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Employers on Violation of Labor Law

By Edited Feb 1, 2016 0 1

Employees are protected against unfair employment practices through the labor law. This is also created to ensure that wrongful conducts and any abuse should not be done in the workplace. However, despite its existence, violations of labor law still persist in some companies and there are some employers who continuously practice wrongful acts against employees.
Such violations of labor law include not giving minimum wage and rightful benefits, discrimination and retaliation, sexual harassment and illegal or wrongful termination of employees.

Minimum Wage
The minimum wage is the hourly, daily or monthly wage that is legally paid by employers to their workers.
In California, a minimum wage of $8.00 must be paid to employees, as required by state law. According to the Minimum Wage Order (MW-2007), some employees who are excluded from the minimum wage law, are outside salespersons, people who are the parent, spouse, or child of the employer and apprentices regularly indentured under the State Division of Apprenticeship Standards.
There is also exception for learners, regardless of age, who can be paid by not less than 85 percent of the minimum wage. Employees who are mentally or physically disabled or both, and nonprofit organizations such as sheltered workshops or rehabilitation facilities are also not covered by the minimum wage law.
The said individuals are therefore issued with special license by the Division of Labor Standards Enforcement who authorizes employment at a wage less than the legal minimum wage.

This is an act where the employee is discriminated or deprived in the promotion, termination, providing of benefits, compensation, tasking and assignments because of his gender, race, religion, age, nationality or disability.

An employee was terminated because he refused to engage in illicit acts that are happening in the workplace. Also, there are employers who discharge a worker who reported an illegal act or participated in the investigation of a government agency.

Sexual Harassment
Sexual harassment is also prevalent in the workplace. This can be in the form of sexual favors, unwanted touching, or unwanted sexual advances, and physical behavior of a sexual nature.
Sexual harassment can also be in the form of verbal statements. Factors include its nature, context, frequency and target of the disparaging and offensive remarks.
Harassment may happen with no economic injury or discharge to the victim. Victims may be a man or woman.

Illegal or Wrongful Termination
In the California Labor Code, it states that unless an employee is hired for a specific term, he is considered an "at-will employee," and that he can be fired for any reason or no reason at all. However, he cannot be fired in a way that violates his right or is contrary to public policy.
This means that the employer may discharge an employee anytime. But, there are certain limitations. An employer may be held liable if he did unlawful acts, violated a fundamental policy or if he intentionally caused some sort of personal injury to the employee.
Violations may be in the form of discrimination, retaliation, infringement of equal dealing and good faith, defamation of character, breach of contract, and constructive discharge.
It is deemed illegal or wrongful termination when an employer fired, discharged, or forced an employee to quit without a valid reason or grounds for termination.
Violation of labor law is illegal and anybody who failed to adhere with its stipulations may be held liable.



Apr 22, 2010 1:42pm
Many employees are so worried about losing their job, that they don't report violations. So employers get away with it.
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