Question 1

What rights do employees have in California?

Accepted Answer

Employees in California have extensive rights including minimum wage protection, overtime pay for working more than eight hours daily or 40 hours weekly, meal and rest breaks, protection against discrimination and harassment, family and medical leave, protection against retaliation for reporting violations, paid sick leave, and workers compensation for work-related injuries.

Question 2

How do I know if I was wrongfully terminated?

Accepted Answer

Wrongful termination occurs when you are fired for illegal reasons such as discrimination, retaliation for whistleblowing, or violating your employment contract terms. California at-will employment laws do not protect employers who terminate for illegal reasons. Consult with an experienced employment attorney to evaluate your specific situation.

Question 3

Can I sue my employer for not giving me breaks in California?

Accepted Answer

Yes, California employees have the right to meal and rest breaks under state labor laws. If your employer consistently denies these breaks, you may have grounds for a wage and hour violations claim. It is advisable to consult with an employment law attorney to understand your rights and explore legal options.

Question 4

Is pregnancy discrimination legal in California?

Accepted Answer

No, pregnancy discrimination is illegal in California under both federal and state law. Employers are prohibited from discriminating against women based on pregnancy and must make reasonable accommodations for pregnant employees. This includes protection in hiring, promotions, job assignments, and terminations.

Question 5

What is sexual harassment in the workplace?

Accepted Answer

Sexual harassment includes inappropriate sexual advances, promotion offers contingent on sexual favors, threats or terminations after declining advances, inappropriate verbal or visual conduct, unwanted propositions or comments, and unwanted physical contact. Both verbal and physical harassment are illegal and create hostile work environments.

Question 6

Who qualifies for FMLA leave?

Accepted Answer

To qualify for FMLA leave, employees must have worked for their employer for at least 12 months and worked at least 1,250 hours during the preceding 12 months. The employer must be either a public employer or a private employer with 50 or more employees within 75 miles of the employee location.

Employment Law FAQs | California Workers’ Rights Questions Answered

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