California Labor Law
Los Angeles Employment Lawyer
All California employees are protected by law to receive basic rights.
Since laws are constantly changing, many workers may be unaware of their
rights under California Labor Law. Our goal as
Los Angeles employment attorneys is to protect workers against California Labor Law violations, so if you
believe that you have become a victim of one or multiple labor law violations,
contact our firm today to begin discussing your rights and what you can
do to seek justice.
Right to Overtime Compensation
While there are some exemptions to the overtime compensation rule, many
workers are entitled to time-and-a-half or "overtime" for hours
worked over the 8-hour threshold or 40-hour workweek. Some workers who
are considered exempt from this compensation include:
- Those in executive, administrative and professional positions
- Computer software workers
- State employees
- Independently contracted sales employees
- Immediate family members of the employer
Commercial drivers (regulated by DOT),
Time-and-a-half means that for every hour worked overtime, the employee
should be compensated their regular rate of pay plus one half of that.
For example, if you earn $9.00 per hour and work one hour of overtime,
that overtime hour would be compensated $13.50.
Right to Minimum Wage
Currently, the minimum wage in California is $8.00 per hour with plans
to increase to $10 per hour by 2016. State minimum wage can differ from
federal minimum wage, which is why California's minimum wage exceeds
the federal minimum wage (currently set at $7.25). Like with overtime
pay, some employees are exempt from receiving the minimum wage. This could
include outside salespersons and many of the same exempt persons as with
overtime exemptions. To learn more about the minimum wage in California,
you can defer to the State of California's
minimum wage FAQ page.
Right to Unemployment
Qualified employees are entitled to unemployment insurance if they are
unemployed at no fault of his or her own. For example, if an employee
is fired from their position of employment because of misconduct, then
they likely will not qualify for unemployment insurance. You do not have
to be completely unemployed to receive these benefits. Some partially
unemployed people qualify. Other ways to qualify for unemployment include:
- Physical inability to work
- Currently unemployed but are ready and willing to work
- Are unemployed but are actively seeking employment
- Have received adequate wages prior to becoming unemployed
Other Rights Listed in California Labor Law
California Labor laws are extremely extensive and deal with subjects such
as fair compensation, assignment of wages, working hours, privileges,
defines unfair labor practices and more. If you believe your labor rights
are being violated but aren't sure where to start looking, contact
a Los Angeles employment lawyer at Martinian & Associates INC. as
soon as possible. You don't have to spend hours wading through California
labor codes to find out your rights, but can go directly to our firm for answers!
Contacting a Los Angeles Employment Attorney
Martinian & Associates INC. has an intense familiarity with California
labor laws and can protect you if your rights are being violated. Our
firm is led by Attorney Tigran Martinian, who has been in the legal field
for 15 years. Together with his qualified firm, you can trust that you
are getting the best representation possible in your employment law matter.
For a free and confidential
evaluation of your case, call today!