Many California employers can be held liable for violations of employment law. One of the biggest problems is that not all employees understand the entire scope of their rights under various employment laws. To help ensure that your employee rights are not being violated, it’s best to read over the most common violations that occur below.
Many employers offer their employees paid vacation. Some employees may choose not to use their paid vacation time throughout the year. Unfortunately, some employers illegally implement a use-it-or-lose-it policy where the employee loses the paid vacation time if they don’t use it throughout the year. In reality, employment law in many different states makes a use-it-or-lose-it policy illegal. In states like California, Nebraska, and Montana, employees are entitled to all paid time off regardless of whether there is a use-it-or-lose-it policy.
Minimum wage violations
Many employers get confused thinking that the federal minimum wage rate is the standard for paying employees. In reality, state and local governments can set minimum wage standards. In the event that your state or local municipality sets a specific employment rate, your employer will need to abide by the highest rate. The highest rate could be the federal minimum wage, or it could be a state minimum wage. Either way, you need to be paid according to whatever the highest minimum wage is.
Unfortunately, some employers may establish a rule stating that they will not pay overtime. Establishing this rule is illegal due to the fact that the FLSA requires all employers to pay non-exempt employees for every hour that they worked. In addition, they must be paid at time-and-a-half rates for any overtime hours worked that exceed 40 hours in a week.
There are many laws out there protecting the well-being of employees. The above are just some of the most common employee rights that are violated each year by employers. If you believe that your employee rights have been violated, it’s important to seek the assistance of a licensed attorney to help fight for your rights.