California Labor Laws: Asserting Your Employee Rights

ÂLabor Board also has a serious limitation in that if
Many employees when experiencing a laboreither party prevails, the other party has the
violation are confused as to where to turn andoption to appeal and have the case start all over.
typically take one of four paths.Once this occurs, and employee will need to find a
1. A very common path and usually the mostCalifornia labor law attorney to represent them
treacherous, is doing nothing at all. When anand also faces the risk that if they lose this
employee is hesitant to hire California overtimeappeal the loser must pay the winning parties
lawyers or California labor law attorneys to handleattorney fees and court costs. On the other hand,
a situation, it usually gets worse before it getsif an employee hires California overtime lawyers
better. Complacency will typically cause laborto handle the claim from the outset and prevails
violations to become more frequent. Californiaon any part of the claim, the Employer must pay
labor law attorneys have found that "where therethe Employee's attorney fees. This is a huge
is smoke there is fire" and when one violation isadvantage. As you can see the California Labor
discovered, many others are found.Board has severe limitations and is designed for
2. The next course of action frequently taken bysmaller disputes where the employee does not
employees experiencing a California labor lawmind some uncertainty of outcome. While the
violation is attempting to handle the problemCalifornia Labor Board is free of charge-
"through the Employer's channels or procedures".sometimes you get what you pay for!
This course of action has risks of its own and one4. California overtime lawyers and California labor
of the biggest dangers in filing a formal Employerlaw attorneys may be the best option when it
complaint "though the proper channels" is the riskcomes to the enforcement of California labor
of retaliation. Employees do not realize that bylaws. When an employee hires an attorney who is
filing an official complaint they place theirexperienced in California overtime laws, the
employers on guard and exposed to liability if theoutcome may be better than testing the waters
employer retaliates. Once a complaint is filed for aat the California Labor Board and surely much
labor violation, if the employer then retaliates andbetter than doing nothing at all. Case law and
demotes, harasses, suspends or fires thestatutes are constantly evolving and
employee, that employer exposes themselves toknowledgeable California overtime lawyers or
additional liability.California labor law attorneys can in many
3. Another option an employee may exercise isinstances pinpoint the applicable laws and cases
going to the labor board. The California Laborthat could bring an employee to victory. Even
Board does however have limitations, in that theybetter, if your attorney wins, your employer
will not purse the 4th years (Unfair Businessmust pay his or her legal fees!
Practice Claim) as a private attorney would andIn closing, an employee has several choices. Hiring
therefore they may shorten the amount of theira qualified professional to protect your interests is
claim. Furthermore, the California Labor Boardimperative if you want good results. Interview
handles very small claims and may not alwaysseveral California labor law attorneys and find out
pursue the employee's claims as vigorously aswho you feel most comfortable with.
California overtime lawyers might. The California