Employment Laws: California's Rules For Government Workers

California employment laws offer a wide range of rights and benefits to employees, including those related to wages, meal and rest breaks, discrimination and harassment, time off from work, privacy, and workplace safety. These laws apply to all employees in the state, including those working for the government at the federal, state, county, or city level. However, it is important to note that government employees face unique obstacles and have additional protections and remedies available to them. For example, government employees typically have union representation or strong workplace policies that they can rely on in the event of a dispute. On the other hand, they may need to navigate administrative processes and comply with the Government Tort Claims Act before taking legal action against their employer. Understanding these nuances is crucial for government employees to effectively assert their rights and protect themselves in the workplace.

California government employees have the right to overtime pay

There are some exemptions from the overtime law, including outside salespersons, unionized employees under a collective bargaining agreement, and independent contractors. Additionally, employees with an "alternative workweek schedule", such as those working four 10-hour days or three 12-hour days, are not entitled to overtime pay unless they work more than the number of hours authorized by this schedule, or more than 40 hours in a single workweek.

It's important to note that employees cannot waive their right to overtime pay, and employers can discipline or even terminate employees for working overtime if they have a policy against it. However, California law requires that employers pay overtime, whether authorized or not.

If a California government employee feels their workplace rights have been violated, they may need to follow certain procedures, such as the Government Tort Claims Act, before taking legal action against the government. It's also important to act quickly, as there may be time limits on taking legal action.

They are protected from workplace discrimination

In California, workplace discrimination is illegal under both federal and state laws. The Fair Employment and Housing Act (FEHA) protects employees from discrimination based on various characteristics, including race, religion, gender, disability, sexual orientation, veteran status, and age (for employees over 40).

FEHA's protections apply to employers with five or more employees, and it is enforced by the Department of Fair Employment and Housing (DFEH). The Civil Rights Department (CRD) is also responsible for enforcing state laws that prohibit discrimination against job applicants or employees based on protected characteristics.

California law provides a range of remedies for victims of employment discrimination, including back pay, front pay, reinstatement, out-of-pocket expenses, reasonable accommodations, damages for emotional distress, and attorney's fees.

Government employees in California, including those working for the state, county, or city government, also have protections against workplace discrimination. While there may be additional obstacles and administrative processes to navigate, government employees have stronger workplace policies and rules to follow in the event of a dispute.

It is important to note that California's anti-discrimination laws apply to several categories of employers, including state and local governmental entities. As such, government employees in California can seek legal recourse if they experience workplace discrimination.

They are protected from sexual harassment

California employment laws protect workers from sexual harassment, and these laws apply to government employees as well. Sexual harassment in the workplace is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964 and California's Fair Employment and Housing Act (FEHA). This includes unwelcome sexual advances, requests for sexual favors, and other verbal, visual, or physical conduct of a sexual nature. It also includes actions that create an intimidating, hostile, or offensive work environment based on an employee's sex, gender identity, or sexual orientation.

Government employees in California are protected from sexual harassment by both federal and state laws. The state's FEHA prohibits workplace sexual harassment and considers it a form of employee discrimination. This law applies to private, local, and state employers of any size, including government agencies.

Additionally, under California law, employers are required to have a written policy covering sexual harassment, discrimination, and retaliation prevention. They must also provide sexual harassment prevention training to their employees.

If a government employee in California experiences sexual harassment, they can take several steps to address the issue. They should first refer to their employer's sexual harassment policy and follow the outlined procedures for reporting the incident. They can also file a complaint with the California Department of Fair Employment and Housing (DFEH) or the Equal Employment Opportunity Commission (EEOC). It is important to report incidents of sexual harassment and to keep records of all correspondence and incidents.

Government employees in California have legal protections and options for recourse if they experience sexual harassment in the workplace. They can take advantage of these resources to address the issue and seek justice.

They are entitled to family and medical leave

California employees are protected by a number of state leave laws, in addition to the federal Family and Medical Leave Act (FMLA). The FMLA entitles eligible employees to take up to 12 weeks of unpaid, job-protected leave per 12-month period, with the right to reinstatement, for certain reasons.

California's Family Rights Act (CFRA) is the state's version of the FMLA. The CFRA applies to smaller employers and covers more family members than the FMLA. Under the CFRA, employers with five or more workers must provide eligible employees with up to 12 weeks of unpaid, job-protected leave over a 12-month period for certain qualifying reasons. These reasons include:

• An employee's own serious health condition (other than pregnancy- or childbirth-related disability).
• An employee's need to care for a child, parent, spouse (including a registered domestic partner), grandparent, grandchild, or sibling with a serious health condition.
• An employee's wish to bond with a new child within 12 months of birth, adoption, or foster care placement.
• "Qualifying exigency" military leave, for reasons including short-notice deployment, military events and related activities, and spending time with a covered military member on short-term leave.

Employees are eligible for CFRA leave if they have more than 12 months of service and at least 1,250 hours of service over the previous 12 months.

California employers must comply with the FMLA if they have at least 50 employees for at least 20 weeks in the current or previous year. Employees are eligible for FMLA leave if:

• They have worked for the company for at least a year.
• They worked at least 1,250 hours during the previous year.
• They work at a location with at least 50 employees within a 75-mile radius.

Reasons for FMLA leave include:

• Bonding with a new child.
• Recuperating from a serious health condition.
• Caring for a spouse, child, or parent with a serious health condition.
• Handling qualifying exigencies arising out of a family member's military service.
• Caring for a family member who suffered a serious injury during active duty in the military.

Employees in California may take up to 12 weeks of leave in a 12-month period for a serious health condition, bonding with a new child, or qualifying exigencies. This leave renews every 12 months, as long as the employee continues to meet the eligibility requirements.

Employees who need military caregiver leave may take up to 26 weeks of leave in a single 12-month period. However, this leave is a per-injury, per-service member entitlement. Unless the same family member is injured again, or another family member suffers an injury while on active duty, an employee may not take additional leave for this purpose.

Leave and reinstatement rights are also important. Employees are entitled to continue their health insurance while on leave, at the same cost they must pay while working. Although FMLA leave is unpaid, employees may be allowed (or required) to use their accrued paid leave during FMLA leave. When an employee's FMLA leave ends, they are entitled to be reinstated to the same or an equivalent position, with a few exceptions.

They are protected from wrongful termination

Government employees in California are protected from wrongful termination. Wrongful termination occurs when an employee is fired or laid off for an improper or illegal reason.

In California, wrongful termination claims are most commonly grounded in discrimination, whistleblower activities, violations of implied contracts, public policy violations, and the filing of workers' compensation claims.

Employees who believe they have been wrongfully terminated may have legal grounds to pursue a lawsuit against their former employer. To pursue a wrongful dismissal claim, employees must demonstrate that their employer terminated them in violation of California labor laws or public policy.

• Breach of Contract: Employees with employment contracts that outline specific conditions for termination may sue for breach of contract if their employer does not adhere to those conditions.
• Breach of Covenant of Good Faith and Fair Dealing: All legal contracts include an implied covenant of good faith and fair dealing, which means that employers cannot intentionally mislead or take actions that give them an unfair advantage over the employee. Lies, evasions, deliberate inaction, lack of communication, and other forms of interference or obstruction may constitute a breach.
• Retaliation for Complaints of Sexual Harassment: Workplace sexual harassment is illegal in California. Employers have a duty to maintain a work environment free of sexual harassment, and it is illegal for them to fire an employee for reporting or complaining about sexual harassment, regardless of whether it is directed at the employee or someone else.
• Retaliation for Taking Family or Medical Leave: Employers cannot fire employees for taking or inquiring about family medical leave. California law protects employees who use accrued sick leave for their own health conditions or the health conditions of their family members. If an employee is terminated within 30 days of requesting sick leave, California law presumes wrongful termination, and the employer must prove otherwise.
• Whistleblower Retaliation: It is illegal for employers to fire employees for reporting violations of local, state, or federal laws, rules, or regulations. For example, if an employee reports a health or safety hazard at work and is subsequently fired, that would be considered wrongful termination.
• Retaliation for Complaining About Wage Law Violations: Employees are protected from retaliation for filing complaints about wage and hour regulations under California's Labor Code. This includes complaints about unpaid wages, overtime pay, and meal and rest break violations.
• Pregnancy Discrimination: Termination based on an employee's pregnancy status is unlawful in California. Employers cannot fire an employee due to their decision to become pregnant or due to complications or requests related to pregnancy-related medical issues. Denying workplace accommodations for pregnancy-related needs and then terminating the employee for those needs would also constitute unlawful pregnancy discrimination.
• Discrimination Against a Protected Class: California's civil rights law prohibits companies with five or more employees from discriminating against workers in hiring based on certain characteristics. These protected classes include genetic information, AIDS/HIV-positive status, political activities or affiliations, military or veteran status, and victims of domestic violence, assault, or stalking.
• Violation of Public Policy: Employers can be sued for wrongful termination if they fire employees for exercising their legal rights or fulfilling their legal duties when those rights or duties are linked to a significant public policy concern within the state. For example, it is illegal to fire someone for taking time off for jury duty or refusing to break the law on behalf of the employer.

These are just some examples of circumstances that could lead to a wrongful termination claim in California. It is important to note that the situations that constitute unlawful termination may vary, and each case is unique. If you believe you have been wrongfully terminated, it is advisable to consult with an employment lawyer to discuss your specific situation and explore your legal options.

Frequently asked questions