Your Rights According to the Labor Law by:Alva Pao-Pei Alfonso
Joining the country's workforce is a natural step for any person who wants to live a productive life
. Anyone who wants to be gainfully employed would benefit from familiarizing themselves with the Labor Laws that govern the country and the particular state that he/she is in. Several labor laws protect the rights of workers, some of them are wage laws, the right to fair pay and time off, etc. Any employer that violates the labor laws will have to deal with lawsuits to rectify the situation.
Residents of Los Angeles, California may check the Department of Industrial Relations website for details about labor laws. The law is clear about many things surrounding the rights of a worker. Here are a few questions about wages that are usually asked about labor laws:
What is the minimum wage in the state of California? - The federal minimum wage is currently $5.15 per hour, but the state laws of California pegs it at $8 per hour. In the event of conflicts between state and federal law, the employer must follow whatever is more beneficial to the employee.
What if I agreed to be paid less than the minimum wage? - The minimum wage agreement cannot be waived by an employer because it is considered as his legal obligation. Even if you agreed to be paid less, it is not considered legal.
Is the minimum wage dependent on the employees' age? - No, it is not. Employers are required by law to fulfill the requirement for minimum wage paid regardless of their employee's age.
Can customers' tips be credited towards my salary to fulfill the minimum wage? - No. Tips are going to be given to the employee on top of the minimum wage.
How can I file a wage claim? - It is common practice to try and settle it with your employer first, stating the fact that the wage laws are clear about how much you should be paid per hour. If you fail to come to an agreement, you can file a case against your employer. The case will be assigned to a Deputy Labor Commissioner.
What can I do to protect myself when my employer retaliates after I question the wages I am being paid? - It is against the labor law, particularly the one against discrimination and retaliation. In this case, you may file a lawsuit against your employer for violating your rights.
These are only a part of the labor laws that protect you as a worker. Some laws deal especially with issues about rendering overtime hours. California labor laws require employers to pay non-exempt employees one and one-half of their regular hourly rate for each hour they render overtime, with the exemptions of some types of employees.
There are also laws that protect your right to take time off from work. However, labor laws have no provisions for paid time off. Employers who give paid time off to their employees do so out of custom, not out of legal obligation. Unpaid time off, however, is mandated by law.
The Family and Medical Leave Act (FMLA) require certain employers to give up to 12 weeks of unpaid leave to their employees for specific reasons. After returning from their leave, the employees have the right to demand reinstatement to their former position, or to something equivalent.
If you feel that your employer has not been following labor laws, immediately seek the help of a Los Angeles Labor Law attorney.
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To help you with issues involving labor law violations, consult with our expert Los Angeles attorneys. Visit our website at
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