Employee Rights 101: Know Your Legal Protections

Most people don’t go into work thinking about employment laws, and many have no idea what’s normal, what’s unfair, and what’s outright illegal. It’s not always obvious. Employers may present questionable practices as “just how things are,” and workers often tolerate mistreatment simply because they don’t know they have the right to speak up. 

At the Gould Firm, we believe every employee deserves to understand their rights. You don’t need to be a legal expert to know when something at work feels wrong. But you do need to know what the law says, so you can recognize when those instincts point to something unlawful, and when you may be able to take action. 

This page serves as a starting point, providing a plain-language overview of the legal protections workers have in California and under federal law. Whether you're dealing with harassment, wage issues, or just a situation that doesn't feel right, our goal is simple: help you understand your rights so you know when to reach out and protect them. 

The Basics: What Are Employee Rights? 

Employee rights refer to the legal protections and benefits that workers are entitled to under federal and state laws. These include, but aren’t limited to: 

• The right to be paid fairly 
• The right to a safe and non-discriminatory workplace 
• The right to speak up about illegal behavior without retaliation 
• The right to take protected leave for family or medical reasons (if eligible) 

But here's what many workers don’t realize: Your rights can vary depending on your job status, location, and the type of claim you’re making. That’s why speaking with our team early can make all the difference. 

Don't Wait: Time Limits Can Be Short, Complicated, and Overlapping

One of the most important things to know about employment law is that you don’t have unlimited time to act. If your rights have been violated, the law gives you a window to file a claim, but that window can be surprisingly short, especially for certain types of cases. 

In California, statutes of limitations (legal time limits for filing a claim) can range from a few months to a few years, depending on the type of violation and the location where the claim is filed. For example: 

• Claims involving government agencies (like the EEOC or California Civil Rights Department) often have deadlines as short as six months to one year. 
• Some wrongful termination claims based on public policy may allow up to two years to file in court. 
• Specific claims require that you first file an administrative complaint before you can sue. 

In some situations, multiple deadlines may apply, each with different requirements. 

These timelines aren’t just technicalities; they’re strict legal rules. If you miss them, you may lose your right to pursue justice, even if your employer clearly broke the law. 

Because every case is different, it’s not always easy to know which deadlines apply, or even when the clock started ticking. At the Gould Firm, we take the time to fully understand the details of your situation so we can identify every potential legal claim you may have (often, it’s more than one), determine which time limits apply, and explain your options. Most importantly, we help you take the proper steps before those deadlines pass. The bottom line: if you think something illegal may have happened at work, don’t wait and don’t guess. Reach out as soon as possible to protect your right to take action. Even if you're unsure, a quick conversation could make all the difference. 

Key Federal and State Laws That Protect Workers 

Several important federal laws set the foundation for employee protections in the U.S., including: 

• Fair Labor Standards Act (FLSA): Sets minimum wage, overtime rules, and youth labor standards. 
• Title VII of the Civil Rights Act: Protects employees from discrimination based on race, color, religion, sex, or national origin. 
• Americans with Disabilities Act (ADA): Prevents discrimination against qualified individuals with disabilities. 
• Family and Medical Leave Act (FMLA): Allows eligible employees to take unpaid, job-protected leave for specific family or health reasons. 
• Equal Pay Act: Requires men and women to be given equal pay for equal work. 

However, California state laws often go further than federal laws, offering broader protections and, in some cases, longer time frames to file a claim. For example, California’s Fair Employment and Housing Act (FEHA) protects against a broader range of discrimination and harassment, and the California Family Rights Act (CFRA) offers family and medical leave protections that extend beyond federal FMLA coverage.   

You don’t need to know which specific law applies to your case or recognize the legal terms; we take care of that for you. However, understanding these protections exists may help you realize when something at work is just not right. If your gut is telling you something feels unfair or wrong, trust that instinct and reach out. We’ll help you understand whether your rights are being violated, and what you can do about it. 

Does Job Status Change Your Rights? 

Yes, your legal protections can depend on whether you're classified as a full-time employee, part-time worker, or independent contractor. 

Here’s a quick breakdown: 

• Full-time and part-time employees have access to most employment protections, including wage laws, anti-discrimination laws, leave protections, and other benefits. 
• Independent contractors (1099 workers) are not considered employees under the law and generally don’t have the same rights, especially when it comes to wrongful termination or leave. However, they are still protected from discrimination and harassment. 

Misclassification is common. Some workers are labeled as “contractors” when they actually function like employees. If this applies to you, you may be entitled to back pay, benefits, and other legal protections. 

If you're unsure about your classification, we can review the nature of your work and help determine if your employer got it wrong, and whether you’re missing out on pay or protections. 

Can Salaried Workers Still Get Overtime? 

One of the most common questions we hear is: “If I’m salaried, can I still get overtime?”. The answer is yes, being paid a salary does not automatically mean you’re exempt from overtime pay. 

Under California law, for an employee to be classified as exempt from overtime, the employer must prove two things: 

• Your job duties fall under a specific exemption category (such as executive, administrative, or professional); and 
• You’re paid at least the minimum salary threshold, which changes every year. 

If you’re working long hours, primarily performing non-exempt tasks, or don’t meet the legal salary requirements, you may be misclassified, which means you could be entitled to overtime pay, even if you receive a salary. 

If this sounds familiar, don’t assume your employer has it right. Contact the Gould Firm to review your job classification and protect the wages you’ve earned. 

Are Undocumented Workers Protected? 

Yes. In California, undocumented workers are still protected by state labor laws. 

That means: 

• You’re entitled to minimum wage, overtime pay, rest breaks, and safe working conditions. 
• You can file claims for unpaid wages or labor violations without fear of immigration-related retaliation. 
• Your immigration status does not excuse an employer from violating wage and hour laws. 

Not Sure What Applies to You? That’s What We’re Here For. 

Every job is different. Every person’s story is unique. The laws that protect workers in California are powerful, but often complex. That’s why talking with our team early on can make all the difference. 

At the Gould Firm, we’ll take the time to understand your situation, explain your rights, and help you figure out what steps (if any) you can take. 

Schedule Your Free Consultation Today 

Whether you're dealing with a sudden firing, unpaid wages, denied leave, or a hostile workplace, you don’t have to guess whether your rights were violated. Call us today at (619) 291-9858 or complete our secure contact form to schedule a free, confidential consultation. We’ll walk you through your legal options with no pressure.