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The Top 5 Most Common Employment Law Violations in California

California has some of the most employee-friendly laws in the nation, and employers are required to adhere to a wide range of regulations. However, despite these laws, employment law violations are still common in the state. Some of the most common employment law violations in California include:

  1. Failure to pay minimum wage: California has a higher minimum wage than the federal minimum wage, and employers are required to pay their employees at least the applicable minimum wage. This includes paying overtime for any hours worked over 40 in a week. (Labor Code section 1194)
  2. Failure to provide meal and rest breaks: California law requires employers to provide their employees with a meal break of at least 30 minutes for every 5 hours worked and a rest break of at least 10 minutes for every 4 hours worked. (Labor Code section 226.7)
  3. Misclassification of employees as independent contractors: Some employers may try to avoid paying certain benefits or taxes by misclassifying their employees as independent contractors. However, California has strict rules for determining whether an employee is properly classified as an independent contractor, and employers who misclassify their employees may be liable for violations of employment laws. (Labor Code section 2750.3)
  4. Discrimination and harassment: California prohibits employers from discriminating against employees based on their race, religion, gender, sexual orientation, age, and other protected characteristics. Employers are also required to provide a workplace free from harassment. (Fair Employment and Housing Act, Government Code section 12940)
  5. Retaliation: California prohibits employers from retaliating against employees who report violations of employment laws or who participate in an investigation of such violations. (Labor Code section 1102.5)

It is important for employees to be aware of their rights under California employment laws, and to seek legal assistance if they believe their rights have been violated. An experienced employment law attorney can help employees to understand their rights and options, and to take action to protect their interests.