| Although California has the world's eighth largest | | | | to wages if they are forced to work through or |
| economy, experts anticipate difficult times ahead | | | | miss a meal or rest period. |
| as the state struggles to recover from the | | | | They're also unaware that under California |
| recession. The UCLA Anderson Forecast Group | | | | employment law, companies cannot deduct, |
| has said they expected to see unemployment at | | | | subtract or withhold from an employee's wages |
| 10% or higher through late 2011. The figures | | | | the cost of doing business. This means, for |
| show that in today's challenging economic climate | | | | example, that if your company forces you to |
| where a steady paying job is as important as | | | | wear a uniform; they cannot force you to |
| ever, a good understanding of employment law is | | | | shoulder the expense of paying for and |
| a must. | | | | maintaining the uniform. |
| According to the Bureau of Labor Statistics, | | | | In addition, many employees do not know how to |
| California worker's compensation system covers | | | | properly calculate wages due to them for |
| 15,256,000 employees working for over 800,000 | | | | overtime. |
| employers in the state. These employees and | | | | Aside from unpaid wages, employees also face |
| employers generated a GDP of $1.8 trillion in 2007. | | | | the prospect of suffering workplace injuries. |
| In addition, 644,700 occupational injuries and | | | | Statistics from California's Department of |
| illnesses were reported in 2007. Statistics also | | | | Industrial Relations showed that in 2005, at least |
| showed that in 2007, there were at least 229,871 | | | | 456 employees were killed in occupational |
| compensation related hearings. | | | | accidents. Out of the number, 384 were wage |
| Some Companies Disregard Employment Laws | | | | and salary workers and the majority were men |
| A steady paycheck offers more than just a way | | | | between the ages of 35 and 44. Some common |
| to provide for your family's needs. It provides a | | | | workplace injuries include slip and falls, back |
| sense of security that is hard to come by these | | | | injuries, carpal tunnel syndrome and mental stress. |
| days. Unfortunately, some employers intentionally | | | | The Labyrinth Of Employment Law and Filing |
| or unintentionally neglect or refuse to pay their | | | | Claims |
| employees what they are rightfully owed under | | | | Unfortunately, fighting for one's rights can be |
| their contracts or under California law. | | | | fraught with many obstacles. When the |
| In September 2009, the California Labor | | | | Government Accountability Office (GAO) recently |
| Commissioner filed a $17.5 million lawsuit against | | | | discovered many troubling trends on how labor |
| the Federal Loan Modification Law Center for | | | | complaints were handled. |
| failing to pay their workers for all the hours | | | | They discovered that the department tasked to |
| worked. | | | | enforce laws on minimum wage and overtime |
| In December 2008, the commission also filed a | | | | responded slowly to complaints and had a poor |
| $250,000 lawsuit against an online health care | | | | complaint intake process. In addition, they also |
| company for unpaid wages. The commission hit | | | | found that many claims were insufficiently |
| the nail squarely when it argued that companies | | | | investigated. The same problems unfortunately |
| that fail to pay their employees when wages are | | | | plague California's Division of Labor Standards |
| due create hardships for employees who depend | | | | Enforcement (DLSE). In short, these public entities |
| on their wages for the necessities of their family. | | | | do not have the resources or manpower to |
| Know Your Employee Rights to Protect Yourself | | | | handle all of these labor complaints. |
| and Your Family | | | | In addition to these obstacles, the process is |
| Sadly, many employers will go to great lengths to | | | | made even more complicated by the fact that |
| avoid paying their employees properly so they | | | | even the DLSE has no set criteria on how to |
| can maximize their profits, even if it means that | | | | define an independent contractor. This means that |
| families must struggle to survive. They count on | | | | one must often look to the interpretations of |
| their employees' ignorance of employment law or | | | | courts and enforcement agencies to decide if in a |
| their fear of confronting their superiors. Hence, it | | | | particular claim, one is an employee or an |
| is important to be apprised of one's rights for the | | | | independent contractor. Because of their lack of |
| sake of one's self and, more importantly, one's | | | | resources and inability to adequately investigate |
| family. | | | | each claim that comes to the, the DLSE has even |
| For example, many employees are unaware that | | | | urged employees to enlist the help of an |
| under California employment law, they are entitled | | | | employment lawyer. |