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Home » Blog » What Are My Rights as An Employee in Burbank?

What Are My Rights as An Employee in Burbank?

Posted on December 16, 2024 | By Omid Nosrati | Employment Law

As a Burbank employee, you have a number of rights under California and federal law that guarantee equal treatment, fair pay, and working conditions. You may be wondering, “What are my rights as an employee in Burbank?”

Protection Against Workplace Discrimination

California’s FEHA bans discrimination against people on the basis of race, gender, religion, disability, age, and other protected characteristics. It’s important that employers ensure that every worker is treated equally when it comes to hiring, promotion, pay, and conditions of employment.

If you are discriminated against, write down events and report them to the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC).

Right to Fair Wages and Overtime Pay

Burbank workers deserve at least the California minimum wage, which is higher than the federal minimum wage. Non-exempt employees are also required to pay overtime when they work longer than eight hours in a day or 40 hours in a week. Companies are required to submit timely and accurate wage statements. You can complain about your wages to the California Labor Commissioner if your employer does not comply with these requirements.

Protections for Workplace Safety

By the terms of OSHA regulations, Burbank workers deserve a healthy work environment. Employers must eliminate safety hazards, teach safety, and observe all safety standards. Report your unsafe working conditions to OSHA. Punishment for reporting hazards is not allowed, and workers can refuse dangerous tasks without firing.

Right to Take Family and Medical Leave

For eligible Burbank workers, leave opportunities are protected by the Family and Medical Leave Act (FMLA) or California Family Rights Act (CFRA). This includes time off for birth, adoption, or to care for a very sick family member. They require employers to return employees to their previous or comparable work. If your employer refuses to allow you this, you can complain to the CRD or take legal action.

Freedom From Retaliation

Workers in California are protected from retaliation if they report discrimination, wage theft, or safety violations at work. Actions like demotion, dismissal, or harassment are against the law. Write down incidents when you have been targeted and seek legal counsel to hold your employer accountable.

Steps to Take If Your Rights Are Violated

If you feel your rights as an employee in Burbank have been violated, it’s essential to know what to do to defend yourself and seek justice. Timely and deliberate action can strengthen your argument and put your employer to task. The below steps outline what you should follow to resolve workplace abuse and uphold your rights.

  • Document Everything: Begin by keeping detailed records of events, dates, times, places, and who was involved. Copy and save emails, texts, and anything else you might have to back up your claim. Documentation gives you an edge in court.
  • Report the Issue Internally: Report the violation to your manager or HR, if you can. Seek resolution through the company’s own procedures. Keep a record of your report and response.
  • File a Complaint With the Appropriate Agency: If in-house reporting doesn’t work, submit a formal complaint to the agency. For discrimination or retaliation, contact the CRD or EEOC. You can report safety violations to OSHA and wage cases to the California Labor Commissioner.
  • Seek Legal Advice: Consulting an employment lawyer can clarify your rights and guide you through legal processes. Lawyers can assist in filing claims, negotiating settlements, or representing you in court.

Understanding California’s At-Will Employment

California is an at-will employment state, which means that companies can fire people for any legal reason. However, firing people for discriminatory or retaliatory reasons is against the law. If you feel your firing violated your rights, collect proof and contact an attorney to explore your legal options.

FAQs

What Should I Do If I Suspect Discrimination at Work?

If you think you’re being discriminated against, write down each incident and the dates, times, people, and things that happened. Give it to your Human Resources department or a supervisor and let them fix it at their level. If no resolution is reached, you can file a complaint with the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC).

An employment lawyer can further explain what your rights are and what to do.

Can My Employer Retaliate Against Me for Filing a Complaint?

No, retaliation for filing a workplace complaint is illegal under California and federal law. Retaliation can include termination, demotion, harassment, or other adverse actions. If you experience retaliation after reporting discrimination, wage violations, or safety concerns, document the actions immediately.

Seek legal guidance to protect your rights and hold your employer accountable. Retaliation claims can result in compensation for damages and reinforce workplace protections for others.

How Do I Report Unsafe Working Conditions in Burbank?

You can report unsafe working conditions to OSHA, the workplace safety agency. You should make a complaint about the hazards, how they compromise safety, and the incidents associated with them. You can post complaints anonymously. Employers cannot wage war on employees who raise safety issues. OSHA investigates complaints to ensure that standards are met. The help of an attorney can come in handy if circumstances remain or revenge ensues.

What Is Considered Wrongful Termination in Burbank?

Wrongful termination occurs when a worker is terminated for illegal reasons such as discrimination, retaliation, or whistleblowing. The termination of a person, for instance, because of their race or because they report unsafe conditions is unlawful under the state of California.

You should collect any supporting documents, including emails or reviews if you think you were unfairly fired. Working with an employment attorney can help you discover if your firing was unlawful or not.

Contact a Burbank Workplace Discrimination Lawyer

As a Burbank worker, you have legal rights to a safe, equitable, and fair work environment. From protections from discrimination to guarantees of equal pay, health care, and parental leave, knowing these protections can help you overcome obstacles. If you think your rights have been violated, legal representation can provide you with the knowledge and guidance you require to act.

Nosratilaw, A Professional Law Corporation fights for the rights of Burbank workers to receive justice and reclaim their workplace. Give us a call now to discuss how we can help.

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About the Author
Omid Nosrati

Mr. Nosrati been selected as one of the Top 100 Labor and Employment lawyers in the State of California for 2016, 2017, and 2018 by The American Society of Legal Advocates (ASLA). He has a “Superb” (10 out of 10) rating on Avvo and a 4.9 out of 5.0 Peer Rating from other lawyers on Martindale Hubbell. Omid Nosrati is also a member of the respected California Employment Lawyers Association, Los Angeles County Bar Association, and Santa Monica Bar Association. He is a firm believer in education, loves to read about technology trends in the legal field and leverages his firm’s technological strengths to benefit each of his firm’s clients.