As a business owner in Los Angeles, it’s important to understand the legal nuances of work-related cases. Knowing your rights and obligations as an employer can help you avoid costly litigation or other unfavorable outcomes associated with employment disputes.
To ensure you are up to date on all relevant laws, here are six key facts about work-related cases all business owners need to know.
From wage and hour regulations to discrimination protections, these facts will give you a better understanding of how California law applies to your workplace and help keep things running smoothly for everyone involved.
Wage and hour law
The California labor code provides strong protections for employees regarding hours worked, overtime pay, meal breaks, and other wages and benefits. This includes rules about minimum wage, tipped wages, final paychecks, and more.
Additionally, California has strengthened its laws in recent years to reduce the misclassification of workers as independent contractors. Employers must also follow state record-keeping rules and meet requirements for wages paid during meal breaks, rest periods, and more.
Work terminations and layoffs
California is an “at-will” state, meaning employers have the right to terminate employees without cause. That said, there are certain restrictions on this right. For example, employers may not fire someone due to discrimination or in retaliation for a valid complaint of illegal workplace activity. If layoffs are necessary, employers must follow specific procedures and provide affected employees with certain notices and severance packages as required by law.
However, there are many exceptions to the at-will rule, so employers need to understand their rights and obligations when terminating or laying off employees. Employees can hire a wrongful termination attorney in Los Angeles to represent them if they believe their rights were violated. Usually, the reasons for the termination must be properly documented and employers must have adhered to labor laws. Finding a trusted legal advisor can help business owners ensure they are following proper protocol and avoid potential legal issues. Thankfully, just a quick search and a click for wrongful termination lawyers can provide a variety of qualified options.
Discrimination protections
California’s Fair Employment and Housing Act (FEHA) prohibits discrimination in the workplace based on several protected characteristics. This includes race, color, national origin, ancestry, religious creed, sex, gender identity or expression, sexual orientation, medical condition, disability, age, marital status, and military/veteran status.
On the other hand, employers also have certain rights under the law. For example, they can set reasonable rules and regulations to ensure a safe and productive workplace free of illegal harassment or discrimination.
Family and Medical Leave Act (FMLA)
Under the California Family Rights Act (CFRA), employers must provide unpaid family or medical leave to employees who have worked for them for at least 12 months and have performed at least 1,250 hours of work during the previous 12-month period. Eligible employees can take up to 12 weeks of leave per year for reasons related to their serious health conditions, the birth or adoption of a child, or to care for an immediate family member with a serious health condition.
Additionally, employees who take CFRA leave are entitled to have their job protected for the duration of their absence and must be reinstated upon return from leave. Employers cannot interfere with an employee’s rights under the law, such as by retaliating against them for taking time off or refusing to reinstate them after the leave.
Workplace safety laws
Under the Occupational Safety and Health Act of 1970 (OSH Act), employers are obligated to provide a safe workplace for their employees. They must follow specific rules and regulations related to job safety, including providing the necessary tools, equipment, and other resources to ensure employee safety.
Employers should also create an effective accident prevention program to encourage workers to report hazardous conditions and take the necessary steps to address them. Employers who fail to adhere to these requirements may face significant fines or other penalties.
Workers’ compensation rules
California workers’ compensation laws require employers to provide benefits for employees who are injured on the job. This includes medical care, disability payments, and more. Employers must have workers’ compensation insurance in place or be self-insured to cover employee injuries.
Employees who are injured at work may also be able to file a claim for damages against their employers if they can prove that their injuries were caused by the employer’s negligence. In such cases, employees may be entitled to damages for pain and suffering, lost wages, and more.
Therefore, employers need to be aware of the various laws and regulations that apply in Los Angeles when it comes to work-related cases. Employers should ensure they are adhering to labor laws, providing proper notices and severance packages as required by law, creating a safe workplace free from discrimination or harassment, following rules related to family medical leave, having workers’ compensation insurance in place or being self-insured, and taking all necessary steps to prevent employee injuries.
