California, Los Angeles labor laws are pretty extensive, covering a wide array of concerns often voiced by the employee. As someone working in Los Angeles, in makes sense for you to understand exactly how the labor laws pertain to your case; therefore ensuring that you will never find yourself in a difficult situation.
That being said, following are some of the most frequently asked questions regarding the matter. You can find out more at Defend My Biz Home.
Can my employer ask me to undergo a drug test?
In the course of applying for a position, employers are well within their rights to ask for a drug test. If you are already a part of their workforce however, there must be a legitimate reason for requiring a drug test. Note that this is not true for all cases. Some job types – such as operating heavy machinery – are more delicate and therefore gives employers the right to require a drug test without informing you beforehand.
What is the minimum wage in Los Angeles?
Minimum wage in Los Angeles is actually higher than the Federal Minimum Wage which is $7.25. In this state, workers have a minimum wage of $8 per hour. The beauty here is that the $8 requires full payment from the employer. This means that the tips are not counted as part of the minimum wage requirement, therefore increasing the employee’s chances of earning beyond the minimum. DefendMYBiz Employer Attorney
Do labor laws apply to all workers?
It is important to note that under Los Angeles labor laws, there is a difference of treatment between an employee and an independent contractor. That being said, labor laws usually do not apply to workers who are defined as independent contractors as per California state laws. Note that under the state, it’s what you do rather than your job title that stresses the definition. If your payment is per job, then chances are you are an independent contractor.
What about undocumented workers?
California state labor laws manage to protect undocumented workers by ensuring that they are paid no lesser than minimum wage. There are also laws that protect the undocumented worker from being reported by the company they work for when it comes to federal immigration. In most cases, this is done by companies to prevent their undocumented workers from claiming unpaid wages.
What break periods do Employees have the right to claim?
Los Angeles labor laws state that non-exempt employees working more than 5 hours a day are allowed 30 minutes for their daily meal. An equivalent of ten minutes of break is also given for every four hours of work done in the office.
What about overtime payment?
Employees must be paid 1.5 times their regular hourly rate for every one hour they work beyond 8 hours a day or 40 hours a week. If your work hours go beyond 12 hours a day, then employers are required to pay you twice your regular hourly rates.
What about holidays and vacations?
Most people are of the opinion that under Los Angeles state laws, holidays and vacations are within your legal right. However – this isn’t actually the case. Employers are not legally bound to provide vacations, holidays and sick leaves to their employees.
Due to the fact that it is not a requirement, providing vacation holidays to their employees is often a generosity on the part of the company. This gives them the legal right to enforce boundaries as to when you can go and how long you can stay. If the allotted vacation time is not taken, companies may treat the said dates as regular working day with the equivalent payment if you leave your job.
Note though that the same does not hold true with sick leaves. Upon termination, sick leaves are not counted as part of your final paycheck. However, sick leaves are often flexible in their definition which means that you can use it to care for a child, a spouse, or perhaps a parent.
What are my salary rights if I quit?
At least 72 hours of notice when quitting a job is required if you want to claim your unpaid wages. When terminated however, salary must be paid in full and immediately, otherwise a penalty may be asked for by the employee.
Of course, those are just few of the Los Angeles labor law FAQs today. Make sure to do your research when it comes to labor laws within the state. Defend My Biz.com Los Angeles