Common Labor and Employment Laws

There are more than 180 federal and state employment and labor laws that apply to employers and employees in Irvine, California.

That is why it is important to get the help of an experienced Irvine labor and employment lawyer if you feel that some of your rights have been violated in the workplace.

But to help you understand some of the laws that apply to your rights in the workplace, here is a summary of some of the most basic labor and employment laws:

Wages and Hours

The Fair Labor Standards Act sets the standard in paying wages and overtime hours covered.

In California, the minimum wage is set at $8 per hour.

Workers are also only required to work 8 hours a day or an equivalent of 40 hours per week.

All work done outside the required 40 hours should be paid as overtime.

Family and Medical Leave Act

This law gives qualified employees the benefit of getting unpaid leaves of up to 12 weeks without the threat of losing their job.

However, the qualified employee may only take advantage of this law for the following causes:

• Caring for a family member (spouse, children or parents) who have a serious illness
• Giving birth
• Taking care and forming a bond with a newborn or adopted child

In California, employees may take advantage of the Paid Family Leave Program together with this law to receive some income while on leave.

Worker’s Compensation

This law provides payments to employees who are injured on the job. This applies to workers who are not able to get back to work immediately because the injury left them temporarily disabled.

However, the worker should note that they will also be waiving their right to sue the employer for personal injuries once they take advantage of this benefit.

Employee Benefits Security

The Employee Retirement Income Security Law (ERISA) regulates the pension and welfare benefit given by employers to their employees.

Workplace Safety and Health

The Occupational Safety and Health Act require employers to provide their workers with a safe workplace in accordance with the standards set by the law.

Discrimination Laws

Here are some of the most common federal discrimination laws:

• Title VII of the Civil Rights Act of 1964 – This law protects employees from discrimination based on their race, color, national origin and sex. The law applies to recruitment, termination, compensation and benefits, promotion and other areas of employment.
• Americans with Disabilities Act – Protects qualified employees from discrimination based on their disability or medical condition.
• Age Discrimination in Employment Act – Protects employees who are aged 40 and above from being discriminated based on their age.
• Equal Pay Act – Requires that men and women receive the same pay for equal work in the same establishment with similar conditions.

To understand more about these laws you should consult an expert Irvine labor and employment law attorney.