3 Signs that Your Employer May be Violating California Labor Laws
As they say, knowledge is power. Unfortunately, we are not all California labor attorneys and the laws are ever changing. For this reason, I have written a simple blog on tell tale signs that your employer may be violating labor laws. This is obviously not an all encompassing article as they are numerous ways an employer can violate the law which many times are hard for even the most savvy and experienced labor attorney to find.
1. Employees are asked to work off the clock without recording time. In many instances, employers in this scenario, will take one of a few approaches to inspire employees to work off the clock. Commonly, employers create a threat of termination whether it is direct or indirect. This is accomplished through comments or memos in the workplace which infer that “you need us, more than we need you.” Employees who are afraid to lose their jobs many times grudgingly agree to then work off the clock without the proper compensation or recording of time to prove the hours they worked. Another common approach is for employers to offer comp time. In other words, the employee is asked to work in excess of 8 hours without overtime pay, in exchange for a vacation day, or coming in late on another day. This is illegal.
2. There are disputes and or lawsuits filed by past employees. Where there is smoke there is fire. In many cases, an employer fails to pay accumulated vacation, or when an employee leaves they fail to pay all final compensation upon separation. An employer has 3 days to pay the final wages of a resigning employee and must pay final wages immediately upon separation if the employee is terminated. If you are an employee and you notice that your employer is being sued by past employees, there is a reasonable chance you may be next should you separate from your employment. Therefore, it is prudent to document all wages, hours, and conduct of your employer along with witnesses for any perceived wrongdoing.
3. Constant turnover of employees. This is probably the greatest sign of workplace disharmony. Whether employees are being terminated or resigning due to dissatisfaction, a high percentage of turnover is indicative that the operations of the business are not going smoothly. Sometimes a hostile work environment has been created through yelling, swearing, sexual oriented jokes or postings, racist comments or the like. All of these scenarios can lead to employee turnover. When an employee finds themselves in this type of environment, again, it is wise to document all facts and witnesses and consider looking for another job.
If you are facing any of these types of conditions, it is wise to seek the advice of an experienced California labor law attorney. California labor law lawyers that have litigated these types of cases can provide the type of insight and advice needed to protect your rights.
California labor laws are complex; if you have any questions regarding your employment it is recommended that you contact a San Diego labor law attorney who can help you understand your rights and in many cases will review your situation without charge.
If you have any questions about this article or our blog, feel free to call us at:
San Diego – (619) 342-1242
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