Almost everyone who has spent enough time in the job market has encountered a toxic workplace. Some people may simply not get along, or the treatment may have been unfair. 57% of employees quit their jobs because of their employer.
However, if you think your boss is mistreating you, you have a right to pursue legal action. There are certain things your boss can’t legally do, especially if you live in California.
California has some of the most progressive labor laws. This legal framework protects employee rights and promotes a safe working environment. Whether you’re new to the job market or want to learn more about your rights as an employee, this is the article for you.
Read on to learn more about California labor laws.
1. Discriminate Against You
California prohibits discrimination in the workplace. Employers cannot make employment-related decisions based on protected classes. This includes age, sex, color, race, religion, national origin, or disability.
If your boss discriminated against you, file a complaint or pursue legal action.
How do you know when your employer exhibits prejudicial treatment towards you? At work, discrimination happens when you receive different treatment. Your boss shows unfair behavior towards you because of who you are or how they perceive you.
Some examples are unequal pay between genders, disability prejudice, and homophobia.
2. Punish You for Talking About Salary
It is common for coworkers to compare salaries to assess their worth in the job market. If one finds the pay unfair and unjust, this can lead to morale issues and decreased productivity. In a fair work environment, transparency is essential to address potential wage disparities.
Although legal, many bosses discourage salary discussions among employees. This enables them to maintain control over compensation decisions.
They retaliate to avoid pressure in handling wage disparities within the organization. In some cases, employers punish their employees for talking about salary. However, workplace rights do not allow sanctions over this kind of discussion.
In California, bosses and managers cannot reprimand workers for disclosing their salary information. The California Labor Code protects your right to ask, discuss, or disclose wages.
3. Commit Wage and Hour Violations
If you work for extended periods, your employer must provide you with overtime pay. This ensures fair compensation for your time and promotes a healthy work-life balance. Moreover, getting paid for extra work hours discourages employer exploitation.
If your boss refuses to give you overtime pay, they can face legal consequences.
Californians are entitled to fair compensation. The state incorporates strict laws on wage and hourly practices. When applicable, your employer must adhere to minimum wage requirements and overtime pay.
In addition, they must provide you with meals and rest breaks. Failure to comply forms wage and hour violations. If they fail to compensate you, you can take legal action.
4. Violate Protected Leave Laws
Another thing your boss can’t legally do is violate your protected leaves. Whether it’s for family or medical reasons, California labor laws protect you when you need to take time off work. Employers cannot retaliate against you for taking protected leave.
The California Family Rights Act (CFRA) and the Federal Family and Medical Leave Act (FMLA) grant employees the right to take unpaid leave without fear of losing their jobs. If you feel unwell, you are eligible for paid sick leave. In California, full-time employees have access to three full workdays per year.
What if you get sick for more than three days? Some companies allow you to combine your sick leave and paid time off, but policies can differ.
People often use their PTO for vacation or personal breaks to relax. It provides an opportunity to recharge and keep a healthy work-life balance. If you need extra days to rest, clarify with your HR department.
5. Invade Privacy
Does your employer conduct unwarranted surveillance? When your boss invades your privacy, you can feel violated, anxious, or betrayed.
You do not need to worry because California knows the vitality of employee privacy. The labor code protects workers from unwarranted invasions of their personal lives. From communications to polygraph tests, employers cannot engage in invasive practices.
To further enhance privacy protection, the California Electronic Communications Privacy Act (CALECPA) restricts employers from accessing electronic devices and communications. Document any incident where your boss violated your privacy and report it. Aside from your HR department, seek advice from your lawyer.
6. Fail to Provide a Safe Workplace
Employers are responsible for maintaining a safe and healthy workplace. They must inspect the area for hazards and address unsafe situations. They must adhere to the regulations set by the California Occupational Safety and Health Act (Cal/OSHA).
Your employer must provide a safe working environment and do their best to prevent workplace injuries and illnesses. They should have proper training, safety equipment, and hazard communication.
If you get hurt while working, your boss must compensate you to cover the costs of injuries. They also can’t force you to come to work if you believe the site is unsafe.
7. Enforce Unfair Non-compete Agreements
One of the things your boss can’t legally do is enforce unfair non-compete agreements. In California, employers cannot restrict employees from working with a competing business. You can apply for and go anywhere after leaving your current employment.
In most cases, non-compete agreements are unenforceable in California. However, there are exceptions, such as the sale of a business.
What can you do if your boss tries to enforce an unfair non-compete agreement? In this situation, you have legal grounds to challenge its validity. Protect your right to pursue future employment by filing a complaint.
What Are the Things Your Boss Can’t Legally Do?
As an employee, knowing your rights is crucial to maintaining a conducive workplace. There are things your boss can’t legally do against you, such as discriminating and enforcing unfair agreements. If you believe they violated your rights, gather evidence and seek legal advice.
Explore possible resolutions under California labor laws. In a safe workplace, you enjoy fair, equal, and respectful treatment. Check out our other blog posts for more tips on fostering a healthy work environment.
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