In California, there are federal and state laws that protect employees. These laws address everything from retaliation for filing complaints to unsafe or unhealthy conditions in the workplace.
If you have experienced or seen labor law violations, reporting them is essential. Employers are required to provide a safe workplace for all their employees. If they fail to do so, they can be held responsible for these losses.
Employment law is complicated, however. Attempting to take action against an employer without legal assistance is usually a mistake. An attorney can help you fight for compensation for what you have experienced. Learn more about how to report unfair working conditions in California.
What Qualifies as Unfair or Unsafe Working Conditions in California?
Before you can report unfair working conditions, what you experienced must match the legal definitions of these actions.
Unsafe Working Conditions
In California, the Occupational Safety and Health Administration (OSHA), which is a federal agency, along with the state Division of Occupational Safety and Health (DOSH), better known as Cal/OSHA, protects and improves the health and safety of working men and women in California. Cal/OSHA is the agency that dictates what is considered to be an unsafe working condition.
Unsafe environments would include those in which you find yourself in contact with environmental hazards, like exposure to extreme heat indoors or outdoors without the mandated breaks, or exposure to chemicals without appropriate safety equipment.
Unsafe conditions would also include work environments in which there is dangerous machinery. This can mean the machines don’t have the standard safety features, or are not working correctly, or that workers have not received the right training.
Exposure to any type of potentially hazardous materials without the right safety gear is also a safety issue that can lead to reporting workplace violations.
Unfair Working Conditions
Unfair working conditions refer to violations of state and federal civil rights laws. A hostile work environment is one of these unfair conditions.
Severe or pervasive harassment or bullying based on race, age, sexual identity, or a variety of other factors is a violation of the California Fair Employment and Housing Act (FEHA). If you experience harassment at work, reporting should go through the California Civil Rights Department.
Discrimination is another form of being treated unfairly. Discrimination complaints often revolve around being fired, demoted, not paid a fair wage, or not being considered for a position you are qualified for, just because of a protected characteristic like race, sex, illness, or age.
Unfair treatment at work reports also include wage theft. This occurs if the employer fails to pay you minimum wage, denies you the required overtime, refuses you meal or rest breaks, or misclassifies you as an independent contractor when you’re an employee just so that they don’t have to pay you benefits.
Additionally, unequal pay fits into this category. If an employer pays employees of different sexes, racial backgrounds, or other characteristics less than other employees performing the same job, you can file a complaint.
Gather Evidence Before Filing a Workplace Complaint
When looking for how to report unfair working conditions in California, the first step is to gather a significant amount of evidence to corroborate your claim. Create a clear timeline that establishes the who, what, when, and how of the incidents that you experienced.
Keep records of conversations, including emails, texts, or memos, and make sure to write down everything you remember from in-person talks that were not recorded. If anything that was said brings up concerns, write these down clearly. If you use an electronic document or a physical journal to keep these records, make sure that you add a date.
To demonstrate that your conduct and work have kept up with the required standards at your employment, save performance metrics. These can include performance reviews, bonuses you received, sales records, and anything else that points to quality work.
If your employer attempts to state that they have taken action against you because of poor work, you can prove them otherwise.
Having witnesses can be important when you claim workplace safety violations or unfair treatment have occurred. If there were people present during an incident, write down their names and ask them for their statements.
You should also get copies of the company’s official policies regarding discrimination complaints, health hazards, and all relevant employee rights, as well as unsafe workplace regulations.
Follow the Workplace Complaints Procedure Internally First (When Appropriate)
When making an unfair or unsafe working conditions report, you must first follow internal protocols. All companies should have an official complaint process in place.
Typically, you need to tell your supervisor first, although you can also let a safety officer or HR know. The simplest safety and health complaints can be resolved at this stage of the process.
How to Report Unfair Working Conditions to Government Agencies
If you report unsafe conditions and your employer doesn’t address these risks, you can begin a formal complaint with OSHA.
You can do this via their online complaint form, which allows you to detail the workplace hazards you face and provide evidence for the agency to consider.
You can call OSHA via their toll-free number, 1‑800‑321‑OSHA (6742), or email, mail, or fax the safety complaint. If you prefer, you may also be able to visit your local OSHA office and speak to someone in person.
It’s important to understand that you don’t need to know exactly what health standards are being violated. All you have to do is present the evidence of what occurred.
If you have experienced discrimination, harassment, or other unfair working conditions, it’s a good idea to file a complaint with the California Civil Rights Department (CRD). You can do this via their online form or by phone.
Other options you may have for reporting unfair working conditions are contacting:
- Equal Employment Opportunity Commission (EEOC)
- California Division of Labor Standards Enforcement (DLSE)
- United States Department of Labor (DOL)
If you’re facing problems because you filed a complaint, you can also report retaliation. It’s possible to do this via the Labor Commissioner’s Office.
What Happens After You File a Complaint?
Once you file a complaint, you can expect an investigation to occur. This investigation will rely on state or federal law to determine whether you’ve experienced unsafe or unfair working conditions.
The regulating agencies will establish whether there were violations of your rights. If there were, they could require that your employer make changes, such as:
- Addressing hazards
- Facing follow-up inspections to ensure they’re compliant
- Paying fines or fees for violations
There could be a settlement process to offer remedies for what you suffered. If the employer disputes your claim, you may need to participate in an administrative hearing.
If an agency like OSHA decides not to inspect, you will receive a notice stating this. In certain cases, you will receive a right-to-sue letter from the agency, which allows you to pursue a private lawsuit.
Protecting Yourself From Retaliation and Understanding Your Rights
Federal law makes it illegal for employers to retaliate against an employee who has reported unsafe or unfair working conditions or is participating in OSHA investigations.
If your employer has punished you in any way for exercising your right to file a workplace discrimination complaint or take a similar action, you may be able to begin a whistleblower complaint with OSHA.
Immediate Safety Steps if Working Conditions Are Dangerous
If you have noticed that you could be at risk of suffering physical harm at work, the first thing to do is to stop working. Your life is more important than the task you’re currently performing. Move away from the hazard and let others know of the danger you suspect they’re in.
Once you’re at a safe distance, take pictures and videos of the scene. Write down exactly what kind of hazard you’re facing, who it impacts, and where it’s located.
Ask for personal protective equipment if it’s available for that particular hazard. If the employer doesn’t provide it or doesn’t demonstrate how to use it correctly, you can add this to your complaint.
Ask for the safety prevention plan or policy in place from your employer. Many times they are required to provide you with one before you start your employment.
Protecting Your Rights at Work With Help From California Employment Lawyers
You have a right to feel safe at work. If your work environment exposes you to hazards, harassment, unfair practices, or discrimination, there are legal steps available to you. Filing a complaint will give you the chance to make changes in the workplace and help you obtain compensation for the losses you sustained.
Employment cases are complex, however. You will need to gather a substantial amount of evidence and file it with different agencies, depending on the type of complaint you’re making. There are very strict guidelines and requirements that you must meet, so it’s not a good idea to attempt these legal processes without assistance.
At ARCH Legal, our team of dedicated and experienced employment lawyers can fight for your rights. We have successfully represented clients through some of the most complicated, unsafe, and unfair workplace complaints, assisting them in recovering losses and, in some cases, recovering their positions.
If you have faced hazards or unfair practices at work, it’s time to act. Contact our team at ARCH Legal to schedule a free consultation with one of our California attorneys.
