One of the best ways workers can shield themselves from discriminatory practices at work is through the use of organized resistance to unscrupulous practices by employers. When a worker’s rights have been violated, there may be the possibility of taking legal action but many labor unions strive to prevent such violations before they occur.
As our Los Angeles employment attorneys can explain, those who choose to participate in a union have many advantages as employers are more likely to take to demands and claims more seriously when they know failure to do so can result in action being taken by the majority of their employees. This can include having more representation when negotiating collective bargaining agreements (CBAs), and also in the worst case scenario, a work slowdown or strike. In some cases, being inseparable means employees on other jobs will also strike as a show of solidarity. The hope is if they are ever in the same situation as the workers who’s rights are being violated, those union members will support them as well.
One of the common labor law violations we tend to see is known as a wage and hour dispute. In these instances, an employer will not pay an employee for all hours actually worked, or will not pay overtime when it is required by law. There is also the issue of employment misclassification. In these situations, an employee will be treated as an employee for most aspects of their job such as supervision when it is convenient for the employer, but then treated as in independent contractor so as to attempt to avoid paying overtime wages and providing health care and other benefits as required under the California labor code.
While this is illegal, it happens all the time and the best thing employees can do when they suspect their rights are being violated is to speak with an experienced Los Angeles employment attorney as soon as possible.
Contact the employment attorneys at Nassiri Law Group, practicing in Orange County, Riverside and Los Angeles. Call 949.375.4734.
Additional Resources:
Workers’ Congress in Los Angeles recommits to “inseparable” resistance, March 16, 2018, By Eric A. Gordon, People’s World
More Blog Entries:
Employee Misclassification Cases Hitting Gig Economy Where It Hurts, Dec. 31, 2017, Orange County Employment Lawyers Blog