FAQ: What You Need to Understand About Employment Law in 2018
On behalf of Rager Law Firm posted on February 17, 2018
It may seem as if employment laws change every single year, so keeping up to date with the current laws is not the easiest task. It’s true that employment laws are modified by lawmakers quite often, but that’s not the only problem here.
Our Pasadena employment law attorney Jeffrey Rager argues that the vast majority of employers and employees in California do not know their basic rights, which breeds countless law violations in the workplace as well as such issues as unpaid overtime, discrimination, harassment and wrongful termination.
Today, our best lawyers in Pasadena are going to address some of the most frequently asked questions from our readers.
Why would you want to know the answers to these questions?
To have a broad understanding of employment laws.
To be up-to-date with new employment laws in California in 2018.
To be able to take legal action as soon as you spot any legal violations in the workplace.
To prevent your employer from engaging in illegal conduct, hurting you and other employees.
To alleviate some of your concerns regarding your employer’s behavior, which you thought is illegal but isn’t.
Q: What does an employer have to pay overtime?
Under federal and state laws in Pasadena, employers are legally required to pay all nonexempt employees overtime pay at a rate of 1.5 times their regular pay for any hours worked in excess of 8 hours per day and 40 hours per week.
Although employers are legally required to pay nonexempt employees on an hourly basis, nonexempt employees who are paid on a piece rate, daily rate or salary basis, are also entitled to overtime pay – their pay is calculated differently and based on a variety of factors.
Q: What are meal break requirements in California?
Even though federal laws in the U.S. do NOT require employers to provide any types of breaks to employees, states laws do. Under California law, employees are entitled to meal and rest breaks of at least 30 minutes for a shift more than 5 hours in a workday. Also, employees in Pasadena and all across California are entitled to a 10-minute break for every 4 hours worked.
Q: Can an employer fire me for no reason at all?
Under California employment law, an employer can fire employees for no reason at all as long as they work on an “at will” basis. See your employment contract to know whether or not you are categorized as such. However, no matter whether you’re an at will employee or not, it would be unlawful to fire you on the basis of race, age, gender, marital status, religion, sexual orientation, retaliation and other reasons outlined in the wrongful termination laws.
Q: Are payroll cuts lawful or not?
While it may seem as if any payroll cut is unlawful, it’s not true. However, in order for a pay reduction to be qualified as lawful, an employer must make cuts equally across all employees – regardless of gender, race, age, religion, disability and other protected characteristic. Also, our employment law attorney in Pasadena at Rager Offices Law warns that an employer is legally required to provide written notice at least 30 days prior the payroll cut.
Q: What questions are banned during a job interview?
Until recently, California employers had been prohibited from asking a job applicant any questions relating to his or her age, religion, national origin, or marital/parental status unless it is considered a Bona Fide Occupational Qualification. Also, it’s illegal to ask a job applicant about his disabilities.
Starting January 1, 2018, employers in Pasadena and all across California can also no longer ask questions about prospective employees’ prior salary or prior convictions.
If you have any questions, address them in a private phone call during a free consultation with our Pasadena employment law lawyer. Call Rager Offices Law at 310-527-6994 for a free case evaluation.