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San Diego Employment Law
Employment laws are a collection of laws and rules that help regulate relationships between employers and employees. These laws state when an employer can hire employees and when said employee can work. The San Diego employment laws create minimum requirements for working conditions for employees. The regulations cover what an employer must pay the employee for work too.
Table of Contents
- Following San Diego’s Employment Law
- What Are The Major Employment Laws?
- Unlawful Workplace Discrimination
- Who Practices Employment Law?
- Following The Law in The Workplace
- Call a San Diego Employment Law Attorney Today
Following San Diego’s Employment Law
Whenever a company hires an employee, there is a lot they need to consider and know. Minimum wage laws require the employer to pay a certain amount. Other parts of the law prohibit the employer from discriminating against candidates or employees based on specific traits.
All employers are also responsible for creating a safe working environment for everyone. Specifically, in exceptional cases, employers have to provide health insurance. It is up to employers to collect and submit payroll taxes on behalf of employees.
With so many regulations, though, it isn’t unusual for employers to feel a significant amount of stress. This challenge is because U.S. labor laws have developed through the years and are not all in one place. More times than not, employers turn to lawyers for help.
Similarly, employees want labor laws in place. This focus ensures that they receive help from an employment attorney in understanding the rules and if the employer violates them. Often, employees turn to employment attorneys to help them enforce the law when the employer neglects to abide by it.
What Are The Major Employment Laws?
The most notable employment laws in the country include the following.
Minimum Wage Laws
The Fair Labor Standards Act of 1938 sets a minimum wage. States like California also have minimum wage laws. States cannot make lower minimum wages, but they can make the minimum wage higher than federal law requires. In certain instances, different types of employees might have unique considerations. Some employees might receive piece-rate pay or have other arrangements, but their compensation must always comply with wage laws.
Overtime Pay Laws
As in many other cities and states, San Diego employees have the right to overtime pay. Again, the Fair Labor Standards Act mentions that an employer has to pay time and a half for any hours that an hourly employee works over 40 hours per week. There is no maximum number of hours that an employee can work in a week. There is also no right to overtime for working over the weekend if the employee’s total hours stay under 40. Additionally, there is no limit to the number of days an employee can work in a week.
Family And Medical Leave
The U.S. has no mandate in effect for paid medical leave. Although, the Family and Medical Leave Act of 1963 says that larger employers must offer the option of up to 12 weeks of unpaid family leave. The purpose of family leave is to provide relief for an employee after the birth or adoption of a child. It is also a way to care for the employee’s health problems or care for a spouse, child, or parent.
Every employee has the right to organize collective bargaining with their employer. The Clayton Act of 1914, the National Labor Relations Act of 1935, and the Labor-Management Reporting and Disclosure Act of 1959 enforce collective bargaining. If more than 50 percent of a workforce wishes to organize, a company must negotiate.
Safe Working Conditions
Employees have a legal right to safe working conditions. The Occupational Safety and Health Act of 1970 offers protection to employees from hazards at work like chemicals, noise, sanitation problems, and more. Employers cannot retaliate against an employee who is exercising their rights.
Unlawful Workplace Discrimination
Under employment laws, employers have to avoid discrimination against employees. This mandate includes discrimination based on race, color, religion, sex, national origin, disability, and other protected characteristics. The California Fair Employment and Housing Act (FEHA) and the Civil Rights Act of 1964 prevent employers from treating employees unfairly or allowing harassment based on protected factors.
When age becomes a factor, the Age Discrimination in Employment Act of 1967 does not tolerate any form of prejudice against employees over age 40. For employees with disabilities or religious beliefs, employers must make reasonable accommodations to allow the employee to perform their job while respecting their religious practice or disability.
Who Practices Employment Law?
The short answer states that employers, employees, and the government need employment lawyers. These attorneys work as in-house counsel, in private law firms, and for the government. In terms of the employers, they rely on attorneys to help comply with the myriad of laws that they are to follow when lawfully forming or terminating employment relationships. Employment lawyers can help employers save money and time. They also ensure that they treat employers fair.
On the other hand, employees rely on attorneys to assist them whenever employers are not complying with the law. A great example is when an employee must enforce mandatory overtime pay or file a discrimination claim. All the unions utilize employment attorneys in collective bargaining negotiations.
At the same time, employers and employees might depend on lawyers to draft and negotiate a contract or employment.
Finally, employment lawyers work for the government. This range of government jobs includes one government agency that may draft and recommend employment laws to the President and Congress. Government agencies like this evaluate employment data and even enforce employment laws.
Following The Law in The Workplace
Throughout San Diego and the entire country, companies of all shapes and sizes must adhere to employment laws. A huge part of employment lawyers’ jobs is to tell companies what they need to comply with the law. At the same time, employment lawyers assist clients with pursuing enforcement or resolving a situation when there is a violation.
Call a San Diego Employment Law Attorney Today
Contact Haeggquist & Eck, LLP immediately if you experience unlawful activity in the workplace. Call our office at (619) 342-8000, or complete our contact form for your free case evaluation with our San Diego employment law attorneys today.
Haeggquist & Eck, LLP – Local Office
225 Broadway #2050
San Diego, CA 92101
Ian Pike is a fantastic attorney! He helped me with legal issues that I was having at work with patience and professionalism. He took the time to listen to and address all of my concerns. I am very grateful to have had his help and strongly recommend him. Thanks again for everything! – Sara Keane
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