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Browse our 3 legal questions about Employment & Labor in United States and the lawyer answers, or ask your own questions for free.
Employment and Labor Laws in Los Angeles are designed to regulate the relationship between employers and employees, thereby safeguarding the rights of workers. These laws cover various facets of employment including discrimination, harassment, wage and hour regulations, workers' compensation, and labor relations. With both federal and state laws governing these aspects, the City of Los Angeles has additional ordinances to further protect employees' rights.
There are numerous situations where hiring a lawyer is advisable. If you feel your rights have been denied or violated in the workplace, if you are facing illegal workplace practices such as discrimination, wrongful dismissal, or wage theft, or if you need help navigating through employment contracts and disputes, it is important to consult with a lawyer. Legal counsel can provide advice based on your specific situation, helping you understand your rights and possible remedies in an often complex legal environment.
California has some of the most comprehensive labor laws in the United States. For instance, it ensures payment for overtime beyond the federal laws' limits. Additionally, the City of Los Angeles has instituted a city-wide minimum wage which is higher than the state and federal minimum wage. There are also laws specific to Los Angeles regarding paid leave. Furthermore, California law prohibits numerous forms of workplace discrimination and retaliation, including protections for whistleblowers.
Los Angeles implements a higher minimum wage compared to federal law and it increases annually until it reaches $15.00 per hour for all employers. Overtime applies to any work over 8 hours in one workday, over 40 hours in one workweek, or the first 8 hours worked on the 7th day of work in one workweek.
Workplace harassment is any unwelcome or offensive behavior in the workplace that is based on race, color, religion, sex, nationality, age, physical or mental disability, or genetic information. Harassment may include jokes, threats, physical assaults or intimidation, slurs or mockery, interference with work performance, or any form of retaliation for reporting these activities.
Los Angeles enforces California's Whistleblower Protection Act, which protects employees from retaliation for reporting illegal acts of their employers.
You must file a complaint with the California Department of Fair Employment and Housing (DFEH) within three years from the date of the alleged discriminatory action. It's recommended to consult with an employment lawyer to understand the specific steps and evidential requirements.
California is an at-will employment state, meaning an employer can terminate an employee for any reason, unless it is based on an illegal motive. However, the law provides several exceptions to protect employees from wrongful termination.
The California Department of Industrial Relations and the California Department of Fair Employment and Housing are great resources to understand workers' rights and employer obligations. Additionally, the Equal Employment Opportunity Commission (EEOC) provides resources related to federal employment laws.
If you believe your rights have been violated or need legal advice, it's advisable to consult with an employment lawyer. Gather all relevant documentation related to your concern, such as employment contract, pay stubs, emails or memos, which can help the lawyer understand your case. Depending on your situation, they may provide advice, represent you in negotiations with your employer or represent you in court.
