Employee Protections Granted by Federal and State Employment Laws

Generally workers and employees are granted employment protection through state and federal laws. These include protection against employment discrimination, abuse, wage and hour violations, denial of worker’s compensation and benefits, and other labor and employment issues.

Compared to federal and other state laws, California laws are among the most protective and far-reaching state employment laws in the nation.  These laws often provide greater protection for workers than those offered by federal employment laws.

California Wage and Hour Laws

For instance, California wage and hour laws give employees higher wages than what the Fail Labor Standards Act (FLSA) provides. In addition to this, the state employment laws are also more generous in regard to overtime law and equal pay. Here are some state laws that provide added employment protection for employees in California:

• Agricultural Labor Relations Act – This law prohibits employer to discharge agricultural workers for exercising their right to organize and engage in other protected, concerted activity
• Fair Employment and Housing Act (FEHA) – This law prohibits employment discrimination based on age, race, religion, disability, status, medical conditions such as pregnancy, and gender. It also requires employers to maintain a workplace free of harassment and protects employees from wrongful termination as a discriminatory or retaliatory act.
• Family Rights Leave Act – This law allows employees to take up to 12 weeks of unpaid leave when in serious health condition such as birth, adoption of a child, or to take care of a sick family member. This applies only to employers with 50 or more employees.
• Occupational Health and Safety – It prohibits retaliation against an employee who complains of safety and health issues.
• Whistleblower Protection Law – This law prohibits employers to discharge or take any adverse action against an employee who discloses information regarding violations of federal or state laws

Filing a Claim for an Employment law Violation

Victims of various employment law violations can seek redress for their grievances. They are also entitled to receive compensation through claims for employment violations such as wage and hour claim or overtime pay violations. There are various federal and state agencies where employees may file their complaints and claims for employment violations:

• Department of Fair Employment and Housing (DFEH)/ Equal Employment Opportunity Commission (EEOC) – These agencies handle discrimination complaints and cases.
• Department of Labor Standards Enforcement
• Department of Labor Relations, Wage and Hour Division/ DFEH – These agencies handle violations of the provisions of the Family and Medical Leave Act such as denial of twelve weeks of unpaid protected leave
• National Labor Relations Board – This agency handles cases such as preventing an employee to join the union or be involved in union activities
• Division of Worker’s Compensation – These agencies handle complaints involving workers’ compensation benefits
• Department of Industrial Relations/ Division of Occupational Safety and Health – These agencies deal with issues involving workplace safety and working conditions.

It is important for employers to abide by these acts, and for employees to report violations. Especially during rough economic times where mistreatment of employees happens more frequently due to a general fear of job loss.