The Essential Employee Rights in California You Need to Know

Employee rights are human rights but unfortunately, there are many employees who remain oblivious or ignorant to their legal rights in the workplace.

As knowledge is power, their lack of knowledge or awareness of their rights have made them vulnerable to unscrupulous employers or companies who wouldn’t hesitate to take advantage of you and pay you less benefits or wages than you rightfully deserve.

If you’re lucky, you wouldn’t have to worry about it because your boss is law-abiding and generous. If you’re a California resident, you’re even luckier because it is one of the most pro-employee states in the US. If you live and work in California as an hourly employee, here are some of the laws you should be familiar with:

• Rest and Meal Breaks

Not a lot of people are aware of their right to rest and meal breaks thus, it is one of the most commonly violated laws in the workplace.

Under the law, hourly employees who work more than 5 hours in a day are entitled to receive a 30-minute meal break. A second break is required if the employee works for more than 10 hours. Likewise, an employer should provide employees a 10 minute rest period for every 4 hours of work.

In the event that these meal and rest breaks were not provided and the employee had to work instead, the employer shall be held liable to pay you an additional hour of pay for each meal or rest break you were not provided during the last 4 years.

• Overtime

Employees must be paid overtime if they work for more than 8 hours in a day or more than 40 hours in a week. For each extra hour of work rendered, the employee should be paid 1 ½ times his hourly rate.

Employees who work for more than 12 hours a day are entitled to receive double time for extra hours worked. The failure of the employer or company to compensate you for overtime will render them liable to pay for overtime during the last 4 hours.

• Travel time and/or Waiting Time

Contrary to popular belief that travel or waiting time should not be compensated, waiting or travel time where the employee is under the control of the employer should be paid.

• Work-related Expenses Reimbursement

Any expenses you incurred which are work-related (i.e. uniforms, special work clothes, use of your car or cell phone in business) should be reimbursed by your employer.

• Final Paycheck

Final paychecks must be paid promptly by the employer depending on the circumstances of the termination of your employment. If your paycheck is late, he will be subjected to penalty waiting time aside from being liable for your last pay.

If you were fired by the employer, your final paycheck must be given on the day you were fired. However, if you voluntarily quit, your final paycheck must be given within 72 hours of your last day of employment.

These rights cannot be deprived or waived and in the event that you complained or were retaliated on or terminated because you asked for these benefits, you may file a case against your employer for these labor violations.