California Education Industry Employment Lawyer

One of the most prominent industries in California, both in terms of status and opportunity, is the education industry. California is home to some of the most prestigious colleges and universities in the country, with enrollment nearing 6 million students across all school districts in the state according to the California Department of Education. Such data underlies the importance of employment in this industry, which while rewarding, certainly has its share of challenges. From cuts to funding and resources to overall safety, employees in this industry need to constantly adapt to changing conditions, standards and requirements. Even though a school or university presents unique challenges, ultimately it’s treated the same as any other workplace in California in terms of the rights and protections for its workers.

California Education Industry Workers Can Trust Maison Law

At Maison Law, we understand the challenges and rewards that employees in California’s education industry see every day. As an employee,  it can be incredibly frustrating when your workplace rights are violated, especially in an educational environment. Still, our team of experienced California employment lawyers will be there to help you by explaining your rights and helping you navigate the complexities of employment law. Don’t wait to get the help you need, contact us today to set up a free, no-obligation consultation.

The Education Industry in California

The education industry in California is one of the largest and most diverse in the United States, serving millions of students from preschool to higher education. The industry encompasses a wide range of roles and professions, including:

• Teachers
• Professors
• Administrators
• Cafeteria workers
• Custodians
• Librarians
• Researchers
• IT professionals
• Counselors.

While California’s education industry provides thousands of jobs and has the huge responsibility of shaping the minds of the state’s youth, there are significant barriers and challenges within the industry itself that employees have to deal with. These include:

• Funding – California has faced ongoing funding issues in education, with many schools and districts struggling to secure sufficient resources to provide quality education. This can lead to overcrowded classrooms, outdated materials, and a lack of support staff.
• Staffing shortages – California, like many states, has experienced a shortage of qualified teachers, particularly in certain subjects and geographic areas. This can result in larger class sizes, less individualized attention for students, and a heavier workload for existing teachers.
• Changing standards and requirements – California has high academic standards and rigorous requirements for educators, which can be challenging to meet and require ongoing training and professional development.
• Technology access and integration – Technology is increasingly important in education, but ensuring equitable access to technology can be a challenge, particularly in rural or low-income areas. Additionally, integrating technology into instruction effectively requires specialized training and support.
• Diversity and inclusion – California’s diverse student population requires educators to be prepared to address the unique needs of their students and promote equity and inclusion. This can require specialized training and a commitment to ongoing learning and professional development.
• Standardized testing – Standardized testing is a controversial issue in education, with some educators and parents arguing that it places too much emphasis on test scores and can narrow the focus of instruction.
• Safety and security – Ensuring the safety and security of students and staff is a top priority in California’s education industry, particularly in the wake of high-profile school shootings and other violent incidents.

Obviously, these challenges are complex and interconnected. As employees, these challenges can impact your ability to provide students with instruction from day to day. Furthermore, it increases the stress and difficulty that are inherent in the job itself. When all these factors combine with other stressors, such as workplace rights violations, it can turn a rewarding, important job into something much more unpleasant.

What Employment Laws Protect California’s Education Industry Employees?

California’s labor laws are some of the strongest and most comprehensive in the country, and these apply to workplaces across the state–including educational institutions.

• California Fair Employment and Housing Act (FEHA) – The FEHA prohibits discrimination and harassment in employment on the basis of protected characteristics, such as race, gender, religion, age, and disability. This can include unfair or disparate treatment in the workplace based on these characteristics, or further harassment when you or other employees voice concerns of discrimination and harassment in the workplace. 

• California Family Rights Act (CFRA) – The CFRA provides eligible employees with up to 12 weeks of unpaid leave in a 12-month period for things like the birth, adoption, or foster care placement of a child, for the serious health condition of the employee, their child, spouse, or parent, or for a qualifying exigency related to a family member’s military service. 

• Wage and hour laws – The California Labor Code sets forth various employment protections, such as minimum wage and overtime requirements, meal and rest break requirements, and anti-retaliation provisions. 

• California Education Code – The California Education Code governs employment relationships in the education industry, including provisions related to teacher tenure, disciplinary procedures, and credentialing requirements.
• Workers’ compensation laws – California law requires all employers, including educational institutions, to provide workers’ compensation benefits to employees that are injured while at work. Further, laws also prohibit retaliation or harassment when an employee uses these benefits.

• Federal protections – Alongside California’s legal protections, education industry employees are also protected by federal laws that govern the same forms of mistreatment as the state laws do. Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), Family Medical Leave Act (FMLA), all provide additional protections against discrimination, harassment, and retaliation in the workplace.

Violations

While these protections are in place, employers in the education industry frequently violate them. Typically, violations include the following:

• Wrongful termination – When an employee in California’s education industry is fired for a discriminatory reason or in retaliation for speaking up about workplace rights violations, it violates the law. Legally, this is known as wrongful termination.
• Wage and hour violations – When employers in this industry don’t provide minimum wage, meal and rest breaks, or pay overtime when required, it constitutes violations of California’s wage and hour laws.
• Failure to provide reasonable accommodations – Employers are required to provide reasonable accommodations to employees with disabilities to enable them to perform their job duties. This may include modified work schedules, assistive technology, or other accommodations.
• Misclassification of employees – Misclassifying employees as independent contractors can result in violations of wage and hour laws and other workplace protections. Employers must properly classify employees to ensure they receive the appropriate protections and benefits.
• Failure to provide leave – Employers must comply with California and federal law that allows certain types of leave for employees. When they don’t or when they retaliate against these employees, it’s a violation and can be met with legal action.

Legal Options For California Education Industry Employees

Like any California employee, education industry workers who believe their legal rights have been violated have several options available to them to take action against their employer. Prior to taking these steps, it’s important to speak with our team of experienced employment lawyers. We can provide guidance on the legal options available to you and help you understand your rights and protections under the law. There are generally two paths to take when your workplace rights are violated in California. The first is filing an administrative complaint and the other is filing a lawsuit in civil court.

Administrative

There are a number of state agencies in California that enforce the state’s various labor laws. These include:

• The Department of Fair Employment and Housing (DFEH)
• The Labor Commissioner’s Office
• California Division of Occupational Safety and Health (Cal/OSHA)

Generally, when you think your rights are being violated, you file a complaint with the appropriate agency. The DFEH handles complaints regarding violations of the FEHA, the Labor Commissioner’s Office handles wage and hour violations, and Cal/OSHA handles violations of workplace safety. Once your complaint is filed, the agency will launch an investigation that will include gathering evidence from both you and yoru employer and may include performing inspections of the workplace. Once all the evidence is gathered, the agency may suggest mediation or will issue a ruling. If they rule in your favor, they have the authority to make your employer pay you any unpaid wages or could require your employer to fix any issues relating to policies and procedures. After the ruling, you can then proceed to filing a lawsuit.

Lawsuit

If you wish to move forward with a lawsuit, our team can be vital to your success. Our experience and resources can make sure you get the treatment you deserve under the law. Filing a lawsuit against your employer allows you to recover damages, which is simply available benefits and support that is meant to compensate you for any harm your employer caused you. These typically include:

• Lost wages
• Loss of benefits
• Emotional distress
• Attorneys fees and costs

It’s important to remember that your particular damages will depend on the facts and circumstances around your case. As with any lawsuit, filing one against your employer can be a lengthy and complex process.  However, working with our team of experienced employment lawyers can help you assert your rights.

Contact Experienced California Employment Lawyers

The education industry in California provides its employees with incredible opportunities. While it’s a somewhat unique industry, ultimately it’s like any other in the state in terms of the protections and legal requirements for employees and employers. If you work in the education industry and you believe your employer is violating your rights, don’t hesitate to contact our team at Maison Law. We can help you understand your rights and figure out your next steps to get the treatment you are entitled to under the law. Contact us today for a free, no-obligation consultation to learn more.