California’s Employment and Labor Laws: Why are They Better?
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The realms of employment and labor in the State of California are not without their common issues, such as discrimination, harassment, and anything that demonstrates unfair treatment to employees. Fortunately for them, they are able to fight for their rights as workers by seeking protection from the state’s employment and labor laws.
One has to wonder though: why are these laws better? Sure, California is just like any other state in terms of having state employment and labor laws; however, what sets the state apart from others is due to one simple fact: leniency.
What makes California’s employment, labor laws better?
Aside from being lenient to workers, the state’s employment and labor laws provide better protection to them against their erring employers. All the employees have to do is file a complaint with the appropriate employment and labor agency.
Employment and labor agencies on the federal and state level strictly enforce these laws, making sure that justice is served on the affected employees. Also, the laws cover almost all employment and labor issues such as the following:
• Discrimination and harassment
In California, discrimination and harassment in employment are both prohibited under the federal Title VII of the Civil Rights Act of 1964 and the state Fair Employment and Housing Act (FEHA). The U.S. Equal Employment Opportunity Commission (EEOC) enforces Title VII, while the state’s Department of Fair Employment and Housing (DFEH) enforces the FEHA.
While these two laws are the same in terms of offering protection to employees, the FEHA has expanded employee protection provisions that are not available under the federal Title VII.
For example, discrimination on the basis of gender, physical or mental disability or condition, marital status, and pregnancy, childbirth or other related conditions are not covered by the federal law, but is covered by the FEHA. Additionally, while the Title VII covers employers with 15 or more employees, the FEHA covers employers with five or more employees.
• Minimum wage, overtime
The laws on minimum wage and overtime pay differ from their federal counterparts. If the federal minimum wage stands at $7.25, then it is $8.00 in the State of California. With this difference in rates, employers must adhere to what is more beneficial for the employee, which is, of course, the latter.
Similarly, a California employee is entitled to 200 percent of his or her hourly rates for every hour he or she exceeds the 40-hour workweek. This is different from the federal law in which an employee is entitled 150 percent of the same thing.
Incidentally, if you are a California employee and you have been treated unfairly in any form by your employer, you may either file a complaint with the right agency or seek the help of a Los Angeles employment lawyer.
ABOUT THE AUTHOR: Rodney Mesriani
Rodney Mesriani, Esq. is the founder of the Mesriani Law Group, a full service law firm that specializes in personal injury, employment and labor, social security and disability, and business and corporate cases. He has been successfully representing clients for more than 15 years now.
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More information about Mesriani Law Group
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
What makes California’s employment, labor laws better?
Aside from being lenient to workers, the state’s employment and labor laws provide better protection to them against their erring employers. All the employees have to do is file a complaint with the appropriate employment and labor agency.
Employment and labor agencies on the federal and state level strictly enforce these laws, making sure that justice is served on the affected employees. Also, the laws cover almost all employment and labor issues such as the following:
• Discrimination and harassment
In California, discrimination and harassment in employment are both prohibited under the federal Title VII of the Civil Rights Act of 1964 and the state Fair Employment and Housing Act (FEHA). The U.S. Equal Employment Opportunity Commission (EEOC) enforces Title VII, while the state’s Department of Fair Employment and Housing (DFEH) enforces the FEHA.
While these two laws are the same in terms of offering protection to employees, the FEHA has expanded employee protection provisions that are not available under the federal Title VII.
For example, discrimination on the basis of gender, physical or mental disability or condition, marital status, and pregnancy, childbirth or other related conditions are not covered by the federal law, but is covered by the FEHA. Additionally, while the Title VII covers employers with 15 or more employees, the FEHA covers employers with five or more employees.
• Minimum wage, overtime
The laws on minimum wage and overtime pay differ from their federal counterparts. If the federal minimum wage stands at $7.25, then it is $8.00 in the State of California. With this difference in rates, employers must adhere to what is more beneficial for the employee, which is, of course, the latter.
Similarly, a California employee is entitled to 200 percent of his or her hourly rates for every hour he or she exceeds the 40-hour workweek. This is different from the federal law in which an employee is entitled 150 percent of the same thing.
Incidentally, if you are a California employee and you have been treated unfairly in any form by your employer, you may either file a complaint with the right agency or seek the help of a Los Angeles employment lawyer.
ABOUT THE AUTHOR: Rodney Mesriani
Rodney Mesriani, Esq. is the founder of the Mesriani Law Group, a full service law firm that specializes in personal injury, employment and labor, social security and disability, and business and corporate cases. He has been successfully representing clients for more than 15 years now.
Copyright Mesriani Law Group - Google+
More information about Mesriani Law Group
View all articles published by Mesriani Law Group
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
