Employee rights are the legal benefits and protections that federal and state laws entitle workers to. Such rights include:

• The right to a non-discriminatory and safe workplace
• The right to fair payment
• The right to whistleblow illegal behavior without retaliation from the employer
• If eligible, the right to take leave for medical or family reasons

Most employees gloss over all the fine print in their handbook when they’re hired, but they may not realize how their rights vary based on location, job status, and claim. That’s where an experienced Workers’ Rights attorney like the Law Office of Ball & Yorke can come in.

Federal Laws On Employee Protection

There are several federal laws protecting the workers’ rights of employees in every U.S. state. The most important ones are:

• Title VII of the Civil Rights Act: Protects workers from discrimination based on color, religion, race, sex, or national origin.
• Fair Labor Standards Act (FLSA): Sets national standards for minimum wage, youth labor, and overtime rules
• Family and Medical Leave Act (FMLA): Protects the rights of eligible employees to take unpaid leave for specific health or family reasons without getting fired
• Americans with Disabilities Act (ADA): Protects qualified individuals with disabilities against discrimination
• Equal Pay Act: Equal pay for equal work regardless of gender

California state laws offer more protection than federal laws, and in some cases also provide longer time frames to file a claim. For example:

• The California Family Rights Act (CFRA) provides medical and family leave protections beyond federal FMLA coverage
• California’s Fair Employment and Housing Act (FEHA) covers a broader range of harassment and discrimination than federal laws

Specific workers’ rights laws can get complex, which is why it’s important to have a workers’ rights attorney on your side to help you navigate the claim. However, it’s important to have a basic understanding of these protections in order to know you have options when something unfair happens at work - it may not just feel unfair, but it may actually be illegal. You should know when an employer is violating your rights and that you do have legal recourse.

How Does Worker Classification Impact Workers’ Rights?

Your legal protections can vary depending on your classification. What you should know is:

• Most employment protections cover full-time and part-time employees. This includes anti-discrimination laws, wage laws, and leave protections.
• Independent contractors (1099 workers) don’t have the same rights since they are not considered legal employees, but are still offered protections from harassment and discrimination.

Sometimes the waters are muddied and certain workers may be labeled “contractors” when they’re really acting as employees. If you’re not sure about how your employment status is classified, our firm can review your case and establish if you’re missing out on protections or pay.

Can I Get Overtime As A Salaried Worker?

Being salaried doesn’t automatically exempt you from overtime pay. In California, the only employees exempt from overtime are:

• Those whose duties fall under a specific exemption category
• Those who are paid up to the minimum salary threshold.

If you’re performing non-exempt tasks for long hours, or for less than the legal salary requirements, you may be entitled to overtime pay, even as a salaried employee.

Contact Us Today

Don’t assume your employer has it right. If you feel that you’ve been mistreated in the work place, or that your employer is violating your legal rights, call the Law Office of Ball & Yorke to consult with a California workers’ rights attorney today.