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List of Labor Law Violation or Misconduct in California

By Edited Feb 10, 2014 0 0

A wrong word can destroy the reputation of your leadership. A wrong action can end the years you have invested for your company. A wrong decision can literally put you in jail.

In California, it takes a good awareness of existing state and federal regulations to help keep your business in good financial security.

Here is a list of some labor law violation or misconduct that every employer should cautiously avoid:

1. Sexual harassment- An employer is prohibited from making unwanted sexual advances to an employee. Sexual harassment acts include physical/verbal behavior that is offensive, or creating hostile work environment that directly affects employees. Showing sexually suggestive photos that is offensive constitutes sexual harassment.

2. Failure to comply with overtime pay and minimum wage- California employers are required to pay a minimum rate of $8 per hour to workers. Employers should also pay overtime pay to non- exempt employees. The pay should be one and a half times the worker's regular hour rate.

3. Retaliation-An employer should not fire or terminate an employee if he/she has filed a complaint or lawsuit against a superior or the company. It includes:

  1. Wage claim

  2. Sexual harassment/ discrimination complaint

  3. Illegal activity or fraud

  4. Hazardous chemical fumes or unsafe workplace

  5. Intentional misconduct

4. Discrimination- An employer is prohibited from engaging in unfair employment practices. It includes unequal treatment among employees on the basis of disability, gender, age, race, or religion.

5. Intentional misconduct- The court may order punitive damages if the employer engages in a willful and planned action to harm or cause harm to other people.

6. Strict liability- An employer may be held liable for the severe injuries or losses of employees if he/she is knowledgeable of an existing or potential hazard, yet failed to prevent/ correct it. If the hazard is obvious and there are available safety remedies, the employer will face penalties in court regardless of whether the employee is negligent.

If your worker is injured in an accident, and you have your share of fault; be prepared to give a Workers' Compensation benefit. It provides your employee immediate financial assistance for medical expenses and family support.

You are required to immediately accept and process this claim. Requirements include proof of injury arising from industrial accident (photos from accident scene, hazardous chemical sample or debris, medical records), claim form, and employment documents.

Workers' Compensation claim prevents you from being sued by a severely injured employee.

Should your worker decide to take the matter to the court; you may seek a professional Defense lawyer in Los Angeles to help you clarify your liability.


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