Some employment laws at the federal level may vary from state-level policies in California. This is because federal employment laws tend to be broader, more like a baseline, and more comprehensive policies are applied in state laws.
Fortunately, California laws offer more benefits and rights to workers. That said, let's look at federal labor laws and how they might differ from California employment laws.
Federal Laws, California Employment Laws, And How It Affects Employees And Workers
What Dictates The Federal Employment Laws?
Federal laws that cover employment rights include the following:
- Civil Rights Act of 1964 outlines policies against discrimination based on race, color, religion, sex, and national origin
- The Age Discrimination in Employment Act protects employees ages 40 and up. This ensures they don't suffer discrimination or adverse employment actions to be pushed out for younger employees.
- The Americans with Disabilities Act lists the rights to and on employment of disabled workers. Employers are also compelled to fulfill reasonable accommodations to help disabled workers at the workplace.
- The Fair Labor Standards Act denotes wage-related policies, including minimum wage, overtime, etc.
- The Equal Pay Act amends the Fair Labor Standards Act, focusing on sex-based wage disparity.
These laws set up federal wage requirements, workplace equality, accommodations, etc. You can report an employer for any violations based on the federal statutes listed above.
That said, there needs to be a strict process of how you should file your complaints. The best recourse is to contact a California labor lawyer to go through your case and advice you on the best action to take.
Why Does The Distinction Between Federal Vs. California Employment Laws?
Employers will base their contracts and worker treatment on federal laws, intentionally or not. However, certain policies in federal law are widely different (and less beneficial) than the ones in California employment law.
For example, FLSA's set minimum wage is $7.25, unchanged since 2009. In California, however, the minimum wage is $15. Therefore, if your employer has been referring to the FLSA, you are owed back pay under California law. When this happens, you can sue for unpaid wages in California.
In some cases, like rest and meal breaks, the FLSA doesn't have any set policies on them at all. However, California law does, and it should be the one followed by local employers.
(To learn more about how the FLSA is expanded under California employment law, read our previous post on Wages and the Fair Labor Standards Act Vs. California Law.)
Another example is that while the Civil Rights Act of 1964 lists several protected attributes, California has expanded its coverage of anti-discrimination policies.
In short, your boss can't choose which policies they adhere to. They should follow laws set in California.
Why You Need An Employment Law Attorney In Los Angeles
The process involved in filing specific employment law claims can be confusing. You'll need to collect evidence, approach the right agencies, and possibly attend negotiations with your employer. If your California employer refuses to negotiate or come to a settlement, you can sue them for employment claims.
That said, it's best to have a prescreened Labor Law California Attorney to help you go through this stringent process. Not only will an employment law attorney in Los Angeles represent you in court, but they can also review your case, do their own investigations, gather evidence to support your claim, and represent you in settlement negotiations or in court.
Hire Top California Employment Law Attorneys Near Me
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