This guide outlines the basics of how labor laws provide protection, and must be adhered to.
In states such as California, all workers get protected by Labor Laws. Once you get hired, you have rights under Labor Law, it does not matter where you are born or what your legal status is. Labor Laws have standardized principles: they protect employees’ rights. The primary functions of these laws are to provide equal opportunities, pay attention to employees’ physical and mental well-being and safety, and ensure workplace diversity.
Enforcement of the Labor Laws is important so that the employers get obligated to respect the rights of the employees. Employers use the arrangement that Labor Laws provide to ensure that their businesses follow federal laws.
Labor Laws prohibit an employer from discriminating against employees in a variety of protected classes. If you or any of your colleagues have felt discrimination at your workplace, then you can seek advice from an employment lawyer in Los Angeles and can get your case evaluated by top attorneys.
Why are Labor Laws crucial?
Labor laws are important because of the following reasons:
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Equal Opportunity – No Discrimination
California Fair Employment and Housing Act (FEHA) is the act that prohibits discrimination by employers of five or more employees under protected characteristics including race, religion, color, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, sexual orientation, gender identity/gender expression, pregnancy, age, and military/veteran status.
Under these labor laws, employers mandatorily consider and give equal opportunities to all workers.
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Ensuring Equal Pay
Under the law, employers are prohibited from establishing dissimilar pay scales or using different reward practices based on employees’ gender, race, and ethnicity. The employer has to ensure equal pay to employees performing jobs with the same duties, having similar responsibilities, and needing equal effort.
As a defense against wage discrimination claim, the employer must be able to show that the pay difference is because of seniority, merit, quality or quantity of production, and education, and not on the basis of sex, race, and ethnicity.
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Discussion Of Wages & Overtime
An employer may not prohibit an employee from discussing their compensation or wages or discussing the compensation and wages of another employee. The employer cannot discriminate against the employees who are engaged in such conduct. In case of variation in pay, the employer has to prove with appropriate reason for variation in pay that is not discriminatory.
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Protection Of Whistleblowers
A whistleblower is an employee who discloses information to a government or law enforcement agency about a violation or suspected violation of law, including unsafe working conditions. The employer is prohibited to discriminate or retaliate against an employee because he is a whistleblower, or acted as a whistleblower in any former employment.
An employer cannot discriminate against an employee who refuses to take part in an activity that would result in a violation of a state or federal rule or regulation.
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Family & Sick Leaves
Under the Labor Laws, employers grant leaves to employees who are sick or employees whose family members are sick or need care. The Family and Medical Leave Act (FMLA) functions to protect workers from getting penalized by employers when they need time off or family leaves to care for a serious medical condition of a family member. The law grant leaves to employees who are new parents, parents of school children, victims of domestic violence, military personnel, and more, for up to 12 weeks of job-protected leave for a serious health condition, to care for a family member with a serious health condition, or childbirth, adoption, or foster care.
- Protects from Sexual Harassment
An intimidating work environment is one of the most common problems at the workplace. Moreover, sexual harassment is the most complicated situation for employees to handle. Some employers might take this situation as a joke or start behaving strangely. This results in the degrading performance of the employees. Workplace sexual harassment can be life-changing, and if not addressed in time, outcomes can be worst.
The labor law protects you from becoming victims of sexual harassment. The law gives you the right to work in a safe and fair environment. The employer can be legally accounted for sexual harassment. Sexual Harassment law protects both women and men along with individuals of other sexual orientations.
- Ensures Safe Workplace Environments
According to the labor law, employers must provide a safe and healthy work environment to their workforce. Employees have certain rights at the workplace and especially the ones that help them stay safe. Such as – employees are required to be trained in the language they understand, it is compulsory to provide the necessary safety equipment to the employees, employees must be educated on how to report an injury or illness, the employees also have the right to speak about the unsafe working conditions without fear of reprisal.
- Ensures Accommodation
The labor law and Fair Employment and Housing Act (FEHA), require an employer to provide reasonable accommodation to an employee under the below-mentioned cases:
- Pregnancy
- Childbirth
- Pregnancy-related medical condition
- Religious reasons
- Disability
The employer is obligated to provide reasonable accommodation, which includes modified duties, schedules, equipment, etc. In other words, according to the Labor Law, the employer is supposed to provide support when an employee is undergoing pregnancy or childbirth, or when they are suffering from a disability. The employer is also obligated to accommodate for your religious views.
- Restricts the employer from enquiring about Salary History
The labor law restricts the employer from asking the applicant about their salary history, compensations, benefits, etc, orally or in writing. The employer has to rely on the salary history information that has been provided by the applicant. It is also mandatory for the employer to provide the pay scale of the position the applicant is applying for. The employer cannot prompt; yet, the applicant can voluntarily disclose their salary history information.
Conclusion
Be aware that where there is overlap between federal, state, and/or local law, complying with the law that offers the greatest rights or benefits to the employee will generally apply.
All employees have the right to work in an environment that is free from discrimination and provides equal pay, benefits, and treatment.
