason for your poor review or dismissal. To learn more about our experience in employment litigation and our ability to protect your interests in the facts of your case, contact the California employee attorneys at Blumenthal, Nordrehaug & Bhowmik in California for free legal advice. File a complaint if you suspect discrimination in the workplace OSHA provides resources for young workers, including information on how to protect yourself in the workplace: To fully enforce state and federal laws protecting workers from illegal acts by their employers, in many situations where you have a serious problem with your employer and file a lawsuit, You will need to hire a lawyer. Most lawyers who represent workers do so because they understand that non-unionized workers are relatively powerless against employers. LawHelpCa.org: Discrimination in the Workplace This website refers you to local legal aid on issues related to discrimination in the workplace. (Select your country or enter your zip code to get specific information about the region where you live.) Businesses receive government funding to cover the cost of granting leave. If you own a small business with fewer than 50 employees, you may not need to take childcare leave. The Family and Medical Leave Act (FMLA) is a federal labor law that allows an eligible employee to take longer leave.

This unpaid leave is guaranteed by law and is available to employees of companies with 50 or more employees. FMLA fact sheets can help you understand your rights and coverage. Legal Aid at Work This website provides information on programs to help low-income Californians with issues such as labor rights, disability rights in the workplace, unemployment insurance, wage and hour rights, and more. Refusing reasonable accommodations in the workplace for a disability or religious beliefs The Equal Pay Act (EPA) – calls for equal pay for equal work for men and women Provide resources to answer your questions about occupational safety or health Workers` rights related to working conditions are another hot issue in California labor law. In particular, the question of whether employees have to get up longer without being able to sit in a chair. Recently, several lawsuits have been filed against employers who require their employees to compete in the retail trade. Do workers` rights allow workers to sit or are they forced to get up all day? As of January 1, 2017, some employers are required to submit accident or illness data electronically. In this way, OSHA can improve the enforcement of workplace safety requirements and provide valuable online information to workers, job seekers, customers, and the general public. The new rule also prohibits employers from preventing their employees from reporting an injury or illness.

“Once an employee believes something is wrong and no recourse comes from the employer, it`s the best time to seek advice,” Levitt says. This does not mean that the employee must immediately seek the services of a lawyer. For example, the employee may go directly to the Equal Employment Opportunity Commission (EEOC) or a government equivalent if they believe they have been discriminated against. Labor laws vary from state to state. Contact the state government for information about the specific laws you work in. The national minimum wage is the lowest legal hourly wage for many employees. Tips may have a different salary. With the generous support of the legal community, funders, foundations and other donors, Legal Aid at Work offers four main services: Discrimination, harassment and unfair treatment in the workplace by all: Know the rules: Choose your age and find out what work you are allowed to do and when you are allowed to work. “If the employee works in a small business and the director of the company is the party involved, I would suggest the employee seek advice, as the next step would be to file an administrative complaint with the federal or state government,” Levitt says. This would be the first step outside the company.

“Then that agency investigates and determines if there is enough evidence to establish a violation and helps the employee prepare an appropriate claim or charge. Several different federal organizations deal with questions or complaints about workplace issues, depending on the nature of the problem: An employer may require or permit an employee to work overtime. The Fair Labour Standards Act states that workers who work more than 40 hours per week must receive overtime pay. There are few exceptions to this rule.