Employment Law in California – A Brief Guide

Complying with Employment Record Requirements

People residing in California need to abide by state rules and regulations. The employment law in the state is quite strict and yet provides many benefits to employees. Just like you may need an auto accident attorney in San Marcos, California, you may also require the services of a trusted employment lawyer in San Diego or San Marcos to fight for your employment rights.

As a Californian employee, you are protected by rigorous employment laws. You may enjoy additional rights under the state employment law. From wages to rest breaks, employees have an upper hand when it comes to seeking employment rights.

Let us go through some of the employment law in California:

  • Fair Employment & Housing Act or FEHA

FEHA forbids employers who have 5 or more employees from discriminating against them in terms of race, religion, color, national origin, physical or mental disability, medical condition, sexual orientation, sex, gender identity, pregnancy, marital status, age, and veteran status.

FEHA also forbids any form of retaliation against an individual who reports or assists another individual for disagreeing unlawful discrimination. You may approach best employment lawyers in San Diego, California to sort out any employment law issues that you are facing as an employee.

  • Pregnancy Rights

FEHA wants employers to provide decent accommodation to pregnant employees under the pregnancy accommodation clause. The same rule can be applied to childbirth or similar medical conditions to require the employer to offer modified duties or a new schedule to a particular employee.

  • Disability Accommodation Rights

An employee has to fulfill the obligation to provide reasonable accommodation to qualified employees with certain disabilities. Under FEHA law, it is a gross violation of the rules if an employer cannot provide the same.

  • Equal Pay Rights

Californian law prohibits favoritism or discrimination based on ethnicity, gender, or sex when it comes to payment of salary or wages for similar kinds of work. You can make a wage discrimination claim against your employer if it is based on sex or race.

  • Whistleblower Protection Rights

An employer having his company or firm in California cannot enforce any rule or policy that bars an employee from becoming a whistleblower. The term whistleblower can be applied to an employee who discloses vital info to a law enforcement agent or firm about his employer for the following:

  1. a) Violating state or federal statute.
  2. b) Violating state or federal rules.
  3. c) Making the employee work in an unsafe environment or indulge in dangerous work practices within the place of employment.

An employer cannot retaliate if his employee is a whistleblower or has exercised his whistleblower rights previously.

  • Credit Checks Rights

An employer can conduct credit checks only for specific job positions like law enforcement position and he has to give notice to the applicants that such an action will be performed. The employer is also required to inform the applicants if any adverse action is taken due to the credit check.

  • Criminal History Check

An employer should only check criminal history info if it is job-related. The employer must ignore certain types of felonious history that include the following:

  1. An arrest that did not end in conviction
  2. Convictions that were sealed, expunged or obviated by statute
  3. An arrest or detention that happened when the individual was minor or subject to juvenile court
  4. A non-felony conviction related to the illegal possession of marijuana (more than 2 years old).

You can get in touch with reputed and best employment attorneys in San Diego for all employment-related lawsuits. These professionals can represent employees to file lawsuits against their employers under California employment law.