Attorney Patrick Keegan Examines why California Employees Should Know their Rights in the Workplace

Numerous employees working in California are unfamiliar with the state and federal laws that protect them from mistreatment in the workplace. “In fact, there are a plethora of laws that require employers to provide their staff with fair wages and adequate working conditions,” said Keegan, co-founder and managing partner of Keegan & Baker, LLP. “But employees are experts at their jobs — not employment law. That’s where we come in.” 

Keegan stressed that California employees should be aware of the following, regardless of their industry:

• Employment classification. Independent contractors are not entitled to the same legal protections as employees, and have a much heavier tax burden. Independent contractors should take note if their working relationship appears to be a classic employee-employer relationship, yet they are not classified as an employee.
• Wage and hour protections. Employers should not be asked to work “off the clock” or be paid less than California’s minimum wage. Tipped employees should also be aware of restrictions on tip pooling. 
• Meal & rest breaks. Meal and rest breaks are necessary to prevent fatigue and allow employees time to decompress from the stress of their job — and are required by California law. If your employer does not provide these breaks, you may be entitled to compensation.
• Overtime pay. Federal and state laws require overtime pay for hourly employees who work more than eight hours per day, or more than 40 hours per week. But “exempt” employees who are not paid on an hourly basis — such as  managers, administrative personnel and sales representatives — do not qualify for overtime pay. Employers may attempt to bypass laws by mislabeling workers as exempt, although they perform the same tasks as hourly workers. 

About Patrick Keegan, Keegan & Baker, LLP

Patrick Keegan represents employees in a wide range of employment matters. He also brings class action lawsuits on behalf of employees in instances where employer misconduct negatively impacts a large number of workers. For more information, please call 760-929-9329, or visit https://www.keeganbaker.com/. Keegan & Baker, LLP is located at 2292 Faraday Avenue, Suite 100, Carlsbad CA 92008. 

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