Workers Rights: What Are My Rights in California?

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Legal Content Writer

Natalie
Natalie graduated from Bowdoin College with dual degrees in Government & Legal Studies and Sociology. She has spent half a decade working as a paralegal for civil rights law firms in California where she gained knowledge and insight into the state’s workers’ rights laws surrounding discrimination, harassment, retaliation, as well as wage and hour. She continues her passion for workers’ rights in her role as a legal content writer.

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California Civil Rights attorney

Navruz Avloni
Navruz Avloni is a Trial Attorney & Social Justice Advocate. She holds a Juris Doctor degree from the University of California, Davis School of Law and has been practicing Employment & Labor and Civil Rights law for over 15 years. Attorney Navruz has been featured in The Guardian, the San Francisco Chronicle, Yahoo! Finance, Business Insider, TechCrunch, The Mercury News, and more.

Work plays a crucial role in most of our lives. We spend significant amounts of time in the workplace and rely upon employment to provide for ourselves and our families. As such, it is important and empowering to understand the rights that employees have at work and to stay up to date on the laws that regulate employee protection.

Employment laws, established by federal and state governments, grant all workers specific rights, and manage the relationships between employers and employees. Employment laws apply to all employees, regardless of status or citizenship, and can apply to former employees and job applicants as well.

In California, employee rights are protected by both state and federal laws. Federal employment laws establish the minimum guidelines for worker rights, while California employment laws establish more rigorous protections.

The Fair Employment and Housing Act (FEHA) is the primary law that protects California employees from discrimination, harassment, and retaliation in the workplace. California wage and hour laws and misclassification laws protect employees from being exploited for their labor and seek to ensure that employees are being compensated fairly for their work.

Recent Changes in California Employment Laws

The landscape of employment law is complex and often evolving. In California there are a number of recently passed employment laws and employment related bills that are currently pending. It is important to be aware of these new laws as they may impact your rights at work.

(Passed) Assembly Bill 2188 – Protection for Off-Duty Cannabis Use

On September 18th, 2022, Assembly Bill (AB) 2188 was signed into California law. The law protects employee’s off-duty and off-worksite cannabis use and will take effect on January 1st, 2024. AB 2188 amends the California FEHA, as it prohibits employers from discriminating against employees or prospective employees for their use of marijuana away from the worksite, and outside of work hours. While marijuana has been legal in California since 2016, AB 2188 is the first of its kind to provide protection to employees who use marijuana for recreational or medical purposes. There are exceptions to the law; for example the law does not apply to construction workers or employers who require their employees pass a federal background check.

(Passed) Fast Food Accountability and Standards Recovery Act

Governor Newsom Signed the Fast Food Accountability and Standards Recovery Act (FAST) into law on September 5th, 2022. The law targets non-unionized fast-food establishments, which FAST defined as non-unionized businesses that prepare items ahead of time and serve food to customers who have already ordered and paid. The state will appoint a 10-member council to set minimum standards for employee wages and working conditions. FAST is intended to improve pay and working conditions for fast food employees who are not supported by a union.

(Pending) California Assembly Bill (AB) 152 – COVID-19 Supplemental Sick Leave

Passed by the California Assembly on August 31st, 2022, SB 1162 will become law if it is signed by Governor Newsom. The bill would extend California’s COVID-19 Supplemental Paid Sick Leave (SPSL) policy until December 31, 2022. As of now, the California SPSL will expire on September 30th, 2022. SPSL, part of California Labor Code 248.6, gives full time employees up to 40 hours of paid leave if they are subject to quarantine, caring for a family member with COVID-19, experiencing COVID-19 symptoms, or have received or are caring for a family member who has received the COVID-19 vaccine. The SPSL applies to employers with 26 or more employees. The law also provides relief to small business and non-profits in the form of grants up to $50,000 for costs incurred with complying with SPLS.

(Pending) California Senate Bill (SB) 1162 – Pay Transparency

The California Senate approved SB 1162 and Governor Newsom now has until September 30, 2022, to sign or veto the bill. The bill, if passed, will require employers with 100 employees of more to record and report mean and median hourly pay rates, as well as the race, ethnicity, and sex for their employees within each job category. These same employers will be required to submit pay data for all workers employed through independent contractors. The bill will also require employers with 15 or more employees to provide pay scale data to current employees and to disclose pay scale statistics in job postings. The bill would impose penalties on employers who fail to meet these requirements and would allow employees to bring actions against employer who do not comply with SB 1162. The bill, if passed, will be an impactful step forwards in the fight for pay equity.

It is important to be aware of your rights in the workplace, but it can be difficult to understand and stay up to date with changing legislation. If you have questions about your rights at work, contact an employment attorney. We represent clients across California, with offices in Los AngelesSan Jose, and San Francisco.

Testimonials

Lael Abaya

Do not let Navruz's gentle demeanor fool you - she is an absolute bulldog litigator who will stop at nothing to make sure her client's interests are zealously represented. I routinely turn to Navruz for any discrimination-related issues in my work comp cases, and her command of this area of law is top notch. I have no reservations recommending Navruz as an attorney.

Ryan Shannon

My experience with Avloni Law was the best I could have asked for. Rather than speaking with a case manager, I spoke directly with attorney, Navruz, who was incredibly efficient, diligent and informative, all while maintaining empathy and kindness. After our intake phone conversation, she did not delay in sending me a checklist of documentation to assemble, and was available to answer my questions. She speedily informed me she couldn't take on the case since it involves Tribal Law, however, she didn't leave me hanging. Instead, she sent me a list of attorneys who could assist. To reiterate, while my interactions with Navruz were brief, it's obvious she's thorough and knowledgeable. I was incredibly impressed with her qualifications (including her studies in rhetoric, which I'd imagine would help persuade and build a case) and several honors and awards. I spoke to many law firms and Avloni stood out most due to Navruz's expertise and client follow-up. Don't hesitate in contacting Avloni Law.

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Navruz was a godsend when my tech startup employer discriminated & retaliated against me. She explained the process so smoothly and was very responsive. I don't have a ton of experience working with attorneys, but she's the absolute best I've ever worked with and can't imagine meeting anyone better. Each time I would present a new situation or ask a question she was prompt to reply and offer a phone conversation to ensure I understood and could make the best decisions for my case. Although the experience with my employer was brutal, I'd love nothing more than to be able to work with her again. True blessing of a human-being. HIGHLY RECOMMEND.

Tiffany M

Working with Nav has been inspiring to say the least. As a fellow member of the San Anselmo Racial Equity Committee, she brings her knowledge as a highly skilled civil rights attorney, along with her strong commitment to addressing equity issues in our town. She is hard working, patient, understanding and always willing to listen, grow and learn. Her contributions to this committee and community have been invaluable.

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Navruz is an intelligent, dedicated, and talented attorney.

Maria Gushchina

I need an advise regarding my unemployment case. Avloni Law helped me with understanding the basics and professionally corrected the wording in my appeal statement. Everything went smooth! Highly recommend!

Alexei Kuchinsky

I have had a pleasure of knowing Navruz for quite a while. I definitely recommend her as a hardworking and highly skilled attorney in the area of employment law, especially wrongful termination and harassment. She is passionate about her cases and she cares about her clients.

Ryan Cadry

I have had the pleasure of knowing Navruz for over seven years. She is extremely diligent, smart, and knowledgeable in labor and employment law. Any client represented by Navruz is, without question, very well-represented! I endorse her without qualification!

Maria Crabtree

Navruz is a strong and knowledgeable attorney whose passion for her work is evidenced by effective results.

Valerie

Navruz Avloni has been my employment law attorney years. Her attention to detail, research and resources, and sincerity in her work are unparalleled. She has given me exceptional employment law advice on multiple occasions. I would not hesitate to recommend her to anyone looking for an excellent employment law attorney.

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Avloni Law is a boutique plaintiffs’ litigation law firm taking on the world’s largest corporations and entities and fighting for the rights of victims through employment litigation and more. We have a network of offices, including San Francisco, Los Angeles and San Jose, and our reach throughout California and the Bay Area is not limited to the cities where we maintain offices. If you are seeking a sex harassment, race discrimination, disability discrimination or a whistleblower attorney, reach out to us for a phone consultation.

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