Almost everyone will have a job as they hate during their lifetime. Whether it is the restaurant where you sling hash in high school or the job that becomes a 20-year career, You are bound to have a bad work experience.
When you hate your job, you can’t help thinking about suing. However, it takes more than just contempt to make a good lawsuit. Your employer must have not paid you or violated your rights in order for you to be justified in suing them.
If you have been cheated out of pay or unjustly fired, there are few things that you should know about the basics of employment law before you actually file a complaint.
Labor Law Versus Employment Law
Labor law is often confused with employment law. Generally, labor law pertains to a group of people, whereas employment law has to do with the issues an individual experiences at work.
Labor laws tend to deal with such things as collective bargaining, the organization of unions, and worker’s rights to strike.
Employment Law has more to do with such issues as discrimination against a certain employee, failure to pay wages, or the breach of a contract.
4 Types of Employment laws
Ever since the Harvey Weinstein sexual harassment scandal exploded in 2018, the media has been paying more attention to the rights of employees.
Recent modifications to laws regarding arbitration agreements and confidentiality agreements have given new hope to people who have experienced harassment.
There are several national laws that protect workers. If your employer has violated one of them, you may want to talk to an employment attorney such as Steve Rubin.
The Civil Rights Act protects people from discrimination based on their age, race. sex. orientation, disability, or religion. If you believe you were fired because you are a member of a protected class, you will want to file a complaint with the Equal Employment Opportunities Commission. They will investigate the case and let you know if you can file a lawsuit.
1. The Fair Labor Standards Act
The Fair Labor Standards Act was originally passed in 1938 and it was intended to make sure that everyone got a fair day’s pay for a day of work.
It also protected child laborers from exploitation. It has been modified several times over the years. And it is the law that requires a minimum wage and overtime pay.
2. The ADA
The Americans with Disabilities Act reinforced laws protecting disabled people from discrimination and added some protection for them.
Because of the ADA, an employer must make reasonable accommodations for a disabled employee to working in the companies office.
The same opportunities must be provided for disabled workers as non-disabled workers. If you have been excluded from company activities because of your disability, you may be able to sue.
3. The Family Medical Leave Act
If you find yourself having to take care of a sick relative or if you fall ill yourself, the FMLA allows you to take time off work without worrying about losing your job.
You will be able to take up to 6 weeks of time off of work and you will get to keep your benefits.
4. Governor Newsom’s Changes to Californias Employment Laws
The Weinstein case inspired California legislators to change laws regarding arbitration agreements and non-disclosure agreements.
In 2019 the legislature passed AB-51 which would prohibit companies from having forced arbitration agreements. This law has been challenged by the federal courts and is currently unenforceable.
The COVID-19 pandemic also created new laws protecting workers. If workers in California are exposed to the virus, the company must post notices to employees, unions, and subcontractors. They must also notify the local health authorities. They must also shut down work sites in certain circumstances.
Going to work every day is hard enough without having to worry about being discriminated against. Most people rely on their jobs to take care of their basic needs. A person should never have to worry about their own survival if they have to take care of a sick relative.
If you have experienced a violation of any law that protects employees at your job, you should talk to a California employment attorney.
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