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Browse our 2 legal questions about Employment Rights in United States and the lawyer answers, or ask your own questions for free.
Employment Rights in Fresno, United States, adhere to both federal and California state laws. These regulations seek to protect employees in several aspects like wage and hour laws, safety standards, minimum wage, overtime calculations, family and medical leave, workplace discrimination, meal and rest breaks, and other job-related areas.
Lawyers can be essential in navigating the sophisticated employment environment and provide assistance on several fronts. This includes false termination claims, discrimination or harassment allegations, wage disputes, constructive dismissal cases, understanding and negotiating employment contracts, or other complex labor law matters. A lawyer can represent the individual's interests, explain their legal rights, and assist them in pursuing a claim or defense.
In Fresno, besides following federal law, employers must adhere to the more stringent California employment laws. For example, minimum wage in Fresno is the same as in California, currently $14.00 per hour for employers with 26 or more employees and $13.00 per hour for those with fewer. The state law requires a higher overtime pay than federal law. Fresno employers also have to stick to California's strict policies regarding meal and rest breaks, and employees can freely talk about their wages. Also, California is an “at-will employment” state meaning employers or employees can terminate employment at any time without cause, subject to certain exceptions.
Some exceptions to the "at-will employment" law in California include termination based on discrimination, refusal to violate a law, and retaliation. If such exceptions apply, you may be entitled to remedies such as compensation for lost wages, emotional distress, and punitive damages.
If you believe you've experienced workplace discrimination, you should document the incidents, file a complaint with your employer, and if it is still unresolved, consult with an employment lawyer or file a complaint with the California Department of Fair Employment and Housing.
Under California law, employees are entitled to overtime pay (1.5 times the regular rate) for working over 8 hours in a day, over 40 hours in a week, or for the first 8 hours on the seventh day of work in a week.
If you are eligible, your employer can't deny a valid request for leaves under the Family and Medical Leave Act or the California Family Rights Act which grants up to 12 weeks of unpaid leave for certain medical or family reasons.
Yes, under California law, you have the right to disclose, discuss, or inquire about your own wages or the wages of your co-workers for the purpose of enforcing rights under the wage laws.
Organizations that can offer assistance include the Fresno County Bar Association, Central California Legal Services, and California Rural Legal Assistance. Government entities like the California Department of Fair Employment and Housing and the United States Department of Labor can also provide valuable assistance.
If you believe your employment rights have been violated, first gather all relevant documents such as contracts, pay stubs, or any additional evidence. Document any incidents of violations. You should then consult with an employment lawyer to understand your legal options. If you cannot afford one, you can reach out to local legal aid organizations or the bar association’s lawyer referral service. Always remember it's essential to act promptly as some employment rights claims have strict deadlines.
