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Los Angeles labor law, as part of Californian and Federal jurisdiction, aims to protect workers' rights covering different aspects such as minimum wage, overtime, meal and rest breaks, and safe working conditions. It encompasses standards set by the Fair Labor Standards Act (FLSA), and California’s more stringent labor laws. It applies to all private and public sector employees unless specifically exempted.
You may need a labor lawyer when facing issues related to wrongful termination, discrimination, harassment, wage and hour disputes, and safety violations. If your employer is not following the California Labor Code or Federal labor laws, you should seek legal advice. A lawyer can also help with understanding employment contracts, benefit claim issues, and workers' compensation problems.
Los Angeles labor law, as governed by California labor laws, set forth some of the strictest worker protections in the United States. For instance, there are laws that mandate employers to provide meal and rest breaks. Nonexempt employees are entitled to overtime pay of 1.5 times the regular rate after 8 hours of work in a day or 40 hours a week. There are also strong laws against different forms of discrimination and harassment at the workplace. Minimum wage in Los Angeles, as of 2021, is $15 per hour for employers with 26 or more employees, and $14.25 for those with fewer than 26 employees.
California is an ‘at-will’ employment state. This means, in the absence of an employment contract, an employer can terminate you without reason. However, they cannot fire you for illegal reasons such as discrimination or retaliation.
Nonexempt employees are entitled to 1.5 times their regular pay rate for hours worked beyond 8 in a day or 40 in a week, and double time for hours worked over 12 in a day or 8 on the 7th consecutive day of work in a week.
If you are not receiving the Los Angeles minimum wage, you can file a claim against your employer with the labor commissioner’s office. It is advisable to seek legal help in such issues to ensure your rights are protected.
You have a right to a workplace free from harassment or discrimination based on protected characteristics such as race, sex, religion, age, etc. If you face such issues, report them to your employer or HR, and if not resolved, you can file a complaint with governmental agencies or consult with a lawyer.
Under California laws, employees who work more than 5 hours a day are entitled to a 30-minute unpaid meal break. For shifts longer than 10 hours, a second meal break is required. Also, employees are eligible for a 10-minute paid rest break for every 4 hours worked or a major fraction of it.
The Department of Industrial Relations (DIR) and California's Labor and Workforce Development Agency (LWDA) are governmental organizations that provide resources and handle labor law related issues. Nonprofit organizations such as the Legal Aid Foundation of Los Angeles (LAFLA) and Bet Tzedek Legal Services also provide pro bono legal help in labor law issues.
If you need legal assistance in labor law in Los Angeles, the first step is to gather all related documents such as contracts, pay stubs, emails, etc. Then, consult with a labor law attorney. They can guide you through the legal options and represent you in proceedings. Organizations like LAFLA and Bet Tzedek Legal Services provide free or low-cost legal aid if affordability is an issue.
