Everyone always mentions employees need more rights, but little attention is placed on what rights employers are violating under California and federal law on a consistent basis. Employee rights are of course more important than ever in this economy. With fewer and fewer small business employing workers in California, big companies seem to have gained leverage and the ability to violate employee rights.
One type of employee rights that are often at issue relates to wages and hours. In particular, the issue of labor law breaks has found its way to court in many recent employment law cases. Employees are entitled to a 30 minute uninterrupted meal break for every 30 hours of work performed for the employer. However, what if the employees waives this right to a meal break by signing a meal break waiver? Or what if the employee clocks out for a meal break but continues to work through the break because the company requires the employee to do so? These employee rights are currently hot topics in California employment law and the answers to these questions are uncertain as of now.
Another hot topic about employee rights deals with discrimination in the workplace. What happens if a company fires an employee but gives a false reason for the termination? Is this considered a wrongful termination? Does this give rise to a viable claim for discrimination in the workplace? Under California discrimination laws, if employees prove that an employer gave a false reason for firing the employee, this does not necessarily mean that the employee rights were violated by the company. However, the company has to present another reason for why the employee was fired. If this reason is deemed discriminatory, the employee may have a viable discrimination claim.
Employee rights relating to working conditions is another current topic in California employment law. In particular, the issue of whether employees are required to stand up for long periods of time without the ability to site down in a chair. Recently, several lawsuits have been filed against employers who require employees to stand up in the retail industry. Do employee rights entitle the workers to sit down or are the workers required to stand up all day?
California Employee Rights Lawyers
At Blumenthal, Nordrehaug & Bhowmik, our lawyers have obtained more than $1.3 billion in judgments and settlements for employees and consumers whose rights have been violated by companies of all sizes, with a substantial portion of that amount recovered through class action litigation throughout California.
Our experience with the identification and pursuit of workplace rights claims can help you recover compensation on an individual basis or as a member of a defined plaintiff class. For additional information about your litigation options under California labor laws, contact our employment lawyers in San Diego, labor attorneys in San Francisco or Los Angels employment law lawyers for free legal advice.
Call (800) 568-8020 for Free Legal Advice
Blumenthal, Nordrehaug & Bhowmik enjoys a statewide reputation for excellence in employment litigation under a wide range of scenarios:
- Unfair compensation practices, including wage and hour violations
- Unfair employer practices involving discrimination, harassment or retaliation
- California labor law violations
- Interference with union organizing and activity
- Improper conduct of elections concerning alternative workweek schedules
- Employer interference with state and federal rights to medical or family leave
- Unfair denial of unemployment insurance benefits
To learn more about our experience with employment litigation and our ability to protect your interests under the facts of your case, contact the California employee rights attorneys at Blumenthal, Nordrehaug & Bhowmik in California for free legala advice.